Lawndale City Zoning Code
CHAPTER 17
28 SPECIAL USE PERMITS
§ 17.28.010 Administrative acts.
All acts performed by city officers under the provisions of this chapter shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose of this chapter shall apply in special cases, as provided in this chapter, and shall not be construed as amendments to the provisions of this chapter or the zoning map of the city.
(Ord. 772-94 § 2)
§ 17.28.014 Prerequisite conditions.
Before a special use permit may be granted, it shall be shown:
A.
That the granting of such special use permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity;
B.
That the use applied for at the location indicated is properly one for which a special use permit is authorized;
C.
That the site for the proposed use is adequate in size and shape to accommodate said use, and all yard, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood;
D.
That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use;
E.
That the granting of such special use permit is consistent with the city's general plan.
(Ord. 772-94 § 3)
§ 17.28.020 Uses requiring special use permit.
A.
The following uses may be permitted in any zone, unless so specified upon the granting of a special use permit therefor provided in this chapter:
Communications equipment buildings;
Electric substations.
B.
The uses specified in this subsection may be permitted in the zones herein indicated upon the granting of a special use permit therefor provided in this chapter, and upon compliance with any other requirements imposed by this title for any specific use.
Alcohol Sales Locations. C-3, unlimited commercial zone or any less restrictive commercial or industrial zone, subject to the requirements of Section 17.28.100.
Apartment Houses. Apartment houses of three or more units in the R-3 limited multiple-residence zone or R-4 unlimited multiple-residence zone, subject to the requirements of Chapter 17.30.
Auto Body/Paint Shops. C-M, commercial manufacturing zone or M-1, light manufacturing zone.
Billboards. C-M, commercial manufacturing zone or M-1, light manufacturing zone.
Body Art Establishments. C-1, restricted business zone or any less restrictive commercial or industrial zone, except for GC, General Commercial, OC, Office Commercial and NC, Neighborhood Commercial, subject to the requirements of Section 17.28.170.
Carwashes. C-3, unlimited commercial zone or any less restrictive commercial or industrial zone, subject to the requirements of Section 17.56.280.
Churches and Religious Facilities. R-3, limited multiple residence zone or any less restrictive residential, commercial or industrial zone, subject to the requirements of Section 17.28.150.
Commercial Planned Development. CPD zone, subject to the requirements of Section 17.56.140.
Condominiums. R-2, two-family residence or any less restrictive residential, commercial or industrial zone, subject to the requirements of Chapter 17.80.
Convalescent Facilities. R-3, limited multiple residence zone or any less restrictive residential zone, subject to licensing by the Los Angeles County Health Services Department.
Digital On-Premises Signs. Commercial and industrial zones subject to compliance with Section 17.76.140(I).
Doctors/Dentists Offices. General commercial and neighborhood commercial zones within the Hawthorne Boulevard Specific Plan area; allowed by right the office commercial zone within the Hawthorne Boulevard Specific Plan area and in CM and less restrictive commercial zones.
Drive-Through Business Establishments. C-3, unlimited commercial zone or any less restrictive commercial or industrial zone, subject to the requirements of Section 17.28.130.
Emergency Shelters. C-M, commercial manufacturing zone subject to the requirements of Section 17.56.150. However, a special use permit is not required for the M-1, light manufacturing zone.
Fortunetelling. C-3, unlimited commercial zone or any less restrictive commercial or industrial zone, subject to the requirements of Section 17.56.270.
Full Service Fitness Center. C-3, unlimited commercial zone or any less restrictive commercial or industrial zone subject to the requirements of LMC Section 17.56.100.
Hospitals. C-3, unlimited commercial zone or any less restrictive commercial zone.
Hotel or Motel. C-3, unlimited commercial zone or any less restrictive commercial zone.
Industrial Planned Development. M-1, light manufacturing zone, subject to the requirements of Sections 17.64.090, 17.64.100, 17.64.110, 17.64.120, 17.64.130, 17.64.140, 17.64.150 and 17.64.160.
Massage Establishment, C-1, GC, and OC, subject to the requirements of Chapter 5.37 and Section 17.28.190.
Motor Vehicle Service Stations. C-3, unlimited commercial zone or any less restrictive commercial or industrial zone, subject to the requirements of Sections 17.56.210, 17.56.220, 17.56.230, 17.56.240, 17.56.250 and 17.56.260.
Nursery schools, day nurseries, preschool nurseries, child care homes and day care homes with more than fourteen children in R-3 limited multiple residence, or any less restrictive residential, commercial or industrial zone.
