Chapter 17.24 DISTRICT REGULATIONS

Transmitting and receiving antennas for citizen's band and amateur radio;

Transmitting and receiving antennas for radio-telephone and short-distance dispatch equipment.

Rooftop Antennas Subject to Conditional Use Permit. In the commercial and industrial zones, all rooftop antennas other than those specifically permitted in subsection (C)(2)(a) of this section which are to be placed on top of buildings may be installed subject to the approval of a conditional use permit.

Freestanding Flagpoles. Freestanding flagpoles may project not more than thirty feet above finished grade.

Freestanding Antennas.

Permitted Freestanding Antennas. Freestanding antennas, including tower-supported antennas, may extend to a maximum height of one hundred feet provided they are not in the required front yard or street side yard of a corner lot.

Conditionally Permitted Freestanding Antennas. Freestanding antennas which exceed the maximum height may be to the approval of a conditional use permit.

Height Extension. Extension beyond maximum allowable heights may be approved by the planning director, subject to review of the development plan and the following conditions:

Residential.

Residential structures may exceed their maximum heights only if every yard is increased by one foot in depth for every two feet in height.

In no case shall a single-family dwelling exceed thirty-five feet in height.

In no case shall any residential structure exceed sixty feet in height.

Commercial. Commercial structures may exceed their maximum heights only if every yard is increased by one foot in depth for every one foot in height.

Industrial. Industrial structures may exceed their maximum heights only if every yard is increased by one foot in height.

Accessory Buildings.

Accessory structures may exceed their maximum heights only if all their setbacks and separations are increased by one foot in depth for every two feet in height.

In no case shall any accessory structure exceed twenty-five feet in height, provided that no such structure shall exceed the height of the tallest main building on the same lot.

Properties located within the special treatment area I (STA I) are subject to the requirements of the city of Lemon Grove downtown specific plan.

(Ord. 349 § 2, 2005; Ord. 394 § 4, 2010)

§ 17.24.050 Landscaping and screening.

Purpose. These landscaping and screening regulations are intended to protect individual properties from undesirable impacts generated by surrounding land uses and general urban activity, and to improve the appearance of neighborhoods in the city by providing adequate landscaping and screening.

Landscaping.

In any property development, an area shall be devoted to landscaping which amounts to a minimum of fifteen percent of total lot area in residential developments, and ten percent of the total lot area in nonresidential developments.

All landscaping required by this section shall be installed and maintained in accordance with a landscaping plan as approved by the planning community development director. This plan shall indicate the precise location, size and species of all landscaping materials. The use of drought resistant planting materials is required.

All planting areas shall be served by a permanent, water conserving irrigation system with an automatic rain sensor.

Ground cover may consist of low-growing plant materials, bark mulch or crushed rock.

Shrubbery which is intended to provide a dense screen to meet specific requirements of this section and plants installed as groundcover shall be of such size and growth characteristics as to be capable of reaching their specified height or extent of horizontal coverage within one year of planting.

Except in RL and RL/M districts, all planting areas shall be bounded by a curb having a minimum height of six inches.

Landscaping areas shall be kept free from weeds and debris. Whenever necessary, plantings shall be replaced with other plant materials to ensure continued compliance with applicable landscaping requirements.

For all off-street parking areas of five or more spaces, an area equivalent to a minimum of ten percent of the area provided for parking shall be landscaped. Such landscaping shall be considered as a portion of the landscaping required for the entire lot. As part of this landscaping, one tree for every six parking spaces, or fraction thereof, shall be provided and located so as to visually disrupt long rows of parked automobiles. These trees shall be at least fifteen gallons in size, may be clustered and shall be provided with a means of irrigation and properly maintained.

Screening and Fencing.

Purpose of Fence Regulations. To maintain adequate visibility on private property and in public rights-of-way, to provide vehicular sight distance for safety purposes and to maintain the openness of front and side yards, to protect the light and air to abutting properties, to provide adequate screening and to encourage creative and attractive designs by regulating the height, location and design of fences and walls.

General Provisions, Fence Material, Construction and Maintenance Requirements.

All fences and walls shall be constructed of durable, low-maintenance materials including, but not limited to, decorative masonry block, stone, wood, rigid vinyl fence material, chainlink, metal and wrought iron. Walls constructed of concrete block shall be painted or covered with neutral-colored stucco that is consistent with the colors of the structures on the subject property.

Open fence material is any fence material with a given dimension either vertical or horizontal elements with a minimum of ninety percent of open area between either vertical or horizontal support or structural elements.

All fences and walls shall be constructed in a professional manner and in accordance with the city of Lemon Grove Wood and Masonry Fence detail.

The property owner is responsible for the removal of graffiti on fences and walls within forty-eight hours of discovery. Said graffiti shall be removed or painted over with a color that closely matches the surface color.

All fences, walls and other screening devices shall be maintained in good condition at all times.

Where fences, walls or other screening devices are erected within any required front or street side yard, the area between such structures and the property line shall be landscaped with low growing, drought-tolerant plant materials.

Walls and fences more than six feet in height shall be subject to the approval of the community development director. The approval of said fences and walls by the community development director shall be based on unique conditions or unusual circumstances relating to the topography, lot design subject property, location of easements, driveway location, vehicular sight distance or public right-of-way circumstances to achieve parity with other properties in the same vicinity and zone and shall be subject to the variance findings of fact set forth in Section 17.28.060 of the Municipal Code.

Prescribed fences, walls, or dense landscaping need not be provided along a lot line if a fence, wall, or dense landscaping of at least equivalent height, density, and maintenance exists immediately abutting and on the opposite side of such lot line.

A landscaped earthen berm may count toward required heights of landscaping and screening.

10.

Rooftop mechanical equipment, including, but not limited to, heating, air conditioning and ventilating equipment on all commercial and industrial buildings and all multifamily dwellings shall be screened so that it may not be seen from the level of adjacent streets and sidewalks.

11.

Properties located within the special treatment area I (STA I) are subject to the requirements of the city of Lemon Grove downtown specific plan.

12.

A minimum clearance of three feet shall be provided between fences, walls or other screening devices and fire hydrants or other fire protection water supplies sources. (California Fire Code Section 508.5.5)

Allowable fence and wall materials include, but are not limited to:

Solid natural wood or durable simulated wood products having the appearance of natural wood;

T-111 or similar exterior siding material when painted, stained and protected from weathering;

Decorative masonry or concrete block (CMU) painted or coated with neutral-colored stucco surface on both sides and consistent with the color of the structures on the subject property;

Stone, natural or artificial;

Neutral colored rigid vinyl fence material;

Open chainlink or chainlink with wood, neutral colored metal or flexible neutral colored vinyl slats. Fences constructed of said materials shall be located only on the interior side, street side lot lines behind the front yard setback and the rear lot line or on the secondary frontage (nonentrance frontage) of a through-lot;

Other similar durable, low maintenance materials approved by the community development director.

Prohibited fence and wall materials include, but are not limited to:

Plywood, oriented strand board (OSB) or similar material;

Bamboo mat or similar material;

Corrugated sheet metal or fiberglass;

Plastic or fabric tarp material;

Patio shade cloth or similar flexible fabric or material;

Barbed wire and/or razor ribbon, except as allowed by this section;

Other materials as determined by the community development director.

Fences in Commercial and Industrial Zones.

The use of barbed wire or razor ribbon is permitted on properties in commercial or industrial zones upon approval of the community development director and where there is a demonstrated need for this type of fence material. The use of barbed wire and/or razor ribbon on fences located in the front yard or side street set back or in front of the principal building on the lot, whichever is greater, is prohibited.

Fences in commercial and industrial zones may be up to a maximum of seven feet including the height of barbed wire and/or razor ribbon, unless there is a demonstrated need for a greater height and subject to approval by the community development director.

No fence wall or other screening device in commercial and industrial zones and within any required front or street side yard shall exceed three and one-half feet in height except as follows:

Such devices in the HC and LI zoning districts may extend up to six feet in height, except for that area in the sight zone as defined in Section 17.08.030.

In the GC zoning district, fences, walls or other screening devices within a required street side yard may be built to the following heights:

At two feet behind property line: four feet in height.

At four feet behind the property line: four and one-half feet in height.

At six feet behind the property line: five feet in height.

§ 17.24.060 Accessory buildings and uses.

At eight feet behind property line: five and one-half feet in height.

