La Mirada City Zoning Code
ARTICLE VI
SPECIFIC LAND USE PROVISIONS
21.41.010 Purpose.
The purpose of this chapter is to implement the provisions of state law as reflected in Government Code Section 65852.28, Section 65913.4.5, and Section 66499.41 which aims to facilitate the development of the development of small lot ownership units by streamlining the approval process for residential development projects with ten or fewer units.
(Ord. 736, § 5 (part), 2025).
21.41.020 Applicability.
(a) Within 60 days from the receipt of a complete application, the City shall determine if the housing development project meets all the following requirements:
(1) The parcel is located within one of the following zoning districts: R-3, R-4, or MUO.
(2) The proposed subdivision will result in ten or fewer parcels and the housing development project on the lot proposed to be subdivided will contain ten or fewer residential units.
(3) The lot is no larger than five acres and substantially surrounded by qualified urban uses.
(4) The lot is a legal parcel.
(5) The lot was not established pursuant to this chapter or through the process for an urban lot split as established in Chapter 20.30 of the La Mirada Subdivision Code.
(6) The housing units on the lot proposed to be subdivided are one of the following:
(A) Constructed on fee simple ownership lots;
(B) Part of a common interest development;
(C) Part of a housing cooperative, as defined in Civil Code Section 817; or
(D) Owned by a community land trust meeting the requirements of Government Code Section 66499.41.
(7) The lot being subdivided is not located on a site that is any of the following:
(A) Prime farmland or farmland of statewide importance, or land zoned or designated for agricultural protection or preservation by local ballot measure;
(B) Wetlands, as defined in the United States Fish and Wildlife Manual;
(C) Within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection;
(D) A hazardous waste site listed pursuant to California Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the project sponsor has secured a letter from the State Department of Public Health, State Water Resources Control Board, or the Department of Toxic Substance Control stating that the site is suitable for residential uses;
(E) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2; within a special flood hazard area subject to inundation by the 1% annual chance flood (100-year flood), unless the site meets the criteria of California Government Code section 66499.41 (a)(9)(F);
(F) Within a regulatory floodway;
(G) Land identified for conservation;
(H) Habitat for protected species; or
(I) Land under conservation easement.
(b) Housing development not eligible. A housing development shall not be eligible for provisions of this chapter if it would result in the demolition of any of the following types of housing:
(1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of low, very low, or extremely low income.
(2) Housing that is subject to any form of rent or price control through a local public entity's valid exercise of its police power.
(3) Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
(4) A parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(Ord. 736, § 5 (part), 2025).
21.41.030 Exceptions to the development standards.
The development standards prescribed in the applicable individual zone regulations shall be subject to the following exceptions:
(a) The resulting parcels shall have a minimum lot size of 600 square feet, and the minimum lot width and minimum lot frontage dimensional requirements shall not apply.
(b) Interior side setbacks are not required between units, except as required by the building code.
(c) A minimum rear setback of four feet is required; and a minimum street side setback of four feet or the setback for the underlying zone, whichever is less, is required between lots and adjacent streets.
(d) A minimum side yard setback of four feet or the setback for the underlying zone, whichever is less, is required between lots and adjacent lots not part of the SB 684 subdivision.
(e) Projects with three to seven units shall have a maximum floor area ratio (FAR) of 1.0. Projects between eight and ten units shall have a maximum of 1.25.
(f) One parking space which may be uncovered or not enclosed, shall be required per unit constructed on a parcel created pursuant to the procedures in this section, except that no parking may be required where the parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor or a major transit stop, as defined in Chapter 21.200.
(g) The average total area of floorspace for the proposed housing units on the lot proposed to be subdivided does not exceed 1,750 square feet.
(Ord. 736, § 5 (part), 2025).
21.41.040 Application procedure.
The Director shall ministerially review, without a hearing, an application for a housing development project on a lot that is subdivided pursuant to this Chapter and Government Code Section 66499.41, and shall approve the application if the criteria in Government Code Section 65852.28 and this section are satisfied.
(Ord. 736, § 5 (part), 2025).
21.41.050 Finding for denial.
A proposed housing development under this chapter may only be denied if the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. For purposes of this section, a "specific adverse impact" is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.
(Ord. 736, § 5 (part), 2025).
21.42.010 Purpose.
The purpose of this chapter is to identify and regulate accessory uses of property in all zoning districts to ensure such uses are developed and conducted in a manner that does not create any public safety or nuisance concerns.
(Ord. 612 Exhibit A (part), 2008).
21.42.020 Permitted accessory uses.
(a) Residential Zoning Districts. The following accessory uses are permitted in all residential zoning districts. Uses are subject to compliance with listed conditions and other provisions of this title.
(1) Antennas, cables, and wireless telecommunication facilities in accordance with provisions of Chapter 21.46.
(2) Home occupations in accordance with provisions of Chapter 21.98.
(3) Rental of rooms. Except as otherwise provided by law, the number of rental agreements permitted for any one dwelling at any one point in time shall be limited to two such agreements, written or oral.
(4) Rental and sales offices for the leasing and/or sales of units located in the same apartment or condominium complex.
(5) Homeowner association and/or clubhouse buildings for resident and guest use with approval of a conditional use permit pursuant to Chapter 21.110.
(6) Guest houses and cabañas, provided no kitchen facilities exist within the structure.
(7) Swimming pools and spas, provided that no swimming pool or spa is located in a required front yard, is no nearer than three feet to any fence or building wall, and conforms to all building code and health and safety code requirements.
(b) Commercial and Industrial Zoning Districts. The following accessory uses are permitted in all commercial and industrial zoning districts. Uses are subject to compliance with listed conditions and other provisions of this title.
(1) A dwelling unit within a business building, provided such unit is occupied solely by a caretaker or watchman of the building or business.
(2) Pharmacies, the sale of retail merchandise, and similar small-scale accessory uses are allowed subordinate to a primary use, provided there is no external evidence of any commercial activity other than the primary use of the site (e.g. signs, products).
(3) Antennas, cables, and wireless telecommunication facilities in accordance with provisions of Chapter 21.46.
(4) Automatic teller or cash machine(s).
(5) Outdoor sales, display, storage and seating in compliance with provisions of the applicable zoning district.
(6) Recreation facilities (indoor and outdoor) for use by employees.
(7) Recycling collection facilities in compliance with provisions of Chapter 21.50.
(8) Automatic vending machines.
(9) Swimming pools and spas, provided that no swimming pool or spa is located in a required front yard, is no nearer than three feet to any fence or building wall, and conforms to all building code and health and safety code requirements.
(c) Open Space Zoning District. The following accessory uses are permitted in the open space zoning district. Uses are subject to compliance with listed conditions and other provisions of this title.
(1) Antennas, cables, and wireless telecommunication facilities in accordance with provisions of Chapter 21.46.
(2) Bus shelters and park-and-ride lots.
(3) Recreation, refreshment, and service buildings in public parks.
(4) Swimming pools and spas, provided that no swimming pool or spa is located in a required front yard, is no nearer than three feet to any fence or building wall, and conforms to all building code and health and safety code requirements.
(5) Recycling collection facilities in compliance with provisions of Chapter 21.50.
(6) Automatic vending machines.
(Ord. 612 Exhibit A (part), 2008).
21.43.010 Purpose.
This chapter sets forth regulations for single room occupancy (SRO) units as defined in Section 21.200.200. (Ord. 736, § 5 (part), 2025).
21.43.020 Applicability.
Single room occupancy developments are permitted by-right in the Mixed Use Overlay zone and in zoning districts that allow multi-family residential development, subject to issuance of a conditional use permit. (Ord. 736, § 5 (part), 2025).
21.43.030 Development standards.
Single room occupancy (SRO) residential developments shall be subject to and comply with the development standards of the zoning district in which they are located and the following standards and regulations:
(a) SROs are only permitted on second floors and above.
(b) The minimum size for the individual units is 200 square feet of floor area.
(c) The minimum number of SROs in a single building shall be 35 units, and shall include the following amenities:
(1) One laundry room facility per floor.
(2) An on-site manager's apartment.
(3) Secured bicycle racks or motorcycle spaces shall be provided at a minimum ratio of one for each ten tenants.
(d) Each SRO unit shall include the following:
(1) Bathroom with shower in separate room from main living quarters.
(2) A minimum of one closet no less than six square feet in size.
(3) Adequate heating and air conditioning. Air conditioning units may be installed for each SRO unit as long as they are flush with the exterior wall surface (window air conditioning units are not permitted).
(4) Kitchen counter top with a minimum depth of 12 inches and width of 24 inches.
(5) Space and proper wiring for microwave and refrigerator.
(6) Kitchen sink with garbage disposal.
(e) SRO occupancy shall be limited as follows:
(1) A maximum of one adult person, with a maximum occupancy of three persons per unit. (Ord. 736, § 5 (part), 2025).
21.43.040 Application Procedure.
Approval of projects pursuant to this chapter shall require a Zoning Clearance pursuant to Chapter 21.96. No public hearing or notice shall be required.
(Ord. 736, § 5 (part), 2025).
21.44.010 Purpose and intent.
The intent of these regulations is to prevent problems of blight and deterioration which can be brought about by the concentration of adult entertainment businesses in close proximity to incompatible uses such as schools, churches, parks, recreational centers, and residentially zoned districts or in proximity to other adult uses. The city council finds that it has been demonstrated in various communities that the concentration of adult entertainment businesses causes an increase in the number of transients in the area, and an increase in crime, and can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of these regulations to establish reasonable and uniform regulations to prevent the concentration of adult business establishments or their proximity to incompatible uses, while permitting such adult business establishments in certain areas.
(Ord. 612 Exhibit A (part), 2008).
21.44.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them in this section.
(1) "Adult entertainment business" means those businesses defined as follows:
(A) "Adult bookstore" means any establishment which has as a substantial or significant portion of its stock in trade:
(i) Books, films, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas, or
(ii) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
(B) "Adult cabaret" means any nightclub, theater, bar or other establishment which features live or media representations of performances by topless or bottomless dancers, go-go-dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(C) "Adult entertainment establishment" means any establishment which is customarily open only to one or more classes of the public, excluding any minor under the age of eighteen years by reason of age.
(D) "Adult mini motion picture theater" means any enclosed or unenclosed building with a capacity of less than fifty persons used for presenting any form of audio or visual material and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(E) "Adult model studio" means any place where, for any form of consideration of gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity.
(F) "Adult motel" means any motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(G) "Adult motion picture arcade" means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(H) "Adult motion picture theater" means any enclosed or unenclosed building with a capacity of fifty or more persons used for presenting any form of audio or visual material and in which substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(I) "Adult theater" means a theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature, which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.
(J) "Body painting studio" means any establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude or where specified anatomical areas are exposed.
(K) "Other adult entertainment businesses" means any other business or commercial establishment not defined in this section:
(i) Wherein, for any form of consideration, the establishment provides entertainment to patrons in which a substantial portion of the total presentation time is characterized by an emphasis on depicting, describing or relating to specified sexual activities or specified anatomical areas; and/or
(ii) Which devotes more than fifty percent of the total area used for display of its stock in trade to items, instruments and paraphernalia which are characterized by an emphasis on depicting, describing or relating to specified sexual activities.
(2) "Sexual encounter center" means any business, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas.
(3) "Establish" means and includes any of the following:
(A) The opening or commencement of operation of any adult entertainment business; or
(B) The conversion of any existing business, whether or not an adult entertainment business, to any adult entertainment business; or
(C) The relocation of any adult business; or
(D) The addition of any adult entertainment business to any existing adult entertainment business if the addition results in an enlargement of the place of business. For the purpose of this section, enlargement shall mean an increase in the size of the building within which the business is conducted by either construction or use of an adjacent building or portion thereof, which is located on the same or an adjacent lot or parcel of land.
(4) "Specified anatomical areas" means and includes any of the following:
(A) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or
(B) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(5) "Specified sexual activities" include the following:
(A) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship or the use of excretory functions in the context of a sexual relationship and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism.
(B) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence.
(C) Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation.
(D) Fondling or touching of nude human genitals, public region, buttocks or female breast.
(E) Masochism, erotic or sexually oriented torture, beating or the infliction of pain.
(F) Erotic or lewd touching, fondling or other contact with an animal by a human being.
(G) Human excretion, urination, menstruation, vaginal or anal irrigation.
(Ord. 612 Exhibit A (part), 2008).
21.44.030 Zoning clearance required.
(a) The establishment of an adult entertainment business requires zoning clearance approval in accordance with the standard application review procedures in Chapter 21.96. In addition to the findings required by Section 21.110.030 for the granting of a conditional use permit, the planning commission shall have the authority to deny a conditional use permit for an adult entertainment business if any of the following findings can be made:
(1) That information contained in the application or supplemental information requested from the applicant is false in any material detail.
(2) That the proposed location of the business would not comply with the requirements of this chapter.
(3) That the operation of the business is or would be in violation of any of the provisions herein.
(4) That the premises where the adult entertainment business is or will be located does not comply with all applicable laws including, but not limited to, the city's building, health, zoning, fire and property maintenance ordinances.
(5) That a permit to operate the adult entertainment establishment has been issued to the applicant, a partner of the applicant, or a stockholder of the applicant which stockholder owns more than ten percent of the applicant's corporate stock, which permit has been suspended and the period of suspension has not yet ended.
(b) The planning commission may place conditions on a conditional use permit to ensure compliance with these provisions and other sections of the Municipal Code.
(Ord. 612 Exhibit A (part), 2008).
21.44.040 Exceptions.
An adult entertainment business shall not include:
(1) Establishment where sexual therapy is being conducted by a practitioner properly licensed by the state to conduct such activities.
(2) Figure studio or school of art, or similar establishment which meets the requirements established in the Education Code of the State of California for the issuance or conferring of, and is in fact authorized thereunder, to issue and confer a diploma.
(Ord. 612 Exhibit A (part), 2008).
21.44.050 Location of adult businesses.
To fulfill the purposes of this chapter and to avoid a concentration of adult entertainment business uses, adult entertainment businesses are permitted in the industrial (M-2) zoning district located south of Stage Road, east of Valley View Avenue, north of Artesia, and west of the Orange County border, subject to the following location restrictions. For the purposes of this section, distance shall be measured as the shortest distance between two adult entertainment business structures or an adult entertainment business structure and the nearest property line of a residence, school, church, or community/public use site as specified herein.
(1) No adult entertainment business shall be located within five hundred feet of any existing residential zoning district or residential use.
(2) No adult entertainment business shall be located within five hundred feet of any church or similar place of worship, school or day care facility (public or private), park or playground, recreation facility, hospital, or public building (e.g., government office, sheriff station, courthouse, library).
(3) No adult entertainment business shall be located within five hundred feet of any other existing adult entertainment business.
(4) No adult entertainment businesses shall be established in a building in which the primary building face fronts on the following streets:
(A) Alondra Boulevard, east of Valley View Avenue and west of La Mirada Boulevard.
(B) Valley View Avenue, south of Stage Road and north of Artesia Boulevard.
(C) Rosecrans Avenue, west of Valley View Avenue and east of the city limits.
(D) Valley View Avenue north of Rosecrans Avenue.
(Ord. 612 Exhibit A (part), 2008).
21.44.060 Development and operational standards.
In addition to the development standards in the underlying M-2 zoning district, the following development and operational standards apply to adult entertainment business uses. In the event of conflict between these standards and the underlying zoning district regulations, the provisions of this section shall apply.
