Adult-oriented businesses are regulated by chapter 124 of this code. The purpose of regulating adult-oriented businesses is to guard against the known adverse effects such businesses can have on the community and the neighborhoods in which they are located, including conditions of blights, crime and perceived and real threats to public health, safety, morals and general welfare. The provisions contained in this subchapter shall be used together with chapter 124 to prevent the concentration of such businesses and to ensure that any such use operates in a manner that minimizes potentially adverse effects on surrounding properties.

(Ord. 1346, passed 5-2-12)

   To establish and operate an adult entertainment business or adult entertainment enterprise, a special business permit, obtained pursuant to the requirements of chapter 124 of this code is required. This requirement shall apply to all new and existing adult businesses.

(Ord. 1346, passed 5-2-12)

   (A)   Allowable zones and distances. No adult-oriented business shall be established, located or operated in any zone in the city other than the I (Industrial) and I-C (Industrial-Commercial) zones and only when within the ascribed distances of the certain specified land uses or zones as set forth here.

      (1)   No such business shall be established or located within 1,000 feet from any existing legal or legal nonconforming residential zone or use, unless separated from the residential zone or use by a major freeway (Interstate 10 or State Highway 605) or by a right-of-way at least 100 feet in width.

      (2)   No such business shall be established or located within 1,000 feet from any existing legal or legal nonconforming park, church or school.

   (B)   Distance measurement. These distances shall be measured as a radius from the primary entrance of the adult-oriented business to the property lines of the property so zoned or used for, if on the same property, from the primary entrance of the establishment from which the distance is measured without regard to intervening structures.

(Ord. 1346, passed 5-2-12) Penalty, see § 10.99

   The purpose of regulating the sale of alcohol is to ensure the compatibility of establishments that sell alcohol with surrounding properties and to minimize potentially adverse impacts on public health, safety, comfort, convenience and general welfare of the residents in the city.

(Ord. 1346, passed 5-2-12)

   (A)   Conditional use permit required. The following establishments, businesses and facilities must obtain a conditional use permit pursuant to subchapter 153.210, Administrative Procedures, before engaging in the sale of alcoholic beverages:

      (1)   Any establishment, business or facility that does not currently sell alcoholic beverages but proposes to do so.

      (2)   Any establishment, business or facility that currently sells alcoholic beverages and proposes to change the type of alcoholic beverages to be sold by changing the type of retail license classification it holds under authority of the State Department of Alcoholic Beverage Control.

      (3)   Any establishment, business or facility that currently sells alcoholic beverages and proposes to substantially change its mode or character of operation, including, but not limited to, the following:

         (a)   An increase in the floor area of the establishment, business or facility; and

         (b)   An addition of dancing or live entertainment.

   (B)   Existing establishments. Existing establishments, businesses or facilities that currently sell alcoholic beverages shall either comply with all conditional use permit requirements or shall cease selling alcoholic beverages in a manner and time consistent with the amortization provisions provided in subchapter 153.200, Nonconforming Lots, Structures and Uses.

   (C)   Specific location attributes. In any decision to issue a conditional use permit, consideration shall be given to the location of the proposed facility. The general vicinity shall not have an unusually high crime rate such that the proposed use could result in further criminal activity, thus requiring additional police services if the conditional use permit is granted.

(Ord. 1346, passed 5-2-12)

   Any minor commercial retail establishment or on-sale outlet which sells alcohol shall be subject to the following use restrictions.

   (A)   Cash register location. The cash register of all minor commercial retail establishments that are off-sale outlets shall be located so it is clearly visible from outside the premises.

   (B)   Property maintenance plan. All minor commercial retail establishments that are serving as off-sale outlets and on-sale outlets, other than restaurants or service clubs, shall submit a property maintenance plan which will outline measures to be taken in order to prevent loitering, panhandling, graffiti, littering and other public nuisances. The property maintenance plan shall be subject to approval and compliance with the plan shall be included as a condition of approval of the conditional use permit.

(Ord. 1346, passed 5-2-12)

   The development standards set forth in subchapter 153.050, Commercial and Industrial Zones, shall apply to all establishments selling alcohol, unless otherwise specified here. The following shall apply to all establishments selling alcohol.

   (A)   Buffers. The establishment shall be sufficiently buffered in relation to any abutting residentially zoned properties so as not to adversely affect the residential areas. A minimum 20-foot-wide landscaped area shall be provided between any abutting residentially zoned property and any establishment which sells alcohol. Also, any other buffers required as a condition of the conditional use permit shall be provided and continuously maintained.

   (B)   Exterior property appearance. The exterior appearance of the property, including, but not limited to, landscaping and architectural treatment of the building, shall not detract from the character of the surrounding neighborhood, and, as necessary, shall improve upon the characteristics of the surrounding neighborhood with exceptional design characteristics, as determined by the Design Review Committee.

(Ord. 1346, passed 5-2-12)

   All minor commercial retail establishments that serve as off-sale outlets and on-sale outlets, other than restaurants or service clubs, shall submit a detailed plan for security measures. The security plan shall be approved and compliance with the plan shall be a condition of the conditional use permit. Security measures may include items such as alarms, security guards and interior and/or exterior security cameras.

(Ord. 1346, passed 5-2-12)

   Any establishment, business or facility that is either abandoned or discontinued general operations or the sale of alcoholic beverages for a period of 60 consecutive days shall be deemed to have abandoned its ability to sell alcoholic beverages. The establishment shall obtain a new conditional use permit before re-engaging in the sale of alcoholic beverages.

(Ord. 1346, passed 5-2-12)

   The purpose of regulating arcades, internet cafes and similar establishments is to ensure compatibility with surrounding properties and to avoid and/or minimize any impacts associated with such uses.

(Ord. 1346, passed 5-2-12)

   (A)   Adult attendants. At all times, each arcade or internet café operator shall maintain adult attendants on the premises, the number of which shall be set forth in the approved conditional use permit.

   (B)   Age restrictions. Each arcade or internet café shall prohibit persons 17 years of age and under from using any game machine between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday. This restriction shall not apply during school holidays and school vacations recognized by public schools within the city.

   (C)   Signage. Signage informing the public of the prohibition on the use of drugs, smoking, loud conduct and the hours of operation shall be posted and plainly visible to customers within the establishment in at least two locations.

(Ord. 1346, passed 5-2-12) Penalty, see § 10.99

   In addition to the development standards set forth in subchapter 153.050, Commercial and Industrial Zones, the following shall apply to arcades and internet cafés.

   (A)   Location. An arcade or internet café shall not be located within 500 feet of a child care facility or an educational institution which conducts classes for kindergarten through 12th grades.

   (B)   Minimum floor area. The minimum floor area that each arcade or internet café shall provide for the operation of game machines shall be 750 square feet.

   (C)   Unobstructed aisle widths. Game machines located along one side of an aisle shall maintain a minimum unobstructed aisle width of five feet. Game machines located along both sides of an aisle shall maintain a minimum unobstructed aisle width of 7.5 feet.

   (D)   Clear unobstructed view. Each arcade or internet café shall provide and maintain a clear unobstructed view of the interior from the outside of the building using windows and doors made of glass or other transparent material.

   (E)   Lighting. All entrances, exits and interior areas shall have adequate lighting.

   (F)   Public restroom facilities. Each arcade or internet café shall provide and maintain a minimum of two public restroom facilities accessible to both customers and employees.

   (G)   Bicycle racks. The owner and operator of an arcade shall provide and maintain bicycle racks in a sufficient quantity and location, as set forth in the approved conditional use permit.

(Ord. 1346, passed 5-2-12) Penalty, see § 10.99

   The purpose of regulating the maintenance of animals, fish and fowl is to minimize potentially adverse effects on surrounding residents and properties.

(Ord. 1346, passed 5-2-12)

   For the purpose of this subchapter, the following animals, fish and fowl are deemed to be household pets which may be housed and maintained in any dwelling unit, in accordance with the following limitations.

   (A)   Household pets in a dwelling unit. Each dwelling unit may contain any combination of the following.

      (1)   Up to three weaned, domesticated dogs.

      (2)   Up to three weaned, domesticated cats.

      (3)   Up to ten canaries, finches, parrots and other similar predatory birds, provided that such birds shall be kept within the dwelling unit.

