A.   Purpose. This Chapter provides locational, site planning, developmental, and/or operational standards for certain land uses that are allowed by Article 2 (Zones, Allowable Uses, and Development and Design Standards) within individual or multiple zones, and for activities that require special standards to mitigate their potential adverse impacts.

   B.   Applicable Standards. The land uses and activities covered by this Chapter shall comply with the provisions of each Section applicable to the specific use, in addition to all other applicable provisions of this Zoning Code.

      1.   Where Allowed. Each use shall be located only where allowed by Article 2 (Zones, Allowable Uses, and Development and Design Standards).

      2.   Developmental Standards. The standards for specific uses specified in this Chapter are required in addition to all other applicable provisions of this Zoning Code (e.g., Articles 2 and 3, etc.).

         a.   The land use tables in Article 2 (Zones, Allowable Uses, and Development and Design Standards) and the specific characteristics of the use, as defined in Article 9 (Definitions), determine when the standards of this Chapter apply to a specific land use.

         b.   In the event of any conflict between the requirements of this Chapter and those of Article 2 (Zones, Allowable Uses, and Development and Design Standards) or Article 3 (Regulations Applicable to All Zones), the requirements of this Chapter shall control. (Ord. 935 § 3 (part), 2015)

   A.   Purpose and Applicability. This Section provides locational, developmental, and/or operational standards for accessory uses. The provisions in this Section shall apply to accessory uses where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development and Design Standards) and the following standards.

   B.   City Standards.

      1.   Secondary to a Primary Use. An accessory use shall be secondary to a primary use and shall be allowed only in conjunction with a primary use or structure to which it relates under the same regulations as the primary use in any zone.

      2.   Specific Standards. These regulations are found in the use regulations tables in Article 2 (Zones, Allowable Uses, and Development and Design Standards) of this Zoning Code and may be subject to specific standards specified in this Chapter or the standards established for each zone, as specified in the Article 2 tables. (Ord. 935 § 3 (part), 2015)

   A.   Purpose and Applicability. This Section provides locational and operational standards for off-sale alcohol sales establishments of less than 5,000 square feet (also referred to as liquor stores). The provisions in this Section shall apply to alcohol sales establishments where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development and Design Standards) and the following standards.

   B.   Applicable Provisions and Prohibitions.

      1.   Prohibited Locations. Off-sale alcohol sales establishments of less than 5,000 square feet shall not be located within an 800-foot radius of another off-sale alcohol sales establishment or any sensitive use as defined in Article 9 (Definitions), disregarding the corporate boundary of the City, and as measured in compliance with Subparagraph 2. (Measurement of Distance), below.

      2.   Measurement of Distance. The distance between an off-sale alcohol sales establishment and a sensitive use or another off-sale alcohol sales establishment shall be made in a straight line, without regard to the intervening structures or objects, from the closest exterior wall of the structure, or a portion of the structure, in which the establishment is located, to the property line of the parcel on which the structure, or portion of the structure, in which the sensitive use or another off sale alcohol sales establishment occurs or is located. (Ord. 935 § 3 (part), 2015)

   A.   Purpose and Applicability. This Section provides locational and operational standards for animal and poultry keeping operations. The provisions in this Section shall apply to animal and poultry keeping operations where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development and Design Standards) and the following standards. Additionally, all animal and poultry keeping shall be in compliance with Municipal Code Chapter 3.36 (Animal Control Ordinance).

   B.   City Standards.

      1.   Animals Prohibited in City. No person shall keep, maintain or cause to be kept or maintained any of the following, on any premises, within the City:

         a.   Burros, jacks, or jennies.

         b.   Cattle or calves.

         c.   Dangerous or poisonous reptiles, as determined by the Director, except when located in hospitals or educational institutions.

         d.   Emus, llamas, or ostriches.

         e.   Goats or sheep.

         f.   Lions, tigers, or similar animals ordinarily considered to be wild and dangerous.

         g.   Oxen.

         h.   Swine, except any pygmy pig that was kept or maintained as a pet on a developed parcel in a residential zone as of December 31, 1997; provided, the pygmy pig at all times has a valid Animal License issued by the County of Los Angeles and that proof from a licensed veterinarian has been provided to the Department that the pygmy pig has been spayed or neutered.

         i.   None of the animals referred to above, shall be considered to be a “household pet,” as that term is defined in Article 9 (Definitions), regardless of whether the animal is usually or ordinarily kept within a dwelling.

      2.   Noisy Animals Prohibited. No person shall keep or maintain upon any premises in any zone in the City, any crowing rooster, guinea fowl, peacock, or any other fowl or animal which by any sound or cry shall disturb the peace and quiet of any neighborhood in violation of the regulations specified in Municipal Code Chapter 4.34 (Noise Regulations).

      3.   Keeping of Dogs and Cats Restricted. No person occupying a dwelling unit shall keep or maintain more than up to three dogs and up to three cats for a maximum total of six animals, over four months of age, within the residential zones of the City. The dogs and/or cats shall be kept for the personal use and enjoyment of the occupants of the dwelling only. The commercial breeding of dogs and cats is prohibited.

      4.   Keeping of Poultry, Rabbits, and other Small Animals Restricted. The following standards shall apply to poultry, rabbits, and other small animals (as defined in Article 9 [Definitions]) within the City.

         a.   No person shall keep or maintain more than one poultry, rabbit, and/or small animal for each 1,000 square feet of parcel area, not to exceed a combined total of 20 poultry, rabbits, and/or small animals located on a residential site.

         b.   Poultry or small animals under three months of age and not exceeding 25 in number shall not be counted in computing the number of poultry or small animals on the subject premises.

         c.   The private keeping of poultry, rabbits, and small animals are not allowed on nonresidential sites.

         d.   This Subparagraph shall not be interpreted to limit or prohibit homing pigeons. Government Code Section 65852.6 states that it is the policy of the State to permit breeding and the maintaining of homing pigeons consistent with the preservation of public health and safety. For purposes of this Subparagraph, a “homing pigeon,”sometimes referred to as a racing pigeon, is a bird of the order Columbae. It does not fall in the category of “fowl or poultry” which includes chickens, ducks, geese, turkeys, and other domesticated birds other than homing pigeons.

      5.   Keeping of Horses Restricted.

         a.   No horse or pony shall be kept or maintained on any residentially or commercially zoned property having an area of less than one-half acre.

         b.   Horses and ponies may be kept at a ratio of one horse or pony for each one-half acre of parcel area, with the maximum number limited to three.

         c.   The horses and ponies shall be kept for the personal use and enjoyment of the occupants of the premises only.

         d.   No horse breeding shall be allowed on the subject property.

      6.   Compliance with Health Regulations.

         a.   The keeping of domestic animals or poultry provided for in this Section, except household pets, shall conform to all provisions of the City’s health ordinances governing the keeping of animals and poultry.

         b.   No animal, poultry, or any barn, coop, corral, grazing area, pen, or stable shall be maintained within:

            (1)   50 feet of any residence, dwelling, or structure used for human habitation;

            (2)   50 feet of any public street;

            (3)   30 feet of any portion of an adjoining residential zoned property, except where the residential properties are parcels containing one-half acre or more; or

            (4)   300 feet of any hospital, place of assembly, public park or school.

         c.   All premises upon which animals or poultry are kept and all corrals, enclosures, pens, structures, and yards shall be kept in a clean, orderly, and sanitary condition so that they will not cause foul odors, breeding of flies, or any way become a public nuisance.

         d.   All applicable Los Angeles County rules and regulations related to the keeping of animals shall be complied with. (Ord. 935 § 3 (part), 2015)

   A.   Purpose and Applicability. This Section provides locational, developmental, and operational standards for cyber/internet cafes. The provisions in this Section shall apply to cyber/internet cafes where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development and Design Standards) and the following standards. The applicable provisions specified in Municipal Code Chapter 5.08 shall also apply.

   B.   Prohibited in Residential Zones. Cyber/internet cafes shall be prohibited in all residential zones of the City.

   C.   Definitions. The following words and phrases shall have the meaning specified in this Section:

      1.   Cyber/Internet Café. An establishment that provides four or more computers and/or other electronic devices, for access to that system commonly referred to as the “internet,” E-mail, playing video games over the Internet, and/or access to other computer software programs, to the public for compensation and/or for public access. A cyber/internet cafe does not include a public use or internet learning center as defined below.

      2.   Public Use or Internet Learning Center. An establishment that provides computer access which is operated by the City, a school district, a library, a college district, or a private institution of learning which provides classes in computer instruction or uses computers to aid in academic instruction, or a nonprofit organization which does not receive compensation from individuals using the cyber/internet cafe in any form other than school tuition. However, this exception shall not be applicable if the Los Angeles County Sheriff's Department determines, on the basis of one or more incidents at the agency, that the implementation of the provisions concerning cyber/internet cafes is necessary for the public safety.

   D.   Locational and Operational Standards.

      1.   Separation Requirements.

         a.   Prohibited Locations. No cyber/internet cafe shall be located within an 800-foot radius of another cyber/internet cafe or any sensitive use as defined in Article 9 (Definitions), disregarding the corporate boundary of the City, and as measured in compliance with Subparagraph b. (Measurement of Distance), below.

         b.   Measurement of Distance. The distance between a cyber/internet cafe and a sensitive use or another cyber/internet cafe shall be made in a straight line, without regard to the intervening structures or objects, from the closest exterior wall of the structure, or a portion of the structure, in which the cyber/internet cafe is located, to the property line of the parcel on which the structure, or portion of the structure, in which the sensitive use or another cyber/internet cafe occurs or is located.

      2.   Curfew for Minors. Minors shall be accompanied by a parent or legal guardian after 10:00 P.M. and may not enter the facility during those times as the school district in which the facility is located is conducting its regular education program. These hours of operation shall be posted in a conspicuous place to the satisfaction of the Director.

      3.   Hours of Operation. Reasonable conditions may be imposed restricting hours of operation beyond those identified in Municipal Code Section 3.25.030, so as to protect the public health, safety, and welfare and surrounding property and uses.

      4.   Camera/Video Surveillance System. There shall be a camera/video surveillance system capable of delineating on playback of the system the activity and physical features of persons or areas within the premises. The system shall cover all entrances and exit points and all interior spaces, except for bathroom and private office areas. The system shall be subject to inspection by the City during business hours any day of the week. The system shall be maintained in good working order, including the recording of the videotape, at all times. The videotape shall be maintained for a minimum period of 72 hours.

      5.   Employees/Security Measures.

         a.   Employees. All cyber/internet cafes shall provide full-time adult attendants or supervisors, 21 years of age or older, at a ratio of one attendant/supervisor for each 10 machines, plus one security guard for each 20 machines or fraction thereof or as otherwise directed by the Los Angeles County Sheriff’s Department.

         b.   Security Measures.

            (1)   Security measures may include, but are not limited to additional security guards, background investigations of the business applicants, and surveillance video equipment.

            (2)   The provisions specified in Municipal Code Section 5.08.020 (e.g., fingerprinting requirement for background checks) shall also apply.

