Lakewood City Zoning Code
PART 5
C-4 General Commercial Zone Regulations
§ 9350 Uses Permitted.
A.
Any use permitted as a matter of course in the C-3 zone under the same specified conditions, and including, in addition, the following:
1.
Adult Entertainment Business subject to the conditions specified in Section 9351.
[Added by Ord. 94-8]
2.
Automobile repair garages with incidental body and fender service if all operations are conducted within and enclosed by a building and the following conditions are also observed:
(a)
Where said body, fender, painting and/or upholstering operations are limited to an area of not greater than 15 percent of the total floor space of said building or buildings, and
(b)
Where, in addition, said operations are not closer than 50 feet to any residential zone, and where said operations are not closer than 100 feet to any street frontage property line; in order that said operations will not interfere with the health, safety and enjoyment of said surrounding residential property; and
(c)
Where all openings in the paint spray booth or body and fender shop, if said building or buildings are adjacent or near to adjacent residential zones separated only by alleys or service roads, are located away from said residential zones, and do not face said residential zones.
(d)
Where all auto painting is conducted within a spray booth approved by the Planning Commission or designated agency.
3.
Blueprinting or photostating.
4.
Bus or railway station.
5.
(Reserved)
6.
Glass edging, beveling, and silvering in connection with the sale of mirrors and glass decorated furniture.
7.
Kiddie ride or park (children only), operated at one particular location not longer than one week in any six-month period.
[Amended by Ord. 81-14]
8.
Printing plant.
9.
Microbreweries, Breweries, Wineries, and Distilleries. Facilities where alcoholic beverages (e.g., craft beer) are manufactured on the premises and where a license has been granted by the Department of Alcoholic Beverage Control. These are allowed, provided that no outside door to the room or an outdoor seating area where the alcoholic beverages are consumed is located is within two hundred (200) feet of land zoned for residential uses. Such uses are allowed to have on-site brewing and other related production activities, off-sale retail, on-site tasting and consumption of alcoholic beverages. The uses may include food preparation and service. This is allowed notwithstanding the provisions of Section 9340.C.4, regarding off-sale establishments.
[Amended by Ord. 2021-8]
10.
Theaters. Theater, within a building where:
[Amended by Ord. 307; Ord. 88-5]
(a)
The lot or integrated commercial center in which the theater is located has a minimum lot area of five (5) acres and
(b)
The building or portion of the building containing said use or the parking facilities thereof are located more than 200 feet from the boundaries of any land zoned for residential use.
11.
Public Dance and Entertainment where:
[Added by Ord. 98-9]
(a)
The use is conducted within a building.
(b)
The entry and exitways, into and out of the building are located at least two hundred (200) feet from residentially zoned property.
(c)
The parking area dedicated for said use is located no closer than one hundred (100) feet from residentially zoned property.
Adult Entertainment Businesses may be only established and maintained pursuant to a conditional use permit a hereinafter provided. |
B.
Uses Permitted Subject to Conditional Use Permit. The following uses are permitted provided that in each instance a conditional use permit has been obtained and continues in full force and effect:
[Amended by Ord. 2013-9]
1.
Theater, drive-in.
2.
Commercial recreation, subject to the same terms and conditions specified in §9347.D(5), with the exception that uses other than amusement arcades and billiard parlors may be conducted outside of a building.
[Added by Ord. 81-14]
3.
Heliports.
[Amended by Ord. 262]
4.
Microbreweries, Breweries, Wineries, and Distilleries. Facilities where alcoholic beverages (e.g., craft beer) are manufactured on the premises and where a license has been granted by the Department of Alcoholic Beverage Control. These are allowed subject to a Conditional Use Permit (CUP), where an outside door to the room or an outdoor seating area where the alcoholic beverages are consumed is located is within two hundred (200) feet of land zoned for residential uses. Such uses are allowed to have on-site brewing and other related production activities, off-sale retail, on-site tasting and consumption of alcoholic beverages. The uses may include food preparation and service. This is allowed notwithstanding the provisions of Section 9340.C.4, regarding off-sale establishments.