   (B)   Household pets outside a dwelling unit. Each dwelling unit located within the R-1-7,500 and R-1 zone may also contain any combination of the following animals outside the dwelling unit, provided that all such animals are maintained in cages within the rear yard area and are located a minimum of 15 feet away from any habitable building,

      (1)   Up to ten birds.

      (2)   Up to three hen chickens.

   (C)   Roosters. Roosters are not permitted.

   (D)   Kennel, pet shop, veterinary hospital. These regulations shall not prohibit the maintenance of any animals in connection with a legally permitted kennel, pet shop or veterinary hospital.

(Ord. 1346, passed 5-2-12)

   The purpose of regulating billiard and pool halls is to establish a comprehensive set of regulations that ensure compatibility with surrounding properties.

(Ord. 1346, passed 5-2-12)

   (A)   Adult attendants. At all times, each billiard or pool hall operator shall maintain adult attendants on the premises, the number of which shall be set forth in the approved conditional use permit.

   (B)   Age restrictions. Each billiard or pool hall shall enforce the following age restrictions:

      (1)   Prohibit persons 17 years of age and under from using any game machine between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday. This restriction shall not apply during school holidays and school vacations recognized by public schools within the city.

      (2)   Prohibit persons 17 years of age and under to remain in the billiard or pool hall after 10:00 p.m.

      (3)   Prohibit persons 20 years of age and under to enter a billiard or pool hall that serves alcoholic beverages.

   (C)   Hours of operation. Hours of operation shall be determined by the Approving Authority based upon the sensitivity of the area surrounding the proposed billiard hall during the approval of the conditional use permit.

   (D)   Signage. Signage informing the public of the prohibition on the use of drugs, smoking, loud conduct, age restrictions and the hours of operation shall be posted and plainly visible to customers within the establishment in at least two locations.

   (E)   Dress code. Billiard and pool halls which have been authorized to serve alcoholic beverages shall enforce a customer dress code, which at a minimum shall prohibit gang-related attire. The dress code shall be posted at all public entrances.

   (F)   Gambling prohibited. Any and all forms of gambling are prohibited.

(Ord. 1346, passed 5-2-12) Penalty, see § 10.99

   In addition to the development standards set forth in subchapter 153.050, Commercial and Industrial Zones, the following shall apply to billiards and pool halls.

   (A)   Location. A billiard or pool hall shall not be located within 1,500 feet of a child care facility or an educational institution which conducts classes for kindergarten through 12th grade, within 150 feet of a residentially zoned property or within 1,000 feet of another billiard or pool hall.

   (B)   Clear and substantially unobstructed view. Each billiard and pool hall shall provide and maintain a clear and substantially unobstructed view of the interior from the outside of the building using windows and doors made of glass or other transparent material. No more than 10% of each individual glass door and/or window shall be covered.

   (C)   Partitions prohibited. With the exception of washrooms, toilet rooms and storage closets, partitions used to form other rooms, stalls or other enclosures where people may congregate are prohibited.

   (D)   Separation of pool tables. A minimum five-foot separation shall be maintained between all pool tables and cocktail tables, counters, walls, partitions, immovable barriers, seating areas and other pool tables.

(Ord. 1346, passed 5-2-12) Penalty, see § 10.99

   (A) Security plan. A security plan shall be submitted for review and approval by the Police Department as a part of the conditional use permit application, and shall be incorporated as a condition of approval.

   (B)   Surveillance cameras. At least two interior security surveillance/recording cameras and one exterior camera shall be installed and permanently maintained. All video tapes from these cameras shall be retained and made available for viewing by the Police Department for a minimum of seven days.

   (C)   Alarm system. An electronic intrusion alarm system shall be installed and permanently maintained.

   (D)   Lighting. All interior and exterior areas of the building shall be well lit.

(Ord. 1346, passed 5-2-12)

   The purpose of regulating child day care facilities and large-family day care homes is to safeguard the health, safety and general welfare of children, and to ensure compatibility with surrounding properties.

(Ord. 1346, passed 5-2-12)

   (A)   California use restrictions. All child day care facilities shall comply will all applicable State of California use restrictions at all times.

   (B)   Hours of operation. The hours of operation for any child day care facility shall be based upon the uses and characteristics of the area in which the facility is located and shall be set forth in any required conditional use permit.

(Ord. 1346, passed 5-2-12) Penalty, see § 10.99

   (A)   Child day care development standards. The following development standards shall apply to all child day care facilities:

      (1)   All such facilities shall comply with all applicable State of California development standards at all times; and

      (2)   All such facilities shall comply with the city’s noise regulations for residential uses, as set forth in subchapter 153.140, Performance Standards.

   (B)   Large-family day care development standards. The following development standards shall apply to large-family day care homes:

      (1)   A minimum lot size of 5,000 square feet is required for any large-family day care home.

      (2)   No large-family day care home shall be located within 500 feet of an existing or proposed large-family day care home. However, if a large-family day care home is proposed on the same street as an existing large-family day care home, the minimum distance between large-family day care homes shall be 1,000 feet.

      (3)   All large-family day care homes shall provide adequate on-street parking located along the home’s street frontage, or shall provide off-street parking for the drop-off and pick-up of children.

      (4)   No off-street parking provided for the drop-off and pick-up of children shall require vehicles to backup directly into a travel lane of a designated major arterial street.

(Ord. 1346, passed 5-2-12) Penalty, see § 10.99

   The purpose of regulating drive-through establishments is to prevent potentially adverse impacts on adjacent properties, neighborhoods and residences due to customer and employee parking demands, traffic generation, noise, light and litter.

(Ord. 1346, passed 5-2-12)

   (A)   Hours of operation. When located on a site adjacent to or separated by an alley from any residentially zoned property, a drive-through establishment shall not operate between the hours of 10:00 p.m. and 7:00 a.m.

   (B)   Litter. Employees shall collect on-site and off-site litter generated by customers at least once per business day.

(Ord. 1346, passed 5-2-12) Penalty, see § 10.99

   In addition to the development standards set forth in subchapter 153.050, Commercial and Industrial Zones, the following shall apply to drive-through establishments.

   (A)   Minimum lot size. A minimum lot size of 20,000 square feet shall be required for the establishment of any drive-through facility.

   (B)   Two-way driveways. Drive-through facilities shall have two-way driveways.

   (C)   Minimum queuing distances. Minimum queuing distances shall be provided as illustrated in Figure 153.120.240. Queuing aisles shall not be placed on any more than two sides of a building.

   (D)   Circulation plan. A parking and vehicular circulation plan encompassing adjoining streets and alleys shall be submitted for review and approval prior to the approval of a conditional use permit. Such plan shall provide for safe pedestrian access from parking lots to the main door and shall comply with applicable requirements of the American with Disabilities Act.

   (E)   Trash receptacle provision. A minimum of one outdoor trash receptacle shall be provided onsite. At least one additional on-site outdoor trash receptacle shall be provided for every ten required parking spaces.

   (F)   Noise generating equipment. No noise-generating compressors or other such equipment shall be placed on or near any property line adjoining any residential zoned property.

   (G)   Speaker system noise. Drive-through speaker systems shall emit no more than 50 decibels four feet from the vehicle and the speaker, and shall not be audible above the daytime ambient noise levels beyond the property boundaries. The system shall be designed to compensate for ambient noise levels in the immediate area and shall not be located within 30 feet of any residentially zoned property.

   (H)   Screen wall. On any lot where a drive aisle or driveway is located such that vehicle headlights will shine onto an adjacent residentially zoned property, a screen wall shall be provided.

(Ord. 1346, passed 5-2-12)

   (A)   The purpose of regulating home occupations is to recognize the need of some homeowners and cottage food operators to operate small businesses and cottage food operations from their home, and to provide a means of ensuring that adverse impacts, due to the mix of residential and commercial or professional uses, are mitigated to preserve the character of the residential area.

   (B)   The County of Los Angeles shall administer all county regulations and standards related to the health and safety and sanitation of food facilities within the jurisdiction of the City of Baldwin Park. The city shall administer the laws set forth in this chapter relating to cottage food operations. Nothing in this chapter shall be construed as waiving or limiting the application of local and state regulatory standard for the health, safety and sanitation of food facilities within the jurisdiction of the City of Baldwin Park.