Outdoor Storage. C-M, commercial manufacturing zone, subject to the requirements of Section 17.56.150 and M-1, light manufacturing zone, subject to the requirements of Section 17.64.030.
Residential Planned Development. RPD zone, subject to the requirements of Sections 17.48.280, 17.48.290, 17.48.300, 17.48.310, 17.48.320, 17.48.330, 17.48.340, 17.48.350, 17.48.360, 17.48.370, 17.48.380, 17.48.390, 17.48.400, 17.48.410, 17.48.420, 17.48.430 and 17.48.440.
Roller Hockey Facilities. O or I zones subject to the requirements of Section 17.68.030(C).
Single Room Occupancy (SRO). C-1, restricted business zone or any less restrictive commercial or industrial zone, including GC, general commercial, OC, office commercial and NC, neighborhood commercial, subject to the requirements of Section 17.56.045.
Storage of Explosives. Any zone subject to the requirements of Section 17.28.120.
Treatment Facility for the Abuse of Controlled Substances. C-M, commercial manufacturing zone, subject to the requirements of Section 17.56.290.
Used Motor Vehicle Sales. C-3, unlimited commercial zone or any less restrictive commercial or industrial zone.
Video Arcade. C-3, unlimited commercial zone or any less restrictive commercial or industrial zone, subject to the requirements of Section 17.56.120.
Wireless communication facilities and other antennas in compliance with the requirements of Chapter 17.98.
Wrecked or Damaged Motor Vehicles—Storage or Impoundment. C-3, unlimited commercial zone or any less restrictive commercial or industrial zone.
(Ord. 772-94 § 4; Ord. 802-96 § 4; Ord. 804-96 § 7; Ord. 817-97 § 3; Ord. 823-97 § 3; Ord. 922-02 § 1; Ord. 945-04 § 1; Ord. 1056-11 § 2; Ord. 1064-11 § 1; Ord. 1076-12 § 2; Ord. 1089-13 § 1; Ord. 1091-13 § 10; Ord. 1122-16 § 7; Ord. 1136-17 § 5; Ord. 1137-17 § 7)
§ 17.28.030 Application for permit-Content-Fee.
A.
Any person desiring to establish any use referred to in this chapter where this chapter does not automatically grant a permit, shall file an application with the commission pursuant to Chapter 17.12.
B.
In such application the applicant shall state the nature of the business, occupation or purpose for which such building, structure or improvement is to be erected, constructed, altered, enlarged, moved, occupied, or used.
C.
For the purpose of partially defraying the expense involved in investigating matters connected with applications and the granting of permits pursuant to this chapter, each such application shall be accompanied by the filing fee and deposit as required by Section 17.12.040(A).
(Prior code § 2-5-3)
§ 17.28.040 Public hearing required.
In all cases where an application is filed pursuant to Section 17.28.030, prior to granting the application, the commission shall hold a public hearing thereon in accordance with the provisions of Chapter 17.12.
(Prior code § 2-5-4)
§ 17.28.050 Findings of commission.
After a hearing, the commission shall report its findings as to whether the erection, construction, alteration, enlarging, moving, occupying or using of such building, structure, improvement or premises for the business, occupation or purpose designated in the manner set forth in the application or under restrictions or conditions will be a menace to or endanger the public health, safety or general welfare.
(Prior code § 2-5-5)
§ 17.28.060 Commission-Permit determination.
After holding the hearing, the commission shall determine whether the erection, construction, alteration, enlarging, moving, occupying, or using of the building, structure, improvement or premises for the business, occupation or purpose requested in the application for a permit or subject to restrictions or conditions will or will not be a menace to or endanger the public health, safety or general welfare, and shall grant such permit as applied for or subject to such conditions or restrictions as it shall find to be necessary, or shall deny the permit accordingly.
(Prior code § 2-5-6)
§ 17.28.070 Nuisance not authorized.
Neither the provisions of this chapter nor the granting of any permit provided for in this chapter authorizes or legalizes the maintenance of any public or private nuisance.
(Prior code § 2-5-7)
§ 17.28.080 Permit termination upon cessation of use.
A special use permit, whether an automatic special use permit or a special use permit granted by action of the commission, automatically shall cease to be of any force and effect if the use for which such special use permit was granted has ceased or has been suspended for a consecutive period of two or more years.
(Prior code § 2-5-8)
§ 17.28.100 Sale and consumption of alcoholic beverages.