[Added by Ord. 534; amended by Ord. 2021-8]
5.
Truck and trailer rental service. Provided, further, trucks to be rented shall not exceed an unladen (empty) weight of 9,000 pounds and trailers to be rented shall not exceed an unladen weight of 1,750 pounds for van (or covered) trailers, and 1,250 pounds for open trailers.
[Added by Ord. 80-19]
6.
Second-hand store (does not permit salvage yard).
[Added by Ord. 85-15]
7.
Theater, within a building where the building or portion of the building containing said use or parking facilities thereof are located within 200 feet from boundaries of land zoned for residential use. However, said theater shall not be permitted on a lot or integrated commercial center less than five (5) acres in area.
[Added by Ord. 88-5]
8.
Tattoo Parlor. In the C-4 Zone "Tattoo Parlors" may be established pursuant to conditional use permit. The purpose of this regulation, pertaining to "Tattoo Parlors" is to restrict the location of such activity to general commercial and less restrictive zones, and to prohibit their location in close proximity to one and another, or to facilities primarily devoted to providing general services and sales, and family entertainment to children as well as to adults, thereby limiting the absolute number of adult uses in the City; and, in addition, effectively preventing a concentration of such uses. No conditional use permit shall be issued for Tattoo Parlor uses in violation of the following:
(a)
Within five hundred (500) feet of any area zoned for residential use;
(b)
Within five hundred (500) feet of any establishment serving alcoholic beverages for on-premise consumption;
(c)
Within one thousand (1000) feet of any other tattoo parlor;
(d)
Within one thousand (1000) feet of any adult entertainment business;
(e)
Within one thousand (1000) feet of any church, public or private school, or college, park, library, public playground or park, building and facilities owned and maintained by any public entity for the public use, or any noncommercial establishment operated by a bona fide religious organization, or any establishment likely to be used primarily by minors;
(f)
For the purpose of this subsection the distance between any two such uses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any tattoo parlor use and those uses enumerated in subparagraph (a), (c), and (d) shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the tattoo parlor business to the closest property line of the lot of said enumerated use, aforementioned.
(g)
For the purpose of this subsection "public park or playground" includes parks, playgrounds, swimming pools, and athletic fields of the City, a school district, or a church or a religious organization. "Church" includes any building which is used primarily for religious worship and related religious activities, as well as the grounds thereof. "School or college" means an institution of learning which offers instruction and other courses of study required by the California Education Code, or which is maintained pursuant to standards set forth by the State Board of Education. This definition also includes nursery schools, kindergartens, day schools, elementary schools, junior high schools, senior high schools, community or junior colleges, colleges or universities, and any special institution of learning under the State Department of Education.
(h)
The aforementioned distance requirements of five hundred (500) or one thousand (1000) feet, whichever the same may be, may be reduced by the Planning and Environment Commission on application of any person interested, but in no case less than two hundred fifty (250) feet, and where the Planning and Environment Commission after hearing makes the following findings:
(1)
The proposed use will not be contrary to the public interest or injurious to nearby properties, and the spirit and intent of this section will be observed.
(2)
Intervening streets or alleys serve in part as an adequate buffer, and with other conditions imposed the public health, safety and welfare will be as well protected as if the full distance requirements of this subsection were met.
(3)
The location and proximity of adjoining and surrounding businesses and properties have been considered, and under the conditions imposed, including but not limited to, construction and maintenance of walls and landscaping buffers, location and maintenance of parking areas, limitation on hours of operation and exterior lighting, limitation on authorized exterior signing, and location of exterior doors and windows, the public health, safety and welfare will be adequately served.
[Added by Ord. 92-1]
10.
Hotels and Motels where a Conditional Use Permit has been obtained and remains in full force and effect, and provided that the following conditions and standards are met and maintained at all times:
[Added by Ord. 2003-8]
(a)
All hotels and motels shall have a minimum lot area of one (1) acre.
(b)
No hotel or motel abutting residentially zoned property shall exceed a height of three (3) stories or forty-five (45) feet whichever is the lesser.
