Chapter 11.30 USES—GENERAL PROVISIONS, CONDITIONS AND EXCEPTIONS

Chapter 11.30
USES—GENERAL PROVISIONS, CONDITIONS AND EXCEPTIONS

Sections:

11.30.010 Application of chapter.

11.30.020 Limitations on land use.

11.30.025 Limitations to permitted uses.

11.30.030 What constitutes a “main building.”

11.30.040 Clarification of ambiguity.

11.30.050 Purpose of site plan.

11.30.060 Use control in reclassified site plan.

11.30.070 Indicated potential classifications.

11.30.080 Translating potential classifications to permissible use.

11.30.090 Repealed by Ordinance 1950 § 1, 6-22-93.

11.30.100 Public utilities.

11.30.110 Temporary construction buildings.

11.30.120 Temporary real estate signs.

11.30.130 Temporary construction signs.

11.30.140 Limited increase of “C” zone depth.

11.30.150 Temporary occupancy of house trailer.

11.30.160 Minimum size of dwelling units.

11.30.165 Standards and criteria for residential condominiums.

11.30.170 Trash areas for two or more dwelling units.

11.30.180 Petroleum products service station standards.

11.30.190 Sale of personal property in residential zones prohibited.

11.30.195 Approval procedure for installation of solar devices.

11.30.198 Approval procedure for the installation of receivers for satellite direct television signals.

11.30.200 Remodeling of residential dwellings—Architectural compatibility.

11.30.210 Recycling provision within trash enclosures.

11.30.220 Density bonuses.

11.30.230 Tweedy Boulevard commercial district and Hollydale commercial district color palette.

11.30.240 Repealed by Ordinance 2259 § 2, 3-24-09.

11.30.010 Application of chapter.

The foregoing regulations pertaining to the several zones shall be subject to the general provisions, conditions and exceptions contained in this chapter.

(Ord. 824 § 1500, 2-8-60)

11.30.020 Limitations on land use.

(a) Except as provided in this chapter, and Chapters 11.32, 11.34 and 11.36, no building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is specifically permitted in the zone in which such building or land is located.

(b)(1) Whenever more than one lot is used as a single building site, the combined lots shall not be divided, unless each separate lot is a minimum of forty feet wide and five thousand square feet in area.

(2) No accessory building or structure shall be constructed prior to a main structure or maintained without a main structure on the subject property.

(3) No accessory structure or use shall be permitted between the main building and the street.

(Ord. 1464 § 1, 1-26-81; Ord. 824 § 1501, 2-8-60)

11.30.025 Limitations to permitted uses.

Every use permitted shall be subject to the following conditions and limitations; except as otherwise provided in this chapter:

(1) Public Utilities. Except as provided hereinafter, all electrical distribution services, telephone, cable antenna television, and similar services which provide direct service to the property being developed shall be installed underground. The developer or owner is responsible for complying with the requirements of this section, and shall make the necessary arrangements for the installation of such facilities by the appropriate utility company or companies in accordance with applicable rules, regulations, and tariffs set forth by the Public Utilities Commission of the state of California. The following exceptions and limitations shall apply: (Ord. 1317 § 1, 2-14-77).

(a) Underground utility service is not required for residential uses; however, underground utility service is required for all new residential subdivisions, and new multiple family dwellings of five or more units where service is provided from the front property line, or the side property line on a corner lot.

(b) Utility service poles may be placed in an area within six feet of the rear lot line of the property to be developed, for the sole purpose of terminating underground utility service.

(c) Underground services shall be connected to the nearest service pole. If the nearest pole is located across a street, the service shall be run underground, and this cost shall be borne by the developer or property owner.

(d) Temporary utility services are permitted above ground, for temporary uses which comply with all applicable city regulations.

(e) Appurtenances and associated equipment including, but not limited to, surface-mounted transformers, risers, pedestal-mounted terminal boxes, meter cabinets, and concealed ducts in any underground system may be placed aboveground only where it is unfeasible to place said equipment underground. Department of community development approval is required prior to placing any such portion of an underground system above ground. (Ord. 1317 § 2, 2-14-77).

(f) Telephone, cable antenna television, and similar services are not required to be placed underground unless it is required that the electrical service is to be placed underground.

(g) Buildings or structures enlarged more than two thousand five hundred square feet in floor area shall comply with the requirements of this section.

(2) Public Improvements. With regard to new construction and the development or improvement of real property, the owner or developer shall comply with all applicable provisions of Chapter 5.32 of Title 5 of this code.

(Ord. 1920 § 2, 7-14-92; Ord. 1317 §§ 1 and 2, 2-14-77; Ord. 1215 § 1, 10-29-73)

11.30.030 What constitutes a “main building.”

Any building which is the only building on a lot or building site is a main building unless otherwise authorized by variance.

(Ord. 824 § 1502, 2-8-60)

11.30.040 Clarification of ambiguity.

If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, or if ambiguity exists with respect to matters of height, yard requirements, area requirements, open spaces or zone boundaries, as set forth in this title and as they may pertain to unforeseen circumstances, including technological changes in processing of materials, it shall be the duty of the planning commission to ascertain all pertinent facts and by resolution set forth its findings and its interpretations, and such resolution shall be forwarded to the city council and, if approved by the city council, thereafter such interpretations shall govern.

For purposes of arriving at determinations under this section, or to meet any other need for classifying any use at first permissible in any of the zone classifications defined by this title, or in passing upon any unclassified use as defined in Chapter 11.26, the degree of compatibility of any use to any other use shall be evaluated. So far as technical evidence and scientific means of measurement are available, they shall be considered in determining the form and intensity of performance standards typically associated with any identifiable type of use. The term performance standards as here employed, refers to such conditions, effects, or results which flow from the maintenance or operation of any primary use, including, but not limited to, the flow of sound measured in decibels; ambient level of sound; vibrations above and below the auditory range; odors, fumes, smoke or other emissions whether toxic or nontoxic; incidence of hazard, including explosion or contamination; the identification and classification in terms of chemical composition of the emissions from any type of use whether industrial, commercial or domestic; the traffic-generating capacity, both in terms of freight and passengers, the volume of either or both, and the time or times of daily cycle that represents peak flow or minimum flow; the consuming capacity of and need for electrical energy, natural gas, oil, water, sewage disposal and transportation facilities, including highway, water, rail and air.

(Ord. 824 § 1503; 2-8-60)

11.30.050 Purpose of site plan.

Wherein the zoning map establishes only zone boundaries and the text of the title establishes the permitted use of land in the various zones and the conditions applicable to such use, a site plan, as the term is employed in this title, has a two-fold purpose:

(1) To correlate the detailed provisions, conditions, and requirements of this title and other applicable ordinances as they apply to the site by means of a map on which shall be shown, among other things, the design and placement of essential related facilities such as off-street parking, loading and unloading areas, points of ingress and egress particularly related to bordering traffic flow, pattern and flow on on-site traffic, placement and arrangement of buildings as well as any other subjects included in this title which are essential to the best utilization of the land in order to conserve public safety and general welfare and which encourage modern specialized land development and use. A site plan may be used as the means for applying the provisions of the zoning ordinance or other ordinances to undivided property or to consolidated subdivided property, the dimensions, shapes and sizes of which do not individually lend themselves advantageously to modern land utilization; or to any property for which residential condominium developments are proposed. (Ord. 1279 § 1, 12-8-75: Ord. 824 § 1504, 2-8-60).

(2) If the site plan contains any area that may require acquisition for public purposes, such as openings and widening of streets or alleys, such features in addition to being indicated on the site plan, shall be identified in exact detail on a precise plan showing dimensions, directions, radii, bearings and any other information pertinent for identification as a precise plan within the meaning of the State Planning Law. Hearings on the site plan and the precise plan shall be separately noted in the public notice of hearing but may be held concurrently, and action on each shall be taken separately.

(Ord. 824 § 1504, 2-8-60)

11.30.060 Use control in reclassified site plan.

In order to assure that the purpose and provisions for a formally adopted site plan of record shall be conformed to, the land reclassified within any site plan shall be limited exclusively to such uses as are first permitted in the zone to which it is classified unless otherwise stipulated in the plan itself. Uses shown on such site plan, including automobile parking, shall conform to such site plan even though such use, or uses, are not otherwise specifically classified by this title as permissible in any given zone.

