A. Intent and Purpose. It is recognized that the concentration
of certain adult business and sexual encounter establishment uses
tends to result in the blight and deterioration in the areas of such
concentration. It is evident that special zoning regulations applicable
to adult business and sexual encounter establishment uses are necessary
to preserve the integrity of the city of Glendale. Accordingly, it
is the purpose of this section to establish a comprehensive set of
regulations applicable to adult business and sexual encounter establishment
uses as defined herein.
B.
Definitions. For purposes
of this title, the following words and phrases used in this section
are hereby defined.
“Adult business use”
means and includes the following:
a.
Adult media store.
An establishment having as a significant portion of its stock
in trade books, newspapers, magazines, other periodicals, and/or video
tapes, film or photographs which are distinguished or characterized
by their emphasis on matter depicting, describing, or relating to
“specified sexual activities” or “specified anatomical
areas” and which excludes the patronage of minors.
b.
Adult model studio.
Any place where, for any form of consideration or gratuity,
figure models who display “specified anatomical areas”
are provided to be observed, sketched, drawn, painted, sculptured,
video taped, photographed, or similarly depicted by persons paying
such consideration or gratuity.
c.
Adult motion picture/video arcade.
Any place to which the public is permitted or invited wherein
coin- or slug-operated or electronically, electrically or mechanically
controlled still or motion picture machines, projectors or other image-producing
devices, including, but not limited to, video monitors are maintained
to show images to five or fewer persons per machine at any one time,
and where the images so displayed are distinguished or characterized
by an emphasis on depicting or describing “specified sexual
activities” or “specified anatomical areas.”
d.
Adult motion picture/video peep show.
An establishment which excludes the patronage of minors,
used for presenting material distinguished or characterized by an
emphasis on material depicting, describing or relating to “specified
sexual activities” or “specified anatomical areas”
exhibited in a viewing booth, through a small aperture upon deposit
of a coin.
e.
Adult motion picture theater.
A building customarily used for presenting motion pictures,
videos, slides or other visual material distinguished or characterized
by an emphasis on material depicting or describing “specified
sexual activities” or “specified anatomical areas.”
f.
Cabaret.
A nightclub, concert hall, auditorium, theater or similar
establishment which for any form of consideration, regularly features
live performances which are characterized by the exposure of “specified
anatomical areas” or “specified sexual activities.”
g.
Sexual paraphernalia store.
Any retail store specializing in the sale of paraphernalia,
devices, or equipment distinguished or characterized by an emphasis
on depicting or describing “specified sexual activities”
or used in connection with “specified sexual activities.”
h.
Sexual encounter establishment.
An establishment, including, but not limited to, private
and commercial clubs or organizations, where two or more persons congregate,
associate or consort for the purpose of conducting “specified
sexual activities.” This definition does not include a hotel,
motel or similar establishment offering public accommodations, nor
does this definition include an establishment where a medical practitioner,
psychologist, psychiatrist or similar professional person licensed
by the state of California engages, as part of their professional
practice, in sexual therapy.
“Specified anatomical areas”
means the following:
a.
Less than completely and opaquely covered human genitals, pubic
region, buttocks, anus, or female breasts below a point immediately
above the top of the areolae; or
b.
Human male genitals in a discernibly turgid stage, even if completely
opaquely covered.
“Specified sexual activities”
means the following:
a.
The fondling or other touching of human genitals, pubic region,
buttocks, anus, or female breasts;
b.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
c.
Masturbation, actual or simulated; or
d.
Excretory functions as part of or in connection with any of
the activities set forth in subsections (B)(3)(a) through (c) above.
C. Locational requirements. Adult businesses as defined in this
section shall be permitted only in those districts of the downtown
specific plan area as given in section 3.3 of DSP, subject to the
following requirements:
1. No
adult business use shall be permitted within 450 feet of any church,
public or private school or college, park, playground, library, or
area zoned for residential use.
2. No
adult business shall be permitted within 700 feet of another adult
business.
3. The
distance provided in this section shall be measured by the shortest
distance, without regard to intervening buildings, from the nearest
point of the perimeter of the lot upon which the proposed use is to
be located, to the nearest point of the perimeter of the lot or land
use district boundary from which the proposed land use is separated.
(Ord. 5399 Attach. A, 2004; Ord. 5537 § 11, 2006; Ord. 5541 § 26, 2006)
Notwithstanding other provisions of this chapter and of the
downtown specific plan, the on-site sale, service or consumption of
alcoholic beverages in the full service restaurants, taverns, theaters,
indoor recreation centers, nightclubs, and billiard establishments
within the Maryland Art and Entertainment District of the downtown
specific plan zone shall be subject to the requirements specified
in this section.
Notwithstanding other provisions of this chapter and of the
downtown specific plan, the on-site sale, service or consumption of
alcoholic beverages in the full service restaurants, taverns, theaters,
nightclubs, and billiard establishments within the Alex Theatre District
and Broadway Center District of the downtown specific plan zone shall
be subject to the requirements specified in this section.
For purposes of this Section
30.34.015, the following terms shall be defined as follows:
“Owner”
shall be:
1.
|
The individual or legal entity that owns and operates a full-service
restaurant, tavern, theater, indoor recreation center, nightclub and
billiard establishment within the Maryland Art and Entertainment District
of the downtown specific plan zone with the on-site, sale, service
and consumption of alcoholic beverages, or
|
2.
|
The individual or legal entity that owns and operates a full-service
restaurant, tavern, theater, nightclub and billiard establishment
within the Alex Theatre District and Broadway Center District of the
downtown specific plan zone with the on-site, sale, service and consumption
of alcoholic beverages:
|
“Manager”
shall mean:
1.
|
The individual(s) employed, hired or retained by an owner to
be the owner’s representative and agent to be on site at the
full-service restaurant, theater, indoor recreation center, nightclub
and billiard establishment in the Maryland Art and Entertainment District
of the downtown specific plan zone with the on-site, sale, service
and consumption of alcoholic beverages and to manage or oversee the
establishment’s day-to-day operations, including, but not limited
to, taking responsibility for one or more of the following obligations,
or
|
2.
|
The individual(s) employed, hired or retained by an owner to
be the owner’s representative and agent to be on site at the
full-service restaurant, theater, nightclub and billiard establishment
in the Alex Theatre District and Broadway Center District of the downtown
specific plan zone with the on-site, sale, service and consumption
of alcoholic beverages, including, but not limited to, taking responsibility
for one or more of the following obligations:
|
|
a.
|
Hiring, disciplining, discharging, supervising, directing, or
assigning work to employees; or
|
|
b.
|
Ensuring that employees and the establishment comply with this
chapter’s provisions, the provisions of chapter 5.82, and all
laws.
|
“Promoter”
shall mean an individual or legal entity who uses the establishment
of an owner to organize, oversee, or otherwise promote entertainment
(as that term is defined in section 5.82.020).
A. General Requirements. All full service restaurants, taverns,
theaters, indoor recreation centers, nightclubs, and billiard establishments
which sell and serve alcohol for on-site consumption or otherwise
allow the on-site consumption of alcoholic beverages shall be subject
to the following standards:
1. Owners
shall obtain and maintain all required licenses from the state alcoholic
beverage control board.
2. Owners,
managers, and promoters shall obey all federal, state, and municipal
laws and ordinances, and comply with all conditions imposed pursuant
to any permit or license for the establishment.
3. Owners
(or their managers if so designated by the owner), and promoters shall
obtain business licenses pursuant to chapter 5.82 of this code; provided
nothing herein shall diminish the rights granted by a conditional
use permit for the sale, service and consumption of alcohol at an
establishment regulated by this section.
4. No
establishment shall contain booth or group seating which prohibits
or obstructs plain view of the occupants.
5. Building
plans for establishments regulated by this section shall comply with
all applicable codes, including the Glendale Building Code and the
Glendale Fire Code, and the premises shall be maintained in accordance
with approved plans.
6. Establishments
regulated by this section may serve alcohol from 10:00 a.m.—2:00
a.m., seven days per week, unless otherwise limited by a specific
license or permit.
7. All
graffiti on the site shall be removed or painted over in the same
color as the surface to which it is applied within 24 hours of its
occurrence.
8. A
copy of the standards in this code section and any city license shall
be retained at all times on the premises in each establishment shall
be produced immediately upon the request of the director of community
development or the GPD.
9. Prior
to obtaining a zoning use certificate, the applicant shall sign a
notarized affidavit in a form acceptable to the city attorney acknowledging
and agreeing to comply with all the standards in this code section.
This affidavit shall be kept on file in with the community development
department.
10. The owners and all managers of an establishment regulated by this
section shall ensure that alcoholic beverages purchased within the
owner’s establishment are not consumed outside of the business,
as specified on the ABC license.
11. The owner and managers shall maintain free of litter the area adjacent
to the establishment under the control of the owner.
12. All public telephones shall be located within the interior of the
establishment structure. No public phones shall be located on the
exterior of the premises under the control of the establishment.
13. That all businesses shall remain open to the public during business hours. Full service restaurants shall comply with the definition of “restaurant, full-service” set forth in Chapter
30.70 of this title.
14. The business shall comply with title 8 of the Glendale Municipal
Code concerning excessive noise and disturbing the peace.
17. The perimeter of outdoor areas approved for alcoholic
beverage service shall be defined by physical barriers, and subject
to the review and approval by the directors of community development
and the director of public works. The perimeter of any outdoor area
approved for alcoholic beverage service shall be designed to prevent
the unrestricted flow of persons to and from the outdoor dining area
other than through the approved point of access.
18. Outdoor areas approved for alcoholic beverage service shall not be
posted in any manner with any sign, placard or free-standing card
of any size or type that promotes service of alcoholic beverages in
the outdoor area.
19. Service and consumption of alcoholic beverages in outdoor areas shall
comply with all applicable regulations set forth by the department
of alcoholic beverage control, the GMC, and with any other applicable
conditions imposed to protect public rights-of-way, adjoining properties
and public health, safety and welfare, up to and including restrictions
on occupancy and maximum seating imposed by the director of public
works.
20. The applicant shall not permit any public nuisance in the outdoor
area, including but not limited to, unruly behavior by patrons, or
any interaction with passersby, which may contribute to unruly behavior
on the street.
B. Additional Standards for Indoor Recreation Centers. The following conditions shall apply to indoor recreation centers as defined in Chapter
30.70 of this title:
1. Establishments
with an indoor recreation center shall not have more than three billiard
tables.
2. Establishments
with an indoor recreation center shall maintain a delineated area
designated for the consumption of alcoholic beverages solely for patrons
at least 21 years old.
3. All
new employees of the owner who serve alcohol to patrons shall enroll
in a certified training program for the responsible service of alcohol.
The training shall be offered to new employees at least on a quarterly
basis.
4. Signs
recommending the use of a “designated driver” shall be
posted at all bar areas. The signs shall measure at least 6”
x 6”.
C. Additional Standards for Full Service Restaurants. The following conditions shall apply to full service restaurants as defined in Chapter
30.70 of this title:
1. These
establishments may include a bar or lounge area. Signs recommending
the use of a “designated driver” shall be posted at all
bar areas. The signs shall measure at least 6” x 6”.
2. Entertainment
activities, such as live or recorded music, may be permitted subject
to issuance of a license under chapter 5.82, provided the use includes
a full-service kitchen and a full menu. Tables shall have all necessary
utensils, condiment dispensers and table service with which to serve
meals to the public.