(c)
Primary access to all guest rooms shall be through a common, indoor lobby. Said lobby shall be furnished with a desk or counter, which shall be staffed by a hotel or motel employee at all times. This subsection shall apply to both hotels and motels, but does not apply to extended stay hotels.
(d)
A manager of at least 21 years of age shall be on the premises at all times.
(e)
Hotels and motels shall provide lodging on a temporary basis to any one guest for at least one (1) day and not more than 30 consecutive days, and in no case shall a combination of stays by any one guest exceed 120 days during any calendar year. Guest rooms shall not be rented on an hourly basis. For the purposes of this subsection, the calculation of the length of each stay shall commence upon the initial date of registration. This subsection shall apply to both hotels and motels.
(f)
The following accessory uses may be allowed in conjunction with a hotel or motel:
(1)
Automobile Rentals consisting of office space for staff and space for vehicle storage. Said rental vehicle storage spaces shall not utilize required hotel or motel parking spaces, or any other parking spaces required for accessory uses.
(2)
Conference Centers, Meeting Rooms, and/or Ball Rooms for events including but not limited to conferences, meetings, weddings.
(3)
Childcare services for the exclusive use of guests.
(4)
Gift Shop consisting of a defined space and/or room where magazines, newspapers, snacks, sundries, and other similar items are sold.
(5)
A gymnasium or Health Club consisting of a defined space and/or room where exercise equipment, machines, and related equipment is available for use by guests only. May include adjacent restrooms and showers.
(6)
Office Support Services consisting of a defined space and/or room(s) where facsimiles, photocopying, report binding, computer access, and similar facilities are available for guests and/or visitors.
(7)
Personal Care Services consisting of a defined space and/or room(s) where barber, beauty salon, and similar services are available to guests and visitors.
(8)
Recreational Facilities including saunas, spas, swimming pools, tennis courts, and similar such facilities for use by guests and visitors.
(9)
Resort Facilities including the facilities found in Recreational Facilities, as well as golf courses, theaters, day spa, and similar such attractions for use by guests and visitors.
(10)
Restaurants, Cafes, Bars for the use by guests and visitors.
(11)
Sale of Alcoholic Beverages for on-site consumption, including beverage service in a restaurant, cafe, and/or bar, as well as room service and/or in-room mini-bars.
(12)
Bingo, Casinos, Gambling, and Games of Chance are not permitted accessory uses.
11.
Hotels-Extended Stay where a Conditional Use Permit has been obtained and remains in full force and effect, and provided that the following conditions and standards are met and maintained at all times:
[Added by Ord. 2003-8]
(a)
Extended stay hotels shall not include amenities intended to draw traffic to the site by individuals not registered on the premises. Meeting and Conference Rooms, Recreational Facilities, and Office Support Services shall be the only accessory uses allowed in conjunction with an extended stay hotel.
(b)
Lodging shall be provided on a temporary basis to any one guest for a period of at least 30 consecutive days but not more than 180 consecutive days during any calendar year. For the purposes of this subsection, the calculation of the length of each stay shall commence upon the initial date of registration.
(c)
All extended stay hotels shall have a minimum lot area of one (1) acre.
(d)
No extended stay hotel abutting residentially zoned property shall exceed a height of three (3) stories or forty-five (45) feet whichever is the lesser.
(e)
Each guest unit shall have a minimum floor area as follows: Efficiency and studio units, 600 square feet; one-bedroom units, 750 square feet; two-bedroom units, 900 square feet. No guest unit shall have more than two (2) bedrooms. Each guest room shall contain a kitchen facility containing a range cook-top, automatic dishwasher, microwave or conventional oven, full-size refrigerator, two-basin sink, and adequate cookware, flatware, and dishware.
(f)
Guest units may have primary access directly from an exterior walkway.
(g)
A manager of at least 21 years of age shall be on the premises at all times.
(h)
A laundry room containing at least one (1) pair of washing machines and dryers for each 50 guest units shall be provided to guests for their use, or a washer and dryer shall be provided in each guest unit.
