Chapter 18.42
GENERAL PROVISIONS
Sections:
18.42.015 Replacement housing.
18.42.065 Open space – Residential uses.
18.42.075 Landscape regulations.
18.42.080 Setbacks for streets and alleys.
18.42.085 Building setbacks for commercial and industrial development.
18.42.090 Swimming pool setback areas.
18.42.100 Permitted projections into required yards.
18.42.110 Protection of intersection visibility.
18.42.120 Residential criteria.
18.42.140 Utilities and mechanical equipment.
18.42.150 Security and lighting plan.
18.42.160 Reverse vending machines.
18.42.170 Pedestrian amenities.
18.42.180 Display of addresses.
18.42.200 Pre-permit requirements.
18.42.210 Post-permit requirements.
18.42.010 Scope.
A. The general provisions set forth in this chapter shall apply to development regulated by this title.
B. Development standards for residential, mixed use, and overlay zones apply as set forth below.
|
R-1 |
R-2 |
R-3 |
R-4 |
R-6 |
MUO |
AMU |
C-R |
HO |
---|---|---|---|---|---|---|---|---|---|
18.42.065 – Open space – Residential uses |
- |
A |
A |
A |
A |
A |
- |
A |
A |
18.42.070 – Fences and walls |
A |
A |
A |
A |
A |
A |
A |
A |
A |
18.42.075 – Landscape regulations |
- |
A |
A |
A |
A |
A |
A |
A |
A |
18.42.080 – Setbacks for streets and alleys |
A |
A |
A |
A |
A |
A |
- |
A |
A |
18.42.085 – Building setbacks for commercial and industrial development |
- |
- |
- |
- |
- |
- |
- |
- |
- |
18.42.090 – Swimming pool setback areas |
A |
A |
A |
A |
A |
A |
A |
A |
A |
18.42.095 – Residential design |
A |
- |
- |
- |
- |
- |
- |
- |
- |
18.42.100 – Permitted projections |
A |
A |
A |
A |
A |
A |
A |
A |
A |
18.42.110 – Intersection visibility |
A |
A |
A |
A |
A |
A |
A |
A |
A |
18.42.120 – Residential criteria |
- |
A |
A |
A |
A |
A |
A |
A |
A |
18.42.130 – Refuse enclosures |
- |
- |
A |
A |
A |
A |
A |
A |
A |
18.42.140 – Utilities and mechanical equipment |
- |
A |
A |
A |
A |
A |
A |
A |
A |
18.42.150 – Security and lighting plan |
- |
- |
A |
A |
A |
A |
A |
A |
A |
18.42.160 – Reverse vending machines |
- |
- |
- |
- |
- |
- |
- |
- |
- |
18.42.170 – Pedestrian amenities |
- |
- |
A |
A |
A |
A |
A |
A |
A |
18.42.180 – Display of addresses |
A |
A |
A |
A |
A |
A |
A |
A |
A |
18.42.190 – Pet relief areas |
- |
- |
A |
A |
A |
A |
- |
A |
A |
18.42.200 – Pre-permit requirements |
- |
A |
A |
A |
A |
A |
A |
A |
A |
18.42.210 – Post-permit requirements |
- |
A |
A |
A |
A |
A |
A |
A |
A |
“-” means not applicable; “A” means the standard applies
(Ord. 1873 §§ 1, 4, 2024; Ord. 1848 § 23, 2023; Ord. 1847 § 23, 2023; prior code § 10-3.2101)
18.42.015 Replacement housing.
The following provisions apply to the replacement of housing units:
A. Replacement Housing – Density Bonus Projects.
1. Replacement housing in density bonus projects shall be required for all protected units as set forth in Government Code Section 65913(c)(3).
2. This requirement applies to any housing development project of five or more residential units, including mixed-use developments.
3. Replacement units shall be located on the site of the housing development project.
B. Replacement Housing – Housing Crisis Act.
1. During such time as Government Code Section 66300 et seq., the Housing Crisis Act, is in effect and Gardena is considered an “affected city” thereunder, the developer shall be required to provide replacement housing and tenant benefits in accordance with all applicable requirements of Government Code Section 66300.6.
2. This requirement applies to any housing development project of two or more units or any nonresidential project which develops on a site which has protected housing units under the Housing Crisis Act.
3. If the project is a residential project, the replacement units shall be located on site of the housing development project.
4. If the project is a nonresidential project, the replacement units may be located on a different site within the city, but the replacement units must be developed prior to or concurrently with the development project. The city shall not issue a certificate of occupancy for the nonresidential project until the replacement units are under construction. The developer may contract with another entity to develop the required replacement housing.
C. Replacement Housing – Housing Element Inventory Sites.
1. Replacement housing for projects developed on housing inventory sites shall be required as set forth in Government Code Section 65583.2(g)(3).
2. This requirement shall apply to a residential or nonresidential project which develops on an inventory site which had housing protected under Government Code Section 65583.2(g)(3).
a. If the project is a residential project, the replacement units shall be located on site of the housing development project.
b. If the project is a nonresidential project, the replacement units may be located on a different site within the city, but the replacement units must be developed prior to or concurrently with the development project. The city shall not issue a certificate of occupancy for the nonresidential project until the replacement units are under construction. The developer may contract with another entity to develop the required replacement housing.
D. Replacement Housing – Supportive Housing.
1. Replacement housing for supportive housing projects governed by Chapter 18.76 shall be required to provide replacement housing in accordance with Government Code Section 65915(c)(3).
E. Applicants shall be required to provide required information on a development application form under penalty of perjury.
F. If a development project falls under more than one subsection above, it shall be required to comply with the most stringent provisions in cases of conflict. (Ord. 1866 § 9, 2024)
18.42.020 Keeping of animals.
A. Animal Defined. For the purposes of this section, “animal” shall mean any living being which is not human or vegetable.
B. Types. It is unlawful to keep any animal within the city other than domesticated dogs, cats and adult fowl, including doves and pigeons.