D. Additional Standards for Taverns. The following conditions shall apply to taverns as defined in Chapter
30.70 of this title:
1. All
new employees of business owner licensee serving alcohol to patrons
shall enroll in a certified training program for the responsible service
of alcohol. The training shall be offered to new employees at least
on a quarterly basis.
2. Signs
recommending the use of a “designated driver” shall be
posted at all bar areas and at the entrance and exits to the establishment.
The signs shall measure at least 6” x 6”.
3. The
front and back door of the establishment shall be kept closed at all
times while the location is open for business, except in case of emergency.
E. Additional Standards for Nightclubs. The following conditions shall apply to nightclubs as defined in Chapter
30.70 of this title:
1. All
new employees of business owner licensee serving alcohol to patrons
shall enroll in a certified training program for the responsible service
of alcohol. The training shall be offered to new employees at least
on a quarterly basis.
2. The
owner and/or promoter shall provide and employ uniformed security
guards as necessary onsite at the venue, and at onsite and off site
parking locations to address noise, traffic, and safety concerns.
3. Signs
recommending the use of a “designated driver” shall be
posted at all bar areas and at the entrance and exits to the establishment.
The signs shall measure at least 6” x 6”.
4. The
front and back door of the establishment shall be kept closed at all
times while the location is open for business, except in case of emergency.
F. Theatres. The following conditions shall apply to theatres as defined in Chapter
30.70 of this title:
1. All
new employees of business owner licensee serving alcohol to patrons
shall enroll in a certified training program for the responsible service
of alcohol. The training shall be offered to new employees at least
on a quarterly basis.
2. Signs
recommending the use of a “designated driver” shall be
posted at all bar areas and at the entrance and exits to the establishment.
The signs shall measure at least 6” x 6”.
(Ord. 5728 § 4, 2011; Ord. 5778, § 4, 7-24-2012)
Notwithstanding other provisions of this title, all gas stations
shall conform to the requirements specified in this section. No building,
structure or land shall be used and no building or structure shall
be erected, enlarged or established for any gas station and no enclosed
area shall be converted to a retail sales area, and no pump island
shall be enlarged unless the following limitations listed below are
complied with. No sale of non-automotive-related products, including
alcoholic beverages, shall be allowed unless the limitations below
are complied with:
A. The
minimum lot area shall be 14,400 square feet.
B. The
minimum length of the front property line shall be not less than 120
lineal feet. Where the site also abuts upon a side street or alley,
the minimum length of the property line abutting such street or alley
shall be 90 lineal feet.
C. All
buildings shall maintain a setback distance of not less than 30 feet
from any public street right-of-way line. Pump island canopies shall
not be deemed to be a building for the purposes of this subsection.
D. All
gasoline pumps, pump islands and equipment shall be situated not less
than 15 feet from any public right-of-way. Canopies over pump islands
shall not be situated less then five feet from any property line.
E. No
mechanical servicing or greasing of trucks in excess of one and one-half
(1½) ton capacity or industrial equipment of any type or character
shall be permitted.
F. No
sale of merchandise not clearly incidental to the automotive industry
shall be permitted except within an enclosed building. Merchandise
display shall be permitted on each pump island; provided, that the
aggregate display area on each island shall not exceed 12 square feet.
Automotive products display shall be permitted along the front of
the building; such display shall be located within 36 inches of the
building, shall not exceed 36 inches in height above the sidewalk
surface or ground level on which it is located and shall not be more
than a total of 10 linear feet in length.
G. No
parking area shall block ingress to or egress from pump islands or
service bays.
H. There
shall not be more than two vehicular accessways to any one street
for each development site.
I. No
driveway access may be located nearer than five feet to the beginning
of a curve of a street corner or nearer than five feet from an interior
property line.
J. The
outer radius of any turning area to all pump islands shall be a minimum
of 25 feet.
K. No
miscellaneous items, products, equipment, vehicles or signs shall
be permitted on any corner formed by intersecting streets within that
triangular area between the property line adjacent to the public right-of-way
and a diagonal line joining points on said property lines 25 feet
from their point of intersection or, in the case of rounded corners,
the areas between the tangent to the curve and a diagonal line adjoining
points on such tangents 25 feet from the point of intersection. Area
lighters shall be permitted within the area designated in this subsection,
provided the top of such fixture shall not exceed a height of 15 feet
above the sidewalk surface or ground level on which it is located.
Such area lighters used to illuminate the lot shall be so arranged
as to substantially deflect light away from and avoid undue annoyance
to any residential properties and shall not constitute a hazard to
vehicle operators on the public street or those entering and leaving
the station premises. Landscape lighting fixtures shall be permitted
within the area designated in this subsection, provided such fixtures
are installed in close proximity to the ground, but in no event to
exceed three feet in height, and of such intensity as not to constitute
hazard to vehicle operators on the public street or those entering
and leaving the station premises.
L. Minimum
five foot wide planters shall be provided along the interior property
lines where adjacent to residentially zoned areas that shall be landscaped
and irrigated as provided in this chapter.
M. All
utility services which provide service to the property shall, within
the exterior boundary lines of such property, be installed underground.
N. Refuse
storage area of sufficient size to accommodate a refuse bin shall
be provided on the site in an area enclosed by a minimum five and
one-half (5½) foot high masonry wall as provided for in this
chapter and shall be located in the rear portion of the property in
such manner as to be accessible to refuse collection vehicles.
O. A planting
strip a minimum of five feet wide shall be established and continuously
maintained and landscaped along any property line abutting a street,
except at driveways. Bermed areas may require a two foot high retaining
wall on the interior side of the service station site where deemed
necessary by the director of community development. Any planting within
10 feet of an entry or exit driveway shall not be permitted to grow
higher than 30 inches.
P. Final
plans shall be submitted for approval by the director of community
development for conformity with the aforesaid requirements precedent
to the issuance of a building permit.
Q. A minimum
of one unisex public restroom that meets all ADA requirements shall
be provided within a building and maintained in clean and fully functional
condition at all times that the facility is open for business.
(Ord. 5399 Attach. A, 2004; Ord. 5537 § 12, 2006; Ord. 5803 § 98, 2013)
Notwithstanding other provisions of this chapter, all car washes
shall conform to the requirements specified in this section. No building,
structure or land shall be used and no building or structure shall
be erected, enlarged or established for any car wash unless the following
limitations are complied with:
A. Lot Area. The minimum lot area shall be 25,000 square feet
except that the lot area for a self-service car wash may be 12,500
square feet minimum.
B. Site Improvements and Arrangement.
1. All
buildings shall maintain a setback distance of not less than 10 feet
from any public right-of-way.
2. The
wash rack and any other enclosed work space shall be constructed and
arranged so that entrances, exits and openings therein shall not face
any property in any residential zone.
3. No
building shall be situated less than 25 feet from any interior property
lines abutting a residential zone.
4. There
shall not be more than two vehicular accessways to any one street
for each development site and there shall be no vehicular accessways
along any frontage where the property directly across the street is
located in any residential zone.
5. No
driveway access may be located nearer than five feet to the beginning
of a curve of a street corner or nearer than five feet from an interior
property line, such dimension to be measured from the edge of the
overall apron width including the curb transitional slope.
6. There
shall be provided on the same lot or parcel on which any car wash
is permitted, except in a self-service car wash, a waiting area for
incoming cars accessible to the entrance end of the washing equipment
of not less than 2,000 square feet, and an area beyond the exit end
of the washing equipment of not less than 3,000 square feet to be
used for the hand finishing of the washing process, both such areas
being exclusive of areas intended for other uses; provided, that where
the conveyor space for hand finishing within the enclosed area is
a minimum distance of 60 linear feet, the hand finishing area beyond
the exit and outside the enclosed area shall not be less than 1,000
square feet.
7. The
dispensing of motor vehicle fuel and lubricants shall be allowed;
provided, that all pumps, pump islands, canopies and equipment devoted
to such use be set back a minimum distance of 15 feet from any public
street right-of-way, 10 feet from any abutting property line and 25
feet from any residential zone. No dispensing of motor vehicle fuels
and lubricants shall be allowed in self-service car washes.
8. No
buildings, equipment, vehicles, signs or miscellaneous items shall
be permitted on any corner formed by intersecting streets within that
triangular area between the property line adjacent to the public right-of-way
and a diagonal line joining points on the said property lines 25 feet
from their point of intersection or, in the case of rounded corners,
the areas between the tangent to the curve and a diagonal line adjoining
points on such tangents 25 feet from the point of intersection. Area
lighters shall be permitted within the area designated in this subsection,
provided the top of the actual lighting fixture shall not exceed a
height of 15 feet above the sidewalk surface or ground level on which
it is located nor be lower than 12 feet above such surface or level.
Landscape lighting fixtures will be permitted within the area designated
in this subsection, provided such fixtures are installed in close
proximity to the ground, but in no event to exceed 18 inches in height,
and of such intensity as not to constitute a hazard to vehicle operators
on the public street or those entering and leaving the premises.
C. Landscaping.
1. Minimum
five foot wide planters shall be provided along the interior property
lines where adjacent to residentially zoned areas that shall be landscaped
and irrigated as provided in this chapter. Planting in such area shall
include, but not be limited to, trees having minimum 15 gallon size
at a maximum spacing of 10 feet on center.
2. Landscaping
and planting at a width of 10 feet shall be provided adjacent to all
street frontages except for necessary walkways and driveways.
3. An equivalent area of landscaping may be substituted for the specific locations of landscaped areas required by subsections
A and
B when a landscaping plan is submitted by a landscape architect and approved by the director of community development, provided, that a safety factor as to unobscured site distance is incorporated into said plan.
D. Merchandising.
1. No
sale of toys, beverages, or other merchandise except fuel and oil
shall be permitted except within an enclosed building or from vending
machines. A maximum of two vending machines shall be permitted and
shall abut the building.
2. No
merchandise display shall be permitted outside of an enclosed building.
3. Subsection
(1) notwithstanding, the preparation, sale, and consumption of food in an area of up to 200 square feet is permitted as an accessory use without the need for additional parking.
E. Utilities and Waste Disposal.
1. All
utility services which provide service to the property shall, within
the exterior boundary lines of such property, be installed underground.
2. Wash
and rinse water shall be 80% reclaimed and recirculated.
3. Notwithstanding any other provisions of this chapter, all car wash facilities shall comply with the industrial waste permit requirements of Chapter
13.40 of this code and the waste discharge requirements and National Pollutant Discharge Elimination System Permit requirements for municipal stormwater and urban runoff discharges, No. 96-054, issued by the California Regional Water Quality Control Board on July 31, 1996, and as subsequently amended.
4. Provisions
shall be made to prevent area water from the site from flowing over
any public sidewalk.
5. Refuse
storage area of sufficient size to accommodate a refuse bin shall
be provided on the site in an area enclosed by a six foot masonry
wall as provided for in this chapter and shall be located in the rear
portion of the property in such manner as to be accessible to refuse
collection vehicles.
6. Plan approval. Final plans shall be submitted for approval
by the director of community development for conformity with the aforesaid
requirements precedent to the issuance of a building permit.
(Ord. 5399 Attach. A, 2004; Ord. 5537 § 13, 2006; Ord. 5747 § 50, 2011)
A. Purpose. The purpose of the regulations of this section is
to provide standards for outdoor sales of food and beverages, merchandise,
and shoe shining services. It is in the best interest of the city
of Glendale to promote small businesses and provide outdoor facilities
within the confines of private courtyards, patios, plazas, interior
gardens, etc., which will complement and enhance the retail environment
and enliven the streetscape in commercial districts.
