Lakewood City Zoning Code
PART 6
M-1 Light Manufacturing Zone Regulations
§ 9360 Uses Permitted.
A.
Any use permitted in the C-4 Zone under the same specified conditions, except that the following shall not be permitted:
1.
Hospitals or rest homes provided, however that emergency hospitals of six beds or less are allowed in M-1 Zones.
2.
Hotels.
3.
(Reserved)
4.
Motels.
5.
(Reserved)
6.
Bars. Including cocktail lounges, or any place offering alcoholic beverages for sale for on-site consumption, except where in connection with a private club, a bona fide eating establishment (i.e., restaurant) as defined by the Business and Professions Code or a manufacturer of alcoholic beverages where the alcoholic beverages are manufactured on the premises and where a license has been granted by the Department of Alcoholic Beverage Control, and provided that no outside door to such bar, cocktail lounge or place where said beverage is consumed is located within two hundred feet of land zoned for residential uses. Microbreweries are allowed as specified in the C-4 zone.
[Added by Ord. 451; amended by Ord. 2014-3; Ord. 2021-8]
7.
Churches.
[Added by Ord. 478]
8.
Storage, Self Facility.
[Added by Ord. 2003-4]
B.
Light Manufacturing or Industrial Uses, including the following:
1.
Animal hospital.
2.
Automobile body and fender repair (does not permit automobile wrecking)
3.
Bakery.
4.
Building materials yard.
5.
Cabinet shop.
7.
Catering establishment.
8.
Ceramics manufacturing.
8a.
Check Cashing Business. Provided the integrated commercial center in which said check cashing business is located is a minimum of three (3) acres in lot area.
[Added by Ord. 93-3]
9.
Circus.
10.
Clothing manufacturing.
11.
Contractor's storage yard.
12.
Dog kennel.
13.
Electric transmission substation.
14.
Equipment rental, heavy (includes agricultural and power-operated garden equipment).
16.
Frozen food lockers.
17.
Furniture manufacturing, re-upholstering, or redecorating.
18.
Furniture storage.
19.
Laundry.
20.
Lumber yard (no storage boxes or crates)
21.
Machine shop.
22.
Optical goods manufacturing.
23.
Pest control service.
24.
Poultry and rabbit slaughter.
25.
Public utilities service yards.
27.
Rug manufacturing or cleaning.
28.
Second-hand store (does not permit salvage yard).
[Added by Ord. 85-15]
28a.
Self-Storage Facility.
[Added by Ord. 2021-8]
29.
Sheet metal shop.
30.
Textile manufacturing.
31.
Tire retreading.
32.
Transfer company.
33.
Truck storage or rental.
34.
Wholesaler, jobber and distributor.
35.
The aforementioned designation of specific uses within this zone shall not be construed as meaning that no other light manufacturing or industrial uses which are not more obnoxious or detrimental to the public health, safety, or welfare than those enumerated are prohibited. However, if a use is not specified or does not come within the general meaning of Subsection B, it shall be deemed prohibited in all cases of doubt.
C.
Service Stations, provided that:
[Added by Ord. 534]
1.
There shall be no sale of products not incidental to vehicular use, other than cigarettes, candy, and soft drinks.
2.
All items for sale shall be displayed within the main building, with the exception that new and used tires, not to exceed twenty-five (25) in number, with the exception that not more than fifty (50) additional tires may be stored in movable storage racks, oil cans, related items, gasoline pumps, and coin-operated vending machines may be maintained within ten feet of said buildings or on the station's service islands.
D.
Massage Parlors and the Business of Massage may be established provided a conditional use permit has been obtained, and is held in full force and effect; and provided the following conditions are observed:
[Added by Ord. 83-3]
1.
No such use shall be maintained within five hundred (500) feet of another such use, or within five hundred (500) 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 land zoned for residential purposes.
2.
The Planning and Environment Commission on application of any interested person, and following a public hearing, may reduce the aforementioned five hundred foot requirement to a distance of not less than two hundred fifty (250) feet, provided the following findings are made:
a.