(Ord. 824 § 1505, 2-8-60)

11.30.070 Indicated potential classifications.

Where areas are shown upon the zoning map enclosed within a dashed line, the area thus shown is intended to approximate the location of areas considered to be suitable because of location for the type of land use indicated by the symbol therein enclosed within a circle when and if such area is initially designed or redesigned for such use. Such future classification designation shall be a part of the zoning map and may be adopted or amended only in the manner prescribed for the reclassifying of the property as required in Chapter 11.40 of this title. Uncircumscribed symbols shown within such areas represent the classification of such properties until they are processed as set forth herein.

The designation of a future possible classification is based upon recognition of the suitability of location for the type of use indicated by circumscribed symbol, and the impracticability of precisely classifying such property for the indicated future types of use until such lands are designed and planned in detail so as to establish location and dimensions of any streets, alleys, parking areas, building sites and similar features pertinent to zoning.

(Ord. 824 § 1506, 2-8-60)

11.30.080 Translating potential classifications to permissible use.

Types of land use indicated by circumscribed symbols within areas identified on the zoning map by a dashed line may be activated and made permissible by the adoption of an amendment to the zoning map in the form of a detailed site plan.

(Ord. 824 § 1507, 2-8-60)

11.30.100 Public utilities.

The provisions of this title shall not be construed to limit or interfere with the installation, maintenance and operation of public utility pipelines and electric or telephone transmission lines, or railroads, when located in accordance with the applicable rules and regulations of the public utilities commission of the state of California within rights-of-way, easements, franchises or ownerships of such public utilities; nor shall they restrict the right of a public utility to increase the capacity of facilities necessary to and used directly for the delivery of or distribution of services; provided, however, that in any R zone all yard requirements of the zone in which the site is located shall be maintained and no enlargement of the site is involved.

(Ord. 824 § 1509, 2-8-60)

11.30.110 Temporary construction buildings.

Temporary structures for the housing of tools and equipment, or containing supervisory offices in connection with major construction on major construction projects may be established and maintained during the progress of such construction on such project, and shall be abated within thirty days after completion, or thirty days after cessation of work.

(Ord. 824 § 1510, 2-8-60)

11.30.120 Temporary real estate signs.

Two temporary real estate signs or billboards, not to exceed fifty square feet in area per face, or one sign or billboard not to exceed an area of one hundred square feet per face may be located on any new subdivision in any zone, provided such signs or billboards, if in an R zone, shall be removed at the end of a twelve-month period measured from the date of the resolution by the city council accepting the public improvements of the subdivision upon which the sign or signs, billboard or billboards are located.

(Ord. 824 § 1511, 2-8-60)

11.30.130 Temporary construction signs.

Signs identifying persons engaged in construction on a site shall be permitted as long as construction is in progress, but not to exceed a six-month period; provided, that at any time the removal is required for a public purpose the signs shall be moved at no expense to the city or other public agency.

(Ord. 824 § 1512, 2-8-60)

11.30.140 Limited increase of “C” zone depth.

When “C” zoned property has a depth of one hundred feet or less, additional lots not to exceed an aggregate depth of eighty feet to the rear of the “C” zoned property may be utilized to provide an extension of the commercial use, provided the width of the commercial lot shall be not less than seventy-five feet and that there not be a mixture of residential and commercial land use.

(Ord. 1095 § 1, 3-24-69: Ord. 824 § 1513, 2-8-60)

11.30.150 Temporary occupancy of house trailer.

No automobile trailer shall be used as a place of human habitation or business office nor shall connections be made for sewer, water, electricity or any other utility except in regularly established trailer parks. However, a permit may be granted by the director of building inspections for temporary occupancy of a trailer on a residential lot not in a trailer park for a period not to exceed thirty days and may be renewed only once during the ensuing twelve-month period. No occupancy of trailers will be permitted on lots zoned for other than residential purposes except a temporary occupancy may be permitted for limited periods on approval of the director of building inspections during construction of buildings other than residential or when said occupancy may be required to patrol or guard the immediate premises. The fee for every permit issued under this provision shall be ten dollars.

(Ord. 864 § 1, 1-2-62: Ord. 824 § 1514, 2-8-60)

11.30.160 Minimum size of dwelling units.

Each newly constructed single-family, duplex, or apartment dwelling unit shall contain the following minimum square feet of floor area:

(1) Single-family Dwelling. A single-family dwelling containing one bedroom or less shall contain not less than eight hundred square feet. Single-family dwelling units containing more than one bedroom shall add two hundred square feet for each additional bedroom.

(2) Duplex or Apartment Dwelling. A duplex or apartment dwelling unit containing one bedroom or less shall contain not less than eight hundred square feet. Duplex or apartment dwelling units containing more than one bedroom shall add two hundred square feet for each additional bedroom.

(Ord. 1715 § 9, 10-14-86: Ord. 1327 § 1, 5-23-77 (repealed): Ord. 987 § 1, 1-10-66 (repealed))

11.30.165 Standards and criteria for residential condominiums.

(1) Definitions.

(a) “Residential condominium” means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential complex located on such real property. A residential condominium may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either

(i) An estate of inheritance or perpetual estate,

(ii) An estate for life, or

(iii) An estate for years, such as a leasehold or a subleasehold.

A residential condominium is a unique land use which has many similarities to the ownership of a single-family dwelling, except that it is usually marked by higher urban densities, contiguity of living units, and the aforementioned common interest in the parcel of real property on which it is situated.

(b) “Residential condominium unit” or “unit” means the elements of a residential condominium which are not owned in common with the owners of other condominiums in the project.

(c) “Residential condominium project” or “project” means the entire parcel of real property divided or to be divided into condominiums including all structures located or to be located on such real property.

(d) “Residential condominium common area” or “common area” means the entire project excepting all units granted or reserved.

(e) “Residential condominium documents” or “condominium documents” means the declaration of covenants, conditions and restrictions (“the declaration”), the description of project elements, the condominium plan establishing a plan for residential condominium ownership and the articles of incorporation and bylaws of the association of the owners.

(f) “Residential condominium owner” or “owner” means the owner of a residential condominium.

(g) “Project elements” means the condominium units which are to be conveyed, the areas and space which are to be assigned to such units and the common areas which are to be shared by the owners of all units. Such elements constitute the totality of the condominium project and are enumerated in a formal declaration or statement within the condominium documents that includes the incidents of the condominium grant. Such enumerative description may contain irrevocable limitations on the use of the project elements which are not appropriate for the declaration of covenants, conditions and restrictions.

(h) “Condominium plan” means a plan consisting of a description or survey map of the surface of the land in the project, a diagram showing the dimensions and locations of the units and a certificate acknowledging the intent to create a condominium project and consenting to the recordation of such a plan pursuant to local ordinance and Title 6, Part 4, Division II (§ 1350 et seq.) of the California Civil Code by the record owner of the property and all record holders of security interests therein.

(i) “Community apartment” means an estate in real property consisting of an undivided interest in common in a parcel of real property and the improvements thereon coupled with the right of exclusive occupancy of any apartment located therein.

(j) “Conversion” means a proposed change in the type of ownership of a parcel or parcels of land, together with the existing attached structures, to that defined as a condominium project, community apartment project or stock cooperative, regardless of the present or prior use of such land structures and of whether substantial improvements have been made to such structures.

(k) “Stock cooperative” means a corporation formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy.

(l) “City” means the city of South Gate.

(m) Open Space. Land areas which are not occupied by buildings, structures, streets or alleys excepting other special landscaped areas or recreational oriented uses.

(i) Common Open Space (Useable). Open space which is suitably located and improved for common recreational purposes, active or passive, and accessible to each lot or dwelling within a development through a system of public or private walkways.

(ii) Private Open Space (Useable). Open space which is designed and maintained for the sole and exclusive use of the occupants of not more than one dwelling and may include covered patio areas.

(iii) C.C. & R.’s. Conditions, covenants and restrictions of any condominium project, community apartment house or any other planned development.