A special use permit, pursuant to this chapter, shall be required for all businesses where alcoholic beverages are sold or served for consumption on or off premises.
(Prior code § 2-5-10; Ord. 754-94 § 1; Ord. 880-00 § 5; Ord. 970-06 § 2)
§ 17.28.101 Purpose of Sections 17.28.100 through 17.28.106.
Due to the special impacts which result from the proliferation and over-concentration of alcoholic beverage outlets, including the increased potential for litter, loitering, drunk driving, interference with children on the way to and from school, encouragement of crime, and defacement of buildings, the following provisions are intended to ensure that, apart from the social problems associated with the availability of alcoholic beverages, the occurrence of alcoholic beverage outlets does not adversely impact the public health, safety, comfort, convenience, and general welfare of the city. The following provisions shall apply to on-site and off-site sale of alcoholic beverages, as applicable.
(Ord. 754-94 § 2)
§ 17.28.102 Definitions.
For the purposes of Sections 17.28.100 through 17.28.106, the words, terms, and phrases set forth in the following sections shall have the following meanings and constructions, except where used in a context which clearly indicates a different meaning or construction.
"Alcoholic license"
means that license granted by the state which authorizes the licensee to sell alcoholic beverages.
"Bar or cocktail lounge"
means any establishment primarily engaged in the preparation and sale of alcoholic beverages, not meeting the requirements of a bona fide public eating place as described in Section 17.28.102 of the Lawndale Municipal Code; in which food sales is ancillary to the sales of alcoholic beverages.
"Bona fide public eating place"
means a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the local department of health. "Meals" means the usual assortment of foods commonly ordered at various hours of the day; the service of such food and victuals as sandwiches or salads only shall not be deemed a meal for the purpose of this definition. "Guests" shall mean persons who, during the hours when meals are regularly served therein, come to a bona fide public eating place for the purpose of obtaining, and actually ordering and obtaining at such time a meal therein. Any public eating place that satisfies the foregoing criteria but has areas designated for uses other than food preparation or consumption such as a bar/lounge area, billiards, dart boards, etc., in excess of thirty percent of the total floor area, shall not be deemed a bona fide public eating place.
"Incidental sales"
mean that the sale of alcoholic beverages is "incidental to the sale of other products" when the sale of products other than alcoholic beverages on an annual basis, measured by gross receipts, constitutes no less than eighty-five percent of the total sales.
"Legal nonconforming outlets and establishments"
are defined as outlets and establishments that sell alcoholic beverages for off-sale or on-sale consumption that were legally established and/or approved (pursuant to the Lawndale Municipal Code) prior to the effective date of the ordinance codified in Sections 17.28.100 through 17.28.106.
"Off-sale beer and wine license"
means that alcoholic license which authorizes the sale of beer and wine for consumption off the premises where sold.
"Off-sale general license"
means that alcoholic license which authorizes the sale of beer, wine, and distilled spirits for consumption off the premises where sold.
"Off-sale outlet"
means a retail business operating under an off-sale general license.
"Off-sale special use permit"
means a special use permit issued to allow a use which operates under an off-sale general or off-sale beer and wine license.
"On-sale beer and wine license"
means that alcoholic license which authorizes the sale of beer or wine for consumption on the premises where sold.
"On-sale beer license"
means that alcoholic license which authorizes the sale of beer for consumption on the premises where sold.
"On-sale general license"
means that alcoholic license which authorizes the sale of beer, wine, and distilled spirits for consumption on the premises where sold.
"On-sale outlet"
means a retail business operating under an on-sale general license.
"On-sale special use permit"
means a special use permit issued to allow a use which operates under an on-sale general license, an on-sale beer and wine license, or an on-sale beer license.
"Restaurant"
means any establishment primarily engaged in the preparation and sale of food, meeting the requirements of a bona fide public eating place as described in Section 17.28.102 of the Lawndale Municipal Code; in which food sales accounts for seventy percent or more of the establishments total sales; excluding catering.
"School"
means any public or private facility in which students in grades Kindergarten through twelve are provided instruction as part of a curriculum approved by the state of California.
(Ord. 754-94 § 2; Ord. 1027-09 § 1)
§ 17.28.103 Off-sale special use permits.
The planning commission may approve a special use permit application for an off-sale alcohol sales location if it affirmatively finds that an applicant has met his or her burden of proof, by clear and convincing evidence that the application complies with each and all of the following provisions:
A.
Approval of the application will not result in the number of off-sale outlets in the city exceeding a ratio of one off-sale outlet (general license and beer and wine license) for each one thousand residents of the city.