C. Number Permitted. A maximum of three weaned dogs, or three weaned cats, or three adult fowl, or any three combination thereof shall be permitted on any one lot or parcel in any zone.
D. Conditional Use Permits Required. The keeping of any animal not mentioned in subsection B of this section and/or animals in excess of the limits set forth in subsection C of this section may be permitted subject to the approval of a conditional use permit pursuant to Chapter 18.46.
E. Enclosures. All adult fowl permitted shall be kept in an enclosure in the rear yard, and at least five feet from the rear and side property lines, and at least twenty-five feet from any school, church, public building, hospital, group care facility, or any residence not on the property.
F. Public Nuisances. It is unlawful to keep, maintain, feed or further sustain conditions for animals which create objectionable odors or noise if such unreasonably interfere with the comfortable and peaceful use of adjacent properties and/or constitute a health hazard. If, upon an investigation by the city, it is determined that a nuisance does in fact exist, the owner of the property upon which such nuisance is found to exist shall abate such nuisance within ten days after written notification from the city. (Ord. 1756 § 1, 2014: prior code § 10-3.2102)
18.42.030 Satellite antennas.
No person shall install, have installed, or maintain any satellite antenna in excess of one meter in diameter designed or used for the transmission and/or the reception of any electronic communication signal relayed to or from an earth satellite, unless a building permit is obtained from the building and safety division. Such permit shall be subject to review by the community development director to ensure compliance with all applicable requirements. Such satellite antennas may be located in any zone in the city; provided, however, they shall not be installed on or project above the roofs of residential buildings, in any required front yard areas, or in side yard areas of corner lots. Further, when such antennas are installed they shall, to the extent possible, be properly screened from view from streets and from abutting properties to the satisfaction of the community development department. (Ord. 1873 § 5, 2024; prior code § 10-3.2103)
18.42.040 Uses.
All buildings erected, reconstructed, altered, enlarged, moved, or maintained, and any existing building and the land upon which it exists, shall be used only for the purposes permitted in the zone in which such building or land is located and then only after applying for and securing all permits and licenses required by law. Any building or structure moved from one lot or premises to another shall be made to conform to all the provisions of this chapter and shall be of the general character of the existing buildings in the neighborhood or better.
A. Similar Use Determination. In the event a specific use or type of use is not listed in any zone, the community development director shall have the authority to determine which listed use is most similar to the proposed use and thereby determine if the proposed use is permitted, subject to a conditional use, site plan review, temporary use permit, or prohibited.
1. A use specifically listed in one or more zones shall not be permitted as “similar” in a zone where it is not listed by the procedure set forth above. If such use is desired to be added to such zone, it shall be through the amendment procedures pursuant to the provisions of Chapter 18.52.
2. The community development director’s decision may be appealed pursuant to the provisions of Chapter 18.72.
3. A permanent record shall be maintained of the community development director’s decision and other applications for such use shall be treated in accordance with such decision.
B. If the community development director determines that the proposed use is not similar to any use or any conditionally permitted use, and not expressly prohibited, the use may be permitted pursuant to the conditional use permit procedure set forth in Chapter 18.46; provided, that the use is in no way detrimental to surrounding properties or other uses permitted in the zone.
C. Unlawful Uses. Uses that are unlawful under federal or state law shall not be treated as permitted uses, and shall not be determined to be similar uses pursuant to this section. (Ord. 1764 § 5, 2016; Ord. 1738 § 24, 2012: Ord. 1711 § 3, 2008; Ord. 1683 § 56, 2006; Urg. Ord. 1682; prior code § 10-3.2104)
18.42.050 Height.
All buildings erected, and existing buildings which may be reconstructed, altered, moved, maintained, or enlarged, shall comply with the height regulations of the zone in which they may be located. (Ord. 1738 § 35, 2012: Ord. 1673 § 1, 2005; prior code § 10-3.2105)
18.42.060 Lot area.
A. All buildings erected, and existing buildings which may be reconstructed, altered, moved, maintained, or enlarged, shall comply with the area regulations of the zone in which they may be located.
B. The minimum lot area shall be that prescribed in each zone by this chapter, and such lot area shall not be reduced, diminished or maintained so that the yards or open spaces shall be smaller than that prescribed by this chapter, and the density of population shall not be increased in any manner, except in conformity with the area regulations of the zone in which the property is located. The open spaces provided around any building shall not be considered as providing the yard or open spaces of any other buildings, and the required yard or open spaces on an adjoining lot shall not be considered as providing a yard or open space on a lot whereon a building is to be erected.
C. Every building erected shall be located on a lot as defined in Chapter 18.04 of this code.
D. Every individual parcel of land at the time it was first zoned shall be deemed to be one lot, and not more than one main building shall be permitted on such parcel of land unless all regulations established by this chapter are complied with or a subdivision tract map is recorded with the county recorder, or a record of survey map, approved record of split, or other map is filed with and approved by the commission. If a through lot is improved as one building site, no main building or accessory building shall be located closer to either street than the distance constituting the required front yard on such street. (Prior code § 10-3.2106)
18.42.065 Open space – Residential uses.
A. Open space may be either private or common.
1. “Private open space” must be directly accessible from the individual dwelling unit and may be in the form of patios, decks, balconies, and roof decks.
2. “Common open space” must be accessible to all residents and may include plazas, courtyards and paseo areas. “Open space” shall not include: sidewalks; parking areas; garages; driveways; turning aisles; storage areas; refuse areas; or areas inaccessible to residents.
B. Dimensions.
1. All common areas shall have a minimum continuous area of one hundred fifty square feet and no dimension less than eight feet in any zone;
2. Except for balconies, patios, and decks, private open space shall have a minimum continuous area of one hundred fifty square feet and no dimension less than eight feet;
3. Private balconies, patios, and decks shall have a minimum area of forty square feet and no dimension less than four feet.