(2) Intent and Purpose of this Section. Residential condominium projects may require that numbers of householders, with vested ownership in their respective dwelling units, live in close proximity to one another in relationship to the suburban character of the city. Condominium projects also require that such owners be bound together in an association which is responsible for the maintenance, management and possible reconstruction of improvements within the common area of the project. This mix of individual and common ownership is different from conventional and familiar patterns of housing in the city. The unique status of residential condominium projects tends to magnify the effects associated with higher urban densities to the point where they may lead to conditions of mismanagement, neglect and blight that impact upon the public health, safety, welfare and economic prosperity of the larger community. To ensure that such problems are avoided in both the short and long term, it is the express intent of the city to treat residential condominiums differently from apartments and other like structures. Pursuant to such intent and in order to provide guidance in the consideration of proposed condominium projects, the purposes of this section are as follows:

(a) To ensure that the significance of the fragmented pattern of condominium ownership with respect to long-range planning, unforeseen change, and maintenance of the city’s housing stock is not superficially discounted in favor of short-term and expedient financial considerations;

(b) To establish reasonable procedures for the dissolution of the condominium and demolition of the structures at the end of their economic, functional or physical life and thus obviate conditions of residential obsoleteness and blight and their detrimental effects upon both immediate occupants and the larger community;

(c) To ensure that the potentially injurious effects resulting from a lack of continuous and centralized management do not impact upon the public health, safety and welfare and, at the same time, ensure that there is democratic and effective management of the project that does not allow, over time, a majority of the unit owners to effectively contravene the initial commitments made to the project at the time of its inception and thus undercut the good faith of any minority of unit owners;

(d) To ensure that the project developer provides adequate private outdoor living space, storage space and parking space to meet the expectations and changing needs of property owners over a long period of time;

(e) To ensure that the project developer is attentive to the performance characteristics of the structure and mitigates such problems as vibration and noise transmission which may not be apparent to the buyer without living in the unit but which, if not adequately attenuated, may nevertheless render the living environment within the project undesirable and the transfer of unit ownership difficult;

(f) To ensure that the project developer uses contemporary and environmentally sensitive concepts of site planning and architectural design in the creation of the project and to ensure that the project, once completed, maintains its integrity over time not only to preserve the long-term financial commitment of the unit owner, but to optimize the utilitarian and aesthetic qualities that make the project a viable home for him in the future;

(g) To ensure that, when appropriate, governmental entities have the right to enter into specified areas of the project to protect the public health, safety and welfare and preserve the public peace.

(3) Site Plan Required.

(a) No residential condominium (including conversions) shall be permitted in any zone unless a site plan is approved pursuant to subsection (1) of Section 11.30.050 of this chapter.

(b) Existing residential condominiums which do not comply with the provisions of subsection (7) of this section shall be allowed to continue operation subject to the provisions of subsection (3)(c) of this section.

(c) Except for strictly interior modifications to individual condominium units, no structural or architectural alterations, except incidental maintenance, shall be made to any existing residential condominium or its common areas within the city, unless and until a site plan is approved pursuant to this chapter. An applicant seeking a site plan approval to make structural or architectural alterations to an existing condominium shall not arbitrarily or unreasonably be denied such approval where compliance with the provisions of this section would impose a cost or other hardship disproportionate to the proposed structural or architectural alteration, provided that the applicant is making reasonable efforts to conform to those provisions and the purpose delineated in subsection (2) of this section.

(4) Application for Site Plan. The application for a site plan for a proposed condominium project shall be prepared pursuant to the provisions of subsection (1) of Section 11.30.050 of this chapter.

(5) (Deleted by Ord. 1477 § 1, 5-26-81).

(6) Condominium Development Policy, Standards and Criteria.

(a) To achieve the purpose of this section, all proposals for condominium usage made pursuant to the provisions of this section, including the conversion of existing residential structures to condominiums, shall conform to the condominium development standards provided for in this section. Additionally, the commission shall review the project proposal in order to determine its degree of compliance with both the condominium development standards and development criteria delineated in subsections (7) and (8) of this section. A condominium proposal which does not comply with all of the precise development standards in this chapter may be approved where the commission finds that there are unusual circumstances regarding the development’s location, site, or configuration, that the project is in substantial compliance with both the development standards and development criteria, and that there are mitigating features incorporated in the project which tend to further the expressed intent and purposes of this section.

(b) Recognizing that the conversion of existing multiple residential structures to condominium usage presents unique problems with respect to the requirements of this section, the city planning commission is empowered to vary any and all requirements contained herein with regard to a particular conversion proposal upon a finding that the creation of the proposed condominium will not have the potential to contravene the intent and purpose of this chapter. Project characteristics of critical importance in determining whether or not a proposed conversion has that potential include the age of the structure and the degree to which the proposal varies from the required standards for the following:

(i) Parking;

(ii) Unit size;

(iii) Sound transmission characteristics;

(iv) Private open space;

(v) Storage space.

(c) The city planning commission is also empowered to impose conditions on its approval of the site plan which would require that specified modifications, designed to bring a structure more nearly into compliance with the condominium development standards contained herein, be made to the structure proposed for conversion.

(7) Condominium Development Standards. To achieve the purpose of this section, the city planning commission shall require, except as noted above, that all condominium projects conform to all ordinances of the city and all of the following condominium development standards:

(a) Private Open Space. Notwithstanding the minimum total amount of usable open space required for a project and the required minimum dwelling unit size, in projects which include five units or more, all of the units shall have an appurtenant private patio, deck, balcony, atrium, or solarium with a minimum area of one hundred fifty square feet, except that one-bedroom units shall have a minimum area of one hundred thirty square feet. Such space shall have a configuration that would allow a horizontal rectangle or square of one hundred square feet in area and a minimum dimension of seven feet to be placed in said space. Additionally, such space shall be at the same level as and immediately accessible from either a kitchen, dining room, family room, master bedroom, or living room within the unit. The city planning commission may evaluate such project on its own merits, for the purpose of determining the number of bedrooms and with regard to the type, configuration and characteristics of the development including condominium unit mix, and may allow variations from the above dimensional standards where it can be shown that the required private open space meets the intent and purpose of this section.

(b) Private Storage Space. Each unit within the project shall have at least four hundred cubic feet of enclosed, weather-proofed and lockable storage space for the sole use of the unit owner. Such space shall have a minimum horizontal surface area of fifty square feet, a minimum interior dimension of five feet, and an opening not less than three feet by six feet. Such space may be provided within individual storage lockers, cabinets or closets in any location approved by the city planning commission, but shall not be split among two or more locations. Moreover, since it is the intention of this standard to require space over and above that normally associated with day-to-day functioning of the unit, the city planning commission shall exercise reasonable discretion in differentiating between such required private storage space and guest, linen or clothes closets or food pantries that are customarily within the unit. Thus, while providing such private storage space within the limits of the unit is not precluded, it shall be over and above that which would otherwise be provided within the unit.

(i) Spaces Assigned to Units. There shall be at least two enclosed parking spaces assigned to each condominium unit within the project.

(ii) Spaces Designated for Visitors. In addition to the above requirements, there shall be at least one visitor parking space for each two condominium units within the project. A fractional requirement equal to, or greater than, one-half of a visitor parking space shall be interpreted as a requirement for a total visitor parking space. Where buffer and other physical conditions are conducive to street parking without impeding traffic or creating undesirable safety conditions, parallel on-street parking at the curb may be determined by the city planning commission to be appropriate visitor parking.

(d) Walls.

(i) A thirty-six-inch-high concrete, masonry, or decorative block wall shall be provided and maintained on the outside perimeter of all off-street parking areas abutting or visible from a public street, except at points of ingress and egress for vehicular or pedestrian traffic. In lieu of the thirty-six-inch-high screen wall, land contouring and landscaping equivalent to thirty-six inches in height, or a combination of wall and land contouring, may be provided if approved by the planning department.

(ii) A six-foot-high solid concrete masonry wall shall be provided and maintained on the boundary of any condominium project which abuts or lies across a public alley from a single-family (R-1) zone, except in the front setback area where such wall shall not be higher than thirty-six inches where a grade differential greater than one foot is created on such boundary line. The applicant shall provide a grading plan and cross sections for review and approval by the city’s building and public works departments which is designed to minimize the grade differential as much as possible.

(iii) All walls shall be architecturally compatible to main buildings. Type, texture, and color shall be approved by the planning department.