(Ord. 1346, passed 5-2-12; Am. Ord. 1374, passed 9-2-15)

   (A)   To establish a home occupation which does not fall within the meaning of cottage food operation as defined by § 153.220.040, a "home occupation permit" shall be obtained from the Business License Department, in addition to all other required licenses and permits.

   (B)   To establish a home occupation which falls within the meaning of cottage food operation as defined by § 153.220.040, a "cottage food operation permit" shall be obtained from the Business License Department upon payment of a fee as set forth from time to time by resolution of the City Council, in addition to all other required licenses and permits.

(Ord. 1346, passed 5-2-12; Am. Ord. 1374, passed 9-2-15)

   (A)   The use of a home occupation which does not fall within the meaning of cottage food operation as defined by § 153.220.040, shall comply with the following regulations:

   (B)   The use of a home occupation which falls within the meaning of cottage food operation as defined by § 153.220.040 shall comply with the following regulations:

         (a)   The property line of the site of the proposed use is located within 300 feet on the same street or the corner of a cross-street of the property line of any single family home where another cottage food operation is located; or

         (b)   If the proposed use is located within the same building of an apartment complex or other multi-family housing (i.e. condominium or townhomes) where another cottage food operation exists.

         (a)   For single family homes, parking spaces in the property's garage or carport (if present) and driveway shall be available for the actual parking demand created by the use, including parking spaces for the applicant's own vehicles, a parking space for an employee, if an employee is present, and one parking space for customers if direct sales on the property are proposed.

         (b)   For apartments and multi-family developments, the cottage food operator's designated space(s) shall be available for the actual parking demand created by the use, including parking spaces for the applicant's own vehicles, parking spaces for an employee if employee is present, and one parking space for customers if direct sales on the property are proposed. On-site parking in an apartment complex or other multi-family residence requires approval from the property owner, landlord, homeowners association or property manager.

         (c)   On-street parking spaces may be used for persons picking-up and/or delivering materials for the cottage food operation and third party retailers coming to the property if proposed.

         (d)   If the proposed cottage food operation will involve loading of food products into vehicles, such loading may occur anytime within an enclosed garage when the garage door is shut. Hours for loading vehicles outside of a garage are limited from 8:00 a.m. to 6:00 p.m. Monday through Friday, and 10:00 a.m. to 4:00 p.m. on Saturdays and Sundays. Vehicles shall not idle when being loaded.

         (a)   Thirty percent (30%) of the floor area of the dwelling excluding the garage area; or

         (b)   The area permitted by the Department.

(Ord. 1346, passed 5-2-12; Am. Ord. 1374, passed 9-2-15) Penalty, see § 10.99

   The purpose of regulating hotels and motels is to establish a comprehensive set of use regulations applicable to the operation of hotels and motels that will ensure compatibility with surrounding properties and will safeguard against potentially adverse impacts on adjacent neighborhoods and residences.

(Ord. 1346, passed 5-2-12)

   To establish and operate a hotel or motel, a market feasibility study shall be performed and submitted contemporaneously with the application for design review.

(Ord. 1346, passed 5-2-12)

   No person shall permit the use or occupancy of any room, unit or combination of rooms or units, in a hotel or motel, for a period in excess of 30 consecutive calendar days.

(Ord. 1346, passed 5-2-12) Penalty, see § 10.99

   In addition to the development standards set forth in subchapter 153.050, Commercial and Industrial Zones, the following shall apply to hotels and motels.

   (A)   Location. The lot upon which the proposed hotel or motel will be located must be within 300 feet of a freeway right-of-way, as designated by the State of California.

(Ord. 1346, passed 5-2-12; Am. Ord. 1508, passed 2-7-23)

   The purpose of regulating cannabis retailers is to comply with California state law in a manner designed to minimize negative impact on the city, and to promote the health, safety, morals, and general welfare of residents and businesses within the city.

(Ord. 1501, passed 4-5-23)

   Pursuant to the authority delegated by the state to the city under §26054(b) of the State Business & Professions Code and overriding the location and design requirements contained in § 26054(b) of the State Business & Professions Code, cannabis retailers in the city shall be subject to the following land use regulations:

   (A)   Subject to the requirements of Title XI, Chapter 128, Cannabis Retailers, of the City Municipal Code (in particular the possession of a retail cannabis business permit) and the requirements of Title XI, Chapter 129, Cannabis Retailer Tax, of the City Municipal Code, cannabis retailers shall be a land use permitted by right on property zoned Industrial (I) or Industrial-Commercial (I-C).

   (B)   A cannabis retailer permitted pursuant to § 128.06 of the City Municipal Code shall not be located on property within (1) 600 feet of a school, day-care, or youth center or (2) 50 feet of a dwelling unit within a residential zone.

   (C)   All distances specified in this § 153.120.330 shall be measured in the following manners:

      (1)   For schools, day-care, youth centers, or cannabis retailers, the distance shall be measured in a straight line from the subject property line to the closest property line of the lot on which the cannabis retailer is to be located without regard to intervening structures.

      (2)   For determining distance to dwelling units within residential zones, the distance shall be measured in a straight line from the subject building to the closest dwelling unit on the lot on which the cannabis retailer is to be located without regard to intervening structures.

   (D)   A cannabis retailer permitted pursuant to § 128.06 of the City Municipal Code or which transfers locations pursuant to § 128.12 of the City Municipal Code shall not be located on property within (1) 600 feet of a school, day-care, or youth center, (2) 50 feet of a dwelling unit within a residential zone, or (3) 2,000 feet of another cannabis retailer.

   (E)   Notwithstanding any of the above requirements contained in divisions (A) through (C) of this section, cannabis retailers shall be a land use permitted by right on property that is or was covered by a development agreement entered into and approved pursuant to Chapter 127 of the City Municipal Code prior to January 1, 2018, subject to the remaining requirements of Title XI, Chapter 128, Cannabis Retailers, of the City Municipal Code (in particular the possession of a retail cannabis business permit) and the requirements of Title XI, Chapter 129, Cannabis Retailer Tax, of the City Municipal Code.

(Ord. 1501, passed 4-5-23)

      (1)   Although Cal. Gov’t Code §§ 66314 and 66333 authorize the construction and use of accessory dwelling units and junior accessory dwelling units within areas zoned for residential use (including single-family, multifamily, and mixed use), the California Government Code explicitly provides that local agencies may exclude areas based upon the adequacy of water and sewer services, as well as the impact of accessory dwelling units on traffic flow and public safety;

      (2)   The City Council makes all findings set forth in Ordinance 1512 pertaining to the impact of accessory dwelling units on substandard streets will have upon traffic flow and public safety. Allowing accessory dwelling units on properties adjacent to substandard streets (as that term is defined in § 153.120.350(C)) would potentially have a detrimental impact upon traffic flow for residents upon those streets as a result of the lack of sufficient street parking and the increased demand therefor, as well as upon public safety resulting from the impact upon the ability of emergency service personnel/first responders to navigate upon substandard streets with the increased congestion;

      (3)   The California Government Code provides that local agencies may impose standards upon accessory dwelling units and junior accessory dwelling units that include, but are not limited to, parking, height, setback, landscaping, architectural review, maximum size of a unit, and standards that prevent adverse impacts upon any real property that is listed in the California Register of Historic Resources; and

      (4)   The approval of accessory dwelling units and junior accessory dwelling units based solely on the statutory standards set forth in the California Government Code, without local regulations governing height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.

   (B)   Purpose and intent. These regulations are provided pursuant to Cal. Gov’t Code §§ 66314 and 66333 to regulate the establishment, use, and occupancy of accessory dwelling units and junior accessory dwelling units, and to establish standards to regulate the placement and design of accessory dwelling units and junior accessory dwelling units in compliance with the California Government Code. In addition to compliance with all other applicable statutes, ordinances and regulations, the regulations of § 153.120.360 (“Accessory Dwelling Units - Use Regulations and Development Standards”) shall apply to all accessory dwelling units and the regulations of § 153.120.370 (“Junior Accessory Dwelling Units – Use Regulations and Development Standards”) shall apply to all junior accessory dwelling units.

