(a)

In order to permit certain uses in some districts or areas where they may be appropriate but may not otherwise be compatible with other permitted uses in the district or where additional development or performance standards are needed, the special use regulations are established to ensure the adequacy of development and performance standards and the compatibility of these uses so they may be established and maintained in harmony with surrounding uses.

(b)

The special use regulations contained in this section shall govern the land, uses, buildings, structures and improvements specified below or where so designated in the district regulations. Except as otherwise provided in this section, no use, building or structure shall be established, enlarged, operated or maintained unless such use, building or structure conforms with applicable standards within this section and in the district regulations.

(Ord. No. 03-03, § 5(18.60.000), 4-16-2003)

(a)

Legislative purpose. It is the purpose of this section to regulate adult entertainment establishments in order to promote the health, safety, morals, and general welfare of the citizens of the City. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material, nor to circumvent the enforcement of California Penal Code § 313 relating to the distribution or exhibition of harmful matter to minors.

(b)

Permitted zoning district. No land use entitlement, permit (including building permit) approval, site plan, certificate of occupancy, zoning clearance, or other land use authorization, for an adult entertainment establishment, shall be granted or permitted within the City. As an exception to the general prohibition set forth herein, adult entertainment establishments shall be permitted within the community commercial (cc) zoning district. Any adult entertainment establishment proposing to operate or locate within this zone shall comply with the criteria set forth in this section.

(c)

Location standards. Except where the adult entertainment establishment is proposed to be located in an enclosed shopping mall, the following location standards apply:

(1)

An adult entertainment establishment shall not be established or located within 1,000 feet of any County or City zone or land use district which contains the words "residence" or "residential" within its title or any residential use.

(2)

An adult entertainment establishment shall not be established or located within 1,000 feet of any church, chapel or similar place of worship, or property zoned, planned, or otherwise designated for such use; any school, nursery, day care center, park or playground, or property zoned, planned, or otherwise designated for such use; or any existing or proposed adult entertainment establishment.

(3)

All distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building, or structure in which the adult entertainment establishment is, or will be located, to the nearest property line of any land use, land use district, or zone described in this code, or the nearest point of the building or structure in which an existing adult entertainment establishment is located. Subject to the foregoing, adult entertainment establishments shall be permitted in those areas designated; provided, an adult entertainment regulatory permit shall be obtained.

(d)

Definitions. For the purpose of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:

(05)

Adult entertainment establishment. The term "adult entertainment establishment" means any one of the following:

a.

Adult arcade. The term "adult arcade," as used in this chapter, is an establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, videocassettes, slides or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

b.

Adult bookstore. The term "adult bookstore" as used in this chapter, is an establishment that has 30 percent or more of its stock in books, magazines, periodicals, or other printed matter, or of photographs, films, motion pictures, videocassettes, slides, tapes, records, or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

c.

Adult cabaret. The term "adult cabaret," as used in this chapter, means a nightclub, restaurant, or similar business establishment which: (a) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (b) regularly features persons who appear semi-nude: and/or (c) shows films, computer generated images, motion pictures, videocassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

d.

Adult hotel/motel. The term "adult hotel/motel," as used in this chapter, means a hotel or motel or similar business establishment offering public accommodations, for any form of consideration, which: (a) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, videocassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (b) rents, leases, or lets any room for less than a six hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.

e.

Adult motion picture theater. The term "adult motion picture theater," as used in this chapter, means a business establishment where, for any form of consideration, films, computer generated images, motion pictures, videocassettes, slides, or similar photographic reproductions are shown, and 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

f.

Adult theater. The term "adult theater," as used in this chapter, means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

g.

Modeling studio. The term "modeling studio," as used in this chapter, means a business which provides, for pecuniary compensation, monetary, or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted, or otherwise depicted by persons paying such consideration. The term "modeling studio" does not include schools maintained pursuant to standards set by the State Board of Education. The term "modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available "specified sexual activities."

(10)

Adult entertainment establishment operator. The term "adult entertainment establishment operator" (hereinafter "operator") means a person who supervises, manages, inspects, directs, organizes, controls, or in any other way is responsible for or in charge of the premises of an adult entertainment establishment or the conduct or activities occurring on the premises thereof.

(15)

Applicant. The term "applicant" means a person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adult entertainment establishment.

(20)

Bar. For the purposes of this chapter, the term "bar" means any commercial establishment licensed by the State Department of Alcohol Beverage Control to serve any alcohol beverages on the premises.

(25)

Distinguished or characterized by an emphasis upon. As used in this chapter, the term "distinguished or characterized by an emphasis upon" means and refers to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal.App.3d 151 (1981).

(30)

Figure model. The term "figure model" means any person who, for pecuniary compensation, consideration, hire, or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed, or otherwise depicted.

(35)

Health officer. The term "health officer" means any Code Compliance Officer of the City of Laguna Woods or his duly authorized representative.

(40)

Nudity or a state of nudity. The term "nudity" or "a state of nudity" means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple.

(45)

Operate an adult entertainment establishment. As used in this chapter, the term "operate an adult entertainment establishment" means the supervising, managing, inspecting, directing, organizing, controlling, or in any way being responsible for or in charge of the conduct of activities of an adult entertainment establishment or activities within an adult entertainment establishment.

(50)

Permittee. The term "permittee" means the person to whom an adult entertainment establishment permit is issued.

(55)

Regularly features. The term "regularly features" with respect to an adult theater or adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30-calendar-day period; three or more occasions within a 60-calendar-day period; or four or more occasions within a 180-calendar-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

(60)

Semi-nude. The term "semi-nude" means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

(65)

Specified anatomical areas. As used herein, the term "specified anatomical areas" means and includes any of the following:

a.

Less than completely and opaquely covered human: (a) genitals or pubic region; (b) buttocks; and (c) female breast below a point immediately above the top of the areola;

b.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered; and

c.

Any device, costume, or covering that simulates any of the body parts included in the above of this definition.

(70)

Specified sexual activities. As used herein, the term "specified sexual activities" means and includes any of the following, whether performed directly or indirectly through clothing or other covering:

a.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

b.

Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

c.

Masturbation, actual or simulated;

d.

Excretory functions as part of or in connection with any of the other activities described in the above of this definition.

(e)

Permits required; prohibitions.

(1)

Adult entertainment establishment regulatory permit. It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City of Laguna Woods, the operation of an adult entertainment establishment unless the person first obtains and continues to maintain in full force and effect a permit from the City of Laguna Woods as herein required.

(2)

Adult entertainment establishment performer permit. It is unlawful for any persons to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult entertainment establishment unless the person first obtains and continues in full force and effect a permit from the City of Laguna Woods as herein required.

(f)

Adult entertainment establishment regulatory permit and filing fee. Every person who proposes to maintain, operate, or conduct an adult entertainment establishment in the City of Laguna Woods shall file an application with the Community Development Director upon a form provided by the City of Laguna Woods and shall pay a filing fee, as established by resolution adopted by the City Council from time to time.

(g)

Application.

(1)

Adult entertainment establishment regulatory permits are nontransferable, unless specified herein. Therefore, all applications shall include the following information:

a.

If the applicant is an individual, the individual shall state his legal name, including any aliases, address, and submit satisfactory written proof that he is at least 18 years of age.

b.

If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.

c.

If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process.

(2)

If the applicant is an individual, he shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten percent or greater interest in the business entity shall sign the application;

(3)

If the applicant intends to operate the adult entertainment establishment under a name other than that of the applicant, the applicant shall file the fictitious name of the adult entertainment establishment and show proof of registration of the fictitious name;

(4)

A description of the type of adult entertainment establishment for which the permit is requested and the proposed address where the adult entertainment establishment will operate, plus the names and addresses of the owners and lessors of the adult entertainment establishment site;

(5)

The address to which notice of action on the application is to be mailed;

(6)

The names of all employees, agents, partners, directors, officers, shareholders, managers, and persons who will perform at the adult entertainment establishment, who are required by this Code to obtain an adult entertainment establishment performer license;

(7)

A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult entertainment establishment. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches;

(8)

A certificate and straight-line drawing prepared within 30 calendar days prior to application depicting the building and the portion thereof to be occupied by the adult entertainment establishment, and: (1) the property line of any other adult entertainment establishment within 1,000 feet of the primary entrance to the adult entertainment establishment for which a permit is requested; and (2) the property lines of any church, school, park, residential zone or use within 1,000 feet of the primary entrance of the adult entertainment establishment;

(9)

A diagram of the off-street parking areas and premises entries of the adult entertainment establishment showing the location of the lighting system required by the City;

(10)

If the Community Development Director determines that the applicant has completed the application improperly, the Community Development Director shall promptly notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of ten calendar days or less to complete the application properly. In addition, the applicant may request an extension, not to exceed ten calendar days, of the time for the Community Development Director to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time;

(11)

The fact that an applicant possesses other types of State or City permits or licenses does not exempt the applicant from the requirement of obtaining an adult entertainment establishment regulatory permit.

(h)

Investigation and action on application. Investigation and action on application for adult entertainment establishment regulatory permit.

(1)

Upon receipt of a completed application and payment of the application and permit fees, the Community Development Director shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued an adult entertainment establishment regulatory permit.

(2)

Within 15 calendar days of receipt of the completed application, the Community Development Director shall issue a temporary 45 day permit. The Community Development Director shall thereafter complete the investigation and grant or deny the annual permit within 45 calendar days in accordance with the provisions of this section, and so notify the applicant as follows:

a.

The Community Development Director shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

b.

If the application is denied, the Community Development Director shall attach to the application a statement of the reasons for denial.

c.

If the application is granted, the Community Development Director shall attach to the application an adult entertainment establishment regulatory permit.

d.

The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.

(3)

The Community Development Director shall grant the application and issue the adult entertainment establishment regulatory permit upon determining that the proposed business meets the locational criteria of this Code; and that the applicant has met all of the development and performance standards and requirements of this Code. The permittee shall post the permit conspicuously in the adult entertainment establishment premises.

(4)

If the Community Development Director neither grants nor denies the application within 45 calendar days after it is stamped as received, the permit shall be deemed to be granted as of the 45th day and the applicant may begin operating the adult entertainment establishment for which the permit was sought, subject to compliance with the development and performance standards and requirements of this Code.

(5)

Each adult entertainment establishment regulatory permit shall expire one year from the date of issuance or date deemed issued pursuant to Subsection (h)(4) of this section, and may be renewed only by filing with the Community Development Director a written request for renewal, accompanied by the permit fee and a copy of the permit (or application) to be renewed. The request for renewal shall be made at least 45 calendar days before the expiration date of the permit. When made less than 45 calendar days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided in this chapter for action upon applications for permits.

(6)

Any permit granted, including a temporary permit and a permit granted pursuant to Subsection (h)(4) of this section, shall be deemed to incorporate all of the provisions of this Code as applicable.

(i)

Permit denial. The Community Development Director shall deny the application for any of the following reasons:

(1)

The building, structure, equipment, or location used by the business for which an adult entertainment establishment regulatory permit is required does not comply with the requirements and standards of the building, health, zoning, fire and safety laws of the City and the State of California, or with the locational requirement or the development and performance standards and requirements of this Code.

(2)

The applicant, his employee, agent, partner, director, officer, shareholder, or manager has knowingly made any false, misleading, or fraudulent statement of material fact in the application for an adult entertainment establishment regulatory permit.

(3)

An applicant is under 18 years of age.

(4)

The required application fee has not been paid.

(5)

The applicant, his employee, agent, partner, director, officer, shareholder, or manager has been convicted of any of the offenses set forth in Penal Code §§ 313.1, 314, 315, 316, 266a, 266b, 266c, 266e, 266f, 266h, 647(a), 647(b) and 647(d) as those now exist or may hereafter be amended and for which: less than two years have elapsed since the date of the conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is a misdemeanor offense; less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is a felony offense; less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or a combination of misdemeanor offenses occurring within a 24 month period. A conviction includes a plea of "nolo contendere."

(j)

Transfer of adult entertainment establishment regulatory permits.

(1)

A permittee shall not operate an adult entertainment establishment under the authority of an adult entertainment establishment regulatory permit at any place other than the address of the adult entertainment establishment stated in the application for the permit.

(2)

A permittee shall not transfer ownership or control of an adult entertainment establishment or transfer an adult entertainment establishment regulatory permit to another person unless and until the transferee obtains an amendment to the permit from the Community Development Director stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the Community Development Director in accordance with this Code, accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the Community Development Director determines that the transferee would be entitled to the issuance of an original permit.

(3)

No permit may be transferred when the Community Development Director has notified the permittee that the permit has been or may be suspended or revoked.

(4)

Any attempt to transfer a permit either directly or indirectly in violation of this section is declared void, and the permit shall be deemed revoked.

(k)

Adult entertainment establishment performer permit.

(1)

No person shall engage in or participate in any live performance in a state of nudity, depicting specified anatomical areas, or involving specified sexual activities in an adult entertainment establishment, without a valid adult entertainment establishment performer permit issued by the City. All persons who have been issued an adult entertainment establishment regulatory permit shall promptly supplement the information provided as part of the application for the permit required by this Code, with the names of all performers required to obtain an adult entertainment establishment performer permit, within 30 calendar days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the adult entertainment establishment regulatory permit.

(2)

The Community Development Director shall grant, deny, and renew adult entertainment establishment performer permits.

(3)

The application for a permit shall be made on a form provided by the Community Development Director. An original and two copies of the completed and sworn permit application shall be filed with the Community Development Director.

(4)

The completed application shall contain the following information and be accompanied by the following documents:

a.

The applicant's legal name and any other names (including "state names" and aliases) used by the applicant;

b.

Age, date, and place of birth;

c.

Height, weight, hair and eye color;

d.

Present residence address and telephone number;

e.

Whether the applicant has every been convicted of:

1.

Any of the offenses set forth in Penal Code §§ 313.1, 314, 315, 316, 266a, 266b, 266c, 266e, 266f, 266h, 647(a), 647(b) and 647(d) as those sections now exist or may hereafter be amended;

2.

The equivalent of the aforesaid offenses outside the State of California;

3.

For which: less than two years have elapsed since the date of the conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is a misdemeanor offense; less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is a felony offense; less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or a combination of misdemeanor offenses occurring within a 24-month period;

4.

A conviction under Subsections (k)(4)e.1—(k)(4)e.3 of this section includes a plea of "nolo contendere";

f.

Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing, or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution;

g.

State driver's license or identification number;

h.

Satisfactory written proof that the applicant is at least 18 years of age;

i.

The applicant's fingerprints on a form provided by the Police Department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant;

j.

If the application is made for the purpose of renewing a license, the applicant shall attach a copy of the license to be renewed.

(5)

The completed application shall be accompanied by a nonrefundable application fee. The amount of the fee shall be set by resolution of the City Council.

(6)

Upon receipt of an application and payment of the application fees, the Community Development Director shall immediately stamp the application as received and promptly investigate the application.

(7)

If the Community Development Director determines that the applicant has completed the application improperly, the Community Development Director shall promptly notify the applicant of such fact and grant the applicant an extension of time of not more than ten calendar days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten calendar days, of the time for the Community Development Director to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.

(l)

Investigation and action on application for adult entertainment establishment performer permit.

(1)

Within ten business days after receipt of the properly completed application, the Community Development Director shall issue a 45-day temporary permit. The Community Development Director shall grant or deny the annual permit within 45 calendar days and so notify the applicant as follows:

a.

The Community Development Director shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

b.

If the application is denied, the Community Development Director shall attach to the application a statement of the reasons for denial.

c.

If the application is granted, the Community Development Director shall attach to the application an adult entertainment establishment performer permit.

d.

The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the residence address stated in the application.

(2)

The Community Development Director shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in Subsection (l)(4) of this section.

(3)

If additional time to complete the investigation is needed based on good cause, the Community Development Director may take action on the application within an additional ten business days, by giving notice to the applicant in writing before the end of the 45-calendar-day period, with an indication of the additional ten business day time period in which he must act. The temporary permit shall be extended by the same additional ten business days.

(4)

The Community Development Director shall deny the application for any of the following reasons:

a.

The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a permit or in any report or document required to be filed with the application;

b.

The applicant is under 18 years of age;

c.

The adult entertainment establishment performer permit is to be used for performing in a business prohibited by State or City law;

d.

The applicant has been registered in any state as a prostitute;

e.

The applicant has been convicted of any of the offenses enumerated in this Code or convicted of an offense outside the State of California that would have constituted any of the described offenses if committed within the State of California. A permit may be issued to any person convicted of the described crimes if the conviction occurred more than five years prior to the date of the application.

(5)

Each adult entertainment establishment performer permit shall expire one year from the date of issuance and may be renewed only by filing with the Community Development Director a written request for renewal, accompanied by the application fee and a copy of the permit to be renewed. The request for renewal shall be made at least 30 calendar days before the expiration date of the permit. When made less than 30 calendar days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided herein for applications for permits.

(6)

Each permit granted shall be deemed to incorporate the provisions of this Code as applicable.

(m)

Suspension or revocation of adult entertainment establishment regulatory permits and adult entertainment establishment performer permits. An adult entertainment establishment regulatory permit or adult entertainment establishment performer permit may be suspended or revoked in accordance with the procedures and standards of this section.

(1)

On determining that grounds for permit revocation exist, the Community Development Director shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing before the Director, and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally or to the person effectively in control of the adult entertainment establishment at the time of delivery, at least ten calendar days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the Director, but at a minimum shall include the following: All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing may be continued for a reasonable time for the convenience of a party or a witness. The Director's decision may be appealed in accordance with this Code.

(2)

In addition to violations of the City's Municipal Code, including the provisions of this section, a permit may be subject to suspension or revocation, or a permittee may be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee or an employee, agent, partner, director, stockholder, or manager of an adult entertainment establishment or an independent contractor who is performing at the establishment:

a.

The permittee has knowingly made any false, misleading, or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the City;

b.

The permittee, employee, agent, partner, director, stockholder, or manager of an adult entertainment establishment has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult entertainment establishment, or in the case of an adult entertainment establishment performer, the permittee has engaged in one of the activities described below while on the premises of an adult entertainment establishment:

1.

Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation;

2.

Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur;

3.

Any conduct constituting a criminal offense which requires registration under California Penal Code § 290;

4.

The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Penal Code § 315, 316, 318 647(b);

5.

Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Penal Code §§ 311—313.4;

6.

Any conduct prohibited by this Code;

c.

Failure to abide by any disciplinary action previously imposed by the City.

(3)

After holding the hearing in accordance with the provisions of this section, if the Director finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the Community Development Director shall impose one of the following:

a.

A warning;

b.

Suspension of the permit for a specified period not to exceed six months;

c.

Revocation of the permit.

(n)

Appeal of denial, suspension, or revocation to the City Council, expedited review of free speech claim, and automatic stay of enforcement.

(1)

After denial of an application for an adult entertainment establishment regulatory permit or an adult entertainment establishment performer permit, or after denial of renewal of a permit, or suspension or revocation of a permit, the applicant or person to whom the permit was granted may seek review of such action by filing a written appeal with the City Council. An appeal must be filed with the City Clerk within 15 calendar days of a denial, suspension, or revocation of a permit. The hearing before the City Council shall be held no less than 45 calendar days from the date of the filing of the appeal or at the next regularly scheduled meeting of the City Council. The City Council shall issue its decision within ten calendar days of the hearing. The decision of the City Council shall be final. If the denial, suspension, or revocation is affirmed on review by the City Council, the applicant or permittee may seek expedited judicial review of such administrative action pursuant to California Code of Civil Procedure § 1094.8 because the permit regulates expressive conduct protected by the First Amendment to the United States Constitution. The applicant or permittee shall be responsible for reimbursing the City for its actual costs for transcribing, copying, or otherwise preparing the administrative record required for court hearing.

(2)

There shall be an automatic stay of enforcement of a permit denial, suspension, or revocation throughout the administrative and/or judicial appeal process.

(o)

Adult entertainment establishment development and performance standards.

(1)

The establishment shall comply with all City building regulations, landscaping, signage and parking requirements, and all requirements of the Orange County Fire Authority.

(2)

At no time shall any adult entertainment establishment be open for private parties or other similar functions.

(3)

No adult entertainment establishment shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior shall be covered with opaque covering at all times.

(4)

All off-street parking areas and entries to the premises of the adult entertainment establishment shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one footcandle of light on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

(5)

The premises within which the adult entertainment establishment is located shall provide sufficient sound-absorbing insulation so that noise generated inside the premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.

(6)

The entrances to an adult entertainment establishment shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. The notice shall be constructed and posted to the satisfaction of the Community Development Director or designee. No person under the age of 18 years shall be permitted within the premises at any time.

(7)

All indoor areas of the adult entertainment establishment within which patrons are permitted, except restrooms, shall be open to view by the management at all times.

(8)

Any "adult arcade" shall comply with the following provisions:

a.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be direct line of sight from the manager's station.

b.

The view area specified in Subsection (8)e of this section shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. No patron is permitted access to any area of the premises, which has been designated as an area in which patrons will not be permitted.

c.

No viewing room may be occupied by more than one person at any one time.

d.

The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths or rooms.

e.

Customers, patrons or visitors shall not be allowed to stand idly by in the vicinity of any such video booths, or from remaining in the common area of such business, other than the restrooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.

f.

The floors, seats, walls, and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen, or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the owner and operator's license to conduct the adult entertainment establishment.

(9)

All areas of the adult entertainment establishment shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level:

(10)

The adult entertainment establishment shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restrooms for females, and female patrons and employees shall be prohibited from using the restrooms for males, except to carry out duties of repair, maintenance, and cleaning of the restroom facilities. The restrooms shall be free from any adult material. Restrooms shall not contain television monitors or other motion picture or video projection, recording, or reproduction equipment. The foregoing provisions of this subsection shall not apply to an adult entertainment establishment which deals exclusively with sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public.