(e) Storage. Each unit shall have an enclosed storage cabinet having a minimum size of one hundred sixty cubic feet. No inside dimension of such cabinet shall be less than four feet. The storage cabinet shall be placed within a garage or in a cabinet accessible from the exterior and in close proximity to the unit. The storage of furniture, appliances, and other similar equipment shall be within permanent buildings and completely screened from public view. No required garage shall be used for such storage.

(f) Treatment of Utilities. Services and systems shall comply with all building department codes and regulations.

(g) Attenuation of Noise - General. All proposed condominium projects and conversions shall comply with all city and state of California thermal and noise insulation requirements.

(h) Underground Utilities. All utilities shall be underground in accordance with subsection (1) Section 11.30.025 of this chapter.

(i) Refuse Storage. All outdoor trash, garbage, and refuse shall be screened on all sides from public view by a minimum five-and-one-half-foot-high decorative concrete block or masonry wall and the opening provided with a gate of durable wood or comparable material. Such area shall be so located as to be easily accessible for trash pickup. Type, texture and color shall be approved by the planning department.

(j) Lighting. All lighting of the building, landscaping, parking area, or similar facilities shall be hooded and directed to reflect away from adjoining properties.

(k) Mechanical Equipment. All ground mechanical equipment shall be completely screened behind a permanent structure, and all rooftop mechanical equipment shall be placed behind a permanent parapet wall and shall be completely restricted from view. Such screening shall be as high as the highest portion of the equipment or ducting and shall be permanently maintained. All wall air-conditioner units shall be screened from view with material that is compatible and in harmony with the architectural styling and detailing of the building.

(1) Clothes-drying Areas. All clothes-drying areas shall be screened on all sides by a fence or wall not less than six feet high.

(m) Development on Lots or Parcels with Existing Structures. No condominium development shall take place on a lot or parcel on which another type of land use structure is located until such structure is removed.

(n) Signs. Only the following signs, subject to the following conditions, are authorized:

(i) One nameplate per unit, not exceeding one square foot in area, containing the name and address of the occupant of the premises.

(ii) One interior lighted or unlighted identifying sign attached to a main building of no more than two square feet per dwelling unit, up to a maximum of twenty square feet, at a major entrance which faces a street.

(iii) One interior lighted or unlighted sign attached to a main building, not to exceed fifteen square feet of surface area, pertaining only to the sale, lease, or rental of the particular building, property, or premises upon which displayed.

(iv) All attached signs shall be flat against the building or structure and shall not extend above the top of the wall; must be constructed of metal, or comparable fireproof material; and shall be enclosed and bird-proof and vermin-proof.

(v) Unimproved property shall be permitted one freestanding “for sale,” “lease,” or “rent” sign not to exceed six feet in height and fifteen square feet per face.

(o) Height Limitation. In keeping with the suburban nature of the city, condominium structures shall be limited to two stories in height, excluding subterranean levels devoted to automobile parking. There shall be no more than one unit in any vertical configuration. As used herein “subterranean level” shall mean a level the ceiling of which shall be no higher than the highest point of the finished grade adjacent to the structure, and which shall be either:

(i) Wholly enclosed, or

(ii) Not visible from either adjoining properties or from a public street outside of the project.

(p) Maintenance of Standards. All improvements in the condominium project shall be continuously maintained in a neat, orderly, and healthy condition. Said improvements shall include, but not be limited to, signs, landscaping, off-street parking, storage areas and walls.

(q) Building Code Conformance. All common walls and ceiling/floor systems shall be fireproof and soundproof and must conform to current building standards adopted by the city. Also, condominiums shall conform to the requirements of Group “H” occupancies, in accordance with the Uniform Building Code.

(8) Condominium Development Criteria. There are important considerations relative to each proposal for condominium usage and to each proposed site that do not lend themselves to specific development standards. The following criteria shall apply to proposals for condominium usage made pursuant to the provisions of this section and shall serve as a basis for the evaluation of accepted and appropriate planning and architectural techniques necessary for the orderly development of the city, and concurrently, give substance to the policies necessary to achieve the purposes of this section.

(a) The project should be a comprehensive and integrated design, providing its own open space, off-street parking and amenities for contemporary living. Insofar as the scale of the project allows, open space, walkways and other areas for people should be separated from parking areas, driveways and other areas for automobiles.

(b) Architectural unity and harmony should be achieved both within the project and between the project and the surrounding community so that the project does not constitute a disruption to the established fabric of the community.

(c) The layout of structures and other facilities should effect a conservation in street, driveway, curb cut, utility and other public or quasi-public improvements. Structures should be designed to minimize, within the context of accepted architectural practice, the consumption of natural resources either directly or indirectly (i.e., gas, water, electricity).

(d) The project should be designed to maintain as much of the natural topography, large trees, and environment as practicable.

(e) The configuration and orientation of the project should respect reasonable design limits imposed by the natural and manmade environment. Structures should be situated to take advantage of view, topography, sun and wind, while at the same time not destroying these advantages for adjacent properties. Structures should also be situated to minimize or buffer any undesirable characteristics of the site such as street noise and nearby obnoxious commercial or industrial uses.

(f) The layout of units and open space within the project should establish, through the use of structure and landscape materials, a perceptible spatial transition from the public street, through the semiprivacy of the common areas, to the privacy of the unit. Most importantly, the environment of each condominium unit should be private and free from visual, audial and other intrusions.

(g) The project shall comply with state standards facilitating access for the handicapped.

(9) Declaration of Covenants, Conditions and Restrictions. To achieve the purpose of this section, the declaration of covenants, conditions and restrictions relating to the management of the common area and facilities shall accompany all proposals for condominium usage made pursuant to the provisions of this section. In addition to such covenants, conditions and restrictions that may be required by the Department of Real Estate of the state of California or pursuant to Title 6 of Part IV of Division II of the Civil Code of the State of California or other state laws or policies, such declaration shall provide for the following, none of which, after acceptance in final form by the city, shall be amended, modified or changed without first obtaining the written consent of the city:

(a) Assignment or Conveyance of Private Open Space. The surface area and appurtenant airspace of private open space areas, including but not limited to the private patio, deck, balcony, solarium or atrium required by subsection (7)(a) of this section, and any integral portion of that space that may exceed the minimum area requirements, shall be described and irrevocably assigned to its respective unit, except that where the private open space is totally within the boundary described by the interior surfaces of the unit, it shall be conveyed as an integral part of the unit.

(b) Assignment or Conveyance of Private Storage Areas. The surfaces and appurtenant airspace of private storage areas, including but not limited to the private storage space required by subsection (7)(b) of this section shall be described and irrevocably assigned in the declaration or condominium plan to its respective unit, except that where the private storage space is totally within the boundary described by the interior surfaces of the unit, as it would be in a closet opening upon a unit’s room or hallway, it shall be conveyed as an integral part of the unit.

(c) Assignment or Conveyance and Use of Required Off-street Parking Spaces. Required off-street enclosed parking spaces, except guest parking spaces, shall be permanently and irrevocably assigned to particular units within the project on the basis of two spaces per unit, except that where two parking spaces are totally within the boundary described by the interior surfaces of the unit, as they would be in a townhouse development with a private entrance from the parking garage to the unit, it shall be conveyed as an integral part of the unit. To the maximum practicable extent the two spaces assigned to each unit shall be contiguous. In no case shall the private storage area of one unit overhang or take its access from the required off-street parking space of another unit. All parking spaces shall be used solely by unit owners, members of their families, their guests or lessees of the owners’ unit, except that a unit occupant within the project may rent one space to another unit occupant or to the association. All parking spaces shall be used solely for the purpose of parking motor vehicles as defined by the Vehicle Code of the State of California.

(d) Maintenance of Impact Insulation Class. The Impact Insulation Class (IIC) rating of all separating floor/ceiling assemblies, as required by subsection (7)(g) of this section, shall be described in the declaration.

(e) Television and Radio Antenna. Individual television and radio antennas shall be prohibited outside of any owner’s unit. The declaration shall provide either for a central antenna with connections to each unit via underground or internal wall wiring, or each unit shall be served by a cable antenna service provided by a company licensed to provide such service within the city.

(f) Voting. For the purpose of voting, including without limitation voting to set the amount of regular or special assessments and for the purpose of amending the covenants, conditions and restrictions, one vote shall be allocated for each unit within the project, provided, however:

(i) Except as provided with respect to the developer of a project hereinbelow, no owner shall be entitled to vote, directly or indirectly, more than ten percent of the total number of units in the project or a maximum of ten units whichever is the lesser; provided, further, that where there are less than ten units in a project, the maximum voting power shall be one unit.