(i)
The following accessory uses may be allowed in conjunction with an extended stay hotel:
(1)
A Gymnasium or Health Club consisting of a defined space and/or room(s) where exercise equipment, machines, and related equipment is available for use by guests only. May include adjacent restrooms and showers.
(2)
Meeting and Conference Rooms.
(3)
Office Support Services consisting of a defined space and/or room(s) where facsimiles, photocopying, report binding, computer access, and similar facilities are available for guests only.
(4)
Recreational Facilities including saunas, spas, swimming pools, tennis courts, and similar such facilities for use by guests only.
(5)
Bingo, Casinos, Gambling, and Games of Chance are not permitted accessory uses.
12.
Tobacco and Nicotine Product Sales. Sales of tobacco and nicotine products may be established in the C-4 zone or less restrictive zone districts, subject to a conditional use permit. No conditional use permit shall be issued for a tobacco and nicotine product sales facility in violation of the following:
[Added by Ord. 2013-9]
(a)
No portion of the tobacco and nicotine product sales facility shall be within one thousand (1,000) feet of the property boundary of any church, public or private school, or college, library, public playground or park, building and facilities owned and maintained by any public entity for the public use, or any noncommercial establishment operated by a bona fide religious organization, or any establishment likely to be used primarily by minors;
(b)
For the purpose of this subsection:
(1) PUBLIC PARK OR PLAYGROUND
Includes parks, playgrounds, swimming pools, and athletic fields of the City, a school district, or a church or a religious organization.
(2) CHURCH
Includes any building which is used primarily for religious worship and related religious activities, as well as the grounds thereof.
(3) SCHOOL or COLLEGE
Means an institution of learning which offers instruction and other courses of study required by the California Education Code, or which is maintained pursuant to standards set forth by the State Board of Education. This definition also includes nursery schools, kindergartens, day schools, elementary schools, junior high schools, senior high schools, community or junior colleges, colleges or universities, and any special institution of learning under the State Department of Education.
(c)
Notwithstanding the foregoing or the provisions of Section 9392.A. l regarding nonconformity abatement and termination, no conditional use permit shall be required for a tobacco and nicotine product sales facility that was operating in any zone district with a valid business license issued by the City for that purpose prior to the effective date of this section as amended, provided that:
(1)
The facility operates continuously with a valid business license without substantial change in mode, character or expansion of the operation;
(2)
There is no break in continuous operation greater than one hundred eighty (180) days; and
(3)
Any repair or remodeling does not change the nature of the facility and does not increase the square footage of the business used for the sale of tobacco and nicotine products.
13.
Commercial Carwash. Any self-service or full-service permanent facility offering hand and/or mechanical car washing, which includes detailing, waxing, and/or cleaning of vehicles. Carwash facilities may include outdoor vacuums, vacuum stations, and other outdoor equipment and activities normally associated with a carwash. Other activities and uses may co-locate with a carwash as deemed acceptable by the Planning and Environment Commission. The review of any proposed design shall consider and mitigate any identified impacts to adjacent properties, including those from noise, light, glare, vibration, parking, circulation and appropriate stacking distance for access lanes.
[Added by Ord. 2018-6; amended Ord. 2018-9]
(a)
Any commercial carwash that was approved with a conditional use permit prior to and that was valid on the effective date of this Ordinance shall remain as a fully authorized land use. Any proposed modification to such a previously approved carwash shall be subject to the provisions listed in Subsection 9347.D.11.
(b)
Hours of Operation. Commercial carwashes shall not be open to the public for operation prior to 7 a.m. and shall not operate after 8 p.m. everyday.
§ 9351 Limitation on Uses Permitted.
Every use permitted in a C-4 zone shall be subject to the conditions and limitations set forth in Section 9341, with the following exceptions:
A.
(Reserved)
B.
In the C-4 zone no building shall exceed a height determined by the total floor area in which said total floor area shall not exceed ten (10) times the buildable area of such parcel of land upon which the building is located. In determining the total floor area of the building, the cellar floor space, parking floor space, ramps, and roof structure space shall not be included.
C.