(11)

The following additional requirements shall pertain to adult entertainment establishments providing live entertainment depicting specified anatomical areas or involving specified sexual activities:

a.

No person shall perform live entertainment for patrons of an adult entertainment establishment except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least ten feet from the nearest area occupied by patrons, and no patron shall be permitted within ten feet of the stage while the stage is occupied by an entertainer. The term "performer" shall mean any person who is an employee or independent contractor of the adult entertainment establishment, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult entertainment establishment.

b.

The adult entertainment establishment shall provide separate dressing room facilities for performers that are exclusively dedicated to the performer's use.

c.

The adult entertainment establishment shall provide an entrance/exit for performers, which is separate from the entrance/exit used by patrons.

d.

The adult entertainment establishment shall provide access for performers between the stage and the dressing rooms, which is completely separated from the patrons. If such separate access is not physically feasible, the adult entertainment establishment shall provide a minimum three foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers capable of (and which actually results in) preventing any physical contact between patrons and performers.

e.

No performer, either before, during, or after performances, shall have physical contact with any patron, and no patron shall have physical contact with any performer, either before, during, or after performances by such performer. This subsection shall only apply to physical contact on the premises of the adult entertainment establishment.

f.

Fixed rails at least 30 inches in height shall be maintained establishing the separations between performers and patrons required by this subsection.

g.

No patron shall directly pay or give any gratuity to any performer and no performer shall solicit any pay or gratuity from any patron.

h.

No owner or other person with managerial control over an adult entertainment establishment (as that term is defined in this chapter) shall permit any person on the premises of the adult entertainment establishment to engage in a state of nudity or in a live showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered.

(12)

Adult entertainment establishments shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

a.

Adult entertainment establishments featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty.

b.

Security guards for other adult entertainment establishments may be required if it is determined by the Community Development Director that their presence is necessary in order to prevent any of the conduct listed in this code from occurring on the premises.

c.

Security guards shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of State law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard.

The foregoing applicable requirements of this section shall be deemed conditions of adult entertainment establishment regulatory permits and adult entertainment performer permits, and the failure to comply with every such applicable requirement shall be grounds for revocation of the permit.

(p)

Register and permit number of employees.

(1)

Every adult entertainment establishment shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such adult entertainment establishment in a conspicuous place so that the same may be readily seen by all persons entering the adult entertainment establishment.

(2)

The Community Development Director shall provide each adult entertainment establishment performer required to have a permit pursuant to this section with an identification card containing the name, address, photograph, and permit number of such performer.

(3)

An adult entertainment establishment performer shall have such card available for inspection at all times during which such person is on the premises of the adult entertainment establishment.

(q)

Employment of and services rendered to persons under the age of 18 years prohibited.

(1)

It is unlawful for any permittee, operator, or other person in charge of any adult entertainment establishment to employ, or provide any service for which it requires such permit, to any person who is not at least 18 years of age.

(2)

It is unlawful for any permittee, operator, or other person in charge of any adult entertainment establishment to permit to enter, or remain within the adult entertainment establishment, any person who is not at least 18 years of age.

(r)

Inspection. An applicant or permittee shall permit representatives of the Police Department, Health Department, Fire Department, Planning Division, or other City departments or agencies to inspect the premises of an adult entertainment establishment for the purpose of insuring compliance with the law and the development and performance standards applicable to adult entertainment establishments, at any time it is occupied or opened for business. A person who operates an adult entertainment establishment or his agent or employee is in violation of the provisions of this section if he refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.

(s)

Regulations nonexclusive. The provisions of this chapter regulating adult entertainment establishments are not intended to be exclusive and compliance therewith shall not excuse noncompliance with State law and any other regulations pertaining to the operation of businesses as adopted by the City.

(t)

Employment of persons without permits unlawful. It is unlawful for any owner, operator, manager, or permittee in charge of or in control of an adult entertainment establishment, which provides live entertainment depicting specified anatomical areas or involving specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked adult entertainment establishment performer permit.

(u)

Public nuisance. In addition to the remedies set forth in this Code, any adult entertainment establishment that is operating in violation of these provisions regulating adult entertainment establishments is declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation per Sections 1.08.030 through 1.08.140.

(v)

Time limit for filing application for permit. All persons who possess an outstanding business license heretofore issued for the operation of an adult entertainment establishment and all persons required by this section to obtain an adult entertainment establishment performer permit must apply for and obtain such a permit within 90 calendar days of the effective date of this Code. Failure to do so and continued operation of an adult entertainment establishment, or the continued performances depicting specified anatomical areas or specified sexual activities in an adult entertainment establishment after such time without a permit shall constitute a violation of this Code.

(Ord. No. 03-03, § 5(18.60.010), 4-16-2003)

(a)

Purpose and Intent.

(1)

The purpose of this section is to establish regulations for cannabis storefront retailers that are reasonable and necessary to protect public health and safety and reduce the potential for illegal and illicit activity within the City of Laguna Woods. This section is not intended to be exclusive and compliance with its provisions shall not excuse noncompliance with any federal, state, or other local laws.

(2)

This section is adopted and established pursuant to the specific authority granted to the City of Laguna Woods in Section 7 of Article XI of the California Constitution and California Business and Professions Code Section 26200.

(b)

Definitions. For purposes of this section only, the following definitions shall apply, in addition to those set forth in Section 3.18.030 of this Code:

(05)

Amplified sound shall mean sound whose volume is increased by any electric, electronic, mechanical, or motor-powered means including, but not limited to, amplifiers, megaphones, public address systems, radios, speakers, stereos, and similar equipment.

(10)

Cannabis storefront retailer shall mean any cannabis business that requires a Type 10 (storefront retailer) license from the California Department of Cannabis Control, or successor agency.

(15)

City shall mean the City of Laguna Woods.

(20)

City Manager shall mean the City Manager of the City of Laguna Woods or his/her/their designee.

(25)

Local law enforcement shall mean the Orange County Sheriff's Department, or successor agency.

(30)

Loitering shall have the same meaning as the term is defined in the California Penal Code, as amended from time to time or replaced with a successor statute. As of the date this section was adopted, the definition of "loitering" was set forth in California Penal Code Section 647(h).

(35)

Polystyrene foam shall mean a thermoplastic petrochemical material utilizing the styrene monomer, processed by any number of techniques, including but not limited to, fusion of polymer spheres (expandable bead polystyrene or EPS), injection molding, form molding and extrusion-blow molding (extruded foam polystyrene or XPS).

(40)

Private security shall mean security guards (i) employed by a state-licensed private patrol operator or private security employer to protect persons or property or prevent theft as defined in California Business and Professions Code Section 7582.1, as amended from time to time or replaced with a successor statute, (ii) registered with the California Bureau of Security and Investigative Services, or successor agency, (iii) wearing uniforms clearly and legibly identifying the name of their employer and role as "security" and/or a security guard, and (iv) 21 years of age or over. This chapter does not prohibit security guards from being armed provided that such security guards possess valid California Bureau of Security and Investigative Services (BSIS) Firearms Permits and all applicable laws and regulations are complied with.

(c)

City Permitting Requirements.

(1)

City Permitting Requirements—Generally. No cannabis business shall operate as a cannabis storefront retailer without obtaining and holding in full force and effect a commercial cannabis permit from the City and such other City permits as may be required.

Applications for commercial cannabis permits shall be reviewed for conformance with this section and acted upon administratively by the City Manager. When issued, commercial cannabis permits shall be valid for a period of one year (365 calendar days) or until the date that the commercial cannabis permit is suspended and/or revoked. If any of the information listed in this subsection becomes inaccurate or incomplete during the term of the commercial cannabis permit (e.g., when ownership changes), the commercial cannabis permit shall become invalid and subject to suspension and/or revocation unless and until all inaccurate and/or incomplete information is corrected and furnished to the City, on a form provided by the City, within 15 calendar days of the date the information became inaccurate and/or incomplete. Renewal applications for commercial cannabis permits must be made at least 60 calendar days in advance of the expiration date. In applying for commercial cannabis permits, applicants shall furnish to the City a sworn statement, upon a form provided by the City, setting forth the following information:

a.

The name of the business, including the legal name and any fictitious business names under which the business is to be conducted;

b.

The organizational structure type of the business (e.g., corporation, joint venture, limited liability company, partnership, sole proprietorship, or trust);

c.

The number the business will file federal taxes under (e.g., federal employer identification number, individual taxpayer identification number, social security number, or national identification number);

d.

The legal name, mailing address, telephone number, and email address of the business' primary point of contact for the City during processing of the permit application;

e.

A complete list of every owner of the business, as defined by California Code of Regulations Section 15003, as amended from time to time or replaced with a successor statute, including legal name, mailing address, telephone number, and email address for each;

1.

Proof that at least 51 percent of the business is owned by a single person;

2.

Proof that at least half (50 percent) of the owners of the business (rounded up to the nearest whole person) own or have owned all or part of a business licensed by the State of California as a cannabis storefront retailer for a period of no less than two years (730 calendar days) prior to the date of application, during which time the license was not suspended or revoked;

f.

A notarized statement from each owner of the business acknowledging that they have reviewed, had an opportunity to consult with legal counsel regarding, and agree to comply with this section, Chapter 3.18 of this Code, the City's building and zoning regulations, and all other applicable provisions of this Code and local laws;

g.

A notarized statement from each owner of the business and an authorized representative on behalf of the property owner of record for the parcel(s) where such business is to be carried on, acknowledging and agreeing that the City and its authorized representatives shall, upon showing valid City-issued photo identification if requested, have the right to access and enter the business and the parcel(s) where such business is to be carried on to make reasonable inspections scheduled in advance with either the owner of the business or the property owner of areas of the business and property not open to the public, or unscheduled inspections in areas open to the public (e.g., parking lots), to observe and enforce compliance with this section, Chapter 3.18 of this Code, the City's building and zoning regulations, and all other applicable provisions of this Code and local laws;

h.

A notarized statement from an authorized representative on behalf of the property owner of record for the parcel(s) where such business is to be carried on acknowledging (i) the nature and type of business to be conducted, and (ii) that they have reviewed, had an opportunity to consult with legal counsel, and agree to comply with this section, Chapter 3.18 of this Code, the City's building and zoning regulations, and all other applicable provisions of this Code and local laws;

i.

The legal name, mailing address, telephone number, and email address of the agent for the service of process for the business;

j.

The legal name, mailing address, telephone number, and email address of the agent for the service of process for the property owner of record for the parcel(s) where such business is to be carried on;

k.

A title report for the parcel(s) where such business is to be carried on, completed by a title company within the 120 calendar days prior to the date the application is received by the City;

l.

A map exhibit prepared by professional land surveyor licensed to do business in California based on the title report required by the previous subsection depicting the limits of the parcel(s) where such business is to be carried on, together with the limits of all easements on the property, immediately adjacent public streets and municipal boundary lines, overlaid on a scaled, aerial image of the area taken within the prior two years (730 days), as well as all associated shapefiles in their native electronic format;

m.

Notarized statements by both the primary point of contact for the City during processing of the permit application and the single owner of at least 51 percent of the business reading "Under penalty of perjury, I hereby declare that the information contained within and submitted with this application is complete, true, and accurate. I understand that a misrepresentation of fact is cause for rejection of this application, denial of the permit, and/or suspension or revocation of a permit issued"; and

n.

Any additional information which the City Manager may require.

In applying for renewals of commercial cannabis permits, applicants shall furnish to the City a sworn statement, upon a form provided by the City, setting forth any or all of the information required by this chapter for initial applications for commercial cannabis permits, at the discretion of the City Manager.

An annual application and routine inspection fee in an amount established by resolution of the City Council shall be presented with the sworn statement submitted under this subsection. This fee shall not be considered a tax and may be adjusted from time to time to fully compensate the City for commercial cannabis permit processing-related costs, as well as the cost of up to six routine inspections by the City related to the enforcement of this section, by resolution of the City Council. For the purpose of this subsection, "processing of payments" shall mean all functions and activities that the City determines reasonably necessary to facilitate the acceptance, review, accounting, and deposit of commercial cannabis permit payments including, without limitation, personnel, consultants, transportation, security, and merchant fees incurred by the City. For the purpose of this section, "costs" includes, but is not limited to, indirect, overhead, and interfund costs as lawfully calculated. The City Council may establish separate annual application and routine inspection fees to account for differences in costs associated with the processing of payments made by currency or other payment instrument. In doing so, the City Council reserves the discretion to limit and adjust the types of payments that it will accept and under what terms and conditions.

If two or more initial applications for commercial cannabis permits are received for either the same parcel or parcels that are located within 600 feet of each other, as measured from the outermost boundary lines of the closest parcels, the City shall process the applications sequentially in order of the date and time received. If the earliest application received is determined to be incomplete, the City shall notify that applicant of the need for resubmittal and then begin to process the next sequential application, and so forth. The City shall process resubmittals of initial applications previously determined to be incomplete in the same manner it processes intial applications.

(2)

City Permitting Requirements—Suspension, Revocation, and Non-Renewal. The City Council or City Manager may suspend, revoke, or refuse to renew a commercial cannabis permit for any cannabis storefront retailer that (i) is found to have submitted incomplete, untrue, inaccurate, or otherwise misrepresented information in its application for such permit, or (ii) remains in violation of any provision of this section, Chapter 3.18 of this Code, the City's building and zoning regulations, or any other applicable provision of this Code or local law for a period in excess of 15 calendar days after any owner of the business or agent for the service of process for the business has been notified by the City either personally, in-person, by telephone, or by email, or by posting notice on any entrance to the cannabis storefront retailer. Cannabis storefront retailers shall notify and train employees and other on-site personnel to check for posted notices throughout the hours of operation and to immediately provide such notices to owners of the business and agents for the service of process for the business. During the aforementioned 15 calendar day period, the cannabis storefront retailer may provide the City party who issued the notice of violation with evidence contesting the violation. The City party who issued the notice of violation shall consider such evidence prior to suspending, revoking, or refusing to renew a commercial cannabis permit. A decision of either the City Council or City Manager to suspend, revoke, or refuse to renew a commercial cannabis permit is final and non-appealable.

(3)

City Permitting Requirements—Transferability and Changes in Ownership. Commercial cannabis permits do not run with the land, are particular to a location, and are not transferrable to new cannabis businesses or new locations for existing cannabis businesses.

Any cumulative change in ownership of the business greater than 50 percent from the ownership information provided with the original application for a commercial cannabis permit shall require a new commercial cannabis permit. Cannabis businesses that experience cumulative changes in ownership greater than 50 percent from the ownership information provided with the original application for a commercial cannabis permit must cease to operate immediately upon such change in ownership until such time as a new commercial cannabis permit is issued (if such a permit is issued).

At all times during the term of the commercial cannabis permit, at least half (50 percent) of the owners of the business (rounded up to the nearest whole person) must own or have owned all or part of a business licensed by the State of California as a cannabis storefront retailer for a period of no less than two years (730 calendar days), during which time the license was not suspended or revoked. Commercial cannabis permits shall become subject to suspension and/or revocation if, at any point during a term thereof, ownership changes in a manner that results in less than half of the owners of the business (rounded up to the nearest whole person) meeting this requirement.

(4)

City Permitting Requirements—Insurance and Indemnification. As a condition of approval of any commercial cannabis permit, the business and the property owner of record shall:

a.

Execute an agreement indemnifying the City, its respective elected and appointed boards, officials, officers, agents, employees, and volunteers from any claims, damages, injuries, and liabilities of any kind associated with the permitting or operation of the cannabis storefront retailer, including without limitation, the prosecution of the property owner of record, the cannabis storefront retailer, and/or the cannabis storefront retailer's customers, for violation of federal or state laws;

b.

Maintain insurance in the amounts and types that are acceptable to the City Attorney or his/her/their designee;

c.

Name the City, its respective elected and appointed boards, officials, officers, agents, employees, and volunteers as additionally insured on all City required insurance policies;

d.

Agree to defend, at its sole expense, any action against the City and/or its respective elected boards, appointed boards, officials, officers, agents, employees and/or volunteers related to this section, Chapter 3.18 of this Code, and/or the City's approval of a commercial cannabis permit; and

e.

Agree to indemnify and reimburse the City for any court costs and attorney fees that the City may be required to pay as a result of any legal challenge related to this section, Chapter 3.18 of this Code, and/or the City's approval of a commercial cannabis permit. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the operator of its obligation hereunder.

(5)

City Permitting Requirements—Site Development Permit. In addition to the requirements of this section, cannabis storefront retailers must obtain a site development permit from the City in accordance with Section 13.24.020 of this Code to establish such use. Such site development permit must be obtained prior to or concurrently with the issuance of the first commercial cannabis permit from the City for a particular location. Cannabis storefront retailers shall cease operations immediately if the applicable site development permit has lapsed, been revoked, or is otherwise no longer valid. Cannabis storefront retailers shall comply with the conditions and requirements of applicable site development permits prior to engaging in the on-site, retail sale of cannabis and at all times thereafter.

In addition to other application materials that may be required for site development permits, applicants for site development permits to establish a cannabis storefront retailer use shall submit the following to the City:

a.

A title report for the parcel(s) where such business is to be carried on, completed by a title company within the 120 calendar days prior to the date the application is received by the City;

b.

A map exhibit prepared by professional land surveyor licensed to do business in California based on the title report required by the previous subsection depicting the limits of the parcel(s) where such business is to be carried on, together with the limits of all easements on the property, immediately adjacent public streets and municipal boundary lines, overlaid on a scaled, aerial image of the area taken within the prior two years (730 days), as well as all associated shapefiles in their native electronic format; and

c.

Colorized renderings of all proposed exterior elevations of buildings, facilities, and structures, with a material sample board and print-style color format codes for each paint color (e.g., CMYK, HEX, HSB, or RGB). Any change to the materials and colors approved with a site development permit shall require first obtaining either a new site development permit or amendment thereto.

(d)

State Licensing Requirements. No cannabis business shall operate as a cannabis storefront retailer without obtaining and holding in full force and effect a Type 10 (storefront retailer) license from the California Department of Cannabis Control, or successor agency, and such other state licenses as may be required. While cannabis storefront retailers may hold additional licenses from the California Department of Cannabis Control, or successor agency, only the activities permitted under a Type 10 (storefront retailer) license may be conducted within the City of Laguna Woods.

(e)

Location Requirements. A cannabis storefront retailer may only operate on a site that meets all of the requirements listed below in this subsection at the time its application for a new commercial cannabis permit is determined to be complete by the City. For the purpose of this subsection, "site" shall include, both individually and collectively, all of the parcels on which the cannabis storefront retailer will operate.

(1)

The site is designated "Commercial" in the Laguna Woods General Plan;

(2)

The site is zoned as "Community Commercial" or "Professional and Administrative Office" in this Code;

(3)

The size and boundary lines of the parcel(s) on which the site is located have not been modified within the prior year (365 calendar days);

(4)

The site contains no nonconforming uses or structures;

(5)

The site takes access exclusively from public streets within the majority jurisdiction of the City. This subsection is not intended to preclude accessibility from private streets, but rather, to ensure that all adjacent or adjoining public streets are within the majority jurisdiction of the City. For the purpose of this subsection, no portion of Avenida de la Carlota, Laguna Hills Drive, Paseo de Valencia, or Ridge Route Drive shall be considered to be within the majority jurisdiction of the City;

(6)

The site's driveways providing ingress or egress to public streets, if any, are constructed in accordance with County of Orange OC Public Works Department Standard Plan #1209. To the extent that reconstruction of driveways and/or adjacent sidewalks is required to comply with this subsection, such reconstruction shall be undertaken (i) at no cost to the City, (ii) after obtaining all necessary City permits and permits from other government agencies, and (iii) in accordance with the terms and conditions of all City permits required to conduct work on, or reconstruct, property under the control, operation, or management of the City (if applicable). To the extent that such reconstruction results in all or a portion of any driveway or adjacent sidewalk extending beyond the City's existing public street easements or right-of-way, the property owner of record of the applicable parcel(s) shall grant to the City an irrevocable public street easement for that part of the driveway and adjacent sidewalk;

(7)

Alcoholism or Drug Abuse Recovery or Treatment Facilities. The site is not located within 600 feet of a parcel on which an "alcoholism or drug abuse recovery or treatment facility," as defined in California Health and Safety Code Section 11834.02, as amended from time to time or replaced with a successor statute, is located, as measured from the outermost boundary lines of the closest parcels;

(8)

Cannabis Storefront Retailers. The site does not contain any other cannabis storefront retailers and is not located within 600 feet of a parcel on which another cannabis storefront retailer is located, as measured from the outermost boundary lines of the closest parcels;

(9)

Day Care Centers. The site is not located within 600 feet of a non-residential zoned parcel on which a child care-infant center, child care center, child care center preschool, or family child care home licensed by the California Department of Social Services is located, as measured from the outermost boundary lines of the closest parcels;

(10)

Emergency Shelters. The site is not located within 600 feet of a parcel on which an "emergency shelter," as defined in California Health and Safety Code Section 50801, is located, as measured from the outermost boundary lines of the closest parcels;

(11)

Housing. The site does not contain any existing housing units;

(12)

Permanent Supportive Housing. The site is not located within 600 feet of a parcel on which "supportive housing," as defined in California Health and Safety Code Section 50675.14, as amended from time to time or replaced with a successor statute, is located, as measured from the outermost boundary lines of the closest parcels;

(13)

Public Libraries. The site is not located within 600 feet of a parcel on which a public library, which is under the control, operation or management of the County of Orange, is located, as measured from the outermost boundary lines of the closest parcels;

(14)

Public Recreational Facilities. The site is not located within 600 feet of a parcel on which a community center, park, playground, pool, sports court, sports field, or similar recreational facility (excluding parcels on which the predominant use is a golf course), which is under the control, operation or management of the City, County of Orange, City of Aliso Viejo, City of Irvine, City of Laguna Beach, or City of Laguna Hills, is located, as measured from the outermost boundary lines of the closest parcels;

(15)

Schools. The site is not located within 600 feet of a parcel on which an institution of learning for minors, whether public or private, which offers in-person instruction in grades Kindergarten through 12 in those courses of study required by the California Education Code, and is licensed by the California Board of Education, as measured from the outermost boundary lines of the closest parcels. This includes kindergarten, elementary, junior high, senior high or any special institution of learning under the jurisdiction of the California Department of Education, but does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college or university; and

(16)

Potential Very Low, Low, and/or Moderate Housing. The site is not identified in the City's existing General Plan Housing Element, or any General Plan Housing Element under review by the State of California, as a potential housing site with realistic development capacity to accommodate very low, low, and/or moderate income housing units.