Fence Heights and Locations in Commercial and Industrial Zones

General Provisions for Fences in Residential and the Residential Professional Zones.

In any residential zone, for corner lots located on Four-Lane Major, and Class I, II and III Collector arterial streets, fences, walls, or other screening devices erected along the side lot line of a corner lot may be built to a height of six feet, and such devices may be built to a height of forty-two inches within the required front yard setback according to the following conditions and exceptions:

The side lot line abuts the right-of-way of a street designated as arterial" or "major" Four-Lane Major, and Class I, II and III Collector streets on the circulation element of the city's general plan; and

Such fences, walls, or other screening devices may be limited to a lesser height if deemed necessary by the city engineer in order to provide adequate vehicular sight distance at the intersection of the arterial street and any other street;

The community development director has determined that the erection of such fence, walls, or other screening devices will not adversely affect the use or enjoyment of adjacent residential properties; and

If deemed necessary by the city engineer, no fence, wall, or other screening device, may be installed until the owner of the affected property has submitted a study, conducted by a qualified traffic engineer, which determines that such screening device will not cause a dangerous obstruction of vehicular sight distance or create a hazardous condition at the intersection of the streets that abut the subject property; and

Paving, signage, or other devices, which the city engineer has determined are necessary to mitigate public or private impacts associated with the installation of such fences, walls, or other screening devices, have been installed to the satisfaction of the city engineer.

In any residential zone, for corner lots located on streets other than arterial streets, fences, walls, or other screening devices erected along the side street lot line of a corner lot may be built to a height of six feet provided:

Fences, walls or other screening devices located on the side street property line of a corner lot may be located on the side street property line.

Fences, walls or other screening devices with a maximum height of six feet located on the side street property line of a corner lot may be constructed of a solid or opaque material from the corner of the building closest to the side street property line to the rear lot line in order to provide rear yard privacy.

A screening device consisting of dense landscaping a minimum of three and one-half feet in width or a solid fence or wall, or a minimum height of six feet shall be provided:

Along the interior lot lines of any non-residential use, including off-street parking areas of five or more spaces, which abuts any residential property;

To screen any open area used for the loading or storage of goods, materials or wastes.

Where an off-street parking area of five or more spaces, or an off-street loading area, adjoins a street or a required front or corner yard, then a solid wall or fence, or compact evergreen hedge shall be provided along either the street lot line or the street side of the parking or loading area, standing no less than three and one-half feet in height.

All openings for access ways in required screenings shall be provided with gates or other devices constructed of view-obscuring materials, except for off-street parking or loading areas.

Residential Fences/Walls on Corners Lots on Circulation and Non-Circulation Streets

Fences in the (RL, RL/M, RM and RM/H) Residential Zones and the Residential Professional (RP) Zone.

Fences and walls that comply with the following requirements and do not exceed six feet in height may be constructed without a building permit when located on private property in all residential zones and in the residential professional (RP) zone when the subject property is developed with a residential land use. The development services director may require the issuance of a building permit for entryway elements exceeding six feet in height when constructed of masonry, wood, metal, other heavy material or when required by the building code.

Fences located in the required front yard and side street setback may be a maximum of six feet in height provided:

Solid wood, masonry or other forms of solid fences, walls or screening devices located in the required front yard, and side street setback shall not exceed forty-two inches in height unless approved by the variance procedures of Section 17.28.060 of the Municipal Code except as follows:

Chain link fences, solid wood fences, solid masonry walls or hedges located in the front yard setback; interior side yard and the portion of the side street setback located in front of the principal structure(s) on the subject property shall not exceed forty-two inches.

No portion of a solid fence or wall located in the front yard or side street setback in front of the structure may exceed forty-two inches in height except for posts, pilasters, or columns. The portion of a fence or wall in excess of forty-two inches in height shall consist of open fence material as defined by subsection (E)(2) such as open metal trellis, wrought iron or other open durable and rigid material or a durable, rigid transparent material that provides adequate visibility of the front of the property from the public right-of-way. Fences with vertically curved metal, wrought iron or similar design elements located between posts, pilasters or columns may exceed the six-foot maximum height by six inches at the highest point of the curved element. The use of wood or plastic lattice or other similar materials that do not provide adequate visibility of the front portion of the property or that require other than minimal maintenance is prohibited.

Fences and walls with posts, columns or pilaster features may be constructed provided these features are located a minimum of eight feet on center, unless a lesser distance is necessary to accommodate a wall with a horizontal curve, topography or other design constraint. Masonry pilasters, columns or similar features shall not exceed sixteen inches in width.

Landscaping that forms a solid barrier or hedge located adjacent to fences and walls in the front yard and side street setbacks are permitted provided the landscaping does not exceed forty-two inches in height.

Fences exceeding six feet in height, measured from finished grade within the property, unless allowed pursuant to subsection (E)(7) in residential zones are prohibited. This provision does not prevent the placement of a fence or wall on top of a retaining wall that retains earth or soil to the full height of the retaining wall.

The use of barbed wire and/or razor ribbon is prohibited in all residential zones. Barbed wire or razor ribbon may be permitted on the rear lot lines of properties in residential zones where the rear lot line of a property located in a residential zone abuts a commercial or industrial zone upon approval of the community development director and where there is a demonstrated need for this type of fence material.

Residential Fences and Walls

Fences located on Through-lots in Residential Zones as defined by Section 17.08.030 of the Municipal Code.

Fences located on through-lots in all residential zones may be a maximum of six feet in height and constructed of solid wood, masonry or other opaque material on the secondary frontage (non-entrance frontage) property line of the through lot.

Fences on Through-Lots

Prohibited Fences and Walls. The following fences, walls, hedges or screening devices are prohibited:

Fences or walls that create or cause a hazard;

Fences that obstruct or limit emergency access to properties;

Chain link fences in excess of forty-two inches in height in the front yard and side street setback in front of the residence on the property;

Fences, walls or dense vegetation located adjacent to driveways or on corner lots that obstruct vehicular sight distance as determined by the city engineer are prohibited;

Fences within easements or other property right reservation areas.

Refuse Enclosure Requirements.

All refuse containers shall be screened by an enclosure consisting of masonry and opaque, durable gates, which shall be a minimum height of six feet. Upon the determination of the community development director, an opaque covering may be required on top of the enclosure. Refuse enclosures shall be subject to the following:

Masonry refuse enclosures are required on all residential, multiple residential developments consisting of five or more dwelling units and all commercial and industrial developments in excess of five thousand square feet of commercial or industrial floor area. Refuse enclosures are also required for commercial or industrial land uses of five thousand square feet of floor area or wherever commercial refuse container(s) (dumpsters) are used.

Wherever possible all refuse enclosures shall be located so as to provide convenient access and to minimize backing maneuvers of refuse removal vehicles in the public right-of-way.

Wherever possible a minimum two-foot wide landscape planter shall be located adjacent to refuse enclosures, planted with shrubs and groundcover and equipped with a permanent automatic water conserving irrigation system to provide screening of the enclosure(s).

All new refuse enclosures constructed after the adoption of this requirement shall include a ten-foot by thirty-foot reinforced Portland cement concrete (PCC) pad located in front of said trash enclosure(s) sufficient to support the imposed load of refuse removal equipment. The location of said PCC apron shall be to the satisfaction of the community development director.

Whenever practical refuse enclosures shall be located a minimum of twenty feet from any public right-of-way.

All refuse enclosures shall be maintained in good condition at all times.

Refuse enclosures shall comply with the EDCO Disposal Company refuse enclosure design standards. All refuse enclosures shall be of adequate capacity to accommodate the number of refuse receptacles required by the specific land use on the subject property and shall accommodate all required recycling containers. Refuse enclosures shall be painted or covered with neutral-colored stucco that is consistent with the color of the structures on the subject property.

The installation of refuse enclosure(s) shall be required when the development of the subject property requires the installation of public street improvements as required by Section 12.10.060 of the Municipal Code.

Refuse enclosures shall not be constructed within five feet of combustible construction. (California Fire Code Section 304.3.3)

Refuse Enclosure Design with Concrete Apron and Landscaping

(Ord. 349 § 2, 2005; Ord. 378 § 3, 2008; Ord. 394 § 4, 2010; Ord. 434 § 4, 2015; Ord. 436 § 1, 2016)

Purpose. These regulations ensure that required yard setback areas and access ways remain open and unobstructed while accommodating accessory buildings and facilities. This section also lists accessory uses which are permitted in combination with principal uses.