(ii) Subsection (9)(f)(i) above, shall not apply to voting by the developer of a project, provided that the declaration shall provide for all of the following:

(A) Voting by classes, one class being the developer and the other being all of the other owners.

(B) Wherever a particular percentage vote is required, said percentage shall be of each class voting separately.

(C) Elimination of the developer’s separate voting class upon the earlier of the sale of seventy-five percent of the units or three years from the date of recordation of the declaration.

(g) Partition and Sale of the Project. An action may be brought by one or more owners of units within the project for partition thereon by sale of the entire project as if the owners of all of the condominiums in such project were tenants in common in the entire project in the same proportion as their interests in the common areas; provided, however, that a partition shall be made only upon a showing of the existence of one or more of the conditions set forth in Section 1354 of the California Civil Code, or that:

(i) Two years after damage or destruction to the project which renders a material part thereof unfit for its use, the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction; or

(ii) One-half or more of the project has been destroyed or substantially damaged and condominium owners holding in aggregate more than fifty percent interest in the common areas are opposed to repair or restoration of the project; or

(iii) The structure has been in existence in excess of the number of years shown on the following table, is obsolete and uneconomic, and the percentage of condominium owners holding in aggregate a percentage interest in the common areas as set forth in the following table are opposed to repair or restoration of the project.


Age of Structure (in years)	Percentage of Interest in Common Areas Held by Condominium Owners
30	70
40	60
50	50
60	40
70	30

For the purpose of this section, multiple owners of a single unit shall not be deemed possessed, in the aggregate, of any greater interest in the common areas than that possessed by a single owner of a unit.

(h) Maintenance. The declaration shall contain a provision establishing the obligation and duty of the governing body of the condominium to maintain the common areas in good condition.

(i) Enforcement. The declaration shall contain a provision insuring the right of any owner to enforce the terms of the declaration.

(j) Assessments for Maintenance of Common Areas and Facilities.

(i) General. In order to protect the public health, safety and welfare, provision shall be made both for annual assessments for maintenance and special assessments for capital improvements. The amount of the regular annual assessment, and the procedure for its change shall be specified. The manner in which special assessments may be levied for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the common area shall be specified. The amount of regular and special assessments may be made proportional to the gross square footage of each unit within the project. Both annual and special assessments may be collected on a monthly basis. The remedies which the association may bring for the nonpayment of assessments shall be specified and may include penalties for late payment.

(ii) Veto Right and Authority of the City. In consideration for the city’s approval of a condominium project, including without limitation any approval of a conversion to condominium usage, the declaration shall provide that the city at its option has the right and authority to veto any action of the association which would tend to decrease the amount of the regular annual assessment upon a finding by the city that such a decrease could or would adversely affect the long-run maintenance of the condominium structure and/or its common areas. To enable the city to exercise said optional veto, the declaration shall provide that association actions to decrease the annual assessment do not become effective until sixty days after written notice of such action is given to the city.

(k) Utility Easements Over Private Streets and Other Areas. If the condominium project contains private streets, provision shall be made for public utility easements over the entire private street network. The city planning commission may also require public utility easements adjacent to public streets or over other portions of the project to accommodate fire hydrants, water meters, shall be limited to the sale and/or supply of motor fuels and oils, to the sale of lines and similar urban infrastructure. The city planning commission may also require access routes necessary to assure that fire fighting equipment can reach and operate efficiently in all areas of the project.

(l) Amendment of the Declaration. Any amendment to the declaration which would amend, modify, delete or otherwise affect any provision required by this subsection shall require the prior written approval of the city. To that end, no such amendment of the declaration shall be effective unless:

(i) The text thereof shall have been submitted to the city thirty days prior to its adoption by the owners;

(ii) Either the city has approved the amendment or failed to disapprove it within said thirty-day period; and

(iii) The recorded instrument effecting such amendment shall recite that it was so submitted and approved or not disapproved. (Ord. 2011 § 1 Exh. A (part), 8-27-96)

(10) Conversions of Residential Structures to Condominiums. Any proposal to convert existing apartments to condominiums shall be subject to the approval of a site plan and the filing and approval of a subdivision map pursuant to the requirements of Title 12 South Gate Municipal Code.

(Ord. 2011 § 1 Exh. A (part), 8-27-96; Ord. 1477 § 1, 5-26-81; Ord. 1279 § 2, 12-8-75)

11.30.170 Trash areas for two or more dwelling units.

Every residential building containing two or more dwelling units shall provide a space of not less than eight square feet per dwelling unit for a trash and garbage collection area.

(Ord. 990 § 1, 1-10-66)

11.30.180 Petroleum products service station standards.

(1) General provisions. All petroleum products service stations shall be subject to the following provisions:

(a) Conditional Use Permit.

(1) The establishment of new or the re-establishment of existing petroleum products service stations closed for a period exceeding sixty days shall be subject to the issuance of a conditional use permit.

(2) Every building, or portion of a building hereafter erected, relocated, structurally altered, or provided with additional floor space shall be subject to the issuance of a conditional use permit. (Ord. 1452 § 1, 11-24-80: Ord. 1362 § 1, 1-23-78).

(b) Site Location. When zoned for such use, petroleum products service stations may be permitted at the intersection of two major, a major and secondary, or two secondary highways only, as defined in the circulation element of the city of South Gate general plan.

(c) Lot Area and Street Frontage. The minimum permitted area for a petroleum products service station, a self-service petroleum products station and petroleum products and other retail sales stations shall be seventeen thousand five hundred square feet. The minimum permitted street frontage for a petroleum products service station shall be one hundred twenty-five feet.

(d) Plans Required. Complete plans shall be submitted for proposed new or remodeled petroleum products service stations including but not limited to buildings, pump islands, walls, setbacks, landscaping, lighting, storage and refuse areas, drainage, and curb cuts.

(e) Paving and Drainage. The entire ground area of the site, except for building and planting areas, shall be paved with asphaltic concrete or cement concrete, a minimum of three inches in thickness, and shall be so graded and drained to dispose of all surface water. Drainage shall be taken to the nearest public right-of-way and away from adjoining property, and must be carried under sidewalks in an approved structure.

(f) Walls. A decorative masonry wall, compatible with the main building, shall be required on all interior property lines except where a conforming wall or building exists. The wall shall be a minimum of five feet in height. Where the wall is in a street setback area or corner cut off area, the height shall be reduced to thirty-six inches.

(g) Landscaping. Planters shall be provided along street frontages, except for driveways. In addition, a planter shall be provided at the intersection of exterior (street) property lines to the satisfaction of the director of community development. The planters shall be a minimum of three feet in width, and shall be protected by a masonry curb not less than six inches in height. The plants shall be equipped with a permanent automatic irrigation system, and shall be continually maintained.

(h) Lighting. All exterior lighting shall be so arranged as to be directed onto the premises such that there shall be no glare or reflection onto adjacent properties or public rights-of-way. Such lighting shall emanate only from fixtures located under canopies or hoods, under eaves of buildings, and at ground level in the landscaping.

(i) Refuse Storage Areas. A refuse storage area shall be provided. Such refuse storage area shall be enclosed with a decorative masonry wall, compatible with the main building, and provided with a solid gate. Such wall and gate shall be a minimum of five feet in height.

(j) Petroleum Products Fill Pipes. Fill pipes for underground petroleum products storage shall be located no less than fifteen feet from any property line, and situated such that petroleum products delivery vehicles do not block public rights-of-way during filing operations. The fire and safety code may dictate a greater distance between any property line and said fill pipes.

(k) Onsite Noise. All gongs or bells for the signal system shall be mounted inside the building. All permitted vehicle maintenance and repair shall be conducted entirely within an enclosed building. Noise generated onsite shall not exceed the decibel level (as measured on the “A” weighted scale) of the street background noise when measured at property lines with an A.S.A. approved decibel meter.

(l) Utilities. All utilities, including electric and telephone, shall be placed underground.

(m) Public Restrooms. A public restroom is required for a petroleum products service station, a self-service petroleum products station and petroleum products and other retail sales station. The restrooms shall be screened from public view with a decorative block wall no less than five feet in height.