C. Landscaping. Not less than ten percent of the area devoted to outdoor open space must be planted and irrigated pursuant to Section 18.42.075.
D. An outdoor swimming pool, jacuzzi, or hot tub (including surrounding decks or walkways) may be substituted for up to fifty percent of open space.
E. Indoor common recreation or gathering spaces may be counted as common space if it is immediately adjacent to and accessible from a common area and does not exceed twenty-five percent of the total required common open space. (Ord. 1873 § 1, 2024; Ord. 1848 § 24, 2023; Ord. 1847 § 24, 2023; Ord. 1804 § 14, 2019)
18.42.070 Fences and walls.
For purposes of this section the term “fence” includes a “wall.”
A. Height.
1. Residential Uses. A fence not more than eight feet in height may be located along the side or rear property lines.
2. Residential front yard fences shall be composed of only the following materials: wood, wrought iron, tubular steel, stone, brick, stucco, or decorative block such as slump stone or split-faced block. If the fence consists of wrought iron or tubular steel, it shall be interspersed with stone, brick, stucco, or decorative block at a minimum of every eight feet.
a. Driveway gates shall be set back a minimum of twenty feet from front or corner side yards.
b. Driveway gates abutting alleys shall be located a minimum of twenty-five feet from the opposite side of the alley.
c. Except as provided by subsection (A)(2)(d) of this section, fences and hedges in the front yard setback shall have a maximum height of three and one-half feet for interior lots and three feet for corner lots in the required front yard setback area. Fences in the front yard beyond the setback shall not exceed eight feet in height.
d. In cluster developments that provide perimeter fencing, fences in the front yard setback may be up to eight feet in height provided the following requirements are met:
i. The fence shall consist of wrought iron or tubular steel and shall be interspersed with stone, brick, stucco, or decorative block at a minimum of every eight feet; and
ii. There is a minimum of five feet of landscaping between the front of the fence and the back of the sidewalk area closest to the fence.
3. Nonresidential Uses. A fence not more than eight feet in height may be located along the side or rear property lines. A fence or hedge shall have a maximum height of three and one-half feet for interior lots and three feet for corner lots in the required front yard setback area when such setback is required pursuant to the provisions of this code.
a. Nonresidential fences shall be composed of only the following materials: wrought iron, tubular steel, stone, brick, stucco or decorative block such as slump stone or split-faced block.
b. Nonresidential fences located on street frontages shall have a minimum three-foot landscape setback.
4. Nonresidential Parking Lot Abutting Residential Zone. Wall enclosure requirements shall be as follows:
a. Where a commercial or industrial parking lot abuts property in a residential zone, a decorative masonry wall at least eight feet in height shall be constructed along the abutting property line. Such walls shall uniformly step down to a height of three and one-half feet within the required front yard setback area of the adjacent property.
b. Where a commercial or industrial parking lot is adjacent to a street or highway, a decorative masonry wall three feet in height or a landscape hedge shall be constructed to serve as a visual screen.
B. Visibility. On a reversed corner lot, or where the rear yards of two corner lots abut each other, or whenever visibility is impaired, a reduction in fence, hedge or wall height to a maximum of three feet or a corner cutback area of ten feet by ten feet shall be required for safety purposes. Such cutback lines shall be in a horizontal plane making an angle of forty-five degrees with the side, front or rear property line, as the case may be.
C. Measurement of Fences. When a fence, wall or landscaping treatment of a specified height is required as a condition of approval to a development request, and there is substantial difference in the finished grade on either side of such fence, the height shall be measured from a grade on the higher side.
D. Prohibited Fences. No electrically charged fence or barbed wire or razor-ribbon type fencing shall be permitted in any zone in the city, except as provided in subsection E of this section.
E. Exceptions.
1. Nothing contained in this section shall be construed to prohibit the erection or construction of a fence, hedge or wall as required by any federal or state law or regulation.
2. For commercial and industrial uses, three strands of barbed wire may be placed atop a fence or wall which is at least six feet in height and is not visible from a street or highway. Razor-ribbon wire may be placed atop a fence which is at least eight feet in height, subject to the approval of a conditional use permit pursuant to Chapter 18.46, provided it is not visible from a street or highway.
3. Minor Variance in Height. The community development director may permit an increase of not more than twenty percent in the permitted height of a side or rear fence, wall or hedge. Such requests shall be filed with the community development department and be accompanied by appropriate plans drawn to scale and a filing fee established by council resolution. The community development director shall review the application, statements and drawings submitted and all pertinent and relevant data and, within thirty days after the filing of an application, render a decision in writing, either approving or denying the request and stating the reason for such action. One copy of the written decision shall be sent to the applicant, and one copy shall be kept on file. (Ord. 1873 § 1, 2024; Ord. 1863 § 4, 2024; Ord. 1848 § 25, 2023; Ord. 1847 § 25, 2023; Ord. 1804 § 13, 2019; Ord. 1738 § 36, 2012: Ord. 1683 § 57, 2006; Urg. Ord. 1682; Ord. 1629 § 16, 2003; prior code § 10-3.2107)
18.42.075 Landscape regulations.
A. For the purposes of this section, the following definitions shall apply:
1. “High water use plants” means plants listed as “high” water use on the WUCOLS plant list for Region 3. The list can be found at:
https://ucdavis.app.box.com/s/sunee4loougj2cmnfeqqmbax1mpvmyv0.
2. “Water efficient” means using plants listed as “low” or “very low” water use on the WUCOLS plant list for Region 3. The list can be found at:
https://ucdavis.app.box.com/s/sunee4loougj2cmnfeqqmbax1mpvmyv0.
3. “WUCOLS” is Water Use Classification of Landscape Species published by California Center for Urban Horticulture, University of California, Davis, and can be found at:
http://ucanr.edu/sites/WUCOLS/.