Accessory Buildings and Facilities. All accessory buildings, structures, and facilities shall be designed in conformance with all applicable uniform codes and applicable regulatory requirements, including, but not limited to, Building and Fire Codes and shall obtain building permits, if required, prior to construction.

Attached Accessory Buildings. In cases where an accessory building is attached to the main building, it shall be made structurally a part thereof and shall comply in all respects with the requirements of this title applicable to main buildings.

Communications Facilities. The physical components that compose new wireless communications systems. Any type of building-mounted or freestanding communications structures may be allowed, subject to the following:

Structures shall be processed according to Section 17.24.080(F)(3), (Communications facilities).

Structures shall be located and constructed according to Sections 17.24.040(C) and (D), (Building heights).

Detached Accessory Buildings. All buildings shall be compatible in siding and roof materials, roof overhang, and window treatments, with on-site structures; shall conform to Section 17.24.080, Performance standards; and shall not create any hazardous conditions as determined by the public works director and the building official.

In Commercial or Industrial Zones.

No building shall be located in a required front yard setback, no closer than ten feet to other buildings or closer than five feet to the rear or side property lines.

The building shall not exceed two hundred square feet in area or fifteen feet in height, notwithstanding the provisions of Section 17.24.040, (Building heights).

In Residential Zones.

No building shall be located in a required front yard setback, no closer than ten feet to other buildings and no closer than five feet to the rear or side property lines.

An accessory building not used for residential habitation but accessory to a residential use (shed, garage, workshop, etc). It shall not occupy more than thirty percent of the required rear yard setback.

Accessory buildings shall be residential in visual character.

Kiosks, Stands, and Carts. City pre-approved models of these facilities are allowed on private property in commercial or industrial zones and on public property in any zone, subject to the following standards:

The facility shall only be used to operate accessory uses consistent with subsection (D)(6).

The facility shall be located in a stationary location and shall not expand without amendment to the original approval.

The location does not eliminate more than five percent of any required landscaped area or parking spaces.

The location of the facility shall not obstruct pedestrian or vehicular circulation.

Accessory Uses in All Zones.

Communications. Uses that provide exchanges of information through wireless communications facilities components consistent with Section 17.24.080.

Construction Staging and Laydown—Off-Site. Construction materials and equipment may be located on sites separate from, but in close proximity to, the approved construction site. The area shall include:

Screening fencing, storage areas, security measures.

Traffic plan.

Lighting for security purposes that is consistent with Section 17.24.080.

Water quality best management practices.

Operations shall limit noise, dust, and nuisance to surrounding neighborhoods consistent with construction standards (Title 15).

Parking. Off-street parking that serves residents, employees, or patrons of a principal use, whether located on the same lot or on a different lot, is allowed in all zones, except:

Oversize vehicles and/or trailers, having a combined gross vehicle weight rating equal to or greater than twelve thousand five hundred pounds, may only park in residential zones for incidental short-term loading or unloading. This prohibition shall not apply to recreational vehicles, city-owned vehicles, school buses parked on public school properties, or vehicles parked on properties with facilities approved by conditional use permits (Section 17.28.050) or planned development permits (Section 17.28.030).

Community gardens consistent with provisions in Section 17.24.080, Performance and restricted use standards.

Accessory Uses in Residential Zones. Accessory uses shall be located on the same lot as the principal use, and shall not generate additional parking, landscape, or street improvement requirements, unless otherwise specified in this title. Permitted residential accessory uses include:

Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU).

Purpose. The purpose of this chapter is to establish standards for the development of accessory dwelling units and junior accessory dwelling units consistent with Government Code Sections 65852.2 and 65852.22, as amended. Accessory dwelling units and junior accessory dwelling units are allowed in conjunction with single-family and multi-family dwellings in order to provide flexible and affordable housing options within the city.

Number Permitted. Notwithstanding subsections (i) through (iii) below, the number of dwelling units permitted on a lot shall not exceed the number allowed by California Government Code Sections 65852.21 and 66411.7.

The following shall be permitted as accessory uses on lots with one existing or proposed single-family dwelling:

One accessory dwelling unit, and

One junior accessory dwelling unit.

The following shall be permitted as an accessory use on lots with more than one existing or proposed single-family dwelling:

One internal or detached accessory dwelling unit per lot.

The following shall be permitted as accessory uses to existing or proposed multiple-family dwellings:

Up to two detached accessory dwelling units, and

The conversion of portions of multiple-family structures that are not used as living space to create at least one internal accessory dwelling unit, or up to twenty-five percent of the number of existing dwelling units as internal accessory dwelling units.

Occupancy. When a junior accessory dwelling unit is located on a residential property, either the junior accessory dwelling unit or the primary dwelling shall be occupied by the owner of the primary dwelling. A deed restriction shall be recorded against the title of the property that stipulates this owner occupancy requirement and that the junior accessory dwelling unit cannot be sold separately from the primary dwelling.

Minimum Allowance. Development standards included in this chapter or elsewhere in Title 17 shall not prohibit an accessory dwelling unit that is up to sixteen feet high, with a floor area up to eight hundred square feet and four-foot side and rear yards.

Development Standards. The following development standards shall apply to accessory dwelling units and junior accessory dwelling units. Where development standards are not specified in this chapter, accessory dwelling units and junior accessory dwelling units shall meet all development standards for the zone within which they are located, provided the development standards do not prohibit the minimum allowance as described in subsection (d) above.

Density. Accessory dwelling units and junior accessory dwelling units shall not be counted for the purposed of determining residential density as defined in this title.

Lot Size. There is no minimum lot size required for accessory dwelling units or junior accessory dwelling units.

Existing Structures.

When an existing accessory building is converted to an accessory dwelling unit, the existing square footage may be expanded by up to one hundred fifty square feet to allow for ingress and egress.

Junior accessory dwelling units shall not include expansions of existing structures.

Junior Accessory Dwelling Unit Size.

The minimum floor area of a junior accessory dwelling unit shall be one hundred fifty square feet.

The maximum floor area of a junior accessory dwelling unit shall be five hundred square feet.

Accessory Dwelling Unit Size.

The minimum floor area of an accessory dwelling unit shall be one hundred fifty square feet.

The maximum floor area of an accessory dwelling unit shall be up to one hundred percent of the size of the primary dwelling or one thousand two hundred square feet, whichever is less. If the floor area of the primary dwelling is less than eight hundred square feet, an ADU with a maximum size of eight hundred square feet shall be permitted.

The conversion of an existing accessory building to an accessory dwelling unit is not subject to a maximum size limit, provided there is no expansion of the existing structure beyond one hundred fifty square feet for ingress and egress.

vi.

Height.

The maximum height for detached accessory dwelling units shall be sixteen feet.

The maximum height for internal and attached accessory dwelling units and junior accessory dwelling units shall be the same as the primary dwelling in the underlying zone.

The conversion of an existing accessory building to an accessory dwelling unit is not subject to this height limit, provided there is no expansion of the existing structure beyond one hundred fifty square feet.

vii.

Setbacks for Attached or Detached Accessory Dwelling Units. Setbacks for attached or detached accessory dwelling units shall be as follows:

Front Setback. The front setback shall be consistent with the requirements of the underlying zone.

Street Side Setback. The street side setback shall be consistent with the requirements of the underlying zone. Four feet or consistent with the requirements of the underlying zone, whichever is less.

Side Setback. Side setbacks shall be four feet or consistent with the requirements of the underlying zone, whichever is less.

(D)

Rear Setback. Rear setbacks shall be four feet or consistent with the requirements of the underlying zone, whichever is less.

viii.

Setbacks for Internal and Junior Accessory Dwelling Units. Setbacks for internal accessory dwelling units and junior accessory dwelling units shall be consistent with the requirements for the primary dwelling in the underlying zone.

ix.

Setbacks for Conversions. The conversion of an existing accessory building to an accessory dwelling unit is not subject to setback requirements, provided there is no expansion of the existing structure beyond one hundred fifty square feet.

Parking for Junior Accessory Dwelling Units. No additional off-street parking spaces shall be required for junior accessory dwelling units, except that existing off-street parking within an attached garage that is removed as part of a conversion to a junior accessory dwelling unit shall be replace elsewhere on the property. Required off-street parking spaces may be provided as tandem spaces or within setback areas, provided the spaces do not create a health or safety hazard.