Heliports. No heliport or helistop shall be permitted within the City of Lakewood except in Zone C-4, and M-1, and Zone M-2, and then only pursuant to and in accordance with a Conditional Use Permit granted in accordance with the terms and provisions of this Chapter. No Conditional Use Permit for heliport or helistop shall be granted unless all the terms and provisions of this Code are complied with pertaining thereto and unless the particular heliport or helistop has been found to be reasonably necessary or convenient in the area in which it is proposed to be located; and it is further found that its use and operation will not adversely effect in a substantial way the character of the neighborhood and will not be detrimental to the public health, safety and welfare. In addition to those conditions that may be imposed by the City Planning Commission or City Council in granting such a Conditional Use Permit, the following conditions shall apply:
1.
As used herein, heliport shall include helistop.
2.
Heliports shall be divided into two classes as follows:
(a)
Private heliports defined as heliport used only by helicopters while engaged in the personal or business operations of the person or company maintaining such heliport.
(b)
Public heliports defined as heliports regularly used by helicopters carrying persons or property for hire or used for the conduct of flight instruction for hire or used as a base for charter or rental of helicopters.
3.
No permit for heliport shall be granted by the City Planning Commission unless the applicant first has received approval of the Federal Agency and the State Aeronautics Commission wherever required. Whether or not approval of the State Aeronautics Commission or Federal Aviation Agency is required, all such applications shall be reported to said agency in detail by the City with a request for Federal and State recommendations pertaining to the granting of the use and restrictions to be placed thereon. No such permit shall be granted unless said Federal and State agencies have reported thereon, or sixty days have elapsed from the date of formal request to said agencies for said report.
4.
Any Conditional Use Permit granted hereunder shall be subject to any restriction or regulation imposed by the Federal Aviation Agency of the State Aeronautics Commission in the granting of any permit by said agency.
5.
In the granting of Conditional Use Permit, the City Planning Commission or City Council shall impose any additional reasonable or necessary condition as suggested or recommended or required by the Federal Aviation Agency, the State Aeronautics Commission, the City Engineer, the City Fire Warden and the law enforcement agency of the City. Before any Conditional Use Permit is granted, the City Planning Commission or City Council shall request of and receive from the City Engineer, Fire Warden, law enforcement agency, reports in writing pertaining to said application and necessary or required conditions to be imposed.
6.
Each permit shall be subject to the condition that the surface of the heliport be such that dust, dirt or other objectionable matter will not be blown onto the adjoining property by helicopter operations.
7.
Each such permit granted shall be subject to the condition that all provisions of the Building, Fire and Health Code are complied with at all times, including such special provisions thereof as may be applicable in the case of heliports and helicopters.
8.
No permit shall be granted unless the person owning or controlling the premises to be used has given his consent to such use.
9.
Each permit shall be subject to the condition that the permittee neither authorize, allow or permit the use of his facilities by persons, firms or corporations violating any provisions of this Code pertaining to the operation of helicopters or any safety regulation prescribed by an agency of the Federal Government or the State of California, and on the further condition that helicopters from said heliport be operated in accordance with minimum safe altitudes as prescribed by this Code and in accordance with traffic patterns, or approach routes for a heliport as are prescribed by the Federal Aviation Agency.
10.
Each permit shall be granted on the condition that the permittee procure, obtain and file with the City Clerk and maintain in full force and effect liability insurance insuring said permittee, its officers, agents and employees, as well as its subcontractors, their agents and employees, its lessees and tenants in the sum of at least $100,000.00 per person and $300,000.00 per accident and $50,000.00 property damage, or in such additional sums as shall be deemed necessary by the City Planning Commission, from liability to anyone who might be injured by reason of negligence or nonfeasance of said permittee or its subcontractors, or its agents, officers or employees or its tenants or lessees in the operation of said heliport or helicopters to and therefrom.
11.
The Conditional Use Permit for a public heliport shall be on the condition that adequate provision be made to control the access of the public to the heliport and on the further condition that appropriate provisions are provided for surface vehicle parking, the exact quantity and extent thereof to be specified in the permit.
12.