(1) Signs. Signs, advertisements, displays, or other promotional materials depicting or describing specific anatomical areas or specific sexual activities or displaying instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities shall not be shown or exhibited so as to be discernible by the public beyond the walls of the building or portion thereof in which the adult entertainment business is conducted.
(2) Noise. No loudspeakers or sound equipment shall be used by adult entertainment businesses for amplification of sound to a level discernible by the public beyond the walls of the building or portion thereof in which the adult entertainment business is conducted.
(3) Parking lot lighting. All off-street parking areas and premise entries of the adult entertainment business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on parking surfaces and walkways.
(4) Landscaping. No landscaping shall exceed thirty inches in height, except trees with foliage not less than six feet above the ground.
(5) Trash enclosures. All trash receptacles and other refuse or waste storage shall be kept in an enclosed building or within a trash enclosure area. Any such trash enclosure area shall consist, at a minimum, of a three-sided, six-foot-high decorative block or similar wall structure, with the fourth side comprised of a closable, latchable solid gate.
(6) Access. Each adult entertainment business shall have a business entrance separate from any other non-adult business located in the same building. All building openings, entries, and windows for an adult business shall be located, covered or screened in such a manner as to prevent a view into the interior of an adult entertainment business from any area open to the general public.
(7) Posting age restrictions. The building entrance to the adult entertainment business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises.
(8) Manager stations. All indoor areas of the adult entertainment business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.
(9) Individual viewing areas. No individual viewing area may be occupied by more than one person at any one time.
Individual viewing area shall mean a viewing area designed for occupancy by one person. Individual viewing areas of the adult business shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two or more individual viewing areas.
(10) No closed areas. No adult use or adult entertainment business shall maintain closed areas, booths, cubicles rooms or other areas within its place of business that are used, designed or furnished for private sexual activity.
(11) Nudity by customers prohibited. No nudity or sexual activities by customers shall be allowed on the premises.
(12) Inspection. All portions of the premises shall be available by access and visual inspection at all times by any city inspector standing at the front door.
(Ord. 612 Exhibit A (part), 2008).
21.45.010 Purpose.
The city hereby finds that the operation of businesses whose primary function is to provide cash to patrons in exchange for personal and business checks and money orders and to perform similar financial transactions for a service fee, require restrictions on the operations of such businesses to guard against potential threats to public safety. The purpose of this chapter is to establish regulations that provide such safeguards, and to create and maintain business districts that offer patrons suitable and safe environments for conducting financial transactions that they may choose not to pursue at standard financial institutions such as banks, credit unions, savings and loan institutions, or brokerage houses.
(Ord. 612 Exhibit A (part), 2008).
21.45.020 Distancing requirements.
The following regulations shall apply to the siting of check cashing establishments:
(1) A minimum distance of one thousand feet, as measured from property line to property line, shall be maintained between any two check cashing establishments.
(2) No check cashing establishment shall be located within five hundred feet, as measured from property line to property line, of any school, church, state- or federal-chartered bank, loan institution, savings association, credit union, or brokerage house.
(Ord. 612 Exhibit A (part), 2008).
21.45.030 Restrictions on operations.
The following restrictions and requirements shall apply to the operation of check cashing establishments:
(1) Prior to the issuance of occupancy permits, a lighting plan shall be approved by the community development director.
(2) All store fronts shall contain transparent glass windows that allow from views into the establishment from the nearest public right-of-way.
(3) The hours of operation shall be limited to 7:00 a.m. to 7:00 p.m.
(4) At least one "no loitering" sign shall be maintained on the premises in plain view of patrons.
(5) Graffiti shall be removed within seventy-two hours of application.
(6) The site must be kept free of litter.
(7) No exterior pay telephones shall be permitted.
(8) A least one certified security guard, with licensing approved by the city, shall be on duty during all hours that the business is open for operations.
(Ord. 612 Exhibit A (part), 2008).
21.46.010 Purpose.
(a) The purpose of the regulatory provisions set forth in this chapter is to establish development standards for the installation and maintenance of antennas and wireless antenna facilities within specified areas of the city. These standards are intended to ensure that the design and location of those antennas and facilities are consistent with previously adopted policies of the city, to promote the public health, safety, comfort, convenience, and general welfare of the city's residents, and to enhance the aesthetic quality and appearance of the city by maintaining architectural and structural integrity and by protecting views and vistas from obtrusive and unsightly accessory uses and facilities.
(b) In adopting and implementing the regulatory provisions of this chapter, it is the intent of the city council to further the objectives specified above in subsection (a) without unnecessarily burdening the federal interests in ensuring access to satellite services, in promoting fair and effective competition among competing communications service providers, and in eliminating local restrictions and regulations that, with regard to antennas, preclude reception of an acceptable signal quality or unreasonably delay, prevent, or increase the cost of installation, maintenance, or use of those antennas.
(c) With regard to the regulatory requirements set forth herein, the city council expressly finds and determines that they are necessary, desirable, and in the best interests of the community to protect public safety. The city council further finds and determines that these regulatory requirements are applicable to the proposed installation of satellite earth station antennas or fixed wireless antenna facilities that are not permitted accessory uses and that, because of legitimate safety-related concerns, do not meet the criteria for exemption from local regulation established by the Federal Communications Commission (FCC) under the Telecommunications Act of 1996.
(d) The regulatory provisions set forth in this chapter are not applicable to any of the following:
(1) City-owned antennas or antenna facilities, including those used for emergency communications and public safety purposes, that are located or proposed to be located on either publicly owned or privately owned property.
(2) Privately owned antenna or antenna facilities that are located or proposed to be located on city-owned property or within the public rights-of-way; provided, however, that owners of such devices must obtain a right-of-way use permit pursuant to the Municipal Code.
(Ord. 612 Exhibit A (part), 2008).
21.48.010 Definitions.
For purposes of this chapter, the following words and phrases shall have the meanings set forth in the MAUCRSA and as set forth below:
“Cannabis” means all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” includes cannabis that is used for medical, non-medical, or other purposes. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. “Cannabis” also does not include industrial hemp, as defined in California Health and Safety Code Section 11018.5.
“Cannabis product” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
“Commercial cannabis activity” means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis product for medical, non-medical, or any other purpose and includes the activities of any business licensed by the state or other government entity under Division 10 of the California Business and Professions Code, or any provision of state law that regulates the licensing of cannabis businesses. Commercial cannabis activity does not include the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient for his or her personal medical use so long as the qualified patient does not provide, donate, sell, or distribute cannabis to any other person. Commercial cannabis activity also does not include the cultivation, possession, storage, manufacturing, transportation, donation, or provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with California Health and Safety Code Section 11362.765.
“Commercial cannabis use” means the use of any property for commercial cannabis activity.
“Compassionate Use Act” means the Compassionate Use Act of 1996 (Proposition 215), codified as California Health and Safety Code Section 11362.5.
“Concentrated cannabis” means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes from a cannabis plant is a concentrate.
“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
“Delivery” means the commercial transfer of cannabis or cannabis products to a customer. “Delivery” also includes the use by a retailer of any technology platform owned and controlled by the retailer.
“Distribution” means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under Division 10 of the California Business and Professions Code, as the same may be amended from time to time.
“Fully enclosed and secure structure” means a space within a building, greenhouse, or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.
“Indoor” means within a fully enclosed and secure structure.
“Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
“MAUCRSA” means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in Division 10 of the Business and Professions Code, and any successor provisions thereto, as the same may be amended from time to time.
“Medical Marijuana Program” means California Health and Safety Code Sections 11362.7 through 11362.83, as such statutes may be amended from time to time.
“Outdoors” means any location that is not within a fully enclosed and secure structure.
“Person” means any natural person, firm, corporation, association, club, society, partnership, joint venture, limited liability company, sole proprietorship, collective, cooperative, coop, non-profit, estate, trust, receiver, syndicate, or any other organization, group, or entity or combination of organizations or entities of any kind whatsoever, however formed, as well as trustees, heirs, executors, administrators, and/or assigns, and shall also include any owner, operator, manager, proprietor, employee, agent, officer, volunteer, salesperson, trustees, heirs, executors, administrators, and assigns. The term “person” shall also include all persons who have an ownership or leasehold interest in any real property, premises, and/or structures in which commercial cannabis activity is occurring.
“Primary caregiver” means the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person pursuant to the requirements of the Compassionate Use Act and the Medical Marijuana Program.
“Private residence” means a house, an apartment unit, condominium, or other similar dwelling that is lawfully used as a residence.
“Qualified patient” means a person who is entitled to the protections of California Health and Safety Code Section 11362.5, as the same may be amended from time to time, but who does not have an identification card.
“Primary caregiver” shall have the same meaning as is defined in California Health and Safety Code Section 11362.7(d), as the same may be amended from time to time.
“Private residence” means a house, an apartment unit, a mobile unit, or other similar dwelling that is lawfully used as a residence.
(Ord. 700 § 4, 2017).
21.48.020 Prohibited uses.
A. Commercial cannabis uses are expressly prohibited in all zones and overlay districts in the city. No person shall establish, operate, maintain, conduct, or allow commercial cannabis uses anywhere within the city. The city shall not approve any application for a building permit, conditional use permit, variance, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any commercial cannabis use.
B. Outdoor cannabis cultivation is expressly prohibited everywhere in the city. No person owning, renting, leasing, occupying, or having charge or possession of any parcel shall cause or allow such parcel to be used for cultivating cannabis outdoors.
C. Indoor cannabis cultivation, including cultivation by a qualified patient and primary caregiver, is prohibited except in strict compliance with Section 21.48.030.
(Ord. 700 § 4, 2017).
21.48.030 Indoor cannabis cultivation.
It is hereby declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any real property in the city to cause or allow such real property to be used for the cultivation of cannabis except in strict compliance with the requirements set forth below.
A. Cannabis cultivation shall only occur indoors at a private residence, or inside an enclosed accessory structure located upon the grounds of a private residence.
B. Only persons twenty-one years of age or older may cultivate cannabis. Any cannabis cultivation must comply with the requirements set forth in California Health and Safety Code Sections 11362.1 and 11362.2.
C. Cannabis cultivation is permitted only within fully enclosed and secure structures.
D. Cannabis cultivation is limited to six plants total.
(Ord. 700 § 4, 2017).
21.48.040 Exceptions.
A. Nothing in this chapter shall prohibit any person from transporting cannabis through the jurisdictional limits of the city for delivery or distribution to a person located outside the city, where such transport does not involve delivery or distribution within the jurisdictional limits of the city.
B. Nothing in this chapter shall prohibit a person 21 years of age or older from engaging in any activities authorized under California Health and Safety Code Section 11362.1.
C. Nothing in this chapter shall prohibit any commercial cannabis activity that the city is required by state law to permit within its jurisdiction pursuant to Business and Profession Code Section 26054(c) and (d), as the same may be amended from time to time, or any other provision of the MAUCRSA.
(Ord. 700 § 4, 2017).
21.48.050 Violation and penalty.
In addition to any other enforcement permitted by this Chapter 21.48
of this municipal code, the city attorney or city prosecutor may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this article, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party. Notwithstanding the penalties set forth in Chapter 1.08
of this municipal code, no provision of this chapter authorizes a criminal prosecution, arrest, or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.71, et seq., or Section 11362.1, et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Chapter 1.08
of this municipal code and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.
(Ord. 700 § 4, 2017).
21.49.010 Purpose.
The purpose of this chapter is to provide a means for granting density bonuses and incentives as required by state law. This chapter provides regulations for considering density bonus and incentive requests for the development of housing that is affordable to extremely low-, very low-, low-, and moderate-income households, foster youth, disabled veterans, homeless persons, lower-income students, senior citizens, and childcare. (Ord. 736, § 5 (part), 2025).
21.49.020 Definitions.
As used in this chapter, the following words shall have the following meanings:
(a) "Affordable housing" means housing for which the allowable housing expenses paid by a qualifying household shall not exceed a specified fraction of the county median income, adjusted for household size. This includes housing designated for extremely low-, very low-, low-, and moderate-income households.
(b) "Base density" means the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, means the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project.
(c) "Childcare facility" means a child day care facility, other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school-age childcare center. "Childcare facility" does not include public or private primary or secondary education facilities.
(d) "Condominium conversion" means the conversion of apartments, or other rental units, into ownership property that consists of an undivided interest in common in a portion of real property coupled with a separate interest within the boundaries of the dwelling unit.
(e) "Density bonus" means a density increase over the maximum allowable residential density under applicable zoning and Land Use Element of the General Plan as of the date of application.
(f) "Development standard" means a site or construction condition, including, but not limited to, a height limitation, setback requirement, floor area ratio, an on-site open-space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a housing development pursuant to any ordinance, General Plan policy, specific plan, or other local condition, law, policy, resolution, or regulation that is adopted by City of La Mirada or that is enacted by the citizens of the City of La Mirada through a local initiative or referendum power, whether that power is derived from the California Constitution, statute, or the charter or ordinance. Development standard shall not mean an impact fee, inclusionary housing requirement, or dedication of land.
(g) "Disabled veteran" means any veteran who is currently declared by the United States Veterans Administration to be 10% or more disabled as a result of service in the armed forces. Proof of such disability shall be deemed conclusive if it is of record in the United States Veterans Administration.
(h) "Equivalent financial value" means an incentive that would result in a reduction in cost to the developer/property owner based upon the land cost per dwelling unit and shall be calculated based upon the difference in the value of the land with and without the density bonus.
(i) "Equivalent size" means that the replacement units specified in Section 21.49.120 contain at least the same total number of bedrooms as the units being replaced.
(j) "Foster youth" means a person in California whose dependency was established or continued by a court of competent jurisdiction, including a tribal court, on or after the youth's thirteenth birthday and who is no older than 25 years of age at the commencement of the academic year.
(k) "Homeless person" shall have the same meaning as that phrase is defined in Section 11302 of the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Ch. 119).
(l) "Lower-income student" means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in Education Code Section 69432.7(k)(1). The eligibility of a student to occupy a unit for lower-income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the Federal government.
(m) "Maximum allowable residential density" see "Base density."
(n) "Natural or constructed impediments" means a hindrance or obstruction that prevents pedestrian or bicycle access to a major transit stop. Natural or constructed impediments include, but are not limited to, freeways, rivers, mountains, harbors, and bodies of water, but do not include residential structures, shopping centers, parking lots, or rails used for transit.
(o) "Partner housing developer" means an affordable housing developer who enters into a partnership with the commercial developer to provide affordable dwelling units. A partnership can include a contract or written agreement, formation of a partnership, limited liability company, corporation, or other entity recognized by the state in which the commercial developer and affordable housing developer are each partners, members, shareholders or other participants.
(p) "Qualified nonprofit housing corporation" means a nonprofit corporation whose primary activity is the development and preservation of affordable home ownership housing in California and meets all of the following:
(1) The nonprofit corporation has a determination letter from the Internal Revenue Service affirming its tax-exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code and is not a private foundation as that term is defined in Section 509 of the Internal Revenue Code.
(2) The nonprofit corporation is based in California.
(3) All of the board members of the nonprofit corporation have their primary residence in California.
(q) "Shared housing building" means a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. A shared housing building may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25% of the floor area of the shared housing building. A shared housing building may include 100% shared housing units.
(r) "Shared housing unit" means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the "minimum room area" specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations) and complies with the definition of "guestroom" in Section R202 of the California Residential Code.