B. Standards for Carts. Notwithstanding any other provisions
of Title 30 of the Glendale Municipal Code, 1995, the operation of
freestanding, non-motorized vending carts for the purpose of selling
food and beverages, merchandise, and providing shoe shining services
shall be subject to the following requirements:
1. Each
cart shall be approved individually as to location, size, design and
aesthetic characteristics including signs, by the director of community
development and shall subsequently be reviewed every two years.
2. A
permit to operate shall be obtained pursuant to Title 5 of this code.
3. Each
cart shall be fully portable.
4. No
cart, portion of a cart, nor seating shall be located within the public
right-of-way.
5. Each
cart shall be allowed two portable tables and a maximum of four chairs
for customer use. The tables and chairs shall be removed from their
outdoor location at the close of business.
6. Signs shall be in compliance with Chapter
30.33 of this title.
(Ord. 5399 Attach. A, 2004; Ord. 5747 § 51, 2011; Ord. 5847 § 9, 2015)
Notwithstanding any other standards in this title, the following
standards shall apply to all community gardens:
A. The
hours of operation shall be limited from dawn to dusk.
B. No
lighting shall be permitted.
C. The
gardens shall comply with Title 8 of this code concerning noise.
(Ord. 5747 § 52, 2011)
In addition to the other provisions of the Zoning Ordinance,
dish antennae shall be subject to the following requirements:
A. Open
mesh material is recommended over solid material.
B. The
antenna and supporting structure shall be a neutral color, which color,
in the opinion of the design review board, blends with the surrounding
dominant color, helps camouflage the dish antenna, and is neither
bright nor metallic.
C. No
advertising shall be permitted on any part of a dish antenna, except
for a six inch square displaying the manufacturer’s or distributor’s
name.
D. The
antenna shall be screened by recessing the antenna into the roof line
or by constructing a screen out of similarly textured roofing, or
exterior wall material, or microwave transparent material.
(Ord. 5399 Attach. A, 2004; Ord. 5803 § 99, 2013)
In addition to the other provisions of the Zoning Ordinance,
equipment rental and leasing businesses shall be subject to the following
requirements:
A. All
equipment and machinery shall be stored in a neat and organized manner.
B. Outdoor
storage of inoperable vehicles shall not be allowed.
C. Maintenance
and repair of equipment and construction vehicles shall be performed
in a completely enclosed building.
D. Equipment
and construction vehicles shall not be stored with their lifting arms,
booms, blades, buckets, scrapers, etc., in a position higher than
the main body of the equipment or vehicle (e.g., higher than the cab
of the vehicle).
(Ord. 5399 Attach. A, 2004; Ord. 5416 § 32, 2004; Ord. 5537 § 14, 2006)
In addition to the other provisions of this chapter, heating
and ventilating service shops including the incidental forming of
ducts are permitted provided:
A. All
equipment used in the forming of said ducts shall be of low-sound
intensity and confined to the building in which the ducts are formed.
B. The
forming of said ducts shall be incidental only to wholesale or retail
sales of heating and ventilating equipment.
(Ord. 5399 Attach. A, 2004; Ord. 5416 § 33, 2004; Ord. 5537 § 15, 2006)
A. Intent and Purpose. This section is intended to provide for
the creation of accessory dwelling units and junior accessory dwelling
units in a manner that is ministerial and nondiscretionary consistent
with state law.
1. Accessory
dwelling units and/or junior accessory dwelling units, as applicable,
are located on lots developed or proposed with dwelling units in areas
zoned for single-family and multi-family residential (including mixed-use
residential) uses and can provide an important source of affordable
housing. For purposes of this section, the existing one residential
dwelling on property zoned single-family residential or property with
an existing single-family dwelling on it shall also be known as the
primary dwelling.
2. Accessory
dwelling units and junior accessory dwelling units, when appropriately
sized and located, have little impact on neighborhood quality of life
or upon real property that is listed, or identified on a historic
survey as potentially eligible on the National Register of Historic
Places, California Register of Historical Resources, Glendale Register
of Historic Resources, and in a city of Glendale designated or nominated
Historic District.
3. Establishing
reasonable regulations for accessory dwelling units and junior accessory
dwelling units is an appropriate mechanism to properly balance the
need for additional affordable housing with the need to maintain existing
architectural character, community character and neighborhood quality
of life.
4. Accessory
dwelling units and junior accessory dwelling units are not considered
for purposes of general plan density calculation.
5. Accessory
dwelling unit and junior accessory dwelling unit permits are necessary
to enable tracking of affordable housing and to ensure review and
compliance with zoning, fire, and life safety standards contained
in state and local law.
B. Applicability. This section shall apply to all zones that
allow single-family or multi-family residential use(s).
C.
Definitions. The following definitions shall apply to the requirements of this section any term not defined herein shall have the same meaning as defined in Chapter
30.70:
“Accessory dwelling unit”
means an attached or a detached residential dwelling unit
that provides complete independent living facilities for one or more
persons and is located on a lot with a proposed or existing primary
residence. It shall include permanent provisions for living, sleeping
eating, cooking, and sanitation on the same parcel as the single-family
or multi-family dwelling is or will be situated. An accessory dwelling
unit also includes the following:
a.
An efficiency unit as defined in Section 17958.1 of the Health
and Safety Code.
b.
A manufactured home, as defined in Section 18007 of the Health
and Safety Code.
“Junior accessory dwelling unit”
means a unit that is no more than 500 square feet in size
and contained entirely within a single-family residence, and shall
in no event be contained within a detached accessory building or structure.
For purposes of this definition, “contained entirely within
a single-family residence” means enclosed uses within the residence,
such as attached garages. A junior accessory dwelling unit may include
separate sanitation facilities, or may share sanitation facilities
with the existing structure.
“Living area”
means the interior habitable area of a dwelling unit, including
basements and attics, but does not include a garage or any accessory
structure.
“Public transit”
means a location, including, but not limited to, a bus stop
or train station, where the public may access buses, trains, subways,
and other forms of transportation that charge set fares, run on fixed
routes, and are available to the public.
D. General Provisions.
1. Accessory
dwelling units shall be permitted in any zone that allows residential
uses and is developed with residential uses or, in the case of single-family
zones only, is proposed to be developed with a residential dwelling
unit. Where two or more contiguous lots in the same ownership are
developed as one building site with residential dwellings and where
an accessory dwelling unit is proposed, a lot line adjustment or parcel
map, as applicable, shall be required to create one lot by relocating
or eliminating existing lot lines.
2. Junior
accessory dwelling units shall only be permitted on lots developed
with one residential dwelling or proposed to be developed with one
residential dwelling. Where two or more contiguous lots in the same
ownership are developed as one building site with residential dwellings
and where a junior accessory dwelling unit is proposed, a lot line
adjustment or parcel map shall, as applicable, be required to create
one lot by relocating or eliminating existing lot lines.
3. Accessory
dwelling units and junior accessory dwelling units are subject to
the underlying zoning development standards for setback, floor area
ratio, lot coverage, height, parking, open space and landscaping that
are applicable to the primary residential dwelling, or dwellings,
except as otherwise set forth in this section.
4. No
additional setback shall be required for an existing living area or
accessory building or a building constructed in the same location
and to the same dimensions as an existing building that is converted
to an accessory dwelling unit, and a setback of no more than four
feet from an interior lot line shall be required for an accessory
dwelling unit that is not converted from an existing building constructed
in the same locations and to the same dimensions as an existing building.
5. An
accessory dwelling unit shall include:
d. Comply with building codes, including sufficient setbacks for fire.
f. Must be served by utilities, including sewer, water and electric.
6. All
new construction attached or detached accessory dwelling units shall
have a maximum square footage as follows.
a. Eight hundred fifty square feet; or
b. One thousand square feet for an accessory dwelling unit that provides
more than one bedroom.
7. All
new construction accessory dwelling units attached to the existing
primary dwelling shall not exceed 50% of the existing floor area of
the primary dwelling, but in no event shall an accessory dwelling
unit exceed the maximum square feet stated in subsection (D)(6) above.
8. A
junior accessory dwelling unit shall include:
a. An efficiency kitchen, which shall include a sink and a cooking facility
with appliances and a food preparation counter and storage cabinets
that are of reasonable size in relation to the size of the junior
accessory dwelling unit.
c. Comply with building codes, including sufficient setbacks for fire.
e. Must be served by utilities, including sewer, water and electric.
f. If the junior accessory dwelling unit does not include a separate
bathroom, the junior accessory dwelling unit shall include a separate
entrance from the main entrance to the structure, with an interior
entry to the main living area.
9. A
lot where only one residential dwelling unit exists may have either
an accessory dwelling unit or an accessory living quarters, but not
both. For the purposes of this section, other accessory buildings
which are defined as “R” Occupancy per Chapter 3 of the
California Building Code such as, a cabana, pool house, recreation
room, workshop, studio, rumpus room and similar shall be considered
accessory living quarters. An accessory living quarter may be converted
to an accessory dwelling unit. Nothing herein shall prohibit the creation
of a junior accessory dwelling unit on such a lot that contains an
accessory living quarters.
10. In no case shall new construction of an accessory dwelling unit be
located between the primary residential dwelling(s) and the street
front and street side setback. Notwithstanding such prohibition, in
cases where a lot has more than one street front (through lot), a
new construction attached or detached accessory dwelling unit may
be located between the street front setback and the side or rear façade
of the primary residential dwelling(s). Further, no additional driveway
shall be allowed from any street frontage. These prohibitions do not
apply when compliance with this section precludes development of an
accessory dwelling unit or junior accessory dwelling unit that qualifies
under subsection (E)(4) below.
11. Any rental of an accessory dwelling unit and/or junior accessory
dwelling unit created pursuant to this section shall be for a term
longer than 30 days.
12. Except as provided in
Government Code Section 65852.26, the accessory
dwelling unit and/or the junior accessory dwelling unit cannot be
sold separately from the residential dwelling(s).
13. Fire sprinklers shall be required for the accessory dwelling unit
and/or junior accessory dwelling unit if fire sprinklers are or were
required for the residential dwelling. The construction of an accessory
dwelling unit shall not trigger a requirement for fire sprinklers
to be installed in the existing single- or multi-family dwelling.
14. No passageway shall be required between an entrance of the accessory
dwelling unit and the street right-of-way as defined in state law.
15. The property owner shall pay all sewer, water, school district, and
other applicable fees.
16. Notwithstanding Chapter
4.10 and any development impact fee resolutions adopted thereunder:
a. Any accessory dwelling unit under 750 square feet shall be exempt
from any development impact fee, including, but not limited to, the
parks and libraries development impact fee; and
b. Any accessory dwelling unit of 750 square feet or greater shall be charged a parks and library development impact fee in an amount proportionally related to the square footage of the primary dwelling unit or the average square footage of the existing multi-family dwelling units, as applicable, not to exceed that amount set forth in the development impact fee resolution adopted pursuant to Chapter
4.10 of this code.
17. The property owner may install new or separate utility connections
between the accessory dwelling unit(s) or junior accessory dwelling
unit and the utility, and pay all applicable connection fees or capacity
charges.
18. An accessory dwelling unit or junior accessory unit shall not be
considered a new residential use for purposes of calculating connection
fees or capacity charges for utilities, including water and sewer,
unless the accessory dwelling unit or junior accessory dwelling unit
is constructed with a new single-family dwelling.
19. When an accessory dwelling unit or junior accessory dwelling unit
qualifies under subsection (E)(4) or (F)(2), installation of new or
separate utility connections, including related connection fees or
capacity charges, directly between the accessory dwelling unit or
junior accessory dwelling unit shall not be required unless the accessory
dwelling unit or junior accessory dwelling unit was constructed with
a new single-family dwelling.