For the purpose of subsections (e)(7)-(15) herein, such uses shall be deemed to exist if (i) currently operating, or (ii) the City has issued a commercial cannabis permit and/or has issued any building permit for the initial construction or improvement thereof and such permit is valid.

Cannabis storefront retailers shall either be:

(A1)

The only occupant of the parcel(s) on which they are located unless the parcel(s) is (are) owned by the cannabis storefront retailer (as substantiated by the title report required by subsection (c)(1) herein), in which case there may be additional occupants provided that none of the other occupants are any of the uses identified in subsections (e)(7)—(15) herein, nor do any of the other occupants sell, dispense, distribute, or store alcoholic beverages either at the time of the issuance of the first commercial cannabis permit from the City or at any point thereafter. Where specified, portions of this section apply to both the cannabis storefront retailer and all other uses on the parcel(s); or

(A2)

One of multiple occupants of the parcel(s) on which they are located if (i) the interior space occupied by the cannabis storefront retailer does not share a ventilation system with any other interior space not occupied by the cannabis storefront retailer, (ii) the property owner enters into an agreement with the City agreeing to apply subsections (f)(8), (f)(11), (f)(13), and (f)(15)d.—h. herein to all occupants and the entirety of the parcel(s) on which the cannabis storefront retailer is located, and (iii) none of the other occupants are any of the uses identified in subsections (e)(7)—(15) herein, or sell, dispense, distribute, or store alcoholic beverages, either at the time of the issuance of the first commercial cannabis permit from the City or at any point thereafter, and the property owner enters into an agreement with the City agreeing to enforce these prohibitions until such time as a commercial cannabis permit is no longer in effect for its parcel(s). Where specified, portions of this section apply to both the cannabis storefront retailer and all other uses of the parcel(s).

(f)

Operations Requirements. Prior to engaging in the on-site, retail sale of cannabis and at all times thereafter, cannabis storefront retailers shall comply with all of the following operations requirements, in addition to all other applicable requirements of this Code:

(1)

Alcoholic Beverages.

a.

Cannabis storefront retailers shall not engage in the sale, dispensing, distribution, or storage of alcoholic beverages.

b.

Cannabis storefront retailers shall actively monitor and prevent the consumption, sale, dispensing, distribution, or storage of alcoholic beverages on the parcel(s) on which they are located. For the purpose of this subsection, "actively monitor" shall include, but not be limited to, employing and training private security to actively identify violations of this subsection. For the purpose of this subsection, "prevent" shall include, but not be limited to, making timely reports to local law enforcement.

(2)

Amplified Sound.

a.

Cannabis storefront retailers shall not use amplified sound on - or in a manner audible - on the exterior of the cannabis storefront retailer, in any interior area of any other occupant of the same parcel(s), or in any interior area accessible in common by any person or other business. This subsection shall not apply to (i) computers, telephones, and other equipment when amplified sound is only audible to individuals wearing earbuds, earphones, or similar personal, wearable technology or (ii) alarms and similar warning systems. For the purpose of this section, amplified sound shall be deemed to be audible on exterior areas including, but not limited to, when doors or windows are open even temporarily in such a way that amplified sound emanating from the cannabis storefront retailer is audible immediately outside such door or window.

b.

Cannabis storefront retailers shall actively monitor and prevent their officials, officers, agents, employees, volunteers, associates, customers, visitors, and passersby, whether invited or not, from using amplified sound on - or in a manner audible - on the exterior of the cannabis storefront retailer, in any interior area of the any other occupant of the same parcel(s), or in any interior area accessible in common by any person or other business. This subsection shall not apply to (i) computers, telephones, and other equipment when amplified sound is only audible to individuals wearing earbuds, earphones, or similar personal, wearable technology or (ii) alarms and similar warning systems. For the purpose of this subsection, "actively monitor" shall include, but not be limited to, employing and training private security to actively identify violations of this subsection including, but not limited to, amplified sound emanating from vehicles in the parking lot. For the purpose of this subsection, "prevent" shall include, but not be limited to, making timely reports to local law enforcement when such amplified sound can be reasonably construed to violate California Penal Code Section 415, as amended from time to time or replaced with a successor statute, and requiring that other violators immediately leave the parcel(s) on which the cannabis storefront retailer is located.

When cannabis storefront retailers are located in multi-occupant buildings, minimum noise prevention practices shall also include, but not be limited to, the following:

1.

Providing the City and all other occupants with one or more telephone numbers that is (are) answered 24 hours a day, seven days a week, to receive and immediately cause to be addressed noise complaints from any occupant.

c.

Notwithstanding the other requirements of this subsection and Code, and with the exception of live announcements and alarms and similar warning systems, amplified sound used in interior areas of cannabis storefront retailers (e.g., background music) shall not exceed a noise level of 40 d(B)A as measured by an instrument meeting the American National Standard Institute's Standard S1.4-1971 for Type 1 or Type 2 Sound Level Meters or an instrument and the associated recording an analyzing equipment that will provide equivalent data.

(3)

Cannabis Consumption and Use. Cannabis storefront retailers shall actively monitor and prevent the consumption or use of cannabis on the parcel(s) on which they are located. This includes, but is not limited to, the consumption or use of cannabis by their officials, officers, agents, employees, volunteers, associates, customers, visitors, and passersby, whether invited or not, for any purpose, whether purchased from the cannabis storefront retailer or not, and the prohibition of any samples of cannabis for on-site consumption for any purpose. For the purpose of this subsection, "actively monitor" shall include, but not be limited to, employing and training private security to actively identify violations of this subsection. For the purpose of this subsection, "prevent" shall include, but not be limited to, making timely reports to local law enforcement and at minimum all of the following:

a.

Posting at each entrance and exit to the cannabis storefront retailer a clear and legible notice in each of the languages for which the California Voting Rights Act requires the County of Orange to translate elections materials stating that the consumption or use of cannabis on the parcel(s) (including, specifically, in the building(s) and parking lot(s)) is illegal and that violators will be reported to local law enforcement; and

b.

Not selling or distributing food or beverages, or encouraging the same. This includes, but is not limited to, providing food establishment or restaurant-type facilities (e.g., coffee stations, cooking equipment or devices, or dining areas), foodware accessories or condiments, food or drink vending machines, or food trucks, except that cannabis storefront retailers may provide complimentary water drinking fountains, water, and ice for use and consumption by all persons, as well as break room and kitchenette space for its employees only. Break room and kitchenette space for employees shall be access controlled in a manner that prevents unauthorized entry by non-employees.

(4)

City Regulatory Meetings. Upon request, cannabis storefront retailers shall participate in meetings with the City Manager and his/her/their invitees on a quarterly or more frequent basis to review and discuss commercial cannabis permit requirements, security concerns, complaints received, and other matters determined at the discretion of the City Manager. The time, place, and manner of such meetings, as well as the required attendance (management and/or ownership), shall be determined at the discretion of the City Manager.

(5)

Classes, Seminars, and Workshops. Cannabis storefront retailers may offer classes, seminars, workshops, and similar educational events related to cannabis but only in fully enclosed, interior spaces on the parcel(s) on which they are located, and provided such educational events do not require event licenses from the state Department of Cannabis Control, or successor agency. For the purpose of this subsection, art classes, exercise classes, meditation classes, sound baths, sporting, yoga classes, and similar events shall not be considered educational events related to cannabis. Educational events related to cannabis shall not include (i) mixers, social hours, or similar gatherings of a predominantly social or networking nature, or (ii) any of the live entertainment or entertainment devices identified in subsection (f)(14) unless specifically noted.

(6)

Criminal Activity Notifications. Cannabis storefront retailers shall immediately report to local law enforcement any known or suspected crime occurring on the parcel(s) on which the cannabis storefront retailer is located including, but not limited to, burglary or theft of any cannabis or cannabis product, and disturbances of the peace. This obligation to report extends to both employees of cannabis storefront retailers and private security employed by cannabis storefront retailers. Such persons shall be trained on this obligation to report.

(7)

Deliveries.

a.

Cannabis storefront retailers may deliver cannabis to customers provided such deliveries occur only as permitted by each cannabis storefront retailer's Type 10 (storefront retailer) license from the California Department of Cannabis Control, or successor agency, and applicable state and local laws.

b.

Cannabis storefront retailers shall schedule incoming deliveries of cannabis and cannabis products intended for future retail sale to occur outside of peak hours of operation within the hours of seven a.m. and ten p.m., Monday through Sunday, unless the parcel(s) on which they are located is (are) located within 600 feet of a residential zoned parcel, as measured from the outermost boundary lines of the closest parcels, in which case deliveries shall be scheduled to occur outside of peak hours of operation within the hours of eight a.m. and eight p.m., Monday through Sunday.

(8)

Design and Development Standards. In addition to the design and development standards found elsewhere in this Code, the following shall not exist or occur on any site on which a cannabis storefront retailer operates:

a.

Bars, whether on or over doors, windows, or other surfaces, installed on the exterior;

b.

Blinds, curtains, shades, or other window coverings installed on the exterior;

c.

Cardboard, foil, or paper window coverings;

d.

Roll-up or rolling exterior doors;

e.

Chain link, plastic, vinyl, or woven wire fencing or gates including, but not limited to, fencing or gates of any kind with plastic or vinyl privacy inserts, with the exception of temporary fencing during construction when permitted by the City;

f.

Barbed tape, barbed wire, wire, razor wire, and similar security treatments on the interior or exterior;

g.

Balloons, confetti, feather flags, inflatable tubes, pennants, streamers, and similar decorations on the exterior;

h.

Electrical conduits or raceways visible from the exterior, whether such electrical conduits or raceways are located on the interior or exterior;

i.

Polyvinyl chloride (PVC) pipe visible from the exterior, whether such PVC pipe is located on the interior or exterior;

j.

Unfinished metal or wood surfaces on the exterior;

k.

Fluorescent, luminescent, neon, or sparking exterior paint or colors on the exterior;

l.

Marker, paint, or chalk on any exterior window pane;

m.

More than one color of glass within any single exterior window;

n.

More than two colors on any single exterior building wall;

o.

Light box exterior signs;

p.

More than two colors on any single exterior sign;

q.

Neon tubing visible from the exterior, whether such neon tubing is located on the interior or exterior;

r.

Laser lighting visible from the exterior, whether such laser lighting is located on the interior or exterior;

s.

Lighting that intentionally or knowingly flashes, blinks, moves, rotates, or revolves on the interior or exterior;

t.

Lighting colors other than white on the exterior, with the exception of internally illuminated permanent signs;

u.

Hanging lanterns on the exterior;

v.

Rope or string lighting visible from the exterior, whether such rope or string lighting is located on the interior or exterior;

w.

Landscaping that contains more than ten percent decomposed granite, gravel, mulch, rock, sand, or similar non-vegetated landscape material, except to the extent groundcover or other vegetation is also planted that will conceal at least 90 percent of the non-vegetated material upon maturity.

(9)

Drive-Through Facilities. Cannabis storefront retailers shall not use drive-through facilities (e.g., canopies intended to shield vehicle-based transactions, order stations, menu boards, queuing lanes, or windows and related facilities) in their operation nor provide any such facilities on-site. Compliance with this subsection requires the removal of drive-through facilities associated with previous drive-through uses and the integration of former queuing lane areas into the site in a manner that can reasonably be seen to discourage loitering and outdoor queuing, as well as illegal, criminal, and nuisance activities.

(10)

Events. Cannabis storefront retailers shall not be eligible to apply for any event licenses from the state Department of Cannabis Control, or successor agency, for cannabis events occurring within the City of Laguna Woods.

(11)

Graffiti. Cannabis storefront retailers shall remove graffiti from space that they occupy within 24 hours after any owner or agent for the service of process has been notified by the City either personally, in-person, by telephone, or by email, or by posting notice on any entrance to the cannabis storefront retailer. Cannabis storefront retailers shall notify and train employees and other on-site personnel to check for posted notices throughout the hours of operation and to immediately provide such notices to owners and agents for the service of process. For the purpose of this subsection, "remove graffiti" shall mean returning the surface to which graffiti was applied to its previous condition, including matching its color and texture to adjacent surfaces in a manner that is generally indistinguishable when viewed by an average person at a distance of ten feet. Cannabis storefront retailers may wish to use anti-graffiti coatings to aid in compliance with this subsection.

(12)

Hours of Operation. Cannabis storefront retailers shall not engage in the on-site, retail sale of cannabis nor be open to any member of the public outside of the hours of six a.m. to ten p.m., Monday through Sunday, unless the parcel(s) on which they are located is (are) located within 600 feet of a residential zoned parcel, as measured from the outermost boundary lines of the closest parcels, in which case cannabis storefront retailers shall not engage in the on-site, retail sale of cannabis nor be open to any member of the public during the hours for which the maximum exterior noise level (dB(A)) established by Section 7.08.060 of this Code for the residential parcel(s) located within 600 feet is lower than at any other time of the day, as may change from time to time. For the purpose of this section, all on-site retail sales transactions must be complete by the closing hours specified in this subsection.

(13)

Lighting Repair. Cannabis storefront retailers shall repair misdirected, malfunctioning or inoperable exterior lights, including lighting associated with permanent signs, on space that they occupy, within 48 hours after any owner or agent for the service of process has been notified by the City either personally, in-person, by telephone, or by email, or by posting notice on any entrance to the cannabis storefront retailer. Cannabis storefront retailers shall notify and train employees and other on-site personnel to check for posted notices throughout the hours of operation and to immediately provide such notices to owners and agents for the service of process. Cannabis storefront retailers may wish to maintain a supply of replacement lighting fixtures, bulbs, and related components to aid in compliance with this subsection.

(14)

Live Entertainment and Entertainment Devices.

a.

Cannabis storefront retailers shall not use live entertainment in any part of their operation on the parcel(s) on which they are located. This includes, but is not limited to, animals, auctioneers, bands, celebrity appearances (except to the extent educational and related to cannabis per subsection (f)(5) herein), comedians, dancers, disc jockeys, musicians, performers, and trivia masters, as well as communal gatherings such as art exhibitions, competitions, gaming, movie screenings (except to the extent educational and related to cannabis per subsection (f)(5) herein), sporting, and viewing parties.

b.

Cannabis storefront retailers shall not use arcade games, board games, billiard tables, card games, carnival games, disc jockey equipment, gaming consoles, immersive reality technology (e.g., augmented reality and virtual reality), karaoke machines, musical instruments, table games, or similar entertainment devices in their operation on the parcel(s) on which they are located. Compliance with this subsection requires that no entertainment devices be present within any space occupied by the cannabis storefront retailer.

(15)

Loitering and Outdoor Queuing. Cannabis storefront retailers shall actively monitor and prevent persons from loitering on the parcel(s) on which they are located. For the purpose of this subsection, "actively monitor" shall include, but not be limited to, employing and training private security to actively identify violations of this subsection. For the purpose of this subsection, "prevent" shall include, but not be limited to, making timely reports to local law enforcement and at minimum all of the following:

a.

Posting at each entrance and exit to the cannabis storefront retailer a clear and legible notice in each of the languages for which the California Voting Rights Act requires the County of Orange to translate elections materials stating that loitering on and around the parcel(s) is prohibited by California Penal Code Section 647(e), as amended from time to time or replaced with a successor statute, and that violators will be reported to local law enforcement;

b.

Ensuring that any reception or screening areas through which persons must pass to gain access to the retail area of the cannabis storefront retailer contain sufficient space and seating to accommodate at least 20 percent of the maximum California Building Standards Code-permitted occupancy of the retail area, rounded up to the nearest whole person (e.g., if the maximum occupancy of the retail area is 52 persons, reception or screening areas must contain space and seating for at least 11 persons);

c.

Requiring that persons wishing to gain access to the retail area of the cannabis storefront retailer for whom there is insufficient room in reception or screening areas to accommodate immediately leave the parcel(s) on which the cannabis storefront retailer is located (unless patronizing another occupant of the parcel(s)) and return in no less than 2 hours unless the cannabis storefront retailer has provided individual notification to them via telephone, text message, or email that there is now sufficient room in reception or screening areas;

d.

Providing no outdoor seating, whether temporary or permanent, nor any retaining walls, ornamental fixtures, or similar features at a height of 18 to 36 inches with a width greater than five inches, which are located within 100 feet of any entrance or exit to the cannabis storefront retailer and can reasonably be seen to accommodate or encourage seating, with such determination of reasonability made by the City Manager;

e.

Providing no fireplaces, fire pits, fire rings, open flames, or similar devices, whether temporary or permanent, on the exterior of the cannabis storefront retailer;

f.

Providing no ornamental water features, whether temporary or permanent, on the exterior of the cannabis storefront retailer;

g.

Providing no shade canopies, shade structures, or umbrellas, whether temporary or permanent, on the exterior of the cannabis storefront retailer; and

h.

Providing no entertainment devices, as described in subsection (f)(14) herein, on the exterior of the cannabis storefront retailer.

(16)

Minors. Cannabis storefront retailers shall actively monitor and prevent persons under the age of 21 from being allowed within the cannabis storefront retailer, except as otherwise specifically provided for by state law. For the purpose of this subsection, "actively monitor" shall include, but not be limited to, employing and training private security to actively identify violations of this subsection. For the purpose of this subsection, "prevent" shall include, but not be limited to, making timely reports to local law enforcement and at minimum all of the following:

a.

Not employing or allowing any person under the age of 21 to volunteer, apprentice, or otherwise work or provide services on behalf of the cannabis storefront retailer on the parcel(s) on which they are located;

b.

Posting at each entrance to the cannabis storefront retailer a clear and legible notice in each of the languages for which the California Voting Rights Act requires the County of Orange to translate elections materials stating that no person under the age of 21 may enter the cannabis storefront retailer except as specifically provided for by state law;

c.

Posting at each exit to the cannabis storefront retailer a clear and legible notice in each of the languages for which the California Voting Rights Act requires the County of Orange to translate elections materials stating that the secondary sale, barter, or distribution of adult-use cannabis is prohibited by state law and that violators will be reported to local law enforcement; and

d.

Verifying the age of every person, other than employees, private security and persons conducting official business on behalf of the City, requesting to enter the retail area of the cannabis storefront retailer with an electronic age verification device that scans government-issued photo identification, and by matching government-issued photo identification to a person's appearance, prior to granting each and every such entry. The electronic age verification device may be mobile or fixed, and shall produce a log of all scans that includes the following minimum information: date, time, name, and age. Said log shall be retained on a cloud-based server or otherwise off-site for at least 180 calendar days. For persons under the age of 21 allowed within the cannabis storefront retailer, an additional log shall be maintained matching the electronic age verification log with the provision of state law allowing such entry.

(17)

Odor Control. Cannabis storefront retailers shall develop, implement, and actively monitor systems and practices to contain cannabis and cannabis-related odors within the cannabis storefront retailer. No cannabis or cannabis-related odor shall be detectable on the exterior of the cannabis storefront retailer, in any interior area of any other occupant of the same parcel(s), or in any interior area accessible in common by any person or other business. Such minimum odor control systems and practices shall include, but not be limited to, the following:

a.

Using an exhaust air filtration system with odor control that prevents internal cannabis and cannabis-related odors from being emitted externally, or an air system that creates negative air pressure between the cannabis storefront retailer's interior and exterior; and

b.

Applying weather stripping under and around exterior doors (entire door jamps with appropriate door sweeps and thresholds at bottoms) and between sashes and frames of exterior windows in manners that do not interfere with normal operation thereof.

When cannabis storefront retailers are located in multi-occupant buildings, minimum odor control systems and practices shall also include, but not be limited to, the following:

aa.

Sealing cracks and gaps in floors, walls, and around conduit and pipes with silicone or similar material; and

bb.

Providing the City and all other occupants with one or more telephone numbers that is (are) answered 24 hours a day, seven days a week, to receive and immediately cause to be addressed odor complaints from any occupant.

(18)

Outdoor Activities. Cannabis storefront retailers are prohibited from using any exterior area for display, storage, or special events, the latter as defined by Section 7.20.020 of this Code, subject only to the exemptions set forth in sections 7.20.180(c) and (g) of this Code, except as provided herein. This subsection is not intended to preclude temporary uses as may be allowed by Chapter 13.10 of this Code or the display of signage as may be allowed by Chapter 13.20 of this Code, except as otherwise provided herein.