      6.   Adult Business Activities. Adult business activities and/or uses are prohibited, unless specifically approved in compliance with the requirements of Chapter 10.62 (Adult Businesses).

      7.   Fire Exit Plan. The owner shall submit and receive approval of an exit plan from the Los Angeles County Fire Department. The plan shall address all exiting requirements of the Uniform Building Code and Uniform Fire Code. This includes, but is not limited to, providing an existing planshowing equipment location, aisle locations, and dimensional widths, and having approved exit doors and panic hardware.

      8.   Lighting and Visibility.

         a.   Adequate lighting shall be maintained inside the business and parking areas. An interior and exterior lighting plan shall be reviewed and approved by the Director before occupancy.

         b.   No window treatment(s) shall be installed or maintained that would prohibit the view of the interior during normal business hours.

      9.   Illegal Gambling Prohibited. Under no circumstances shall electronic game machines, which include computers and other amusement devices, be used for illegal gambling or gaming.

      10.   Pool Tables/Amusement Devices Prohibited. Pool tables or other amusement devices are prohibited.

      11.   Private Booths Prohibited. Any booth or individual computer use area within the cyber/internet cafe shall be visible from a continuous and accessible main aisle in a public portion of the cyber/internet cafe, and shall not be obscured by any door, curtain, wall, two-way mirror, or other device which would prohibit a person from seeing the entire interior of the booth/individual viewing area from the main aisle. Further, no one shall maintain any booth/individual viewing area in any configuration unless the entire interior where the computer that is being used is visible from one main aisle. No doors are permitted on a booth/individual viewing area. No partially or fully enclosed booth/individual viewing areas or partially or fully concealed booth/individual viewing areas shall be maintained.

      12.   Smoking/Alcoholic Beverages Prohibited.

         a.   No person shall be permitted to smoke or consume alcoholic beverages on the inside of the cyber/internet cafe premises.

         b.   The sale of cigarettes and alcohol on the premises is prohibited.

         c.   No intoxicated or disorderly persons shall be allowed to remain on the premises.

         d.   Signs shall be posted stating this condition to the satisfaction of the Director.

      13.   Tournaments Prohibited. No tournaments, sweepstakes, or other exchange of prizes shall be allowed at any cyber/internet cafe. (Ord. 935 § 3 (part), 2015)

   A.   Purpose and Applicability. This Section provides standards for the location, development, and operation of large family child day care homes for seven to 14 children in compliance with State law. The provisions in this Section shall apply to large family child day care homes which shall be allowed in all residential zones in compliance with Article 2 (Zones, Allowable Uses, and Development and Design Standards) and the following standards.

   B.   State Requirements. These standards shall apply in addition to requirements imposed by the California Department of Social Services.

   C.   Codes and Standards. All large family child day care homes shall comply with the following standards and obtain a Zoning Clearance, in compliance with Subsection C. 9., below:

      1.   Licensing. Prior to commencing business as a large family child day care home, the operator of a large family child day care home shall obtain and maintain a valid license from the California Department of Social Services in compliance with California Code of Regulations, Title 22, Division 12 (Child Care Facility Licensing Requirements), and a City Business License, in compliance with Municipal Code Chapter 5.04.

      2.   Care Provider’s Residence. The large family child day care home shall be the residence of the care provider, in compliance with Health & Safety Code Section 1596.78, as the same may be amended from time to time.

      3.   Fire Protection Systems. Mandatory fire extinguishers and smoke detector devices shall be installed and maintained in compliance with Building Code and Fire Code standards, and State law.

      4.   Location. Large family child day care homes shall be permitted in all residential zones, and shall comply with all property development standards for the respective residential zone in which they are located.

      5.   Separation.

         a.   A large family child day care home proposed within a residential zone shall not be located within a 300-foot radius of another large family child day care home, other day care facility, or group home facility, disregarding the corporate boundary of the City.

         b.   The Director may allow more than one large family child day care home within 300 feet of any another like facility specified in Subparagraph a., above, if the applicant first demonstrates one of the following to the satisfaction of the Director:

            (1)   Any existing large family child day care home located within 300 feet is at capacity; or

            (2)   The need exists for a particular or unique service not provided by an existing like facility specified in Subparagraph a. above, located within 300 feet of a proposed large family child day care home.

      6.   Parking and Drop-off/Pick-up Area.

         a.   The large family child day care home shall provide one off-street parking space for each permanent non-resident employee during business hours.

         b.   A minimum of two off-street parking spaces shall be provided as a drop-off and pick-up area. The spaces shall be in addition to those required for the dwelling unit in compliance with Chapter 10.30 (Off-Street Parking and Loading). A driveway may be used to provide the spaces, provided that the City Traffic Engineer approves the arrangement based on traffic and pedestrian safety considerations.

         c.   A passenger-loading plan shall be required to minimize noise and parking issues to the maximum extent possible.

         d.   Additional parking may be required to minimize impacts on adjacent parcels.

         e.   A facility located on a through street classified as a collector or arterial street shall provide a drop-off and pick-up area that does not require backing into the street.

      7.   Noise. In order to protect adjacent residential dwellings from noise impacts, a large family child day care home located within a residential zone may only operate a maximum of 17 hours each day between the hours of 6:00 a.m. and 11:00 p.m. and may only conduct outdoor activities between the hours of 8:00 A.M. and 8:00 P.M.

      8.   Signs. Signs shall comply with Chapter 10.34 (Signs).

      9.   Zoning Clearance Required. In compliance with the provisions specified in this Section, the applicant shall request that the Director issue a Zoning Clearance prior to the initiation or commencement of operation of the large family child day care home.

         a.   Change of Tenancy or Ownership. A new Zoning Clearance shall be obtained for a change of lessee, operator, or owner even when the change does not involve a change in the use being conducted on the subject property. The purpose of this provision is to ensure that the new lessee, operator, or owner is made aware of the Zoning Code requirements applicable to large family child day care homes.

         b.   Zoning Clearance Approval. The Director shall issue the Zoning Clearance after first determining that the request complies with all Zoning Code provisions applicable to the proposed use or structure.

         c.   Form of Approval. An approval may be in the form of a stamp, signature, a letter to the applicant, or other certification, at the discretion of the Director.

         d.   Final Decision. Decisions by the Director regarding the Zoning Clearance are final unless appealed to the Commission in compliance with Chapter 10.114 (Appeals). (Ord. 935 § 3 (part), 2015)

   A.   Purpose and Applicability. This Section provides provisions for the location and operation of small family child day care homes for eight or fewer children in compliance with State law. The provisions in this Section shall apply to small family child day care homes where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development and Design Standards) and the following standards.

   B.   State Requirements.

      1.   These provisions shall apply in addition to requirements imposed by the California Department of Social Services.

      2.   The operator of a small family child day care home shall obtain and maintain a valid license from the California Department of Social Services in compliance with California Code of Regulations, Title 22, Division 12 (Child Care Facility Licensing Requirements).

   C.   Permitted by Right. As required by State law (See Health and Safety Code Section 1597.30 et seq. (Family Day Care Homes), small family child day care homes (eight or fewer children) shall be considered a residential use of property and shall be an allowed use permitted by right within a residence located in a residential zone with no City land use permits required. (Ord. 935 § 3 (part), 2015)

   A.   Purpose and Applicability. This Section provides standards for the location and operation of child day care centers for 15 or more children in compliance with State law. The provisions in this Section shall apply to child day care centers where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development and Design Standards) and the following standards.

   B.   State Requirements. These standards shall apply in addition to requirements imposed by the California Department of Social Services.

   C.   City Standards. Day care centers shall comply with the following standards, in addition to all of the standards identified in Section 10.50.060 (Day Care - Large Family), above:

      1.   Parcel Size. The minimum parcel size for a child day care center shall be 10,000 square feet.

      2.   Separation. The minimum separation between the main assembly building of the center and a residential zone shall be 30 feet.

      3.   Play Areas and Pools.

         a.   Each facility shall have both indoor and outdoor play areas in compliance with State requirements.

         b.   An on-site outdoor play area of not less than 75 square feet per child for which the facility is licensed to accommodate, but in no case less than 450 square feet per facility, shall be required.

         c.   The outdoor play area shall not be located in the front yard area.

         d.   A minimum four-foot-high fence shall enclose an outdoor play areas and a minimum five-foot high fence shall enclose a pool.

      4.   Parking and Drop-off/Pick-up Standards.

         a.   Each facility shall provide an off-street parking space for each employee and a separate, off-street parking space for dropping-off and picking-up children.

         b.   Spaces shall comply with the design and size requirements for parking spaces identified in Chapter 10.30 (Off-Street Parking and Loading).

         c.   The design of the drop-off and pick-up area shall not require backing into any street. (Ord. 935 § 3 (part), 2015)

   A.   Purpose and Applicability. This Section provides locational and operational standards for retail trade or service uses providing drive-through and drive-up facilities which shall be designed and operated to effectively mitigate problems of congestion, excessive pavement, litter, noise, traffic, and unsightliness. The provisions in this Section shall apply to drive-through and drive-up facilities where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development and Design Standards) and the following standards.

   B.   Aisle Standards.

      1.   Drive-through aisles shall have a minimum 10-foot interior radius at curves and a minimum 12-foot width.

      2.   Each drive-through entrance/exit shall be at least 50 feet from an intersection of public rights-of-way, measured from where the two intersecting street curbs come together at the corner, and at least 25 feet from the curb cut on an adjacent property.

      3.   Each entrance to an aisle and the direction of traffic flow shall be clearly designated by signs/pavement markings.

   C.   Curbing and Landscaping Required. Each drive-through aisle shall be separated by curbing and landscaping from the circulation routes necessary for ingress or egress from the property, or access to a parking space in compliance with Chapter 10.32 (Landscaping).

   D.   Pedestrian Walkways. Pedestrian walkways should not intersect the drive-through access aisles, but where they do, they shall have clear visibility and be emphasized by enhanced paving or markings.

   E.   No Reduction in Off-street Parking. The provision of drive-through service facilities shall not justify a reduction in the number of required off-street parking spaces.

   F.   Accommodation of Waiting Vehicles. The location and design of drive-through and drive-up access aisles shall be evaluated in compliance with Chapter 10.94 (Site Plan and Design Review).

      1.   All drive-through and drive-up facilities, except restaurants. Drive-through and drive-up access aisles shall provide sufficient space to accommodate waiting vehicles.

      2.   Restaurants. Each drive-through and drive-up access aisle for restaurants shall provide sufficient space before the menu board to accommodate at least four waiting vehicles and at least four waiting vehicles between the menu board and the drive up window. The Commission may modify this standard based on specific site characteristics.

   G.   Menu and Preview Boards. Menu boards and preview boards may only be installed in compliance with all of the following requirements.

      1.   Each drive-up lane shall be allowed a menu board at the ordering device in association with the drive-up window use. The size of the menu board shall be in compliance with Section 10.34.130 (Commercial and Industrial Zones - Number of Allowed Signs and Allowable Sign Area).

      2.   Each drive-up lane shall be allowed a preview board in addition to the menu board. The size of the preview board shall be in compliance with Section 10.34.130 (Commercial and Industrial Zones - Number of Allowed Signs and Allowable Sign Area).