(s) "Specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon the public health or safety: (1) inconsistency with the zoning or General Plan land use designation; or (2) the eligibility to claim a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code.
(t) "Unobstructed access" means that the income qualified resident of the housing development is able to walk or bike to or from the residence without trespassing or otherwise encountering natural or constructed impediments.
(u) "Very low vehicle travel area" means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85% of either regional vehicle miles traveled per capita, as determined by SCAG, or city vehicle miles traveled per capita. For purposes of this definition, "area" may include a travel analysis zone, hexagon, or grid.
(Ord. 736, § 5 (part), 2025).
21.49.030 Eligibility for density bonus and incentives.
(a) To be eligible for a density bonus, incentive(s) or concession(s), or waiver or reduction of development standard(s) as provided by this chapter, a housing development or condominium conversion shall include only one of the following requirements and satisfy all other applicable provisions of this Zoning Code:
(1) A minimum of 5% of the total number of units of a housing development, including a shared housing building development, shall be restricted and affordable to very low-income households.
(2) A minimum of 10% of the total number of units of a housing development, including a shared housing building development, shall be restricted and affordable to low-income households.
(3) A minimum of 10% of the total units in a for-sale housing development shall be restricted and affordable to moderate-income households, provided that all units in the housing development are offered to the public for purchase.
(4) One hundred (100) percent of all units in a housing development, exclusive of a manager's unit or units, shall be restricted and affordable to lower-income households, except that no more than 20% of the units in the housing development, including total units and density bonus units, may be affordable to moderate-income households.
(5) A minimum of 10% of the total units of a housing development for transitional foster youth, disabled veterans, or homeless persons shall be provided at the same affordability level as very low-income units.
(6) A minimum of 20% of the total units of a housing development shall be affordable to lower-income college students.
(7) A condominium conversion project where either 33% of the units converted are affordable to low- or moderate-income households, or 15% of the units converted are affordable to very low- or extremely low-income households.
(8) A senior citizen housing development, including a senior-citizen shared housing building development, as defined in Civil Code Sections 51.3 and 51.12, that has at least 35 dwelling units or a mobile home park that limits residency based on age requirements for housing older persons in compliance with Civil Code Section 798.76 or 799.5.
(9) The applicant for a housing development donates at least one acre of land to the city for very low-income units, provided the land has the appropriate General Plan designation, zoning, permits and approvals, and access to public facilities needed for such housing.
(10) A commercial development which has entered into an agreement with a partner housing developer to provide at least 30% of the total units of a partner housing development for low-income households or at least 15% of the total units of a partner housing development for very low-income households.
(b) Housing development not eligible for a density bonus, concession, incentive, or waiver. A housing development shall not be eligible for a density bonus, or any incentive, concession, or waiver of a development standard under this chapter on a parcel containing existing affordable housing unless:
(1) The housing development replaces the existing affordable units in accordance with all of the requirements set forth in Section 21.49.120; and
(2) The housing development, inclusive of the units replaced pursuant to this section, contains affordable units at one of the percentage levels set forth in subsection (A) of this section.
(Ord. 736, § 5 (part), 2025).
21.49.040 General requirements.
(a) Fractional units. The calculation of a density bonus in compliance with this section that results in fractional units, including base density and bonus density, shall be rounded up to the next whole number.
(b) Mixed income development. If a housing development qualifies for a density bonus under more than one income category, as senior housing, or as housing intended to serve transitional foster youth, disabled veterans, or homeless persons, the applicant shall select only one of the above categories in the application. Density bonuses from more than one category may not be combined.
(c) General Plan and zoning consistency. The granting of a density bonus, in and of itself, shall not be interpreted as requiring a General Plan amendment, Zoning Map amendment, or other discretionary approval.
(d) Financial incentives. The provisions of this chapter shall not be interpreted to require or limit the city from providing direct financial incentives, including the provision of publicly owned land or the waiver of fees or dedication requirements.
(e) Increased density limit. A housing development shall not exceed the cumulative total of base units allowed by the underlying zone and the density bonus units allowed by Sections 21.49.050 and 21.49.052. Incentives, concessions, or development standard waivers shall not be used to increase density.
(f) Reduced density. An applicant for a density bonus may elect to provide a lesser percentage of density increase than what is authorized by Section 21.49.050 including, but not limited to, no increase in density, but shall remain eligible for concessions or incentives, waivers of development standards, and eligible parking requirements provided the project meets the eligibility requirements of this section.
(g) When calculating a density bonus granted that includes shared housing building, "unit" means one shared housing unit and its pro rata share of associated common area facilities. (Ord. 736, § 5 (part), 2025).
21.49.050 Determining allowed base density.
Density shall be determined using dwelling units per acre and shall be the maximum number of units allowed by the zoning code, specific plan, or general plan that is applicable to the project site. However, if the applicable zoning ordinance, specific plan, or land use element of the general plan does not provide a dwelling-units-per-acre standard for density, then the local agency shall calculate the number of units using both of the following:
(a) Estimating the realistic development capacity of the site based on the objective development standards applicable to the project, including, but not limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and step-backs, open space requirements, minimum percentage or square footage of any nonresidential component, and parking requirements. Parking requirements shall include considerations regarding number of spaces, location, design, type, and circulation.
(b) Maintaining the same average unit size and other project details relevant to the base density study, excepting those that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study.
(Ord. 736, § 5 (part), 2025).
21.49.060 Allowed density bonuses.
A housing development that meets one of the eligibility levels in Section 21.49.030 is entitled to a density bonus as provided herein.
(a) Density bonus for very low-, low-, and moderate-income households. A housing development that is eligible for a density bonus pursuant to Section 21.49.030(a)(1) through (a)(4) is entitled to a density bonus calculated as follows:
Density Bonus Percentage | |||
Percentage of Base Units Proposed | Very Low Income | Low Income | Moderate Income |
Density Bonus Percentage | |||
Percentage of Base Units Proposed | Very Low Income | Low Income | Moderate Income |
5% | 20% | - | - |
6% | 22.5% | - | - |
7% | 25% | - | - |
8% | 27.5% | - | - |
9% | 30% | - | - |
10% | 32.5% | 20% | 5% |
11% | 35% | 21.5% | 6% |
12% | 38.75% | 23% | 7% |
13% | 42.5% | 24.5% | 8% |
14% | 46.25% | 26% | 9% |
15% | 50% | 27.5% | 10% |
16% | 50% | 29% | 11% |
17% | 50% | 30.5% | 12% |
18% | 50% | 32% | 13% |
19% | 50% | 33.5% | 14% |
20% | 50% | 35% | 15% |
21% | 50% | 38.75% | 16% |
22% | 50% | 42.5% | 17% |
23% | 50% | 46.25% | 18% |
24% | 50% | 50% | 19% |
25% | 50% | 50% | 20% |
26% | 50% | 50% | 21% |
27% | 50% | 50% | 22% |
28% | 50% | 50% | 23% |
29% | 50% | 50% | 24% |
30% | 50% | 50% | 25% |
31% | 50% | 50% | 26% |
32% | 50% | 50% | 27% |
33% | 50% | 50% | 28% |
34% | 50% | 50% | 29% |
35% | 50% | 50% | 30% |
36% | 50% | 50% | 31% |
37% | 50% | 50% | 32% |
38% | 50% | 50% | 33% |
39% | 50% | 50% | 34% |
40% | 50% | 50% | 35% |
41% | 50% | 50% | 38.75% |
42% | 50% | 50% | 42.5% |
43% | 50% | 50% | 46.25% |
44% | 50% | 50% | 50% |
100% | 80% | 80% | 80% |
(b) Notwithstanding the foregoing, a cap on density will not apply if both of the following conditions are met:
(1) One hundred (100) percent of the units in a housing development exclusive of a manager's unit or units, are restricted and affordable to very low- and low-income households, except that no more than 20% of the total units (including density bonus units) in the housing development are restricted and affordable to moderate-income households.
(2) The housing development is located within one-half mile of a major transit stop with unobstructed access or is located in a very low vehicle travel area.
(c) Density bonus for transitional foster youth, disabled veterans, or homeless persons. A housing development that is eligible for a density bonus at the level set forth in Section 21.49.030(a)(5) shall be entitled to a density bonus of 20%.
(d) Density bonus for lower-income college students. A student housing development that is eligible for a density bonus at the level set forth in Section 21.49.030(a)(6) shall be entitled to a density bonus of 35%.
(1) All units in the student housing development shall be used exclusively for undergraduate, graduate, or professional students enrolled full-time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges.
(2) The applicant or property owner shall provide evidence to the city that the housing development shall be subject to an operating agreement or lease with one or more institution of higher education that all units shall be exclusively occupied by the students of the institution(s).
(3) The rent for affordable units shall be calculated at 30% of 65% of the area median income for a single-room occupancy unit.
(4) Priority for the affordable units shall be given to lower-income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person's homeless status may verify a person's status as homeless for purposes of this subsection.
(5) For purposes of calculating a density bonus granted pursuant to this section, the term "unit" shall mean one rental bed and its pro rata share of associated common area facilities.
(e) Density bonus for condominium conversion. A condominium conversion that is eligible for a density bonus pursuant to Section 21.49.030(a)(7) shall be entitled to a density bonus of 25% provided the condominium conversion meets all of the requirements in Section 21.49.130.
(f) Density bonus for senior housing. A senior housing development that is eligible for a density bonus pursuant to Section 21.49.030(a)(8) shall be entitled to a density bonus of 20%.
(g) Density bonus for donating land for very low-income units. A housing development that includes the donation of land for the development of very low-income housing pursuant to Section 21.49.030(a)(9) shall be entitled to a density bonus calculated as follows:
Percentage of Base Units Proposed | Density Bonus Percentage |
Percentage of Base Units Proposed | Density Bonus Percentage |
10% | 15% |
11% | 16% |
12% | 17% |
13% | 18% |
14% | 19% |
15% | 20% |
16% | 21% |
17% | 22% |
18% | 23% |
19% | 24% |
20% | 25% |
21% | 26% |
22% | 27% |
23% | 28% |
24% | 29% |
25% | 30% |
26% | 31% |
27% | 32% |
28% | 33% |
29% | 34% |
30% | 35% |
(1) Any increase authorized by this subsection may be approved in addition to any increase in density allowed by Section 21.49.030 up to a maximum combined density increase of 35%.
(2) The donated land shall be the greater of:
(A) One acre;
(B) Sufficient square-footage or acreage to permit development of the percentage of base units proposed; or
(C) Sufficient square-footage or acreage to permit development of 40 units under the existing general plan and zoning designation.
(3) The existing General Plan and zoning designation of the donated land shall be zoned to accommodate at least 30 dwelling units per acre, and is, or will be, served by adequate public facilities and infrastructure through the construction of the housing development.
(4) The land shall be donated and transferred to the city or a housing developer that is approved by the city. The applicant shall donate and transfer the land no later than the date of approval of the final subdivision map, or issuance of building permits for the housing development where no subdivision is required.
(5) The city shall not approve the final subdivision map or issue building permits for the housing development unless and until all permits, other than building permits, for the development of very low-income housing have been issued for the donated and transferred land.
(6) The donated and transferred land shall be within the boundary of the housing development, or upon approval of the review authority, within one-quarter mile of the housing development.
(7) The source of funding for the development of very low-income housing on the donated and transferred land shall be identified not later than the date of approval of the final subdivision map or issuance of building permits for the housing development.
(8) The donated and transferred land and the affordable units shall be subject to a deed restriction recorded on the property at the time of transfer ensuring continued affordability of the units consistent with Section 21.49.130.
(Ord. 736, § 5 (part), 2025).
21.49.070 Additional density bonus.
(a) Applicability. A housing development that meets one of the following eligibility requirements is entitled to an additional density bonus as provided herein:
(1) A minimum of 15% of the total number of units of a housing development, including a shared housing building development, which are restricted and affordable to very low-income households.
(2) A minimum of 24% of the total number of units of a housing development, including a shared housing building development, which are restricted and affordable to low-income households.
(3) A minimum of 44% of the total units of a housing development, which are restricted and affordable to moderate-income households.
(b) Additional density bonus. A housing development that meets one of the eligibility requirements listed in Section 21.49.070(a) is entitled to a density bonus calculated as listed in Table 21.49.070.
Density Bonus Percentage | ||
Percentage of Base Units Proposed | Very Low Income | Moderate-Income |
Density Bonus Percentage | ||
Percentage of Base Units Proposed | Very Low Income | Moderate-Income |
5% | 20% | 20% |
6% | 23.75% | 22.5% |
7% | 27.5% | 25% |
8% | 31.25% | 27.5% |
9% | 35% | 30% |
10% | 38.75% | 32.5% |
11% | - | 35% |
12% | - | 38.75% |
13% | - | 42.5% |
14% | - | 46.25% |
15% | - | 50% |
(b) Additional requirement.
(1) The density bonus provided in this section shall be in addition to any density bonus provided in Section 21.49.060.
(2) The additional density bonus required under this section shall be calculated using the base density, excluding any other density bonus awarded by this chapter.
(3) The housing development which utilizes the additional density bonus provided by this section shall not restrict more than 50% of the total units to moderate-income, low-income, or very low-income households.
(Ord. 736, § 5 (part), 2025).
21.49.080 Density bonus for commercial development.
(a) Density bonus for commercial developments. A commercial development that is eligible for a density bonus pursuant to Section 21.49.030(a)(10) may obtain one or more of the following incentives upon mutual agreement between the developer and the city:
(1) Up to a 20% increase in the maximum allowable intensity in the General Plan.
(2) Up to a 20% increase in maximum allowable floor area ratio.
(3) Up to a 20% increase in maximum height requirements.
(4) Up to a 20% reduction in minimum parking requirements.
(5) Use of a limited-use/limited-application elevator for upper floor accessibility.
(6) An exception to a development standard or other land use regulation.
(b) Any incentives allowed pursuant to this subsection shall not include a waiver of an inclusionary housing requirement.
(c) Additional requirements. The following provisions shall apply to all commercial density bonus projects:
(1) The partner agreement between the commercial developer and the housing developer shall identify how the commercial developer will contribute affordable housing. The commercial developer's contribution to the affordable housing shall be in one of the following methods:
(A) The commercial developer may directly build the units.
(B) The commercial developer may donate a portion of the site or property elsewhere to the affordable housing developer for use as a site for affordable housing.
(C) The commercial developer may make a cash payment to the affordable housing developer that shall be used towards the costs of constructing the affordable housing project.
(2) The partner agreement shall specify the timeline for development of the affordable housing project. Should the affordable housing developer fail to commence construction within the specified timelines, the city may withhold issuance of certificates of occupancy from the commercial development.
(3) The affordable housing site shall either be constructed on the commercial site or on an alternative site that meets all the following requirements:
(A) The affordable housing site is within the City of La Mirada.
(B) In close proximity to public amenities including schools and employment centers.
(C) The affordable housing site is located within one-half (1/2) mile of a major transit stop.
(d) Housing development eligibility for density bonus. Notwithstanding any density bonus, or concession approved by this section, the housing development shall be eligible for all benefits afforded pursuant to this chapter.
(Ord. 736, § 5 (part), 2025).
21.49.090 Parking requirements in density bonus projects.
(a) Applicability. For a housing development that meets one of the eligibility levels in Section 21.49.030, the applicant may request application of the parking requirements set forth below. An applicant may request additional parking incentives beyond those provided in this section in compliance with Sections 21.49.060 and 21.49.070.