(19)

Overnight Parking. Cannabis storefront retailers shall actively monitor and prevent vehicles not belonging to employees or used regularly for the delivery of cannabis products on behalf of the cannabis storefront retailer to park at the cannabis storefront retailer between the hours of ten p.m. and five a.m. daily. For the purpose of this subsection, "actively monitor" shall include, but not be limited to, employing and training private security to actively identify violations of this subsection, including conducting an on-site inspection at least every 60 minutes during the hours of ten p.m. and five a.m. daily and maintaining detailed records to substantiate the same. For the purpose of this subsection, "prevent" shall include, but not be limited to, making timely reports to local law enforcement, and installing signage, expeditiously posting notices, and towing vehicles in a manner consistent with the California Vehicle Code and other applicable laws. This requirement may alternatively be met by restricting access to the parking lots between the hours of ten p.m. and five a.m. daily through the use of locking, permanent barrier gates; locking, ground-sleeved, removable bollards; or, similar access control systems that are configured in a manner that does not prohibit timely ingress/egress by emergency response vehicles, with such determination made by the City with input from local law enforcement and the Orange County Fire Authority, or successor agency, to the extent the latter two agencies elect to participate. The use of cones, delineators, portable barricades, tape, or similar temporary traffic control devices does not satisfy this requirement.

a.

Locking, permanent barrier gates; locking, ground-sleeved removable bollards; and, similar access control systems shall be color coordinated with adjacent walls and fencing or, if none, with the building, to provide for as uniform an appearance as possible.

b.

Locking, permanent barrier gates; locking, ground-sleeved, removable bollards; and, similar access control systems that obstruct access to parking from an accessway or driveway from a public street shall be set back at least 18 feet from the nearest public street right-of-way line.

c.

When locking, ground-sleeved, removable bollards or similar access control systems are used to satisfy this requirement, they shall be stored inside the cannabis storefront retailer at all times when not in use.

(20)

Product Packaging. Cannabis storefront retailers shall not provide customers with any cannabis product in disposable packaging, wrappers, or similar casings made of polystyrene foam.

(21)

Security Measures. In addition to complying with this section, cannabis storefront retailers shall develop, implement, and actively monitor security measures sufficient to protect the health, safety, and welfare of officials, officers, agents, employees, volunteers, associates, customers, visitors, passersby, and all other persons who may enter, cross over, or otherwise interact with parcel(s) on which they are located, whether invited or not, at all times and on all days, regardless of the cannabis storefront retailer's hours of operation or any other factor. Such minimum security measures shall include, but not be limited to, the following:

a.

Installing and maintaining a monitored commercial burglar alarm monitoring system with a feature timely notifying local law enforcement of any intrusions or alarm triggers, which shall at a minimum include all doors and windows and motion within areas containing cash or cannabis products when the cannabis storefront retailer is unattended;

b.

Installing and maintaining a video surveillance system which shall continuously record (i) the immediate exterior of the buildings, (ii) all entrances and exits to the buildings and rooms in which cash is regularly stored, (iii) all fixed point of sale locations or at least every 20 feet throughout the entirety of the retail sales area if transactions are accepted in non-fixed locations, (iv) all driveways or other vehicle access points to the parking lots at locations and with lighting sufficient to clearly identify lawfully installed and maintained vehicle license plates, (v) the fence lines between the parcel(s) and any immediately adjacent residential zoned parcel(s) in a manner that does not record any interior residential activities, and (vi) the driver's side and front passenger's side of each designated curbside delivery parking space (if any), at all times. Footage from such video surveillance systems shall be retained on a cloud-based server or otherwise off-site for at least 90 calendar days;

c.

Posting (i) at each entrance and exit to the cannabis storefront retailer, (ii) at each driveway entrance to the cannabis storefront retailer, (iii) on each parking space-fronting side of each parking lot light pole (if any) whether located in dedicated or shared parking lots, and (iv) in front of each designated curbside delivery parking space (if any), a clear and legible notice in each of the languages for which the California Voting Rights Act requires the County of Orange to translate elections materials indicating the presence of the video surveillance system. For driveway entrances, parking lot light poles, and designated curbside delivery parking spaces, this requirement may alternatively be met by posting at those same locations a clear and legible, two-color icon of a video surveillance camera on a metal placard measuring at least 12 inches x 12 inches;

d.

Ensuring that all exterior lights (excluding lighting permitted by the City with permanent signs, which shall be required to comply with such permitting, and motion activated lighting) remains illuminated at least from dusk until dawn each day;

e.

Providing private security to actively monitor and prevent illegal, criminal, and nuisance activities, and activities inconsistent with this section, at all times when the cannabis storefront retailer is engaged in the retail sale of cannabis, open to any member of the public, accepting deliveries, occupied by one or more employees, and for at least one hour after each day's end of retail sale of cannabis;

f.

Storing all cannabis products in one or more secured and locked rooms, safes, vaults, or similar repositories, and in a manner as to prevent diversion, theft, and loss, except for limited amounts of cannabis products used for display purposes and/or immediate sale;

g.

Limiting the amount of cash that is present on-site at any single time and storing cash that is present, but not necessary to store in registers or other point-of-sale devices for reasonably anticipated business needs, in one or more time-triggered safes, vaults, or similar repositories where access is only possible after a pre-set period of time not less than ten minutes elapses after the required credentials are provided, and in a manner as to prevent diversion, theft, and loss;

h.

Posting at each entrance and exit to the cannabis storefront retailer, a clear and legible notice in each of the languages for which the California Voting Rights Act requires the County of Orange to translate elections materials indicating the presence of the time-triggered cash repository; and

i.

Installing and maintaining on-site backup generator (including automatic transfer switches), or similar on-site energy source, that is of sufficient capacity and maintained in such condition as to be readily capable of powering all commercial burglar alarm monitoring systems, video surveillance systems (including associated lighting), telephone systems, access controls, and cash repositories (to the extent connected to building power) for a period of no less than two hours of continuous use when regular energy systems as provided by the local utility company to the cannabis storefront retailer are inoperable, interrupted, or otherwise experiencing shortages, and without the need for manual switching from local utility to generator power.

1.

More than one on-site backup generator or similar on-site energy source may be installed to serve a single cannabis storefront retailer in order to meet the requirements of this subsection.

2.

On-site backup generators and similar on-site energy sources shall be architecturally integrated into one or more concealing structures or otherwise screened from view from public right-of-way and residential properties by landscaping, topography, roofs, or walls. Roofs shall be color coordinated with underlying walls, if any, and with the building, to provide for as complimentary an appearance as possible. Walls shall be made of solid, split face or stuccoed, concrete masonry units that are color coordinated with adjacent walls and fencing or, if none, with the building, to provide for as uniform an appearance as possible. When walls are used to enclose all sides of on-site backup generators or similar on-site energy sources, locking doors shall be installed to prevent unauthorized entry, as well as motion activated interior (under roof) lighting. Doors shall be color coordinated with adjacent walls to provide for as uniform an appearance as possible. Landscaping shall be used to substantially screen walls over 30 inches in height.

3.

On-site backup generators and similar on-site energy sources shall set back at least 40 feet from any residential zoned parcel and 20 feet from any non-residential zoned parcel, as measured from the outermost boundary lines of the closest parcels, and at least ten feet from any public street easement or right-of-way.

4.

Aside from periodic maintenance and testing, on-site backup generators and similar on-site energy sources shall only be operated when regular energy systems as provided by the local utility company to the cannabis storefront retailers are inoperable, interrupted, or otherwise experiencing shortages. Maintenance and testing shall only occur within the hours of eight a.m. and eight p.m., Monday through Friday, excluding federal holidays.

(22)

Tobacco and Tobacco Cigarettes. Cannabis storefront retailers shall not engage in the sale, dispensing, distribution, or storage of tobacco or tobacco cigarettes.

(23)

Visible Products and Promotions. Cannabis storefront retailers shall not display or place any cannabis product or any other product, or advertisement or promotional display thereof, in a manner in which it is wholly or partially visible from the exterior of any cannabis storefront retailer.

(24)

Waste and Recycling—Battery Recycling. Cannabis storefront retailers that sell, dispense, or distribute batteries shall comply with the battery recycling requirements of Chapter 4.22 of this Code, regardless of the amount of annual gross sales.

(25)

Waste and Recycling—Receptacles. Cannabis storefront retailers shall store all waste and recycling receptacles for collection - as the number and type may change from time-to-time to meet on-site needs or comply with applicable law - in trash enclosures enclosed by a roofed structure with opaque walls and access point(s), as well as motion activated interior (under roof) lighting. Unless such service is not offered by the City's solid waste handling services franchisee, all waste and recycling receptacles for collection shall be collected at least three times weekly by the City's solid waste handling services franchisee and remain locked when not actively attended by an employee thereof or an employee of the City's solid waste handling services franchisee.

a.

Trash enclosures shall not be used for any purpose other than to store all waste and recycling receptacles or collection.

b.

Trash enclosures used by cannabis storefront retailers shall not be used by any other occupant of the parcel(s) on which the cannabis storefront retailers are located nor any other person.

c.

Trash enclosure roofs shall be made of solid corrugated metal painted with rust-inhibitive paint and color coordinated with underlying walls/access points and with the building, to provide for as complimentary an appearance as possible. Walls shall be made of solid, split face or stuccoed, concrete masonry units that are color coordinated with adjacent walls and fencing or, if none, with the building, to provide for as uniform an appearance as possible. Doors and other access points shall be color coordinated with adjacent walls to provide for as uniform an appearance as possible. Landscaping shall be used to substantially screen walls.

d.

Trash enclosures may have an open air gap between roofs and underlying walls/access points provided such gap does not exceed 14 inches. For the purpose of this subsection, metal screens and similar stationary, non-opaque elements installed between roofs and underlying walls/access points shall not be considered open air gaps when the openings in such stationary, non-opaque elements do not exceed one inch x one inch.

e.

An accessible path of travel that complies with California Building Standards Code requirements must be provided between trash enclosures and the cannabis storefront retailer.

(g)

Obligation to Maintain. Where this section requires the construction, erection, installation, posting, placement, or use of any tangible item, there also exists an obligation for the same to be kept clean, complete, and in good structural and functional working order, and to not be allowed to fall into a state of disrepair, damage, or decrepitude.

(h)

Business Tax Rate. In accordance with Chapter 3.18 of this Code, the tax rate to which cannabis businesses holding a Type 10 (storefront retailer) license from the California Department of Cannabis Control, or successor agency, shall be subject is the higher of the two following tax rates:

(1)

A minimum tax rate of ten percent of gross receipts received or generated for each monthly reporting period; or

(2)

$35.00 per square foot of floor area (annual tax rate) prorated monthly to 1/12 of the annual tax rate amount.

(i)

Violations and Penalties.

(1)

This section may be enforced in any manner set forth in this Code, or as otherwise provided by law.

(2)

All remedies and penalties prescribed by this section or which are available under any other provision of this Code and any other provision of law or equity are cumulative. The use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this section.

(3)

Any person who violates any provision of this section shall be guilty of a separate offense for each and every day, or any portion thereof, of which any violation of any provision of this section is committed, continued, or permitted by such person, and shall be punishable as misdemeanor or an infraction, at the discretion of the City Manager and/or City Attorney, and except as otherwise set forth below, the following penalties shall apply:

a.

Penalty for Misdemeanor Violation. Any person convicted of a misdemeanor under any provision of this section shall be punishable by a fine of not more than $1,000.00, or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment.

b.

Penalty for Infraction Violation. Any person convicted of an infraction under any provision of this section shall be punished by:

1.

A fine not exceeding $100.00 for a first violation;

2.

A fine not exceeding $200.00 for a second violation of the same provision within one year; and

3.

A fine not exceeding $500.00 for a third violation and for any additional violation of the same provision within one year.

(4)

Violations Deemed to be a Public Nuisance. In addition to any penalties otherwise imposed, any violation of the provisions of this section is deemed to be a public nuisance which may be abated in the manner provided by law for the abatement of nuisances.

(5)

Attorneys' Fees and Court Costs. In addition to any civil and criminal penalties as provided by the provisions of this section or otherwise, the City may recover reasonable attorneys' fees and court costs, and other such expenses of litigation and/or prosecution as it may incur by appropriate lawsuit against the person found to have violated any provisions of this section.

(j)

City Manager's Authority. In addition to all other authority provided by state law, the City Council, and this Code, the City Manager shall have the following authority:

(1)

For purposes of administration and enforcement of this section generally, the City Manager may from time to time promulgate such administrative interpretations, rules, and/or procedures consistent with the purpose, intent, and express terms of this section as the City Manager deems necessary to implement or clarify such provisions or aid in enforcement.

(2)

The City Manager may delegate to, or enter into contracts with, public agencies or private entities to implement, administer, and/or enforce any of the provisions of this section on behalf of the City.

(3)

The City Manager may file complaints and reports with the California Department of Cannabis Control, or successor agency, and other state agencies, regarding known or suspected unlicensed or illegal activity by or related to cannabis or cannabis businesses.

(Ord. No. 08-01, § 3, 9-17-2008; Ord. No. 12-07, § 2, 10-17-2012; Ord. No. 17-05, § 5(Exh. A), 5-17-2017; Ord. No. 23-01, § 3(Exh. A), 8-16-2023; Ord. No. 25-01, § 3(Exh. A), 3-19-2025)

(a)

Legislative Purpose. The Medical Marijuana Regulation and Safety Act ("MMRSA") provides that, if a city does not have land use regulations or ordinances regulating or prohibiting the cultivation of marijuana, either expressly or otherwise under principles of permissive zoning, by March 1, 2016, then the State will be the "sole licensing authority" for medical marijuana cultivation in that city. (California Health and Safety Code § 11362.777(c)(4).) The City's permissive zoning regulations (set forth in Section 13.02.060 of this Code) currently prohibit commercial marijuana cultivation in all of the City's zoning districts. As the City does not intend for the State to be the sole licensing authority for marijuana cultivation in its jurisdiction, this section clarifies and supplements the City's existing land use regulations prohibiting commercial marijuana cultivation.

(b)

Exemption for Marijuana Cultivation for Certain Use. This section only applies to commercial marijuana cultivation. A medical marijuana cultivation activity that qualifies for the exemption set forth in subdivision (g) of Section 11362.777 of California Health and Safety Code or a personal marijuana cultivation activity that qualifies for the exemption set forth in subdivision (a) of Section 11362.1 of the California Health and Safety Code, as those statutes may be amended from time to time, are exempt from this section. This exemption does not limit or prevent the City from regulating or prohibiting indoor and outdoor marijuana cultivation (including cultivation for personal use) that is not being conducted in accordance with State and local laws related to land conversion, grading, electricity usage, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters, or from adopting, amending, or replacing local laws for the same.

(c)

Definitions. All definitions set forth in Section 13.16.025 of this Title 13, as amended from time to time, shall apply under this section.

(d)

Prohibition. Commercial marijuana cultivation is expressly prohibited in all zoning districts throughout the City, regardless of whether the marijuana is used for medical or non-medical purposes. A State license for the cultivation of marijuana does not entitle the licensee to engage in commercial marijuana cultivation within City limits.

(e)

Public Nuisance. Commercial marijuana cultivation within City limits shall be, and is hereby declared to be, a public nuisance and may be summarily abated by the City pursuant to California Code of Civil Procedure § 731 or any other remedy available at law.

(f)

Civil Penalties. In addition to any other enforcement permitted by this section, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person who violates any provision of this section. In any civil action that is brought pursuant to this section, a court of competent jurisdiction may award civil penalties and costs to the prevailing party.

(Ord. No. 16-01, § 3, 1-20-2016; Ord. No. 17-06, § 5(Exh. A), 7-19-2017)

(a)

Legislative purpose. It is the intent of the City of Laguna Woods to allow marijuana delivery services by persons lawfully permitted under state law to transport and deliver marijuana within the boundaries of the City, to facilitate the medical and non-medical uses of marijuana by persons who desire to avail themselves of state law policies permitting the same, but only under strict compliance with existing state law governing marijuana dispensaries, marijuana deliveries and cultivation, and state law and regulations as they may evolve under the Compassionate Use Act (CUA), the Medical Marijuana Program Act (MMPA), the Medical Marijuana Regulation and Safety Act (MMRSA), and the Control, Regulation, and Tax Adult Use of Marijuana Act (Proposition 64), as each of those statutes and their corresponding regulations are adopted and amended from time to time. In so doing, the City attempts to reconcile the advancing state policy regarding liberalization of marijuana cultivation, transport, distribution, and use, while still avoiding the offsite and other public impacts of permanent commercial cultivation or marijuana dispensary facilities within the City's jurisdiction, to protect the public health, safety, and welfare of the residents.

(b)

Definitions. All definitions set forth in Section 13.16.025 of this Title 13, as amended from time to time, shall apply under this section.

(c)

State-licensed marijuana deliveries permitted. Marijuana delivery services lawfully operating from locations outside the City's jurisdiction are permitted to deliver marijuana to customers, qualified patients, and primary caregivers within the City, provided the marijuana delivery service has any and all necessary state licenses and is operating in a manner consistent with state law.

(d)

Public Nuisance. Marijuana delivery services within City limits that do not comply with state law or this chapter shall be, and are hereby declared to be, a public nuisance and may be summarily abated by the City pursuant to California Code of Civil Procedure § 731 or any other remedy available at law.

(e)

Civil Penalties. In addition to any other enforcement permitted by this section, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person who violates any provision of this section. In any civil action that is brought pursuant to this section, a court of competent jurisdiction may award civil penalties and costs to the prevailing party.

(Ord. No. 17-05, § 5(Exh. A), 5-17-2017)

In any district which permits residential uses, a housing incentive use permit application to permit more dwelling units than allowed by zoning, and/or establish special site development standards, may be approved subject to the provisions of this section for the purposes of facilitating affordable and/or senior citizen housing developments.

(1)

Purpose and intent. The purpose of these regulations is: (1) to establish a procedure to grant certain incentives for developers of affordable and/or senior citizen housing projects; and (2) to enumerate any exclusions and required findings.

(2)

Procedure. A housing incentive use permit application shall be processed in compliance with and subject to the provisions and requirements of this Code. Approval of any housing incentive use permit application shall be by the Planning Commission.

a.

The approval of any housing incentive use permit application shall result in the granting of either: (1) a density bonus above existing zoning and one additional incentive, if necessary, or (2) a financial equivalent. When a housing incentive use permit application has been approved, the density bonus, or other incentives specified by the use permit shall be in addition to the applicable zoning district regulations during the period of validity of the use permit. Planning and development of the subject property may proceed in compliance with applicable standards with, or without a density bonus.

b.

A "density bonus compliance plan" shall be approved concurrently with the housing incentive use permit by the Planning Commission. This compliance plan must stipulate the terms of the affordability or occupancy requirements for the duration of the restrictions upon the housing development. Compliance with the terms of this compliance plan will be monitored on a regular basis by the City of Laguna Woods.

c.

Approval action does not constitute a guarantee or commitment on the part of the City of Laguna Woods that other required approval actions for the project will be granted.

(3)

Exclusions. A housing incentive use permit shall not be approved when it would result in the following:

a.

Multiple-family uses on a site zoned only for single-family uses.

b.

An increase in dwelling units above the maximum permitted by a zoning condition of approval or a General Plan amendment condition of approval when such condition states that the maximum number of units includes all density bonuses.

(4)

Required findings. A housing incentive use permit application may be approved only after the Planning Commission has made the following findings:

a.

All of the findings required for approval of a use permit.

b.

The use permit does not constitute an additional density bonus where increased density has been approved to facilitate affordable and/or senior citizen housing as part of a previous land use element amendment, zone change or use permit.

c.

The number of dwelling units permitted by the use permit is compatible with existing and planned infrastructure facilities.

d.

Adequate evidence exists to indicate the development of the property in compliance with this use permit will result in the provision of on-site affordable housing or senior citizen housing in the manner consistent with the purpose and intent of these regulations.

e.

The granting of the incentive(s) will not impose an undue financial hardship on the City.

If it is determined that an additional incentive is unnecessary, the Planning Commission shall make the following written finding: The granting of an additional incentive is not necessary to make the project economically feasible to provide affordable or senior citizen housing.

(Ord. No. 03-03, § 5(18.60.020), 4-16-2003)

(a)

Purpose and intent. This section is intended to provide incentives for the production of housing for specified types of households in accordance with the State of California's "Density Bonus Law," California Government Code §§ 65915 through 65918, as amended or superseded, and relevant portions of California Senate Bill 330, the "Housing Crisis Act of 2019," as amended, superseded, or repealed. In enacting these provisions, it is the intent of the City to facilitate the development of affordable housing and to implement the goals, policy objectives, and programs of the housing element of the City's General Plan.

(b)

Applicability. This section shall apply to projects qualifying for density bonuses, incentives or concessions, waivers or reductions of development standards, and/or parking ratios provided for by California Government Code § 65915, as amended or superseded.

(c)

Definitions. For the purpose of this section, the following definitions shall apply:

(05)

Affordable housing development means any housing development that meets the criteria set forth in California Government Code § 65915(b) and (c), as amended or superseded.

(10)

Affordable dwelling unit means a dwelling unit within a residential development project that is offered for sale at an affordable housing cost, as defined in California Health and Safety Code § 50052.5 (as amended or superseded), or offered for rent at an affordable rent, as defined in California Health and Safety Code § 50053 (as amended or superseded), to persons and families of extremely low, very low, lower, or moderate income.

(15)

Child care facility shall have the same meaning as the term "childcare facility" is defined in California Government Code § 65915(h), as amended or superseded.

(20)

Density bonus shall have the same meaning as the term is defined in California Government Code § 65915(f), as amended or superseded.

(25)

Density bonus housing agreement means a written agreement between the City and an applicant for a density bonus, incentive or concession, waiver or reduction of development standards, and/or parking ratio pursuant to this section that contains specific requirements that run with the land and are recorded against the property(ies) to ensure the continuing affordability of housing included in the housing development.