B. A complete landscaping plan shall accompany site development plans for all newly constructed or expanded buildings or structures in all the multifamily residential, commercial, and industrial zones. This requirement shall not apply to the following:
1. A change in use, involving no addition or alterations to buildings or parking layout;
2. An addition to or alteration of any building or structure required by other provisions of this code or state laws;
3. An addition to or alteration of any building or structure, which does not exceed five hundred square feet.
C. The landscaping plan shall include:
1. The botanical and common names of the plants with a key to each plant so it can easily be located on the plan;
2. The size and quantity of the plants;
3. The spacing and design of landscape material.
D. For commercial and industrial developments, the amount of landscaping required in parking areas and size of planting materials shall be as set forth in Section 18.40.090.
E. Plants.
1. At least seventy-five percent of plantings must be water efficient plants and not more than five percent may be high water use plants or turf grass. California native plants are encouraged, but plants native to other Mediterranean climates (including South Africa and Australia) are permitted.
2. Trees must be a minimum of twenty-four-inch box size. Shrubs must be a minimum of one gallon size.
3. Landscaping shall be placed to not obstruct pedestrian pathways when the plants reach mature size.
F. Landscape maintenance requirements shall be as follows:
1. An automatic sprinkler or irrigation system shall be installed and permanently maintained in working order.
a. The system must include controllers that utilize either evapotranspiration or soil moisture sensor data utilizing nonvolatile memory.
b. Metal cages, painted green, shall be used to protect irrigation check valves and controllers.
c. All above ground piping, such as double detector check valves, shall be placed behind the front setbacks and shall be screened with landscaping and painted green.
d. Protective bollards shall be of a decorative type and/or painted green where appropriate.
2. All landscaping shall be permanently maintained in thriving condition.
3. Lawn and ground covers shall be trimmed or mowed regularly. All planted areas shall be kept free of weeds and debris.
4. Adjustments, replacements, repairs and cleaning of plant material shall be a part of the regular maintenance.
5. Stakes, guys, and ties on trees shall be checked regularly for correct function. Ties shall be adjusted to avoid creating abrasion or girding on trunks or branches.
G. Nonplanted Areas.
1. Seating areas, fire pits, patios, and shade structures, etc., may be substituted for up to fifty percent of the planted area requirement. These areas may be paved with brick or stone pavers, decomposed granite, raised wood or artificial wood platforms, or decorative concrete pavers.
2. Poured concrete and asphalt are not permitted except to provide accessible pathways and courts for sports such as tennis and basketball.
3. Hardscape, such as stone, gravel, decomposed granite, and pavers, may be used in front and side setbacks as follows:
a. Hardscape may not exceed fifty percent of the required setback area;
b. Hardscape in required open space shall not exceed ninety percent of the total open space area;
c. All hardscape in the front setback area must be buffered from the public right-of-way by a minimum four-foot landscaped strip that must be:
i. Planted with living plant materials pursuant to subsection E of this section; and
ii. Be irrigated pursuant to subsection F of this section;
4. Sculptures, shade structures, fountains, and other constructed or erected features are limited to not more than twenty percent of the front yard or more than fifty percent of required open space;
5. Water Features. Except for birdbaths, only recirculating water features may be used. (Ord. 1873 § 1, 2024; Ord. 1848 § 26, 2023; Ord. 1847 § 26, 2023; Ord. 1804 § 15, 2019)
18.42.080 Setbacks for streets and alleys.
No building, structure or other permanent improvement, exclusive of temporary signs and movable fences, shall be constructed or placed within the existing and planned rights-of-way for the streets and alleys required by Chapter 13.44 of this code. All building setbacks and yards shall be measured from such minimum rights-of-way. (Ord. 1683 § 58, 2006; Urg. Ord. 1682; prior code § 10-3.2108)
18.42.085 Building setbacks for commercial and industrial development.
The following building setbacks shall be established and maintained in addition to setbacks that may be required for planned rights-of-way for new and expanded structures:
1. Front building setback:
a. Where Commercial or industrial zoned property fronts a street, there shall be a building setback not less than ten feet, which shall be landscaped and maintained.
b. Where Commercial or industrial zoned property abuts or is adjacent to a R zone, there shall be a building setback not less than twenty feet, which shall be landscaped and maintained.
c. Where Commercial or industrial zone property faces a R zone, there shall be a building setback not less than twenty feet, which shall be landscaped and maintained.
2. Side building setback:
a. Where Commercial or industrial zone property sides upon a street, there shall be a side yard not less than ten feet abutting the street, which shall be landscaped and maintained.
b. Where the side or rear lot line of Commercial or industrial property abuts any R zone and there is no intervening alley, there shall be a side yard not less than five feet. There shall also be an eight-foot-high solid masonry wall erected and maintained along the side lot line abutting any R zone; provided, however, such wall shall be only three and one-half feet high from the building line of the R zone to the front lot line any street frontage.
3. Rear building setback:
a. Where commercial industrial zone property rears upon a street, there shall be a rear-building setback of not less than ten feet, which shall be landscaped and maintained.
b. Where the rear lot line abuts any R zone and there is no intervening alley, there shall be a building setback of not less than five feet and an eight-foot-high solid masonry wall shall be erected and maintained along the rear lot line abutting any R zone; provided, however, such wall shall be only three and one-half feet high within the ten feet closest to a street.
c. Rear building setbacks may be used for off-street parking or storage, except as described in subsection B(3)(b) of this section, where the yard is of adequate size and depth and the provisions of Chapter 18.40 of this code are met. When such yard is used for storage, the height of such storage shall not exceed six feet. (Ord. 1683 § 59, 2006; Urg. Ord. 1682)
18.42.090 Swimming pool setback areas.
A swimming pool and related equipment shall not be located in any front yard, nor closer than five feet to any lot line or any building or structure, nor within the limits of any public utility easement or within planned rights-of-way. (Ord. 1683 § 60, 2006; Urg. Ord. 1682; prior code § 10-3.2110)
18.42.095 Residential design.
All new and expanded residential developments shall be required to demonstrate compliance with the following design criteria:
A. Scale and Massing. The general perception of the size and volume of a building shall be compatible with and not more massive than that of surrounding buildings. Multiple massing, front facing and varied facade detailing are methods that can be used to reduce the scale of two-story homes.