(b) Number of parking spaces required.
(1) Parking ratios. At the request of the applicant, the following minimum parking ratios may apply to the housing development:
Dwelling Unit Size | Onsite Parking per Unit |
Studio to 1 bedroom | 1 space |
2 to 3 bedrooms | 1.5 spaces |
4 or more bedrooms | 2.5 spaces |
(2) Within one-half mile of major transit stop. Notwithstanding subsection (b)(1) of this section, if a housing development provides at least 20% low-income units or 11% very low-income units and is located within one-half mile of a major transit stop with unobstructed access, then, upon the request of the developer, the city may not impose a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds 0.5 spaces per bedroom.
(3) Zero parking. Notwithstanding subsection (b)(1) of this section, if a housing development consists solely of rental units affordable to lower-income families, then upon the request of the developer, the city may not impose a vehicular parking ratio, inclusive of handicapped and guest parking, if either of the following criteria are met:
(A) The housing development is located within one-half mile of a major transit stop with unobstructed access from the housing development;
(B) The housing development is a for-rent housing development for individuals who are 62 years of age or older that meet the definition in Sections 51.2 and 51.3 of the Civil Code and the housing development has either paratransit service or unobstructed access within one-half mile of a fixed bus route that operates at least eight times per day; or
(C) The housing development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or supportive housing development as defined in Section 50675.14 of the Health and Safety Code, and the housing development has either paratransit service or unobstructed access within one-half mile of a fixed bus route that operates at least eight times per day.
(4) Notwithstanding subsections (b)(2) and (b)(3) of this section, the city may impose the parking ratio set forth in subsection (b)(1) of this section, if the city or an independent consultant has conducted an areawide or jurisdiction-wide parking study within the past seven years that demonstrates a higher parking ratio is necessary based upon an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low-income and very low-income individuals, including seniors and special needs individuals.
(5) Location of parking. For purposes of this section, a housing development may provide on-site parking through uncovered or tandem on-site parking.
(6) Rounding of partial parking spaces. If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number.
(Ord. 736, § 5 (part), 2025).
21.49.100 Allowed incentives or concessions.
(a) Applicant request and city approval. The applicant shall include any request for incentive(s) or concession(s) listed in subsection (c) of this section concurrently with the application for project approval. The applicant shall provide documentation establishing that an incentive or concession is necessary to make the housing units economically feasible. When an applicant makes a request for an incentive or concession, the review authority shall grant the request unless one or more of the following findings is made:
(1) The incentive or concession is not required in order to provide affordable housing costs or for rents for the targeted units to be set as specified in Section 21.49.130(b);
(2) The incentive or concession would have a specific adverse impact upon public health and safety, or on any real property listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households; or
(3) The incentive would be contrary to State or Federal law.
(b) Number of incentives or concessions. Except as provided in subsection (a) of this section, the review authority shall grant the following number of incentives or concessions:
(1) One incentive or concession for a housing development that includes at least 10% of the total units for low-income households, at least 5% of the total units for very low-income households, at least 20% of the total units for low-income students in a student housing development, or at least 10% of the total units for moderate-income households in a for-sale housing development.
(2) Two incentives or concessions for a housing development that includes at least 17% of the total units for low-income households, at least 10% of the total units for very low-income households, or at least 20% of the total units for moderate-income households in a for-sale housing development.
(3) Three incentives or concessions for a housing development that includes at least 24% of the total units for low-income households, at least 15% of the total units for very low-income households, or at least 30% of the total units for moderate-income households in a for-sale housing development.
(4) Four incentives or concessions for housing development that include at least 16% of the units for very low-income households or at least 45% for persons and families of moderate income in a housing development in which the units are for sale.
(5) Five incentives or concessions for projects that meet the criteria of Section 21.49.030(a)(4). If the housing development is located within one-half mile of a major transit stop with unobstructed access or is located in a very low vehicle travel area, the housing development is eligible for a height increase of up to three additional stories, or 33 feet.
(c) Type of incentive or concession. For the purposes of this chapter, "incentive" or "concession" means any of the following:
(1) A reduction in the development standard(s) as that term is defined in Section 21.49.020, that results in identifiable, financially sufficient, and actual cost reductions;
(2) A mixed-use project in conjunction with the housing development, if the nonresidential portion of the mixed-use project will reduce the cost of the housing development, is compatible with the residential portion of the housing development, and is compatible with adjacent existing or planned development;
(3) A reduction or waiver of any city imposed fee or dedication of land, which shall be at the sole discretion of the City Council; and/or
(4) Other regulatory incentives that will result in identifiable, financially sufficient, and actual cost reductions.
(Ord. 736, § 5 (part), 2025).
21.49.110 Waivers or reductions of development standards.
In addition to requesting an incentive or concession, an applicant for a density bonus may also submit a proposal to the city to waive or reduce an unlimited number of development standards that would otherwise preclude or inhibit construction of the housing development at the densities or with the incentives permitted by this chapter.
(a) When an applicant makes a request for a waiver, the review authority shall grant the request unless any of the following findings are made:
(1) The waiver or reduction of development standards would have a specific adverse impact upon public health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(2) The waiver or reduction of development standards would have an adverse impact on any real property listed in the California Register of Historical Resources.
(3) The waiver or reduction of development standards would be contrary to State or Federal law.
(b) Notwithstanding subsection (a) of this section, a housing development that is eligible for no cap on density pursuant to Section 21.49.060(a) shall only be eligible for a waiver or reduction of development standards as provided in Section 21.49.030(a)(4).
(Ord. 736, § 5 (part), 2025).
21.49.120 Incentives for housing with childcare facilities.
(a) Incentives. A housing development that complies with the income requirements of Section 21.49.030(a) and includes a childcare facility, other than a large or small family day care home, that will be located on the same site as the development, shall be eligible for either of the following additional incentives:
(1) An amount of residential floor area equal to or greater than the floor area of the childcare facility; or
(2) An incentive that contributes to the economic feasibility of the childcare facility as provided in Section 21.49.100(c).
(3) Notwithstanding the foregoing, the city shall not be required to provide a density bonus for a childcare facility if it finds that the community has adequate childcare facilities.
(b) Requirements to qualify for incentives. The city shall require, as a condition of approval of the housing development, that:
(1) The childcare facility shall remain in operation for a period of time that is as long as, or longer than, the period of time during which the density bonus units are required to remain affordable in compliance with Section 21.49.130; and
(2) Of the children who attend the childcare facility, the children of very low-income, low-income, or moderate-income households shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low-income, lower-income, or moderate-income households in compliance with Section 21.49.130(a). (Ord. 736, § 5 (part), 2025).
21.49.130 Condominium conversions.
(a) Density bonus. When an applicant proposes to convert apartments to condominiums, which meet the eligibility level in Section 21.49.030(a)(7), the city shall grant either a density bonus of up to 25% pursuant to Section 21.49.050(e) to create additional units on the project site or other incentive of equivalent financial value provided:
(1) The applicant agrees to pay for the reasonably necessary administrative costs, including, but not limited to, staff costs, consultant fees, photocopy costs, and mailing fees, incurred by the city; and
(2) The city places such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent very low-, low- and moderate-income households.
(b) Replacement units. All units within the condominium conversion shall meet the replacement requirements in Section 21.49.150.
(c) Ineligible requests. Apartments which are proposed for conversion to condominiums shall be ineligible for a density bonus or other incentive under this section if the apartments were previously granted a density bonus, concession, incentive, or waiver or reduction of development standards. (Ord. 736, § 5 (part), 2025).
21.49.140 Design and distribution of affordable units.
Affordable units shall be designed and distributed within the housing development as follows:
(a) Number of bedrooms. Affordable units shall reflect the range of numbers of bedrooms provided in the residential development project as a whole;
(b) Comparable quality and facilities. Affordable units shall be constructed to the same quality and exterior design as the market-rate housing units. Additionally, the affordable units shall include the same laundry, recreation, and other facilities that are made available to the market-rate housing units;
(c) Access. In mixed-income multi-unit structures, the occupants of the affordable units shall have the same access to common entrances and any common areas including parking areas in that structure as the occupants of the market-rate housing units;
(d) Size. Affordable units may be smaller and have different interior finishes and features than the market-rate units; and
(e) Location. Affordable units shall be distributed within the residential development, unless clustering is allowed by the review authority. Notwithstanding, in a mixed-income multi-unit structure, affordable units shall not be isolated to a specific floor or an area of a specific floor.
(Ord. 736, § 5 (part), 2025).
21.49.150 Replacement units.
An application for a density bonus on any property with existing rental dwelling units or rental dwelling units that were vacated or demolished within the five years preceding the application; and are, or were, subject to a recorded covenant that restricts rents to very low- or low-income households; or are, or were, occupied by very low- or low-income household(s) shall be subject to all of the following requirements:
(a) Occupied units. For rental dwelling units that are occupied on the date of the application, the housing development shall provide at least the same number of affordable units of equivalent size at affordable rent or affordable housing cost to, and occupied by, persons or families in the same or lower-income category as the existing occupants.
(b) Vacant or demolished units. For rental dwelling units that have been vacated or demolished within the five years preceding the application, the housing development shall provide at least the same number of affordable units of equivalent size as existed at the highest occupancy point for those units in the five years preceding the application at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower-income category as the persons or families that occupied the units immediately preceding the vacancy or demolition.
(c) Unknown household income. If the income of the existing occupants or occupants within the past five years is unknown to the city or the applicant, it shall be rebuttably presumed that the rental dwellings units were occupied by low-income and very low-income renter households as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. (Ord. 736, § 5 (part), 2025).
21.49.160 Continued availability.
The units that qualified the housing development for a density bonus and other incentives shall continue to be available as affordable and/or senior units in compliance with the following requirements:
(a) Duration of availability. The applicant shall record a covenant on the property that the units that qualified the housing development for a density bonus and other incentives are restricted as affordable units for at least 55 years, or a longer time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.
(b) Affordable costs. The rents and owner-occupied costs charged for the housing units shall not exceed the following amounts during the period of continued availability required by this section:
(1) Rental units. Rents for density bonus units shall be set at an affordable rent as defined in Health and Safety Code Section 50053; and
(2) Owner-occupied units. Owner-occupied units shall be available at an affordable housing cost as defined in Health and Safety Code Section 50052.5. (Ord. 736, § 5 (part), 2025).
21.49.170 Occupancy and resale of ownership units.
A housing development that includes for-sale units that are restricted and affordable to moderate-income households shall limit the occupancy and resale of the units as set forth in this section.
(a) Initial occupancy. A for-sale unit, which qualified the applicant for the award of the density bonus, shall meet either of the following requirements:
(1) The unit is initially sold to and occupied by a very low-, low-, or moderate-income household, offered at an affordable housing cost as defined in Section 50052.5 of the Health and Safety Code, and subject to an equity sharing agreement.
(2) If the unit is not purchased by an income-qualified buyer within 180 days after the issuance of the certificate of occupancy, the unit may be purchased by a qualified nonprofit housing corporation pursuant to a contract that is recorded on the property, and all of the following are satisfied:
(A) The qualified nonprofit housing corporation is organized pursuant to Internal Revenue Code Section 501(c)(3); and has received a welfare exemption under Revenue and Taxation Code Section 214.15 for properties intended to be sold to low-income households who participate in a special no-interest loan program;
(B) A contract is included in the initial purchase that includes a repurchase option that requires a subsequent purchaser of the property that desires to sell or convey the property to offer the qualified nonprofit corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser; and
(C) Affordability restrictions on the sale and conveyance of the property that ensure that the property will be preserved for lower-income housing for at least 45 years for owner-occupied housing units and will be sold or resold only to very low-, low-, or moderate-income households.
(b) Resale. As part of the affordable housing agreement required pursuant to Section 21.49.180, the applicant shall enter into an equity sharing agreement with the city for the resale of affordable common interest units, unless it would be in conflict with the requirements of another public funding source or law. In lieu of an equity sharing agreement, the housing project could sell the units to a nonprofit housing corporation pursuant to subsection (a)(2) of this section. The following requirements apply to the equity sharing agreement:
(1) Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation; and
(2) The city shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote home ownership. For the purposes of this section:
(A) The city's initial subsidy shall be equal to the fair market value of the home at the time of initial sale, minus the initial sale price, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value;
(B) The city's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale; and
(C) The initial subsidy shall include any incentives granted by the city and shall be equal to the monetary equivalent of the incentives. (Ord. 736, § 5 (part), 2025).
21.49.180 Affordable housing agreement.
The applicant approved for a density bonus, concession, incentive, or waiver under this chapter shall agree to construct, operate and maintain the affordable units in accordance with an affordable housing agreement. The affordable housing agreement shall be executed in a recordable form prior to the issuance of a building permit for any portion of a housing development subject to the requirements of this chapter. The affordable housing agreement shall be binding upon all future owners and successors in interest.
(a) Review. The terms of the affordable housing agreement shall be reviewed and revised as appropriate by the Director and City Attorney.
(b) Fees. The city may establish fees associated with the setting up and monitoring of the affordable units.
(c) Contents. The affordable housing agreement shall include at least the following:
(1) Identification of affordable units. Affordable units shall be identified by address and legal description, type (floor area, number of bedrooms/baths, unit size, etc.), and designated household income category. The affordable housing agreement shall also identify the total number of affordable units and total number of units approved for the housing development.
(2) Term of affordability. Unless specified elsewhere in this chapter, a minimum term of 55 years of the specified affordability shall be required. Such reservation period shall begin on the date a certificate of occupancy is granted for the affordable units.
(3) Maximum allowable rent or sales price.
(A) Rental housing developments. In the case of rental housing developments, the affordable housing agreement shall provide for the following conditions governing the use of the affordable housing units during the use restriction period:
i. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the affordable units for qualified tenants.
ii. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter.
iii. Provisions requiring owners to submit an annual report to the city, which includes the name, address and income of each person occupying each affordable unit, and which identifies the bedroom size and monthly rent or cost of each affordable unit.
iv. A maximum rent schedule shall be submitted to the city prior to the issuance of an occupancy permit for the affordable units, and updated annually on the anniversary date of occupancy.
v. Total move-in costs for eligible tenants occupying affordable units shall be limited to first month's rent plus a security/cleaning deposit not to exceed one month's rent.
vi. When a tenant occupying an affordable unit no longer qualifies under the income requirements, verified through the monitoring program required as part of the affordable housing agreement, that tenant may then be charged market rate rent. If this occurs, any currently vacant unit of similar type to the affordable unit in question shall then be designated as an affordable unit, and the owner shall immediately attempt to secure tenants in accordance with this chapter. The owner is required to maintain at all times during the use restriction the minimum number of affordable units identified in the affordable housing agreement.
vii. No subletting or short-term occupancy of designated affordable units shall be allowed.