A Conditional Use Permit for a public heliport shall be on the continual condition that the permittee maintain in good force and effect a permit from the State Aeronautics Commission and in addition comply with such additional requirements for conditions as shall be recommended by the City Engineer, Fire Warden, and law enforcement agency for protection of the general public in using the facilities of a public heliport.
13.
Any such Conditional Use Permits granted hereunder shall be on the additional condition that the permittee receive from and maintain in full force and effect a permit from the Director of Finance for the operation of such a heliport and pay when due and owing all permit fees and business license fees that may be required by Article VI of the Code.
[Added by Ord. 262]
D.
Adult Entertainment Business. In the C-4 Zone "Adult Entertainment Business" may be established provided the following regulations and conditions, as well as any other applicable provision of this Code, are complied with at all times. The purpose of the regulations of this Part, pertaining to "Adult Entertainment" is to restrict the location of such activity to heavy commercial and less restrictive zones, and to prohibit their location in close proximity to one and another, or to facilities primarily devoted to providing general services and sales, and family entertainment to children as well as to adults, thereby limiting the absolute number of adult uses in the City; and, in addition, effectively preventing a concentration of such uses. No Adult Entertainment Business shall be maintained in violation of the following:
[Added by Ord. 83-3; amended by Ord. 94-8]
1.
Within five hundred (500) feet of any area zoned for residential use;
2.
Within one thousand (1000) feet of any other adult entertainment business;
3.
Within one thousand (1000) feet of any church, public or private school, or college, park, library, public playground or park, building and facilities owned and maintained by any public entity for the public use, or any noncommercial establishment operated by a bona fide religious organization, or any establishment likely to be used primarily by minors; aforementioned.
4.
For the purpose of this subsection the distance between any two such uses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult entertainment use and those uses enumerated in subparagraph (1) and (3) shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment business to the closest property line of the lot of said enumerated use,
5.
For the purpose of this subsection "public park or playground" includes parks, playgrounds, swimming pools, and athletic fields of the City, a school district, or a church or a religious organization. "Church" includes any building which is used primarily for religious worship and related religious activities, as well as the grounds thereof. "School or college" means an institution of learning which offers instruction and other courses of study required by the California Education Code, or which is maintained pursuant to standards set forth by the State Board of Education. This definition also includes nursery schools, kindergartens, day schools, elementary schools, junior high schools, senior high schools, community or junior colleges, colleges or universities, and any special institution of learning under the State Department of Education.
6.
The aforementioned distance requirements of five hundred (500) or one thousand (1000) feet, whichever the same may be, may be reduced by the Planning and Environment Commission on application of any person interested, but in no case less than two hundred fifty (250) feet, and where the Planning and Environment Commission after hearing makes the following findings:
(a)
The proposed use will not be injurious to nearby properties, and the spirit and intent of this section will be observed.
(b)
Intervening streets or alleys serve in part as an adequate buffer, and with other conditions imposed the public health, safety and welfare will be as well protected as if the full distance requirements of this subsection were met.
(c)
The location and proximity of adjoining and surrounding businesses and properties have been considered, and under the conditions imposed, including but not limited to, construction and maintenance of walls and landscaping buffers, location and maintenance of parking areas, limitation on hours of operation and exterior lighting, limitation on authorized exterior signing, and location of exterior doors and windows, the public health, safety and welfare will be adequately served.
§ 9352 Front Yard.
When property classified as C-4 comprises part of the frontage in a block on one side of a street between intersecting streets or alleys and the remainder of the frontages in the same portion of the block between such intersecting streets or alleys is classified for "R" purposes, the front yard of such property shall conform to the front yard requirements of said "R" zone.
§ 9353 Side Yards.
Property in a C-4 Zone need provide no side yards.
§ 9354 Rear Yard.
[Amended by Ord. 86-14]
Property in the C-4 zone need provide no rear yard setback, except when the rear yard of C-4 zoned property abuts R-1 or R-A zoned property, a 20 feet rear yard setback shall be maintained. A lesser rear yard setback abutting R-1 or R-A zoned property may be allowed, pursuant to a Conditional Use Permit and subject to such conditions necessary to protect the public health, safety and welfare.