(30)

Development standard shall have the same meaning as the term is defined in California Government Code § 65915(o)(l), as amended or superseded.

(35)

Housing development shall have the same meaning as the term is defined in California Government Code § 65915(i), as amended or superseded.

(40)

Incentive or concession shall have the same meaning as the terms are defined in California Government Code § 65915(k), as amended or superseded.

(d)

California Government Code § 65915 adopted by reference. California Government Code § 65915 (and any future amendments thereto), a copy of which may be obtained from the City Clerk for use and examination by the public, is adopted and incorporated herein by reference as if fully set forth herein.

(e)

Processing of bonus request.

(1)

Density bonus housing agreement required. Housing development projects that include a request for a density bonus, incentive or concession, waiver or reduction of development standards, and/or parking ratio pursuant to this section shall require the approval of a density bonus housing agreement, which shall be approved by the Director, provided, however, that in no event shall Director withhold approval of a density bonus, incentive or concession, waiver or reduction of development standards, and/or parking ratio to which an affordable housing development is entitled to under state law.

(2)

Timelines for processing density bonus request.

Initial review for completeness. The Director shall notify the applicant whether the application for a density bonus, incentive or concession, waiver or reduction of development standards, and/or parking ratio is complete within 30 days of filing the application, in a manner consistent with California Government Code § 65943. An application for a density bonus shall be processed concurrently with other required entitlements (such as conditional use permits and subdivision maps), if applicable.

Director's determination. The Director shall notify the applicant within 90 days of the filing of the application whether the housing development project qualifies for the density bonus, incentive or concession, waiver or reduction of development standards, and/or parking ratio. This notification shall provide the applicant with a determination as to each of the matters listed in California Government Code § 65915(a)(3)(D)(i).

Consistency with state law. If the processing timelines in this section exceed any applicable processing timeline in state law (such as the "Permit Streamlining Act," California Government Code § 65920 et seq., or the "Housing Accountability Act," California Government Code § 65589.5), the timeline in state law shall prevail.

(3)

Criteria to be considered. Criteria to be considered in analyzing a request for a density bonus, incentive or concession, waiver or reduction of development standards, and/or parking, ratio shall not exceed the requirements of California Government Code § 65915(k), as amended or superseded. Criteria that applies to all of these requests is generally set forth in California Government Code § 65915(b) and (c). Additional criteria for a density bonus are generally set forth in California Government Code § 65915(f) and (g). Additional criteria for incentives or concessions are generally set forth in California Government Code § 65915(d). Additional criteria for waivers or reductions of development standards are generally set forth in California Government Code § 65915(e). Additional criteria for parking ratios are generally set forth in California Government Code § 65915(p).

(4)

The applicant shall enter into a density bonus housing agreement and any other agreements or covenants necessary to maintain and enforce the affordable housing component of the housing development.

(5)

Required documents. All applications for a density bonus, incentive or concession, waiver or reduction of development standards, and/or parking ratio must include the following information:

a.

A description of the housing development project, including the number of dwelling units, the number of affordable units and level of affordability, and the location of the affordable units;

b.

The specific incentive(s) and/or concession(s) sought, if any, and reasonable documentation confirming the incentive and/or concession is necessary in order to provide affordable dwelling units;

c.

The specific waiver or reduction to development standard(s), if any, and reasonable documentation confirming the waiver and/or reduction is necessary in order to provide affordable dwelling units, including documentation demonstrating that the City's development standards physically preclude the utilization of a density bonus;

d.

For parking ratio requests, that the requirements of this section are met;

e.

The proposed method of ensuring the continued affordability of all low, very low, or moderate units, or senior units, transitional foster youth, disabled veterans, homeless, or child care facilities, that qualified the applicant for the award of the density bonus for at least 55 years, as required by California Government Code § 65915(c)(1);

f.

For the application for a density bonus for the donation of land, the application must show the location of the land in addition to including sufficient information to establish that each requirement of California Government Code § 65915(g)(2) has been met;

g.

The application for a density bonus for a development that includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project (California Government Code § 65915(b)), shall show the location and square footage of the child care facility in addition to including sufficient information as how the applicant proposes to regulate attendance at the child care facility to conform to the requirements of California Government Code § 65915(h)(2)(B).

h.

Other relevant information requested by City staff, a list of which shall remain on file in the office of the City Clerk for use and examination by the public.

i.

An application for a density bonus shall be accompanied by the fee set by resolution of the City Council.

(Ord. No. 18-03, § 3(Exh. A), 2-21-2018; Ord. No. 20-02, § 3, 9-16-2020; Ord. No. 21-05, § 3, 12-15-2021)

Editor's note— Ord. No. 25-01, § 3(Exh. A), adopted March 19, 2025, repealed the former 13.26.050. The former § 13.26.050 pertained to animal hospitals and clinics and derived from Ord. No. 03-03, § 5(18.60.030), adopted April 16, 2003.

Child day care facilities/day care nurseries serving more than 14 persons may be permitted in any district or specific plan area where this use is not otherwise identified as a permitted use, subject to the approval of a use permit by the Planning Commission.

(Ord. No. 03-03, § 5(18.60.040), 4-16-2003)

Community care facilities and large family day care homes shall be permitted in any district or specific plan area zoned for residential uses and shall be regarded as a single-family dwelling for purposes of zoning and land use regulations.

(Ord. No. 03-03, § 5(18.60.050), 4-16-2003; Ord. No. 23-02, § 3(Exh. A), 8-16-2023)

(a)

Purpose and intent. The purpose of this section is to provide standards and criteria for regulating the conversion of duplex of multiple-family dwelling units, including units in a rental mobile home park, to residential condominium, stock cooperative and community apartment types of ownership; for determining when such conversions are appropriate; to provide for the public health, safety and general welfare; to provide adequate off-street parking and to mitigate any hardship caused by the displacement of tenants.

(b)

Application of provisions. The provisions and procedures of this section shall apply to all conversions of existing duplex and multiple-family dwelling rental units to residential condominiums, stock cooperatives and community apartments notwithstanding any other provisions of this code or any planned community ordinance.

(c)

Standards. Conversion projects shall conform to the standards and requirements applicable to the district in which the proposed project is located at the time of approval.

(d)

Application requirements. Each application for conversion project shall be accompanied by the following in addition to the standards filing requirements for a use permit application:

(1)

An engineering report on the general condition of all structural, electrical, plumbing, and mechanical elements of the existing development including noise insulation, and the estimated cost of repair or improvements, if any. Said report shall be verified, dated and signed by the Director and be made available to prospective buyers.

(2)

A complete mailing list of all tenants occupying the subject property and two corresponding sets of stamped addressed envelopes. Within 15 days after the filing of the application, the Director shall notify each tenant of the application, forward a copy of the above required engineering report, and list of procedures to be followed. The Director shall mail a notice of public hearing at least 15 days before the hearing to each tenant on the mailing list.

(3)

Each application for a conversion project shall be accompanied by a housing program. Said program shall include, but not be limited to the following:

a.

The means by which the provision of affordable housing will be achieved;

b.

A housing report addressing the balance of housing in the community analysis area, including vacancy rates and other available housing of similar type and rent, the current rents and estimated monthly payments and fees of the units to be converted, and all improvements and/or renovations contemplated;

c.

As applicable, the estimated costs for movement of each mobile home to an available reasonably comparable space;

d.

A survey of existing tenants as to their length of occupancy, the number of those who will purchase one of the units; and

e.

A relocation plan that identifies the steps that will be taken to ensure the successful relocation of each tenant in the event that the conversion takes place. The relocation plan shall also state what specific relocation assistance existing tenants will be given, including the cost of physical moving, first and last months' rent, security and cleaning deposits, phone connection and utility deposits. Particular consideration shall be given to the elderly, handicapped, families with children, and other tenants who may encounter difficulty in finding a new residence.

(4)

Tenant provisions.

a.

The property owner shall provide tenants a 90-day preemptive right to purchase a unit or right of exclusive occupancy upon more favorable terms and conditions than those on which such unit or share will be initially offered to the general public. Such right shall be irrevocable for a period of 90 days after the commencement of sales and notification of the tenant of such right.

b.

The property owner shall provide all tenants a minimum of 180 days advance notice of the termination of their tenancy, except that one year notice be provided for units in a mobile home park. Each application for conversion shall include assurance that this requirement will be satisfied.

(Ord. No. 03-03, § 5(18.60.060), 4-16-2003)

(a)

Congregate care facilities shall be permitted in any district or specific plan area zoned for either multifamily residential or hotels subject to the approval of a use permit by the Planning Commission.

(b)

Equivalent dwelling unit counts for congregate care facilities shall be determined by the following table. The consequent unit counts are to be subtracted from the total number of allowed dwelling units for a planned community or specific plan area, and will also determine consistency with area per dwelling unit zoning limitations.

(c)

Density bonuses may be granted to congregate care facilities in residentially zoned areas in the same manner that they may be granted to standard residential projects per the housing element.

(Ord. No. 03-03, § 5(18.60.070), 4-16-2003)

(a)

In any district and specific plan areas, where a single-family unit exists on a parcel zoned for such purposes, the property owner may apply to establish a guesthouse or second residential unit (one per building site), not to exceed a maximum of 30 percent of the existing living area when attached to the main residential building or a maximum of 1,200 square feet in floor area when detached.

(b)

These units, which may be either attached to the main structure or detached, shall be located so as not to encroach into any setback area required of the principal use. One additional uncovered parking space per the standards set forth in this Code is required.

(Ord. No. 03-03, § 5(18.60.080), 4-16-2003)

State Law reference— Second units in single-family and multifamily residential zones, Government Code § 65852.1 et seq.

If compatible with the purpose and intent of the applicable zoning district, heliports/helistops are allowed subject to a use permit approved by the Planning Commission. All heliports/helistops are subject to review by the Airport Land Use Commission and FAA and State Division of Aeronautics regulations. Additionally, if approved, heliports/helistops located in residential areas shall not operate between the hours of 9:00 p.m. to 7:00 a.m. unless otherwise provided for by the required use permit. However, emergency medical flights are exempted from this restriction.

(Ord. No. 03-03, § 5(18.60.090), 4-16-2003)

(a)

Purpose and intent. The purpose and intent of this section is to set reasonable requirements regulating the type and operation of home occupations within residential districts to ensure that there are no negative impacts on surrounding properties. This section shall not apply to employees providing domestic help for the household, such as childcare, gardening, cooking, cleaning, medical, disability, or other personal assistance, or similar duties. An example of a home occupation includes but is not limited to a home office for administrative or professional services.

(b)

Limitations of use. A home occupation shall be subject to the following standards and limitations:

(1)

The home occupation shall be an incidental and accessory use and shall not change the principal character of the primary use/dwelling unit.

(2)

The home occupation shall not employ, either paid or unpaid, persons who are not bona fide residents of the dwelling unit.

(3)

The home occupation shall be conducted solely within the residential structure and shall not operate outdoors or within an appurtenant structure, including garage (whether attached or detached), patio, balcony or carport.

(4)

No signage, advertising structures, outdoor storage, customer parking, or other exterior evidence of the conduct of the home occupation is allowed. Neither the dwelling nor the lot shall be altered so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations, or characteristics.

(5)

The home occupation shall be limited to one room of the dwelling unit or 25 percent of the gross floor area of the dwelling unit; whichever is less.

(6)

The home occupation shall not produce, or use in its operation any hazardous, combustible, chemicals or other materials that pose a potential fire or health hazard, nor shall these items be stored or maintained on site.

(7)

Tools and equipment used in the conduct of the home occupation shall be those which do not generate smoke dust, noise, odors, or vibration beyond that typical to the residential use. The home occupation shall not cause increased use of utilities or communication facilities beyond that normal to the use of the property for residential purposes.

(8)

Vehicular, delivery or pedestrian traffic to the home occupation shall not be greater than that normal for the community in which the home occupation is conducted.

(9)

Home occupations involving the handling of food must have all the proper permits and inspections required by the County of Orange Health Care Agency.

(10)

This section relates to allowable home occupations to the extent that they comply with the City Zoning Code. Compliance with the City's Code does not eliminate the requirement for additional permits or approval of any other applicable Federal, State or local agency.

(11)

The resident shall obtain all necessary approvals from his homeowner's association prior to initiating a home occupation.

(c)

Prohibited uses. The following uses are prohibited as home occupations:

(1)

Escort or dating service;

(2)

Fortuneteller;

(3)

Masseur/masseuse; in which clients are seen in the provider's home;

(4)

Medical, dental or similar occupations in which patients are seen in the provider's home;

(5)

Automotive repair, storage or other automobile services;

(6)

Automobile sales and leasing;

(7)

Junkyards, scrap metal recycling;

(8)

Barber or beauty services, in which clients are seen in the provider's home;

(9)

Carpentry or cabinet making;

(10)

Bed and breakfast operations (see land use designations);

(11)

Firearm repair, maintenance and sales;

(12)

Construction storage yards;

(13)

Equipment rentals yards; and

(14)

Similar uses that may have a negative impact to the surrounding land uses as determined by the Community Development Director.

(d)

Enforcement. Any violations of this section shall be subject to the enforcement remedies and penalties provided by this Code and by State and Federal law. It shall be a misdemeanor by this Code to engage in a home occupation that violates the standards established by this chapter.

(e)

Criminal penalties. It is illegal to use, engage in a home occupation in violation of this section. Any violation or failure to comply with the provisions of this section shall render a person guilty of a misdemeanor each day the violation continues to exist, and any such person shall be punished in accordance with the provisions of this Code or other remedies provided by law.

(f)

Administrative remedies. In addition to the criminal penalties prescribed in this section, other remedies, as prescribed in Laguna Woods Code Section 1.04.010, may be imposed for violations of this section.

(Ord. No. 03-03, § 5(18.60.100), 4-16-2003)

(a)

The following regulations shall apply to all mobile homes and mobile home developments where such uses are permitted by the provisions of the base district.

(b)

The regulations of this section shall apply to all new mobile home developments and to the expansion of existing developments. These regulations are established so that mobile home developments may be evaluated under conditions that will ensure their compatibility with other permitted uses in the district.

(1)

Use permit required. When permitted by applicable zoning district regulations, mobile home developments are permitted subject to the approval of a use permit and in compliance with the provisions of this section.

(2)

Number of mobile homes. The number of mobile home dwelling units permitted is the same as the maximum number of dwelling units permitted by the applicable district regulations.

(3)

Site development standards.

a.

Setbacks. Per the applicable district regulations.

b.

Off-street parking. As required by this Code, except as follows: two parking spaces for each mobile home dwelling unit.

c.

Required parking. Required parking spaces shall be within 200 feet of the mobile home they serve. Required spaces may be in tandem when the approving authority finds there are adequate guarantees that each of the two tandem spaces will remain available and accessible for the same dwelling unit.

d.

Additional guest parking, as follows:

1.

One parking space for each four mobile home dwelling units.

2.

Mobile homes shall not be farther than 300 feet from a guest parking space.

(4)

Screening and landscaping. Opaque screening and landscaping treatment continuously along the perimeter of the development shall be provided per this Code in a manner compatible with existing surrounding development.

(5)

Design criteria. Each development shall be designed in compliance with the following criteria:

a.

Circulation. Vehicular and pedestrian ways shall be separate, and adequate sight distance and warning information shall be maintained wherever such ways intersect.

b.

Trash and refuse storage. Where individual trash pickup is not provided, common trash storage areas shall be provided as follows:

1.

Mobile homes shall not be located further than 100 feet from a trash storage area.

2.

Each trash and refuse storage area shall be within a totally enclosed structure with a minimum height of six feet.

(6)

Exceptions. When the approving authority finds that any of the regulations of Subsections (b)(3) and (b)(4) of this section are excessive when applied to a specific mobile home development, or that there are special circumstances applicable to the subject property that cause any of these regulations to be unnecessary or inappropriate, an exception or deviation from such regulations may be approved as part of the use permit for the mobile home development.

(Ord. No. 03-03, § 5(18.60.110), 4-16-2003)

State Law reference— Zoning regulation of mobile home parks, Government Code § 65852.7.

Each mobile home installed on its own building site shall comply with the requirements of this section.

(1)

Installation standards. Each mobile home installation shall comply with the following standards:

a.

Each mobile home installation shall comply with the site development standards for single-family dwelling in the applicable zoning district.

b.

Each mobile home shall be placed on a foundation system. The foundation shall be either:

1.

A solid concrete or masonry wall under the outside perimeter of the mobile home; or

2.

Piers or other open construction meeting the requirements of the currently effective City building codes, combined with skirting placed around the outside wall of the mobile home in such a manner that the exterior siding appears to start at ground level.

(2)

The exterior siding of the mobile home shall be similar in appearance to the siding material customarily used in conventionally built single-family dwellings.

(3)

The roof:

a.

Material shall be of fire-retardant composition shingles, tile, or treated wood shingles;

b.

Shall have a pitch similar in appearance to roofs of the same material on single-family dwellings in the neighborhood;

c.

Shall be of a color that is not in conflict with existing structures in the vicinity; and

d.

Shall have an eave and gable overhang of not less than 12 inches, measured perpendicularly from the vertical side of the mobile home.

(4)

The exterior siding and roof materials of the garage or carport shall appear to be the same as the mobile home siding/roof materials.

(5)

When an enclosed garage is not provided, each mobile home installation shall have a separate, fully enclosed accessory structure with not less than 160 cubic feet of storage area.

(Ord. No. 03-03, § 5(18.60.120), 4-16-2003)

State Law reference— Zoning restrictions on the placement of manufactured homes, Government Code § 65852.4 et seq.

In addition to the required setbacks, pens, cages, and other structures specifically for keeping animals, other than in the residence, shall be located at least 25 feet from any residential window located on an adjoining building site. Exceptions to the above may be provided for by an approved use permit.

(Ord. No. 03-03, §5(18.60.140), 4-16-2003; Ord. No. 25-01, § 3(Exh. A), 3-19-2025)

In addition to the requirements for each district, the following procedure and standards are applicable to the construction, establishment and maintenance of any multiple-family residential project consisting of five or more dwelling units in any district in which they are permitted. The procedure and standards are not applicable to single-family and to multiple-family projects of four or less dwelling units, or to housing developed as a principal use in the Residential High Density, Residential Low Density, Residential Medium Density, or Residential Medium-Low Density overlay zoning districts.

(1)

Prior to the issuance of a building permit or a grading permit, a site development permit shall be approved by the Planning Commission.

(2)

The Planning Commission may approve or conditionally approve an application for a multiple-family site development permit in compliance with the public hearing and use permit procedures required by this Code, after having determined that, in accordance with any necessary conditions, the project will comply with all applicable regulations of the district in which the property is located, and with all of the following additional standards and requirements:

a.

All of the infrastructure facilities shall be adequate to serve the project when all conditions are complied with, without overloading such facilities to the detriment of other uses in the vicinity.

b.

Ingress and egress between the project and abutting streets shall be adequate to serve the project and shall be in compliance with the standard plans, as amended.

c.

Open space and recreation facilities shall be sufficient to serve the needs of the occupants and shall be in compliance with applicable City standards for open space and recreation.

d.

Parking areas shall be well-lighted and shall be situated in such a manner that entrances to individual parking spaces, garages and carports will be commonly visible from dwelling units. Parking areas and facilities shall be situated in a manner that will make them more convenient for occupants to use than on-street parking.

e.

Solid waste disposal stations shall be provided within Enclosed areas that will be conveniently accessible for all dwelling units and for trash pickup trucks.

f.

Any additional features necessary to comply with City standards, such as screening, sound attenuation, architectural design, etc., shall comply with applicable City standards and regulations.

(3)

Each multiple-family project shall be established and maintained in compliance with the approved site development permit.

(Ord. No. 03-03, § 5(18.60.150), 4-16-2003; Ord. No. 25-01, § 3(Exh. A), 3-19-2025)

(a)

Single room occupancy (SRO) facilities shall be permitted in any district or specific plan area zoned for hotels subject to the approval of a use permit by the Planning Commission.

(b)

SRO facilities shall be treated as nonresidential uses.

(c)

In the absence of findings as set forth in alternatives to off-street parking requirements, SRO parking standard shall be one-half space for each guest unit, plus one space for each employee.

(d)

A management plan shall be submitted as part of the use permit application for review and approval by the Planning Commission. The management plan shall contain management policies, operations, emergency procedures, security program, rental procedures, maintenance plans, and staffing needs.

(e)

An on-site, 24-hour manager is required in every SRO project. In addition, a single manager's unit shall be provided which shall be designed as a complete residential unit, and be a minimum of 225 square feet in size.

(Ord. No. 03-03, §5(18.60.160), 4-16-2003)

(a)

Purpose and intent. The purpose and intent of this section is to ensure conformance with zoning regulations; ensure compatibility with community character and aesthetics; and promote and protect public health, safety and welfare by regulating temporary uses in order to ensure that they do not cause detrimental effects to City property and services, surrounding properties, the environment and the community.

(b)

Permit required. Each person or entity wishing to conduct a temporary use shall first apply for and obtain a "temporary use permit" from the City. No permit issued under the provisions of this section shall be transferable to another location or permittee.

(c)

Application requirements. Application materials and processing shall be as prescribed by the City, and shall include but not be limited to the following:

(1)

A land use permit application form, including a complete project description and site plan.

(2)

Signature of the owner or authorized agent of the property on which the temporary use is proposed to occur.

(3)

A legal description of the property furnished on a copy of a recorded grant deed.

(4)

A completed environmental checklist, as required by the City's CEQA Guidelines.

(5)

A description of any temporary utilities, fencing and/or landscaping.

(6)

If any grading or construction will occur on the site:

a.

A copy of a title report, current to within six months of the date the application is submitted.

b.

Existing and proposed building/structure elevations to scale in accordance with application instructions.

c.