(B) Ownership projects. In the case of for-sale housing developments, as a condition of approval of the housing development, the city shall require an affordable housing agreement that includes the following conditions governing the initial sale and use of affordable units during the applicable use period:
i. Affordable units shall, upon initial sale, be sold to eligible very low- and low-income households at an affordable sales price and housing cost, or to qualifying residents in the case of a senior citizen housing development.
ii. Affordable units shall be initially owner-occupied by eligible very low- or low-income households, or by qualifying residents in the case of a senior citizen housing development.
iii. The initial purchaser of each affordable housing unit shall execute an instrument or agreement approved by the city restricting the sale of the affordable housing unit in accordance with this chapter during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the affordable housing unit and shall contain such provisions as the city may require to ensure continued compliance with this chapter and State Density Bonus Law.
iv. The affordable housing agreement shall stipulate that, when the terms of affordability expire on an affordable unit, the city and/or a nonprofit housing organization shall have a first right of purchase option 60 days prior to the affordable unit being advertised on the market.
v. Rental of affordable units shall not be allowed.
vi. When an equity sharing agreement is required by this chapter, the affordable housing agreement shall specify the equity sharing agreement comply with Section 21.49.170.
(4) Monitoring of compliance to agreement. A monitoring program shall be required, specifying the party responsible for certifying tenant incomes and sales price, maintaining the required number of affordable units for the property, marketing and filling unit vacancies.
(5) Remedies. Description of remedies for breach of the affordable housing agreement by either party (the city may identify tenants or qualified purchasers as third-party beneficiaries under the agreement).
(6) Description of density bonus. A description of the incentives and/or concessions, if any, being provided by the city.
(7) Schedule. A schedule for completion and occupancy of the affordable units.
(8) Other provisions. Other provisions to ensure implementation and compliance with this chapter.
(Ord. 736, § 5 (part), 2025).
21.50.010 Purpose.
This chapter implements the provisions of the California Beverage Container and Recycling and Litter Reduction Act set forth in Public Resources Code Section 14500, et seq. to allow the establishment of recycling facilities, and to set forth permit requirements and development standards to authorize such uses. Development and operational standards are intended to ensure minimal impact of such uses surrounding property.
(Ord. 612 Exhibit A (part), 2008).
21.50.020 Permit requirements.
Table 21.50.020 lists permit requirements by zoning district for recycling facilities that are not otherwise exempt from permit requirements in accordance with Section 21.50.030. Recycling facilities are not permitted in those zoning districts not represented in the table.
Table 21.50.020 Permit Requirements for Recycling Facilities | |||||
Recycling Facilities | Commercial Zoning Districts | Industrial Zoning District | |||
C-O | C-1 | C-4 | C-F | M-2 | |
Table 21.50.020 Permit Requirements for Recycling Facilities | |||||
Recycling Facilities | Commercial Zoning Districts | Industrial Zoning District | |||
C-O | C-1 | C-4 | C-F | M-2 | |
Large collection facility | X | X | X | X | CUP |
Processing facility | X | X | X | X | X |
Reverse-vending machine | ZC | ZC | ZC | ZC | ZC |
Scrap and dismantling facility | X | X | X | X | X |
Small collection facility | ZC | ZC | ZC | ZC | ZC |
Abbreviations:
ZC = Permitted use subject to zoning clearance (Chapter 21.96)
CUP = Conditional use permit required pursuant to Chapter 21.106
X = Not permitted
(Ord. 612 Exhibit A (part), 2008).
21.50.030 Exemptions.
The following uses are exempt from the requirements of this chapter, provided the use complies with all other provisions of this title.
(1) Small collection facilities and/or reverse vending machines placed on the premises of a community service facility for the collection and storage of recyclable material generated solely by the host use.
(2) Small collection facilities and/or reverse vending machines in city parks and open spaces areas subject to authorization by the community development director for location of such facilities.
(3) Small collection facilities and/or reverse-vending machines used by occupants of single-family homes, duplex units, and multi-family housing projects for the sole collection and storage of recyclable material generated by on-site residents. Storage containers shall be enclosed or placed out of view of any public right-of-way.
(4) Small collection facilities and/or reverse vending machines located on the premises of a commercial, office, or industrial property and used solely for the recycling of material generated by that business or use where the recyclable materials are deposited solely by employees of the business.
(Ord. 612 Exhibit A (part), 2008).
21.50.040 Development and operational standards.
(a) Reverse-Vending Machines. Unless otherwise exempt, the following development and operational standards apply to reverse-vending machines:
(1) Location. Reverse-vending machines shall only be located in conjunction with an existing commercial, office, industrial, or community service uses of a site. If exterior to a building, machines shall not occupy required parking or landscaping for the host use and shall not obstruct pedestrian or vehicular circulation.
(2) Maximum area and height. The machines shall not occupy more than fifty square feet per installation (including any protective enclosure) and shall not exceed eight feet in height.
(3) Operations. Reverse-vending machines shall be constructed of durable water-proof/rust-proof materials and shall be maintained in a clean, litter-free condition on a daily basis. Hours of operation shall coincide with the host use and may be emptied only between the hours of 8:00 a.m. and 5:00 p.m. The machines shall be illuminated to ensure comfortable and safe operation if operating hours occur between dusk and dawn.
(4) Signs. Reverse-vending machines shall be clearly marked with the type of recyclable material to be deposited, operating instructions, and contact person/number if inoperative. All signs shall not exceed a total of four square feet per machine and shall be attached to the machine, wall, or shelter. Freestanding signs for such machines shall be prohibited.
(5) Design. The design, color, and materials to be used for the machine shall be approved by the community development director.
(b) Small Collection Facilities. Unless otherwise exempt, the following development standards shall apply to small collection facilities.
(1) Location. Small collection facilities shall only be located in conjunction with an existing commercial, office, industrial, community service, or open space use of a site. The use shall not occupy more than five required parking spaces for the host use and shall not obstruct pedestrian or vehicular circulation on the site. Facilities shall not impair any required landscaping on the site. Small collection facilities shall be set back a minimum of ten feet from any street. Containers for the twenty-four-hour donation of materials shall be at least fifty feet from any residential property line, unless there is a recognized service corridor and acoustical shielding between the containers and the residential use.
(2) Maximum number and area. The maximum number of small collection facilities shall be one per site or development, in a single location, with a maximum area of five hundred square feet.
(3) Parking. If the facility includes an attendant, one parking space shall be provided for such person.
(4) Screening. Small collection facilities shall be screened with a structural shelter, fencing, and/or landscaping to minimize the visual impact from the public rights-of-way.
(5) Operations. Small collection facilities shall accept only glass, metals, plastic containers, papers, and reusable items. Used motor oil may be accepted with permission of the local public health officials, except for reverse-vending machines. Recyclable materials shall be stored in durable water-proof/rust-proof containers with a sufficient capacity to accommodate materials collected. Power-driven processing equipment shall be prohibited, except for reverse-vending machines. Operations shall not exceed noise levels of sixty dBA as measured at any residential property, otherwise shall not exceed seventy dBA. Hours of operation shall coincide with the host use, and the facilities may be emptied only between the hours of 8:00 a.m. and 5:00 p.m. Attended facilities located within one hundred feet of a residential property shall operate only during the hours between 9:00 a.m. and 7:00 p.m. daily.
(6) Maintenance. Facilities shall be secure from unauthorized entry or removal of materials, and shall be maintained in a clean, litter-free condition on a daily basis. All recyclable material shall be stored in containers or in the mobile unit vehicle, and shall not be left outside of containers when attendants are not present.
(7) Signs. Small collection facilities shall be clearly marked with the type of recyclable material to be deposited, operating instructions, and contact person/number if inoperative, along with a notice stating that no material shall be left outside the recycling enclosure or container. Facilities may include identification signs with a maximum of twenty percent per side or sixteen square feet, whichever is larger. Signs must be consistent with the character of the location. Directional signs may be installed with the approval of the community development director if necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way.
(8) Design. The design, color, materials, and quality of all collection facilities shall be approved by the community development director.
(c) Large Collection Facilities. The following development and operational standards apply to the development of all large collection facilities in the city.
(1) Location. Large collection facilities may be an independent or combined use on a site in compliance with permit requirements in this section and all other corresponding zoning district provisions in this title. Large collection facilities shall operate entirely within an enclosed building or area enclosed on all sides by a solid fence/wall not less than six feet in height. Setbacks and landscape requirements shall be pursuant to the provisions of the underlying zoning district.
(2) Operations. The exterior storage of material shall be limited to sturdy containers which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of non-flammable material. Oil storage shall be in containers approved by the fire marshal. No storage, excluding truck trailers and overseas containers, shall be visible above the height of the fencing. The site shall be secure from unauthorized entry or removal of materials, and shall be maintained free of litter and any other undesirable materials on a daily basis. Operations shall not exceed noise levels of sixty dBA as measured at any residential property, otherwise shall not exceed seventy dBA. If located within five hundred feet of residential property, the hours of operation shall be limited to the hours of 7:00 a.m. and 7:00 p.m. daily.
(3) Processing. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved by the community development director if noise and other conditions are met.
(4) Parking. A minimum of six vehicle parking spaces shall be provided for customer use. Additional spaces may be required to accommodate the anticipated peak customer load to circulate and deposit recyclable materials. One additional parking space will be provided for each commercial vehicle operated by the recycling facility.
(5) Signs. The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation. Identification and informational signs shall comply with the sign standards for the underlying zoning district. The community development director may approve directional signs to facilitate traffic circulation and visibility from the public right-of-way.
(d) Processing Facilities. The following development and operational standards shall apply to the development of all processing facilities in the city.
(1) Location. Processing facilities shall operate entirely within an enclosed building, except for incidental storage, which shall either be enclosed on all sides by a solid fence/wall not less than six feet in height or shall be located a minimum of one hundred fifty feet from any residential property. Setbacks and landscaping shall be provided in accordance with the underlying zoning district.
(2) Operations.
(A) All power-driven processing equipment shall comply with the La Mirada Noise Ordinance. Operations shall not exceed noise levels of sixty dBA as measured at any residential property, otherwise shall not exceed seventy dBA. If located within five hundred feet of residential property, the hours of operation shall be limited to the hours of 7:00 a.m. and 7:00 p.m. daily.
(B) Operations shall not distribute dust, fumes, smoke, vibration, or odor detectable above ambient levels on abutting property.
(C) All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of non-flammable material. Oil storage shall be in containers approved by the fire marshal.
(D) No storage, excluding truck trailers and overseas containers, shall be visible above the height of the fencing.
(E) The site shall be secure from unauthorized entry or removal of materials, and shall be maintained free of litter and any other undesirable materials on a daily basis.
(3) Parking. Parking shall be provided to accommodate the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, parking spaces shall be provided for a minimum of ten customers or the peak load, whichever is higher. One additional parking space shall be provided for each commercial vehicle operated by the processing center.
(4) Signs. Signs shall comply with the sign standards of the underlying zoning district. Facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation.
(Ord. 612 Exhibit A (part), 2008).
21.52.010 Purpose.
The city hereby finds that the provision of housing for persons who may have special housing needs due to circumstances involving adverse health, financial, or other conditions is essential to creating a community responsive to the needs of all its residents. The city also finds that such housing should be located, operated, and managed in a manner that serves the special needs of such residents with respect to safety, child care, access to mental and physical health services, hygiene, and job training. The city therefore establishes these regulations for the operation of transitional and similar housing facilities. (Ord. 736, § 5 (part), 2025; Ord. 612 Exhibit A (part), 2008).
21.52.020 Applicability.
Transitional and permanent supportive housing that complies with the provisions of this chapter shall be permitted where multifamily and mixed uses are. (Ord. 736, § 5 (part), 2025).
21.52.030 Eligibility for supportive housing.
(a) One hundred percent of units (excluding managers' units) are affordable to lower income households and are or will be receiving public funding to ensure affordability of the housing to lower income Californians.
(b) At least 25% of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100% of the units, excluding managers' units, shall be restricted to residents in supportive housing.
(c) This amount can be reduced at the request of the project owner if rental assistance or operating subsidy for the supportive housing units is terminated through no fault of the project owner; and: 1) the owner has demonstrated a good-faith effort to find other financial support; 2) the reduction in supportive housing units is the minimum necessary to maintain financial feasibility; and 3) any change in occupancy minimizes tenant disruption and is only made following unit vacancy.
(d) If the project has more than 20 units, 3% of nonresidential floor area is for onsite supportive services (including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens). If the project has up to 20 units, at least 90 square feet is for onsite services. (Ord. 736, § 5 (part), 2025)
21.52.040 Development standards.
The following standards regarding the design, location, and development shall apply to all transitional and supportive housing:
(a) All such facilities shall maintain a scale, character, and design consistent with buildings in the vicinity.
(b) A single controlled pedestrian entryway for routine ingress/egress for the site shall be located adjacent to and in full view of the manager's office.
(c) Laundry facilities shall be provided in a location accessible to all residents of the facility. Washers and dryers may be coin operated.
(d) Manager(s) of the transitional or supportive housing facility must reside on-site.
(e) Permanent supportive housing excluding managers’ units must include at least one bathroom and kitchen or other cooking facilities, including, at a minimum, a stovetop, sink, and refrigerator.
(f) No minimum parking shall be required for a permanent supportive housing if the housing development is located within one-half mile of a public transit stop.(Ord. 736, § 5 (part), 2025; Ord. 661 § 13, 2012; Ord. 612 Exhibit A (part), 2008).
21.52.050 Operational standards.
(a) A minimum of two pay telephones or other similar devices acceptable to the community development director shall be provided in the facility.
(b) A twenty-four-hour on-site manager shall be provided.
(c) A management plan shall be submitted for review and approval, and shall contain provisions acceptable to the community development director and city public safety personnel. At a minimum, the management plan shall address:
(1) Child care facilities, as applicable.
(2) Emergency procedures.
(3) Facility maintenance.
(4) Funding sources.
(5) Management policies.
(6) Rental procedures and policies.
(7) Residency requirements and regulations.
(8) Screening of residents to ensure compatibility with services provided at the facility.
(9) Security programs and features.
(10) Services, training, counseling, and treatment programs for residents of the facility, including services to assist residents obtain permanent shelter.
(11) Staffing needs.
(12) Staff training.
(13) Tenant responsibilities.
(14) Facility rules. (Ord. 736, § 5 (part), 2025; Ord. 612 Exhibit A (part), 2008).
21.52.060 Annual report required.
Each approved transitional housing or similar facility shall be subject to annual review by the city, including a review of management services. The permit grantee shall be responsible for filing an annual report to the city which includes the range of monthly rents, average length of tenancy, range of monthly income of residents, occupancy rates, number of families served, the number of vehicles owned by residents, and services provided at the facility. (Ord. 736, § 5 (part), 2025; Ord. 612 Exhibit A (part), 2008).
21.52.070 Changes to the management plan.
Any proposed revisions to the management plan shall be subject to the review and approval of the community development director. Substantive changes to the plan, as defined by the director, shall be referred to the planning commission for consideration and action. (Ord. 736, § 5 (part), 2025; Ord. 612 Exhibit A (part), 2008).
21.52.080 Application procedure.
An application for a transitional or permanent supportive housing permit shall be filed with the Director of Community Development. The Director shall approve an application that meets the development standards set forth in this chapter without discretionary review or a public hearing, no more than 60 days after the application has been deemed complete. (Ord. 736, § 5 (part), 2025)
21.53.010 Purpose.
This chapter sets forth regulations for housing development projects on land owned by independent institutions of higher education or religious institutions consistent with State law (California Government Code Sections 65913.16 and 65913.6). (Ord. 736, § 5 (part), 2025).
21.53.020 Applicability.
Notwithstanding the General Plan Land Use designation and zoning, any property that is improved with an independent institution of higher education or a religious institution, including ownership through an affiliated or associated nonprofit public benefit corporation organized pursuant to the Nonprofit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code), shall be permitted to construct dwelling units as outlined in this chapter. (Ord. 736, § 5 (part), 2025).