B. Street-Facing Entries. Homes shall have primary entrances and doorways oriented toward the street, rather than away from the street, to the greatest extent feasible.
C. Architectural Detailing. Structures and walls and rooflines of structures shall contain a variety of distinct parts, architectural elements and surface treatments.
D. Rooflines. The rooflines provide a finishing visual detail for the residential structure. Varied rooflines reduce the scale of development. Single massing and box-like structures with minimal facade articulation shall be prohibited.
E. Garages, Driveways and Parking. The structures and paved surfaces devoted to cars have a major impact on the visual quality of the neighborhood and shall not dominate, detract from the architectural details or divide the visual impact of the site.
F. Walls and Fences. While they can provide privacy and a perception of security, walls and fences affect the visual quality of the neighborhood. Walls and fences visible from the street shall be compatible with the finish material and architecture of the structures and softened with landscape treatment placed at the base of or grown on the face of the wall or fence.
G. Materials, Color and Texture. The pattern of colors, materials and surface treatment of structures affect not only the image of the buildings, but also the overall identity of the neighborhood. Selection of materials, color and surface treatment shall be compatible with architectural style of the structures. Neutral colors with the use of appropriate accent colors are the easiest to maintain and are preferred. (Ord. 1873 § 6, 2024; Ord. 1738 § 37, 2012: Ord. 1683 § 61, 2006; Urg. Ord. 1682)
18.42.100 Permitted projections into required yards.
The following authorized projections into required yards shall apply to both main and accessory buildings in any zone:
A. Fences, hedges, landscaping and guardrails: open fences, hedges, landscaping, and guard rails not more than three and one-half feet in height;
B. Fire escapes and stairs: a maximum of four feet; provided, however, such projections shall not be closer than three feet from side and rear property lines;
C. Cornices, belt courses, sills and similar architectural features:
1. Front yards: a maximum of four feet, and
2. Side and rear yards: a maximum of four inches for each one foot of the width of such required side or rear yard.
Exception: In the R-1 zone, a thirty inch eave encroachment may be permitted provided the eave is no closer than two and one-half feet from the property line and a clear space of five feet is maintained between eaves on adjoining properties;
D. Porches, platforms, patios and landing areas that do not extend above the first floor of the building:
1. Front yards: a maximum of four feet, provided any railing is open and no higher than thirty-six inches in height.
2. Side and rear yards: a maximum of two and one-half feet, provided there is at least 3 feet between the projection and the property line, and
3. Interior courts: a maximum of twenty percent of the width of the court and in no case more than five feet; and
E. Balconies:
1. Side and rear yards: a maximum of four feet provided the side and rear yard is a minimum of ten feet, and
2. Interior courts: a maximum of twenty percent of the width of the court and in no case more than five feet. (Ord. 1683 § 62, 2006; Urg. Ord. 1682; prior code § 10-3.2112)
18.42.110 Protection of intersection visibility.
The provisions of this section shall apply to all intersections of streets, alleys, and/or private driveways in order to provide adequate visibility for vehicular traffic. There shall be no visual obstruction within the cutback areas established by this section.
A. Street and Alleys. There shall be a corner cutback area at all intersecting and intercepting streets and/or alleys. The cutback line shall be in a horizontal plane making an angle forty-five degrees with the side, front or rear property line, as the case may be. It shall pass through the closest intersection of yard setback lines at the corner of the lot where visibility is required.
B. Driveways. There shall be a corner cutback area on each side of any private driveway intersecting a street or alley. The cutback lines shall be in a horizontal plane making an angle of forty-five degrees with the side, front or rear property line, as the case may be. They shall pass through a point not less than ten feet from the edge of the driveway where it intersects the street or alley right-of-way.
Exception 1: Open Fencing less than forty-two inches in height shall be exempt from the corner cutback requirement.
C. Irregular Lots. Where, due to an irregular lot shape, a line at a forty-five degree angle does not provide for intersection visibility, the corner cutback shall be defined by a line drawn from a point on the front (or rear) property line which is not less than seventeen feet from the intersection of the side and front (or rear) property lines and through a point on the side property line which is not less than seventeen feet from such intersection of the side and front (or rear) property lines. (Ord. 1683 § 63, 2006; Urg. Ord. 1682; prior code § 10-3.2113)
18.42.120 Residential criteria.
A. Multifamily Site Design.
1. In residential zones:
a. Multifamily buildings with ground floor units fronting a street shall have the pedestrian entrances to those units facing the street; or
b. Where a courtyard is provided with units on at least two sides, the main pedestrian entrances may all face the courtyard provided there is direct pedestrian access to the courtyard from the public right-of-way;
c. For townhomes and apartments not fronting on a public street, the main pedestrian entrances, private or common, shall be oriented toward walkways within the development.
2. In commercial zones:
a. Ground floor residential units need not have their primary pedestrian entrances facing the street;
b. On a corner lot, units fronting on a secondary street may provide the primary pedestrian entrances facing that street;
c. For mixed use developments, the primary residential pedestrian entrances may not be shared with commercial unit entrances.
B. Massing and Articulation.
1. Buildings shall have major massing breaks at a minimum of every twenty-five feet along any street frontage by stepping back upper floors (above second floor) by ten feet for a minimum of fifty percent of the facade width.
2. Variations in wall plane (projection or recess) of a minimum of two feet are required for a minimum of twenty-five percent of all facades of first and second stories.
3. Entries must be recessed or under a roof projection, such as a transom or porch, with a minimum area of twenty-four square feet. Fabric awnings do not satisfy this requirement.
4. Vertical ornamental elements, such as pilasters, if used, must protrude a minimum of four inches from the wall surface and extend from the ground or floor to the full height of the wall segment to which it is attached.