Floor plans drawn to an easily readable architectural scale showing existing and proposed conditions.

(7)

If occurring on or in public-right-of-way, an approved encroachment permit.

(8)

Identification of a contact person or persons affiliated with the person or entity conducting the temporary use, with authority to respond to issues, questions, or concerns with the conduct of the temporary use, or compliance with the terms of the temporary use permit.

(9)

Application fees as may be prescribed by resolution of the City Council.

(c)

Inspection by government officials. The City Manager shall have the right to enter temporary uses, unannounced, for the purpose of making reasonable inspections to observe and enforce compliance with this section and any applicable laws or regulations.

(d)

Denial or revocation. The City Manager may deny or revoke a temporary use permit if any of the following are found to exist. Such denial or revocation shall become effective immediately upon order, and the City Manager may upon such order take any of the enforcement actions authorized under Section 13.02.160 of this title.

(1)

The temporary use conflicts with this section or any other local law or regulation.

(2)

The applicant fails, neglects, or otherwise refuses to fulfill one or more of the conditions imposed upon the granting of the permit.

(3)

The permit was obtained in a fraudulent manner.

(4)

The temporary use will substantially disrupt public transportation or vehicular or pedestrian traffic, in the area of its location.

(5)

The ability of persons to enter or exit properties impacted by the temporary use will be unreasonably disrupted considering factors such as the duration, size and scope of the temporary use.

(6)

The temporary use is proposed to be located, or is located, in or upon a premises, building or structure, substantially lacking adequate parking to accommodate both the event and the "day to day" use of the property.

(7)

The temporary use will require the diversion of police, fire, public works or other City services from normal duties, so as to unreasonably reduce adequate levels of service to any other portion of the City.

(8)

The temporary use will have a substantial adverse impact on public health, safety or welfare, including but not limited to the environment.

(9)

The City shall not issue permits to persons or entities with outstanding civil fines for violations of any kind, unless such fines are being appealed in accordance with the provisions of this Code.

(10)

Any other reason deemed by the City Manager in the exercise of reasonable discretion to be necessary to protect public health, safety or welfare.

(e)

Special conditions. Conditions may be placed on the issuance of temporary use permits to accomplish the purpose and intent of this section, at the sole cost and responsibility of the applicant. Such conditions may include, but not be limited to:

(1)

The duration of the temporary use.

(2)

Provision of adequate facilities for pedestrian and vehicular ingress and egress, and parking.

(3)

Provision of adequate lighting or security systems or measures to assure public safety.

(4)

Provision of on-site facilities for waste, recycling, or litter, or the requirement for regular litter removal, cleaning, dust suppression, or maintenance and repair activity to assure the site of, and the facilities constructed or used in connection with, the temporary use do not create an eyesore or nuisance.

(5)

Posting of a bond, deposit, or other form of security in an amount reasonably estimated to be necessary to assure the removal of any facilities, signs, or improvements associated with the temporary use which are required to be removed at the expiration of the permit.

(f)

General restrictions. Temporary uses shall be restricted as follows unless otherwise noted herein:

(1)

As provided herein, the City Manager may issue a temporary use permit for a maximum of six months for the initial permit term and two additional six month permit terms. Subsequent renewals and temporary uses for periods of longer than 18 months shall require approval by the City Council and issuance of a conditional use permit. At his or her sole discretion, the City Manager may require City Council approval and/or issuance of a conditional use permit for any temporary use.

(2)

Use of the City seal is prohibited without prior written approval from the City Manager.

(g)

Special restrictions. The following temporary uses shall be restricted as follows:

(1)

Temporary construction trailers and facilities may be permitted for the duration of active construction on a given development project proceeding under a valid, active building, grading and/or encroachment permit.

(2)

Stationary food carts may be permitted only when associated with "big box" retailers. Food carts shall be limited to locations on the premises of warehouse type retailers (e.g. Home Depot, Sam's Club) as an accessory service for customers and employees. A food cart may not block pedestrian or automobile circulation and must be removed when not in use. Carts must meet all County of Orange Health Care Agency, Orange County Fire Authority and other regulatory agency requirements.

(3)

Temporary real estate offices and related signs may be established within the area of an approved tentative tract map or parcel map, or offsite upon a showing of good cause, subject to the discretion of the City Manager, to be used solely for the first sale of homes or the first rental of apartments in projects of 20 or more units within the same tract, subject to the provisions of this section.

a.

Building site not required. Notwithstanding the provisions of the Subdivision Code, the parcel of land on which a temporary real estate office is established is not required to be a building site provided that the parcel is precisely described.

b.

Permitted structures and facilities. The following structures and facilities may be permitted in conjunction with the establishment of a temporary real estate office:

1.

Model homes in compliance with the zoning regulations applicable to the properties that are being sold.

2.

Garages, attached and detached, in compliance with the zoning regulations applicable to the properties that are being sold.

3.

Temporary sales office buildings, or commercial coach.

4.

Accessory buildings and structures in compliance with the zoning regulations applicable to the properties that are being sold.

5.

Recreation facilities that will be a permanent portion of the subdivision in compliance with the zoning regulations applicable to the properties being sold.

6.

Permanent streets and driveways that will be part of the subdivision after the abandonment of the real estate office use.

7.

Temporary children's playgrounds.

8.

Temporary and permanent fencing, walks and structural amenities.

9.

Temporary vehicle parking and maneuvering area to provide off-street parking as necessary for employees and guests.

10.

Temporary vehicle access ways.

(h)

Temporary signs. Subject to the City Manager's approval, temporary signs directly associated with a temporary use may be permitted by a temporary use permit at no additional charge to the applicant. Evaluation of requests for approval will consider site constraints, sight line considerations and the protection of public health, safety and welfare. Temporary signs must comply with Chapter 13.20 of this Code; however the City Manager may exercise discretion on the placement of temporary signs, provided that they comply with Section 13.20.030 of this Code. Temporary signs permitted by a temporary use permit shall not count toward the applicant's maximum number of temporary signs allowed under Chapter 13.20 of this Code.

(i)

Appeals. Any decision regarding the approval, approval with conditions, denial, or revocation of a temporary use permit may be appealed to the City Council. Said appeal shall be made by a notice of appeal from the person appealing within 30 days from the date of the decision. The appeal shall be accompanied by a fee, which shall be established by resolution of the City Council, and a written declaration setting forth the basis for the claim that the permit was improperly approved, denied, conditioned or revoked. Filing of an appeal shall suspend the issuance or effectiveness of the associated site development permit until action is taken on the appeal.

(j)

Relationship. Nothing in this section is in any way intended to limit or excuse any person from having to comply with any other provision of this Code.

(k)

Compliance disclaimer. This section is not intended to be exclusive and compliance with its provision shall not excuse noncompliance with any other local laws or regulations, or federal or state laws or regulations.

(Ord. No. 03-03, § 5(18.60.170), 4-16-2003; Ord. No. 03-08, 11-19-2003; Ord. No. 11-07, § 4, 12-7-2011)

(a)

In addition to the requirements for each district, the following requirements are applicable to the construction, establishment and maintenance of transfer/materials recovery facilities. These requirements are provided in an effort to facilitate responsible development of transfer/materials recovery facilities, resulting in the reduction of solid waste entering County landfills.

(b)

If compatible with the purpose and intent of the applicable zoning district, a transfer/material recovery facility is allowable subject to a use permit approved by the Planning Commission. Such facilities are subject to review by the Integrated Waste Management Department (IWMD) and the Orange County Health Care Agency (Local Enforcement Agency (LEA)). Additionally, if approved, such facilities shall: incorporate fencing and/or landscaping to screen structures and operations; schedule hours of operation that minimize potential impacts, including, but not limited to, traffic and noise; design facilities so as to minimize potential impacts, including, but not limited to, noise and odor; and, provide a detailed description of all proposed operations including haul routes, types of machinery, types of structures, material processing data and site restoration (closure) plans.

(Ord. No. 03-03, § 5(18.60.180), 4-16-2003)

In addition to the requirements for each district, the following procedures are applicable to the principal uses and activities listed below:

(1)

Hazardous materials disclosure. Prior to issuance of certificates of use and occupancy for commercial uses listed in Subsection (3) of this section, the applicant shall comply with all provisions required by the Orange County Fire Authority.

(2)

Waste Management. Prior to the issuance of certificates of use and occupancy for commercial uses listed in Subsection (3) of this section, the applicant shall provide plans or identify measures to comply with Health and Safety Code Div. 20, Ch. 6.5 (Health and Safety Code § 25100 et seq.) and Cal. Admn. Code Title 22, in a manner approved by the Orange County Health Care Agency and applicable sewering agency.

(3)

List of activities to which this section is applicable.

a.

Automotive and vehicle maintenance, repair or painting.

b.

Chemical and commercial cleaning product distribution/sales.

c.

Cleaners, self-service laundries, and vehicle washes.

d.

Home improvement product, lumber, and hardware sales.

e.

Manufacturing.

f.

Medical facilities.

g.

Metal plating.

h.

Mining and extraction.

i.

Nurseries.

j.

Oil and gas exploration and extraction.

k.

Paint and finishing product sales.

l.

Photo processing.

m.

Recreation facilities such as golf courses and amusement parks.

n.

Recycling or resource recovery with potential for contact with hazardous materials.

o.

Research, laboratory, and testing facilities.

p.

Service stations.

q.

Transportation service facilities.

r.

Utilities.

s.

Waste disposal and treatment operations.

t.

Wrecking and salvage facilities.

u.

Other generation of hazardous waste, including material(s) to be disposed of by sanitary sewer.

(4)

Underground storage tanks. Prior to issuance of certificates of use and occupancy for underground tanks to store any hazardous materials, the applicant shall provide plans or identify measures to comply with Health and Safety Code Div. 20, Ch. 6.7 (Health and Safety Code § 25280 et seq.) and Cal. Admn. Code Title 23, in a manner approved by the Orange County Health Care Agency.

(5)

Approval of any hazardous waste treatment, storage, disposal, or transfer facility as a use consistent with the purpose and intent of any zoning district shall be subject to the requirement that continuing authority be vested in the Orange County Fire Authority or Health Care Agency to suspend operations for public safety reasons.

(Ord. No. 03-03, § 5(18.60.190), 4-16-2003)

(a)

Purpose and intent. The purpose of these requirements and guidelines is:

(1)

To regulate the location and design of Wireless Facilities as defined herein to facilitate the orderly deployment and development of wireless communications services in the City;

(2)

To ensure the design and location of Wireless Facilities are consistent with policies of the City previously adopted to guide the orderly development of the City;

(3)

To promote the public health, safety, comfort, convenience, quality of life and general welfare of the City's residents;

(4)

To protect property values and enhance aesthetic appearance of the City by maintaining architectural and structural integrity;

(5)

To protect views from obtrusive and unsightly accessory uses and facilities; and

(6)

To ensure the City's requirements and guidelines for Wireless Facilities are consistent with State and Federal law, including without limitation, Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (codified at 47 U.S.C. § 1455(a)) and its implementing regulations (set forth in 47 C.F.R. § 1.40001), Section 332(c) of the Communications Act of 1934 (codified at 47 U.S.C. § 332), and California Assembly Bill No. 57 ("AB 57"), effective January 1, 2016 (codified at Gov. Code § 65964.1).

(b)

Scope. This section does not intend to, and shall not be interpreted to apply to:

(1)

Prohibit or effectively prohibit Personal Wireless Services; or

(2)

Unreasonably discriminate among providers of functionally equivalent Personal Wireless Services; or

(3)

Regulate the installation, operation, Collocation, modification or removal of Wireless Facilities on the basis of the environmental effects of RF emissions to the extent that such emissions comply with all applicable FCC regulations; or

(4)

Prohibit or effectively prohibit any Collocation or modification that the City may not deny under California or federal law; or

(5)

Preempt any applicable state or federal law.

(c)

Implementing Policies and Procedures. The Director may adopt such policies and procedures as he or she deems necessary to implement the requirements of this section, or to otherwise preserve and maintain the public health, safety, welfare, and convenience, provided such policies and procedures are consistent with this section and not in conflict with all applicable state and federal laws.

(d)

Definitions. For purposes of this section only, the following words, phrases, and terms as used in this section shall have the meaning as indicated below. The "definitions" and "general rules for construction of language" set forth in Section 13.06.010 of this Code shall also apply to this section.

(1)

Applicant: any Person submitting an Application for a Permit.

(2)

Application: an application for a Permit.

(3)

Base Station: has the same meaning as the term is defined in 47 C.F.R. § 1.40001(b)(1), as amended from time to time or replaced by a successor regulation.

(4)

Collocation: has the same meaning as the term is defined in 47 C.F.R. § 1.40001(b)(2), as amended from time to time or replaced by a successor regulation.

(5)

CPUC: the California Public Utilities Commission.

(6)

Department: the City's Community Development Department.

(7)

Director: the City Manager or his or her designee.

(8)

Eligible Facilities Request: has the same meaning as the term is defined by 47 C.F.R. § 1.40001(b)(3), as amended from time to time or replaced by a successor regulation.

(9)

Eligible Facility Request Permit or EFR Permit: a permit issued pursuant to this section authorizing a Eligible Facilities Request.

(10)

Eligible Support Structure: has the same meaning as the term is defined by 47 C.F.R. § 1.40001(b)(4), as amended from time to time or replaced by a successor regulation.

(11)

Existing: only when capitalized, has the same meaning as the term is defined by 47 C.F.R. § 1.40001(b)(5), as amended from time to time or replaced by a successor regulation.

(12)

FCC: the Federal Communications Commission.

(13)

Historic Resource: Any building, site, structure, object, or district, which may have historical, prehistoric, architectural, archaeological, cultural, or scientific importance and is listed or eligible for listing in the National Register of Historic Places, the California Register of Historical Resources, or a local register of historical resources, including without limitation, any historically or architecturally significant, decorative, or specially designed utility, transit, or street light pole located in the public right-of-way.

(14)

Historic Protected Location:

a.

Any site that has a Historic Resource or is in the Immediate Vicinity of a Historic Resource; or

b.

Any eligible National Register Historic District, listed or eligible California Register Historic District, or local historic or conservation district.

(15)

Immediate Vicinity: only when capitalized, "Immediate Vicinity" shall mean within two hundred (200) feet of the property lines surrounding a Historic Resource, Park, Residence or public right-of-way.

(16)

Over-the-Air Reception Devices or OTARDs: any antennae or mast listed in 47 C.F.R. § 1.4000(a)(i)-(iv), as amended from time to time or replaced with a successor regulation.

(17)

Park: any public park located in the City.

(18)

Park Protected Location: any site that is a Park or is in the Immediate Vicinity of a Park.

(19)

Permit: a Wireless Use Permit or an Eligible Facility Request Permit.

(20)

Permittee: a Person issued a Permit.

(21)

Person: any individual, group, company, partnership, association, joint stock company, trust, corporation, society, syndicate, club, business, or governmental entity. "Person" shall not include the City.

(22)

Personal Wireless Service: shall have the same meaning as the term is defined in 42 U.S.C. § 332(c)(7)(C)(i), as amended from time to time or replaced by a successor statute.

(23)

Protected Location: a Historic Protected Location, Park Protected Location, or Residential Protected Location.

(24)

Replace: only when capitalized, "Replace" means to remove previously permitted equipment and install new equipment at a permitted Wireless Facility that is identical in size or smaller than the previously permitted equipment.

(25)

Residence: any structure intended for lawful use as a dwelling, including single-family attached and detached homes and multiple-family structures.

(26)

Residential Protected Location: any site that has a Residence or is in the Immediate Vicinity of a Residence.

(27)

Reviewing Authority:

a.

For requests for an Eligible Facility Request Permit, the "Reviewing Authority" is the Director.

b.

For requests that require a Wireless Use Permit and appeals of any decision of the Director, the "Reviewing Authority" is the City Council.

(28)

Section 6409(a): Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (codified at 47 U.S.C. § 1455(a)) and its implementing regulations (codified at 47 C.F.R. § 1.40001), as that statute and those regulations are amended from time to time or replaced with a successor statute or regulation.

(29)

Site: only when capitalized, "Site" has the same meaning as the term is defined by 47 C.F.R. § 1.40001(b)(6), as amended from time to time or replaced by a successor regulation.

(30)

Substantial Change or Substantially Change: has the same meaning as the term is defined by 47 C.F.R. § 1.40001(b)(7), as amended from time to time or replaced by a successor regulation.

(31)

Tower: has the same meaning as the term is defined by 47 C.F.R. § 1.40001(b)(9), as amended from time to time or replaced by a successor regulation.

(32)

Transmission Equipment: has the same meaning as the term is defined by 47 C.F.R. § 1.40001(b)(8), as amended from time to time or replaced by a successor regulation.

(33)

Unprotected Location: means a site that is not a Historic Protected Location, Park Protected Location, nor a Residential Protected Location.

(34)

Wireless Facility: has the same meaning as the term "personal wireless service facilities" is defined by 47 U.S.C. § 332(c)(7)(C)(ii), as amended from time to time or replaced by a successor statute. The term "Wireless Facility" also includes any Base Station, Tower or Transmission Equipment.

(35)

Wireless Use Permit: a permit issued pursuant to this section authorizing a Permittee to construct, install, and maintain a Wireless Facility.

(e)

Applicability; Exemptions.

(1)

Applicability. This section applies to all new Wireless Facilities and all modifications to Existing Wireless Facilities unless the Wireless Facility qualifies for an exemption under state or federal law or subsection (e)(2) below.

(2)

Exemptions. In addition to any exemptions provided by state or federal law, this section does not apply to:

a.

Amateur radio facilities;

b.

Antennas for OTARDs; or

c.

Wireless Facilities owned and operated by the City for its use.

(f)

Development Requirements. Wireless Facilities shall comply with each of the following requirements.

(1)

Signage. A Wireless Facility shall not bear any signs or advertising devices other than certification, public safety, warning, or other required seals or required signage that are required by governmental agencies acting in their regulatory capacity.

(2)

Screening and Camouflage.

a.

Any and all Transmission Equipment shall be located within a building, an enclosure, or an underground vault in a manner that complies with the development standards of the zoning district in which such Transmission Equipment is located. In addition, if Transmission Equipment is located above ground, it shall be visually compatible with the surrounding buildings and either shrouded by sufficient landscaping to screen the Transmission Equipment from view, or designed to match the architecture of adjacent buildings. If Transmission Equipment will be visible from a Protected Location or a public street, the Applicant shall provide a solid masonry block wall, or another material that is acceptable to the reviewing authority, that will screen the Transmission Equipment from the Protected Location or public street. If no recent and/or reasonable architectural theme is present, the Reviewing Authority may require a particular design that is deemed suitable to the subject location.

b.

All screening used in connection with a wall mounted and/or roof mounted Wireless Facility shall be compatible with the architecture, color, texture, and materials of the building or structure to which it is attached.

c.

A Wireless Facility's exterior finish shall be comprised of nonreflective material(s) and painted, screened, or camouflaged to blend with the materials and colors of surrounding buildings, structures, or environments.

d.

A roof mounted Wireless Facility that extends above the existing parapet of the building on which it is mounted shall be screened by a material and in a manner that is compatible with the existing design and architecture of the building to the satisfaction of the Reviewing Authority.

e.

A roof mounted Wireless Facility requiring the placement of any guy wires, supporting structures, or accessory equipment shall be located and designed so as to minimize the visual impact as viewed from surrounding properties and public rights-of-way, including any public views from higher elevations.

(3)

Illumination. Wireless Facilities may not be illuminated unless specifically required by the Federal Aviation Administration ("FAA") or other governmental agencies acting in their regulatory capacity.

(4)

Consent to Collocation. The Permittee and the property owner, if different from the Permittee, shall consent to future Collocation of other Wireless Facilities on or with the permittee's Wireless Facility, unless such Collocation is technically infeasible; provided however, this requirement shall not be construed to encourage the installation of a larger Wireless Facility (such as a Tower) where a smaller and more discrete Wireless Facility (such as a distributed antennae system or "DAS") would be sufficient to meet the Personal Wireless Service needs of the community.

(5)

Setbacks. A Wireless Facility shall be considered an accessory structure for the purpose of determining applicable setback requirements. If the Wireless Facility is located in a residential zoning district or a Protected Residential Location, then the Wireless Facility shall comply with the setback requirements for the nearest residential zoning district. In all other instances, the Wireless Facility shall comply with the applicable setback requirements for the zoning district in which it is located.

(6)

Height. A Wireless Facility shall not exceed the maximum building height for the zoning district in which it is located; provided however:

a.

A roof mounted Wireless Facility may exceed the height of the structure on which it is mounted by up to fifteen (15) feet if the Applicant demonstrates to the Reviewing Authority's satisfaction that: (i) the extended height is technically necessary for operation of the Facility, (ii) the Facility is Collocated, or contains adequate space suitable for future Collocation, and the extended height is necessary for such Collocation, and (iii) the extended height is otherwise consistent with the requirements set forth in this section;

b.

A utility mounted Wireless Facility may exceed the height of the structure on which it is mounted by up to four (4) feet if the Applicant demonstrates to the Reviewing Authority's satisfaction that the extended height: (i) is technically necessary for operation of the Wireless Facility, and (ii) is otherwise consistent with the requirements set forth in this section; and

c.

A ground mounted Wireless Facility may exceed the maximum building height for the zoning district in which it is located if: (i) the Applicant demonstrates to the Reviewing Authority's satisfaction that exceeding the height limitation is technically necessary for operation of the Wireless Facility; (ii) the Wireless Facility is Collocated, or contains adequate space suitable for future Collocation, and the extended height is necessary for such Collocation, and (iii) the extended height is otherwise consistent with the requirements set forth in this section.