Parking for Accessory Dwelling Units. Off-street parking shall be provided for accessory dwelling units as follows:

One off-street parking space shall be required per accessory dwelling unit, except:

No off-street parking spaces are required for accessory dwelling units located within one-half mile walking distance of public transit, defined for the purposes of this section as 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.

No off-street parking spaces are required for accessory dwelling units located within an architecturally and historically significant historic district.

No off-street parking spaces are required for accessory dwelling units that are part of the proposed or existing primary dwelling or an accessory structure.

(D)

No off-street parking spaces are required for accessory dwelling units when on-street parking permits are required, but not offered to the occupant of the accessory dwelling unit.

(E)

No off-street parking spaces are required for accessory dwelling units when there is a car share vehicle located within one block of the accessory dwelling unit.

(F)

Existing off-street parking within a garage, carport, or covered parking structure that is removed or converted as part of construction of an accessory dwelling unit is not required to be replaced.

Required off-street parking spaces may be provided as tandem spaces or within setback areas, provided the spaces do not create a health or safety hazard.

Fire Sprinklers. Fire sprinklers shall not be required for accessory dwelling units or junior accessory dwelling units unless they are required for the primary dwelling.

Design. A junior or accessory dwelling unit, whether attached or detached, shall utilize the same or complementary architectural style, exterior materials, and colors as the existing or proposed primary dwelling, and the quality of the materials shall be the same or exceed that of the primary dwelling.

Assembly Space. Assembly space that is supportive of and incidental to a principal use and utilized by employees or clients of the principal use.

Day Care. A facility licensed and equipped as required by law, which provides nonmedical care or supervision for periods of less than twenty-four hours, is allowed as follows:

Small family day care is permitted in single-family dwellings in all residential zones according to the following standards:

Day care is provided in a single-family dwelling for one to eight people, depending on ages, including children under the age of ten residing in the home.

The day care provider shall reside in the home.

Large family day care is permitted in single-family dwellings in the RL, RL/M and RM zones according to the following standards:

Day care is provided in a single-family dwelling for up to fourteen people, depending on ages, including children under the age of ten residing in the home.

The day care provider shall reside in the home.

Obtain a minor use permit according to Section 17.28.050.

Play areas shall be situated in such a manner as to minimize the impact of noise on surrounding properties. The development services director may require the installation of six-foot high masonry walls, landscaping, and/or other noise attenuating devices.

Adequate street capacity and an area sufficient for dropping off and picking up persons shall be provided to the satisfaction of the development services director and the public works director in a manner consistent with traffic safety requirements.

vi.

A facility shall not be established within one thousand feet of another such facility. The distance between any two large family day cares shall be measured in a straight line, without regard to intervening properties or structures, from the closest exterior wall of each dwelling.

vii.

Additional conditions shall be limited to reasonable traffic, parking, and noise control and compliance with the development standards of the zoning district.

Garage, Yard or Estate Sales. The activity shall not be an ongoing commercial activity and shall be subject to the following standards:

The event shall not exceed three consecutive days.

The number of events per property or unit shall not exceed four in a twelve-month period.

Sale items shall not be stored outdoors during any period in which items are not being actively sold.

Home Occupations. See Chapter 18.20 for applicable requirements.

Real estate sales/leasing offices may be located on the site of subdivisions of five or more lots.

Residential Complex Support. Manager's office, maintenance equipment yard, recreation facilities, laundry, vending machines, storage, or similar facilities.

Home-sharing in accordance with Chapter 18.48 (Home-Sharing). Home-sharing is allowed on a lot with one single-family dwelling; one duplex; or a multifamily development. See Chapter 18.48 for applicable requirements.

Accessory Uses in Commercial or Industrial Zones. The following accessory uses are allowed in commercial or industrial zones. Businesses operated by a different entity than the one licensed to operate the principal use, shall obtain a separate business license.

Administrative Offices. An administrative office in conjunction with a principal use, if such office does not occupy more than twenty-five percent of the total floor area, unless approved by a discretionary permit.

Employee Convenience Sales and Services. These uses are intended primarily for the convenience of on-site employees.

Cafeteria, Food Service, or Consumer Goods. This use is allowed within existing buildings, not exceeding twenty-five percent of the total floor area, or in a separate building according to subsection (B)(3), subject to obtaining a zoning clearance according to Section 17.28.070 and a building permit, as applicable, for any tenant improvements. Alcoholic beverage sales are not permitted.

Recreational Facilities. This use is allowed within existing buildings or outdoors on the same lot, not exceeding twenty-five percent of the total lot area or twenty-five percent of the floor area, subject to obtaining a zoning clearance according to Section 17.28.070 and a building permit, as applicable, for any tenant improvements.

Kiosk Concession Sales. Retail sales of consumer goods, food, or beverages are allowed when operated from kiosk, cart, or stand models pre-approved by the city, subject to the following:

Obtain a zoning clearance for each specific site, for an on-going or seasonal period, according to Section 17.28.070.

Retail sales shall be consistent with regulations of the underlying zone.

iii

The number and location of concession sites and types of materials sold is at the sole discretion of the city.

The operator shall sign a lease agreement with the city; maintain a minimum one million dollars aggregate general liability insurance policy that names the city as additional insured; and post a security deposit, the value to be determined by the city, to cover costs for removal and disposal of the kiosk, cart, or stand and repairs of public property.

Sales of alcoholic beverages and consumer goods subject to Chapter 18.28, Adult Entertainment are prohibited.

Outdoor Dining on Private Property. Outdoor dining facilities are allowed on private property, in conjunction with and contiguous to a permitted restaurant or eating and drinking establishment, subject to the following:

The facility may be delineated by a permanent feature. Permanent features may be a special surface treatment or vertical barriers with a maximum height of three feet, such as railings, fences, or other material approved by the community development director. Wind screens, if provided, shall consist of rigid transparent material, such as Plexiglas, that does not exceed sixty inches in height. The use of solid walls and planter boxes, and temporary devices such as draperies or plant materials is prohibited.

The facility shall conform to all applicable requirements of the State Disabled Access Regulations (California Code of Regulations Title 24).

The facility does not displace or obstruct existing required parking spaces, service areas, service access, existing landscaping or egress/ingress to buildings.

All applicable building permits are obtained.

Heating appliances shall be approved by the fire department.

Sound amplification shall comply with the requirements of this code.

Sale and consumption of alcoholic beverages shall conform to this Code and the California Alcoholic Beverage Control Act, as amended.

The facility shall be maintained at all times (removal of litter, trash, graffiti, damaged materials, furnishings, or equipment, etc.).

Facilities exceeding one thousand square feet in area shall obtain a minor use permit according to Section 17.28.052.

Outdoor Dining on Public Property. Outdoor dining facilities are allowed within the public right-of-way, in conjunction with and contiguous to a permitted street-level restaurant or eating and drinking establishment, according to subsection (B)(4), requirements and the following:

Obtain an encroachment maintenance and removal agreement from the city engineer and a zoning clearance from the community development department.

A minimum five-foot wide by eight-foot high clear path, free of all obstructions to the flow of pedestrian traffic, shall be provided within the public right-of-way and shall be maintained at all times. Obstructions shall include, but are not limited to, traffic signals or signs, light fixtures, parking meters, bus stops, trash receptacles, benches, trees, and similar objects.

The facility shall be delineated by a permanent feature. Permanent features may be a special surface treatment or vertical barriers with a maximum height of three feet, such as railings, fences, or other material approved by the community development director. Wind screens, if provided, shall consist of rigid transparent material, such as Plexiglas, that does not exceed sixty inches in height. The use of solid walls and planter boxes, and temporary devices such as draperies or plant materials is prohibited.

The facility shall be designed so that gates or other objects shall not swing or project beyond the delineated perimeter or within any required clear path.

A change in the pattern and texture may be required to alert pedestrians of a change in sidewalk use.

Trash or storage areas shall not be located on or adjacent to the public right-of-way next to the outdoor eating area.

If the facility exceeds six hundred square feet in area, installation of street improvements consisting of curb, gutter, sidewalk, street trees, and street lighting shall be required.