C. Exterior Surfaces.
1. On all exterior structure, wall, and fence surfaces, except those noted in subsection (C)(2) of this section, at least two exterior surface materials and colors are required on each building elevation and are limited to:
a. Stucco (smooth or rough);
b. Stone or brick veneer;
c. Wood (or equivalent), fiber cement, or metal cladding (siding), horizontal or vertical orientation;
d. Metal, provided they have a nonreflective coating or have the property of being non-reflective;
e. Other materials, provided they do not cover more than twenty-five percent of building elevations facing public streets. These materials include, but are not limited to, tile, and decorative concrete blocks – which are blocks that are textured or colored other than unstained concrete.
2. The following structure surfaces are exempt from subsection (C)(1) of this section:
a. Metal mesh or slats may be used on the entire surface of parking structures; and
b. Glass.
3. Prohibited exterior materials include the following:
a. Concrete masonry units (CMU);
b. Aluminum, galvanized steel, or corrugated metal panels;
c. Plywood and T1-11 siding;
d. Vinyl or plastic panels;
e. Mirrored glass;
f. Glossy tiles.
4. Exterior Colors. For all structures, including buildings, walls, and fences, the following shall apply:
a. Colors must include a base color and at least one accent or trim color for each building.
b. Only colors on the approved exterior color palette list, as adopted by city council resolution, are permitted by right, except as set forth below. Accent or trim colors that are not included on the approved color palette list are allowed provided they do not exceed fifteen percent of the total surface area on each elevation of the building.
c. Stone veneer, approved metals, and wood, both stained and unstained, are not subject to the exterior palette list.
D. Roofs.
1. Rooflines shall be vertically articulated at a minimum of every forty-eight feet along the street frontage through one of the following techniques:
a. A change in wall or roof height of a minimum two feet;
b. A change in roof form; or
c. The inclusion of dormers, gables, or parapets.
2. Materials for sloped roofs may be one of the following:
a. Composition shingles;
b. Flat concrete tiles;
c. Curved terracotta tiles;
d. Glazed tiles; or
e. Standing seam metal.
3. Eaves.
a. Minimum projection from walls is eight inches;
b. Maximum projection from walls is twenty-four inches.
4. Flat roofs must have a minimum three-foot parapet wherever it meets an exterior wall.
E. Main Entry. Main entry doors must be recessed by a minimum of four inches or be surrounded by molding at least three and one-half inches wide and projecting from the wall not less than three-quarters of an inch. Side lights, transoms, pilasters, and other decorative entry features must also be recessed or trimmed in the same manner as the door.
F. Windows.
1. All windows must be recessed by a minimum of four inches or be surrounded by molding at least three and one-half inches wide and projecting from the wall not less than three-quarters of an inch.
2. Window frames must be wood, vinyl, or equivalent. Aluminum framed windows are prohibited.
G. Trellises.
1. Attached and detached trellises are permitted provided any posts, brackets, or other supporting elements do not encroach into setbacks;
2. The top horizontal elements may project into setback areas not more than eighteen inches;
3. Plants that are supported by a trellis may not extend more than the top horizontal elements if adjacent to a property line.
H. Lighting. In addition to the development standards of Section 18.42.150, the following design criteria apply to all multifamily residential developments:
1. All exterior light bulbs and LEDs must be enclosed on the top and sides when mounted to the side of a building, a pole, or other structure. The enclosing material may be glass, plastic, or metal, except that:
i. Suspended light strings may have exposed bulbs; and
ii. Holiday lights are exempt from this subsection.
2. All exterior lighting fixtures on the same building shall be of the same manufacturer and shall be of the same design, materials, and color. Size may vary if design, materials, and color are consistent.
3. All pole- or bollard-mounted lighting must be of the same manufacturer and of the same size, design, materials, and colors.
4. All light poles, standards, and fixtures shall not exceed a height of sixteen feet measured from finished grade. The maximum sixteen feet in height shall include all elements of the light, such as pole and light fixture combined.
I. Balconies, Porches, and Other Projections.
1. All projections into the setback areas are subject to the restrictions found in Section 18.42.100.
2. Awnings, if used, must be broken into segments that mirror the door and window openings beneath them. (Ord. 1873 § 1, 2024; Ord. 1848 § 27, 2023; Ord. 1847 § 27, 2023; Ord. 1825 § 11, 2021; Ord. 1738 § 38, 2012: prior code § 10-3.2114)
18.42.130 Refuse enclosures.
A. Residential.
1. All trash containers shall be stored so they are not visible from the public right-of-way.
2. All multifamily dwellings that do not use individual trash containers, trash, recycling, organic waste, and green waste bins or dumpsters shall comply with one of the following:
a. The enclosures are located on the rear half of the property, housed in covered enclosures with an opaque gate that screens the trash receptacles and the enclosures shall be constructed of the same wall material and color as the nearest building within the development; or
b. The enclosures are to be housed in a nonrequired parking area within a parking structure; or
c. The enclosures are to be enclosed within a building envelope.
3. Stand-alone trash enclosure structures located adjacent to or within a landscaped area shall be planted with climbing vines to cover adjacent exterior surfaces.
B. Commercial, Industrial and Other Uses. For all commercial, industrial and other uses, refuse enclosures shall be provided as required by Chapter 8.20. Refuse enclosures shall whenever possible be located where they are least visible from the public right-of-way.
C. Maintenance. The maintenance of refuse containers, bins and enclosures and the storage and removal thereof, including refuse collection activities, shall be pursuant to Chapter 8.20. However, the community development director may require additional trash enclosures, increased frequency of collection services, and locks placed on the refuse enclosures and/or bins if such action is deemed necessary to protect the health, safety, and welfare of the community. (Ord. 1873 § 1, 2024; Ord. 1848 § 28, 2023; Ord. 1847 § 28, 2023; Ord. 1797 § 11, 2018: Ord. 1683 § 64, 2006; Urg. Ord. 1682; prior code § 10-3.2115)
18.42.140 Utilities and mechanical equipment.
A. Utilities that service the site shall be undergrounded from the point of connection to the utility to the structures or meters for the units. This includes utilities servicing the property through pipes, wires, or cables.