B.
The property line of the subject site is at least six hundred feet from the closest property line of any school, public park, public playground or church premises.
C.
The property line of the subject site is at least six hundred feet from the property line of any other off-sale premises, unless the planning commission and/or city council find that one or more of the following conditions exist:
1.
That the proposed location provides a significantly different service from an existing outlet within six hundred feet or sells alcoholic beverages;
2.
The proposed location is on a peripheral arterial street (Rosecrans Avenue, Prairie Avenue, Redondo Beach Boulevard, Artesia Boulevard, or Inglewood Avenue) and all public entryways of the proposed location are at least three hundred feet from all public entryways of any other off-sale premises.
(Ord. 754-94 § 2; Ord. 906-02 § 3; Ord. 970-06 § 3; Ord. 1078-12 § 1)
§ 17.28.104 On-sale special use permits.
The planning commission may approve a special use permit application for an on-sale alcohol sales location if it finds that the applicant has met his or her burden of proof by clear and convincing evidence that the application complies with all of the following provisions:
A.
Restaurants With On-Sale Beer and Wine Licenses.
1.
Approval of the application will not result in the number of on-sale beer and wine outlets exceeding twenty-one establishments within the city.
2.
The property line of the subject site is at least three hundred feet from the closest property line of any school, public park, or public playground or church premises or, within the Hawthorne Boulevard specific plan area, is not adjacent to the premises of a school, public park, public playground or church.
B.
Establishments With On-Sale General Alcohol Licenses.
1.
Approval of the application will not result in the number of on-sale general alcohol outlets in the city exceeding three establishments within the city.
2.
The property line of the subject site is at least three hundred feet from the closest property line of any school, public park, or public playground or church premises.
3.
The property line of the subject site is at least three hundred feet from the property line of any other on-sale location.
C.
Bars/Cocktail Lounges.
1.
Approval of the application will not result in the number of on-sale outlets in the city exceeding three establishments within the city.
2.
The property line of the subject site is at least six hundred feet from the closest property line of any school, public park, or public playground or church premises.
3.
The property line of the subject site is at least six hundred feet from the property line of any other on-sale location.
D.
For the purpose of this section only, the term "public park" shall not include golf courses.
(Ord. 754-94 § 2; Ord. 970-06 § 4; Ord. 1027-09 § 2)
§ 17.28.105 Standard conditions.
In addition to those conditions which the planning commission may otherwise impose, all off-sale and on-sale special use permits shall be subject to all of the following standard conditions:
A.
Exterior public telephones that permit incoming calls shall not be located on the premises.
B.
Electronic games, including video games, shall not be located on the premises.
C.
Exterior lighting of the parking area shall provide adequate lighting for patrons while not disturbing surrounding residential or commercial areas.
D.
Litter and trash receptacles shall be located at convenient locations both inside and outside the establishment, and trash and debris shall be removed on a daily basis.
E.
All graffiti shall be removed from the premises within twenty-four hours of its discovery.
F.
With regard to those special use permit applications which are approved based in part upon the fact that alcohol sales in the premises are incidental to the sale of other products, proof satisfactory to the director of community development shall be annually submitted to show that the sale of alcohol has remained incidental to the sale of other products.
G.
Within thirty days of approval of the special use permits, the applicant shall certify his or her acceptance of the conditions placed on the approval by signing a statement that he or she accepts and shall be bound by all of the conditions.
H.
Violation of, or noncompliance with, any of the conditions shall constitute grounds for revocation of the special use permit.
(Ord. 754-94 § 2)
§ 17.28.106 Special use permit administration.
A.
Nonconforming Outlets and Establishments. Legal nonconforming outlets for the sale of alcoholic beverages for off-sale and on-sale consumption, may continue to operate without complying with Sections 17.28.100 through 17.28.105 if the business continues to be operated in the same manner as when the business was legally established or approved. An alcohol license relating to a particular property may be transferred from person to person, without the requirement for obtaining a special use permit so long as the business continues to be operated in the same manner as when the business was legally established and/or approved.
B.
Expansion. No expansion (increase in floor area) of the nonconforming use shall be permitted within the existing building or within any addition to the existing building or to any other building on the same site.
C.