21.53.030 Development standards.
(a) Site requirements.
(1) Land ownership. The proposed development must be located on land owned on or before January 1, 2024, by an independent institution of higher education or by a religious institution.
(2) Location. The development must be located on a property that is not located on prime farmland, wetlands, a high fire hazard severity zone, a delineated earthquake fault zone, a flood plain, a floodway, a community conservation plan area, a habitat for protected species, or under a conservation easement.
(3) Hazardous waste site. The development is not located on a property that is classified as a hazardous waste site as defined under Government Code Section 65912.111(e) (see 65913.4(a)(6)(e)), unless the project sponsor has secured a letter from the State Department of Public Health, State Water Resources Control Board, or the Department of Toxic Substance Control stating that the site is suitable for residential uses.
(4) Demolition of residential units. A proposed housing development project must not require demolition of any of the following types of housing: units that have been occupied by tenants in the last ten years; units subject to any form of rent or price control, or units subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low incomes.
(5) Historic buildings. Projects may not demolish historic structures that are on a national, state, or local historic register.
(6) Proximity to industrial uses. A project must meet all of the following criteria:
(A) A project may not be adjacent to a site in which 1/3 of the uses or more are dedicated to light industrial use, meaning that the current use is light industrial, has been most recently permitted as light industrial, or has been identified as a light industrial site by the General Plan.
(B) A project site may not be located within 1,200 feet of an existing heavy industrial use, or a site that has been most recently permitted as a heavy industrial use.
(C) A project site may not be located within 1,600 feet of an existing Title V industrial use, or a site that was most recently permitted as a Title V industrial use.
(D) If multifamily uses are not a permitted use within the zoning district of the project site, then the housing development project may not be located within 3,200 feet of a facility that actively extracts or refines oil or natural gas.
(7) Proximity to freeway. If the project is within 500 feet of a freeway, regularly occupied areas of the building shall provide air filtration media for outside and return air that provide a minimum efficiency reporting value (MERV) of 13.
(b) Project requirements.
(1) Affordability. One hundred (100) percent of the total units, excluding manager's unit(s), must be for lower-income households as defined by Section 50079.5 of the Health and Safety Code (80% AMI), except that up to 20% of the total units in the development may be for moderate-income households as defined in Section 50053 of the Health and Safety Code (120% AMI), and 5% of the units may be for staff of the independent institution of higher education or religious institution that owns the land. Units must be subject to a recorded deed restriction of 55 years for rental units, and 45 years for owner-occupied units.
(2) Replacement units. If a project requires the demolition of residential units or is located on a site where residential units have been demolished within the past five years, the project sponsor shall comply with the replacement provisions of California Government Code Section 66300(d).
(3) Consistent with objective standards. The project must meet all objective standards of the Zoning Code at the time of application submittal.
(4) Density.
(A) In zones that allow for residential uses, including single-family zones, a minimum density of 30 units per acre shall be applied at the project site. If the zoning allows for a higher density on the project site or a site adjacent to the project site, then the highest density shall apply.
(B) In zones that do not allow for residential uses, a minimum density of 40 units per acre shall be applied at the project site. A project may be eligible for a density bonus, waivers, and incentives/ concessions under the State Density Bonus Law, except as described below for building height.
(5) Height.
(A) In zones that allow for residential uses, including single-family zones, a minimum height of one story above the zoned height shall be applied at the project site. If the zoning allows for a higher height limit on a site adjacent to the project site, then the higher height limit shall apply.
(B) In zones that do not allow for residential uses, a minimum height of one story above the zoned height shall be applied at the project site. A project may not seek a State Density Bonus incentive, concession, or waiver to increase the height above the height allowed by this chapter.
(6) Prevailing wage. A project that includes more than ten units that is not in its entirety a public work shall comply with the prevailing wage requirements set forth in California Government Code Section 65913.16(c)(12).
(7) Craft construction. In addition to the Labor Standards set forth in California Government Code Section 65912.130, a project with 50 or more units shall employ construction craft employees and provide for health care expenditures as set forth in California Government Code Section 65913.16(g).
(8) Environmental assessment. The development proponent must complete a Phase I environmental assessment, as defined in Section 25319.1 of the Health and Safety Code, and a Phase II environmental assessment, as defined in subdivision (o) of Section 25403 of the Health and Safety Code, if warranted.
(9) Tribal resources. For a Housing Development Project proposed on a site that is vacant at the time that the application is submitted, the site shall not contain tribal resources, as defined in California Public Resources Code Section 21074, that could be affected by the Housing Development Project that were found pursuant to a consultation as described in Public Resources Code Section 21080.1 and the effects of which cannot be mitigated pursuant to the process in Public Resources Code Section 21080.3.2.
(c) Residential parking. A minimum one space per unit shall be provided. In cases where the housing development project is located on property owned by a religious institution, no parking shall be required if either of the following applies:
(1) The parcel is located within one-half mile walking distance of public transit; or
(2) There is a car share vehicle located within one block of the parcel.
(d) Non-residential parking. Parking required for the higher education or religious uses on the site shall be as follows:
(1) Parking for the independent institution of higher education uses shall be provided pursuant to Chapter 21.68. In cases where existing parking is nonconforming, the deficiencies are not required to be fixed.
(2) Parking required for religious land uses shall be as approved as outlined in a previously approved Conditional Use Permit for said use. In cases where there is no Conditional Use Permit, parking shall be required as the number of parking spaces provided at such time the use was built.
(Ord. 736, § 5 (part), 2025).
21.53.040 Application procedure.
Approval of projects pursuant to this chapter shall require a Zoning Clearance pursuant to Chapter 21.96. No public hearing or notice shall be required.
(Ord. 736, § 5 (part), 2025).
21.53.050 Sunset clause.
This chapter shall only remain in effect until January 1, 2036 and on that date is repealed, unless the Legislature of the State of California extends Chapter 4.2 of Division 1 of Title 7 of the Government Code to a later date.
(Ord. 736, § 5 (part), 2025).
21.54.010 Purpose.
This section sets forth regulations for accessory dwelling units (ADU) in residential zoning districts consistent with state law (California Government Code Sections 65852.1 through 65852.2). Implementation of this section is intended to expand housing opportunities within existing neighborhoods while maintaining the primarily single- family residential character of the area.
(Ord. 612 Exhibit A (part), 2008; Ord. 705, § 7 (part), 2018).
21.54.020 Permitted by right with compliance with standards.
(a) An application (Site Plan Review Application) for an ADU shall be subject to ministerial review and shall only be approved by the Community Development Department if the ADU satisfies all the standards below.
(1) The ADU is developed on a lot within the single-family residential (R-1) zoning district that contains only one existing single-family dwelling or is developed in conjunction with a new single-family residence on a vacant lot within the single-family residential (R-1) zoning district.
(2) The ADU is the only ADU located, or proposed to be located, on the residential lot.
(3) The ADU is not located on a lot, or adjacent to a lot, with real property that is listed on the California Register of Historic Places.
(4) The ADU is built using conventional construction methods or is a manufactured home built on a permanent foundation or chassis and designed to be used as a single-family dwelling when connected to the required utilities, including plumbing, heating, air conditioning, and electrical systems.
(5) Before obtaining a building permit for an ADU, the owner of the lot or parcel shall file with the County Recorder a declaration of restrictions, which has been approved by the City Attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner and placing the following restrictions on the property, the property owner, and all successors in interest:
(A) The property owner must occupy either the primary dwelling unit or ADU as his or her primary principal residence;
(B) The unit is not being occupied by the property owner shall be rented only for terms longer than thirty days;
(C) The ADU is not to be sold or conveyed separately from the primary residence;
(D) The property owner and all successors in interest shall maintain the ADU and the property in accordance with all applicable ADU requirements and standards, including all city building, safety, health and fire codes;
(E) Any violation will be subject to penalties as provided in Chapter 1.08, “Penalties, Administrative and Civil Remedies, and General Provisions.”
(6) An ADU shall only be provided a separate address if it includes independent exterior access without any interior access to the interior living area of the primary residence.
(7) The height of attached and detached ADUs shall not exceed one story and fifteen feet at the peak of the roof or twelve feet for a flat-roofed structure. The roof pitch shall match that of the existing single-family residence. This one-story height restriction shall not apply to an ADU constructed above an existing garage, which shall not exceed a maximum height of thirty-five feet.
(8) If attached to the primary residence, the ADU shall comply with all the setback requirements of the applicable zone in which the primary residence and ADU are located and shall maintain a minimum distance of six feet from other on-site structures.
(9) If detached from the primary residence, the minimum side and rear yard setbacks for an ADU shall be five feet; the front yard setback shall comply with the requirement of the applicable zone in which the primary residence and ADU are located, and the ADU shall maintain a minimum distance of six feet from other on-site structures.
(10) Notwithstanding paragraphs (8) and (9) above, the following setback exceptions apply where applicable:
(A) An ADU constructed above an existing garage, shall maintain the same setbacks as the existing garage. The minimum side and rear yard setback for exterior stairs to a second floor ADU above a garage shall be five feet. Exterior stairs to a second floor ADU above a garage shall not be permitted along the front of the subject property. Interior stairs to a second floor ADU above a garage shall not encroach into the required two vehicle parking area within the garage. An ADU constructed above an existing garage shall not include a balcony, and any second-story window that faces a neighboring property shall be provided with translucent glazing or be placed at least six feet above the interior finished floor to protect the privacy of adjacent neighbors.
(B) For an ADU that is converted from an existing garage, no additional setbacks beyond the existing garage setback are required beyond those required by the local building and fire codes.
(11) The combined total lot coverage for both the primary residence and ADU shall not exceed the maximum lot coverage requirement of the applicable zone in which the primary residence and ADU are located.
(12) The design, materials, colors, architectural details and finish of an ADU shall match the primary residence.
(13) The minimum and maximum living area of an attached or detached ADU shall comply with the following:
(A) The minimum living area shall be one hundred fifty square feet with a minimum living/bedroom area of seventy square feet; and a minimum bathroom area of thirty square feet. The bathroom shall include a toilet, lavatory, and bathtub or shower. The remaining square footage shall include a kitchen, which shall include a sink, stove and refrigerator.
(B) The maximum living area shall be eight hundred square feet.
(14) An ADU shall have no more than one bedroom or any similar room that could reasonably function as a bedroom.
(15) In addition to the parking required for the primary residence, a minimum of one off-street parking space shall be provided for an ADU. The parking space required for the ADU must satisfy all the following:
(A) Parking shall not be in the front setback except on an approved paved driveway. Required yards and open space shall not be used for parking.
(B) The ADU's parking space may be tandem, covered, or uncovered, but must be paved.
(C) The ADU's parking space may be side-by-side on an expanded paved driveway with a maximum width of thirty feet provided the driveway apron is also expanded to align with the new driveway width.
(D) The dimensions of all parking spaces and driveways shall comply with Chapter 21.68, "Parking and Loading.” The minimum parking space size for all parking shall be equal to a "standard" parking stall.
(E) If an existing garage, carport or other covered parking is converted, demolished or displaced in conjunction with the construction of an ADU, the conversion or displacement shall not eliminate the off-street parking required for the primary residence which shall be replaced on-site. The replacement parking may be covered spaces, uncovered spaces or tandem spaces. Mechanical automobile parking lifts may also be used to replace the parking spaces provided they are located within a fully enclosed building. Additionally, if no additional parking is provided for the ADU, as a result of the parking exemptions listed in paragraph (16) below, then any existing garage, carport or other covered parking converted, demolished or displaced in conjunction with the construction of an ADU shall be replaced with the type (Fully Enclosed) and number of parking required for the primary residence.
(16) Notwithstanding paragraph (15) above, no additional parking space is required for an ADU that satisfies any of the following:
(A) The ADU is located within one-half mile of public transit as measured via the pedestrian path of travel starting at the property line of the subject lot;
(B) The accessory dwelling unit is entirely located within an architecturally and historically significant historic district;
(C) The ADU is part of the proposed or existing primary residence; or
(D) The ADU is located within one block of a car share vehicle.
(17) All sewer, water, gas, and electrical utility connections of the ADU must be a part of the primary dwelling unit's system.
(18) If an automatic sprinkler system is required for the primary residence, the ADU must also provide an automatic sprinkler system.
(19) Deviations from the above prescribed ADU development standards may be considered via the Administrative Adjustment or Variance process when applicable.
(20) Junior ADUs as listed within Government Code Section 65852.22 are prohibited within the city.
(Ord. 612 Exhibit A (part), 2008; Ord. 705, § 7 (part), 2018).
21.56.010 Intent and purpose.
The purpose of this chapter is to prohibit the operation and/or establishment of short-term residential rentals in all zones of the city that expressly or conditionally permit residential uses, excluding rental of dwelling units located within city-approved hotels and motels.
(Ord. 710, § 5 (part), 2019).
21.56.020 Definitions.
The following terms and phrases, whenever used in this chapter, shall be construed as defined in this section:
(1) "Advertisement" means any printed or lettered announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, email, Internet website or application, or any other form.
(2) "Hosting platform" means a person who participates in the short-term rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation.
(3) "Person" means any natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, or organization or business entity of any kind.
(4) "Short-term rental" means the renting of, or offering to make available (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration of any kind, any dwelling of any kind, or room or rooms in a dwelling, or any dwelling unit, or a portion thereof, within the city, for a period of less than thirty consecutive days. Rental of any dwelling unit, or room or rooms, located within or that are part of any city-approved hotel and motel shall not be considered a short term rental.
(Ord. 710, § 5 (part), 2019).
21.56.030 Prohibition.
It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written), for compensation or consideration of any kind, any dwelling of any kind, or room or rooms in a dwelling, or any dwelling unit, or a portion thereof, within the city, for less than thirty consecutive days. No person or entity shall place or maintain any advertisement for a short-term rental prohibited by this section. It shall be unlawful for any person to occupy a dwelling, a dwelling unit or a room in a dwelling for less than thirty consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or any consideration of any kind. This prohibition shall not apply to the rental of any dwelling unit, or room or rooms, located within or that are part of any city-permitted hotel and motel.
(Ord. 710, § 5 (part), 2019).
21.56.040 Hosting platform responsibilities.
(a) Subject to applicable laws, hosting platforms shall identify and disclose to the city on a regular basis, but not less than quarterly, each short-term rental property listing located in the city, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay.
(b) Hosting platforms shall not complete any booking transaction for any short-term rental at the time the hosting platform receives a fee for the booking transaction.
(c) Hosting platforms shall not collect or receive a fee, directly or indirectly through an agent or intermediary, for facilitating or providing services ancillary to a short-term rental, including, but not limited to, insurance, concierge services, catering, restaurant bookings, tours, guide services, entertainment, cleaning, property management, or maintenance of the short-term rental property.
(d) Safe Harbor. A hosting platform operating exclusively on the Internet, which operates in compliance with subsections (a), (b), and (c) above, shall be presumed to be in compliance with this chapter, except that the hosting platform remains responsible for compliance with any administrative subpoena issued by the city.
(e) The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if, or to the extent, determined by the city to be in violation of, or preempted by, any such law(s).
(Ord. 710, § 5 (part), 2019).
21.56.050 Violations and penalties.
Any person who violates any provision of this chapter is guilty of an infraction punishable through an administrative citation and subject to those fines listed in La Mirada Municipal Code Section 1.08.090.