B. All mechanical equipment, plumbing lines, heating and cooling units and storage tanks and ductwork, roof or ground mounted, shall be incorporated into the building envelope or shall be screened on all sides with solid material as follows so that no part of the equipment is above the enclosure or screening:
1. Ground-mounted equipment shall be screened with the same material and colors as the building it serves. Alternatively, when located at ground level, the equipment may be screened with landscaping.
2. Roof-mounted equipment shall be screened with either the same material and colors as the building it serves, wood, or metal. Vertical slats may be used such that no more than twenty percent of the screening material is open for air circulation. All screening must be painted to exactly match the closest painted surface of the building it serves and must be a color from the approved color palette. Such screening shall be maintained at all times. (Ord. 1873 § 1, 2024; Ord. 1848 § 29, 2023; Ord. 1847 § 29, 2023; Ord. 1738 § 39, 2012: Ord. 1683 § 65, 2006; Urg. Ord. 1682; prior code § 10-3.2116)
18.42.150 Security and lighting plan.
Complete security and lighting plans shall accompany all site development plans for multifamily development of four or more units and commercial and industrial developments to ensure that safety and security issues are addressed in the design of the development.
A. Intensity.
1. Lighting plans for commercial and industrial developments shall demonstrate an average of two footcandles with no single point less than one footcandle for all public/common areas;
2. Lighting plans for multifamily developments shall demonstrate an average of one footcandle for all public and common areas.
B. All entries, parking areas, trash enclosures, active outdoor areas, and pedestrian pathways shall include dusk to dawn lighting for safety and security.
C. Security lighting shall not be directed beyond the property lines. (Ord. 1873 § 1, 2024; Ord. 1848 § 30, 2023; Ord. 1847 § 30, 2023; Ord. 1820 § 16, 2020: Ord. 1683 § 66, 2006; Urg. Ord. 1682; prior code § 10-3.2117)
18.42.160 Reverse vending machines.
Reverse vending machines shall be permitted in all zones except residential zones upon administrative approval by the community development director and obtaining a business license from the finance department. Reverse vending machines shall comply with the following standards. Failure to comply with these standards will result in a revocation of the administrative permit.
A. Shall be established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city;
B. Shall not obstruct pedestrian or vehicular circulation;
C. Shall not occupy parking spaces required by the primary use;
D. Shall cumulatively occupy no more than fifty square feet of floor space per site, including any protective enclosure and shall be no more than eight feet in height;
E. Shall be constructed and maintained with durable waterproof and rustproof material;
F. Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;
G. Shall have a sign area of a maximum of four square feet per machine, solely for the purpose of identifying the recycling facility or materials accepted for recycling. Additional area is permitted to provide operating instructions;
H. Shall be maintained in a clean, litter-free condition on a daily basis;
I. Operating hours shall be at least the operating hours of the host use;
J. Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn;
K. Shall be located adjacent to building walls and designed to be aesthetically compatible with the host use and with surrounding uses. (Prior code § 10-3.2119)
18.42.170 Pedestrian amenities.
A. Pedestrian access via walkways that are at least forty-eight inches wide shall be delineated by pavers or stamped concrete for each new residential unit except as described in subsection B of this section. The delineated walkways are required to provide primary access to each unit from the public right-of-way;
B. Pathways to accessible units as well as pathways that connect such units to common areas, such as mailboxes, lobbies, amenities, disposal facilities, and parking areas shall have smooth concrete surfaces. (Ord. 1873 § 1, 2024; Ord. 1848 § 31, 2023; Ord. 1847 § 31, 2023; Ord. 1738 § 40, 2012: Ord. 1683 § 67, 2006; Urg. Ord. 1682. Formerly 18.42.200)
18.42.180 Display of addresses.
A. All houses, buildings, and structures within the city shall be numbered for the purpose of the prompt identification of properties in accordance with this section.
B. Addresses shall be posted in Arabic numerals with the official number of the house, building or structure.
C. For houses, buildings and structures which face upon a street, whether public or private, the address numbers shall be placed upon the front, near the entrance, so as to be readily visible from the street. Each number shall be placed against a contrasting background. The numbers shall be at least four inches in height for residential dwellings and at least six inches in height for all other buildings and structures.
D. For houses, buildings and structures which have access to an alley, the address numbers shall be placed upon or immediately above the center of the garage door, gate, fence, door, or wall to the rear of the property so as to be readily visible from the alley. Each number shall be at least six inches in height and shall be placed against a contrasting background.
E. For houses, buildings and structures which front on a parking lot, the address numbers shall be placed upon the front, near the entrance, so as to be readily visible from the parking lot. Each number shall be placed against a contrasting background. The numbers shall be at least four inches in height for residential dwellings and at least six inches in height for all other buildings and structures.
F. It shall be unlawful for the owner, occupant, or person in charge of any such house, building or structure to fail to properly display the official address or to remove such address. (Ord. 1738 § 41, 2012)
18.42.190 Pet relief areas.
A. Multifamily developments of ten units or more and where pets are permitted shall provide a pet relief area subject to the following standards. In buildings where residents cannot keep pets, this section is not applicable;
B. Location. Pet relief areas must be outside in an area that is accessible to all resident pets of the building and not less than fifteen feet from public sidewalks and not less than ten feet from any building entrances;
C. Size. The pet relief area shall be a minimum of forty square feet for developments of ten to forty units and sixty square feet for larger developments;
D. Ground Material. Ground surface material should be pea gravel or artificial turf;
E. Screening. Area shall be screened from adjoining spaces by a minimum three-foot wall or hedge;
F. Amenities. At least one post, a minimum two feet high, preferably shaped like a fire hydrant, shall be provided in the pet relief area;
G. Cleaning Supplies. The pet relief area shall be supplied with disposal bags, a trash bin, and a water connection for a hose. (Ord. 1873 § 1, 2024; Ord. 1848 § 32, 2023; Ord. 1847 § 32, 2023)
18.42.200 Pre-permit requirements.
A. The applicant shall submit a final geotechnical investigation for city review and approval and comply with its recommendations and any revisions deemed necessary by the city’s building official.