The proposed use will not be contrary to the public interest or injurious to nearby property, and the spirit and intent of this subsection will be observed.
b.
The effect of intervening streets and alleys and conditions imposed in respect to said use will adequately protect the public health, safety and welfare as if said five hundred foot requirement had been met.
E.
Indoor Swap Meets may be conducted provided the same is maintained indoors and authorized by a conditional use permit and the following conditions are observed:
[Added by Ord. 2002-11]
1.
Swap Meet Operator. Each swap meet shall have a person engaged in the business of conducting, managing or maintaining the swap meet known as the Swap Meet Operator. The Swap Meet Operator may be an individual to whom the conditional use permit has been issued or the representative of any other legal entity to which the conditional use permit has been issued. The Swap Meet Operator shall be responsible for the coordination of all aspects of the swap meet including solicitation of vendors, assignment of vendor selling spaces, crowd control on the premises, controlling parking on the grounds and reporting to the Sheriff of any activities necessitating law enforcement. The term Swap Meet Operator does not include a person or legal entity who owns or leases the land provided that legal entity or person has no control over the event and has no personal knowledge of any facts arising from the event which constitute a violation of any provision of this chapter.
2.
Swap Meet Vendor means and includes any person issued by the swap meet vendor of a selling space at a swap meet and who engages in the selling or exchange or personal property at the swap meet.
3.
Indoor Swap Meets. All swap meets as defined in this chapter shall be conducted indoors as follows:
(a)
The building to be occupied by the proposed conditional use shall have a minimum floor area of 30,000 square feet.
(b)
The minimum square footage of each vendor space shall be 150 square feet.
(c)
All display, sales purchases, trades transactions shall occur within the building.
(d)
A centralized loading/unloading area serving all of the vendors shall be provided.
(e)
Two parking spaces for each 150 square feet of gross floor area shall be provided.
(f)
No loud speakers or sound equipment which can be heard from exterior areas shall be used on the premises.
(g)
No swap meet vendor or customer shall sell, buy, trades, barter, or exchange any good between the hours of 9:00 P.M. and 7:00 A.M. of the following day.
(h)
The sale of the following items are prohibited:
(1)
Guns, rifles, pistols, regardless of age or condition.
(2)
Ammunition.
(3)
Knives and weaponry unless the display, sale or exchange of the same has been approved in writing by the law enforcement agency.
(4)
Alcoholic beverages.
(5)
Adult entertainment business as defined in Section 9302.2.a of the Lakewood Municipal Code.
(i)
All interior aisles shall have a minimum width of seven (7) feet.
(j)
One (1) security guard for each 30,000 square feet of floor area shall be present on site and on duty during all hours of operation.
(k)
No personal services including but not limited to massage, chiropractic care, acupuncture, acupressure, manicure, pedicure, hair cutting, and/or tattoos, etc. shall be conducted or offered.
(l)
No indoor swap meet shall be allowed within a 300 foot radius from any school, park, church or any land zoned for residential use.
(m)
The sale of food or non-alcoholic beverages for on-site consumption shall be pursuant to license or permit issued by the Health Department and in compliance with all health regulations of this Code or the Health Department.
(n)
All food and/or beverages intended for the off-site consumption shall be pre-packaged.
4.
License and Permit.
(a)
Each Swap Meet Operator shall maintain at all times a conditional use permit as herein provided and a business license. The Swap Meet Operator shall also maintain the registration form of each Swap Meet Vendor in the form and manner and for the time directed and approved by the Director of Finance.
(b)
Each Swap Meet Vendor shall register with the Swap Meet Operator prior to the vendor doing business on the Operator's premises. The registration form shall be approved by the Director of Finance and shall provide at least the following information: Name and address of Vendor, vehicle license number, date, positive identification such as driver's license number, or bona fide governmental identification. The form shall consist of four (4) parts with the original retained by the Director of Finance, a copy for the law enforcement agency, a copy for the Swap Meet Operator, and one copy retained by the Swap Meet Vendor. The Swap Meet Operator shall retain his or her copy of the registration form for a period of three (3) years.