      3.   Approval of a menu and preview sign board shall be subject to an approval of a Sign Plan or Master Sign Program in compliance with Chapter 10.34 (Signs) before installation of any signs on the subject site.

      4.   Loud speakers associated with a menu board shall be designed, installed, and maintained (both maximum noise level and direction) to ensure compliance with the regulations specified in Municipal Code Chapter 4.34 (Noise Regulations).

      5.   All menu and preview boards shall utilize low intensity illumination.

      6.   Any proposed carhop and/or walk-up menu boards shall not exceed six square feet in area and shall be located in areas approved through the required Conditional Use Permit process in compliance with Chapter 10.34 (Signs).

   H.   Prevention of Headlight Glare. Each drive-through aisle shall be appropriately screened with a combination of landscaping, low walls, and/or berms maintained at a height of three feet to prevent headlight glare from impacting adjacent streets and parking lots.

   I.   Wall Required When Adjoining Residential Uses.

      1.   A minimum six-foot high solid decorative wall shall be constructed on each property line that adjoins a residentially zoned or occupied parcel.

      2.   The wall shall be appropriately finished on both sides.

      3.   A minimum five-foot deep landscaping strip shall be provided between the wall and any driveway in compliance with Chapter 10.32 (Landscaping).

      4.   The design of the wall and the proposed construction materials shall be subject to the review and approval of the Director. (Ord. 935 § 3 (part), 2015)

   A.   Purpose and Applicability. This Section provides locational, developmental, and operational standards for game arcades. The provisions in this Section shall apply to game arcades where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development and Design Standards) and the following standards. The applicable provisions specified in Municipal Code Chapter 5.08 shall also apply.

   B.   Prohibited in Residential Zones. Game arcades shall be prohibited in all residential zones of the City.

   C.   Locational and Operational Standards.

      1.   Separation Requirements.

         a.   No game arcade shall be located within a 300-foot radius of another game arcade or any sensitive use as defined in Article 9 (Definitions), disregarding the corporate boundary of the City, and as measured in compliance with Subparagraph b. (Measurement of Distance), below.

         b.   The distance between a game arcade and a sensitive use or another game arcade shall be made in a straight line, without regard to the intervening structures or objects, from the closest exterior wall of the structure, or a portion of the structure, in which the game arcade is located, to the property line of the parcel on which the structure, or portion of the structure, in which the sensitive use or another game arcade occurs or is located.

      2.   Containment of Game Arcade Areas. Game arcade areas shall be clearly defined and shall be totally contained within a structure.

      3.   Hours of Operation. Reasonable conditions may be imposed restricting hours of operation beyond those identified in Municipal Code Section 3.25.030, so as to protect the public health, safety, and welfare and surrounding property and uses.

      4.   Management Requirements. Game arcades shall provide full-time adult attendants or supervisors, 21 years of age or older, at a ratio of one attendant/supervisor for each 10 machines, plus one security guard for each 20 machines or fraction thereof or as otherwise directed by the Los Angeles County Sheriff’s Department.

      5.   Reasonable Conditions. Reasonable conditions pertaining to both the construction of the facility and its maintenance shall be considered in order to minimize the effect of congregation, noise, parking, and other factors generated by the use, which may be detrimental to the public health, safety, and welfare of the surrounding community.

      6.   Adult Business Activities Are Prohibited. Adult business activities and/or uses are prohibited, unless specifically approved in compliance with the requirements of Chapter 10.62 (Adult Businesses).

      7.   Adequate Lighting Required. Adequate lighting shall be maintained inside the business and parking areas. An interior and exterior lighting plan shall be reviewed and approved by the Director before occupancy.

      8.   Window Treatment Restrictions. No window treatment(s) shall be installed or maintained that would prohibit the view of the interior during normal business hours.

      9.   Minors Utilizing the Facilities. Minors shall be accompanied by a parent or legal guardian after 10:00 p.m. and may not enter the facility during those times as the school district in which the facility is located is conducting its regular education program. These hours of operation shall be posted in a conspicuous place to the satisfaction of the Director.

      10.   Proof of Age Requirements. Patrons who appear under the age of 21 shall present proper identification to verify their age before using the facility, unless they are accompanied by a parent or legal guardian. Notice of this prohibition shall be posted at the entrance to the satisfaction of the Director.

      11.   Waiting and Seating Area Requirements. Establishments with internet access consisting of 25 percent or more of the gross floor area shall provide a waiting area with seating equal to one seat for every four computer stations.

         a.   No waiting list may be maintained beyond the seating capacity of the waiting area.

         b.   No outside waiting (loitering) or seating area shall be allowed and signs shall be posted stating this prohibition to the satisfaction of the Director.

      12.   Vehicle and Bicycle Parking Space Requirements

Vehicle and bicycle parking space and design requirements shall be in compliance with Chapter 10.30 (Off-Street Parking and Loading).

      13.   Floor Plan Approval from the Los Angeles County Fire Department Required. The applicant shall submit and receive an approved floor plan from the Los Angeles County Fire Department.

      14.   Security Plan Required. A security plan shall be subject to the review and approval of the Los Angeles County Sheriff’s Department.

      15.   Security Measure Requirements.

         a.   Security measures may include, but are not limited to additional security guards, background investigations of the business applicants, and surveillance video equipment.

         b.   The provisions specified in Municipal Code Section 5.08.020 (e.g., fingerprinting requirement for background checks) shall also apply. (Ord. 935 § 3 (part), 2015)

   A.   Purpose and Applicability. This Section provides locational, developmental, and operational standards for the conduct of home occupations. The provisions in this Section shall apply to home occupations where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development and Design Standards) and the following standards.

   B.   Business Permit Required. The operator of the home occupation shall have first received a Business Permit issued in compliance with Municipal Code Chapter 5.08 (Business and Occupation Permits).

   C.   Compliance Required. All home occupations shall comply with the applicable locational, developmental, and operational standards identified in this Section.

   D.   City Standards. Each home occupation shall comply with all of the following standards.

      1.   Only the permanent resident(s) of the subject dwelling shall be employed on the premises in the conduct of a home occupation.

      2.   Except as provided for in Subparagraph 8., below, the home occupation shall be conducted within a dwelling and shall be clearly incidental to the use of the structure as a dwelling.

      3.   There shall be no direct on-site sale of products, either wholesale or retail.

      4.   Maintenance of associated tools and equipment shall take place out of public view and shall not be in violation of NPDES or the City’s Noise Ordinance standards, and not disrupt the residential neighborhood.

      5.   The use shall not generate pedestrian or vehicular visits or traffic beyond that determined by the Director to be normal for the zone or neighborhood in which it is located.

      6.   A list of the type, quantity, and concentration of all hazardous materials and hazardous substances, as defined by the California Health and Safety Code, utilized in conjunction with a home occupation shall be provided to the Fire Department and Building Department. No quantity or concentration of these materials beyond what is allowed by the Los Angeles Fire Code or Building Code for residential structures shall be allowed.

      7.   There shall be no signs related to the home occupation visible outside of the dwelling.

      8.   Not more than one room or the equivalent of 20 percent of the floor area of the entire dwelling unit, whichever is greater, shall be employed for the home occupation. Use of the garage or carport is allowed; provided, that all required vehicle storage is maintained in compliance with this Zoning Code (at least two parking spaces shall be continually maintained for parking purposes), and the garage doors shall be closed at all times when not in use.

      9.   The appearance of the dwelling or any accessory structure shall not be altered so that the dwelling may be reasonably recognized as serving a nonresidential use (either by color, construction, dust, hours of operation, materials, odors, lighting, noise, sounds, vibrations, etc. or that disturbs the peace). The existence of a home occupation shall not be apparent beyond the boundaries of the subject site.

      10.   There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes as defined in the zone.

      11.   Visitation and deliveries incidental to the home occupation shall be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday, 9:00 a.m. to 5:00 p.m., on Saturdays and Sundays.

      12.   Only one vehicle, in addition to the other vehicles registered to the occupant(s), owned or leased by the operator of the home occupation, which does not exceed an unladen weight of 6,000 pounds may be used by the occupant(s) directly or indirectly in connection with a home occupation.

      13.   Other than that specified in Subparagraph 12., above, the home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential usage, except for FedEx, UPS, or USPS-type home deliveries/pick-ups.

      14.   Trailers used in conjunction with the home occupation shall be stored within an entirely enclosed garage or in the side or rear setback area, behind a five to six-foot high solid fence or wall.

      15.   No waste receptacles contrary to those provided by the City’s waste franchisee for the subject residential property shall be maintained on the premises.

      16.   Only one home occupation may be allowed in any dwelling.

      17.   All home occupations shall be subject to an annual inspection to ensure compliance with the requirements of this Section.

      18.   All pre-existing home occupations shall conform to all applicable Zoning Code requirements before or upon renewal of the annual Business Permit.

      19.   All Cottage Food Operations (i.e., an enterprise at a private home where low-risk food products are prepared and/or packaged for sale to consumers), conducted as a home occupation, shall be operated in compliance with the applicable provisions of this Section and Government Code Section 51035. (Ord. 935 § 3 (part), 2015)

   A.   Purpose and Applicability. This Section provides locational and operational standards for religious assembly uses, only when located in a residential zone. The provisions in this Section shall apply to religious assembly uses located in residential zones where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development and Design Standards).

   B.   City Standards. Except as specified in this Section, the premises on which a religious assembly use is located shall comply with the regulations and restrictions applicable to the residential zone in which it is located. Additionally, all new religious assembly uses allowed within residential zones shall comply with all of the following standards.

      1.   Parcel Size. The minimum parcel size shall be one acre or 43,560 square feet.

      2.   Location. A religious assembly use shall have frontage on a site with a minimum of two separate access points to secondary or larger roadways as designated in the City’s General Plan.

      3.   Separation - On-Site. The main assembly hall and all other on-site structures shall be separated from the nearest parcel used for residential purposes by a minimum of 25 feet.

      4.   Circulation.

         a.   The location of the religious assembly use and the on-site improvements shall provide for safe and efficient pedestrian and vehicular circulation.

         b.   Vehicular access shall be provided in compliance with Subparagraph 2. (Location), above.

         c.   The applicable review authority may require the presence of one or more parking attendants and/or police officers to ensure the safe operation of parking facilities, pedestrian circulation, and traffic circulation on the public right-of-way.

      5.   Hours of Operation. The applicable review authority shall determine the allowable hours of operation for a religious assembly use, taking into consideration appropriate factors that include but are not limited to: size of the proposed facility, number of anticipated regular members, number and scope of the specific activities to be conducted on the site, the circulation pattern of the adjoining residential neighborhood, potential vehicular and pedestrian congestion, and proximity to adjoining residences.

      6.   Noise.

         a.   Regardless of the decibel level and taking into consideration the noise levels generated by religious assembly uses, all noise generated from a religious assembly use shall not unreasonably offend the senses or obstruct the free use and comfortable enjoyment of neighboring properties.

         b.   Mitigation measures may be required to minimize noise impacts (e.g., approved location of parking and loading areas, the provision of sound attenuation barriers, etc.).

         c.   All noise generated from a religious assembly use shall be in compliance with Municipal Code Chapter 4.34 (Noise Regulations).