Outdoor Sales or Displays. Operators of established principal uses may extend merchandise sales and display areas into outdoor on-site areas. The merchandise shall not displace or obstruct existing required parking spaces, service areas, service access, existing landscaping, or accessibility to/from and around buildings. Operators shall obtain a zoning clearance according to Section 17.28.070.

Outdoor Storage Areas and Equipment Yards. On-site outdoor storage of equipment (supplies, vehicles including fleet vehicles, equipment, products, etc.) in conjunction with a principal use is allowed, subject to the following:

Obtain a zoning clearance according to Section 17.28.070.

The area shall be visually screened from public rights-of-way with a minimum six-foot high screening fence, located so as not to create any hazardous vehicular maneuvering conditions.

Vehicle circulation shall not require back-up maneuvers into public right-of-way.

Landscaping shall be provided between the public right-of-way and the screening fence.

The surface material shall be appropriate for the equipment or materials being stored and complies with the stormwater regulations.

Business operations shall not be conducted in the area.

The area may not be counted towards parking requirements.

One sea container may be utilized provided the container conforms to the setbacks established for the zone; is painted to match existing structures; and is not visible from the public right-of-way.

Facilities for trash and recyclable materials shall be provided to the satisfaction of the community development director.

Residential. The following accessory residential uses may be located in commercial or industrial zones:

Caretaker Dwellings. A dwelling may be located on the same lot with a nonresidential principal use, if the residents are required to remain on the premises for protection, maintenance, or comparable technical purpose.

Rental Dwellings. At a density not exceeding twenty-nine dwelling units per acre, rental dwellings may be located on floors above street level commercial establishments in the central commercial (CC) and general commercial (GC) zones, subject to the following:

Approval of a minor use permit (Section 17.28.052).

On-site parking shall comply in all respects with current standards for all uses.

§ 17.24.080 Performance and restricted use standards.

Separate sale or ownership of the dwellings may be accomplished only as permitted by the State Subdivision Map Act and city subdivision regulations.

Retail Manufacturing. Production and sale of goods that complement the on-site principal use, subject to the following standards:

The manufacturing area shall be in support of a primary retail use.

All processes shall meet performance standards according to Section 17.24.080.

10.

Temporary Uses. See Section 17.28.040.

Special Treatment Area I (STA I). Properties located within STA I are subject to the requirements of the Downtown Village Specific Plan.

(Ord. 394 § 4, 2010; Ord. 422, 2014; Ord. 434 § 4, 2015; Ord. 438 § 1, 2016; Ord. 452 § 2, 2019; Ord. 461 § 1, 2022)

§ 17.24.070 Usable open space.

Purpose. These regulations are intended to set forth standards for the development of usable open space necessary to fulfill needs for outdoor leisure and recreation, to preserve valuable natural resources, and to improve the amenity of residential living.

General Provisions.

Usable open space includes land which is accessible and available to all residents for whose use the space is intended. No more than fifty percent of required open space shall exceed a slope of five percent, and none shall exceed ten percent slope.

Usable open space does not include proposed street rights-of-way or school sites, public and private surface easements, accessory buildings, open parking areas, driveways and access ways for the dwellings, land area utilized for garbage and refuse disposal or other servicing maintenance or required front and street side yards.

Common Usable Open Space.

Common usable open space is that open space either:

Controlled and maintained by the owner of the property, or by an incorporated nonprofit home-owner's association, and devoted exclusively to the recreation, scenic, and leisure use of all the occupants of the property; or

Dedicated in fee to, and maintained by, a public agency or recreation district, and devoted to the recreation, scenic, and leisure use of the general public.

Any area to be credited toward common usable open space, except for landscaped areas, shall be of such size and shape that a rectangle inscribed within it shall have no dimension less than fifteen feet, and, insofar as is possible, shall be contiguous with other common usable open space on or adjacent to the site.

All required common usable open space shall be permanently maintained and fully usable. There shall be no obstructions over ground level space except for devices which do not detract from its usability. Common usable open space shall not be fenced or otherwise screened so as to restrict the continuity of, or visual access to, the open space.

Well designed decks on roof spaces, garages, carports, or accessory buildings may be credited to the total required common usable open space requirements. To be well designed, a deck must be functional and aesthetic in the judgment of the planning director, and must be structurally safe and adequately surfaced and protected, and usable for the purpose for which it is designed.

The planning director shall, as a condition of planned development permit approval, require the applicant to employ any appropriate methods to ensure the permanent status and maintenance of common usable open space.

Common usable open space shall account for at least fifty percent of the total required open space in a multifamily development.

Private Usable Open Space.

Private usable open space is that open space devoted exclusively to the recreation and leisure use of one dwelling unit and which abuts one unit of the development.

Any area credited toward private usable open space shall not be less than fifty square feet in area, and shall be of such size and shape that a rectangle inscribed within it shall have no dimension less than five feet.

Not more than sixty percent of any area devoted to private usable open space may be covered by a private balcony projecting from a higher story. A screening device not greater than six feet in height and constructed of dense landscaping, or of a fence, wall, grill, or other screening device, may be required to abut private usable open space if, in the judgment of the planning director, the needs for establishing a pleasant outdoor leisure and recreation environment would thereby be met.

A minimum of fifty percent of all units in a multifamily development shall be provided with private usable open space.

Private usable open space shall not account for more than fifty percent of the total required open space in a multifamily development.

Properties located within the special treatment area I (STA I) are subject to the requirements of the downtown specific plan.

(Ord. 349 § 2, 2005)

Purpose. These regulations establish performance standards designed to appropriately locate operations which may have a significant impact on the community; to protect properties and persons from nuisances and hazards; to restrict dangerous or objectionable effects of any activity; and to prevent incompatible uses from having undesirable impacts on nearby residential neighborhoods. The regulations also establish standards for restricted uses that are permitted by right provided the use includes specific physical improvements and specified operational standards.

Effect of Other Regulations. Any use or process subject to these regulations shall comply with all other authorized governmental standards or regulations which are in effect in Lemon Grove. More restrictive performance standards or regulations enacted by an authorized governmental agency having jurisdiction in Lemon Grove on such matters shall take precedence over the provisions of these regulations.

Exceptions. Exceptions to these regulations may be made during temporary periods for reasonable cause, such as equipment shakedown, breakdown, modification or cleaning, when it is evident that such cause was not reasonably preventable. These regulations shall not apply to the operation of motor vehicles or other transportation equipment unless otherwise specified.

Point of Measurement. For purposes of determining the existence of dangerous or objectionable effects of any activity, the location shall be, unless otherwise specified, at the lot, parcel, or ownership line of the use.

Performance Standards.

Noise. All noises shall be limited so that they do not exceed the ambient noise level by more than five dBA or exceed seventy dBA during daytime operations. All noises shall comply with the Noise Abatement and Control Ordinance, LGMC Chapter 9.24.

Glare. Bright or flashing lights or reflections shall not be visible off the premises and shall be shielded and positioned to contain light to the site. All lighted signs shall be subject to citywide sign regulations, LGMC Chapter 18.12.

Traffic Circulation. New development must demonstrate that it will not substantially increase traffic.

Vibrations. No detectable vibrations shall be permitted off the development site.

Fire, Explosion, and Hazardous Materials. Burning waste materials in open fires is prohibited. Operations that involve storage, use, or transport of flammable or explosive materials or gases, or other hazardous materials shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate fire fighting and spill containment equipment and supplies standard in industry, as approved by the Fire Department. Such operations must be conducted in a manner which meets with the approval of the Fire Chief and complies with LGMC Chapter 18.44 (Water Efficient Landscape Ordinance) and the regulations of any other government agency with jurisdiction.

Airborne Emissions. No use shall exceed the maximum permissible emissions standards established by the San Diego County Air Pollution Control District.

Liquid and Solid Wastes. No discharge shall be permitted of any materials of such nature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements into any public sewer, private sewage disposal system, stream, or ground.

Electrical Disturbance. No activities shall be permitted that emit electrical disturbance affecting the operation at any point of any equipment other than that of the creator of such disturbance, according to the standards of the Federal Communications Commission, as amended.

Radioactivity. No activities shall be permitted which utilize fissionable or radioactive material if their use results at any time in the release or emission of any fissionable or radioactive material into the atmosphere, the ground, or sewage systems, according to the standards of the Federal Nuclear Regulatory Commission, as amended.