B. Air Quality. The project shall comply with the objective standards of the South Coast Air Quality Management District (SCAQMD) Rule 403 for fugitive dust control, Rule 1113 for architectural coatings, Rule 1403 for asbestos-containing materials, and Regulation XIII for new on-site nitrogen oxide emissions.
C. The applicant shall prepare construction and demolition waste recycling plans for review and approval by the building division. Applicant shall enroll in the city’s waste diversion program.
D. Prior to building permit issuance, the applicant is required to demonstrate to the building division that the HVAC units, if used, that are proposed to be installed on the site comply with Chapter 8.36 (Noise).
E. Prior to approval of grading plans or prior to issuance of grading and building permits, the following noise reduction techniques shall be included in the construction plans or specifications:
1. Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state-required noise attenuation devices.
2. The project applicant shall demonstrate to the satisfaction of the city’s building official that construction noise reduction methods shall be used where feasible, including shutting off idling equipment.
3. During construction, equipment staging areas shall be located such that the greatest distance is between the staging area noise sources and noise-sensitive receptors.
4. Per Section 8.36.080, construction activities shall not occur during the hours of 6:00 p.m. and 7:00 a.m. on weekdays; between the hours of 6:00 p.m. and 9:00 a.m. on Saturday; or any time on Sunday or a federal holiday.
F. The applicant shall submit a sewer capacity study for all projects in accordance with the department of public works policy as posted on the city’s website.
G. For all new residential construction and all construction involving grading or other ground disturbance below a depth of twelve inches, a Phase I Environmental Site Assessment is required and all recommendations in the report adhered to. (Ord. 1873 § 1, 2024; Ord. 1848 § 32, 2023; Ord. 1847 § 32, 2023)
18.42.210 Post-permit requirements.
A. Development Impact Fees. The applicant shall be required to pay all residential development impact fees as posted on the city’s website.
B. Mitigation Measures. The applicant shall be required to comply with all applicable mitigation measures set forth in a mitigation monitoring program for the city’s general plan or any element thereof as posted on the city’s website.
C. Paleontological Resources.
1. Prior to commencement of ground-disturbing activities a qualified vertebrate paleontologist (as defined by the Society for Vertebrate Paleontology) shall develop worker environmental awareness program (WEAP) training for construction personnel. This training shall be presented to construction personnel and include what fossil remains may be found within the project area and policies and procedures that must be followed in case of a discovery. Verification of the WEAP training shall be provided to the Gardena community development department.
2. If fossils or fossil-bearing deposits are encountered during ground-disturbing activities, work within a fifty-foot radius of the find shall halt and a professional vertebrate paleontologist (as defined by the Society for Vertebrate Paleontology) shall be contacted immediately to evaluate the find. The paleontologist shall have the authority to stop or divert construction, as necessary. Documentation and treatment of the discovery shall occur in accordance with Society of Vertebrate Paleontology standards. The significance of the find shall be evaluated pursuant to the state CEQA guidelines. If the discovery proves to be significant, before construction activities resume at the location of the find, additional work such as data recovery excavation may be warranted, as deemed necessary by the paleontologist.
D. Cultural Resources.
1. If Native American or tribal cultural resources are found on the site, the applicant shall enter into a cultural resources treatment agreement with a local Native American tribe traditionally and culturally affiliated with Gardena that is acknowledged by the Native American Heritage Commission, which shall address the following:
a. Treatment and disposition of cultural resources in consultation with the city and a qualified archaeologist;
b. Designation, responsibilities, and participation of professional tribal monitors during grading, excavation and during initial ground disturbing activities;
c. Project grading and development scheduling;
d. Terms of compensation for the tribal monitors;
e. Treatment and final disposition of any cultural resources and sacred sites discovered on site;
f. Tribal monitor’s authority to stop and redirect grading in order to evaluate the significance of any potential resources discovered on the property, and to make recommendations as to treatment in consultation with the city and a qualified archaeologist; and
g. The applicant’s agreement to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the tribe for proper treatment and disposition; and the applicant’s agreement that all tribal sacred sites are to be avoided and preserved.
2. Human Remains.
a. In compliance with state law, if human remains are unearthed, the project developer, pursuant to State Health and Safety Code Section 7050.5, will contact the county coroner and ensure no further disturbance occurs until the county coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98.
b. If the remains are determined to be of Native American descent, the Native American Heritage Commission (NAHC) must be notified within twenty-four hours.
E. Migratory Bird Protection. Construction, grubbing, brushing, or tree removal shall be conducted outside of the state identified nesting season for migratory birds (typically March 15th through September 1st) if possible. If construction is conducted during nesting season, a pre-construction nesting bird survey shall be conducted within and immediately adjacent to the project site by a qualified professional biologist no more than seven days prior to the beginning of any project-related physical activity that is likely to impact migratory birds. If active nests are found during the pre-construction nesting bird survey, a nesting bird plan (NBP) shall be prepared by a qualified biologist and implemented during construction. At a minimum, the NBP shall include guidelines for addressing active nests, establishing buffers, monitoring, and reporting. The size, location and duration of all buffer zones, if required, shall be based on the nesting species, nesting stage, nest location, its sensitivity to disturbance, and intensity and duration of the disturbance activity. The buffers shall be maintained until the breeding season has ended or until a qualified professional biologist has determined that the birds have fledged and are no longer reliant upon the nest or parental care for survival. (Ord. 1873 §§ 1, 7, 2024; Ord. 1848 § 32, 2023; Ord. 1847 § 32, 2023)