20. When an accessory dwelling unit or junior accessory dwelling unit
does not qualify under subsection (E)(4) or (F)(2), installation of
a new or separate utility connection directly between the accessory
dwelling unit and the utility may be required. Consistent with California
Government Code Section 66013, the connection may be subject to a
connection fee or capacity charge that shall be proportionate to the
burden of the proposed accessory dwelling unit or junior accessory
dwelling unit, based upon either it’s square footage or the
number of its drainage fixture unit (DFU) values, as defined in the
Uniform Plumbing Code adopted and published by the International Association
of Plumbing and Mechanical Officials, upon the water or sewer system.
This fee or charge shall not exceed the reasonable cost of providing
this service.
E. Additional Standards Specific Only to an Accessory Dwelling Unit
and/or Junior Accessory Dwelling Unit Where Only One Residential Dwelling
Unit Exists or is Proposed on a Lot. The following standards
and criteria apply to accessory dwelling units and/or junior accessory
dwelling units where only one residential dwelling unit exists or
is proposed on a lot.
1. Except
as otherwise set forth in this section, accessory dwelling units and
junior accessory dwelling units are subject to all zoning development
standards that apply in the underlying zone to the primary residential
dwelling, including, but not limited to, setbacks, floor area ratio,
lot coverage, height, parking, landscaping, open space, and ungraded
open space, except that no more than a minimum of four foot interior
setbacks shall be required.
2. Notwithstanding
the development standards for floor area ratio, lot coverage, and
open space (when not required for minimum landscaping requirements)
for the underlying zone, a new construction attached or detached accessory
dwelling unit shall be permitted that is 800 square feet or less in
size, provides four foot minimum interior setbacks and does not exceed
the following height limitations:
a. A height limit of 16 feet for a detached accessory dwelling unit
on a lot with an existing or proposed single-family dwelling unit.
b. A height limit of 18 feet for a detached accessory dwelling unit
on a lot with an existing or proposed single-family dwelling unit
that is within one-half (0.5) mile walking distance of a major transit
stop or a high quality transit corridor, as those terms are defined
in Section 21155 of the
Public Resources Code. An additional two feet
in height shall be permitted to accommodate a roof pitch on the accessory
dwelling unit that is aligned with the roof pitch of the primary dwelling
unit. In no case shall the accessory dwelling unit exceed two stories.
c. A height of 25 feet or the height limitation of the underlying zoning
district, whichever is lower, for an accessory dwelling unit that
is attached to the primary dwelling. In no case shall the accessory
dwelling unit exceed two stories.
3. For
properties listed on the California Register of Historic Places, the
Glendale Register of Historic Properties, any property in an adopted
or nominated historic district overlay zone, or any property identified
as significant or potentially significant on a historic survey meeting
the requirements of
Public Resources Code Section 5024.1(g), any exterior
changes to an existing property to create an accessory dwelling unit
and/or a junior accessory dwelling unit shall not be visible from
the public street or sidewalk right-of-way immediately adjacent to
the property and shall not alter any defining historical characteristic
unless compliance with this section precludes development of an accessory
dwelling unit or junior accessory dwelling unit that qualifies under
subsection (E)(4) below.
4. Notwithstanding
subsection (E)(1) above:
a. One accessory dwelling unit and one junior accessory dwelling unit
shall be allowed when all of the following apply:
i. The accessory dwelling unit or junior accessory dwelling unit shall
be located within the proposed space of a single-family dwelling or
existing space of a single-family dwelling, or the accessory dwelling
unit shall be located within the existing space of an accessory building
and may include an expansion of an accessory building not to exceed
150 square feet beyond the same physical dimensions as the existing
accessory building. An expansion of an accessory dwelling unit beyond
the physical dimensions of the existing accessory building shall be
limited to accommodating ingress and egress;
ii. The space has exterior access from the proposed or existing single-family
dwelling;
iii.
For fire safety purposes, at least one of the existing interior
setbacks has minimum of three feet; and
iv. The junior accessory dwelling unit complies with all other junior
accessory dwelling unit requirements outlined in this Ordinance.
b. One detached new construction accessory dwelling unit shall be allowed
subject to the following:
i. A minimum four foot interior setback;
ii. A maximum square footage of 800 square feet; and
iii.
A height limit as set forth in subsection (E)(2) above.
An accessory dwelling unit constructed under subsection (E)(4)(b)
above may be combined to also allow a junior accessory dwelling unit
in the manner described in subsection (E)(4)(a) above, but only where
one residential dwelling unit exists, or is proposed to be constructed.
|
5. Alterations
and/or additions to any existing primary residential dwelling which
do not propose an additional story and/or change to a façade,
including addition of a door, directly facing a street may be permitted
to accommodate an accessory dwelling unit or junior accessory dwelling
unit. In cases where a lot has more than one street front (through
lot), a new construction attached or detached accessory dwelling unit
may be located between the street front setback and the side or rear
façade of the primary residential dwelling(s) and may add a
door directly facing a street. These prohibitions do not apply when
compliance with this section precludes development of an accessory
dwelling unit or junior accessory dwelling unit that qualifies under
subsection (E)(4) above.
6. Accessory
dwelling units and junior accessory dwelling units that are new construction,
or propose exterior modifications to an existing primary residence
or to a permitted accessory building shall be architecturally compatible
with the existing primary residence and must use matching or complementary
building materials unless compliance with this section precludes development
of an accessory dwelling unit or junior accessory dwelling unit that
qualifies under subsection (E)(4) above.
7. New
construction attached or detached accessory dwelling units shall be
limited to a single-story, except when constructed under the height
limits enumerated in subsection (E)(2)(b) through (E)(2)(c). New construction
accessory dwelling units shall not be permitted above a detached garage
or carport.
8. When
an accessory dwelling unit and/or junior accessory dwelling unit is
proposed with an attached balcony, porch or patio cover structure,
the attached balcony, porch or patio cover structure shall be limited
to no more than 5% of the square footage of the accessory dwelling
unit and/or junior accessory dwelling unit or 60 square feet, whichever
is less.
9. Rooftop
deck located above any new construction (attached or detached) or
converted accessory and/or junior accessory dwelling unit are prohibited.
Further, when a parapet is used for the accessory dwelling, the parapet
height shall not exceed 18 inches.
F. Additional Standards Specific Only to Accessory Dwelling Units on
Lots Developed with Existing Multiple Residential Dwelling Units. The following standards and criteria apply to accessory dwelling
units on lots developed with existing multiple residential dwelling
units.
1. Except
as otherwise set forth in this section, accessory dwelling units are
subject to all zoning development standards that apply in the underlying
zone, including, but not limited to, setbacks, floor area ratio, lot
coverage, height, parking, landscaping, open space, and ungraded open
space, except that no more than a minimum of four foot interior setbacks
shall be required. In such cases, no more than three new construction
accessory dwelling units with a maximum square footage set forth in
subsection (D)(6) above shall be allowed.
2. Notwithstanding
subsection (F)(1) above, the applicant is entitled to build accessory
dwelling units under either subsection (F)(2)(a) or (F)(2)(b) below,
but not both:
a. At least one accessory dwelling unit and up to 25% of the existing
multi family dwelling units shall be allowed within portions of existing
multi family dwelling structures (excluding existing dwelling units)
that are not used as livable space, including, but not limited to,
storage rooms, boiler rooms, passageways, attics, basements, or garages,
if each unit complies with state building standards for dwellings;
or
b. Not more than two detached accessory dwelling units with minimum
four foot interior setbacks shall be allowed. These accessory dwelling
units may be attached or detached from each other and shall be located
where existing garage or carports are located and are proposed to
be demolished and where this demolition is necessary to physically
accommodate the accessory dwelling unit(s). In addition, the following
height limitations shall apply:
i. A height of 16 feet for a detached accessory dwelling unit on a lot
with an existing multi-family dwelling unit.
ii. A height of 18 feet for a detached accessory dwelling unit on a lot
with an existing or proposed multi family dwelling unit that is within
one-half (0.5) of one mile walking distance of a major transit stop
or a high-quality transit corridor, as those terms are defined in
Section 21155 of the
Public Resources Code. An additional two feet
in height shall be permitted to accommodate a roof pitch on the accessory
dwelling unit(s) that is aligned with the roof pitch of the primary
dwelling unit. In no case shall the accessory dwelling unit exceed
two stories.
iii.
A height of 18 feet for a detached accessory dwelling unit on
a lot with an existing or proposed multi-family, multi-story dwelling.
In no case shall the accessory dwelling unit exceed two stories.
3. Junior
accessory dwelling units are prohibited on lots developed with existing
multiple residential dwelling units.
4. For
properties listed on the California Register of Historic Places, the
Glendale Register of Historic Properties, any property in an adopted
or nominated historic district overlay zone, or any property identified
as significant or potentially significant on a historic survey meeting
the requirements of
Public Resources Code Section 5024.1(g), any exterior
changes to an existing property to create accessory dwelling units
shall not be visible from the public street or sidewalk right-of-way
immediately adjacent to the property and shall not alter any defining
historical characteristic unless compliance with this section precludes
development of an accessory dwelling unit(s) that qualifies under
subsection (F)(2) above.
5. Accessory
dwelling units that are new construction, or that propose exterior
modifications to an existing multi-family building or to a permitted
accessory building shall be architecturally compatible with the existing
multi-family building and must use matching or complementary building
materials unless compliance with this section precludes development
of an accessory dwelling unit(s) that qualifies under subsection (F)(2)
above.
6. Accessory
dwelling units shall be limited to a single-story, except when constructed
under the height limits enumerated in subsections (F)(2)(b)(i) through
(F)(2)(b)(ii). New construction accessory dwelling units shall not
be permitted above detached garages or carports.
7. When
an accessory dwelling unit(s) is proposed with an attached balcony,
porch or patio cover structure, the attached balcony, porch or patio
cover structure shall be limited to no more than 5% of the square
footage of the accessory dwelling unit and/or junior accessory dwelling
unit or 60 square feet, whichever is less.
8. Rooftop
decks located above any new construction (attached are detached) or
converted accessory dwelling unit are prohibited. Further, when a
parapet is used for the accessory dwelling unit, the parapet height
shall not exceed 18 inches.
G. Parking Standards for an Accessory Dwelling Unit.
1. Off-street
parking for an accessory dwelling unit shall comply with the following
standards:
a. A maximum of one off-street parking space shall be provided per accessory
dwelling unit or per bedroom, whichever is less, except as otherwise
provided in this section.
b. Any uncovered parking space shall have a minimum width of eight feet
and a length of 18 feet.
c. Parking may be located in any configuration on the same lot as the
accessory dwelling unit, including covered spaces, uncovered spaces,
or tandem spaces, or by the use of mechanical automobile parking lifts.
d. If a mechanical automobile parking lift is used, it shall be enclosed
and may not be located within any setback area.
e. An uncovered parking space may be located within setback areas on
an existing driveway and shall not encroach on the public right-of-way.
f. A covered or enclosed parking space shall comply with zoning standards.
2. An accessory dwelling unit shall share the driveway with the existing primary residential dwelling or multiple residential dwelling units. The driveway to the primary residential dwelling or multiple residential dwelling units may be modified to accommodate onsite parking and shall comply with Section
30.32.130. A separate driveway for the accessory dwelling unit shall not be provided, except where the lot is adjacent to an alley, in which case a driveway from the alley may be added to serve the accessory dwelling unit.