Restricted Use Standards. The restricted uses are uses that may be permitted subject to the identified process and subject to the supplemental regulations in this section.

Animal Sales and Services. Uses that provide veterinary treatment, grooming and care of household pets and small farm animals as defined in LGMC Chapter 18.16, pet sales, and supplies. The following standards shall apply:

Outdoor storage and sales are prohibited.

Proper sanitation shall be maintained at all times.

All animal or poultry food shall be stored in metal or other rodent-proof containers.

All live animals (if allowed) shall be properly caged or housed. Properly caged includes adequate space, ventilation, temperature, and access to food and water. Mechanical ventilation may be required in locations with high commercial intensities or residential densities.

Business operations shall conform to LGMC Section 17.24.080, Performance standards.

A trash and recycled materials enclosure shall be designed and constructed to serve the site to the satisfaction of the development services director.

Where a combination of animal sales and services types are located on one site, the most restrictive process and regulations shall apply.

Senior Housing. Housing as defined in 42 United States Code, Section 3607(c) of the Fair Housing Act Amendments of 1988 and 24 Code of Federal Regulations, paragraph 100.304; or as defined in Section 51.3 of California Civil Code, as amended. The following standards shall apply:

Developments may be allowed by planned development permit (PDP) in all residential zones and residential professional, central commercial and general commercial zones.

Developments shall conform to applicable requirements of the Fair Housing Act and the State of California Unruh Civil Rights Act.

Developments shall be located within one thousand feet of shopping facilities or mass transit stops unless it can be shown that there are adequate methods of transportation available to the development.

Developments shall provide on-site recreational or therapeutic facilities.

Common open space requirements may be reduced by up to eighty percent provided private useable open space conforms to Section 17.24.070.

A parking study specific to the proposed complex shall be submitted with the PDP application packet. The parking study shall include a plan showing potential future conversion to a non-senior housing project and conformance to applicable parking standards.

Communications Facilities. Uses consisting of a variety of physical components that compose new wireless communications. The following standards shall apply:

Concealed facilities are those facilities that are completely concealed from public view.

All co-located facilities shall comply with previously established conditions within the resolution of approval(s) for the original facility.

All conduits and cables shall be placed underground.

The facility shall substantially conform to landscape, parking, and performance provisions in the Lemon Grove Municipal Code.

The project shall conform to the applicable requirements of the current CBC, UMC, UPC; NEC and Title 24 Energy and Disabled Access Regulations and Fire Codes.

The project shall comply with FCC requirements including Section 332(c)(7) and shall be processed in compliance to Government Code Section 65850.6.

Screening devices shall be required to adequately screen and secure equipment where equipment cannot be housed inside an existing building. Any screening device shall be made architecturally compatible with existing structures on-site.

One generator per site may be permitted by building permit subject to conformance to subsection E, standards listed above and the following standards:

The proposed installation shall conform to Lemon Grove Municipal Code noise restrictions and air pollution control district (APCD) requirements. Evidence shall be submitted as a part of the building permit application to show conformance to these requirements.

Prior to obtaining a building permit, the applicant shall submit a hazardous materials questionnaire to the county of San Diego and provide a copy of the signed questionnaire to the city.

Provide complete documentation showing the fuel tank size and secondary containment if required on the building plans.

§ 17.24.081 Special considerations for relocated businesses.

The generator shall comply with the current UL compliance standards.

Installation of communications facilities shall not result in the elimination of required parking spaces.

Communications facilities that terminate operations shall be removed by the operator within ninety calendar days of termination.

Vehicle Services. Uses related to vehicle service, maintenance, and repair to ensure continued operations of a motorized vehicle. The following standards shall apply:

All vehicle repair activities shall be conducted within an enclosed building.

All repair activities shall conform to subsection E, Performance standards.

Outdoor storage shall conform to LGMC Section 17.24.060, Accessory buildings and uses and shall only include storage of vehicles to be actively repaired. Outdoor storage of dismantled vehicles or vehicle components is not permitted.

The site shall be capable of handling all vehicular circulation on-site. Loading or unloading of vehicles or equipment or any vehicle maneuvering in the public right-of-way is not permitted.

A trash and recycled materials enclosure shall be designed and constructed to serve the site to the satisfaction of the development services director.

Vehicle painting (if use is allowed) shall be conducted in approved spray booths.

The property owner shall remove any underground tanks if the use is discontinued.

Where a combination of vehicle sales and service types is located on one site, the most restrictive process and regulations shall apply.

Community Gardens. Uses that are collectively maintained gardens with rental plots of various sizes available to the public (members) for the cultivation of edible plants. The following standards shall apply:

Community gardens on developed sites must clearly be accessory and complementary to the principal use of the site.

Community gardens may be approved on vacant sites as accessory use provided the property is adjacent or contiguous to a property whose owner(s) manage or are active users of the community garden. The property owner of the vacant site shall provide authorization on a zoning clearance submittal.

On-site produce sales on residential properties are subject to garage, yard or estate sale provisions in Section 17.24.060(D)(4). On-site produce sales on commercial and industrial zoned properties are subject to Section 17.24.060, Accessory buildings and uses.

Community gardens on single-family residential lots (RLM and RL zones) shall not exceed five separate plots maximum.

Accessory structures supporting the community garden are subject to Section 17.24.060, Accessory buildings and uses.

Community garden hours of operation shall be limited to the hours between sunrise and sunset.

Community gardens shall not displace required vehicle parking spaces for the primary use, but may replace required landscape area.

Loading areas shall be identified on-site for community garden users in all zones. Parking for users must be identified on-site for properties in commercial and industrial zones (GC, HC, LI zones). Properties located in residential zones (RLM, RL, RM, RMH zones) may use available on-street parking for users.

Composting may occur on-site provided composting activities and facilities are located no closer than five feet to a property line.

Community gardens shall not generate odors or pests beyond what is normally found at a well-maintained residence.

Trash/recycling receptacles shall be provided and screened from view as seen from public rights-of-way.

Refuse shall be removed regularly from the site and the site shall be kept free from litter.

Planting illegal or invasive plants is prohibited.

The community garden shall be secured with appropriate physical barriers or other devices consistent with Section 17.24.050.

On-going management must be formally established in an operation manual and the operation manual shall be a part of a zoning clearance application submitted to the city.

Management is required to keep the community garden orderly, in good repair and well-maintained.

All applicable codes and ordinances for the physical development of a community garden facility shall apply (grading, water quality and drainage, accessory structures, water conservation ordinance, etc.).

Enforcement. An objective determination will be made in a reasonable amount of time where a use subject to this section is believed to be in violation of such regulations.

Required Data. Following the initiation of an investigation, the community development director may request such data and evidences as are needed to make an objective determination.

Compliance. Violations of these standards shall be investigated and processed consistent with Section 17.28.020(N).

Appeals. Decisions may be appealed according to Section 17.28.020(I).

(Ord. 394 § 4, 2010; Ord. 422, 2014; Ord. 434 § 4, 2015)

Purpose. These regulations are intended to provide a means whereby special land use approvals, including waivers and/or deferrals of normally applied standards, may be granted to businesses and other activities which have been compelled to move from one location to another, because the city has acquired property for a public purpose through condemnation, or the threat of condemnation. In addition, these regulations are intended to:

Treat established businesses and activities in a fair and equitable manner;

Ensure the continued provision of commercial and public services currently available to the citizens of the community;

Help maintain the diversity and viability of the city's commercial base;

Preserve and protect existing employment opportunities.

Response to Emergency or Urgency Situation.

Even if a relocated business or activity fails to conform to one or more of the land use regulations governing development of its new site, the community development director may issue a temporary relocation permit when the city manager or executive director of the redevelopment agency formally declares that, as a result of the acquisition of land by the city or redevelopment agency through condemnation or threat of condemnation, the immediate relocation of a business, or activity is necessary for one or more of the following reasons:

To prevent substantial damage to the affected business or activity;

To honor a contractual obligation;

To avoid a serious public liability;

To preserve and protect the health, safety and welfare of the neighborhood or community.

The permit shall specify the requirements or conditions which the development services director determines to be necessary for such temporary relocation and may waive standard land use or development regulations which would render such temporary relocation impractical or impossible.

The permit shall be valid for the shortest period of time determined, by the development services director, to be necessary to prevent the immediate potentially adverse consequences identified by the officer who formally declared the need for the temporary relocation of the business or activity.