         (a)   The property owner as set forth on the latest equalized county assessment roll, and shall include the following natural persons:

            1.   Sole proprietor.

            2.   Partner of a partnership.

            3.   Member of a limited liability company.

            4.   Executive officer of a corporation.

            5.   Trustor, trustee, or beneficiary of a trust.

         (b)   For purposes of § 153.120.360(F)(1) (“Accessory Dwelling Unit: Owner-Occupancy”) and § 153.120.370(F)(1) (“Junior Accessory Dwelling Unit: Owner-Occupancy”), the owner-occupant must have authority to bind the owner in all matters related to the property upon which an accessory dwelling unit exists and shall not pay rent or other compensation to reside at the property.

(Ord. 1464, passed 11-17-21; Am. Ord. 1512, passed 11-20-24)

            1.   One accessory dwelling unit located entirely within a proposed or existing single-family dwelling or accessory structure subject to each and all of the following limitations and requirements:

               a.   No detached accessory dwelling unit exists or is proposed to exist on the lot or parcel;

               b.   The accessory dwelling unit has exterior access from the proposed or existing single-family dwelling;

               c.   The side and rear setbacks are sufficient for fire and safety, as determined by the Building Official and/or Fire Department, where safety will require, at a minimum, compliance with § 153.120.360(D)(1)(e) of this Code; and

               d.   If the accessory dwelling unit is located or proposed to be located within an accessory structure, the accessory structure may be expanded up to 150 square feet beyond the same physical dimensions as the existing accessory structure for the sole purpose of accommodating ingress and egress.

            2.   One newly constructed, detached accessory dwelling unit on a lot with a proposed or existing single-family dwelling (irrespective of the existence of a junior accessory dwelling unit erected, converted, established, and maintained in accordance with § 153.120.370 of this Code) subject to each and all of the following limitations and requirements:

               a.   No accessory dwelling unit exists or is proposed to exist within a proposed or existing single-family dwelling or accessory structure on the lot or parcel;

               b.   The side and rear yard setbacks are at least four feet;

               c.   The total floor area is 800 square feet or smaller;

               d.   The maximum building height for detached accessory dwelling units does not exceed one story and 18 feet to match the roof pitch of the accessory dwelling unit to that of the main house – as measured in accordance with § 153.130.040 of this Code. The conversion of an existing accessory structure or portion of the existing space within the primary building to and ADU is not subject to height restrictions; and

               e.   Attached accessory dwelling units shall be permitted to match the primary dwelling in both story and height.

            1.   Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, subject to each and all of the following limitations and requirements:

               a.   No detached accessory dwelling unit exists on the lot or parcel;

               b.   The number of accessory dwelling units shall not exceed 25% of the lawfully established multifamily dwelling units existing on the lot or parcel (with the maximum number rounding down to the nearest whole number, with the minimum being one); and

               c.   Each accessory dwelling unit shall comply with State Building Standards for dwellings.

            2.   Not more than two accessory dwelling units detached from an existing multifamily dwelling for developments built after 2024 and not more than eight accessory dwelling units for developments built prior to 2024 shall be subject to each and all of the following limitations and requirements:

               a.   No accessory dwelling unit exists within portions of an existing multifamily dwelling structures on the lot or parcel;

               b.   The building height of any detached accessory dwelling unit shall not exceed one story or 18 feet – as measured in accordance with § 153.130.040 of this Code. The conversion of an existing accessory structure or portion of the existing space within the primary building to and ADU is not subject to height restrictions. An attached ADU shall be permitted to match the primary dwelling in both story and height;

               c.   The minimum rear and side-yard setback of any detached accessory dwelling unit shall be at least four feet; and

               d.   The detached accessory units are created through conversion of existing detached accessory buildings, garages, or covered parking structures, new construction, or combination thereof.

            (a)   Plan submission. In order to obtain any required ministerial accessory dwelling unit permit or required building, electrical, plumbing, or mechanical permits for an accessory dwelling unit, all persons shall submit an application (and all corresponding fees as set forth by Council Resolution) to the Community Development Department demonstrating compliance with the requirements of this section and containing, at a minimum, the following information:

               1.   A fully dimensioned site plan containing the following information pertaining to the property upon which the accessory dwelling unit is proposed to be established:

                  a.   Name and address of the applicant and of all persons owning any or all of the property;

                  b.   Evidence that the applicant is the owner of the property or otherwise has the written permission of the owner(s);

                  c.   Address and assessor parcel number of the property;

                  d.   Property dimensions and square footage of the property;

                  e.   The use, location, size of all existing buildings and structures on the property and the proposed accessory dwelling unit, yards, driveways, access and parking areas, landscaping, walls or fences, and other similar features;

               2.   A fully-dimensioned floor plan of the existing primary dwelling and the proposed accessory dwelling unit;

               3.   A roof plan for all existing and proposed structures;

               4.   A set of fully-dimensioned building elevations of all sides of existing structures on the property and the proposed accessory dwelling unit.

            1.   An application for a ministerial accessory dwelling unit permit or for required building, electrical, plumbing, or mechanical permits for an accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing.

            2.   The city shall act upon any application for ministerial permits for the establishment of an accessory dwelling unit within 60 calendar days from the date a completed application (with all supporting material and fees) has been received by the city.

               a.   If the application to establish an accessory dwelling unit is submitted with an application to create a new single-family dwelling on the lot, the city is authorized to delay action upon any permits for the accessory dwelling unit until the city acts upon the application for the single-family dwelling.

               b.   If the applicant requests a delay, the 60-day period shall be tolled for the requested delay.

            1.   The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application for a ministerial accessory dwelling unit permit;

            2.   The accessory dwelling unit does not adhere to all limitations and requirements for the establishment, use, occupancy, or maintenance of the accessory dwelling unit as set forth in this section.

            1.   The address of the property on which the accessory dwelling unit is located;

            2.   The name of the owner of the property on which the accessory dwelling unit is located;

            3.   The ministerial accessory dwelling unit permit number that is being revoked;

            4.   The date of revocation;

            5.   The ground(s) for revocation; and

            6.   A statement that the permittee or current owner of the property on which the accessory dwelling unit is located has the right to challenge the revocation of the ministerial accessory dwelling unit permit by filing a request to appeal on a city-approved form within ten calendar days of service of the notice of revocation.

            1.   Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish the existence of a ground for revocation by a preponderance of the evidence. The issuance of a notice of revocation shall constitute prima facie evidence of the existence of a ground for revocation. The city and appellant shall have the opportunity to present evidence (testimonial, documentary, or otherwise) at the hearing, as well as to cross-examine any witness providing evidence at the hearing. The city may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording.

            2.   If the appellant fails to appear for the appeal hearing, the request for appeal shall be deemed withdrawn by the appellant and a waiver of the right to appeal the notice of revocation. In such instance, the hearing officer shall cancel the appeal hearing.

            3.   Within 30 calendar days of the conclusion of the appeal hearing, the hearing officer shall issue determine whether any of the grounds set forth in the notice of revocation exists, and shall serve the appellant with a written decision on appeal. Notwithstanding any provision of the Baldwin Park Municipal Code to the contrary, the decision of the hearing officer is a final, conclusive, and binding administrative decision.

            1.   The date of service shall be the date the notice is personally delivered or placed in a U.S. Postal Service receptacle. Failure of any party to receive a properly addressed notice by mail shall not invalidate any action or proceeding pursuant to this section.

      (1)   All accessory dwelling units shall adhere to the following requirements and limitations:

         (c)   Mechanical equipment. All new mechanical equipment associated with a newly constructed accessory dwelling unit shall be located on the ground no less than four feet from the side and rear property lines. Any existing equipment located on the roof or exterior walls of the existing primary dwelling unit or accessory structure shall be provided with a decorative screen to shield such equipment from view and shall be placed at least six inches below the top of the lowest building parapet or decorative screen. No plumbing line shall be placed upon the exterior wall of a structure unless such line is enclosed or otherwise screened from view.

         (e)   Clear cross visibility on corner lots and reversed corner lots. In order to ensure clear visibility and to safeguard vehicle operators, cyclists, and pedestrians, newly constructed accessory dwelling units on corner lots and reversed corner lots in all zones of the city shall maintain clear cross visibility as required by § 153.130.090 of this Code or any other provision of this Code.