3. On
shared driveways that provide access for multiple lots, such as flag
lots, parking shall not be permitted on portions of the driveway that
are used to provide access to more than one lot.
4. No
on-site parking is required for an accessory dwelling unit when one
or more of the following is applicable:
a. The property is located within one-half (0.5) mile walking distance
of a public transit stop.
b. The property is listed on the California Register of Historic Places,
Glendale Register of Historic Properties, or any property in an adopted
historic district overlay zone with a building identified as a contributing
building or structure in an adopted historic resources survey.
c. When the accessory dwelling unit is located within the existing primary
residence or accessory living quarters.
d. When on-street parking permits are required but not offered to the
occupant of an accessory dwelling unit.
e. When there is a car share vehicle lot, such as ZIP car, located within
one block of the accessory dwelling unit.
f. When it is a junior accessory dwelling unit.
g. When an accessory dwelling unit(s) qualifies for approval under subsection
(E)(4) or (F)(2) of this section.
5. Parking
spaces shall not be required to be replaced when a garage, carport,
or covered parking structure is demolished in conjunction with the
construction of an accessory dwelling unit or converted to an accessory
dwelling unit. For purposes of this section, “in conjunction
with” means construction of an accessory dwelling unit(s) or
conversion that falls within the footprint of the original garage,
carport, or covered parking structure that is proposed to be demolished/converted
for an accessory dwelling unit.
H. Covenant and Agreement.
1. A
covenant and agreement shall be executed by the property owner and
recorded for an accessory dwelling unit and/or junior accessory dwelling
unit prior to final approval of the building permit. The covenant
and agreement shall include the following:
a. The accessory dwelling unit and junior accessory dwelling unit shall
not be sold separately from the primary residential dwelling, except
as provided in
Government Code Section 65852.26.
b. All required on-site parking for the lot identified in the accessory
dwelling unit permit shall remain available for the primary residential
dwelling and accessory dwelling unit and shall not be rented separately
to non-residents.
c. For properties with junior accessory dwelling units, at all times,
the property owner shall comply with one of the following requirements:
(i) the property owner must be an owner-occupant and reside in either
the residential dwelling or in the junior accessory dwelling unit;
or (ii) if the property owner does not reside in either the residential
dwelling or the junior accessory dwelling unit, then the property
owner shall only rent or lease the property as a single rental property
and shall not rent or lease the residential dwelling and junior accessory
dwelling unit separately from each other.
d. Short-term rentals less than 30 days are prohibited for the primary
residential dwelling, accessory dwelling unit, and junior accessory
dwelling unit.
e. The accessory dwelling unit and junior accessory dwelling unit permit
shall run with the land and the accessory dwelling unit and junior
accessory dwelling unit permit is binding and enforceable on future
property owners.
f. The accessory dwelling unit and junior accessory dwelling unit shall
be removed at the expense of the property owner if the accessory dwelling
unit permit or junior accessory dwelling unit permit is invalidated
or terminated, upon violation of this section, or upon cessation of
the primary land use as a single-family residential dwelling and/or
multi-family residential dwellings, as applicable.
(Ord. 5957 § 8, 2020; Ord. 5997 § 5, 2022)
In addition to the other provision of the zoning ordinance,
live/work units in the DSP, IND, IMU, IMU-R, SFMU and TOD zones shall
be subject to the following requirements:
A. Purpose. This section provides standards for the development
of new live/work units and for the reuse of existing commercial and
industrial structures to accommodate live/work opportunities. Live/work
units are intended to be occupied by business operators who live in
the same structure that contains the commercial or industrial activity.
A live/work unit is intended to function predominantly as workspace
with incidental residential accommodations.
B. Applicability and Allowed Uses. The provisions of this
section shall apply to live/work units where permitted in the DSP,
IND, IMU, IMU-R, SFMU, and TOD zones. Allowable uses for the nonresidential
portion of the live/work unit shall be those uses permitted or conditionally
permitted in the respective zones for the SFMU, IMU, IMU-R and TOD
zones, or, for the DSP zone, those uses permitted or conditionally
permitted pursuant to Section 3.3 of the DSP.
C. Limitations on Use. All uses shall be conducted entirely
within a completely enclosed building which is attached to a permanent
foundation, other portions of this title notwithstanding.
A live/work unit shall not be established or used in conjunction
with any of the following activities:
2.
Other activities or uses, not compatible with residential activities
and/or that have the possibility of affecting the health or safety
of live/work unit residents, because of dust, glare, heat, noise,
noxious gases, odor, smoke, traffic, vibration, or other impacts,
or would be hazardous because of materials, processes, products, or
wastes, as determined by the director of community development.
D. Development Standards.
1.
Floor area requirements. The minimum total floor
area of a live/work space shall be 1,000 square feet within each unit.
Not more than 50 percent of the total floor area of each unit shall
be used for living space. Floor areas, other than those reserved for
living space, shall be reserved and regularly used for working and
display space.
2.
Street frontage treatment. Each live/work unit
fronting a public street, and located at street level, shall have
a pedestrian-oriented frontage that publicly displays the interior
of the nonresidential areas of the structure.
3.
Access to units. Where more than one live/work
unit is proposed within a single structure, each live/work unit shall
be separated from other live/work units and other uses in the structure.
Access to individual units shall be from streets, common access areas,
corridors, or hallways. Access to each unit shall be clearly identified
to provide for emergency services.
4.
Internal layout.
a.
The living space within the live/work unit shall be contiguous
with, and an integral part of the working space, with direct access
between the two areas, and not as a separate stand-alone dwelling
unit.
b.
The residential component shall not have a separate street address
from the business component.
E. Operating Standards.
1.
Occupancy. A live/work unit shall be occupied and
used only by a business operator, and/or a household of which at least
one member shall be the business operator.
2.
Sale or rental of portions of unit. No portion
of a live/work unit may be separately leased, rented, or sold.
3.
Notice to occupants. The owner or developer of
any structure containing live/work units shall provide written notice
to all live/work occupants and users that the surrounding area may
be subject to levels of dust, fumes, noise, or other impacts associated
with commercial and industrial uses at higher levels than would be
expected in more typical residential areas. Noise and other standards
shall be those applicable to commercial or industrial properties in
the applicable zone.
4.
On-premises sales. On-premises sales of goods is
limited to those produced within the live/work unit; provided, the
retail sales activity shall be incidental to the primary production
work within the unit. These provisions shall allow occasional open
studio programs and gallery shows.
5.
Nonresident employees. Up to two persons who do
not reside in the live/work unit may work in the unit.
F. Changes in Use. In all zones except DSP or TOD zone,
after approval, a live/work unit shall not be converted to either
entirely residential use or entirely business use unless authorized
through conditional use permit approval.
(Ord. 5399 Attach. A, 2004; Ord. 5416 § 35, 2004; Ord. 5537 § 17, 2006; Ord. 5541 § 27, 2006; Ord. 5747 § 53, 2011; Ord. 6012, 10/10/2023)
In addition to the other provision of the Zoning Ordinance,
mixed-use development in the DSP, IMU-R, SFMU, and TOD zones shall
be subject to the following requirements:
A. Purpose. This section provides locational, developmental,
and operational standards for the establishment of mixed-use developments.
For the purpose of this section, mixed-use projects are developments
that combine commercial retail/office, industrial (except in the DSP
and SFMU zones), and residential uses on a single parcel, or as components
of a single development.
B. Mix of Uses. A mixed-use project may only combine commercial
retail/office, industrial (except in the SFMU zones), and residential
uses. In the SFMU zone, lots having frontage along San Fernando Road,
Broadway, and Colorado, require that commercial uses be located along
the street frontage.
C. Loading and Storage Facilities. Loading areas and solid
waste storage facilities shall be located as far as possible from
the on-site residential units and shall be completely screened from
view from adjacent residential portions of the project. The location
and design of the solid waste enclosures shall account for potential
nuisances from odors.
D. Exterior Equipment. All exterior mounted equipment shall
be screened from view. Special consideration shall be given to the
location and screening of noise generating equipment (e.g., air conditioning,
exhaust fans, refrigeration units, etc.). Noise reducing screens and
insulation may be required where equipment has the potential to impact
residential uses.
E. Hours of Operation. The review authority may restrict
the hours of operation of nonresidential uses to mitigate adverse
impacts on the residential uses.
F. Building Design.
1.
Design standards. A mixed-use project shall be
designed and constructed to:
a.
Be compatible with and complement adjacent land uses;
b.
Maintain or increase the existing number of residential units
generally and specifically those for seniors and low- and moderate-income
households; and
c.
Mitigate glare, light, noise, traffic, and other potential environmental
impacts to the maximum extent feasible.
d.
Except in the DSP, the architectural style and use of materials
shall be consistent throughout the entire project. Differences in
materials and/or architectural details shall only occur on a structure
where the intent is to differentiate between the residential scale
and character of the structure and the commercial scale and character.
2.
Separate entrances. Except in the DSP, when residential
and commercial uses are provided in the same structure, separate entrances
shall be provided for each use.
3.
Distance between dwellings. Except in the DSP,
a minimum distance of 10 feet shall separate exterior walls of separate
buildings containing dwelling units on the same lot. The windows or
window/doors of any dwelling unit shall not face the windows or window/doors
of any other dwelling unit unless separated by a distance of 10 or
more feet except where the angle between the walls of the separate
dwelling units is 90 degrees or more. Walls parallel to each other
shall be considered to be at a zero-degree angle.
(Ord. 5399 Attach. A, 2004; Ord. 5416 § 36, 2004; Ord. 5537 § 18, 2006; Ord. 5541 § 28, 2006; Ord. 5807 § 23, 2013; Ord. 6012, 10/10/2023)
A. Intent and Purpose. This section is intended to provide for
the creation of no more than two residential dwelling units (two new
units, or adding one new unit to one existing unit) and/or an urban
lot split, within a single-family residential zone in a manner that
is ministerial and nondiscretionary, consistent with state law. This
section shall apply to all parcels in single-family residential zones
(ROS, R1R, and R1).
B. Applicability. This section shall apply to all single-family
zones (ROS, R1R, and R1).
C. Definitions.
“Objective zoning standards,” “objective subdivision
standards,” and “objective design review standards”
mean standards that involve no personal or subjective judgment
by a public official and are uniformly verifiable by reference to
an external and uniform benchmark or criterion available and knowable
by both the development applicant or proponent and the public official
prior to submittal. These standards may be embodied in alternative
objective land use specifications adopted by the city, and may include,
but are not limited to, housing overlay zones, specific plans, inclusionary
zoning ordinances, density bonus ordinances, and this section.
“SB 9 housing development”
means the proposed addition or conversion of residential
units within a single-family residential zone (ROS, R1R and R1) that
meets all of the requirements contained in
Government Code Section
65852.21 and/or 66411.7 and the provisions of this section, and results
in no more than two residential units per parcel or lot, but in no
event shall mean the proposed addition or conversion of a residential
unit within a single-family residential zone resulting in only one
residential unit per parcel or lot.
“SB 9 project”
means either or both a SB 9 housing development and/or SB
9 lot split.
D. General Provisions for SB 9 Projects.
1. A
SB 9 housing development shall be permitted only in a single-family
residential zone (ROS, R1R, and R1).
2. A
SB 9 housing development is permitted to have a maximum of two units
on a parcel in a single-family residential zone (ROS, R1R, and R1).
A maximum of two units means if the SB 9 housing development proposes
no more than two new units, or if it proposes to add one new unit
to one existing unit. Adding one new unit means construction of a
new unit or conversion of an existing building into a unit.