(n) Liquefied Petroleum Gas (LPG) Storage and Retail Sales, subject to the issuance of a conditional use permit and the following provisions:

(1) All LPG applications shall comply with Chapter 10.12 (Uniform Fire Code) of the South Gate Municipal Code and all other applicable regulations of the county of Los Angeles and the state of California.

(2) LPG tanks shall be protected from impact from vehicles by means of crashposts, fences, railings or similar structures. Where crashposts are used, they shall be no less than five feet long with two feet below ground and enclosed in concrete. Such posts shall be no less than four inches in diameter and be filled with concrete. Posts shall be spaced five feet apart on centers (maximum) and at least three feet from the storage tanks. Crashposts shall be connected by four-inch pipe crossbars, welded to the crashposts. Where fences or railings are used, crossbars no less than two inches in diameter shall be installed. Other materials may be used, but shall provide equivalent protection as described above. No materials used shall hamper free ventilation around the tanks.

(3) All LPG tanks shall be affixed to the ground and shall have attached concrete pads to the feet of said tank when located on surfaces other than concrete.

(4) All LPG applications shall limit the tank size to one thousand one hundred fifty gallons.

(5) All LPG applications shall only be an ancillary permitted use to a petroleum products service station operation.

(6) No self-service LPG facility shall be permitted.

(7) LPG fuel shall be dispensed from and into certified containers, meeting the certification standards as set by either the American Society of Mechanical engineers, code Section 8, Division 1, or the National Fire Protection Association Code - Pamphlet 8.

(8) All liquefied petroleum gas storage containers shall be located no less than fifty feet from residentially zoned properties. (Ord. 1509 § 1, 3-8-82).

(o) Provide water and compressed air to the public at no charge during the hours of operation. (Ord. 1831 § 3, 2-13-90).

(p) Automobile repair - Minor. Automobile repair bays for minor automotive repairs are permitted where it is an allowed use by the zoning code. (Ord. 1831 § 4, 2-13-90).

(q) Automobile repair - Major. Automobile repair bays for major automotive repairs are permitted where it is an allowed use by the zoning code. (Ord. 1831 § 5, 2-13-90).

(2) Self-service Petroleum Products Station. The following standards and criteria shall be applicable to new or reconstructed self-service petroleum products stations:

(a) Operations. Operation of a self-service petroleum products service station shall permit the sale of motor fuels and oils. The sale of such automotive items, as are generally required by the motorist, is also permitted, but only within a building. Display racks of automotive related products are prohibited on pump islands or outside of a building.

The sale or rental of utility trailers, mobile homes, campers, garden implements, etc., is prohibited. Service operations, with the exception of ordinary and usual driveway services performed by the motorist, are prohibited. (Ord. 1831 § 6, 2-13-90).

(b) Building. A building shall be maintained onsite to regulate the petroleum products, pumps, provide for cashiering and sell products permitted in subsection (2)(a) above. (Ord. 1831 § 7, 2-13-90).

(c) Setbacks. Building setbacks shall be no less than ten feet from any exterior (street) property line and fifteen feet from any interior property line. Pump islands shall be no less than fifteen feet from any property line.

(d) Parking. Parking for one vehicle is required adjacent to the building to be provided onsite. The parking space shall be situated so as not to interfere with the onsite vehicular circulation.

(e) Hours of Operation. Hours of operation shall be unlimited.

(f) Prohibitions. Uses not expressly permitted for the operation of self-service petroleum products stations are prohibited.

(3) Petroleum Products and Vehicle Service Station. The following standards and criteria shall be applicable to new or reconstructed petroleum products and vehicle service stations:

(a) Operations. Operation of a petroleum products and vehicle service station shall permit the sale of motor fuels, oils, and greases. The sale of such automotive items as are generally required in the operation and maintenance of motor vehicles, and the sale of such nonautomotive items as are generally required by the motorist is also permitted. Dispenser racks of automotive related products may be located on pump islands or in an area within three feet of the building.

The sale of utility trailers, mobile homes, campers, garden implements, etc. is prohibited. However, the rental of vehicles and equipment is permitted as an adjunct to the service station business; provided it is otherwise permitted in the zone; and further provided, that no trucks with a load capacity exceeding one ton are rented. Such vehicles and equipment shall be stored within a building, or within a separate enclosure. Such enclosure shall consist of a decorative masonry wall of materials compatible with the building and no less than five feet in height. The lot area required for such vehicles and equipment rental shall be in excess of the seventeen thousand five hundred square foot minimum permitted lot size set forth in subsection (1)(b) above.

All service operations, with the exception of ordinary and usual driveway services, shall be conducted within a building and shall not include heavy repair or services such as those requiring the removal and/or disassembly of engine, transmission, or differential, body and fender repair, painting, tire recapping, and upholstery work other than the installation of seat covers. The automotive work stated above may be permitted if the service station is located in a zone which permits these activities; provided, that the work is done within an enclosed building.

(b) Building. A building shall be maintained onsite to provide services, storage, and sell products permitted in subsection (3)(a) above. Such building shall not provide less than six hundred square feet of floor area.

(c) Setbacks. Building setbacks shall be not less than thirty feet from any street or interior property line. Pump islands shall be not less than fifteen feet from any property line.

(d) Parking. Off-street parking spaces shall be required as follows: one space for each full-time day employee, one space for each service bay and one space for each service vehicle. No inoperative vehicle may be parked or stored over seventy-two hours.

(e) Hours of Operation. Hours of operation for the servicing of gasoline and lubricants shall be unlimited. Other minor servicing operations shall be permitted at all times unless the site is adjacent to a residential use, in which case such repair operations shall be limited to between the hours of seven a.m. and ten p.m.

(f) Prohibitions. Uses not expressly permitted for the operation of petroleum products and vehicle service stations are prohibited.

(4) Petroleum Products and Other Retail Sales Station. The following standards and criteria shall be applicable to new or reconstructed petroleum products and other retail sales stations:

(a) Operation. Operation of a petroleum products and other retail sales station shall be limited to the sale of motor fuels and oils; the sale of such automotive items as are generally required in the operation and maintenance of motor vehicles; and the sale of such nonautomotive items as are generally required by the motorist. The sale of such automotive and nonautomotive items shall only be permitted within a building. Dispenser racks of automotive related products are prohibited on pump islands or outside of a building.

Retail convenience markets providing food and nonfood items are permitted. However, the rental of storage lockers, and the sale or rental of utility trailers, mobile homes, campers, garden implements, etc., is prohibited. Service operations, with the exception of ordinary and usual driveway services performed by the motorist, are prohibited.

(b) Building. A building shall be maintained onsite to provide services and sell products permitted in subsection (4)(a) above. Such building shall not provide less than six hundred, nor more than three thousand square feet of floor area, including the restroom required for the attendant. The restroom shall open to the inside of the building.

(c) Setbacks. Building setbacks shall not be less than thirty feet from any exterior (street) property line, nor less than ten feet from any interior property line. Pump islands shall not be less than fifteen feet from any property line.

(d) Parking. Off-street parking shall be provided onsite as required for a retail store. Such off-street parking area shall be situated so as not to interfere with the onsite vehicular circulation.

(e) Hours of Operation. Hours of operation shall be unlimited.

(f) Prohibitions. Uses not expressly permitted for the operation of petroleum products and other retail sales stations are prohibited.

(g) Sales of Alcoholic Beverages.

A. New Petroleum Product Service Stations. The sale of alcoholic beverages at new petroleum product service stations shall be subject to the issuance of a conditional use permit as provided for in Chapter 11.39 of this title.

B. Existing Petroleum Product Service Stations. Petroleum product service stations engaging in the sale of alcoholic beverages as existing nonconforming uses shall be subject to all provisions of Chapter 11.39 of this title as they pertain to existing nonconforming uses operating as off-sale liquor establishments, and to all applicable provisions of the Business and Professions Code as they pertain to the concurrent retailing of motor vehicle fuel with beer and wine for off-sale consumption including, without limitation, Section 23790.5 thereof.