      (2)   All accessory dwelling units that require a ministerial accessory dwelling unit permit shall adhere to each of the development standards set forth in this division. The development standards set forth in this division shall supersede any conflicting development standard(s) provided elsewhere in this Code for the zone in which the accessory dwelling unit is located or proposed to be located.

 

 

            3.   Attached accessory dwelling units shall not exceed 50% of the size of the habitable space of the primary residence on the lot. Attached accessory dwelling units may exceed 50% of the size of the habitable space of the primary dwelling to accommodate an accessory dwelling up to 800 square feet in size.

               a.   An existing accessory structure may be expanded up to 150 square feet beyond the same physical dimensions of the existing accessory structure only to accommodate ingress and egress to the accessory dwelling unit.

               b.   An accessory dwelling unit proposed within an existing accessory structure that expands the accessory structure beyond 150 square feet shall be subject to the lot and floor area limitations set forth in § 153.120.360(D)(2)(a).

            1.   Single-family dwellings. Each newly constructed detached accessory dwelling unit shall be located within the rear 50% of the lot. Each newly constructed attached accessory dwelling unit shall be located to the rear of the front elevation of the existing single family dwelling unit unless there are no other alternatives to accommodate an accessory dwelling unit up to 800 square feet in size on the property.

               a.   No rear and side yard setback shall be required for an accessory dwelling unit that is converted from any of the following, unless the Building Official or Fire Department determine that setbacks are required for fire and/or life safety:

                  (i)   An existing living area;

                  (ii)   An existing accessory structure;

                  (iii)   A structure constructed in the same location and to the same dimensions as an existing structure.

               b.   All other accessory dwelling units shall maintain a minimum rear and side-yard setback of four feet.

               c.   The setbacks for any reverse-corner lot shall be the same as otherwise required by this Code for the zone in which the lot exists.

               a.   No rear and side-yard setback shall be required for an accessory dwelling unit that is converted from any of the following, unless the Building Official or Fire Department determine that setbacks are required for fire and/or life safety:

                  (i)   An existing area of a multifamily dwelling that is not used as living space;

               b.   All detached accessory dwelling units shall maintain a minimum rear and side-yard setback of four feet.

               c.   The setbacks for any reverse-corner lot shall be the same as otherwise required by this Code for the zone in which the lot exists.

               e.   Maximum height. Each newly constructed detached accessory dwelling unit shall be limited in height to one story, with a maximum height not to exceed 18 feet – as measured in accordance with § 153.130.040 of this Code. The conversion of an existing accessory structure or portion of the existing space within the primary building to and ADU is not subject to height restrictions. An attached ADU shall be permitted to match the primary dwelling in both story and height. The roof style and pitch shall match the primary dwelling unit.

         (a)   When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the previously existing parking spaces do not need to be replaced.

            1.   If an accessory dwelling unit that resulted in a reduction or elimination of off-street parking otherwise required by this Code is removed or eliminated, all off-street parking required by this Code at the time the accessory dwelling unit is to be eliminated shall be provided concurrently with the elimination of the accessory dwelling unit including a demolition permit. The new garage shall meet the requirements for residential off-street parking requirements.

         (a)   Exception. An accessory dwelling unit for which the required ministerial accessory dwelling unit permit and/or building standards permit(s) has been issued between January 1, 2020 and December 31, 2024, and for which a certificate of occupancy is issued prior to the expiration of the accessory dwelling unit permit and/or building standards permit(s), shall not be subject to the owner-occupancy requirements set forth in § 153.120.360(F)(1)

       (2)   Sale. An accessory dwelling unit may not be sold separately from the primary dwelling unit(s) on the parcel or lot upon which the accessory dwelling unit exists. An ADU shall only be sold or otherwise conveyed separately from the primary building on the lot if the primary building and the ADU were built or developed by a qualified non-profit corporation in accordance with Cal. Gov’t Code § 65852.26, as amended from time to time, and an affordable housing agreement is entered into by the applicant and the city.

         (a)   Prior to the occupancy of an accessory dwelling unit and/or the issuance of a certificate of occupancy for an accessory dwelling unit, the owner shall cause a deed restriction, in a form approved by the City Attorney’s Office, to be recorded in the County Recorder’s Office and a copy filed with the Planning Division. The deed restriction shall run with the land and bind all future owners. The deed restriction shall include, at a minimum, the following:

            1.   Declaration prohibiting the sale of the accessory dwelling unit separate from the sale of the primary dwelling unit;

            2.   Declaration that the accessory dwelling unit shall not be rented for any term or period of 30 consecutive calendar days or less;

            3.   Declaration restricting the size, attributes, and uses of the accessory dwelling unit to that which conforms to this section;

            4.   Declaration that the accessory dwelling unit adheres to all requirements of the Baldwin Park Municipal Code – including this section, and that it will be maintained, used, and occupied in compliance with the requirements of the Baldwin Park Municipal Code – including this section;

            5.   Declaration that upon elimination of any accessory dwelling unit that resulted in a reduction or elimination of off-street parking otherwise required by this Code, all off-street parking required by this Code at the time the accessory dwelling unit is to be eliminated shall be provided concurrently with the elimination of the accessory dwelling unit;

            6.   Declaration that all of the above deed restrictions may be enforced against future property owners; and

            7.   Other declarations as deemed necessary by the City Planner to ensure compliance with the requirements and restrictions of this section.

         (b)   The deed restriction may be removed, with city approval, if the owner eliminates the accessory dwelling unit (and restores any off-street parking spaces as required by § 153.120.360(E)(2)(a)1.) all required city approvals, permits, and inspections to the satisfaction of the city.

(Ord. 1464, passed 11-17-21; Am. Ord. 1512, passed 11-20-24)

   (A)   Junior accessory dwelling units. In accordance with the regulations and standards set forth in this section, one junior accessory dwelling unit shall be permitted as a matter of right, without any required discretionary review or discretionary permit, on any parcel of property with an existing or proposed single-family residential dwelling in any single-family residential zone as indicated in Table 153.040.020.

      (1)   Junior accessory dwelling units are prohibited on all properties with more than one single-family dwelling on the lot or proposed to be erected on the lot. A lawfully established detached accessory dwelling unit shall not be deemed a single-family dwelling unit for purposes of this section.

         (a)   A fully-dimensioned site plan containing the following information pertaining to the property upon which the junior accessory dwelling unit is proposed to be established:

            1.   Name and address of the applicant and of all persons owning any or all of the property;

            2.   Evidence that the applicant is the owner of the property or otherwise has the written permission of the owner(s);

            3.   Address and assessor parcel number of the property;

            4.   Property dimensions and square footage of the property;

            5.   The use, location, size of all existing buildings and structures on the property and the proposed junior accessory dwelling unit, yards, driveways, access and parking areas, landscaping, walls or fences, and other similar features; and

         (b)   A fully-dimensioned floor plan of the existing primary dwelling and the proposed junior accessory dwelling unit.

         (a)   An application for required building, electrical, plumbing, or mechanical permits for a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing.

         (b)   The city shall act upon any application for ministerial permits for the establishment of a junior accessory dwelling unit within 60 calendar days from the date a completed application (with all supporting material and fees) has been received by the city.

            1.   If the application to establish a junior accessory dwelling unit is submitted with an application to create a new single-family dwelling on the lot, the city is authorized to delay action upon any permits for the accessory dwelling unit until the city acts upon the application for the single-family dwelling.

            2.   If the applicant requests a delay, the 60-day period shall be tolled for the requested delay.

      (1)   A junior accessory dwelling unit shall not be considered a separate or new dwelling unit for purposes of providing service for water, sewer, or power.

         (a)   A kitchen sink;

         (b)   Cooking facility with appliances as required for an efficiency unit pursuant to Cal. Health and Safety Code § 17958.1 and Cal. Building Code § 1207.4 (or any subsequent amendments thereto); and

         (c)   A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

         (a)   If the junior accessory dwelling unit shares sanitation facilities with the existing single-family residence, the junior accessory dwelling unit shall also be accessible from the main living area of the primary single-family residence.

         (a)   Owner-occupancy shall not be required if the owner of the property is another governmental agency, land trust, or housing organization.