(Ord. 710, § 5 (part), 2019).
21.57.010 Purpose.
The purpose of this chapter is to establish standards for review of residential care facilities in compliance with State law. This chapter shall be interpreted and applied consistent with the requirements of the California Government Code, including but not limited to Section 65580 et seq., and the requirements of the California Health and Safety Code Section 1500 et seq. (Ord. 736, § 5 (part), 2025).
21.57.020 Applicability.
(a) Small residential care facilities (serving six or fewer persons) shall be permitted by right in any residential zone.
(b) Large residential care facilities (serving seven or more persons) are permitted in residential zones, subject to issuance of a conditional use permit. (Ord. 736, § 5 (part), 2025).
21.57.030 Development standards.
In addition to the development standards of the underlying zoning district, residential care facilities shall comply with the following standards:
(a) Licensed. Residential care facilities shall be licensed by the appropriate state or county agency and shall comply with all licensing requirements thereof.
(b) Separation. The proposed large residential care facility shall be located no less than 1,000 feet in distance from any other large residential care facility, as measured property line to property line.
(c) Parking. Off-street parking requirements for residential care facilities shall be applied pursuant to Table 21.68.050.
(d) Entry door. No more than one entry door shall be located on a street facing façade.
(e) Exceptions to development standards. Development standards shall be applied per the underlying zoning district unless reasonable accommodation is granted per Chapter 21.126.
(Ord. 736, § 5 (part), 2025).
21.57.040 Application procedure.
(a) Approval of small residential care facilities (serving six or fewer persons) shall require a Zoning Clearance pursuant to Chapter 21.96. No public hearing or notice shall be required.
(b) Approval of large residential care facilities (serving seven or more persons) shall require a Conditional Use Permit pursuant to Chapter 21.110.
(Ord. 736, § 5 (part), 2025).
21.58.010 Purpose and intent.
These regulations are intended to facilitate the development of low-barrier navigation centers (LBNC) as set forth in California Government Code Section 65660 to 65663. A low-barrier navigation center provides essential housing-first, low-barrier, service-enriched shelters that are designed to help individuals experiencing homelessness transition into permanent housing. (Ord. 736, § 5 (part), 2025).
21.58.020 Applicability.
A low barrier navigation center that complies with the provisions of this chapter shall be permitted within the R-3 and R-4 zones, as well as the MUO and ESO overlays. (Ord. 736, § 5 (part), 2025).
21.58.030 Operational standards.
The operation of low barrier navigation center must adhere to the following:
(a) Connected services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
(b) Coordinated entry system. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing.
(c) Homeless management information system. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations as may be amended from time to time.
(d) A clear and enforceable code of conduct must be established for residents to ensure a safe and respectful living environment.
(e) Daily operations. Must operate 24 hours a day, seven days a week, to provide continuous support to residents.
(f) Code compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code as may be amended from time to time.(Ord. 736, § 5 (part), 2025).
21.58.040 Monitoring and reporting.
(a) Annual report. Each approved low barrier navigation center shall be subject to annual review by the city, including a review of management services. The permit grantee shall be responsible for filing an annual report to the city which includes the number of individuals served, outcome related to permanent housing placements, compliance with operation standards, and services provided at the facility.
(b) Inspections. The city reserves the right to conduct periodic inspections to ensure compliance with this chapter and applicable health and safety regulations. (Ord. 736, § 5 (part), 2025).
21.58.050 Application procedure.
An application for a zoning clearance for a low barrier navigation center permit shall be filed pursuant to Chapter 21.96
. The Director shall approve an application that meets the development standards set forth in this chapter without discretionary review or a public hearing, no more than 60 days after the application has been deemed complete. (Ord. 736, § 5 (part), 2025).
21.58.060 Sunset clause.
This chapter shall only remain in effect until January 1, 2027 and on that date is repealed, unless the Legislature of the State of California extends Article 12 of Chapter 3 of Division 1 of Title 7 of the Government Code to a later date. (Ord. 736, § 5 (part), 2025).
21.46.020 Mandatory compliance with code requirements.
In addition to complying with all applicable safety-related development standards set forth in this chapter, the installation of all antenna and telecommunications facilities must comply with all applicable building codes, fire codes, and electrical codes. In particular, electrical service must be properly grounded and rated fire walls may not be penetrated.
(Ord. 612 Exhibit A (part), 2008).
21.46.030 Permit requirements by zoning district.
(a) Permit Required. Unless otherwise exempt from permit requirements pursuant to Section 21.46.040, each wireless communication facility requires a permit in accordance with Table 21.46.030.
(b) Permit Processing. Permits shall be processed in accordance with applicable provisions of Article VIII for each of the specific permits listed in Table 21.46.030.
(c) Conditions. The designated approving authority for each of the listed permits may impose conditions on any permit or approval for a wireless communication facility to ensure compliance with all provisions and purposes of this chapter.
Table 21.46.030 Permit Requirements for Wireless Communication Facilities | ||||
Wireless Communication Facility | Residential Zoning Districts | Commercial Zoning Districts | Industrial Zoning District | Open Space District |
Table 21.46.030 Permit Requirements for Wireless Communication Facilities | ||||
Wireless Communication Facility | Residential Zoning Districts | Commercial Zoning Districts | Industrial Zoning District | Open Space District |
Antenna (all types), ground-mounted | ZC | ZC | ZC | ZC |
Antenna (all types), building-mounted | ZC | ZC | ZC | ZC |
Antenna (all types), roof-mounted | ZC | ZC | ZC | ZC |
Co-located wireless communication facility which is co-located on a permitted major or minor facility | ZC/CUP(1) | ZC/CUP(1) | ZC/CUP(1) | ZC/CUP(1) |
Satellite earth station | CUP | ZC | ZC | CUP |
Wireless communication facility, minor | CUP | ZC | ZC | CUP |
Wireless communication facility, major | CUP | CUP | CUP | CUP |
Abbreviations:
ZC = Permitted use subject to zoning clearance/plan check (Chapter 21.96 of this title)
CUP = Conditional use permit required pursuant to Chapter 21.110 of this title
(1) See provisions of subsection (d) below.
(d) The collocation of a new wireless communication facility on an existing, approved minor or major wireless communication facility that: (i) was approved after January 1, 2007 by discretionary permit; (ii) was approved subject to an environmental impact report, negative declaration, or mitigated negative declaration; and (iii) otherwise complies with the requirements of Government Code Section 65850.6 (b) for wireless telecommunications collocation facilities, shall only require zoning clearance/plan check pursuant to Chapter 21.96, provided such collocation does not increase the height or location of the existing permitted tower/structure, or otherwise change the bulk, size, or other physical attributes of the existing permitted wireless communication facility, except as follows:
(1) The collocation facility may include: (i) equipment boxes that are colored and/or disguised to match the existing facility and that do not exceed the total volume of equipment boxes utilized by the existing wireless telecommunications collocation facility; (ii) no more antenna panels than are being utilized by the existing wireless telecommunications collocation facility, provided all antennas are colored or disguised to match the existing facility; (iii) no additional tower, and no more support structure than is shown in plans and specifications to be reasonably necessary to collocate the permitted antenna panels on the existing wireless facility.
(2) Except as otherwise provided above, a conditional use permit shall be required if otherwise required by this title and the proposed collocation:
(A) Increases the height of the existing permitted tower/structure or otherwise changes the bulk, size, location, or any other physical attributes of the existing permitted wireless communication facility; or
(B) Adds any microwave dish or other antennas not expressly permitted to be included in a collocation facility by this section;
(C) The existing permitted wireless communication facility was approved on or prior to January 1, 2007; or
(D) The proposed collocation facility will serve or be operated by more than one wireless services provider, unless an additional provider is authorized in writing by the Planning Director after consideration of the factors applicable to administrative approval of collocation facilities set forth above in this section, the size of the additional, proposed facility, and the potential visual or other impact of the proposed facility.
(Ord. 612 Exhibit A (part), 2008).
21.46.040 Devices measuring one meter or less in diameter.
The following antennas and telecommunications facilities may be installed as permitted accessory uses in land use zones where residential and nonresidential uses are authorized without zoning clearance/plan check and without obtaining a building permit:
(1) An antenna located in any zoning district that is designed for the following purposes and that meets the specified dimensions and height limitations:
(A) An antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite services, provided that such antenna is one meter (39.37 inches) or less in diameter and is either building-mounted or ground- mounted and elevated by a mast.
(B) An antenna that is designed to receive video programming services by means of multipoint distribution services, including multi-channel multipoint distribution services, and such antenna is one meter (39.37 inches) or less in diameter or diagonal measurement and is either building-mounted or ground-mounted and elevated by a mast.
(C) Antennas referenced above in subsections (A) and (B) above may not exceed the following height limitations:
(i) The height limit for ground-mounted antenna is ten feet.
(ii) Building-mounted antenna may not project above the eave of the pitched roof or top of the parapet wall or cornice.
(iii) Roof-mounted antenna shall not extend more than five feet above the highest (peak) point of the roofline, parapet wall, or other roof screen.
(iv) Exceptions to these height limits may be granted by the city planner where the applicant can demonstrate that additional height is necessary to obtain a useable quality signal.
(2) An antenna, located in any zoning district, which is designed solely to receive television broadcast signals, and such antenna, whether building-mounted or ground-mounted, is limited to that height which is reasonably necessary to ensure the reception of television broadcast signals of an acceptable quality.
(Ord. 612 Exhibit A (part), 2008).
21.46.050 Devices measuring greater than one meter in diameter.
(a) The following antenna and telecommunications facilities may be installed in any zoning district where commercial or industrial uses are generally permitted, provided that a building permit is first obtained, that the antenna/facility receives required zoning clearance/plan check or conditional use permit approval pursuant this title, and that the installation complies with all applicable safety-related development standards set forth in this chapter.
(1) A satellite earth station antenna that is designed to receive video programming services, and the diameter or diagonal measurement of that antenna exceeds one meter (39.37 inches) but does not exceed two meters (78.74 inches). Such antenna may be either building-mounted or ground-mounted and elevated by a mast, but it may not exceed the following height limitations:
(A) The height limit for ground-mounted antenna is ten feet.
(B) Building-mounted antenna may not project above the eave of the pitched roof or top of the parapet wall or cornice.
(C) Roof-mounted antenna shall not extend more than five feet above the highest (peak) point of the roofline, parapet wall, or other roof screen.
(b) A fee may be imposed by the city for the issuance of any building permit that is required under this section.
(c) The city council finds and determines that the building permit requirement imposed by this section is in the public interest and is justified by the following facts and circumstances:
(1) Satellite earth station antennas that exceed one meter in diameter or diagonal measurement but do not exceed two meters may reasonably be expected to be of a size, weight, and bulk substantially in excess of the smaller satellite earth station antennas that are permitted accessory uses and therefore generate legitimate safety concerns of a greater magnitude.
(2) Satellite earth station antennas having a diameter or diagonal measurement between one meter and two meters that are proposed to be located in commercial or industrial zoning districts have the potential to adversely affect the public safety due to the concentration of substantial numbers of employees and customers in commercial and industrial buildings.
(d) The city council further finds and determines that the building permit requirement imposed by this section is no more burdensome than is necessary to enable the city to achieve the following safety-related objectives and thereby reduce the potential for bodily injury, death, and property damage:
(1) To verify the proper mounting of these larger antennas on buildings or masts within commercial and industrial land use zones in order to reduce potential safety hazards resulting from faulty installations, including detachments attributable to windstorms, earthquakes, or other natural causes.
(2) To minimize the potential for fire-related hazards by verifying compliance with all applicable requirements of the city's electrical code, including those pertaining to wiring and electrical connections, grounding, and clearance from adjacent power lines.
(3) To ensure that the installation is completed in compliance with all applicable building code and fire code requirements, particularly in those circumstances where fire-rated walls or the roof of a structure will be subject to drilling or alteration.
(4) To ensure that no antenna, nor any of its component parts or accessory facilities, encroaches into the public rights-of-way, thereby compromising public safety.
(5) To ensure that a licensed structural or civil engineer certifies engineering calculations for all footings that may be required for the installation of a ground-mounted antenna.
(Ord. 612 Exhibit A (part), 2008).
21.46.060 Safety-related development standards for antenna and telecommunications facilities.
(a) The safety-related development standards set forth in this section apply in all zoning districts to the siting, construction, and operation of the following antenna and telecommunications facilities:
(1) Satellite earth station antennas that are permitted accessory uses.
(2) Satellite earth station antennas that are subject to a building permit.
(3) Satellite earth station antennas that require conditional use permit approval and the issuance of building permits.
(b) The safety-related development standards are as follows:
(1) No satellite earth station antenna may be installed in any zoning district if it will impede normal vehicular or pedestrian circulation, ingress to, or egress from any building, structure, or parking facility.
(2) Any mast that will be used to elevate a satellite earth station antenna must be constructed of noncombustible and corrosive-resistant materials.
(3) All satellite earth station antennas must be installed with adequate ground wire to protect against a direct strike of lightning. The ground wire must be of a type approved by the electrical code for grounding masts and lightning arrestors.
(4) All satellite earth station antennas must be separated from adjacent power lines by such vertical and horizontal distance as is required by the electrical code and by other applicable laws and regulations.
(5) Any mast that will be used to elevate a satellite earth station antenna must be secured by a separate safety wire in a direction away from adjacent power lines or other potential hazards.
(6) To the extent feasible, all cables, wires, or similar electrical transmission devices that connect with a satellite earth station antenna must be placed underground.
(7) All connectors on a satellite earth station antenna, and on any mast to be used for elevation, must be capable of sustaining a wind load of the magnitude specified in the building code.
(8) No satellite earth station antenna, nor any of its component parts or accessory facilities, may encroach into the public rights-of-way.
(9) All satellite earth station antennas must be maintained in good repair, in a neat and clean condition, and in compliance with all applicable building, fire, and electrical codes.
(Ord. 612 Exhibit A (part), 2008).
21.46.070 Development standards for antenna and telecommunications facilities.
(a) Residential Zoning Districts. The following development standards apply to the siting, construction, and operation of satellite earth station antennas in residential zoning districts:
(1) A ground-mounted satellite earth station antenna that must be located in the rear yard and in compliance with the setback requirement that is applicable to the primary structure.
(2) A building-mounted satellite earth station antenna that requires zoning clearance/plan check or a conditional use permit must be located on that building so as not to be visible from the street.
(b) All Other Zoning Districts. The following development standards apply to the siting, construction, and operation of satellite earth station antennas in all nonresidential zoning districts:
(1) A ground-mounted satellite earth station antenna that requires zoning clearance/plan check or a conditional use permit must be located in compliance with any applicable setback requirement.
(2) No ground-mounted satellite earth station antenna that requires zoning clearance/plan check or a conditional use permit may be located in the area between the front property line and the main building or structure.
(Ord. 612 Exhibit A (part), 2008).
21.46.080 Administrative adjustment required.
(a) Administrative Adjustment Required. Under any of the following circumstances, an application for an administrative adjustment must be submitted in accordance with Chapter 21.102 and, if the application is approved, a building permit must be obtained:
(1) The proposed satellite earth station antenna will exceed the applicable height limitation(s).
(2) The diameter or diagonal measurement of the proposed satellite earth station antenna will exceed the maximum limitations specified in this chapter.