      7.   Overconcentration. A religious assembly use shall not be located within a 300-foot radius of another existing religious assembly use, disregarding the corporate boundary of the City, unless the applicable review authority grants an exception. The review authority, in granting an exception,shall first find that the proposed concentration will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing in the neighborhood of the proposed use.

      8.   Parking.

         a.   Parking and loading requirements shall be in compliance with Chapter 10.30 (Off-Street Parking and Loading).

         b.   Parking shall not be allowed within required front or street-side setback areas.

         c.   An area for the safe and acceptable means of drop-off and pick-up of persons using the religious assembly facility shall be provided.

      9.   Signs. Signs shall be in compliance with the requirements of Chapter 10.34 (Signs).

      10.   Wall Required. A six-foot high solid decorative masonry wall shall be constructed and properly maintained along all property lines abutting residential zones, except in the front setback area or within a corner cutoff intersection area, in compliance with the requirements of Chapter 10.28 (Fences, Hedges, and Walls).

      11.   Site Plan and Design Review Required. A detailed site plan and architectural elevations shall be subject to the approval of a Site Plan and Design Review in compliance with Chapter 10.94 (Site Plan and Design Review). (Ord. 935 § 3 (part), 2015)

   A.   Purpose and Applicability. This Section serves to prohibit public dancing operations within any of the residential zones of the City.

   B.   Public Dancing Prohibited.

      1.   The advertising, conducting, holding, participating in, or promoting any entertainment or public dance within any of the residential zones of the City is prohibited.

      2.   The provisions of this Section shall not apply to bona fide charitable institutions, religious assembly uses, political organizations, public structures, and schools.

      3.   Local law enforcement officers shall enforce the provisions of this Section.

   C.   Definitions. For purposes of this Section, the following terms shall have the following meanings.

      1.   Bona Fide Charitable Institution. Bona fide charitable institution means and includes those institutions or organizations which qualify for a tax exempt certificate in compliance with State Revenue and Taxation Code Section 23701d.

      2.   Bona Fide Political Organization. Bona fide political organization means and includes any political organizations which qualify for a tax exempt certificate in compliance with State Revenue and Taxation Code Section 23701r, or any political group, organization, or person whose activities or proceeds are used exclusively for the benefit of a political candidate or issue, and which activities do not include dancing.

      3.   Entertainment. Entertainment means and includes any activity allowed, engaged in, or planned to occur for the purpose of or resulting in the attracting, entertaining, pleasing, or retaining customers or patrons, and shall specifically include, but not be limited to, the playing of any musical instrument by any human being, the playing of discs, records, tapes, or other musical reproduction devices, or performing the functions of a disc jockey.

      4.   Private Dance. Private dance means any dance conducted by the persons legally residing in a private residence for themselves, their immediate family, relatives, and guests, and which is not for profit or a commercial purpose, and to which the public is not admitted or allowed to participate, and to which the public is not invited or solicited by any form or invitation or advertisement, and for which no admission is required, or accepted and for which no collection, consideration, contribution, offering, or anything of value is accepted, requested, or required for admission or participation.

      5.   Public Dance. Public dance means any dance other than a private dance (see Private dance, above). (Ord. 935 § 3 (part), 2015)

   A.   Purpose and Applicability. This Section provides locational, developmental, and operational standards for various types and sizes of recycling facilities (e.g., reverse vending machine(s), small collection facilities, and large collection facilities). The provisions in this Section shall apply to recycling facilities where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development and Design Standards) and the following standards.

   B.   Permit Requirements. Recycling facilities are subject to permit review/approval in compliance with Article 2 (Zones, Allowable Uses, and Development and Design Standards); provided, the following standards are met.

   C.   Locational, Developmental, and Operational Standards. Recycling facilities shall comply with the following standards.

      1.   Reverse Vending Machine(s). Reverse vending machine(s) shall be allowed in compliance with all of the following standards.

         a.   The machines shall be installed as an accessory use in compliance with the applicable provisions of this Zoning Code, and shall not require additional parking.

         b.   If located inside of a structure, the machines shall be within 30 feet of the entrance and shall not obstruct pedestrian circulation.

         c.   If located outside of a structure, the machines shall not occupy or block required parking spaces or drive aisles, shall be constructed of durable waterproof and rustproof material(s), and shall be appropriately screened from view from the public right-of-way, subject to the approval of the Director.

         d.   The machine(s) shall be set back at least 20 feet from any property line, and not obstruct vehicular circulation or pedestrian access in compliance with Americans with Disability (ADA) regulations.

         e.   The machines shall not exceed a floor or ground area of 50 square feet total, including any protective enclosure, nor eight feet in height.

         f.   The machines shall have a maximum sign area of four square feet for each machine, exclusive of operating instructions.

         g.   The machines shall have operating hours which are consistent with the operating hours of the primary use.

         h.   The area in front of the machines shall be illuminated to ensure comfortable and safe operation, if operating hours are between dusk and dawn.

      2.   Small Collection Facilities (Up to 350 square feet in size). Small collection facilities shall be allowed in compliance with all of the following standards.

         a.   The facility shall not exceed a floor or ground area of 350 square feet nor one parking space, not including space that would be periodically needed for the removal of materials or exchange of containers.

         b.   The facility shall not use power-driven processing equipment, except for reverse vending machines.

         c.   The facility shall not be located within 50 feet of any parcel zoned or occupied for residential use.

         d.   The facility shall be set back at least 10 feet from any property line, and not obstruct vehicular or pedestrian circulation.

         e.   The facility shall accept only glass, metal, or plastic containers, paper, and reusable items.

         f.   The facility shall use containers that are constructed with durable waterproof and rustproof material(s), secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule.

         g.   Collection containers and site fencing shall be of a color and design that would be compatible and harmonious with the character of their location.

         h.   Signs may be provided as follows:

            (1)   Recycling facilities may have identification signs with a maximum area of 15 percent for each side of the structure or 12 square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container.

            (2)   Signs shall be both compatible and harmonious with the character of their location.

            (3)   Directional signs without advertising messages may be installed with the approval of the Director.

         i.   Additional parking spaces shall not be required for customers of a small collection facility located in the established parking lot of the primary use.

         j.   Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.

         k.   Use of parking spaces by the patrons and the attendant shall not reduce available parking spaces below the minimum number required for the primary use, unless the Director determines that existing capacity is not fully utilized during the time the recycling facility would be on the site.

      3.   Large Collection Facilities (Greater than 350 square feet in size). Large collection facilities, which are larger than 350 square feet of floor or ground area, or located on a separate parcel not accessory to a primary use, are allowed in compliance with Article 2 (Zones, Allowable Uses, and Development and Design Standards), subject to Site Plan and Design Review, in compliance with Chapter 10.94 and all of the following standards:

         a.   The facility shall not abut a parcel zoned or occupied for residential use.

         b.   The facility shall be screened from public rights-of-way, by eight-foot high solid decorative masonry walls or located within an enclosed structure.

         c.   Structure setbacks and landscaping shall be provided as required for the applicable zone.

         d.   Exterior storage of material shall be in sturdy containers that are secured and maintained in good condition.

         e.   The site shall be maintained clean, sanitary, and free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis.

         f.   Containers provided for “after hours” donation of recyclable materials shall be permanently located at least 100 feet from any parcel zoned or occupied for residential use, constructed of sturdy, rustproof material(s), have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of materials.

         g.   Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels. (Ord. 935 § 3 (part), 2015)

   A.   Purpose and Applicability. This Section provides operational standards for retail secondhand stores. The provisions in this Section shall apply to retail secondhand stores where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development and Design Standards) and the following standards.

   B.   City Standards. Except as specified in this Section, the premises on which a retail secondhand store is located shall comply with the regulations and restrictions applicable to the zone in which it is located.

      1.   Design Quality. A proposed retail secondhand store shall be of an architectural and visual quality and character that harmonizes with, or where appropriate, enhances the surrounding area.

      2.   Store Front Appearance. The store front of a retail secondhand store shall not be distinguishable from a store selling new merchandise other than by signs and merchandise displayed.

      3.   Display of Merchandise for Sale. All merchandise shall be displayed in a similar manner to that of a store selling new merchandise.

      4.   Completely Enclosed Structure. All available merchandise shall be displayed, sold, and stored within a completely enclosed structure.

      5.   Business Permit Required. A retail secondhand store shall receive and maintain a valid City Business Permit issued in compliance with Municipal Code Chapter 5.08 (Business and Occupation Permits). (Ord. 935 § 3 (part), 2015)

   A.   Purpose and Applicability. This Section provides locational and operational standards for retail automotive service stations. The provisions in this Section shall apply to retail automotive service stations where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development and Design Standards) and the following standards.

   B.   City Standards. Except as specified in this Section, the premises on which a retail automotive service station use is located shall comply with the regulations and restrictions applicable to the zone in which it is located.

      1.   Parcel Size. The minimum parcel size shall be 16,000 square feet.

      2.   Minimum Street Frontage. The minimum street frontage shall be 120 feet. If located on a corner, at least one street frontage shall measure 120 feet.

      3.   Allowed Uses. The primary use of land allowed shall be the dispensing of motor fuels, lubricants, and oils, vehicle recharging, and the exchange of motor vehicle parts in kind. Limited vehicle/equipment repair shall be limited to the hours of 7:00 a.m. to 7:00 p.m., daily.

      4.   Prohibited Uses.

         a.   Activities involving automobile and/or truck body painting and/or general vehicle/equipment repair (as defined in Article 9 [Definitions]) shall not be allowed.

         b.   Products and/or merchandise, excluding service station equipment, stored outside of any structure shall not be allowed.

      5.   Sale of Alcoholic Beverages. The sale of alcoholic beverages and/or other items unrelated to the operation of motor vehicles are only allowed subject to the approval of a Conditional Use Permit in compliance with Chapter 10.84 (Conditional Use Permits and Minor Use Permits).

      6.   Within Enclosed Structure(s). All operations, except services rendered directly to the occupant of a motor vehicle (e.g., airing of tires, pumping of fuel), shall be conducted in an entirely enclosed structure.

      7.   Restroom Facilities. The restroom facility entrances shall be completely screened from public view.

      8.   Off-Street Parking Requirements. Off-street parking spaces shall be provided in compliance with Chapter 10.30 (Off-Street Parking and Loading).

      9.   Landscaping Requirements. A minimum of 10 percent of the total project site shall be adequately landscaped in compliance with Chapter 10.32 (Landscaping).

      10.   Mechanical Equipment Screening Requirements. All exterior mechanical equipment, except for the fuel pumps, shall be properly screened from public view to the satisfaction of the Director.

      11.   Solid Waste and Recyclable Storage Areas.

         a.   At least 72 square feet of solid waste and recyclable storage area(s) shall be provided.

         b.   The solid waste and recyclable storage area(s) shall be properly enclosed to the satisfaction of the Director.

      12.   On-site Lighting. Adequate on-site lighting shall be provided in compliance with Section 10.38.080 (Outdoor Light and Glare).