At the earliest possible opportunity following the issuance of a temporary relocation permit, and no later than ninety days following such action, the city council, at a regular or special meeting, will review the temporary relocation approval. The city council may affirm the approval of the temporary relocation permit and specify its date of expiration, it may revoke the temporary relocation permit, it may require the owner or operator of the use or activity to apply for ministerial or discretionary approvals required by the city's zoning ordinance, or it may waive or defer specific development standards and requirements as set forth in subSection C of this section.

Waivers and Deferrals of Requirements for Relocated Business Activities. When a business or activity has been relocated to another site as the result of its acquisition by the city through condemnation by condemnation or threat of condemnation, the city council may permanently waive or defer for a specific period of time, normal development standards and requirements for discretionary approvals where their strict application would be inconsistent with the purposes of this section as set forth in subsection A of this section and where such waiver or deferral would not adversely affect the public health, safety or welfare.

(Ord. 434 § 4, 2015)

§ 17.24.090 Nonconforming uses, structures and lots.

Purpose. This section is intended to provide reasonable standards governing the future operations of uses, and the future utilization of structures and land existing at the effective date of the ordinance codified in this title and not in conformance with the provisions hereof.

Signs. Nonconforming signs shall be subject to the requirements of the city's adopted sign ordinance.

Continuation. Except as otherwise provided in this section, legally established uses of land, buildings or structures existing at the time of the adoption of the ordinance codified in this title may be continued, although the particular use, or the building or structure do not conform to the regulations specified by this title for the district in which the particular building or structure is located or use is made.

Abandonment. If any nonconforming use is wholly discontinued or abandoned for a continuous period of twelve months, or for a continuous period of thirty days for any nonconforming use as a "massage establishment" as that term is defined in Chapter 8.20 in this municipal code, any subsequent use of such land or building shall conform to the regulations specified for the district in which such land or building is located.

Substantial Destruction. A nonconforming building destroyed to the extent of more than fifty percent of its value as established by the building official at the time of its destruction by a catastrophic event such as earthquake, fire, explosion or other casualty or act of God shall be deemed "substantially destroyed." Except as otherwise provided in this section, a nonconforming building or building, the use of which is non-conforming, that is substantially destroyed may be restored and used only in compliance with the regulations existing in the district wherein it is located.

Reconstruction Permit.

Reconstruction Permits—Class I. The community development department shall grant a reconstruction permit for the restoration of the following substantially destroyed structures, the use of which is nonconforming, subject to the requirements set forth in subsections (H)(1) through (4) of this section.

A nonconforming residential project originally authorized by the city of Lemon Grove discretionary planned development permit or other city discretionary approval subject to the same approval conditions.

Single-family dwelling, where reconstruction will result in no more than two such dwellings on a single lot zoned for single-family development and use.

Duplex dwellings, where reconstruction will result in no more than two attached single-family dwelling units, a single duplex, on a single lot zoned for single-family development and use.

Reconstruction Permit—Class II. After a public hearing, the city council, or, on appeal, the city council, may grant a reconstruction permit for the restoration of the following substantially destroyed structures, the use of which is nonconforming, if the findings required by subsections (H)(1) through (4) of this section have been made and the permit application has been found to be consistent with the spirit and intent of subsections (H)(5) through (7):

Multifamily dwellings, other than those whose reconstruction authority is governed by subsection (F)(1)(a) of this section, when such dwellings exist on a property currently zoned for lower density residential use.

Nonconforming commercial uses in commercial zones.

Application for Reconstruction Permit.

Class I Reconstruction Permit. Application for a Class I reconstruction permit as described in subsection (F)(1) of this section, shall be filed in the office of the community development department on such forms and accompanied by such plans and details as are required to obtain building permits for the construction of new buildings.

Class II Reconstruction Permit. Application for a Class II reconstruction permit shall be filed in the office of the community development department upon forms provided, accompanied by a filing fee as established by resolution of the city council, and by such data and information as may be prescribed for that purpose by the community development director so as to assure the fullest practicable presentation of facts for the permanent record.

Findings/Standards for Reconstruction Permits. The community development department shall grant a reconstruction permit for the restoration of substantially destroyed Class I nonconforming uses or structures subject to the requirements set forth in subsections (H)(1) through (4) of this section. The city council, or, on appeal, the city council, may grant a reconstruction permit for those nonconforming uses or structures listed in subsection (F)(2) of this section if it makes the following findings: findings 1, 2, 3 and 4 are mandatory. Findings 5, 6, and 7 will be applied by the approval authority in a discretionary manner so as to protect the general public health, safety and welfare of the community without arbitrarily and unnecessarily impeding lawful reconstruction pursuant to this section:

The proposed reconstruction will not increase the nonconformity existing prior to the date of the substantial destruction.

The proposed reconstruction complies with all current building and fire codes.

The substantial destruction was involuntary and occurred as a result of a catastrophic event such as earthquake, fire, explosion, or other casualty or act of God.

The proposed reconstruction can be carried out in a manner that will not be injurious to the public health, safety and welfare or cause injury to the residents of adjacent properties or the neighborhood in conformance with the performance standards set forth in Section 17.24.080(B)(1), (2) and (4) through (11) of this title.

The proposed reconstruction is designed to minimize the appearance of nonconformity as viewed from the public street and from adjoining properties.

The proposed reconstruction maximizes, to the extent feasible, compliance with current city requirements regarding building and site design, building setbacks, off-street parking, landscaping and screening, and useable open space.

The application has been submitted within one year of the date of the substantial destruction.

Time Limits for Reconstruction of Nonconforming Dwellings and Uses.

For Class I nonconforming uses, a city building permit shall serve as the reconstruction permit. For such uses the building permit must be obtained and work thereunder shall be commenced within six months of issuance of the permit and shall be completed within twelve months of the commencement of construction. For Class II nonconforming uses, any reconstruction permit issued by the city council shall require that a building permit be obtained and work thereunder shall be commenced within six months of issuance of the permit and shall be completed within twelve months of the commencement of construction.

The development services director may approve a single one year extension of the period for restoration or reconstruction specified above if substantial and diligent progress toward completion has been made or, if not, the delay in, or inability to complete, the restoration is attributable to factors not reasonably within the applicant's control including, but not limited to, insurance settlement delays, the weather and the unavailability of necessary building materials. Any person dissatisfied with the decision of the development services director concerning the extension of time may appeal according to the procedure set forth in Section 17.28.020 of this title.

Establishment of Building Value. Value of substantially destroyed buildings to be reconstructed pursuant to this section shall be determined by the building official according to the same formulas as applied to the determination of value of new construction.

Alteration and Expansion. Except as otherwise provided in this section, any building or structure existing at the date of the adoption of the ordinance codified in this title, which is nonconforming either in use, design, or arrangement, shall not be enlarged, extended, reconstructed or structurally altered. No non-conforming use of land may be expanded or extended in any manner.

Residential. Alterations, enlargements, extensions, or additions may be made to a residential structure which occupies a lot containing a nonconforming use, or to a nonconforming residential structure, which is used for residential purposes in a residential zone, as long as lot coverage is not increased by more than twenty percent. Except as otherwise stated in this section, a minor use permit shall be required for any such changes which will result in an increase in lot coverage of more than twenty percent. A minor use permit shall not be required for alterations, enlargements, extensions or additions to single-family dwellings which are nonconforming only with regard to building setbacks which fail to conform to current standards. All alterations, enlargements, extensions, or additions shall conform to the requirements in subsections (K)(1)(a) through (c) of this section and all additional requirements established by city ordinance or by resolution of the city council.

No lot, yard setback, open space, parking area or other space shall be reduced in area or dimension so as to make such area or dimension less than the minimum required by this title, and if already less than the minimum required by this title, such area or dimension shall not be further reduced or create additional nonconformity to this title.

If sufficient space or area is available to meet zoning ordinance setback requirements, covered parking spaces shall be encouraged to be provided in accordance with this title.

The proposed addition will not reduce existing, available required off-street or covered parking spaces.

Nonresidential. Within nonresidential zones, and for structures in residential zones not in residential use, a nonconforming building on structure shall not be enlarged or extended; except that the planning director may permit up to five percent enlargement of the floor area of a nonconforming building, and the city council may permit up to fifteen percent enlargement of the floor area of a nonconforming building, provided that:

The enlargement is of an incidental character and does not constitute a complete remodeling or re-location of machinery, equipment or apparatus used in operating the establishment in question, and can be carried out without injury to the residents of adjacent property and of the neighborhood; and

The development requirements of this title and all applicable city building and housing codes are fully complied with.