(c)
Each Swap Meet Vendor shall obtain a business license from the City of Lakewood, unless otherwise exempt, and display or make available for inspection a sales tax permit.
5.
Inspection. The premises of all swap meets shall, when open to the public, be subject to inspection by the law enforcement agency in pursuit of its official duties, and no person shall hinder or obstruct any such authorized law enforcement officer in making such inspection.
6.
Evidence of Authority to Sell. Each Swap Meet Vendor shall have adequate evidence of authority to sell any article provided in the Vendor's sales space. The Swap Meet Vendor shall have on file a list of all property offered for sale for inspection when requested by the law enforcement agency, the City, or the Operator. Whenever the circumstances of possession of an item by a Swap Meet Vendor would reasonably lead a prudent person to conclude that the Swap Meet Vendor lacks adequate evidence for the authority to sell, the law enforcement agency or its representative shall mark such item with an identifying tag, and the item shall thereafter be suspended from sale or exchange for a period of time not to exceed thirty (30) days. The item shall be retained during the thirty-day period by the Swap Meet Vendor.
F.
Self-Storage Facility Caretaker Quarters may be established provided a conditional use permit has been obtained and is held in full force and effect and provided the following conditions are observed:
[Added by Ord. 2003-4]
1.
In connection with a self-storage facility, an apartment or habitable quarters containing not more than two bedrooms may be maintained for a caretaker or manager of the facility.
2.
Use and occupancy of the quarters shall be limited to the management and operation of the self-storage facility and shall not be leased, rented or otherwise utilized for habitable purposes by any person other than the manager or caretaker and family of the self-storage facility.
3.
Said quarters or apartment should only be used and maintained as long as the self-storage facility is open to the public and shall be vacated and no longer used if the self-storage facility should cease operations.
G.
Industrial Training Facilities, with or without outdoor curriculum activities, provided in each instance a Conditional Use Permit has been obtained and continues in full force and effect.
[Added by Ord. 2013-10]
§ 9361 Limitations on Uses Permitted.
Every use permitted in an M-1 Zone shall be subject to the following conditions and limitations:
A.
No use shall be conducted so as to be objectionable by reason of excessive noise, odor, dust, mud, smoke, vibration, or other similar causes.
B.
None of the uses enumerated in Section 9360 shall include use of the following unless a conditional use permit is first obtained and kept in full force and effect as provided in and subject to the provisions of Part 10 of this Chapter:
C.
Open storage of material and equipment is permitted only when the storage area is enclosed with solid fence masonry wall, or chain link fence with screen planting not less than six (6) feet in height. Such screen planting shall be permanently maintained.
D.
(Reserved)
E.
Any garage or portion of any building having vehicular access to an alley shall be located not less than twenty (20) feet from the center line of said alley.
F.
(Reserved)
G.
Trailer Coaches. Notwithstanding any provisions of this Chapter or this Code to the contrary, trailer coaches may be used as temporary living quarters in connection with the authorized sale of fireworks during the period 12:00 o'clock noon, June 21, to 12:00 o'clock noon, July 10 of any year; or as a temporary sales office or temporary living quarters where in connection with Christmas trees, from November 1 to December 31 or any year; or as an office for any political party, movement, or candidate, for a period of time not exceeding sixty calendar days prior to any election. No person shall establish, maintain or occupy such a trailer coach for any of the aforementioned purposes unless he has been first issued an occupancy permit therefor and provided further the following conditions are observed and complied with at all times:
[Added by Ord. 459; amended by Ord. 464]
1.
In order to avoid an undue concentration of such temporary quarters, there shall not be more than one trailer coach per one hundred thousand square feet of commercial or less restrictive zoned land.
2.
All applicable provisions of the Building Code not inconsistent with this Part, are observed at all times and a permit therefor issued pursuant to the terms and provisions of the Building Code is maintained at all times.