3. A
SB 9 housing development and a SB 9 lot split may be applied for concurrently.
4. A SB 9 lot split shall conform to all objective requirements of the Subdivision Map Act; and an SB 9 lot split and SB 9 housing development shall conform to all objective zoning and subdivision standards contained in Titles
30 and
16, respectively, of the Glendale Municipal Code, except as otherwise set forth in this section.
5. Notwithstanding
the provisions of this section, the city may deny a SB 9 housing development
or SB 9 lot split (collectively, “SB 9 project”) if the
building official makes a written finding, based upon a preponderance
of the evidence, that the proposed SB 9 housing development or proposed
SB 9 lot split would have a specific, adverse impact, as defined and
determined in
Government Code Section 65589.5(d)(2), upon public health
and safety or the physical environment and for which there is no feasible
method to satisfactorily mitigate or avoid the specific, adverse impact,
per the process outlined below:
a. Once a SB 9 project application is deemed complete, the application
and any pertinent information shall be routed for review by the building
official to make a determination as to whether the proposed SB 9 housing
development or SB 9 lot split would have a specific, adverse impact
(a significant, quantifiable, direct, and unavoidable impact, based
on objective, identified written public health or safety standards,
policies, or conditions as they existed on the date the application
was deemed complete) upon public health and safety or the physical
environment and for which there is no feasible method to satisfactorily
mitigate or avoid the specific, adverse impact.
b. If the building official makes a determination that the SB 9 project
would have a specific, adverse impact (a significant, quantifiable,
direct, and unavoidable impact, based on objective, identified written
public health or safety standards, policies, or conditions as they
existed on the date the application was deemed complete) upon public
health and safety or the physical environment and for which there
is no feasible method to satisfactorily mitigate or avoid the specific,
adverse impact, he or she shall make one or more findings of such
impact or impacts, based on the preponderance of the evidence, and
shall recommend denial of such project.
c. Upon review of the building official’s findings and recommendation of denial, the director of community development shall issue a written decision to deny the SB 9 project. The director of community development shall publish the written decision with the building officials’ findings on the city’s website, which denial shall be appealable to the planning commission, then to the city council, pursuant to the procedures set forth in Glendale Municipal Code Chapter
30.62.
d. In addition to any existing objective public health or safety standards,
policies or conditions, the following objective standards and policies
shall apply in any review of a SB 9 project by the building official
under this section:
i. A SB 9 project that may cause a substantial adverse change in the
significance of an historical resource is a project that may have
a significant and unavoidable impact or effect on the environment.
ii. The fact that a resource is not listed in, or determined to be eligible for listing in, the California Register of Historical Resources, not included in a local register of historical resources, or not deemed significant pursuant to criteria set forth in
Public Resources Code Section 5024.1(g) shall not preclude the city from determining whether the resource may be an historical resource. The resource shall be reviewed, evaluated, and processed pursuant to the factors, criteria and requirements contained in the Glendale Municipal Code related to historic preservation, including, but not limited to, factors, criteria and requirements contained in Chapter
15.20. The city may require the applicant to commission or prepare additional reports, studies or analyses in order to determine whether the resource may be an historical resource.
iii.
The city’s building official, in consultation with the
director of community development and planning division, will evaluate
and make a determination, based on substantial evidence, whether the
building, structure or site being affected by the SB 9 project is
a historic resource, and whether a SB 9 project may cause a substantial
adverse change in the significance of a historic resource.
iv. As used in this section “a substantial adverse change”
means demolition, destruction, relocation or alteration of the resource
or its immediate surroundings resulting in the significance of the
resource being materially impaired. The significance of a resource
is “materially impaired” when the physical characteristics
that convey its historical significance and that justify its designation
as a historical resource are demolished or materially altered in an
adverse manner.
E. Standards Specific to SB 9 Housing Developments. The following
standards apply to SB 9 housing developments:
1. The
SB 9 housing development shall not be located within a historic district
or on property that is included on the State Historic Resources Inventory,
as defined in Section 5020.1 of the
Public Resources Code, or within
a site that is or contains buildings, sites, objects, structures,
neighborhoods, cultural landscapes, and archaeological sites, that
are designated or listed as a city or county landmark or historic
property or district pursuant to a city or county ordinance.
2. The
parcel on which the SB 9 housing development is proposed shall satisfy
the requirements set forth in
Government Code Section 65913.4(a)(6)(B—K).
3. The
SB 9 housing development shall not require demolition or alteration
of any of the following types of housing:
a. A dwelling unit that is subject to a recorded covenant, ordinance,
or law that restricts rents to levels affordable to persons and families
of moderate, low, or very low income;
b. A dwelling unit that is subject to any form of rent or price control
through a public entity’s valid exercise of its police power;
or
c. A dwelling unit that has been occupied by a tenant in the last three
years.
4. The parcel on which the SB 9 housing development is proposed shall not be a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title
1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
5. If
one or more of the units of a SB 9 housing development have been occupied
by a tenant in the last three years, no more than 25% of the existing
exterior walls shall be demolished.
6. Any
proposed SB 9 housing development with unit(s) that are or will be
connected to an on-site wastewater treatment system shall be required
to complete a percolation test within the last five years, or, if
the percolation test has been recertified, within the last 10 years
consistent with
Government Code Section 65852.21(c)(2).
7. New
construction or any addition to an existing building for one or more
units of a SB 9 housing development shall not be located between any
existing or proposed residential unit and the street front and street
side setback line.
8. In
cases where a parcel contains an existing accessory building which
is defined as “R” Occupancy per Chapter 3 of the California
Building Code, such as living quarters and/or guest house, cabana,
pool house, recreation room, workshop, studio, rumpus room and similar,
a SB 9 housing development may be built only if such building(s) is
either demolished or converted to a code-compliant residential unit.
9. In
cases where a parcel contains a SB 9 housing development, an accessory
building which is defined as “R’” Occupancy per
Chapter 3 of the
California Building Code, such as living quarters
and/or guest house, cabana, pool house, recreation room, workshop,
studio, rumpus room and similar shall not be permitted.
10. Rental of any unit or part of a unit resulting from any SB 9 project
shall be for a term longer than 30 days. Home-sharing pursuant to
Chapter 5.110 shall be prohibited in a SB 9 housing development.
11. The units of a SB 9 housing development located on one parcel and/or
lot shall not be sold separately from each other.
12. New construction (attached or detached) of, and/or conversion of
existing living area or existing accessory building to, units for
a SB 9 housing development shall have a minimum square footage of
an “efficiency unit”, as defined in California Health
and Safety Code Section 17958.1, and a maximum square footage of 800
square feet.
13. Notwithstanding the development standards for floor area ratio, height, lot coverage, and permanently landscaped open space set forth in Title
30 of the GMC, an applicant shall be entitled to develop a SB 9 housing development with units that are 800 square feet or less in size (for each new permitted unit), provided the unit provides four foot minimum interior setbacks (subject to the exception set forth in subsection (E)(14) below for an existing living area or accessory building or a building constructed in the same location and to the same dimensions as an existing building).
14. No additional setback shall be required for an existing living area
or accessory building or a building constructed in the same location
and to the same dimensions as an existing building that is converted
to a SB 9 unit, and a setback of no more than four feet from an interior
lot line shall be required for a SB 9 unit that is not converted from
an existing building constructed in the same locations and to the
same dimensions as an existing building.
F. Design Standards for SB 9 Housing Developments. The following
objective design standards apply to an SB 9 housing development:
1. SB 9 housing development proposing new construction of a residential
dwelling unit (“new SB 9 unit”) with an existing residential
dwelling unit retained.
a. Height and massing.
i. Height.
(A)
The new SB 9 unit with a pitched roof (minimum three feet in
12 feet) shall have a maximum height of 16 feet.
(B)
The new SB 9 unit with a flat roof shall have a maximum height
of 12 feet and shall include a parapet which shall not be more than
18 inches above the highest portion of the flat roof.
(C)
The new SB 9 unit with a combination of a pitched and flat roof
shall have maximum heights of 16 feet at the pitched roof and 12 feet
at the flat roof.
ii. Roof form. The roof form of the new SB 9 unit shall
match the roof form of the existing residential dwelling. For an existing
residential dwelling with multiple roof forms, the roof of the new
SB 9 unit shall match at least one of the roof forms of the existing
residential dwelling.
iii.
Breaks in building volume.
(A)
For an interior lot, the street-facing facade of the new SB
9 unit shall have a change in plane with a minimum depth of 18 inches.
(B)
For a corner lot, the new SB 9 unit facades facing the street
and street-side frontages shall have a change in plane with a minimum
depth of 18 inches at each façade.
b. Materials.
i. Exterior wall cladding.
(A)
Except as indicated in subsections (F)(1)(b)(i(F) and (F)(1)(b)(i)(G)
below, the new SB 9 unit shall have a minimum of two wall cladding
materials at all exterior wall surfaces.
(B)
All cladding materials shall wrap exterior corners and either
wrap the entire building or terminate at inside corners.
(C)
The following cladding materials may be used: wood or cementitious
siding (i.e. lap siding, tongue-and-groove/interlocking boards, board-and-batten,
shingle), stucco, brick, veneer brick, natural stone, and pre-cast
stone.
(D)
If siding is located solely at only the base of the building
(wainscoting), it must span from the lowest edge of the wall to the
height of the window sills.
(E)
Use of stucco shall be limited to a maximum of 60% of the total
exterior wall surface of any building.
(F)
If the roof of the existing residential dwelling is clad with
Spanish-tiles (one or two piece clay or concrete tiles with a curved
profile), 100% of exterior wall surfaces of the new SB 9 unit building
shall be clad with stucco.
(G)
If the existing residential dwelling is clad entirely with horizontal
and/or shingle siding, 100% of exterior wall surfaces of the new SB
9 unit building shall be clad with horizontal and/or shingle siding.
ii. Roof cladding.
(A)
Pitched roofs on the new SB 9 unit shall be clad with a material
that matches the roof of the existing residential dwelling in terms
of material, color, texture, dimensions, shape, and profiles.
(B)
Flat roofs may be clad with any material permitted by the building
code.
(C)
If the flat-roofed portion of an existing residential dwelling
has Spanish-tile (one or two piece clay or concrete tiles with a curved
profile) parapet caps, any flat-roofed portion of the new SB 9 unit
shall have parapet caps that match the existing parapet caps of the
existing residential dwelling unit in terms of material, color, texture,
dimensions, shape, and profiles.
(D)
If the flat-roofed portion of an existing residential dwelling
does not have Spanish-tile parapet caps, any flat-roofed portion of
the new SB 9 unit shall have parapets with an upper surface designed
to shed water or a sheet-metal parapet cap that is finished at its
outward-facing surface to match the color of the adjacent wall cladding.
2. SB 9 housing development proposing construction of new SB 9 units
on a vacant parcel or lot.
a. Height and massing.
i. Height.
(A)
SB 9 unit(s) with a pitched roof (minimum three feet in 12 feet)
shall have a maximum height of 16 feet.
(B)
SB 9 unit(s) with a flat roof shall have a maximum height of
12 feet and shall include a parapet which shall not be more than 18
inches.
(C)
SB 9 unit(s) with a combination of pitched and flat roof shall
have maximum heights of 16 feet at the pitched roof and 12 feet at
the flat roof.
ii. Roof form. The following roof forms may be employed:
front gable, side gable, cross gable, hip, cross hip, gable-on-hip,
hip-on-gable, shed, gambrel, flat. The new SB 9 unit(s) may have more
than one roof form.
iii.