      13.   Mixed Uses. In the case of mixed uses/occupancies or uses of a business premises:

         a.   The applicable review authority may allow mixed uses/occupancies with retail automotive service stations as specifically allowed in the conditions of approval of the Conditional Use Permit or Minor Use Permit; provided, the added use(s) are allowed in the subject zone.

         b.   The total number of off-street parking spaces shall be the sum total required for the various uses computed separately, in compliance with Chapter 10.30 (Off-Street Parking and Loading). Spaces located adjacent to fuel pumps shall not be counted toward meeting the off-street parking requirements.

         c.   It shall first be adequately demonstrated that each approved use/occupancy meets the applicable development standards and will not interfere with the independent operation of other occupancies or use(s) of land on the subject site. (Ord. 935 § 3 (part), 2015)

   A.   Purpose and Applicability. This Section provides location and operational standards for smoke shops, including those selling e-cigarettes. The provisions in this Section shall apply to smoke shops where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development and Design Standards) and the following standards.

   B.   Applicable Provisions and Prohibitions.

      1.   Prohibited Locations. No smoke shop shall be located within an 800-foot radius of another smoke shop or any sensitive use as defined in Article 9 (Definitions), disregarding the corporate boundary of the City, and as measured in compliance with Subparagraph 2 (Measurement of distance), below.

      2.   Measurement of Distance. The distance between a smoke shop and a sensitive use or another smoke shop shall be made in a straight line, without regard to the intervening structures or objects, from the closest exterior wall of the structure, or a portion of the structure, in which the smoke shop is located, to the property line of the parcel on which the structure, or portion of the structure, in which the sensitive use or another smoke shop occurs or is located.

      3.   Accessory Use. A smoke shop is not and shall not be approved as an accessory use to any other use allowed in compliance with Article 2 (Zones, Allowable Uses, and Development and Design Standards). (Ord. 935 § 3 (part), 2015)

   A.   Purpose and Applicability.

      1.   This Section provides standards for tattoo and body piercing establishments. The provisions in this Section shall apply to tattoo and body piercing establishments where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development and Design Standards) and the following standards. To promote the public health, safety and welfare and to ensure the appropriate mix of land uses within the City, it is appropriate to establish land use and zoning regulations, as well as locational, developmental, and operational standards and regulations for tattoo and body piercing establishments.

      2.   Extreme body modification may pose serious negative health risks and complications including bleeding, infections, toxic shock syndrome, meningitis, and staph infections. Moreover, amongst adolescents, tattooing has been associated with delinquency, substance abuse, engagement in risk-taking behavior, and may contribute to youth dropping out of school. The time place and manner restrictions specified in this Section, assist in mitigating the negative secondary effects associated with tattoo and body piercing establishments.

   B.   Definitions. The following words and phrases shall have the same meanings as specified in California Health and Safety Code Section 119300 et seq. as the same may be amended from time to time, and whenever used in this Section shall be construed as defined in this Section:

      1.   Body piercing. Body piercing means and includes the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration. This includes, but is not limited to, piercing of an ear, lip, tongue, nose, or eyebrow. Body piercing does not include piercing an ear with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.

      2.   Body piercing establishment or parlor. Body piercing establishment or parlor means and includes any establishment where body piercing is conducted.

      3.   Branding. Branding means and includes any method, including, but not limited to, the use of heat, cold, chemical compound, or cauterizing to apply a scar to the body for the purpose of creating a permanent mark or design on the skin.

      4.   Extreme body modification. Extreme body modification means and includes the practice of modifying the physical body using the techniques of branding and scarification.

      5.   Permanent cosmetics. Permanent cosmetics means and includes the application of pigments to or under the skin of a human being for the purpose of permanently changing the color or appearance of the skin. This includes, but is not limited to, permanent eyeliner, eye shadow, or lip color.

      6.   Scarification. Scarification means and includes any method used to alter skin texture by cutting the skin and controlling the body's healing process in order to produce wounds which result in permanently raised welts or bumps, or any other technique that changes the contour, or level plane of the skin and/or results in a scar on the skin.

      7.   Tattooing. Tattooing means and includes to insert pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, to produce an indelible mark or figure visible through the skin.

      8.   Tattoo establishment or parlor. Tattoo establishment or parlor means and includes any establishment where tattooing is conducted.

   C.   Extreme Body Modification Services Prohibited. Business enterprises which engage in the performance of extreme body modification services, as defined in this Section, are prohibited in all zones throughout the City. No permit or any other applicable license or entitlement for use, including but not limited to the issuance of a Business License, shall be approved or issued for the establishment, maintenance, or operation of any business enterprise that engages in the performance of extreme body modification services within the City limits. The establishment, maintenance, or operation of any business enterprise which conducts extreme body modification services within the City limits is declared to be a public nuisance.

   D.   Separation Requirements.

      1.   A tattoo and body piercing establishments shall not be located within an 800-foot radius of another tattoo and body piercing establishment or any sensitive use as defined in Article 9 (Definitions), disregarding the corporate boundary of the City.

      2.   The distance between a tattoo and body piercing establishment and a sensitive use or another tattoo and body piercing establishment shall be made in a straight line, without regard to the intervening structures or objects, from the closest exterior wall of the structure, or a portion of the structure, in which the tattoo and body piercing establishment is located, to the property line of the parcel on which the structure, or portion of the structure, in which the sensitive use or another tattoo and body piercing establishment occurs or is located.

   E.   Prohibited Hours. A tattoo and body piercing establishments shall not operate between the hours of 10:00 p.m. and 7:00 A.M. each and every day.

   F.   Minors Prohibited. The tattoo and body piercing establishment operator shall not allow minors to patronize the business, unless accompanied by an adult.

   G.   Alcoholic Beverage Use and Smoking Prohibited.

      1.   No person shall be permitted to smoke or consume alcoholic beverages on the inside of a tattoo and body piercing establishment. The sale of cigarettes and alcohol on the premises is prohibited. No intoxicated or disorderly persons shall be allowed to remain on the premises.

      2.   Signs shall be posted stating this prohibition to the satisfaction of the Director.

   H.   Security Plan Required. The business operator shall submit a security plan which shall be subject to the review and approval of the Director.

   I.   Compliance with State and County Laws and Licensing Requirements Required. Full compliance with all applicable State and County laws and licensing requirements is required. (Ord. 935 § 3 (part), 2015)

   A.   Purpose and Applicability. This Section provides location, developmental, and operational standards for the conduct of motor vehicle sales facilities. The provisions in this Section shall apply to vehicle sales facilities where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development and Design Standards).

   B.   City Standards. All vehicle sales facilities shall comply with all of the following standards.

      1.   Minimum Parcel Size Required. Newly established vehicle sales facilities shall require a minimum parcel size of 16,000 square feet.

      2.   Permanent Sales Structures Required.

         a.   All vehicle sales transactions, except for outdoor sales and displays, shall be conducted in permanent structures only.

         b.   All on-site structures shall be architecturally consistent on all sides and architecturally related to each other.

         c.   Showrooms shall be oriented toward major public streets.

         d.   No portable/mobile structures shall be used for the vehicle sales office/facility.

      3.   Accessory Activities.

         a.   All parts, accessories, etc., shall be stored within a fully enclosed structure(s).

         b.   All repair or installation activities (if proposed and allowed) shall be conducted between the hours of 7:00 a.m. and 7:00 p.m. daily.

         c.   Motor vehicle repair or service work (if proposed and allowed) shall not occur outside of a fully enclosed and properly designed and constructed structure.

         d.   Service bays (if proposed and allowed) with individual access from the exterior of the structure shall not directly face or front on a public right-of-way and shall be designed to minimize the visual intrusion onto adjoining properties.

         e.   Outdoor hoists shall be prohibited.

         f.   An adequate on site queuing area for service customers (if proposed and allowed) shall be provided. Required off-street parking spaces may not be counted as queuing spaces.

         g.   Outside storage or parking of any disabled, wrecked, or partially dismantled vehicle (if proposed and allowed) shall only be allowed in an approved area(s) enclosed by solid decorative walls and screened from view from adjacent properties and public streets, subject to the approval of the Director.

         h.   All outside equipment storage areas (if proposed and allowed) shall be screened from view from the public street and any adjacent residential area.

         i.   Public address systems shall not be used in outdoor areas. Cell phones and/or personal paging devices can be used if it necessary to contact employees outdoors.

         j.   Compressors and similar equipment (if proposed and allowed) shall be located within a fully enclosed structure.

      4.   Off-Street Parking Required.

         a.   Off-street parking requirements shall be established during initial project review to adequately accommodate all on-site uses including showroom, office, parts and service areas (if proposed and allowed), as well as employee and customer parking.

         b.   Sufficient space shall be provided for service drop-offs (if proposed and allowed) to prevent stacking of waiting vehicles onto a public street.

         c.   All off-street parking shall be designed, constructed, and operated in compliance with Chapter 10.30 (Off-Street Parking and Loading).

      5.   Outdoor Vehicle Displays. All outdoor vehicle display areas shall be provided with a landscaped buffer of at least five feet in width located adjacent to the front setback/right-of-way.

      6.   Outdoor Vehicle Storage.

         a.   For purposes of this Section, “vehicle storage” is defined as the keeping of vehicles in an area not normally accessible to customers except with the authorization and/or accompaniment of facility employees.

         b.   All storage areas shall be completely screened from public view with a combination of landscaping, trellises, and walls as appropriate, subject to the approval of the Director.

      7.   Lighting.

         a.   Night lighting shall be limited to signs, outdoor vehicle sales displays, the indoor showroom, and incidental security lighting.

         b.   All on-site lighting shall be in compliance with Section 10.38.080 (Outdoor Light and Glare).

      8.   Paved Surfaces Required.

         a.   All vehicles associated with the business shall be displayed, parked, or stored on-site on paved surfaces only and not in adjoining streets or alleys.

         b.   Auxiliary off-site storage of vehicles (if proposed and allowed) shall only be at appropriate locations with appropriate paving and screening, subject to the approval of the Director.

      9.   Loading/Unloading of Vehicles. All loading and unloading of vehicles shall occur on site and not in adjoining public rights-of-way.

      10.   Perimeter Landscaping Required.

         a.   A landscaped planter at least five-feet wide in inside dimension shall be provided along the front and street side property lines, except for openings required for vehicular and pedestrian circulation. On corner parcels, an on-site planter area of not less than 200 square feet shall be provided at the corner of two intersecting streets.

         b.   Landscaping shall comprise a minimum of 10 percent of the entire site area. This landscaping is in addition to the required residential buffers and street frontage landscaping.

         c.   Wherever a vehicle sales facility is located adjacent to a residential zone or use, a solid decorative screening wall at least seven feet in height shall be provided.

         d.   All landscaping shall be installed and permanently maintained in compliance with Chapter 10.32 (Landscaping).

      11.   On-Site Master Sign Program Required.

         a.   All allowed on-site signs shall require the review and approval of a Master Sign Program in compliance with Chapter 10.34 (Signs).

         b.   All permanent signs shall be designed, installed, and permanently maintained in compliance with Chapter 10.34 (Signs).

         c.   All temporary signs shall be designed, installed, and properly maintained in compliance with Section 10.34.150 (Temporary Signs).