         (a)   Prior to the occupancy of a junior accessory dwelling unit and/or the issuance of any certificate of occupancy for a junior accessory dwelling unit, the owner shall cause a deed restriction, in a form approved by the City Attorney's Office, to be recorded in the County Recorder's Office and a copy to be filed with the Planning Division. The deed restriction shall run with the land and bind all future owners. The deed restriction shall include, at a minimum, the following:

            1.   Declaration prohibiting the sale of the junior accessory dwelling unit separate from the sale of the primary single-family residence;

            2.   Declaration that the junior accessory dwelling unit shall not be rented for any term or period of 30 consecutive calendar days or less;

            3.   Declaration restricting the size, attributes, and uses of the junior accessory dwelling unit to that which conforms to this section;

            4.   Declaration that the owner of the property on which the junior accessory dwelling unit exists or is proposed to exist shall reside either within the junior accessory dwelling unit or the remaining portion of the single-family residence at all times;

            5.   Declaration that the junior accessory dwelling unit adheres all requirements of the Baldwin Park Municipal Code – including this section, and that it will be maintained, used, and occupied in compliance with the requirements of the Baldwin Park Municipal Code – including this section;

            6.   Declaration that all of the above deed restrictions may be enforced against future property owners; and

            7.   Other declarations as deemed necessary by the City Planner to ensure compliance with the requirements and restrictions of this section.

         (b)   The deed restriction may be removed, with city approval, if the owner eliminates the junior accessory dwelling unit with all required city approvals, permits, and inspections to the satisfaction of the city.

(Ord. 1464, passed 11-17-21; Am. Ord. 1512, passed 11-20-24)

   The purpose of regulating service stations is to establish a comprehensive set of regulations regarding the placement, location and development of service stations to ensure compatibility with surrounding properties and minimize potentially adverse impacts associated with increased traffic and permitted outdoor activities.

(Ord. 1346, passed 5-2-12)

   In addition to the development standards set forth in subchapter 153.050, Commercial and Industrial Zones, the following shall apply to service stations.

   (A)   Minimum lot area. The minimum lot area upon which a service station is located shall comply with these requirements.

      (1)   The minimum lot area required for a service station shall be 15,000 square feet.

      (2)   The minimum lot area required for a service station that is combined with another principal use shall be 20,000 square feet.

      (3)   The minimum lot area required for a service station that has the facilities for dispensing diesel fuel shall be 20,000 square feet.

   (B)   Minimum lot width. The minimum lot width of a service station shall be 100 feet.

   (C)   Minimum yard dimensions. The following minimum yard dimensions shall be required for all service station developments.

      (1)   The minimum front yard setback shall be 15 feet.

      (2)   The minimum street side yard setback shall be 15 feet.

   (D)   Yard area. No buildings or structures shall be permitted in any required yard area, except for the following permitted accessory uses.

      (1)   Front and street side yard areas may contain freestanding signs and light fixtures.

      (2)   Side yard areas may contain any permitted accessory use.

      (3)   Rear yard areas may contain any permitted accessory use per these standards.

         (a)   The minimum distance between a building or structure and the property line separating the rear yard from an alley shall be five feet.

         (b)   The minimum distance between a building or structure and the property line separating the rear yard from a street shall be 15 feet.

   (E)   Vehicle circulation. Vehicle circulation for the pump islands shall not block or obstruct on-site parking facilities and/or off-site traffic circulation.

(Ord. 1346, passed 5-2-12)

   (A)   Driveway approach approval. To minimize traffic hazards, the location and size of driveway approaches from any street shall be subject to approval of the Director of Public Works.

   (B)   Driveway abutting a building wall facing side or rear yard. Wherever a permitted driveway abuts a wall of a building facing a side or rear yard area, that portion of the wall shall be located at least 20 feet from the lot line.

(Ord. 1346, passed 5-2-12)

   All landscaping shall be automatically irrigated and maintained and provided as follows.

   (A)   Landscape planter. A five-foot-wide planter shall be installed along all street side property lines, with the exception of driveway openings.

   (B)   Corner lot planting area. A minimum of 150 square feet of planting area shall be maintained at the main corner intersection of a corner lot.

   (C)   Building façade planting area. A minimum of 40 square feet of planting area along the building façade that faces a street shall be maintained.

   (D)   Enclosed landscaped areas. All landscaped areas shall be enclosed within a masonry planter box or a six-inch concrete curbing.

(Ord. 1346, passed 5-2-12)

   (A)   Employee breakroom entrance. The entrance to all employee breakrooms shall be screened from view of abutting or adjacent properties and streets by a decorative screen.

   (B)   Tire display. Movable pallets or racks for the display of new tires shall be permitted, provided that they are located within ten feet of the service station building. In addition, one permanent enclosable tire cabinet shall be permitted, provided that it is located within ten feet of the service building and not within the required yard areas.

   (C)   Equipment within enclosed building. Hydraulic hoists or pits and all lubrication, greasing, automobile washing, steam cleaning and repair equipment shall be used and wholly stored within an enclosed building.

   (D)   Merchandise within closeable cabinets/racks. With the exception of tires, batteries, accessories and lubricating items, all other merchandise shall be stored and displayed within closeable cabinets or racks inside of the service station building.

(Ord. 1346, passed 5-2-12)

   The purpose of regulating solar panels is to continue to maintain a high aesthetic standard within residential neighborhoods.

(Ord. 1346, passed 5-2-12)

   (A)   Solar panels and equipment roof-mounted and visible from street. Solar panels and related equipment mounted on roofs clearly visible from the street shall conform to the following:

      (1)   Solar panels shall be generally mounted parallel with the roof pitch;

      (2)   The distance between the roof and the uppermost portion of the solar panel shall not exceed 18 inches; and

      (3)   Roof penetration shall be used to conceal water lines and/or electrical wiring from public view.

   (B)   Solar panels and equipment roof-mounted but not visible from street. Solar panels and related equipment mounted on roofs not clearly visible from the street shall conform to the following:

      (1)   Solar panels shall be generally mounted parallel with the roof pitch;

      (2)   The distance between the roof and uppermost portion of the collector shall not exceed two feet; and

      (3)   Exposed water lines are permitted, provided the covering insulation is colored to match that of the abutting roof and wall surfaces, and eave penetration is used for perpendicular descent of water lines from the roof to the exterior building wall surfaces.

   (C)   Structural supports and brackets. All mounting brackets and related structural supports extending more than three inches above the roof surface shall be covered in a manner architecturally compatible with the building to screen from public visibility and/or abutting properties.

   (D)   Match abutting surface color. All solar equipment, except portions of the collectors that must be black or clear glass or plastic to allow light transmission, including mounting brackets and/or screening materials, shall match the abutting surface color.

   (E)   Ridge line and gutter line. No portion of any roof-mounted solar equipment may extend above the ridge line or below the gutter line.

   (F)   Certification and labeling. The system must be certified by the state and appropriately labeled.

   (G)   Building permits and code requirements. All installations must be have applicable building permits and done in compliance with building and safety code requirements.

(Ord. 1346, passed 5-2-12)

   The purpose of regulating the storage, parking and repairing of vehicles is to minimize potentially adverse effects on surrounding residents and properties.

(Ord. 1346, passed 5-2-12)

   (A)   Parking in parking facility or driveway. No person shall park any vehicle, or any component thereof, for any purpose, in any area on any private property other than in a legally established parking facility or driveway leading to a parking facility.

   (B)   No parking on unimproved lot. No person shall park any vehicle, or any component thereof, for any purpose, on an unimproved lot.

   (C)   Offering vehicle for sale. No person shall park any vehicle, or any component thereof, in a public or private parking lot or area for the purpose of offering the vehicle for sale.

   (D)   Abandoned and inoperable vehicles. No person shall store or park an abandoned or inoperable automobile, recreational vehicle, camper shell or boat on the driveway of a private property for more than seven days.

   (E)   Commercial vehicles over one ton. No person shall store or park any commercial vehicle, as described in the State Vehicle Code, weighing over one ton in any residential zone.

   (F)   Vehicles over 6,000 pounds. No person shall store or park any vehicle, weighing over 6,000 pounds, on any portion of a commercially or industrially zoned lot, with the exception of an off-street parking or loading facility permitted pursuant to this Zoning Code.