(7)

Horizontal Protrusion.

a.

No portion of a Wireless Facility may protrude beyond property lines or into any portion of property where such Wireless Facility is not itself permitted (such as in a required setback); provided, however, the Reviewing Authority may approve the location of guy wires in a required setback if the Applicant demonstrates to the Reviewing Authority's satisfaction that such approval is technically necessary for the operation of the Wireless Facility and otherwise consistent with the requirements set forth in this section.

b.

A utility mounted Wireless Facility shall not protrude horizontally from the side(s) of the structure on which it is mounted by more than eighteen (18) inches; provided however, the Wireless Facility may exceed the protrusion requirement if the Applicant demonstrates to the Reviewing Authority's satisfaction that the extended protrusion is technically necessary for operation of the Facility.

(8)

Location and Siting.

a.

Unless specifically exempt by federal law, state law or this section, the following types of Wireless Facilities are prohibited in Historic Protected Locations:

1.

Ground mounted Wireless Facilities; and

2.

Wall mounted, utility mounted, or roof mounted Wireless Facilities that: (i) are not screened by solid material on four sides; (ii) are not architecturally compatible with surrounding land uses; and (iii) exceed the maximum height of the applicable zoning district in which the Wireless Facility is located. For the purposes of determining such maximum height, no additional height that may be otherwise permissible under subsection (f)(6) above shall be considered.

b.

A new Wireless Facility shall not be located within 1,500 feet of any existing Wireless Facility unless:

1.

The new Wireless Facility is wall mounted, utility mounted, or roof mounted and: (i) is screened by solid material on four sides; (ii) is architecturally compatible with surrounding land uses; and (iii) does not exceed the maximum height of the applicable zoning district in which the Facility is located. For the purposes of determining such maximum height, no additional height that may be otherwise permissible under subsection (f)(6) above shall be considered;

2.

The Reviewing Authority determines that: (i) the Applicant has demonstrated to the Reviewing Authority's satisfaction that a shorter distance between the new and existing Wireless Facilities is technically necessary, (ii) the area served by the new Wireless Facility could not be served by one or more Wireless Facilities that meet the criteria set forth in subsection "1" above, (iii) the selected Site would result in less visual obtrusiveness in the surrounding area, and (iv) the new and existing Wireless Facilities are not located within 500 feet of each other; or

3.

The Reviewing Authority determines that the installation of the new Wireless Facility would result in less visual obtrusiveness in the surrounding area as compared to otherwise available Collocations located within 1,500 feet of the existing Wireless Facility.

c.

A ground mounted Wireless Facility:

1.

Shall not be located in any required setback;

2.

Shall not be located in a required parking area, vehicle maneuvering area, vehicle/pedestrian circulation area, or area of landscaping such that it interferes with, or in any way impairs, the utility or intended function of such area; and

3.

To the extent possible, shall be located in close proximity to existing above ground utilities, such as electrical towers or utility poles (not scheduled for removal or undergrounding within eighteen (18) months of the date the Application is deemed complete), light poles, trees of comparable height, water tanks and other areas where the Wireless Facility will not detract from the image or appearance of the City.

d.

City-Owned Property and Public Right-of-Way.

1.

The City Council may approve by resolution, following a duly noticed public hearing, a list of sites located on City-ownedproperty or within the public right-of-way that are pre-approved for Wireless Facilities. Each site shall include a description of permissible development and design characteristics of the permissible types of Wireless Facility, including but not limited to maximum height requirements. The City shall make such resolution available to all persons upon request. The City Council may subsequently amend the list of preapproved sites or Wireless Facilities by resolution from time to time. Wireless Facilities on preapproved sites require an eligible facilities request permit or a wireless use permit, as applicable, and must otherwise comply with the Laguna Woods Municipal Code.

2.

Unless otherwise exempt by federal or state law, Wireless Facilities on City-owned property or in the public right-of-way require a written lease agreement, license, or other agreement acceptable to the City Attorney's Office between the City and the operator of the Wireless Facility. The existence of a lease agreement, license, or similar agreement shall not relieve the operator of any obligations to obtain appropriate Permits for the Wireless Facility or otherwise comply with the Laguna Woods Municipal Code.

3.

All lease agreements, licenses, or similar agreements for Wireless Facilities on City-owned property or in the public right-of-way shall be nonexclusive. To the extent technically feasible, the operator of a Wireless Facility located on City-owned property or in the public right-of-way shall make the supporting structure of the Facility available to any other Applicant wishing to Collocate.

(9)

Safety and Security.

a.

A ground mounted Wireless Facility shall be secured from access by the general public with a fence or other form or screening of a type and dimensions approved by the Reviewing Authority.

b.

A ground mounted Wireless Facility shall be covered with a clear anti-graffiti material of a type approved by the Reviewing Authority. The Reviewing Authority may waive this requirement if the Applicant demonstrates to the satisfaction of the Reviewing Authority that there is adequate other security around the Wireless Facility to prevent graffiti.

(10)

Backup Power Requirement.

a.

This provision shall only apply to applications for the construction of new ground-mounted Wireless Facilities, or modification to a preexisting ground-mounted Wireless Facility, that require the issuance of a Wireless Use Permit.

b.

All construction of new ground-mounted Wireless Facilities, or modification to an existing ground-mounted Wireless Facility, that require the issuance of a Wireless User Permit, shall be required to install and maintain an on-site backup generator, or similar on-site energy source, that is of sufficient capacity and maintained in such condition as to be readily capable of powering all of the equipment located on said Wireless Facility so as to allow the Wireless Facility to continue to function for a period of not less than 24 hours of continuous use when regular energy systems as provided by the local utility company to the subject Wireless Facility are inoperable, interrupted, or otherwise experiencing shortages.

c.

Other Standards.

1.

Number. More than one on-site backup generator or similar on-site energy source may be installed to serve a single ground-mounted Wireless Facility in order to meet the requirements of this section.

2.

Aesthetics. On-site backup generators and similar on-site energy sources shall be architecturally integrated into one or more concealing structures or otherwise screened from view from public right-of-way and residential properties by topography, plantings, walls, or fencing.

3.

Noise. On-site backup generators and similar on-site energy sources shall be installed and operated in a manner that results in compliance with the noise standards set forth in this Code.

4.

Water Quality. On-site backup generators and similar on-site energy sources shall be installed in a manner that results in compliance with applicable National Pollutant Discharge Elimination System (NPDES) requirements and water quality-related best management practices, as may be required at the City's discretion.

5.

Limitations on Operation. In order to control noise and minimize operational impacts, on-site backup generators and similar on-site energy sources shall only be operated when regular energy systems as provided by the local utility company to the subject wireless facility are inoperable, interrupted, or otherwise experiencing shortages.

d.

Additional Permitting. The applicant shall be responsible for determining whether additional permits or approvals are required from the City, Orange County Fire Authority, South Coast Air Quality Management District, and other regulatory agencies.

e.

Submittals. The City may require such submittals and fees as are reasonably necessary to implement and enforce this section including, but not limited to, site plans, visual renderings, and reports from qualified professionals to substantiate the demand and power-generating adequacy of the on-site backup generator or similar on-site energy source.

(g)

Types of Permits Required.

(1)

Wireless Use Permit. Unless specifically exempt by federal law, state law or this section, all new Wireless Facilities and modifications or Collocations to existing Wireless Facilities that do not qualify as an Eligible Facilities Request require a Wireless Use Permit.

(2)

Eligible Facility Request Permit. Unless specifically exempt by federal law, state law or this section, all Eligible Facilities Requests require an Eligible Facilities Request Permit.

(h)

Applications; Fees; Deposits.

(1)

Contents of Application. Except as set forth in subsections "m" and "n" below, Applications for a Permit must include all of the following:

a.

Use Permit Application Materials. Any and all materials required for a "Use Permit" under Chapter 13.24 of this Code, including a fully completed and executed form application required by Section 13.24.030(a) of this Code, as may be amended from time-to-time or replaced by a successor ordinance. Unless otherwise exempt under either federal or state law, if the proposed Wireless Facility is to be located on a City-held easement or right-of-way, on City-owned property, or on a City-owned building or structure, the form application must be signed by an authorized representative of the City. The form application must state what approval is being sought i.e., a Wireless Use Permit or an Eligible Facility Request Permit).

b.

Required Licenses or Approvals. Evidence that the Applicant has all current licenses and registrations from the FCC, the CPUC, and any other applicable regulatory bodies where such license(s) or registration(s) are necessary to provide Personal Wireless Services utilizing the proposed Wireless Facility. Furthermore, the Applicant is required to provide any other evidence that it possesses the required licenses and approvals to provide Personal Wireless Services within the City.

c.

Prior Approvals. For proposed modifications to Existing Wireless Facilities, the Applicant must provide copies of the approved plans, photo simulations, staff report/resolution, and/or approval letters from the original discretionary approval(s) along with the most recent discretionary approval(s) for the Existing Wireless Facility. Notwithstanding the foregoing, this requirement can be independently waived by the City to the extent the required approvals are in the City's possession.

d.

Carriers. For modifications to Existing Wireless Facilities, the Application must identify all carriers currently using the Wireless Facility. For all proposed Wireless Facilities, the Application must identify all carriers that will use the Facility if the Permit is approved (if known).

e.

Plans. Three (3) full-size construction-ready plans of the proposed Wireless Facility with an exact PDF copy on compact disk, wet stamped by a professional engineer, showing the entire proposed Wireless Facility and any appurtenant structures, including, where applicable, any required on-site backup generator, or similar on-site energy source, in plan and elevation views, all proposed changes in plan and elevation views, and all utility runs and points of contact. These plans must be drawn at 1" = 20' or a comparable scale and contain all of the following information:

1.

Location, type, dimensions, height, number, color and technical specifications of any proposed antennas.

2.

Location, type, dimensions, gross floor area, height, materials and color of proposed equipment structure. Location of exhaust ports or outlets.

3.

Location of existing and proposed power, telephone and other utilities serving the site.

4.

Specific landscape, screening and fencing materials. Landscape plans shall include size, species, location, distance apart, plus irrigation and maintenance plans. For applications that will require compliance with Section 4.28 of the Laguna Woods Municipal Code, this particular requirement must be satisfied by providing the landscape documentation package required under that section.

5.

Proposed setbacks from property lines, nearest Residence and residentially zoned properties.

6.

Location of adjacent roadways and proposed means of access.

7.

Location and extent of any streams, wetlands, or landslide hazard areas on or within 100 feet of the underlying property.

8.

Lot size and lot coverage calculations for the underlying property.

f.

Drawings/Simulations. Where applicable, the Applicant must provide all of the following:

1.

Two (2) color copies of photographs of the existing site conditions.

2.

Two (2) color copies of photo simulations showing the proposed changes to the site.

3.

Two (2) color copies of photo simulations of the proposed Wireless Facility from any Historic Resource(s), Park(s), Residence(s), and public right(s)-of-way in the Immediate Vicinity of the Wireless Facility.

4.

For modifications to Existing Wireless Facilities, dimensioned elevation drawings of the Existing Wireless Facility showing the existing and proposed antennas and equipment structures (at 1/8" = 1' or comparable scale).

g.

RF Exposure Compliance Report. A radio frequency ("RF") report acceptable to the City prepared and certified by an RF engineer that certifies that the proposed Wireless Facility, as well as any collocated Wireless Facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF report must include the actual frequency and power levels (in watts ERP) for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the site of the proposed Wireless Facility.

h.

Environmental Review. Additional information, such as engineer diagrams, site diagrams, plans, technical information, and any other information with respect to the potential visual, noise, public health, and safety impacts of the proposed Wireless Facility to permit the City to conduct a preliminary environmental review.

i.

Letter of Justification. A letter of justification accompanied by written documentation that explains and validates the Applicant's efforts to develop the proposed Wireless Facility is in accordance with federal and state law, as well as this section. The letter of justification shall also include: (i) a description of the technical objectives to be achieved; (ii) an annotated topographical map that identifies the targeted service area to be benefitted; (iii) the estimated number of potentially affected users in the targeted service area; and (iv) full-color signal propagation maps with objective units of signal strength measurement that show the Applicant's current service coverage levels from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites with the proposed site, and predicted service coverage levels from the proposed site without all adjacent sites. The letter of justification shall include a written statement demonstrating how the proposed Wireless Facility complies with all federal guidelines regarding interference and American National Standards Institute ("ANSI") standards applicable to the Facility, including but not limited to nonionizing electromagnetic radiation ("NIER") standards, and stating that the proposed Wireless Facility will comply with all applicable federal and state laws, including specifically FCC and Federal Aviation Administration ("FAA") regulations, and the City's General Plan, this Code, and all City ordinances, resolutions and policies.

j.

Alternative Sites Analysis. The Applicant must provide a list of all sites considered as alternatives to the location of the proposed Wireless Facility, together with a general description of the site design considered at each alternate site. The Applicant must also provide a written explanation for why the alternative sites considered were unacceptable or infeasible, unavailable or not as consistent with the development standards in this section as the location of the proposed Wireless Facility. This explanation must include a meaningful comparative analysis and such technical information and other factual justification as are necessary to document the reasons written explanation. If an Existing Wireless Facility is listed among the alternatives, the Applicant must specifically address why the modification of the Existing Wireless Facility is not a viable option. When an Applicant proposes a site in the public right-of-way, the initial alternative sites analysis required for a complete Application may evaluate other potential locations within the right-of-way.

k.

Exemptions. Applications for an Eligible Facility Request Permit are exempt from the requirements set forth above for "Environmental Analysis", "Letter of Justification" and "Alternative Site Analysis" , and subsections (c)(6) and (c)(7) of Section 13.24.030 of this Code (relating to properties within 300 feet of the site), as amended from time to time or replaced by a successor ordinance.

l.

Waivers. The Director may waive one or more of the above-listed Application requirements only when: (i) the Applicant attends a pre-submittal consultation meeting with City staff for the proposed Wireless Facility, (ii) the Director finds that compliance with the Application requirement would create an unnecessary or unreasonable burden on the Applicant, and (iii) the Director memorializes the waiver and grounds therefor in a writing.

(2)

Filing Fee.

a.

A filing fee to defray the cost of processing and notification for each Application brought under this section shall be paid by the Applicant at the time the Application is accepted. Such fees shall be in accordance with the fee schedule currently in effect as adopted by resolution by the City Council.

b.

Should the Applicant fail to provide the required filing fee, the City shall either (1) not accept the Application, or (2) deem and the Application incomplete.

c.

The City may refund a filing fee in whole upon a determination that the application was erroneously required or filed. The City may refund a fee pro rata, based on the cost of processing the application, if the application is withdrawn prior to a decision thereon.

(3)

Future Application Developments and Modifications. The City Council authorizes the Director to develop and make publicly available forms for Permit Applications and other materials specific for Wireless Facilities, and from time-to-time to update and amend such publicly available forms and materials as the Director deems appropriate.

(i)

Application Submittal and Resubmittal Meetings.

(1)

Pre-Submittal Consultation Meeting. Before submitting an Application for a Wireless Use Permit for a proposed Wireless Facility in a protected location or a public right-of-way, an Applicant shall schedule and attend a pre-submittal consultation meeting with the Director or other designated City staff. For all other Applications, pre-submittal consultation meetings are strongly encouraged but not required. City staff will endeavor to provide Applicants with a pre-submittal consultation meeting within fifteen (15) working days after receipt of a written request for a meeting.

(2)

Application Submittal Meeting. All Applications must be submitted to the City at a pre-scheduled submittal meeting. City staff will endeavor to provide Applicants with a submittal meeting within five (5) working days after receipt of a written request for a meeting.

(3)

Application Resubmittal Meeting. All resubmittals of Applications must be submitted to the City at a pre-scheduled resubmittal meeting. City staff will endeavor to provide Applicants with a resubmittal meeting within five (5) working days after receipt of a written request for a meeting.

(4)

Waiver of Meeting Requirements. The Director, in his or her sole discretion, may waive in writing the requirement for any of the above-listed meetings.

(j)

Initial Review of Permit Applications.

(1)

Completeness Determination. Following receipt of a new or resubmitted Application for a Permit, the Director shall make an initial determination as to whether the Application is complete. If the Director determines the Application is not complete, the Director shall provide written notice to the Applicant that clearly and specifically delineates all missing documents, information, or payments within the timeframes set forth below.

a.

Eligible Facility Request Permits. For Applications for EFR Permits, the Director shall provide the Applicant with written notice of his or her completeness determination within the timeframes set forth in 47 C.F.R. § 1.40001(c)(3), as that regulation is amended from time to time or replaced with a successor regulation.

b.

Wireless Use Permits. For Applications for Wireless Use Permits, the Director shall provide the Applicant with written notice of his or her completeness determination within the timeframes set forth in Government Code § 65964.1, as that statute is amended from time to time or replaced with a successor statute.

c.

Tolling Agreement. The timeframe to review any Application for completeness may be extended by mutual agreement of the Applicant and the Director.

(2)

Initial Categorization Determination. At the time the Director determines an Application is complete, the Director shall also make an initial determination as to whether the proposal will be categorized as an Application for one of the following:

a.

An Eligible Facilities Request for a modification to an Eligible Support Structure that is one of the following: (i) a Tower in the public right-of-way; (ii) a Tower that is not in a public right-of-way; or (iii) a Base Station in any location; or

b.

A Wireless Use Permit for a new or modified Wireless Facility in one or more of the following locations: (i) a public right-of-way; (ii) a Historic Protected Location; (iii) a Park Protected Location; and (iv) a Residential Protected Location.

The Director shall provide written notice to the Applicant of his or her initial categorization determination.

An Application for a proposal that the Director determines is an Eligible Facilities Request shall be processed in accordance with subsections (k)(1), (l)(1), and (m)(1) of this section.

Applications for all other proposals shall be processed in accordance with subsections (k)(2), (l)(2), and (m)(2) of this section.

(k)

Timeframes and Reviewing Authority.

(1)

Eligible Facility Request Permits. The Director shall approve or deny an application for an EFR Permit within the timeframes set forth in 47 C.F.R. § 1.40001(c)(2), as that regulation is amended from time to time or replaced with a successor regulation.

(2)

Wireless Use Permits. The City Council shall approve, conditionally approve, or deny an application for a Wireless Use Permit within the timeframes set forth in Government Code § 65964.1, as that statute is amended from time to time or replaced with a successor statute.

(3)

Tolling Agreement. The timeframes to approve, conditionally approve, or deny any Application may be extended by mutual agreement of the applicant and the Director.

(l)

Notice and Hearing Requirements.

(1)

Eligible Facility Request Permits. Unless otherwise required by state or federal law, applications for EFR Permits may be acted upon administratively without notice or a public hearing.

(2)

Wireless Use Permits. Before the City Council approves an application for a Wireless Use Permit, the City shall comply with the notice and public hearing requirements for approval of a "Use Permit" set forth in Chapter 13.24 of this Code, including without limitation, the requirements set forth in Section 13.24.040(2), as that section is amended from time to time or replaced with a successor ordinance. Any public hearing for a Wireless Use Permit may be continued to a time certain without further notice.

(m)

Required Findings.

(1)

Eligible Facility Request Permits. If the Director determines a proposal meets the criteria for an Eligible Facilities Request set forth in Section 6409(a), the Director shall issue an EFR permit unless the Director makes one or more of the following findings:

a.

The proposal involves a structure that was constructed or modified without all regulatory approvals required at the time it was constructed or modified;

b.

The proposal Substantially Changes the physical dimensions of the Eligible Support Structure;

c.

The proposal entails excavation or deployment outside the Site;

d.

The proposal would defeat one or more of the concealment elements of the Eligible Support Structure;

e.

The proposal does not comply with one or more conditions of the underlying approval(s) for the Eligible Support Structure and any appurtenant equipment, provided however, this limitation does not apply if the proposal merely changes the physical dimensions of the Eligible Support Structure in a manner that does not qualify as a "Substantial Change";

f.

The proposal involves the replacement of the entire Eligible Support Structure;

g.

The Applicant has not paid all outstanding balances owed to the City for the reasonable and necessary costs of processing the Application, including any fees imposed pursuant to this section; or

h.

The proposal does not qualify for mandatory approval under Section 6409(a) for any other lawful reason.

(2)

Wireless Use Permits. The City Council shall approve an application for a Wireless Use Permit if it determines it can make all of the following findings:

a.

The Applicant has paid all outstanding balances owed to the City for the reasonable and necessary costs of processing the Application, including any fees imposed pursuant to this section.

b.

The proposed Wireless Facility satisfies all of the findings required for approval of a "Use Permit" set forth in Chapter 13.24 of this Code, including without limitation, the findings required by Section 13.24.040(4)(a), as that section is amended from time to time or replaced with a successor ordinance.

c.

The proposed Wireless Facility blends into the surrounding environment or is architecturally integrated into a concealing structure and is screened or camouflaged by existing or proposed new topography, vegetation, buildings, or other structures. Any such improvements are appropriate for and compatible with the site and surrounding area.

d.

The size, design, and operation of the proposed Wireless Facility is compatible with any supporting structures, surrounding structures, and existing uses on surrounding properties.

e.

Unless infeasible, the location of the proposed Wireless Facility conforms to one or more of the following in order of preference:

1.

The proposed Wireless Facility is Collocated with an Existing Wireless Facility;

2.

The proposed Wireless Facility is attached to an existing structure such as an existing building, communication tower, church steeple or utility; or

3.

The proposed Wireless Facility is located in an Unprotected Location.

f.

For ground mounted Wireless Facilities only, no existing building or support structure can reasonably accommodate the proposed Wireless Facility. Evidence supporting this finding may consist of any of the following:

1.

No existing buildings or support structures are located within the geographic area proposed to be served by the proposed Wireless Facility;

2.