(5) Abandonment. Abandonment of any petroleum products service station shall be considered a violation of this chapter, subject to the abatement procedures set forth in Section 11.48.060, the imposition of other civil remedies set forth in Section 11.48.120, and the imposition of criminal sanctions set forth in Sections 11.48.130 and 11.48.140. Abatement measures that the director of building may order the owner of an abandoned petroleum products service station to undertake pursuant to Section 11.48.060(b)(1) or may undertake or cause to be undertaken pursuant to Section 11.48.060(b)(4) include, but are not limited to, removal of all structures in, on, upon or underneath the property on which the abandoned petroleum products service station is located; closure of such structures; and remediation of any environmental hazards or damages caused by such structures or by their abandonment. In any case where the owner has not abated the nuisance caused by the abandonment of the petroleum products service station according to the procedures set forth in Section 11.48.060, the director of building may notify any federal, state, county or other appropriate governmental or regulatory agency having jurisdiction thereof, of the unabated abandonment and request the immediate revocation of any unexpired licenses or permits, and may further revoke or cause to be revoked any applicable city permits or licenses. No city business license or permit shall be issued to the owner of an abandoned petroleum products service station if, following proceedings pursuant to Section 11.48.060, the owner has failed or refused to abate the nuisance caused by such abandonment or has failed or refused to reimburse the city for the full costs of such abatement. (Ord. 1942 § 1, 3-23-93: Ord. 1362 § 1, 1-23-78).

(Ord. 1942 § 1, 3-23-93; Ord. 1923 § 3, 10-27-92; Ord. 1902 § 11, 2-25-92; Ord. 1831 §§ 3-7, 2-13-90; Ord. 1704 § 1, 6-23-86; Ord. 1509 § 1, 3-8-82; Ord. 1362 § 1, 1-23-78; Ord. 1341 §§ 18 and 20, 8-8-77: Ord. 1275 § 1, 10-27-75 (repealed); Ord. 1314 § 1, 8-27-73; Ord. 1097 § 7, 4-28-69 (repealed))

11.30.190 Sale of personal property in residential zones prohibited.

Unless specifically exempted from such prohibition, no person shall display, sell or offer for sale to the general public any personal property in any residential zone except as authorized by a permit issued pursuant to the provisions of Chapter 2.52 of Title 2 of this code. This prohibition shall apply to sales to the general public of personal property commonly known as “garage sales,” “yard sales,” “patio sales,” “rummage sales,” “estate sales” and the like.

(Ord. 1858 § 1, 1-14-91: Ord. 1159 § 1, 12-13-71)

11.30.195 Approval procedure for installation of solar devices.

Installation of any solar collector device upon any property, either roof mounted or otherwise visible from any street or adjacent property, shall be subject to review and approval by the director of community development.

(Ord. 1438 § 1, 2-25-80)

11.30.198 Approval procedure for the installation of receivers for satellite direct television signals.

Installation of any satellite television receiver upon any property shall be subject to review and approval by the director of community development, and subject to the following requirements:

(1) No more than one satellite receiver dish shall be permitted on any residential site;

(2) The satellite receiver dish structure shall be located in the rear yard and shall not be visible from street view (street elevation).

(3) The structure, including the receiving dish, shall not exceed the height of the roofline of the on-site residential building.

(Ord. 1653 § 1, 3-25-85)

11.30.200 Remodeling of residential dwellings—Architectural compatibility.

The approval or issuance of any permit for the remodeling of a single-family, two-family or multiple-family residential dwelling may be conditioned by the City so as to require that additional improvements or modifications be made to ensure that any addition to the existing residential dwelling is architecturally compatible with the main dwelling unit.

(Ord. 1881 § 12, 7-22-91)

11.30.210 Recycling provision within trash enclosures.

Additional space shall be provided in all new construction which meets the following criteria:

(a) New residential construction of five or more units shall provide, at minimum, eight additional square feet per unit within the trash enclosure(s) required. This is in addition to the area required in Section 11.30.170.

(b) New institutional construction shall provide adequate area for recycling. The space shall be determined after consultation with the applicant and the trash hauler and shall be approved by the director of community development. The enclosure shall meet the construction standards for commercial establishments.

(c) New commercial construction shall provide each establishment with a space for recycling consisting of, at minimum, a six by four foot area enclosed by a six foot high wall closed with solid steel gates.

(d) New industrial construction shall provide, at minimum, ten square feet of space per one thousand square feet of building. Enclosures which are accessible to the public shall meet the construction standards for commercial establishments.

(e) Any remodeling or additions to a facility or combination of these within one year which adds ten percent of the existing value or thirty percent to the floor area of a facility shall trigger the addition of recycling space as if it were new construction.

(f) Required trash and/or recycling enclosures shall be constructed of concrete block wall, or equivalent, a minimum of five feet high and closed with solid steel doors. The enclosure shall be large enough to accommodate the required trash storage and recycling containers.

(Ord. 1957 § 1, 8-24-93)

11.30.220 Density bonuses.

1. Definitions.

a. “Density bonus units” means those units that are approved above the density of the applicable zone and general plan land use designation. For the purpose of these density bonus provisions, density bonus units may be granted only after the determination has been made by the department of community development that the subject property can support the development of at least three units without the approval of a variance. In addition, only the density bonus units may be granted the development standard incentives, unless otherwise specified by this section.

b. “Permitted units” means the specific number of units that may be constructed on a particular site, pursuant to its zoning classification and general plan land use designation, as well as its compliance with all applicable development standards of that zone. For the purpose of these density bonus provisions, at least three permitted units must be supported by a property prior to granting a density bonus. In addition, the permitted units may not be granted the development standard incentives, unless otherwise specified by this section.

2. Very Low and Low Income Households.

a. In order to encourage the provision of housing for very low and low income households, an applicant for a project in the R-3 (multiple family residential) zone and within close proximity to commercial, medical and transit services may request and the city may grant, with appropriate findings, an increase of at least twenty-five percent above the highest density of the applicable zone and general plan land use designation, if the project complies with one or more of the following:

(1) At least twenty percent of the total units in the project are restricted to the rental or purchase by persons and families of low income, as established by the U.S. Department of Housing and Urban Development income limits; or

(2) At least ten percent of the total units in the project are restricted to the rental or purchase by very low income households, as established by the U.S. Department of Housing and Urban Development income limits.

b. Density bonus units may be granted subject to the following:

(1) Prior to the granting of a density bonus, the subject property must be able to support the development of at least three units pursuant to the requirements of Chapter 11.12 of the South Gate Municipal Code, without the approval of a variance.

c. Development Standards—Permitted Units. The permitted units for a housing project constructed under the provisions of this subsection shall be subject to the provisions of Chapter 11.12 (R-3, Multiple Family Residential Zone) of the South Gate Municipal Code.

d. Density Bonus—Incentives.

(1) The density bonus units as defined in Section 11.30.210(1)(a) of the South Gate Municipal Code and developed under the provisions of this subsection may be granted the following incentives (it should be noted that only the density bonus units may be granted the following incentives):

(a) A reduction in unit size, as follows:

i. An efficiency unit may be permitted with no less than five hundred square feet.

ii. A one-bedroom unit may be reduced to no less than six hundred square feet.

iii. A two-bedroom unit may be reduced to no less than seven hundred square feet.

iv. A one-bedroom unit designed to accommodate a handicapped person may be reduced to no less than six hundred seventy-five square feet.

v. A two-bedroom unit designed to accommodate a handicapped person may be reduced to no less than seven hundred seventy-five square feet.

(b) At least fifty percent of the density bonus units shall comply with the requirements of the Americans with Disabilities Act.

(c) A modification of the required off-street parking may be granted to no less than two uncovered parking spaces per unit.

(d) A reduction of the required open space may be granted to no less than one hundred square feet for each unit, in which at least fifty square feet may be for common open space purposes.

3. Senior Citizen Households.

a. In order to encourage the provision of housing for senior citizen households, an applicant for a project in the R-3 (multiple family residential) zone and within close proximity to commercial, medical and transit services may request and the city may grant, with appropriate findings, an increase of at least twenty-five percent above the highest density of the applicable zone and general plan land use designation, if the project complies with the following:

(1) At least fifty percent of the total dwelling units in a housing development are qualified as senior citizen residents, as defined by the U.S. Department of Housing and Urban Development.

b. Density bonus units for senior citizens may be granted subject to the following:

d. Density Bonus—Incentives.