3.
The owner and occupant of such a trailer coach shall, within five days after the expiration of the aforementioned period, remove said trailer coach from the premises and clear and clean the premises of all rubbish, debris, temporary stakes, poles and other materials. No person shall maintain or occupy such a trailer coach unless he has deposited with the City the sum of $100.00 guaranteeing the faithful performance of this Section and, in the event any such person should fail to comply with the terms and provisions of this subsection, the City may, without further notice, clear said trailer coach site of all materials, including said trailer coach, and retain said sum of $100.00 for the City's costs and expenses in connection therewith.
4.
Said trailer coach facility has access to restroom facilities within two hundred feet from the site of said trailer coach.
5.
Off-street parking facilities, in accordance with the terms and provisions of this Chapter, are provided contiguous to said trailer coach or on any adjoining lot or parcel within two hundred feet of said trailer coach site.
6.
Said coach is provided with temporary electrical service, all installed and maintained in accordance with the terms and provisions of the Electrical Code.
7.
Each coach built after May 25, 1967 shall bear the insignia of the State of California.
8.
Said trailer shall be maintained only at the location shown on the plot plan on file.
§ 9363 Building Height.
No building shall exceed a height of four (4) stories or fifty-five (55) feet, whichever is the lesser.
§ 9364 Location of Buildings and Uses.
[Amended by Ord. 2018-9]
No area in Zone M-1 which is within fifty (50) feet of any property in a residential zone shall be used for M-1 uses. However, such are may be used for off-street parking for automobiles or access to M-1 property.
§ 9365 Front Yard.
[Amended by Ord. 2018-9]
When property classified as M-1 comprises part of the frontage in a block otherwise zoned for residential purposes, the front yard of such M-1 zoned property shall conform to the front yard requirements of the abutting residential zone.
§ 9366.1 Side Yards.
Property in an M-1 zone need provide no side yards.
§ 9366.2 Rear Yard.
Every lot and every parcel in an M-1 zone, when used for "C" or "M-1" purposes and which abuts upon property classified for "R" purposes and does not abut upon an alley, shall provide a rear yard of not less than twenty (20) feet.
§ 9367 Oil Wells and Related Facilities.
[Added by Ord. 78]
The Planning Commission and the City Council having found that the drilling or installation or operation of an oil well or oil wells within the present boundaries and limits of the City of Lakewood where located north of Carson Street within the City of Lakewood would be detrimental to the public health, safety and welfare due to its proximity to residential development, the drilling or installation or operation of an oil well or oil wells including the installation and use of such equipment, structures and facilities as are necessary or convenient for all drilling and producing operations customarily required or incidental to usual oil field practice including, but not limited to, the initial operation for oil or gas or for the storage, handling, recycling, and transportation of such oil or gas to and from the premises, is hereby prohibited within the boundaries of the City of Lakewood as they now exist, except within that area now or hereafter zoned for manufacturing in the City of Lakewood south of the southerly boundaries of Carson Street and where also a permit has been issued by the City Council for such operations. The City Council may grant a permit to so drill, construct, maintain or operate the aforementioned facilities following a public hearing before both the City Planning Commission and the City Council, and provided further that the City Council finds that the granting of said permit would not be detrimental to the public peace, health, safety and welfare. In granting said permit the City Council may impose any reasonable condition or limitation in addition to those imposed by ordinance where not in conflict with the same and where necessary in order to promote the public peace, health, safety and welfare. The City Council may by ordinance provide a procedure for hearing said application and for the imposition of conditions and limitations.
§ 9367.1 Future Boundaries.
[Added by Ord. 78]
No oil well or related equipment, structures or facilities as set forth in Section 9367, shall be drilled, maintained, constructed or operated within any territory hereinafter annexed to or consolidated with this City unless said territory shall be subsequently zoned an M zone by the City in accordance with law, and unless a permit to do so is first obtained as provided in Section 9367 and the ordinances of the City of Lakewood.
§ 9367.2 Same.