Existing buildings or support structures are not of sufficient height or structural strength to satisfy the proposed Wireless Facility's operational or engineering requirements.

3.

The proposed Wireless Facility would create electromagnetic interference with another Wireless Facility on an Existing structure, or the Existing Transmission Equipment on an Existing building or support structure would create interference with the Applicant's proposed Transmission Equipment.

4.

The costs, fees, or contractual provisions required by a property owner or by an incumbent wireless service provider in order to Collocate the proposed Wireless Facility on an existing building or structure, or to adapt an Existing building or structure for the location of the proposed Wireless Facility, are unreasonable.

5.

There are other limiting factors that render Existing buildings and structures unsuitable for use by the Applicant for the proposed Wireless Facility.

g.

Alternative sites for the location of the proposed Wireless Facility are unacceptable, infeasible, unavailable, or less consistent with the development requirements in this section.

h.

The Site will provide adequate ingress and egress to the proposed Wireless Facility.

i.

There is a documented public need for the proposed Wireless Facility.

j.

The proposed Wireless Facility is the least intrusive means to achieve the Facility's technical objectives.

k.

The proposed Wireless Facility will comply with all applicable state and federal regulations for such facilities, including safety regulations and FCC regulations regarding interference with the reception or transmission of other wireless service signals within the City and surrounding community.

l.

For Wireless Facilities in a Public Right-of-Way only, the proposed Wireless Facility will not create any significant blockage to public views.

m.

For Wireless Facilities in a Historic Protected Location only, the proposed Wireless Facility will not significantly impair the views of any Historic Resource or significantly degrade the aesthetic attributes of any Historic Resource.

n.

For Wireless Facilities in a Park Protected Location only, the proposed Wireless Facility will not significantly impair the views of any Park or significantly degrade the aesthetic or natural attributes that define the Park.

o.

For Wireless Facilities in a Residential Protected Location only, the proposed Wireless Facility will not significantly impair the views from any Residence or significantly detract from any of the defining characteristics of the zoning district in which it is located.

(3)

Denial of Permit. If an Application for a Permit is denied, the Director (in the case of an EFR Permit) or City Council (in the case of a Wireless Use Permit) shall make a written determination setting forth the grounds for denial supported by substantial evidence contained in a written record, as may be required by law.

(n)

Transfers involving a Wireless Facility or Wireless Use Permit. Within 30 days after a Permitee transfers any interest in the Wireless Facility or any Permit(s) issued for the Facility, the Permitee shall deliver written notice to the City. The written notice must include: (1) the transferee's legal name; and (2) the transferee's full contact information, including a primary contact person, mailing address, telephone number and email address. Failure to submit the notice required herein shall be a cause for the City to revoke the applicable permits pursuant to and following the procedure set out in subsection (t) below. By accepting the transfer, the transferee shall be deemed to have accepted all Permit terms and conditions.

(o)

Preemption Exemption. An Applicant or Permittee may seek an exemption from any requirement of this section on the basis that it is preempted by state or federal law. An Applicant seeking an exemption on the basis that denial of a Permit would effectively prohibit Personal Wireless Service must demonstrate with clear and convincing evidence all the following:

(1)

The Applicant has the legal right to access the rights-of-way or private property necessary for the proposed Wireless Facility;

(2)

A significant gap in the Applicant's service coverage exists; and

(3)

All alternative sites identified in the Application review process are either technically infeasible or not available.

(p)

Notice of Decision; Appeals.

(1)

Notice of the Decision. Within five (5) working days after final decision by the Reviewing Authority on an Application submitted for approval pursuant to this section, notice of the decision shall be mailed to the Applicant at the address provided on the Application and to all other persons who have filed a written request for notice of the decision with the Department. If the Application is denied, the Reviewing Authority shall provide the reasons for any denial either in the written decision or in some other written record available at the same time as the notice of decision is provided.

(2)

Appeals. Any interested person may appeal a final decision by the Director in accordance with the appeal procedures set forth in Chapter 13.24 of this Code. The appeal must state in plain terms the grounds for the appeal and the facts that support those grounds. The appellant must pay a fee established by a resolution of the City Council at the time the appeal is filed. The City Council shall hear the appeal.

(q)

Non-Waiver of Enforcement. An Applicant or Permittee shall not be relieved of its obligation to comply with every provision of the Code, any Permit issued hereunder, or any applicable law or regulation by reason of any failure of the part of the City to notice, enforce or prompt compliance by the Applicant or Permittee.

(r)

Amendment of Permits. Any Permit issued under this section may be amended in accordance with the amendment procedures applicable to "Use Permits," set forth in Chapter 13.24 of this Code, including Section 13.24.090 as that section is amended from time to time or replaced by a successor ordinance. Notwithstanding the foregoing, amendments to a Permit that qualify as an Eligible Facilities Request shall be processed in accordance with the procedures applicable to EFR Permits set forth in this section.

(s)

Reservation of Right to Review Permits for Changed Circumstances. Any Wireless Use Permit issued under this section shall be subject to the reservation of the City's right and jurisdiction to review and require the Permittee obtain an amendment to the Wireless Use Permit (including any conditions of approval) based on changed circumstances. Changed circumstances include, but are not limited to, the following:

(1)

Increased height or size of the Wireless Facility without proper authorization from the City;

(2)

Additional impairment of the views from surrounding properties;

(3)

Change in the type of antenna or supporting structure;

(4)

Changed color or materials;

(5)

A substantial change in location on the site; and

(6)

An effective increase in signal output above or near the maximum permissible exposure ("MPE") limits imposed by the revised radio frequency emissions guidelines by the FCC.

(t)

Revocation of Permits. Any Permit issued under this section may be revoked in accordance with the revocation procedures applicable to "Use Permits," set forth in Chapter 13.24 of this Code, including Section 13.24.080 as that section is amended from time to time or replaced by a successor ordinance.

(u)

Abandonment/Discontinuation of Wireless Facility; Removal; Relocation.

(1)

Discontinued Use. The operator of a lawfully erected Wireless Facility, and the owner of the Site upon which it is located, shall promptly notify the Director in writing in the event that use of the Wireless Facility is discontinued for any reason. In the event that discontinued use is permanent, then the owner(s) and/or operator(s) shall promptly remove the Wireless Facility, repair any damage to the site caused by such removal, and restore the Site as appropriate such as to be in conformance with applicable Zoning Codes. All such removal, repair and restoration shall be completed within ninety (90) days after the use is discontinued, and shall be performed in accordance with all applicable health and safety requirements and requirements relating to abandonment of utility facilities. For purposes of this subsection, a discontinued use shall be permanent unless the Wireless Facility is likely to be operative and used within the immediately following three (3) month period.

(2)

Abandonment. A Wireless Facility that is inoperative or unused for a period of six (6) continuous months shall be deemed abandoned. Written notice of the City's determination of abandonment shall be provided to the operator of the Wireless Facility and the owner(s) of the Site upon which it is located. Such notice may be delivered in person, or mailed to the address(es) stated on the Wireless Facility's Permit Application, and shall be deemed given at the time it is hand delivered or placed in first class mail. Such notice shall also provide that in the event the Wireless Facility is not removed as otherwise provided in this section, the Wireless Facility shall be deemed to be abandoned, and may be removed, retained, or otherwise disposed of by the City.

(3)

Removal of abandoned facility or hearing. The operator of the Wireless Facility and the owner(s) of the Site on which it is located, shall within thirty (30) days after notice of abandonment is given either (a) remove the Wireless Facility and restore the Site, or (2) provide the Department with written objection to the City's determination of abandonment and request for hearing before the City Council. If a written objection is timely received and a hearing is properly requested, the City shall conduct a hearing, and the procedures for hearings, notices and related fees set forth in Chapter 13.24 of this Code shall apply. At such hearing, the operator and/or owner shall be given the opportunity to provide evidence that the Wireless Facility was in use during the relevant six (6) month period, and that it is presently operational. The operator and/or owner shall also be given the opportunity to rebut or cross examine any evidence provided by the City to the contrary. The City Council shall review all evidence, determine whether or not the facility was properly deemed abandoned, and provide the operator written notice of its determination. As part of its determination the City Council may, but is not required to, provide the appealing owner or operator additional time to remove or salvage the abandoned Wireless Facility.

(4)

Removal by City. The City may remove any abandoned Wireless Facility, repair any and all damage to the Site caused by such removal, and otherwise restore the Site at any time after the latter of: (1) thirty (30) days following delivery of the notice of abandonment, or (2) immediately following delivery of a notice of decision by the City Council, or expiration of any additional time granted for approval, if applicable. The City may, but shall not be required to, store the removed Facility (or any part thereof). The owner of the Site upon which the abandoned Wireless Facility was located, and all prior operators of the Wireless Facility, shall be jointly liable for the entire cost of such removal, repair, restoration and storage, and shall remit payment to the City promptly after demand therefore is made. The City may, in lieu of storing the removed Wireless Facility, convert it to the City's use, sell it, or dispose of it in any manner deemed by the City to be appropriate.

(5)

Penalties. The operator of the abandoned Wireless Facility, and the owners of the Site upon which the Facility is located shall be in violation of this section for failure to timely comply with any requirements hereunder. Each such person shall be subject to penalties for each such violation, pursuant to this Code.

(6)

City lien on property. Until the cost of removal, repair, restoration and storage is paid in full, a lien may be placed on the personal property and any real property on which the abandoned Wireless Facility was located, for the full amount of the cost of removal, repair, restoration and storage. The Director shall cause the lien to be recorded in the Orange County Recorder's Office.

(v)

Severability. If any subsection, subdivision, paragraph, sentence, clause, or phrase of this section or any part thereof, is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this section or any part thereof. The City Council hereby declares that it would have passed each subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more subsections, subdivision paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid or ineffective.

(Ord. No. 03-03, § 5(18.60.200), 4-16-2003; Ord. No. 17-03, § 3(Exh. A), 4-19-2017; Ord. No. 17-09, § 3(Exh. A), 9-20-2017; Ord. No. 18-02, § 3(Exh. A), 2-21-2018)

Archery ranges may be established in designated zoning districts pursuant to the City Council's discretionary approval of a conditional use permit subject to the provisions of this section.

(a)

Purpose and intent. The purpose and intent of this section is to control the establishment and operation of archery ranges to ensure that they are constructed and operated in a manner that does not harm public health, safety, and welfare.

(b)

Required findings. A conditional use permit allowing the establishment an archery range may be approved only after the City Council has made the following findings, in addition to the required findings outlined in Chapter 13.24 of this Code:

(1)

The archery range is designed and will be operated in a manner that minimizes all reasonably anticipated risk from the conduct of archery to surrounding persons, animals, and property.

(c)

Standard requirements. In addition to any conditions of approval required by the City Council and any items necessary to ensure the standard of care for professional archery ranges, archery ranges shall comply with the following standard requirements at all times during operation:

(1)

Archery ranges shall be clearly signed as an archery range and located entirely within a fully fenced or enclosed area to prevent unintentional entry by the general public.

(2)

All entrances to archery ranges shall be secured or monitored to prevent unintentional entry by the general public.

(3)

Archery shall only occur at clearly identified archery stations, toward a clearly identified target, situated in a manner that is not in the reasonably anticipated path of travel for arrows from any other archery station or toward any other archery station or person.

(4)

No person shall be permitted to retrieve arrows or otherwise enter an area in front of any archery station unless, and only for so long as, all active archery on the archery range has ceased, and all arrows have been removed from any bows on the archery range.

(5)

Spectators and persons not actively engaged in archery at an archery station or archery range shall be confined to a clearly identified viewing area behind the archery stations.

(6)

Archery ranges shall display a clear and legible list of rules at each entrance and at each archery station to promote the safe conduct of archery and lawful use of the archery range. Rules shall also be immediately available, on-site, on standard 8½ by 11-inch paper, for distribution to any person upon request.

(7)

At all times during the operation of any archery range, such range shall be attended by at least one person designated in writing by the owner or manager of the archery range as responsible for archery and archery range safety, including but not limited to, enforcement of archery range rules, compliance with the terms and conditions of the authorizing conditional use permit, and compliance with any other applicable ordinances, statutes regulations, policies, or land use approvals. The owner or manager of the archery range shall be responsible for training, and assuring the qualifications for, attendants consistent with the standard of care for professional archery ranges.

(8)

Archery ranges shall not use live or moving targets.

(9)

Persons transporting arrows to or from archery ranges shall keep and maintain all arrows in a fully enclosed case, bag, or other device (e.g., quiver) separate from any bow, whether or not on or within the premises of the archery range.

(10)

Alcoholic beverages and controlled substances shall not be sold, stored, distributed, or consumed at archery ranges, and no person obviously under the effect of any alcohol, medication, or other type of substance affecting balance, coordination, or judgment shall be permitted to enter or remain on an archery range.

(11)

No person under the age of 18 shall be allowed at an archery range unless accompanied at all times by a parent, legal guardian, or other responsible adult.

(d)

Liability and property damage insurance requirements. Prior to the approval of a conditional use permit and at all times during the effectiveness thereof, the archery range operator shall maintain and upon request provide the City with a certificate and endorsement of insurance issued by an insurance company authorized to do business in the State of California and having a policyholder's rating of "A" (excellent) or better, and a financial rate of "X" or better in "Best's Insurance Reports—Fire and Casualty," or by a company approved in writing by the City's risk manager, which shall evidence the fact that the applicant has in full force and effect a comprehensive general liability and property damage insurance policy covering every activity of the proposed archery range. Such insurance shall be maintained at all times during the effective period of the conditional use permit. The amount of such insurance shall be in amounts to be determined by the City's risk manager. Said documents shall name the City of Laguna Woods, its elected and appointed boards, officials, officers, agents, employees, and volunteers as additional insureds and shall indicate that the insurance is primary and any insurance which may be carried by the City shall be considered as excess thereto. Any certificates and endorsements shall be subject to approval by the City as to form, content, and financial ability of the insurer.

(e)

Indemnification agreement. Prior to approval of a Conditional Use Permit and at all times during the effectiveness thereof, the archery range operator shall provide the City with valid and executed hold-harmless agreements in a form approved by the City's City Attorney and risk manager, which shall substantially state that each party agrees to indemnify, defend and hold the City of Laguna Woods and its elected and appointed boards, officials, officers, agents, employees, and volunteers harmless and free from any liability, penalty, expense or loss of any nature, including but not limited to liability for any damage, injury, or death to any persons or property resulting from, arising out of, or in any way related to the approval, establishment, and operation of an archery range.

(Ord. No. 14-01, § 1, 4-16-2014)

(a)

Purpose and intent. The purpose and intent of this section is to provide for the development of accessory dwelling units, consistent with California Government Code §§ 65852.150 and 65852.2, and other applicable law.

(b)

Applicability. This section applies to all lots located within a residential zoning district that are occupied, or proposed to be occupied, with a single-family dwelling unit or multi-family dwelling unit. Nothing in this section shall interfere with nor prohibit a private property owner or homeowners' association's ability to regulate or prohibit accessory dwelling units on lots for which they have such control, unless such lots are zoned for single-family residential use that meets the requirements of California Government Code §§ 65852.2 and 65852.22, in which case the provisions of California Civil Code § 4751 shall apply.

(c)

Definitions. For purposes of this section only, the following definitions, and the definitions set forth in California Government Code § 65852.2, as may be amended from time to time, shall apply:

(05)

Housing organization shall mean a bona fide nonprofit or not-for-profit organization that primarily does business or is involved in housing development, policy, or issues.

(10)

Living area shall mean the interior habitable area of a dwelling unit, including basements and attics, but not including a garage or any accessory structure.

(15)

Lot shall have the same meaning as set forth in Chapter 13.06 of this Code.

(20)

Passageway shall mean a pathway that is unobstructed clear to the sky, extending from a street to one entrance of an accessory dwelling unit.

(25)

Proposed single-family dwelling and proposed primary dwelling shall mean a single-family and/or primary dwelling that is the subject of a permit application filed with the City and that meets the requirements for City permitting.

(30)

Public transit shall mean a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, or other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

(35)

Tandem parking shall mean a driveway or any other location on a lot where two or more automobiles are able to park lined up behind one another.

(d)

Regulatory considerations. Accessory dwelling units that meet the requirements of this section shall not be considered by the City when calculating the allowable density for the lot upon which the accessory dwelling unit is located, and shall be deemed to be a residential use that is consistent with the General Plan and applicable zoning.

(e)

Review times. Applications for accessory dwelling units shall be approved or disapproved within 60 calendar days after receiving a completed application.

(f)

Development standards for accessory dwelling units contained within the space of a proposed or existing single-family dwelling or accessory structure, or existing multifamily dwelling.

(1)

The following provisions apply to accessory dwelling units contained within the space of a proposed or existing single-family dwelling or accessory structure, or existing multifamily dwelling:

a.

Accessory dwelling units shall not be sold or otherwise conveyed separately from the primary dwelling.

b.

Accessory dwelling units may be rented or leased separately from the primary dwelling, but must be for a period of more than 30 days.

c.

No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

d.

Accessory dwelling units shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, nor shall any related connection fee or capacity charge be imposed. This provision extends to local agencies, special districts, and water corporations.

e.

Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary dwelling and may employ alternative methods for fire protection.

(g)

Development standards for attached or detached accessory dwelling units.

(1)

The following provisions apply to attached or detached accessory dwelling units:

a.

Accessory dwelling units shall not be sold or otherwise conveyed separately from the primary dwelling.

b.

Accessory dwelling units may be rented or leased separately from the primary dwelling.

c.

No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

d.

Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary dwelling and may employ alternative methods for fire protection.

e.

A local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility for accessory dwelling units, unless the accessory dwelling unit is contained within the space of an existing single-family dwelling. Consistent with California Government Code § 66013, the connection may be subject to a connection fee or capacity charge that shall not exceed the reasonable cost of providing service. Water and sewer charges must be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system.

f.

The maximum square footage for an accessory dwelling unit, unless otherwise specified herein, is: (1) 850 square feet for an accessory dwelling unit with zero or one bedroom; or (2) 1,000 square feet for an accessory dwelling unit with more than one bedroom; and no more than 50 percent of the primary dwelling for an attached accessory dwelling unit. For attached accessory dwelling units that would exceed the 50 percent area of a primary dwelling threshold, the attached accessory dwelling unit may be a maximum of 800 square feet.

g.

The accessory dwelling unit is no more than 16 feet in height.

h.

The side and rear setbacks are at least four feet.

(h)

Parking requirements and exemptions.

(1)

Parking requirements for attached or detached accessory dwelling units are one parking space per unit or per bedroom, whichever is less. No parking spaces shall be required for accessory dwelling units converted from a demolished garage, carport, or covered parking structure of an existing single-family or multifamily dwelling or accessory structure.

(2)

Accessory dwelling units are exempt from the parking requirements set forth in this section when any one or more of the following are true:

a.

The accessory dwelling unit is located within one-half mile walking distance of public transit.

b.

The accessory dwelling unit is located within an architecturally and historically significant historic district.

c.

On-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

d.

A car share vehicle is located within one block of the accessory dwelling unit.

(3)

Required parking spaces for accessory dwelling units shall be permitted in setback areas in locations determined by the City or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.

(4)

When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement parking is not required for the lost parking space(s).

(i)

Permitted accessory dwelling units.

(1)

CATEGORY 1: CONVERSIONS IN SINGLE-FAMILY DWELLINGS: Applications for one accessory dwelling unit contained within the space of proposed or existing a single-family residence or accessory structure shall be ministerially approved with a building permit if all of the following are true:

a.

The accessory dwelling unit complies with applicable City building codes.

b.

The accessory dwelling unit complies with applicable provisions of Section 13.26.230(f) and 13.26.230(h) of this Code.

c.

Any expansion of space is limited to accommodating ingress and egress for the accessory dwelling unit and does not exceed 150 square feet.

d.

The accessory dwelling unit has independent exterior access from the existing residence.

e.

The accessory dwelling unit has side and rear setbacks sufficient for fire safety.

(2)

CATEGORY 2: DETACHED UNITS FROM SINGLE-FAMILY DWELLINGS: Applications for the new construction of one detached accessory dwelling unit per lot with a proposed or existing single-family dwelling, which may be consolidated with an application for a junior accessory dwelling unit contained within the space of the proposed or existing single-family dwelling, shall be ministerially approved with a building permit if all of the following are true:

a.

The accessory dwelling unit complies with applicable City building codes.

b.

The accessory dwelling unit complies with applicable provisions of Sections 13.26.230(g) and 13.26.230(h) of this Code.

c.

The total floor area of the accessory dwelling unit does not exceed 800 square feet.

(3)

CATEGORY 3: CONVERSIONS IN MULTIFAMILY DWELLINGS: Applications for multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space (e.g., storage rooms, boiler rooms, passageways, attics, basements, and garages) shall be ministerially approved with a building permit if all of the following are true:

a.

The accessory dwelling units comply with applicable City building codes.

b.

The accessory dwelling units comply with applicable provisions of Section 13.26.230(f) and 13.26.230(h) of this Code.

c.

The number of accessory dwelling units within an existing multifamily dwelling structure shall not be more than 25 percent of the existing multifamily dwelling units.

(4)

CATEGORY 4: DETACHED UNITS FROM MULTIFAMILY DWELLINGS: Applications for up to two detached accessory dwelling units per lot with an existing multifamily dwelling shall be ministerially approved with a building permit if all of the following are true:

a.

The accessory dwelling units comply with applicable City building codes.

b.

The accessory dwelling units comply with applicable provisions of Sections 13.26.230(g) and 13.26.230(h) of this Code.

(Ord. No. 19-02, § 3(Exh. A), 4-17-2019; Ord. No. 2020-01, § 3, 8-19-2020)