(1) The density bonus units as defined in Section 11.30.210(1)(a) of the South Gate Municipal Code which are specifically designated for senior citizens and constructed under the provisions of this subsection may be developed under the following standards (it should be noted that only the density bonus units may be granted the following incentives):

(a) A reduction in unit size, as follows:

i. An efficiency unit may be permitted with no less than five hundred square feet.

ii. A one-bedroom unit may be reduced to no less than six hundred square feet.

iii. A two-bedroom unit may be reduced to no less than seven hundred square feet.

iv. A one-bedroom unit designed to accommodate a handicapped person may be reduced to no less than six hundred seventy-five square feet.

v. A two-bedroom unit designed to accommodate a handicapped person may be reduced to no less than seven hundred seventy-five square feet.

(b) At least fifty percent of the senior citizen units shall comply with the requirements of the Americans with Disabilities Act.

(c) A modification of the required off-street parking may be granted to no less than one uncovered parking space for each bedroom of the unit, in which at least one uncovered parking space must be provided per unit.

(d) A reduction of the required open space may be granted to no less than one hundred square feet for each unit, in which at least fifty square feet may be for common open space purposes.

4. Senior Citizen Developments.

a. In order to encourage the development of senior citizen projects, an applicant for a project in the R-3 (multiple family residential) zone and within close proximity to commercial, medical and transit services may request and the city may grant, with appropriate findings, an increase of at least twenty-five percent above the highest density of the applicable zone and general plan land use designation, if the project complies with the following:

(1) One hundred percent of the dwelling units in a housing development are qualified as senior citizen residents, as defined by the U.S. Department of Housing and Urban Development.

b. Density bonus units for senior citizens may be granted subject to the following:

c. Development Standards. The senior citizen units that are constructed under the provisions of this subsection may be developed under the following standards:

(1) A reduction in unit size, as follows:

(a) An efficiency unit may be permitted with no less than five hundred square feet.

(b) A one-bedroom unit may be reduced to no less than six hundred square feet.

(d) A one-bedroom unit designed to accommodate a handicapped person may be reduced to no less than six hundred seventy-five square feet.

(e) A two-bedroom unit designed to accommodate a handicapped person may be reduced to no less than seven hundred seventy-five square feet.

(2) At least fifty percent of the senior citizen units shall comply with the requirements of the Americans with Disabilities Act.

(3) A modification of the required off-street parking may be granted to no less than one uncovered parking space for each bedroom of the unit, in which at least one uncovered parking space must be provided per unit.

(4) A reduction of the require open space may be granted to no less than one hundred square feet for each unit, in which at least fifty square feet may be for common open space purposes.

5. Density bonus units may be granted as follows:

a. The director of community development may grant a density bonus of up to twenty-five percent through an administrative architectural review application. Projects that are proposed on a parcel containing fifteen thousand square feet or more may require a site plan review application; or

b. The planning commission may grant a density bonus of more than twenty-five percent through a conditional use permit. Projects that are proposed on a parcel containing fifteen thousand square feet or more require a site plan review application. A tract map application will also be required for developments of “for sale” units.

6. Density bonus units may be granted subject to the following conditions:

a. Prior to issuance of any building permits related to the project, the developer shall prepare a covenant suitable for recordation in the office of the county recorder of Los Angeles to be included in the grant deed of the subject property. Said covenant shall include the following provisions:

(1) The total number of dwelling units within the housing development;

(2) The total number of dwelling units designated for very low and/or low income residents or senior citizens;

(3) The incentives granted through the density bonus application;

(4) An exhibit indicating the locations of dwelling units intended for very low and/or low income residents or senior citizens;

(5) A statement indicating that the plans and the approving resolutions of the city are available for public review at the city of South Gate department of community development;

(6) A statement indicating that said density bonus units will be continuously available for use by very low and/or low income persons or senior citizens for a period of not less than thirty years;

(7) A statement indicating that the rental schedule of the density bonus units will be consistent with the limits established for very low and/or low income households or senior citizens, which shall be related to the income limits as established by the U.S. Department of Housing and Urban Development.

b. The city shall have the authority to enter into such other agreements with the developer and with the renters or purchasers of the dwelling units, as may be necessary to assure that the required dwelling units are continuously occupied by eligible households.

c. The developer shall undertake an outreach program for the purpose of notifying potential target income households of the availability of affordable units. Existing residents of the city of South Gate shall be given priority

in occupying the density bonus units. Said program shall be in a form and of a duration acceptable to the city.

d. There shall be no physical differentiation (i.e., unit size, amenities, construction materials, architectural compatibility, etc.) between required affordable and other units.

e. The developer shall ensure that the buyers and tenants meet target income group criteria.

f. Prior to the rental or sale of any density bonus unit, and annually thereafter, the developer shall submit to the department of community development a completed income computation and certification form. The developer shall certify that to the best of its knowledge each tenant renting a density bonus unit is a very low income household, low income household, or senior citizen household, whichever is applicable, and meets the eligibility requirements established for such density bonus unit. The department of community development shall have the authority to verify, by either unit inspections or tenant interviews, the submitted annual income computation and certification.

g. If federal, state, county or city funds are utilized such agreement shall comply with the appropriate regulations.

7. Density Bonus—Additional Provisions.

a. In addition to the provisions contained this section, an application for a density bonus shall also comply with the following provisions:

(1) An application for a density bonus shall contain the following additional information and/or documents:

(a) The total number of dwelling units proposed;

(b) The total number of dwelling units designated for very low and/or low income residents or senior citizens;

(d) A map indicating the locations of dwelling units intended for very low and/or low income residents or senior citizens, and further indicating which units are for rental and which are for sale, if combined in the same proposal;

(e) The market rental rates or purchase sale price, whichever are appropriate, for dwelling units of comparable size and type within the market area of the subject property;

(f) A covenant as Section 11.30.210(6)(a) of this code;

(g) A statement indicating that the availability of dwelling units designated for very low and/or low income or senior citizen housing will be effective for a period of not less than thirty years;

(h) A copy of the rental or sale agreement and disclosure documents shall be placed on file with the city’s department of community development. As amendments occur, such agreements and disclosure documents shall be approved by the city.

8. Density Bonus—Required Finding of Approval.

a. Prior to the approval of a housing project developed under the provisions of this section, the following findings shall be made:

(1) The city of South Gate has adopted an adequate housing element and the project is needed for the city to meet its share of the regional housing needs of low income housing.

(2) The project as proposed will not have a specific adverse impact upon the public health or safety.

(3) The imposition of conditions that are required in order to comply with state or federal law (i.e., the California Environmental Quality Act) are a feasible method to comply with the conditions of approval without rendering the project unaffordable.

(4) Approval of the project would not increase the concentrations of lower-income households in the neighborhood that already has a disproportionately high number of lower-income households.

(5) The project is consistent with the city’s general plan land use designation and the city has adopted a housing element.

(Ord. 1972 § 4, 6-28-94)

11.30.230 Tweedy Boulevard commercial district and Hollydale commercial district color palette.

A. Adoption.

(1) Architectural design, including regulations for the exterior colors of all commercial buildings located in the Tweedy Boulevard commercial district or in the Hollydale commercial district as set forth below:

a. A paint color permit shall be obtained from the department of community development prior to applying any paint, stain or other exterior finish on a commercial property.

b. Property owners and tenants shall be limited to selecting colors from the color palette.

c. The following shall apply toward the exterior colors of all commercial structures:

i. For natural, decorative masonry building materials on commercial structures, the color shall be limited to the natural, unpainted color of said material.

ii. For all other exterior surfaces of commercial structures such as wood and stucco, the colors shall be limited to the colors exhibited in the color palette.

(2) All amendments to the color palette shall be pursuant to a resolution of the planning commission.

B. Appeals for Exterior Color. The planning commission shall have the authority to hear and decide appeals. Such appeals shall be filed in writing on an approved application provided by the planning department. The planning commission decision shall be final ten days after the applicant receives formal written notice of the planning commission’s decision. A decision of the planning commission may be appealed to the city council.

C. Enforcement. The painting of a commercial structure in the Tweedy Boulevard commercial district or in the Hollydale commercial district without an approved paint color permit shall constitute an infraction punishable pursuant to Section 11.51.060 of this code.

(Ord. 2259 § 2, 3-24-09: Ord. 2249 § 2, 4-8-08)