Breaks in building volume.
(A)
For an interior lot, the street-facing façade of the
new SB 9 unit(s) shall have a change in plane with a minimum depth
of 18 inches.
(B)
For a corner lot, the new SB 9 unit(s) façades facing
the street and street-side frontages must have a change in plane with
a minimum depth of 18 inches at each façade.
b. Materials.
i. Exterior wall cladding.
(A)
Except as indicated in subsection (F)(2)(b)(i)(F) below, any
SB 9 unit(s) shall have a minimum of two wall cladding materials at
all exterior wall surfaces.
(B)
All cladding materials shall wrap exterior corners and either
wrap the entire building or terminate at inside corners.
(C)
The following cladding materials may be used: wood or cementitious
siding (i.e. lap siding, tongue-and-groove/interlocking boards, board-and-batten,
shingle), stucco, brick, veneer brick, natural stone, and pre-cast
stone.
(D)
If siding is located solely at only the base of the building
(wainscoting), it must span from the lowest edge of the wall to the
height of the window sills.
(E)
Use of stucco shall be limited to a maximum of 60% of the total
exterior wall surface of any building.
(F)
If the roof is clad with Spanish-tiles (one or two piece clay
or cement tiles with a curved profile), 100% of exterior wall surfaces
of the new SB 9 building shall be clad with stucco.
ii. Roof cladding.
(A)
Pitched roofs on new buildings may be clad with asphalt composite
shingles, faux wood shingles, curved clay or lightweight concrete
tile (Spanish-tile), flat clay or lightweight concrete tile, slate,
synthetic slate, metal shingles, or standing-seam metal. Per subsection
(F)(2)(b)(i)(F) above, Spanish-tile may only be used for buildings
with exterior walls clad only with stucco.
(B)
Flat roofs may be clad with any material permitted by the building
code.
(C)
Buildings incorporating both pitched- and flat-roofed areas
and using Spanish-tile roof cladding, shall have parapets around the
flat roof capped with the same roofing material.
(D)
Buildings incorporating both pitched- and flat-roofed areas,
other than those described in subsection (F)(2)(b)(ii)(C) above, shall
have parapets around the flat roof with an upper surface designed
to shed water or with a sheet-metal parapet cap that is finished at
its outward-facing surface to match the color of the adjacent wall
cladding.
3. Details and design standards applicable to All SB 9 housing developments.
a. Windows.
i. Windows shall be recessed a minimum of one inch from the face of
the window frame to the face of the exterior wall material finish.
ii. Windows shall have a sill projecting a minimum of one inch from the
exterior wall material finish.
iii.
Window at the street front and street-side facing façade
shall make up a minimum of 20% of the wall area.
b. Entryways and doors.
i. The main entry to a SB 9 unit adjacent to a street shall be located
on the building façade oriented toward the adjacent street.
ii. The main entry to a SB 9 unit not adjacent to a street may be located
on any building façade.
iii.
Double doors are not permitted.
c. Covered porches, patios and decks.
i. Attached covered porches or patios may not cumulatively exceed 10%
of the square footage of the unit or 80 square feet, whichever is
less.
ii. No rooftop decks are permitted.
G. Standards Specific to SB 9 Lot Splits. The following standards
and criteria apply to SB 9 lot splits:
1. A
SB 9 lot split may subdivide an existing parcel to create no more
than two new parcels of approximately equal lot area, provided that
one parcel shall not be smaller than 40% of the lot area of the original
parcel proposed for subdivision.
2. A
SB 9 lot split shall not create a parcel smaller than 1,200 square
feet.
3. Neither
of the parcels resulting from a SB 9 lot split shall be located within
a historic district or included, or contain buildings, sites, objects,
structures, neighborhoods, cultural landscapes, and archaeological
sites that are included, on the State Historic Resources Inventory,
as defined in Section 5020.1 of the
Public Resources Code, or within
a site, or contain buildings, sites, objects, structures, neighborhoods,
cultural landscapes, and archaeological sites, that are designated
or listed as a city or county landmark or historic property or district
pursuant to a city or county ordinance.
4. The
parcels resulting from a SB 9 lot split shall satisfy the requirements
set forth in
Government Code Section 65913.4(a)(6)(B—K).
5. The
proposed SB 9 lot split shall not require demolition or alteration
of any of the following types of housing:
a. A dwelling unit that is subject to a recorded covenant, ordinance,
or law that restricts rents to levels affordable to persons and families
of moderate, low, or very low income;
b. A dwelling unit that is subject to any form of rent or price control
through a public entity’s valid exercise of its police power;
c. A dwelling unit located on a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title
1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application; or
d. A dwelling unit that has been occupied by a tenant in the last three
years.
6. The
subject parcel proposed to be subdivided shall not have been created
through a prior SB 9 lot split application.
7. Neither
the owner of the subject parcel proposed to be subdivided, nor any
person acting in concert with the owner, shall have previously subdivided
an adjacent parcel through approval of a SB 9 lot split. For purposes
of this section, “acting in concert with the owner” means
participating jointly, either through actions or agreement, toward
a common goal.
8. A
SB 9 lot split shall result in a maximum total of four units on the
lot as it existed prior to the SB 9 lot split, inclusive of any existing,
converted or new accessory dwelling unit, as defined in Government
Code Section 65852.2, or junior accessory dwelling unit, as defined
in
Government Code Section 65852.22. In no event shall a SB 9 lot
split that results in a maximum of four units on the lot as it existed
prior to the SB 9 lot split be allowed to add any new unit(s), inclusive
of any existing, converted or new units, as defined in this section.
9. Any
SB 9 housing development proposed on a lot resulting from a SB 9 lot
split shall comply with all applicable requirements set forth in this
section and the Glendale Municipal Code applicable to a SB 9 housing
development. Any non-SB 9 housing development proposed on a lot resulting
from a SB 9 lot split shall comply with all applicable requirements
set forth in the Glendale Municipal Code applicable to development
of one residential dwelling unit. An accessory dwelling unit, as defined
in
Government Code Section 65852.2, or a junior accessory dwelling
unit, as defined in
Government Code Section 65852.22, remaining on
a lot by itself (i.e., without the primary dwelling unit) as a result
of a SB 9 lot split, shall count as a “unit” for purposes
of this section.
10. A SB 9 lot split shall not be subject to any dedication of right-of-way
or the construction of off-site improvements for the parcels being
created as a condition of issuing a SB 9 lot split.
11. A SB 9 lot split may be subject to any of the following conditions:
a. Easements required for the provision of public services and facilities.
b. A requirement that the parcels have access to, provide access to,
or adjoin the public right-of-way.
c. Off-street parking of up to one space per unit, except as provided in subsection
G.
12. The following objective subdivision standards apply to a SB 9 lot
split:
a. Lot lines. The lot lines of any SB 9 lot split shall
be at right angles to the street which the lot faces, or radial if
the street is curved.
b. Lot frontage. Lots resulting from a SB 9 lot split shall
front on a dedicated improved public street or private street. For
the purposes of this section, “improved” means any public
street that has curb and gutter and asphalt pavement.
c. Minimum lot width. The lot frontage of lots resulting
from a SB 9 lot split shall have a minimum width of 12 feet.
d. Double frontage lots. Lots resulting from a SB 9 lot
split shall not have double frontage, except on corner lots.
H. Parking Standards for SB 9 Projects.
1. A
maximum of one off-street parking space shall be provided per dwelling
unit except:
a. If the parcel is located within one-half mile walking distance of
either a high-quality transit corridor, as defined in subdivision
(b) of Section 21155 of the
Public Resources Code, or a major transit
stop, as defined in Section 21064.3 of the
Public Resources Code;
or
b. If the parcel is located within one block of a car share vehicle.
2. Unless
otherwise exempt by this section, off-street parking for a SB 9 housing
development shall comply with the following standards:
a. Any uncovered parking space shall have a minimum width of eight feet
and a length of 18 feet.
b. Parking may be located in any configuration on the same lot as the
SB 9 housing development, including covered spaces, uncovered spaces,
or tandem spaces.
c. An uncovered parking space may be located within setback areas on
an existing driveway and shall not encroach on the public right-of-way.
d. A covered or enclosed parking space shall comply with zoning standards.
3. To prevent additional curb-cuts for access to required parking, a SB 9 housing development shall share the driveway with the existing residential dwelling unit, where one exists. The driveway to the existing residential dwelling unit may be modified to accommodate on-site parking and shall comply with Section
30.32.130. A separate driveway for the SB 9 housing development shall not be provided, except where the lot is adjacent to an alley, in which case a driveway to the alley may be added to serve the SB 9 unit.
4. A SB 9 housing development proposed on a vacant lot shall accommodate required onsite parking provided by a singular shared driveway subject to Glendale Municipal Code Section
30.32.130.
5. On
shared driveways that provide access for multiple lots, such as flag
lots, parking shall not be permitted on portions of the driveway that
are used to provide access to more than one lot.
6. Shared
driveways required for SB 9 projects shall execute a reciprocal access
agreement.
I. Covenant and Agreement.
1. The
property owner applying for a SB 9 housing development shall execute
and record a covenant and agreement that shall contain the following:
a. The residential dwelling units that constitute the SB 9 housing development
shall not be sold separately from each other.
b. All required on-site parking for the lot identified in the SB 9 housing
development permit shall remain available for the residential dwelling
unit(s) and shall not be rented separately to non-residents.
c. The property owner shall comply with one of the following requirements:
(i) the property owner must be an owner-occupant and reside in at
least one of the residential dwelling units that constitute the SB
9 housing development; or (ii) if the property owner does not reside
in at least one of the residential dwelling units that constitute
the SB 9 housing development, then the property owner shall only rent
or lease the property as a single rental property and shall not rent
or lease the residential dwelling units separately from each other.
d. Short-term rentals 30 days or less are prohibited for either of the
residential dwelling units that constitute the SB 9 housing development.
Home-sharing pursuant to Chapter 5.110 shall be prohibited.
e. The SB 9 housing development permit and covenant shall run with the
land and is binding and enforceable on future property owners.
f. The residential units that constitute the SB 9 housing development
shall be removed at the expense of the property owner if either of
the units are terminated or upon violation of this Section or upon
cessation of the primary land use as multi-family residential dwellings.
2. The
property owner of a parcel applying for a SB 9 lot split shall execute
and record a covenant and agreement that shall contain the following:
a. All required onsite parking for the lot identified in the SB 9 lot
split approval shall remain available for the existing or proposed
residential dwelling unit(s) and shall not be rented separately to
non-residents.
b. Short-term rentals 30 days or less are prohibited for any of the
residential dwelling units resulting from the SB 9 lot split. Home-sharing
pursuant to Chapter 5.110 shall be prohibited.
c. If the SB 9 lot split results in the maximum total of four units
on the lot as it existed prior to the SB 9 lot split, inclusive of
any existing, converted or new accessory dwelling unit, as defined
in
Government Code Section 65852.2, or junior accessory dwelling unit,
as defined in
Government Code Section 65852.22, in no event shall
any new unit(s), inclusive of any existing, converted or new unit(s)
(as defined herein) be added.
d. The SB 9 lot split approval and covenant shall run with the land
and is binding and enforceable on future property owners.
e. The residential units resulting from the SB 9 lot split shall be
removed at the expense of the property owner if either of the units
are terminated or upon violation of this section or upon cessation
of the primary land use as multi-family residential dwellings.
f. A written statement signed under penalty of perjury (affidavit) attesting
that the property owner intends to occupy at least one of the residential
dwelling units resulting from the SB 9 lot split as his/her/its principal
residence for a minimum of three years from the date of the approval
of the SB 9 lot split application. This requirement shall not apply
to an owner or applicant that is a “community land trust,”
as defined in Section 402.1(a)(11)(C)(ii) of the Revenue and Taxation
Code, or is a “qualified nonprofit corporation” as described
in Section 214.15 if the
Revenue and Taxation Code. This statement
shall not be a covenant that runs with the land and shall only be
binding and enforceable upon the current property owner.