(3) The proposed satellite earth station antenna will not comply with the applicable setback or locational requirements set forth Section 21.46.070.
(b) Review Criteria. In considering an application for an administrative adjustment relating to the siting of a satellite earth station antenna, the approving authority will consider the following factors, as may be applicable:
(1) Whether the requested administrative adjustment is necessary to enable the applicant to receive signals of an acceptable quality.
(2) Whether the satellite earth station antenna will have a substantial adverse impact on the scale and massing of the streetscape.
(3) Whether the satellite earth station antenna will have a substantial adverse impact on an adjacent property owner's access to light and air or on the adjacent property owner's privacy.
(c) Application. In addition to the requirements for an administrative adjustment set forth in Chapter 21.102, the application must include the following:
(1) Construction drawings that show the proposed method of installation and the manufacturer's specifications, including equipment specifications that are mandated by the FCC.
(2) A plot plan showing the proposed location on the site of the satellite earth station antenna, its distance from other structures on the site, and its distance from the closest structures on adjacent properties.
(3) Engineering data evidencing that the satellite earth station antenna will be in compliance with all structural requirements of the building code.
(Ord. 612 Exhibit A (part), 2008).
21.46.090 Placement guidelines.
The community development director or his or her designee may prepare and disseminate information concerning the placement and installation of satellite earth station antennas in accordance with voluntary guidelines that will help to achieve the city's safety-related objectives and to promote reasonable aesthetic objectives in order to maintain property values. This information may include, without limitation, the following:
(1) Installers of satellite earth station antennas licensed to conduct business within the city.
(2) Federal regulations promulgated by the FCC that preempt governmental and nongovernmental restrictions on antenna users who occupy residential units, including residential units subject to homeowner association CC&Rs and residential units within multiple-dwelling complexes, whether owner occupied or tenant occupied.
(3) The availability to existing or prospective antenna users of "no fee" safety-related inspections by the city.
(4) Guidelines relating to the preferred placement of satellite earth station antennas in order to reduce or eliminate their visibility from adjacent public streets, including the use of screening materials, such as walls, fences, earth berms, or landscaping, or the addition of new architectural elements that are compatible with the design of adjacent buildings.
(5) Guidelines relating to preferred neutral finished colors of satellite earth station antennas, which colors are determined to blend with surrounding dominant colors, or to camouflage an antenna, and are neither bright, reflective, nor metallic.
(Ord. 612 Exhibit A (part), 2008).
21.46.100 Facilities within public rights-of-way.
All wireless antenna facilities proposed in the public rights-of-way in any zoning district must, unless exempt under paramount state or federal law, comply with all applicable provisions of the Municipal Code pertaining to encroachments into or on public property or rights-of-way.
(Ord. 612 Exhibit A (part), 2008).
21.46.110 City-owned land, buildings, and rights-of-way.
(a) The regulatory provisions of this Division II do not apply to the siting of wireless antenna facilities on or within city-owned land or buildings. The proposed siting of these facilities on all city-owned property will require a license or lease agreement with the city, which license or lease agreement must be approved by the city council.
(b) Except as noted in Section 21.46.100, the regulatory provisions of this section do not apply to the siting of wireless antenna facilities, or to the siting of radio equipment, used by a telecommunications service provider in operating a wireless, microcellular digital radio communications network, upon existing above-ground poles or similar appurtenances located within the public rights-of-way. Applications for the placement of such antenna facilities or radio equipment upon existing above-ground poles or similar structures located within the public rights-of-way will be submitted to the public works director on a form provided by the director, along with an application fee in an amount established by resolution of the city council. Unless exempt under paramount state or federal law, any authorized use of existing poles or similar structures located within the public rights-of-way will be subject to a permit to be issued by the city manager, or the city manager's designee.
(c) Except as provided in Section 21.46.100, the regulatory provisions of this section do not apply to the siting of wireless antenna facilities, or to the siting of radio equipment, used by a telecommunications service provider in operating a wireless, microcellular digital radio communications network, upon new above-ground poles or similar structures that are proposed to be installed within the public rights-of-way. Applications for the placement of such antenna facilities or radio equipment upon new above-ground poles or similar structures that are proposed to be installed within the public rights-of-way will be submitted to the public works director on a form provided by the director, along with an application fee in an amount established by resolution of the city council. Authorization for the installation of any new above-ground pole or similar structure for the operation of an antenna facility or radio equipment must comply with the provisions of the Municipal Code pertaining to encroachments into or on public property or rights-of-way, and will be subject to a license, lease, or franchise agreement with the city that is approved by the city council.
(d) Every permit, license, lease, or franchise agreement that is authorized by the city under the provisions of this section may contain a requirement that the telecommunications service provider, or the property owner, submit documentation that the electromagnetic fields (EMFs) from the proposed antenna facilities or radio equipment will be within the limits approved by the FCC, and that a report be submitted annually evidencing the fact that the EMFs continue to be within approved FCC limits.
(Ord. 612 Exhibit A (part), 2008).
21.46.120 Review required.
(a) Type of Review. Unless otherwise exempt from permit requirements pursuant to Section 21.46.040, each wireless communication facility requires a permit in accordance with Table 21.46.030.
(b) Application Requirements. In addition to the requirements set forth in Chapters 21.96 and 21.110, the application for zone clearance/plan check or for a conditional use permit must include the following:
(1) A site plan, drawn to scale, showing all existing improvements on the site, the proposed location of the wireless antenna facility, the height of any existing or proposed new support structure, accessory equipment facility, guy-wires, above and below ground wiring and connection cables, existing or proposed easements on the property, the height above ground of any panels, microwave dishes, or whip antennas, and the distance between the antenna facility and any existing or proposed accessory equipment facility.
(2) A description of the maximum potential of the proposed wireless antenna site to accommodate the installation of additional antennas.
(3) A location map showing existing wireless antenna sites within the city that are owned or operated by the applicant and any proposed sites in the city that may be required for future area coverage.
(4) Documentation that the electromagnetic fields (EMFs) from the proposed wireless facility, both individually and cumulatively, will be within the limits approved by the FCC. As a condition of approval of any permit or other entitlement, the approving authority may require the annual submission of a report prepared by a qualified person evidencing the fact that EMFs continue to be within approved FCC limits.
(5) A statement concerning the minimum distance from the proposed wireless antenna facility that is required to ensure that no person will be exposed to any harmful effects attributable to EMFs.
(6) Evidence of any required licenses and approvals to provide wireless services in the city.
(7) The property owner's written consent to the proposed siting of the wireless antenna facility and acknowledgment of its obligations under this zoning ordinance.
(8) A radio coverage map of the area proposed to be served. If the applicant is proposing a new support structure, then a written statement, including all facts in support thereof, from a licensed radio engineer attesting to the need for such structure, as described in the application, to be located at the applied for location.
(c) Review Criteria. In addition to consideration of the criteria for zone clearance/plan check or conditional use permit in Chapters 21.96 and 21.110, respectively, the approving authority must consider the following factors in determining whether to issue a permit or other entitlement for a wireless antenna facility:
(1) Height of the proposed facility.
(2) The nature and proximity of existing uses on adjacent properties.
(3) Surrounding topography.
(4) Surrounding tree coverage and foliage.
(5) Design of the proposed facility, with particular reference to design features that have the effect of reducing or eliminating visual obtrusiveness, such as a camouflaged facility, a facility screened by natural or artificial vegetation, or a facility located or co-located on an existing building or an existing support structure.
(6) Proposed ingress and egress.
(7) Availability of suitable existing buildings or support structures.
(Ord. 612 Exhibit A (part), 2008).
21.46.130 Development standards for wireless facilities.
All wireless facilities subject to the provisions of this chapter shall comply with the following development standards:
(1) Antenna arrays on wireless antenna facilities that are proposed to be sited on an existing building or support structure must be integrated with the architectural design and coloring of that existing building or support structure.
(2) New major wireless facilities shall not be permitted to locate within five hundred feet of any existing, legally established major wireless facility, except when co-located on the same building, structure, or wireless facility.
(3) All major wireless facilities shall be set back a minimum distance of two hundred feet from any property zoned for residential use.
(4) The siting of new support structures is subject to the following additional requirement:
(A) No new support structure in a residential land use zone will be permitted unless the approving authority makes the additional finding that, based upon evidence submitted by the applicant, no existing non-residential building or support structure can reasonably accommodate the proposed wireless antenna facility. Evidence supporting this finding will be reviewed by the reviewing authority and may consist of any of the following:
(i) No existing non-residential buildings or support structures are located within the geographic area proposed to be served by the applicant's facility.
(ii) Existing non-residential buildings or support structures are not of sufficient height or structural strength to meet the applicant's operational or engineering requirements.
(iii) The applicant's proposed facility in a nonresidential zoning district would create electromagnetic interference with another facility on an existing structure, or the existing antenna array on an existing building or support structure would create interference with the applicant's proposed antenna array.
(iv) The costs, fees, or contractual provisions required by a property owner, or by an incumbent wireless service provider, in order to co-locate a new antenna array on an existing non-residential building or support structure, or to adapt an existing non-residential building or support structure for the location of the new antenna array, are unreasonable.
(v) There are other limiting factors that render existing nonresidential buildings and support structures unsuitable for use by the applicant.
(5) If a new support structure for a facility will be visible from adjacent residential properties or from major arterial streets, the approving authority may require that the support structure be screened or camouflaged to mitigate adverse visual impacts.
(6) Protective structures housing accessory equipment must comply with all applicable requirements of the zoning code that relate to accessory structures.
(7) If a proposed facility will be visible from a residential area or an arterial street, any required fencing must be of wrought iron or similar decorative materials satisfactory to the community development director.
(8) A new, freestanding support structure must be separated from a building on the same site by a distance that is at least equal to the height of that support structure, unless that building houses equipment accessory to that support structure.
(9) The exterior of a new support structure must have a non-corrosive, non-metallic finish that is not conducive to reflection or glare. The support structure, the antenna array, and the accessory equipment facility must all be of a neutral color.
(10) Buildings and support structures may not be illuminated unless specifically required by the federal aviation administration or other governmental agencies.
(11) Except as otherwise provided by law, no off-premises or on-premises signs may be placed by a wireless service provider on a building or support structure to which a wireless antenna facility is attached.
(Ord. 612 Exhibit A (part), 2008).
21.46.140 Maintenance and cessation of use.
The following requirements apply to wireless antenna facilities that are authorized by permit or other entitlement and that are located on existing buildings or support structures and on new support structures:
(1) The site must be maintained in a condition free of trash, debris, and refuse in accordance with Chapter 21.72.
(2) If a support structure, or an antenna array affixed to a building or to a support structure, becomes inoperable or ceases to be used for a period of six consecutive months, the permittee or the property owner must give written notice of such inoperability or nonuse to the public works director. The antenna array and, if applicable, the support structure, must be removed within a ninety-day period. If that removal does not occur, the city may remove the antenna array and, if applicable, the support structure, at the expense of the permittee or the owner; provided, however, that if other antenna arrays owned or operated by other service providers are affixed to the same support structure, then only the antenna array that has become inoperable or has ceased to be used is required to be removed, and the support structure may remain in place until all service providers cease to use it.
(Ord. 612 Exhibit A (part), 2008).
21.46.150 Local emergency or disaster situations; temporary installations.
The city manager, as the director of the office of emergency services, is authorized in the event of a local emergency or disaster to employ all providers of wireless services whose antenna facilities can be deployed immediately within the city for the purpose of implementing the emergency services plan, coordinating the emergency and disaster functions of the city, and protecting life and property. The temporary deployment of such wireless antenna facilities may be authorized at such locations, and for such period of time, as will afford maximum protection for the public health, welfare, and safety.
(Ord. 612 Exhibit A (part), 2008).
21.46.160 Building permit required.
Nothing contained in this Division III may be deemed to exempt from the requirement of a building permit the installation of an amateur radio station antenna that, because of its limited height, is not required to obtain a minor variance pursuant to Section 21.46.080.
(Ord. 612 Exhibit A (part), 2008).
21.46.170 Reasonable accommodation.
(a) Administrative Adjustment Required. The proposed installation of an amateur radio station antenna, whether ground-mounted or building- mounted, in any zoning district, which antenna will extend more than fifteen feet above the highest point of the roofline of a building or structure on the proposed site, must be preceded by an application for an administrative adjustment in accordance with Chapter 21.102 and, if the application is approved, a building permit must be obtained.
(b) Application Requirements. In addition to the requirements set forth in Chapter 21.102, the application for an administrative adjustment must include the following:
(1) Construction drawings that show the proposed method of installation and the manufacturer's specifications.
(2) A plot plan showing the proposed location and dimensions of the amateur radio station antenna.
(3) Engineering data evidencing that the amateur radio station antenna will be in compliance with all structural requirements of the building code.
(4) Copies of all licenses issued to the applicant by the FCC to engage in amateur radio service operations and to use the site as an amateur radio station.
(c) Review Criteria. In considering the application for a minor variance for a proposed amateur radio station antenna, the approving authority must consider the following factors:
(1) Whether the proposed height of the amateur radio station antenna is the minimum height that is technically required to enable the applicant to engage in amateur radio service operations of the nature contemplated.
(2) Proximity of the proposed amateur radio station antenna to inhabited buildings and structures.
(3) The nature of existing uses on adjacent and nearby properties.
(4) Surrounding topography, tree coverage, and foliage, and their effect on the proposed height of the amateur radio station antenna.
(5) Design of the proposed amateur radio station antenna, with particular reference to design features that provide for retraction of the antenna when not in use and design features that may reduce or eliminate visual obtrusiveness, particularly in residential zones.
(d) Guidelines for Denial or Conditioning Application. In making any determination during the administrative adjustment approval process to deny or to condition the application for an amateur radio station antenna, the approving authority must adhere to the following guidelines:
(1) The imposition of conditions or restrictions relating to the placement, screening, or height of a proposed amateur radio station antenna, which conditions or restrictions are based upon protection of the public health, welfare, and safety, aesthetic considerations, or the preservation of property values, must be considered on a case-by-case basis, taking into account the unique features of the proposed site, the factors specified above in subsection (c), and the reasonable accommodation considerations of subsection (2) below.
(2) The administrative adjustment approval process must be conducted so as to:
(A) Reasonably accommodate the paramount federal interest in promoting amateur radio communications as voluntary, noncommercial communications services, particularly with respect to emergency communications; and
(B) Impose the minimum practical restrictions, limitations, and conditions in order to achieve the city's legitimate regulatory objectives.
(Ord. 612 Exhibit A (part), 2008).
21.46.180 Nonconforming antennas.
Any antenna constructed in violation of this chapter, or in violation of any prior ordinance or regulation, is subject to immediate abatement.
(Ord. 612 Exhibit A (part), 2008).
21.46.190 Enforcement.
(a) All satellite earth station antennas, amateur radio station antennas, and wireless antenna facilities are subject to periodic inspection by the city to determine whether they are in compliance with all applicable provisions of this chapter.
(b) If any condition is discovered that may result in a danger to life or property, the city will give written notice to the permittee or to the property owner, or both, at their last known address, describing the dangerous condition and demanding that the same be corrected within the period of time specified in that notice.
(c) Failure to comply with any applicable provision of this chapter, or with conditions that may be imposed in connection with an administrative adjustment, zoning clearance/plan check, or a conditional use permit, will constitute a public nuisance as well as grounds for revocation of the permit or other entitlement.
(Ord. 612 Exhibit A (part), 2008).