[Added by Ord. 77]
In addition to the requirements and regulations set forth in this Code and the foregoing sections, no oil well, including the installation and use of such equipment, structures and facilities as are necessary or convenient for all drilling and producing operations customarily required or incident to usual oil field practice, including, but not limited to, the initial operation for oil or gas, and for the storage, handling, recycling and transportation of oil or gas to and from the premises, shall be drilled and constructed within an M-1 zone within that area allowed by Sections 9367 and 9367.1 within the City of Lakewood until after a permit to so drill, construct or operate within said area has been issued by the City Council of the City of Lakewood as provided in Section 9367 and as hereinafter provided.
§ 9367.3 Application.
[Added by Ord. 77]
All applications for a permit to perform those matters set forth in Section 9367 shall be in writing and filed with the City Clerk stating the proposed operation, the location of the same, and containing a description of the type of installation to be installed, and shall state such additional matters of information as required by the Planning Commission. This application shall be in addition to any application for a permit required by any other provision of this Code, and by the City building ordinances or other ordinances.
§ 9367.4 Hearing Before City Planning Commission.
[Added by Ord. 77]
Upon the filing of an application for a permit by a property owner or by the lessee or operator with the consent of the owner, the Planning Commission shall hold at least one public hearing and shall give public notice thereof in the same manner as provided by law or ordinance pertaining to hearings for zone changes or variances or conditional use permits, of the intention to consider at a public hearing the granting of such a permit.
§ 9367.5 Planning Commission Shall Make Report of Findings and Decision.
[Added by Ord. 77]
Not more than twenty (20) calendar days following the completion of the public hearing, the Planning Commission shall announce its findings by formal report and the report shall recite among other things the facts and reasons which in their opinion make the granting or denial of the permit necessary to carry out the provisions and general purposes of this Chapter, and shall order that the permit be granted or denied, and shall recite such conditions and limitations as it may impose.
§ 9367.6 Conditions and Limitations.
[Added by Ord. 77]
In addition to the conditions and limitations imposed by this Code, the Planning Commission and the City Council may impose such additional conditions and limitations as found to be necessary in order to protect the public safety and welfare.
§ 9367.7 Notice of Decision of Planning Commission.
[Added by Ord. 77]
Not later than ten (10) calendar days following the rendering of a decision ordering that said permit be granted or denied, a copy of the report shall be mailed to the applicant at the address shown on the application, and a copy forwarded to the City Council.
§ 9367.8 Hearing Before City Council.
[Added by Ord. 77]
All decisions of the Planning Commission pursuant to Section 9367.5 shall be in the form of a recommendation to the City Council and shall not be final. The City Clerk shall, upon receipt of said decision, place the matter on the agenda of the City Council within at least twenty (20) days and shall give the public notice as provided in Section 9367.4 of the intention of the City Council to consider at a public hearing the granting or denial of such a permit. In the event that the hearing cannot be held within the time to give notice as provided in Section 9367.4, the City Clerk shall set the public hearing at the following regular meeting of the City Council. The City Council may refuse to grant such application if it finds that the granting of such application would be detrimental to the public peace, health, safety or welfare.
§ 9367.9 Conditions and Limitations Imposed by This Chapter.
[Added by Ord. 77]
In Addition to the Conditions and limitations imposed pursuant to Section 9367.6, the following conditions and limitations are imposed:
B.
All derricks used with the drilling of the well shall be enclosed with fire resistant and soundproofing material.
C.
All drilling equipment shall be operated by enclosed and muffled internal combustion engines and all pumping equipment shall be operated by electric motors.
D.
Materials, equipment, tools or pipe used for either drilling or producing operations at the well site shall not be delivered to or removed from the drilling site except between the hours of 8 o'clock a.m. and 6 o'clock p.m. on any day, except in case of emergency.
E.
The derrick used pursuant to this section to drill any well hole, or to repair, clean up, deepen or re-drill any completed or drilling well, shall be removed within sixty (60) days after the completion or abandonment of any well.