3. The
property owner for a SB 9 housing development and/or a SB 9 lot split
shall prepare, execute and record, at its cost, a covenant, which,
at minimum, creates mutual easements and reciprocal use agreements
for cross-access, cross-drainage and shared public utility services
or fire suppressions systems in a manner which affords adequate access,
drainage and public services to/from a dedicated public street for
the benefit of any lot.
(Ord. 5997 § 6, 2022)
In addition to the standards required in Chapter
30.32 (Parking and Loading), the following regulations shall apply in the DSP, IND, IMU, IMU-R and SFMU zones, and in the TOD II zone for hospital uses.
A. Site Organization.
1.
Where appropriate, parking structures shall incorporate ground
floor retail adjacent to the public sidewalk.
2.
A minimum five-foot landscaped setback shall be provided on
all sides of the parking structure except where ground floor retail
space is provided.
B. Access and Circulation.
1.
Vehicle stacking areas for entering and exiting traffic shall
be sufficiently long to minimize the back up of traffic onto surrounding
streets or within the structure. A minimum of two vehicle lengths
of stacking distance shall be provided between the street and the
control gate.
2.
One inbound lane shall be provided for a structure with a capacity
of up to 500 vehicles. At least two inbound lanes shall be provided
for structures with a capacity of 500 or more vehicles.
3.
Exit lanes shall be provided at a ratio of one lane for each
200 250 vehicles. The maximum aisle length shall not exceed 400 feet
without providing a cross aisle.
4.
Ramp grades shall not exceed 10 percent and parking areas shall
not exceed a slope of four to five percent.
C. Lighting and Security.
1.
A minimum of five footcandles shall be provided inside the structure
and a minimum of three footcandles for exterior parking areas. Higher
levels are recommended for remote areas subject to security problems
(e.g., stairways, elevators, and other pedestrian access points).
Minimum illumination, levels measured at the level of the floor, shall
be as provided in Table 30.34-A:
Table 30.34-A
Minimum Illumination Levels
|
---|
Facility
|
Illumination Level
|
---|
Stairways and exits
|
5 footcandles
|
Interior driving aisles, centerline
|
5
|
Interior parking areas at barrier railings
|
0.5
|
Roof parking areas
|
0.5
|
2.
Lighting levels shall be equally distributed to provide uniform
illumination over all parking areas.
3.
Light sources shall be shielded so that the source of the illumination
is not seen from outside the structure.
4.
The architectural design of the structure should eliminate possible
hiding places and openings that could allow random pedestrian access.
5.
During periods when parking activity is substantially less than
the structure capacity, as during night operations, there shall be
a means of securing unused parking levels from use, including stairwells
and elevators. If the structure is not operated on a 24-hour basis
the entire facility shall be secured from access during hours when
the facility is closed.
6.
For security reasons, at least one or two sides of the stair
tower should include glass running vertically the height of the tower.
Elevators should be provided with glass-back cabs and shafts.
7.
Stairs and elevators should be located adjacent to a street
on the exterior of the structure where lobbies can be exposed to outside
view.
D. Building Design.
1.
Parking structures shall be designed to help reduce the mass
and scale of the structure and to ensure their compatibility with
surrounding uses. The following design guidelines shall be implemented
to the greatest extent feasible whenever they apply.
2.
Conceal view of vehicles in the structure through a combination
of screen walls and plantings.
3.
Design the structure's exterior elevations to avoid a monolithic
appearance. This can be accomplished as follows:
a.
Minimize horizontal and vertical banding by balancing both horizontal
and vertical elements.
b.
Use simple, clean geometric forms, and coordinated massing.
Step back upper levels of the structure.
c.
Coordinate openings in the parking structure with the size and
modulation of adjacent windows, structural bays, and storefronts if
the parking structure contains other uses.
d.
Size openings in the parking structure to resemble large windows
as in an office building.
e.
Use masonry materials that are predominantly light in color,
but avoid unpainted concrete.
f.
Avoid a sloping ramp appearance by providing level and uniform
spandrels.
g.
Visually define and differentiate between pedestrian and vehicular
entrances through appropriate architectural detailing.
(Ord. 5399 Attach. A, 2004; Ord. 5416 § 38, 2004; Ord. 5541 § 29, 2006; Ord. 6012, 10/10/2023)
Notwithstanding other provisions of this chapter, all tire stores
shall conform to the requirements specified in this section. No building,
structure or land shall be used and no building or structure shall
be erected, enlarged or established for any tire store unless the
following limitations are complied with:
A. Activities
must be conducted within a building. There shall be no hoists or wheel
alignment racks outside. All goods and equipment shall be stored,
and activities maintained or carried on inside a building unless the
opening to the service area is inadequate for vehicular entry; in
that case the sale and installation of tires, brakes, shock absorbers
or batteries maybe carried on outside the building.
B. Tires
taken in trade that have no more than a salvage value, or tires taken
in trade which require retreading to be saleable to the general public
must be stored in a solid wall enclosure a minimum of five and one-half
(5½) feet high. No tires or other material shall be stacked
higher than the enclosure. Such enclosure shall be located in the
rear portion of the property.
C. No
recapping, retreading or tire rebuilding shall be permitted.
D. Not
more than one merchandise display shall be permitted outside the building,
which display shall not exceed 44 inches in height above the sidewalk
surface or ground level on which it is located and shall
not be more than 40 inches in width nor more than a total of 10 linear
feet in length.
E. No
servicing of trucks in excess of one and one-half-ton capacity or
industrial equipment of any type or character shall be permitted.
F. No
driveway access may be located nearer than five feet to the beginning
of a curve of a street corner or nearer than five feet from an interior
property line.
G. No
miscellaneous items, products, equipment, vehicles or signs shall
be permitted on any corner formed by intersecting streets within that
triangular area between the property line adjacent to the public right-of-way
and a diagonal line joining points on said property lines 25 feet
from their point of intersection or, in the case of rounded corners,
the areas between the tangent to the curve and a diagonal line adjoining
points on such tangents 25 feet from the point of intersection. Area
lighters shall be permitted within the area designated in this subsection,
provided the top of such fixture shall not exceed a height of 15 feet
above the sidewalk surface or ground level on which it is located.
Such area lighters used to illuminate the lot shall be so arranged
as to substantially deflect light away from and avoid undue annoyance
to any residential properties and shall not constitute a hazard to
vehicle operators on the public street or those entering and leaving
the premises. Landscape lighting fixtures shall be permitted within
the area designated in this subsection, provided such fixtures are
installed in close proximity to the ground, but in no event to exceed
three feet in height, and of such intensity as not to constitute hazard
to vehicle operators on the public street or those entering and leaving
the premises.
H. Minimum five-foot-wide planters shall be provided along the interior property lines where adjacent to residentially zoned areas that shall be landscaped and irrigated as provided in this Chapter. Trees shall be planted along any interior property line abutting a residential zone boundary to provide an effective screen. An average of one tree shall be planted for each 20 feet of such interior property line, exclusive of trees required pursuant to the provisions of Section
30.32.120. Such trees shall be provided with sufficient tree well area for the tree type and surrounding area and shall be of a minimum size of 24 inches boxed.
I. Final
plans shall be approved by the director of community development as
to conformity with the aforesaid requirements precedent to the issuance
of a building permit.
(Ord. 5416 § 3, 2004; Ord. 5537 § 20, 2006; Ord. 5747 § 54, 2011)
Impounded or stored vehicles (whether operative, inoperative,
or wrecked), or parts thereof, may only be stored for a maximum period
of 190 days on the site, except for specific cases where: the city,
its police department, or another law enforcement agency orders or
requests the impounding or storage of a vehicle or parts for a longer
period, and an owner or operator of a towing service and impound yard
submits a copy of the order or the request to the director of community
development or a designee; or a court with jurisdiction orders the
impounding or storage of a vehicle or parts for a longer time period;
or an owner or operator of a towing service and impound yard submits
a document or other evidence, satisfactory to the director of community
development or a designee, showing that a lawsuit (that opposes or
contests the towing service and impound yard’s right to lien
sell a vehicle or parts) was filed in court, the lawsuit is pending,
and the court has ordered the towing service and impound yard to store
the vehicle or parts until the lawsuit’s conclusion. In the
above cases, the 190 day time limit shall be extended according to
the time period requested or ordered, or until conclusion of the lawsuit.
(Ord. 5645 § 29, 2009; Ord. 5747 § 55, 2011)
Notwithstanding other provisions of this chapter, all vehicle
repair garages and body shops and painting booths shall conform to
the requirements specified in this section. No building, structure
or land shall be used and no building or structure shall be erected,
enlarged or established for any vehicle repair garage unless the following
limitations are complied with:
A. Activities
must be conducted within a building. All goods and equipment shall
be stored, and activities maintained or carried on inside a building.
There shall be no hoists or wheel alignment racks outside of a building.
B. No
work station used for the repair of vehicles, for body work, or for
vehicle painting may be credited toward meeting the parking requirement.
C. In
the C3, IMU and IMU-R zones, no servicing of trucks in excess of one
and one-half (1½) ton capacity or industrial equipment of any
type or character shall be permitted.
D. In addition to the other requirements of this zone, planters, a minimum of five feet in width shall be provided along the property lines where adjacent to residentially zoned areas. Trees shall be planted along any interior property line abutting a residential zone boundary to provide an effective screen. An average of one tree shall be planted for each 20 feet of such interior property line, exclusive of trees required pursuant to the provisions of Section
30.32.120. Such trees shall be provided with sufficient tree well area for the tree type and surrounding area and shall be of a minimum size of 24 inches boxed.
(Ord. 5416 § 4, 2004; Ord. 5537 § 21, 2006)
Notwithstanding other provisions of this chapter, all businesses
engaged in the sale, leasing or rental of vehicles shall conform to
the requirements of the provisions specified in this section. No building,
structure or land shall be used, and no building or structure shall
be erected, structurally altered, enlarged or established for any
vehicle sales, leasing or rental lot unless the following limitations
are complied with:
A. The
minimum lot area shall be 13,000 square feet.
B. In
the C3, CH, CA, IMU and IMU-R zones, gross weight of vehicles for
sale, lease or rent shall not exceed 15,000 pounds.
C. Where an outdoor vehicle storage or sales display area adjoins a street right-of-way, there shall be a minimum 30-inch wide, fully landscaped parking setback area along the entire street frontage(s) except at driveways in accordance with the requirements for landscaping of parking areas contained in Chapter
30.32 of this title.
D. Where
outdoor vehicle storage or sales display areas abut a residential
zone or an alley, there shall be a minimum five and one-half (5½)
foot high decorative masonry wall separating such vehicle storage
or display areas from the residentially zoned property or alley. Where
a wall abuts an alley, no gate or other opening shall exceed 20 feet
in width. No barbed wire, razor wire or other hazardous materials
shall be placed on top of the wall.
E. No part of the outdoor storage area used for the parking of vehicles for sale shall be credited toward the parking requirements set forth in Chapter
30.32 of this title.
(Ord. 5416 § 5, 2004; Ord. 5765 § 25, 2012; Ord. 5803 § 100, 2013)