(Ord. 1346, passed 5-2-12) Penalty, see § 10.99

   The purpose of regulating the location and standards for public telephones is to minimize potentially adverse effects on surrounding properties.

(Ord. 1346, passed 5-2-12)

   Public coin-operated telephones, hereafter telephone, shall be permitted as accessory uses on lots classified in any of the C or I zones, provided any such telephone conforms to the following standards.

   (A)   Lighting. The area in which a telephone is located shall be fully lit to provide adequate security lighting, as approved by the Police Department.

   (B)   Maintenance responsibility. The owner and/or person entitled to occupancy of the lot upon which a telephone is located shall be responsible to ensure that the telephone is maintained at all times in good working order and condition.

   (C)   Maintenance and operation. Each telephone shall be maintained in an operative condition. Inoperative telephones shall be removed within 30 days after they become inoperative.

   (D)   Location related to public right-of-way. No telephone shall be located so that it projects into a public right-of-way or be located so that any person using the telephone is required to be in a public right-of-way.

   (E)   Maximum number of telephones. The maximum number of telephones permitted on any lot shall be limited as follows.

      (1)   On lots having a lot area of 15,000 square feet or less, two telephones.

      (2)   On lots having a lot area of more than 15,000 square feet, but less than ten acres, three telephones.

      (3)   On lots having a lot area of ten acres or more, four telephones.

   (F)   Signage. That one sign, not exceeding four square feet of sign face area, shall be permitted to be located upon each lot where a telephone is located, and the purpose of such a sign shall be to advise by words, letters or symbols the fact that a telephone is located on the premises.

   (G)   Location related to setback. Telephones and their supporting structures may not be located within any required setback, whether or not such setback is landscaped.

   (H)   Location related to entrances. The telephone shall be located a minimum of ten feet away from each entrance and/or exit to a building or commercial unit.

   (I)   Telephones within enclosed building. The limitations contained in divisions (A) through (H) of this section shall not apply to a telephone which is located within an enclosed building, if such building has at least 500 square feet of floor area.

(Ord. 1346, passed 5-2-12)

   Any telephone nonconforming to the standards listed in § 153.120.480(A) through (I) shall be subject to immediate abatement.

(Ord. 1346, passed 5-2-12)

   Consistent with Cal. Gov’t Code §§ 65582, 65583(a) and 65589.5, all California cities are required to identify a zone in which to permit emergency shelters by right. The purpose of regulating the siting of emergency shelters is to ensure the development of emergency shelters do not adversely impact adjacent parcels or the surrounding neighborhood, and shall be developed in a manner which protects the health, safety and general welfare of the nearby residents and businesses, while providing for the housing needs of the homeless.

(Ord. 1346, passed 5-2-12)

   (A)   Maximum beds. The emergency shelter shall contain a maximum of 30 beds and shall serve no more than 30 homeless persons at a time.

   (B)   Maximum length of stay. Temporary shelter shall be available to residents for no more than six months. Staff and services shall be provided to assist residents to obtain permanent shelter and income.

   (C)   Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way and of an intensity compatible with the neighborhood.

   (D)   Onsite management. Onsite management of the facility shall be required during all open hours of operation.

   (E) Management plan. The emergency shelter provider/operator shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to ensure compatibility with services provided at the facility and for training, counseling and treatment programs for residents.

   (F)   Licenses. The emergency shelter facility shall demonstrate that it is in and maintains in good standing county and/or state licenses, if required by these agencies for the owner(s), operator(s) and/or staff on the proposed facility.

(Ord. 1346, passed 5-2-12)

   In addition to the development standards set forth in subchapter 153.050, Commercial and Industrial Zones, the following shall apply to emergency shelters.

   (A)   Proximity to other emergency shelters. No more than one emergency shelter shall be permitted within a radius of 300 feet.

   (B)   Waiting and intake areas. Interior onsite waiting and client intake areas must be at least 200 square feet. Outdoor onsite waiting areas may be a maximum of 100 square feet, and must be located within 50 feet of the public right-of-way.

   (C)   Security. Parking and outdoor facilities shall be designed to provide security for residents, visitors and employees.

   (D)   Common facilities. The development may provide one or more of the following specific common facilities for the exclusive use of the residents:

      (1)   Central cooking and dining room(s);

      (2)   Recreation Room;

      (3)   Counseling center;

      (4)   Child care facilities; and

      (5)   Other support services.

   (E)   Parking. On-site parking for emergency shelters shall be subject to requirements set forth in § 153.150.040.

(Ord. 1346, passed 5-2-12)

   The purpose of regulating massage and accessory massage uses is to promote operation of legitimate massage services and to prevent problems of blight and deterioration that accompany and are brought about by large numbers of massage establishments that may act as fronts for prostitution and other illegal activity.

(Ord. 1346, passed 5-2-12)

   (A)   Chapter 118: Massage Establishments. All accessory massage services and massage establishments shall comply with all applicable provisions of Title XI, Chapter 118, Massage Establishments, of this code.

   (B)   Accessory massage services. Accessory massage services shall only be provided in conjunction with a bona fide athletic club, gym, health club, hotel, day spa, medical office, chiropractic office, holistic health practitioner establishment, beauty parlor, beauty salon or hair salon.

   (C)   Hours of operation. The hours of operation for an accessory massage service and/or a massage establishment functioning as an independent use shall be between the hours of 7:00 a.m. and 9:00 p.m.

(Ord. 1346, passed 5-2-12) Penalty, see § 10.99

   The development standards set forth in subchapter 153.050, Commercial and Industrial Zones, shall apply to massage establishments, unless otherwise specified here. The location of massage establishments shall be limited as follows.

   (A)   Proximity to other massage establishments. No more than one massage establishment shall be permitted within a radius of 500 feet.

   (B)   Proximity to schools, parks and playgrounds. A massage establishment shall not be located within 500 feet of any public or private school, park or playground.

   (C)   Proximity to residential zoning districts. A massage establishment shall be a minimum of 250 feet from a residential zoning district.

   (D)   Locational restrictions waiver. A property owner may apply for a waiver of the locational restrictions contained in this section. The review authority, after a public hearing, may waive any location restriction, if all of the following findings are made:

      (1)   The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed;

      (2)   The use at the proposed location will not adversely affect the use of a place used exclusively as a school, park or playground; and

      (3)   All applicable standards of this code and this zoning code will be observed.

(Ord. 1346, passed 5-2-12) Penalty, see § 10.99

   The purpose of regulating commercial cannabis production activity (as defined in Chapter 127 of the City Municipal Code) is to comply with California state law in a manner designed to minimize negative impact on the city, and to promote the health, safety, morals, and general welfare of residents and businesses within the city.

(Ord. 1461, passed 11-3-21; Am. Ord. 1501, passed 4-5-23)

(Ord. 1461, passed 11-3-21; Am. Ord. 1501, passed 4-5-23)

   The development standards set forth in subchapter 153.050, Commercial and Industrial Zones, shall apply to commercial cannabis facilities, unless otherwise specified here. The location and types of commercial cannabis facilities shall be limited as follows:

      (1)   All activity shall occur in an enclosed locked structure. Locks shall be of commercial grade. Residential door locks are prohibited.

      (2)   From a public right-of-way, there should be no exterior evidence of the manufacturing, cultivation and/or distribution of medical and adult use cannabis.

      (3)   All licensed premises shall comply with the city’s lighting standards including, without limitation, fixture type, wattage, illumination levels, and shielding and secure the necessary approvals and permits, as needed.

      (4)   All windows on the licensed premises shall be appropriately secured and all cannabis securely stored.

      (5)   All operations conducted within a licensed premises, and all equipment used must be in compliance with all applicable state and local laws, including all building, electrical, and fire codes.

      (6)   Areas that are wet locations, and the electrical system in such areas must comply with Title 8 of this code, Article 300.6(0) of the National Electric Code, city and California building codes, fire codes, electrical codes, and all other applicable laws.

      (7)   Licensed premises are permitted under this chapter under a Group F-1 (Factory Industrial Moderate-Hazard) Occupancy under the Fire Code. All new construction shall be fire sprinkled per the Fire Code. For all commercial cannabis facilities that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:

         (a)   A Group F-1 fire area exceeds 12,000 square feet.