      12.   On-Site Fence/Wall Standards.

         a.   Fences and walls shall be architecturally compatible with the on-site structures.

         b.   All fences and walls shall be designed, constructed, and permanently maintained in compliance with Chapter 10.28 (Fences, Hedges, and Walls). (Ord. 935 § 3 (part), 2015)

   A.   Purpose and Intent.

      1.   The purpose of this Section is to regulate the installation, operation, and maintenance of personal Wireless Communications Facilities in the City. The City recognizes that the unrestricted installation of redundant personal Wireless Communications Facilities is contrary to the City’s efforts to stabilize economic and social aspects of neighborhood environments, and to promote safety and aesthetic considerations, family environments, and a basic residential character within the City in enacting this Section, the City intends to:

         a.   Promote and protect the health, safety, comfort, convenience and general welfare of residents and business in compliance with this Zoning Code;

         b.   Protect the benefits derived by the City, its residents, and the general public from access to personal wireless services while minimizing, to the greatest extent feasible, the redundancy of personal Wireless Communications Facilities in the City;

         c.   Balance these goals by permitting the installation and operation of personal Wireless Communications Facilities where they are needed, while reducing, to the greatest extent feasible, adverse economic, safety, and/or aesthetic impacts on nearby properties and the community as a whole; and

         d.   Comply with applicable law, including the 1996 Telecommunications Act.

      2.   In enacting this Section, it is the intent of the Council that no additional rights or entitlements be conferred to construct or maintain personal Wireless Communications Facilities, other than those rights or entitlements existing under applicable State or Federal law.

      3.   This Section is intended to regulate all uses of wireless communications in the City, including uses by public utilities, to the extent of the City’s power to regulate the use of land under State or Federal law, but not to exceed the scope of the City’s authority.

   B.   Applicability. This Section applies to all proposed antennas and modifications and related personal Wireless Communications Facilities, as follows:

      1.   All applications for approval of the installation of new personal Wireless Communications Facilities in the City.

      2.   All facilities for which applications were received by the Director but not approved prior to the effective date of the ordinance codifying this Section, shall comply with the regulations and guidelines of this Section.

      3.   All facilities for which applications were approved by the City on or prior to the effective date of the ordinance codifying this Section shall be exempt from this Section, except for the requirements of Subparagraph C.6.c.

      All facilities for which applications have been previously approved, but are now or hereafter:

         a.   Expanded;

         b.   Modified by the installation of additional antennas, larger antennas or more powerful antennas; or

         c.   When one or more new bands of service are activated shall comply with this Section.

   C.   Standards for All Personal Wireless Communications Facilities. All personal Wireless Communications Facilities shall comply with the following requirements:

      1.   Permit Requirements. No personal Wireless Communications Facility shall be installed, expanded, modified by the installation of additional antennas, larger antennas or more powerful antennas, or when one or more new bands of service are activated, until the applicant or operator has obtained:

         a.   The required permits or other City authorizations,

         b.   An Encroachment Permit from the Public Works Department (if applicable), and

         c.   Any other permit required by the Municipal Code including a Building Permit or Electrical Permit. Applications for new facilities and substantial modifications to existing facilities shall be first reviewed by the Director. All discretionary permits will be scheduled for public hearing in compliance with this Section. The applicable Review Authority shall determine if a proposed project is the least intrusive means to close a significant gap in the applicant's service coverage.

      2.   Application Content. Applications for the approval of personal Wireless Communications Facilities shall include, but are not necessarily limited to, an application fee and the following information, in addition to all other information required by the City for a discretionary permits or authorizations application in compliance with Chapter 10.82 (Permit Application Filing and Processing):

         a.   Written documentation demonstrating a good faith effort to locate the proposed facility in the least intrusive location in compliance with the location requirements of Subparagraph C.3., below;

         b.   Scaled visual simulations showing the proposed facility superimposed on photographs of the site and surroundings, to assist the applicable review authority in assessing the visual impacts of the proposed facility and its compliance with the provisions of this Section;

         c.   A master plan which identifies the location of the proposed facility in relation to all existing and potential facilities maintained by the operator intended to serve the City. The master plan shall reflect all potential locations that are reasonably anticipated for construction within two years of submittal of the application. Applicants may not file, and the City shall not accept, applications that are not consistent with the master plan for a period of two years from approval of applicable discretionary permit or authorization unless: (i) the applicant demonstrates materially changed conditions which could not have been reasonably anticipated to justify the need for a personal Wireless Communications Facility site not shown on a master plan submitted to the City within the prior two years or (ii) the applicant establishes before the applicable review authority that a new personal Wireless Communications Facility is necessary to close a significant gap in the applicant's personal Communications service, and the proposed new installation is the least intrusive means to do so;

         d.   A siting analysis which identifies a minimum of five other feasible locations within or without the City which could serve the area intended to be served by the facility, unless the applicant provides compelling technical reasons for providing fewer than the minimum. The alternative site analysis shall include at least one collocation site;

         e.   An affirmation, under penalty of perjury, that the proposed installation will be FCC compliant, in that it will not cause members of the general public to be exposed to RF levels that exceed the MPE levels deemed safe by the FCC. A copy of the fully completed FCC form “A Local Government Official’s Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance: Appendix A” titled “Operational Checklist for Determination of Whether a Facility is Categorically Excluded” for each frequency band of RF emissions to be transmitted from the proposed facility upon the approval of the application. All planned radio frequency emissions on all frequency bands shall be shown on the Appendix A form(s) attached to the application. All planned radio frequency emissions are to be entered on each Appendix A form only in wattage units of “effective radiated power;”

         f.   A statement signed by a person with legal authority to bind the applicant attesting under penalty of perjury to the accuracy of the information provided in the application;

         g.   A noise study, prepared by a qualified engineer, for the proposed personal Wireless Communications Facility including, but not limited to, equipment (i.e., air conditioning units and back-up generators);

         h.   A written statement of the applicant’s willingness to allow other carriers to collocate on the proposed personal Wireless Communications Facility wherever technically and economically feasible and aesthetically desirable;

         i.   Other information as the Director shall establish from time to time in compliance with the Permit Streamlining Act, Government Code Section 65940, or to respond to changes in law or technology; and

         j.   An application for a personal Wireless Communications Facility in a public right-of-way for which the applicant claims entitlement under California Public Utilities Code Section 7901 shall be accompanied by evidence satisfactory to the Director that the applicant is a telephone corporation or has written authorization to act as an agent for a telephone corporation.

      3.   Preferred Zones and Locations. When doing so would not conflict with one of the standards specified in this Subsection or with Federal law, personal Wireless Communications Facilities shall be located in the most appropriate location as described in this Subparagraph, which range from the most appropriate to the least appropriate. Nothing in this Section shall detract from the requirements of Subparagraph C.4.a., below.

         a.   Collocation on an existing facility in a commercial zone;

         b.   Collocation on an existing structure or utility pole in a commercial zone;

         c.   Location on a new structure in a commercial zone;

         d.   Collocation on an existing facility in a public facility or recreation zone;

         e.   Location on an existing structure or utility pole in a public facility or recreation zone; or

         f.   Location on a new structure in a public facility or recreation zone.

   No new facility may be placed in a less appropriate area unless the applicant demonstrates to the satisfaction of the applicable Review Authority that no more appropriate location can feasibly serve the area the facility is intended to serve provided, however, that the applicable review authority may authorize a facility to be established in a less appropriate location if doing so is necessary to prevent substantial aesthetic impacts.

      4.   Design and Development Standards. Personal Wireless Communications Facilities shall be designed and maintained as follows:

         a.   All new personal Wireless Communications Facilities shall be set back at least 1,000 feet from schools, dwelling units, and parks, as measured from the closest point of the personal Wireless Communications Facility (including accessory equipment) to the applicable property line, unless an applicant establishes that a lesser setback is necessary to close a significant gap in the applicant's personal Communications service, and the proposed personal Wireless Communications Facility is the least intrusive means to do so. An applicant who seeks to increase the height of an existing personal Wireless Communications Facility, or of its antennas, located less than 1,000 feet from a school, dwelling unit, or park shall establish that the increase is necessary to close a significant gap in the applicant’s personal Communications service, and the proposed increase is the least intrusive means to do so.

         b.   Facilities shall have subdued colors and non-reflective materials which blend with the materials and colors of the surrounding area and structures.

         c.   Unless otherwise prohibited by State or Federal law, all equipment not located on a roof shall be underground; any equipment that is not undergrounded shall be screened from adjacent uses to the maximum extent feasible.

         d.   The facilities shall not bear any signs or advertising devices other than certification, warning, or other signage required by law or expressly permitted by the City.

         e.   At no time shall equipment noise (including air conditioning units) from any facility exceed the applicable noise limit established in Section 10.38.060 (Noise) at the facility’s property line; provided, however, that for any facility located within 500 feet of any property zoned residential, or improved with a residential use, the equipment noise shall at no time be audible at the property line of any residentially zoned, or residentially improved property.

         f.   If the majority of radio frequency coverage from the proposed facility is outside the City limits, the applicant shall, in addition to the other requirements of this Section, prove that the applicant is unable to locate the proposed facility within the locale(s) that will receive the majority of the coverage from the proposed personal Wireless Communications Facility, and that no other feasible location for the facility exists outside of the City limits. The fact that an applicant for a discretionary permit in the City has been denied a wireless facility, antenna, or wireless coverage in another jurisdiction shall not be considered evidence or proof that the applicant is unable to locate in another jurisdiction.

      5.   Independent Expert Review. The City shall retain an independent, qualified consultant to review any application for a permit for a new personal Wireless Communications Facility or modification to an existingpersonal Wireless Communications Facility. The review is intended to be a review of technical aspects of the proposed Wireless Communications Facility or modification of an existing Wireless Communications Facility and shall address any or all of the following:

         a.   Whether the proposed Wireless Communications Facility is necessary to close a significant gap in coverage and is the least intrusive means of dong so;

         b.   The accuracy and completeness of submissions;

         c.   Technical demonstration of the unavailability of alternative sites or configurations and/or coverage analysis;

         d.   The applicability of analysis techniques and methodologies;

         e.   The viability of alternative sites and alternative designs; and

         f.   Any other specific technical issues designated by the City.

   The cost of the review shall be paid by the applicant through a deposit estimated to cover the cost of the independent review, established by the Director.

      6.   Conditions of Approval. All facilities approved under this Section shall be subject to the following conditions:

         a.   Facilities. Facilities shall not bear any signs or advertising devices other than legally required certification, warning, or other required seals or signs, or as expressly authorized by the City.

         b.   Abandonment.

            (1)   Personal Wireless Communications Facilities that are no longer operating shall be removed at the expense of the applicant, operator, or owner no later than 90 days after the discontinuation of use. Disuse for 90 days or more shall also constitute a voluntary termination by the applicant of any land use entitlement under this Zoning Code or any predecessor to this Code.