F.
Within sixty (60) days after completion of any well, all pumping equipment and any other necessary equipment shall be placed underground. In addition, the well site shall be landscaped and maintained in a neat and orderly fashion with all unenclosed surface pipes, equipment or materials removed therefrom, subject to the approval of the Planning Commission.
G.
Within sixty (60) days of the abandonment of any well, earthen sumps used in drilling or production, or both, as well as any well hole, shall be filled and the drilling site restored as nearly as practicable to its original condition.
H.
During the drilling operation the entire operation shall be enclosed with a fence not less than five (5) feet high mounted on steel posts with not less than three (3) strands of barbed wire around the top. Such fence shall be constructed of woven wire fencing or the equivalent of not greater than six inch mesh.
I.
When private roads to wells are constructed, said roads shall be oiled and constructed and so maintained as directed by the Planning Commission.
J.
No well hole, derrick or equipment except underground pipe lines, shall be placed within three hundred feet of any public highway or residence.
K.
A faithful performance bond of Twenty Thousand Dollars ($20,000.00) shall be filed with the City Council for each operator, up to and including the first five (5) wells, conditioned upon performing the terms and conditions of this Chapter, or any conditions and limitations imposed by a permit pursuant to this Chapter, or any other ordinances or resolution of the City Council of the City of Lakewood. Where more than five (5) wells are drilled, the additional amount in bonds shall be so specified by the City Council. Such bonds shall include as obligees all persons who may be damaged or injured by such use. The City Council in issuing a permit shall require a policy of liability insurance in the amount of $100,000.00 to $200,000.00 to be filed with the City Council, having maximum amounts of recovery not less than amounts required in said bonds directly insuring the City and all persons who may be damaged or injured by such use.
L.
All drilling and producing operations shall conform to the Fire Code and to all applicable fire and safety regulations. In addition, all drilling and producing operations shall conform to any additional condition or limitation imposed by the Consolidated Fire Protection District. During the production tests of each well not more than two production tanks, neither to exceed two thousand (2,000) barrels in capacity, shall remain on the premises. Following the completion of production tests at each well, separating and settling tanks of not more than two thousand (2,000) barrels in capacity for each well may be maintained and said tanks shall be placed underground and landscaped as directed by the Planning Commission. No more than two tanks shall be maintained at one well.
M.
Said permit shall in addition be granted on the condition that proven technical improvements in drilling and production methods shall be adopted as they may become from time to time available if capable of reducing factors of nuisance or annoyance, or if necessary and reasonably capable of promoting the public health, safety and welfare. If the permittee fails to put into operation proven technical improvements as set forth previously, the City Planning Commission may order that said proven technical improvements be put into operation, provided they are proven and further provided they are reasonably capable of reducing factors of nuisance and annoyance, or can be reasonably put into operation for the protection of the public health, safety and welfare.
N.
All drilling and production operations shall be conducted in such a manner as not to constitute a public nuisance.
O.
Signs shall not be constructed, erected or maintained or placed on the premises or any part thereof except those approved by the Planning Commission as necessary in connection with the drilling or maintenance of the well.
P.
Suitable and adequate sanitary toilets and washing facilities may be installed and, if so installed, must be maintained in a clean and sanitary condition at all times.
Q.
No buildings of any sort shall be placed on the premises unless approved by the City Planning Commission and City Council.
§ 9367.10 Application Fee.
[Added by Ord. 77]
Each application for a permit to drill, maintain or operate a well pursuant to this section shall be accompanied by an application fee in the sum of $500.00 per well. This fee shall not be refundable in the event a permit is not granted.
§ 9367.11 Permit Fee.
[Added by Ord. 77]
In addition to the application fee, and in the event a permit is granted, the permittee shall pay upon the issuance of said permit the sum of $3,000.00 per well during the first year and thereafter renewable annually at $1,000.00 per well during the existence of said permit. Both the application fee and permit fee are in addition to any business license fee or other tax, fee or charge that may be imposed by the City.