         (b)   A Group F-1 fire area is located more than three stores above grade plane.

         (c)   The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 22,000 square feet;

      (8)   All licensed manufacturing and cultivating premises shall possess air scrubbers or a filtration system capable of eliminating odors from escaping the building before operating.

      (10)   The manufacture, distribution, and transportation of edible cannabis products shall be conducted in a manner that complies with all applicable food safety laws for the protection of humans consuming cannabis.

      (11)   All products, storage facilities, utensils, equipment, and materials used for the manufacture of edible cannabis products shall be approved, used, managed, and handled in accordance to the provisions of all state and county health and safety laws regarding the preparation, distribution, labeling, and sale of food.

      (12)   Any manufacturing site that proposes to prepare, store, dispense, and distribute edible cannabis products shall comply with the relevant provisions of all state and county health and safety laws regarding the preparation, distribution, labeling, and sale of food.

      (13)   No food production shall be allowed in a facility where edible cannabis products are manufactured to avoid the unintentional contamination of non-cannabis foods with cannabis.

      (14)   All owners, employees, volunteers, or other individuals that participate in the production of edible cannabis products shall be state certified food handlers. The valid certificate number of each such owner, employee, volunteer, or other individual shall be on record at the permitted premises where said individual participates in the production of edible cannabis products.

      (1)   Security cameras shall be installed and maintained in good working condition, and used in an on-going manner with at least 240 continuous hours of digitally recorded documentation in a format approved by the Chief of Police and/or his designee. The cameras shall be in use 24 hours per day, seven days per week. The areas to be covered by the security cameras include, but are not limited to, the storage areas, manufacturing or cultivation areas, all doors and windows, and any other areas as determined by the Chief of Police and/or his designee.

      (2)   Entrances to any storage areas shall be locked at all times and under the control of licensee's staff.

      (3)   The business entrance(s) and all window areas shall be illuminated during evening hours. The applicant shall comply with the city's lighting standards regarding fixture type, wattage, illumination levels, shielding, etc., and secure the necessary approvals and permits as needed.

      (4)   All windows on the licensee's building shall be unopenable or locked and all product securely stored.

      (5)   Each licensee shall implement a system to track the cultivation and manufacturing of cannabis in order to prevent the licensee from diverting or transporting cannabis to any location not authorized by state laws or any local law or regulation.

      (6)   All waste and disposal containers shall be stored in a secure area, and under the control of licensee's staff.

      (7)   Each licensed premises shall have a security alarm system, installed by a licensed alarm company that alters the alarm monitoring company on all premises entry points and windows.

      (8)   Each licensed premises must be continuously monitored by an alarm monitoring company.

      (9)   The licensed premises shall maintain up-to-date records and existing contracts on the premises that describe the location and operation of each security alarm system, a schematic of security zones, the name of the licensed alarm company, and the name of any vendor monitoring the premises.

      (10)   Upon request, each licensee shall make available to the Chief Executive Officer or any state or local law enforcement agency, for a purpose authorized by this chapter or state or local law enforcement purpose, all information related to security alarm systems, recordings, monitoring, and alarm activity.

      (11)   Prior to exercising the privileges of a permit under this chapter, an applicant must install fully operational video surveillance and camera recording system. The recording system must record in digital format and meet the requirements outlined in this section.

      (12)   All physical non-cloud based video surveillance records must be stored in a secure area that is only accessible to the management staff of the licensed premises.

      (13)   Video surveillance records and all recordings must be made available upon request to the Chief of Police or any other state or local law enforcement agency for a purpose authorized by this chapter or for any other state or local law enforcement purpose.

      (14)   Video surveillance records shall be held in confidence by all employees and representatives of the Chief Executive Officer, except that the Chief of Police or his designee may provide such records and recordings to a state or local law enforcement agency for a purpose authorized by this chapter or for a state or local law enforcement purpose.

      (15)   A sign shall be posted in a conspicuous place near each point of public access that shall be not less than 12 inches wide and 12 inches high, composed of letters not less than one inch in height, stating "All Activities Monitored by Video Camera" or "These Premises Are Being Digitally Recorded" or otherwise advising all persons entering the licensed premises that a video surveillance and camera recording system is in operation at the licensed premises and recording all activity as provided in this chapter.

      (16)   The licensed premises should use video surveillance equipment and a camera system that can be accessed remotely 24 hours a day by the Baldwin Park Police Department and the city, as specified in each development agreement.

      (17)   Video surveillance equipment shall, at a minimum, consist of digital or video recorders, cameras capable of meeting the recording requirements described in this section, video monitors, digital archiving devices, and a color printer capable of delivering still photos.

      (18)   All video surveillance systems must be equipped with a failure notification system that provides prompt notification to the licensed permit holder of any prolonged surveillance interruption and/or the complete failure of the surveillance system.

      (19)   Licensed premises are responsible for ensuring that all surveillance equipment is properly functioning and maintained so that the playback quality is suitable for viewing and the surveillance equipment is capable of capturing the identity of all individuals and activities in the monitored areas.

      (20)   All video surveillance equipment shall have sufficient battery backup to support a minimum of four hours of recording in the event of a power outage.

      (21)   Camera placement shall be capable of identifying activity occurring within 20 feet of all points of ingress and egress and shall allow for the clear and certain identification of any individual and activities on the licensed premises.

      (22)   All entrances and exits to the facility shall be recorded from both indoor and outdoor vantage points.

      (23)   The system shall be capable of recording all pre-determined surveillance areas in any lighting conditions. If the licensed premises has a cannabis cultivation area, a rotating schedule of lighted conditions and zero-illumination can occur as long as ingress and egress points to those areas remain constantly illuminated for recording purposes.

      (24)   Areas in which cannabis is grown, tested, cured, manufactured, or stored shall have camera placement in the room facing the primary entry door at a height that provides a clear, unobstructed view of activity without sight blockage from lighting hoods, fixtures, or other equipment.

      (25)   Cameras shall also be placed at each location where weighing, packaging, transport, preparation, or tagging activities occur.

      (26)   At least one camera must be dedicated to record the access points to the secured surveillance recording area.

      (27)   All outdoor cultivation areas must meet the same video surveillance requirements applicable to any other indoor limited-access areas.

      (28)   Surveillance recording equipment must be housed in a designated, locked and secured room or other enclosure with access limited to authorized employees, agents of the Chief Executive Officer, state or local law enforcement agencies for a purpose authorized by this chapter or for any other state or local law enforcement purpose, and service personnel or contractors.

      (29)   The licensee must keep a current list of all authorized employees and service personnel who have access to the surveillance system and/or room on the licensed premises. Licensed premises must keep a surveillance equipment maintenance activity log on the licensed premises to record all service activity, with the identity of the individual(s) performing the service, the service date and time, and the reason for service to the surveillance system.

      (30)   Off-site monitoring and video recording storage of the licensed premises or an independent third-party is authorized as long as standards exercised at the remote location meets or exceeds all standards for on-site monitoring.

      (31)   Each licensed premises located in a shared building must have a separate surveillance room/area that is dedicated to that specific licensed premises. All minimum requirements for equipment and security standards as set forth in the section apply to the review station.

      (32)   All camera views of all recorded areas must be continuously recorded 24 hours a day.

      (33)   All surveillance recordings must be kept for a minimum of 90 days and be in a format that can be easily accessed for viewing on premises. Video recordings must be archived in a format that ensures authentication of the recording as legitimately captured video and guarantees that no alteration of the recorded image has taken place.

      (34)   The surveillance system or equipment must have the capabilities to produce a color still photograph from any camera image, live or recorded.

      (35)   The date and time must be embedded on all surveillance recordings without significantly obscuring the picture.

      (36)   Time is to be measured in Pacific Standard Time in accordance with the U.S. National Institute of Standards and Technology.

      (37)   After the 90-day surveillance video retention schedule has lapsed, surveillance video recordings must be erased or destroyed prior to being discarded or disposed of for any other purpose. Surveillance video recordings may not be destroyed if the permit holder knows or should have known of a pending criminal, civil, or administrative investigation or any other proceeding for which the recording may contain relevant information.

(Ord. 1461, passed 11-3-21)