            (2)   The Director shall send a written notice of the determination of non-operation to the owner and operator of the personal Wireless Communications Facility, who shall be entitled to a hearing on that determination before the Commission, provided that written request for a hearing is received by the Department within 10 days of the date of the notice. Any hearing shall be conducted in compliance with Chapter 10.116 (Public Notices and Hearings), although no further appeal from the decision of the Commission may be had other than in compliance with Code of Civil Procedure Section 1094.5. Upon a final decision of the Commission or the running of the time for a request for a hearing without such a request, the operator shall have 90 days to remove the facility.

            (3)   The operator of a facility shall notify the City in writing of its intent to abandon a permitted site. Removal shall comply with applicable health and safety regulations. Upon completion of abandonment, the site shall be restored to its original condition at the expense of the applicant, operator, or owner.

            (4)   All facilities not removed within the required 90-day period shall be in violation of this Zoning Code. In the event the City removes a disused facility upon the failure of the applicant, operator, or owner to timely do so, the applicant, operator, and owner shall be jointly and severally liable for the payment of all costs and expenses the City incurs for the removal of the facilities, including legal fees and costs.

         c.   Indemnification. The applicant, operator of a facility and property owner (when applicable) shall defend, indemnify and hold the City and its elective and appointed boards, commissions, officers, agents, consultants and employees harmless from and against all demands, liabilities, costs (including attorneys’ fees), or damages arising from the City's review and/or approval of the design, construction, operation, location, inspection or maintenance of the facility.

         d.   Removal of Unsafe Facilities. If, at any time after 10 years of the issuance of a Building Permit or Encroachment Permit, or any shorter period permitted by Government Code Section 65964(b), any personal Wireless Communications Facility becomes incompatible with public health, safety or welfare, the applicant or operator of the facility shall, upon notice from the City and at the applicant’s or operator’s own expense, remove that facility. Written notice of a determination in compliance with this Subparagraph shall be sent to the owner and operator of the personal Wireless Communications Facility, who shall be entitled to a hearing on that determination before the Commission, provided that written request for a hearing is received by the Department within 10 days of the date of the notice. Any hearing shall be conducted in compliance with Chapter 10.116 (Public Notices and Hearings), although no further appeal from the decision of the Commission may be had other than in compliance with Code of Civil Procedure Section 1094.5. Upon a final decision of the Commission or the running of the time for a request for a hearing without such a request, the operator shall have 90 days to remove the facility.

         e.   Monitoring Requirements. The owner or operator of any personal Wireless Communications Facility approved in compliance with this Subsection shall cooperate with the Director to verify that the facility conforms with relevant building and safety requirements, and verify that the facility complies with the requirements of this Section.

         f.   Performance Bond. Before the issuance of a Building Permit or Encroachment Permit, the applicant or owner/operator of the facility shall pay for and provide a performance bond, which shall be in effect until all facilities are fully and completely removed and the site reasonably returned to its original condition. The purpose of this bond is to cover the applicant’s or owner/operator of the facility’s obligation under the conditions of approval and the Municipal Code. The bond coverage shall include, but not be limited to, removal of the facility, maintenance obligations and landscaping obligations. (The amount of the performance bond shall be set by the Director on a case-specific basis and in an amount reasonably related to the obligations required under this Zoning Code and all conditions of approval, and shall be specified in the conditions of approval.)

         g.   Nontransferability. An applicant shall not transfer a permit to any person or entity before completion of construction of a personal Wireless Communications Facility.

         h.   As-built Photographs. The applicant shall submit as-built photographs of the facility within 90 days of installation of the facility, detailing the installed equipment.

      7.   In addition to the findings required in Chapter 10.84 (Conditional Use Permits and Minor Use Permits) no proposed personal Wireless Communications Facility may be approved unless the applicable review authority first finds all of the following:

         a.   The applicant has demonstrated by clear and convincing evidence that the facility is necessary to close a significant gap in the operator's service coverage. The evidence shall include in-kind call testing of existing facilities within the area the applicant contends is a significant gap in coverage to be served by the facility.

         b.   The applicant has demonstrated by clear and convincing evidence that no feasible alternate site exists that would close a significant gap in the operator’s service coverage which alternative site is a more appropriate location for the facility under the standards of this Section.

         c.   The facility satisfies the location requirements of Subparagraph C.3., above.

      8.    Violations. The City may revoke a discretionary permit for any personal Wireless Communications Facility in violation of this Section in compliance with Chapter 10.122 (Permit Revocations and Modifications). The remedies specified in this Section shall be cumulative, and the City may resort to any other remedy available at law or in equity and resort to any one remedy shall not cause an election precluding the use of any other remedy with respect to a violation.

   D.    Standards for Personal Wireless Communications Facilities Not Located Within a Public Right-of-Way. In addition to the requirements specified in Subsection C., above, all personal Wireless Communications Facilities not located within a public right-of-way shall comply with the following requirements:

      1.    Location Requirements. To minimize aesthetic and visual impacts on the community, personal Wireless Communications Facilities shall be located in compliance with the following standards:

         a.   General Requirements. A freestanding Wireless Communications Facility tower or monopole shall be set back a distance of at least 150 percent of the height of the tower from the nearest property line of any residentially zoned or occupied lot.

         b.   Restricted Locations - Stealth Facilities Required. Personal Wireless Communications Facilities located within any nonresidential zone on a site that contains a legally established residential use shall be designed as a stealth facility:

         c.   Prohibited Locations. No personal Wireless Communications Facility shall be established within any residential or open space zone.

            (1)   Residential Zones. No facility shall be located within a residential zone, including areas set aside for open space, parks, or playgrounds.

            (2)   Open Space. No facility shall be located within an open space zone or park.

   Any Wireless Communications Facility proposed for a site within any open space zone shall not be deemed a “public utility” as that term is otherwise defined and understood in the Municipal Code regarding development in open space zones.

         d.   Guidelines for Placement on Structures. Antennas shall be mounted on structures utilizing the methods described below. If an antenna cannot be mounted as specified in Subparagraph (1), it may be mounted in compliance with Subparagraph (2). If an antenna cannot be mounted as specified in either Subparagraph (1) or (2), it may be mounted in compliance with Subparagraph (3):

            (1)   A stealth facility mounted on an existing structure or collocated on an existing tower;

            (2)   A stealth facility mounted on an existing steel or concrete pole, including a light standard; or

            (3)   A stealth facility mounted on a new steel, wood, or concrete pole.

      2.   Design and Development Standards. Personal Wireless Communications Facilities shall be designed and maintained as follows:

         a.   Building-mounted facilities shall be designed and constructed to be fully screened in a manner that is compatible in color, texture and type of material with the architecture of the structure on which the facility is mounted.

         b.   All accessory equipment associated with the operation of a personal Wireless Communications Facility shall be located within a building enclosure or underground vault that complies with the development standards of the zone in which the accessory equipment is located.

      3.   Exception to Location Restrictions - Council Approval Required. Notwithstanding Subparagraph D.1.c., above, personal Wireless Communications Facilities may be allowed in a prohibited location only if the applicant obtains a Conditional Use Permit from the Council following a public hearing and recommendation from the Commission, and provides technically sufficient and conclusive proof that the proposed location is necessary for provision of wireless services to substantial areas of the City, that it is necessary to close a significant gap in the operator’s coverage and that there are no less intrusive alternative means to close that significant gap.

   E.   Standards for Personal Wireless Communications Facilities Located within Public Rights-of-Way. In addition to the requirements in Subsection C., above, all personal Wireless Communications Facilities located within public rights-of-way shall comply with the following requirements to the fullest extent permitted by State and Federal law.

      1.   Construction. These standards are intended to exert the maximum authority available to the City in the regulation of personal Wireless Communications Facilitiesunder applicable State and Federal law but not to exceed that authority. Accordingly, this Section shall be construed and applied in light of any limits on the City’s authority. The purpose of this Subsection is to regulate personal Wireless Communications Facilities proposed for sites within public rights-of-way consistently with the rights conferred on telephone corporations by Public Utilities Code Sections 7901 and 7901.1 and to address the aesthetic and safety concerns unique to such proposals due to their highly visible location in rights-of-way that must be safely shared with pedestrians, motorists and other utility infrastructure.

      2.   Application Content. Applications for the approval of personal Wireless Communications Facilities within the public right-of-way shall include the following information, in addition to all other information required by Subparagraph C.2., above. The applicant shall provide certification that the facility is for the use of a telephone corporation or state the basis for its claimed right to enter the right-of-way. If the applicant has a Certificate of Public Convenience and Necessity (CPCN) issued by the California Public Utilities Commission, it shall provide a copy of its CPCN.

      3.   Guidelines. All personal Wireless Communications Facilities located within a public right-of-way shall be designed as follows:

         a.   Ground-mounted equipment shall be screened, to the fullest extent possible, through the use of landscaping, walls, or other decorative feature, as approved by the applicable review authority.

         b.   Pole-mounted equipment shall not exceed six cubic feet.

         c.   Pole-mounted antennas shall adhere to the following guidelines:

            (1)   If an antenna cannot be mounted as specified in Subparagraph (a), it may be mounted in compliance with Subparagraph (b). If an antenna cannot be mounted as specified in either Subparagraph (a) or (b), it may be mounted in compliance with Subparagraph (c).:

               (a)   A stealth facility mounted on an existing, collocated monopole or tower;

               (b)   A stealth facility mounted on an existing steel or concrete pole, including a light standard; or

               (c)   A stealth facility mounted on a new steel, wood, or concrete pole but only if an operator shows that it cannot otherwise close a significant gap in its service coverage, and that the proposal is the least intrusive means of doing so.

            (2)   All installations shall be engineered to withstand high wind loads. An evaluation of high wind load capacity shall include the impact of an additional antenna installation on a pole with existing antennae.

            (3)   The maximum height of any antenna shall not exceed 24 inches above the height of a pole or tower other than a streetlight pole, nor six feet above the height of a streetlight pole, nor shall any portion of the antenna or equipment mounted on a pole be less than 16 feet above any drivable road surface. All installations on utility poles shall fully comply with California Public Utilities Commission General Order 95 as it now exists or may hereafter be amended.

            (4)   A freestanding Wireless Communications Facility tower or monopole shall be set back a distance of at least 150 percent of the height of the tower to the nearest structure designed for occupancy.

         d.   Equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, inconvenience to the public’s use of a public right-of-way, or safety hazards to pedestrians and motorists. In no case shall ground-mounted equipment, walls, or landscaping be less than 18 inches from the front of the curb.

         e.   Facilities shall not be located within 500 feet of another Wireless Communications Facility on the same side of a street.

         f.   No facility shall be built so as to cause the right-of-way in which the facility is located to fail to comply with the Americans with Disabilities Act.

      4.   Findings. In addition to the findings specified in Subparagraph C.7., above, no proposed personal Wireless Communications Facility within a public right-of way may be approved unless all of the following findings are first made:

         a.   The proposed facility has been designed to blend with the surrounding environment, with minimal visual impact on the public right-of-way.

         b.   The proposed facility will not have an adverse impact on the use of the public right-of-way, including but not limited to, the safe movement and visibility of vehicles and pedestrians.