Maintenance. Any nonconforming building or structure may be maintained, repaired or portions thereof replaced so long as such maintenance, repairs or replacements do not exceed twenty-five percent of the building's appraised valuation. Except as otherwise provided by law, nothing in this title shall prevent the restoration to a safe condition of any building or structure declared unsafe by proper authority.

Conflict. Nothing in this section shall be construed as repealing, abrogating or modifying any provision of any city ordinance or other regulation, or any other provision of this title, or of law relating to the requirements for construction, maintenance, repair, demolition or removal of buildings.

Nonconforming Lots. Any permitted use or building may be established on a nonconforming lot in any district, provided that the regulations of the district in which it is located, the development requirements of this title, and all applicable city building and housing codes are fully complied with.

Change from a Nonconforming Use to a Conforming Use. Any use which is nonconforming wholly or partly because it is not itself a permitted use in the district within which it is located may be changed to a permitted use, or conditionally permitted use subject to the conditional use permit procedures, and provided that all of the regulations of the district in which it is located, the development requirements of this title, and all applicable city building and housing codes are fully complied with.

Change from a Nonconforming Use to Another Nonconforming Use. The city council may, by a majority vote of its membership, authorize a nonconforming use to be changed to another nonconforming use, upon a determination that the new nonconforming use can be carried without injury to the residents of adjacent properties and of the neighborhood, or that the benefit to the public health, safety or welfare exceeds any detriment inherent in such change.

Conditional Expansion of Nonconforming Commercial Uses. Nonconforming commercial uses existing prior to August 1, 1983, in the general commercial and heavy commercial zones, may be expanded subject to the approval of a conditional use permit according to the procedure set forth in Section 17.28.050. The city council may presume that the expansion of such nonconforming use may be found to be consistent with the general plan, even though it may not fully conform with the adopted land use element map, if such expansion can be accomplished according to the following criteria:

The expansion is generally consistent with the purpose and intent of the general plan.

The expansion as proposed and as conditioned by the city council will result in substantial benefit to the public.

The subject property and all existing and proposed improvements shall conform, as closely as possible, to all current regulations, standards and policies of the city, including, but not limited to, those which affect:

Building and site design including building materials, colors, signage, paving, curbs and sidewalks;

Building, housing and fire codes;

Traffic circulation and off-street parking;

Landscaping and screening;

Control of noise, glare, fire and explosion hazards, dust and other airborne emissions including odors and smoke, liquid and solid wastes, and all other potential nuisances and hazards.

Conditional Expansion of Nonconforming Nonresidential Land Uses in the Residential Zones. Nonconforming nonresidential land uses, existing prior to August 1, 1983, in the residential zones, may be expanded subject to the approval of a conditional use permit according to the procedure set forth in Section 17.28.050. The city council may presume that the expansion of such nonconforming use may be found to be consistent with the general plan, even though it may not fully conform with the adopted land use element map, if such expansion can be accomplished according to the following criteria:

The expansion is generally consistent with the purpose and intent of the general plan.

The expansion as proposed and as conditioned by the city council will result in a substantial benefit to the public.

Building and site design including building materials, colors, signage, paving, curbs, gutters and sidewalks;

Building, housing and fire codes;

Traffic circulation and off-street parking;

Landscaping and screening;

Control of noise, glare, fire and explosion hazards, dust and other airborne emissions including odors and smoke, liquid and solid wastes, and all other potential nuisances and hazards.

New Dwelling Units. The number of dwelling units in a nonconforming building may be increased to the maximum density allowed in the district, provided that:

The nonconforming building is located in a residential district;

The units are added solely as a result of the division of the interior of the existing building, and the exterior dimensions of the buildings are not changed; and

The regulations of the district in which it is located, the development requirements of this title, and all applicable city building and housing codes are fully complied with.

Abatement.

Nonconforming Uses. Any nonconforming use, except residential uses, located in any residential district, shall be discontinued within a period of time to be determined by the city council after public hearings.

Nonconforming Structures.

Any nonconforming structure located in any residential district, other than dwelling, churches and schools, which structure is designed or used for a use permitted in a business district, shall be removed or altered to be structurally conforming within a time specified by the city council. In no event shall such time limit be less than ten nor more than forty years from the date such a structure became nonconforming.

The planning director shall cause notice to be given to the owners of any such structure at least five years prior to the time removal or alteration is required to be completed, and yearly thereafter until such five-year period has lapsed.

The provisions of this section shall not apply to structures, which are nonconforming only with respect to the yard requirements and parking requirements of this title.

(Ord. 386 § 3, 2009; Ord. 434 § 4, 2015; Ord. 464 § 4, 2023)

§ 17.24.100 Housing density bonuses.

Purpose. These regulations are intended to aid in the achievement of goals specified in California Government Code Sections 65915–65918 (State Density Bonus Law) and in the Lemon Grove General Plan pertaining to the availability of housing and the encouragement of provisions of affordable housing for low and moderate income households.

Eligibility.

The following shall be eligible for a density bonus as described in this section:

Housing developments with at least five percent of the total base number of dwelling units affordable to very low-income households;

Housing developments with at least ten percent of the total base number of dwelling units affordable to low-income households;

Senior citizen housing developments or a mobile home parks that limits residency based on age requirements for housing older persons in compliance with California Civil Code Section 798.76 or 799.5;

Housing developments with at least ten percent of the total base number of dwelling units affordable to moderate income persons or families, provided that all units in the development are offered to the public for purchase;

Housing developments with at least ten percent of the total base number of dwelling units for transitional foster youth, disabled veterans, or homeless persons, restricted to the same affordability level as very low income units;

Student housing developments with at least twenty percent of the total base dwelling units made available as affordable housing for lower income students in a student housing development that meets all of the requirements contained in subdivision (b)(1)(F) of California Government Code Section 65915;

Housing developments with one hundred percent of all units in the development, including total base dwelling units and density bonus units, but exclusive of a manager's units, are for lower income house-holds, except that up to twenty percent of the units in the housing development, including total base dwelling units and density bonus units, may be for moderate income households;

Other housing developments identified in California Government Code Section 69515.

An additional density bonus shall be granted for donations of land to the city in accordance with the requirements of subsection (F) below.

An additional density bonus or development incentive shall be granted for housing developments that provide child care facilities in accordance with the requirements of subsection (G) below.

A density bonus shall be granted for condominium conversions in accordance with the requirements of subsection (H) below.

An additional density bonus of five percent shall be provided to density bonus projects that meet all of the following development standards to the satisfaction of the approving body:

Minimum building height standards.

Minimum common and private open space. Shade trees shall be provided in common usable open spaces.

Minimum landscape and water efficient landscape requirements.

Minimum bicycle parking. Bicycle lockers and personal storage areas shall be provided where feasible.

The site shall have continuous internal walking paths and connections to public pedestrian and bicycle pathways.

Public art approved by the city shall be located on the site.

As used in this section, "housing development" means a development project for five or more dwelling units, including mixed-use developments. "Housing development" also includes a subdivision or common interest development as defined in Section 4100 of the California Civil Code, approved by the city, which consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, where the result of the rehabilitation would be a net increase in available residential units.

Density Bonus.

Eligible developments and land donations included in subsections (B)(1)–(4) above shall be granted a density bonus in accordance with California Government Code Section 65915 and the requirements of this section.

A developer may choose to accept a lower density bonus than allowed under this chapter.

Density bonus units shall not be included when determining the base number of dwelling units provided to qualify for a density bonus. The base number of dwelling units includes only the number of dwelling units that could be constructed without a density bonus.

All density calculations resulting in fractional units shall be rounded up to the next whole number.

For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.

The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval.

Development Concessions or Incentives.

Developers may submit a proposal to the city requesting concessions or incentives as defined in California Government Code Section 65915, which may include:

A reduction in development standards or a modification of zoning code requirements that exceed minimum building standards approved by the California Building Standards Commission and result in identifiable and actual cost reductions to provide for affordable housing costs or affordable rents. These may include, but are not limited to, modification of:

Setbacks requirements

Lot width and/or depth requirements

Minimum site area