      5.   Conditions of Approval. In addition to compliance with the guidelines specified in Subparagraph 3., above, and the conditions of approval listed in Subparagraph C.6., above, all facilities approved under this Subsection shall be subject to the following conditions:

         a.   Any approved Wireless Communications Facility located within a public right-of-way shall be subject to conditions, changes or limitations as are from time to time deemed necessary by the City Engineer to: (i) protect the public health, safety, and welfare; (ii) prevent interference with pedestrian and vehicular traffic; or (iii) prevent damage to a public right-of-way or any property adjacent to it. Before the City Engineer imposes conditions, changes, or limitations in compliance with this Subparagraph 3., above, the City Engineer shall notify the applicant or operator, in writing, by mail to the address specified in the application or other address as may be on file with the City. The change, new limitation or condition shall be effective 24 hours after deposit of the notice in the United States mail.

         b.   The applicant or operator of the personal Wireless Communications Facility shall not move, alter, temporarily relocate, change, or interfere with any existing facility without the prior written consent of the owner of that facility. No structure, improvement or facility owned by the City shall be moved to accommodate a personal Wireless Communications Facility unless: (i) the City determines, in its sole and absolute discretion, that the movement will not adversely affect the City or surrounding residents or businesses, and (ii) the applicant or operator pays all costs and expenses related to the relocation of the City’s facilities. Every applicant or operator of any personal Wireless Communications Facility shall assume full liability for damage or injury caused to any property or person by his, her, or its facility. Before commencement of any work in compliance with an Encroachment Permit issued for any personal Wireless Communications Facility within a public right-of-way, an applicant shall provide the City with documentation establishing to the City’s satisfaction that the applicant has the legal right to use or interfere with any other facilities within the public right-of-way to be affected by applicant’s facilities.

         c.   Should any utility company offer electrical service to a Wireless Communications Facility which service does not require the use of a meter cabinet, the applicant or operator of the facility shall at its cost remove the meter cabinet and any foundation thereof and restore the area to its prior condition.

   F.   Standards for Satellite Antennas. Satellite antennas, including portable units and dish antennas, shall be designed, installed and maintained in compliance with the regulations of the Federal Communications Commission. Satellite antennas with diameters larger than one meter in residential zones and two meters in nonresidential zones shall also comply with the following requirements, provided these provisions do not conflict with applicable State and Federal regulations.

      1.   Application - Plans. Plans for satellite antennas shall be submitted with applications for a Building Permit, and shall include a site plan and elevation drawings indicating the height, diameter, color, setbacks, foundation details, landscaping, and method of screening. The plans shall be subject to approval of the Director.

      2.   Location. No satellite antenna shall be located within any required front yard or street side yard setbacks in any zone. In addition, no portion of a satellite antenna shall extend beyond a property line.

      3.   Color. A satellite antenna and its supporting structure shall be painted a single, neutral, non-glossy color such as an earth tone, gray, or black.

      4.   Wiring. All wiring shall be placed underground whenever possible.

      5.   Residential Zones. In any residential zone, satellite antennas shall be subject to the following standards:

         a.   Satellite antennas shall not exceed 15 feet in height, as measured from the finished grade or other surface on which the antenna is placed;

         b.   Only one satellite antenna may be allowed on any single-family residential site;

         c.   Only one antenna shall be allowed per dwelling unit on any multi-family residential site;

         d.   A satellite antenna shall be separated from adjacent properties by at least a six-foot-high solid wall or fence or by trees or other plants of equal minimum height;

         e.   Any satellite antenna that is taller than an adjacent property-line fence shall be located away from the side or rear property line a distance equal to or greater than the height of the antenna;

         f.   The diameter of a satellite antenna shall not exceed two meters. This provision may be modified by the Director if the applicant provides a sufficient technical study prepared by a qualified engineer demonstrating to the Director’s satisfaction that strict compliance would result in no satellite reception; and

         g.   A satellite antenna shall be used for private, noncommercial purposes only.

      6.   Nonresidential Zones. In any nonresidential zone, satellite antennas may be roof- or ground-mounted and shall be subject to the following standards:

         a.   If roof-mounted, satellite antennas shall be screened from ground view by a parapet or other screening

approved by the Director. The minimum height and design of a parapet, wall, or other screening shall be subject to the approval of the Director;

         b.   If ground-mounted, satellite antennas shall not be located between a structure and an adjacent street, and shall be screened from public view and neighboring properties;

         c.   The location and height of satellite antennas shall comply with all requirements of the underlying zone; and

         d.   If the subject site abuts a residential zone, all antennas shall be set back a minimum distance from the property line equal to the height of the antenna, unless screened from view.

   G.   Standards for Amateur Radio Antennas. All amateur radio antennas shall be designed, constructed, and maintained as follows:

      1.   The maximum height shall not exceed 40 feet, measured from finished grade;

      2.   Any boom or other active element or accessory structure shall not exceed 25 feet in length;

      3.   Antennas may be roof- or ground-mounted; and

      4.   Antennas may not be located in any front or side setbacks.

      5.   These standards in Subsection F. are subject to modification or waiver by the Director on a case-by-case basis where required for the City to comply with FCC PRB-1 and California Government Code Section 65850.3 and where such modification or waiver is based on sufficient technical information provided in writing by the applicant at the request of the City.

   H.   Effects of Development on Antenna Reception. The City shall not be liable if development within the City after installation of an antenna impairs antenna reception, transmission, utility, or function to any degree.

   I.   Private Enforcement. In addition to any other remedy available to the City under this Zoning Code, at law, or in equity, violations of this Section may be remedied as follows:

      1.   The City Attorney may bring a civil action to enforce this Section and to obtain the remedies specified below or otherwise available in equity or at law.

      2.   Any person acting for the interests of himself, herself, or itself, or of its members, or of the general public (hereinafter “a private enforcer”) may bring a civil action to enforce this Section with the remedies specified below, if both the following requirements are met:

         a.   The action is commenced more than 60 days after the private enforcer gives written notice of an alleged violation of this Section to the City Attorney and to the alleged violator.

         b.   No person acting on behalf of the City has commenced or is prosecuting an action regarding the violation(s) which was or were the subject of the notice on the date the private action is filed.

      3.   A private enforcer shall provide a copy of his, her, or its action to the City Attorney within seven days of filing it.

      4.   Upon settlement of or entry of judgment in an action brought in compliance with Subparagraph 7., below, the private enforcer shall give the City Attorney a notice of that settlement or judgment. No private enforcer may settle such an action unless the City Attorney or the court determines the settlement to be reasonable in light of the purposes of this Section. Any settlement in violation of this requirement shall be set aside upon motion of the City Attorney to a court of competent jurisdiction.

      5.   Upon proof of a violation of this Section, the court shall award the following:

         a.   Appropriate injunctive relief and damages in the amount of either:

            (1)   Upon proof, actual damages; or

            (2)   With insufficient or no proof of damages, a minimum of $500 dollars for each violation of this Section (hereinafter “statutory damages”). Unless otherwise specified in this Section, each day of a continuing violation shall constitute a separate violation. Notwithstanding any other provision of this Section, no private enforcer suing on behalf of the general public shall recover statutory damages based upon a violation of this Section if a previous claim brought on behalf of the general public for statutory damages and based upon the same violation has been adjudicated, whether or not the private enforcer was a party to that earlier adjudication.

         b.   Restitution to the appropriate party or parties of gains obtained due to a violation of this Section.

         c.   Exemplary damages, where it is proven by clear and convincing evidence that the defendant is guilty of oppression, fraud, malice, or a conscious disregard for public health and safety.

         d.   Attorney’s fees and costs reasonably incurred by a successful party in prosecuting or defending an action.

   Any damages awarded in an action brought by the City Attorney shall be paid into the City’s general fund, unless the court determines that they should be paid to a damaged third party.

      6.   Upon proof of at least one violation of this Section, a private enforcer, the City Attorney, any peace officer, or Zoning Code enforcement official may obtain an injunction against further violations of this Section or, as to small claims court actions, a judgment payable on condition that a further violation of this Section occur within a time specified by the court.

      7.   Notwithstanding any legal or equitable bar, a private enforcer may bring an action to enforce this Section solely on behalf of the general public. When a private enforcer does so, nothing about such an action shall act to preclude or bar the private enforcer from bringing a subsequent action on his, her, or its own behalf based upon the same facts.

      8.   Nothing in this Section shall prohibit a private enforcer from bringing an action to enforce this Section in small claims court, provided the relief sought is within the jurisdiction of that court.

   J.   Additional Notice to Neighbors.

      1.   After an application to allow the installation of a Wireless Communications Facility in compliance with this Section is complete, the City shall endeavor to provide property owners at least 10 days’ prior notice of the initial public hearing on the matter.

      2.   Written notice shall be mailed to the record owner of each property located within 1,500 feet of the proposed site in compliance with Chapter 10.116 (Public Notices and Hearings).

      3.   Failure of the City to provide notice in compliance with this Subsection shall not be grounds to challenge a determination provided that the notice otherwise required by law has been provided. (Ord. 935 § 3 (part), 2015)

   (a)   Purpose and Applicability. It is the purpose and intent of this section to provide for the orderly regulation of massage establishments and massage therapists in the city. The provisions of this section shall apply to massage establishments and massage therapists as defined in Section 10.132.140.

   (b)   Applicable Provisions and Prohibitions.

      (1)   No person shall provide massage services from any location in the City without having a valid California Massage Therapy Council (CAMTC) certificate.

      (2)   An owner or operator of a massage establishment shall maintain a city business license, and is responsible for the conduct of all employees and/or independent contractors working on the premises.

      (3)   An owner or operator of a massage establishment shall be responsible for the conduct of the business, and for the actions of all employees and independent contractors.

      (4)   Concurrently with its business license application, an owner or operator of a massage establishment shall provide the City with a list of all employees and/or independent contractors working on the premises, and shall notify the City within seven days of any change to said list.

      (5)   An owner or operator of a massage establishment shall notify the City prior to conveying the premises on which massage is conducted to another business or person.

      (6)   The City may enter massage establishments during regular business hours to conduct reasonable inspections, to ensure compliance with all applicable laws, rules and regulations, and all health and safety requirements.

      (7)   Hours of Operation. Massage establishments and massage therapists shall only operate between the hours of 9:00 am and 9:00 pm.

      (8)   Prohibited Locations. No massage establishment shall be located within an 800-foot radius of another massage establishment, disregarding the corporate boundary of the City. The distance between massage establishments shall be made in a straight line, without regard to the intervening structures or objects, from the closest exterior wall of the structure, or a portion of the structure, in which the massage establishment is located, to the property line of the parcel on which the structure, or portion of the structure, in which another massage establishment is located.

      (9)   Off-Street Parking Requirements. One parking space for each 200 square feet of floor space shall be provided for all massage establishments.

      (10)   Interior Doors. All interior doors shall remain unlocked during business hours, unless the establishment is owned by one individual with one or no employees.

      (11)   Health and Safety Requirements. An owner or operator of a massage establishment, and massage therapists shall provide clean massage rooms, clean towels and linens, and reasonable attire as set forth by the CAMTC.

(Ord. 956 § 4, 2018)