Expiration of Special Use Permit. A use shall be deemed to have lapsed and the special use permit granted pursuant to Sections 17.28.100 through 17.28.106 shall be deemed to have expired ninety days after the date the use ceases operation and/or the business closes at such location without the nonconforming use having been reestablished. The applicant shall have the right to request one extension of this ninety days time limit if such request is made and filed with the planning department at least seven days prior to the expiration date as set forth herein. Such request shall be in writing, stating the reasons why such extension is needed. A fee established by resolution of the city council to cover processing costs shall accompany each request. When a request has been filed, it shall be reviewed by the director of community development. In determining whether to grant ordering such extension requests, the director shall consider: (1) whether the owner has diligently attempted to restore the use; (2) whether the extension is likely to lead to restoration of the use; (3) whether restoration of the use will adversely affect surrounding property; (4) whether other uses are compatible for the site; and (5) whether denial of the extension will be a hardship to the owner. If granted, conditions may be added to a time extension.
D.
Revocation. An off-sale or on-sale special use permit may be revoked upon the violation of any of the conditions of approval, or upon the issuance of notice of any violation or citation under state or federal law or the Lawndale Municipal Code, or upon the revocation of the alcoholic license by the Department of Alcoholic Beverage Control, or upon any two disciplinary actions by the Department of Alcoholic Beverage Control in the form of a fine or suspension of the alcoholic license, during the term of the special use permit.
(Ord. 754-94 § 2; Ord. 970-06 § 5)
§ 17.28.120 Storage of explosives.
A.
Definition. The terms "explosive" and "explosives" whenever used in this section include blasting caps or other detonating or fulminating caps or detonator or electric caps, gunpowder, blasting powder, dynamite, and every other explosive substance having a power equal to or greater than that of ordinary black powder, but do not include such substances in the form of fixed ammunition for small arms.
B.
Permits Required. No quantity of explosives in excess of one hundred pounds shall be stored or kept in any place, house or building in the city without a permit therefor from the commission, nor unless such explosives are contained in a magazine situated, constructed, operated and maintained in the manner described in Part I, of Division II of the Health and Safety Code.
C.
Application for Permit. Any person proposing to keep or store any quantity of explosives in excess of one hundred pounds in any place, house or building in the city shall file an application for a permit with the director, accompanied by the filing fee and deposit as required by Section 17.12.040(A).
D.
Short Time and Renewals. If the application is for a permit to store explosives for not more than three months and there is no permit in force for that location, or if the application is to renew an existing permit granted before December 15, 1939, or granted after a hearing, the commission may investigate the place where it is proposed to keep the explosives, and the location of any buildings in the vicinity thereof, and grant the permit without a public hearing.
E.
Hearing. If the application is for the renewal of an existing permit which permit was granted on or after December 15, 1939, without a hearing, or for a new permit for a period exceeding three months, or for a new permit for storage and sale of explosives, the applicant shall make the deposit required by Chapter 17.12, and the director shall set the matter for public hearing before the commission.
F.
Notification of Sheriff. The director shall notify the sheriff immediately, of every application for a permit to keep or store explosives.
G.
Notice to Sheriff—Hearing. Where a public hearing is to be held, the director shall notify the sheriff of the time and place thereof.
H.
Sheriff to Furnish Report. Prior to the date set for public hearing on the granting of a permit, if a public hearing is to be held, otherwise within ten days after receipt of a copy of the application for a permit, the sheriff shall furnish to the commission a report thereon as to whether or not in his or her opinion explosives in the amounts and kinds mentioned in the application can be kept at the place proposed without danger of serious injury to persons other than those employed in or about the magazine, or to property other than that of the applicant.
I.
Findings of the Commission. At the time and place fixed for the hearing on the application the commission shall hear the same and any protests thereto, and upon the evidence and other matters brought to its attention during the hearing, including the sheriff's report, shall make findings determining whether or not explosives in the amounts and kinds mentioned in the application can be kept at the place proposed without danger of serious injury to persons other than those employed in or about the magazine, or to property other than that of the applicant. Where no hearing is required, the commission shall make similar findings based upon its investigation or the investigation of its staff of the place where it is proposed to keep the explosives, and upon the report of the sheriff.
J.
Application of this Section. Nothing contained in this section shall apply to any explosive in transit in railway cars or other vehicles, or to any explosive awaiting transportation in or delivery from a railway car or other vehicle, or to the transfer of any such explosive from a car of one railway company to a car of a connecting railway company, provided that the car or other vehicle in which such explosive is being transported or is awaiting transportation or delivery, shall be kept locked or guarded; and provided further that the time during which such explosive is kept awaiting transportation or delivery shall not exceed twenty-four hours.
(Prior code § 2-5-12)
§ 17.28.130 Drive-through business establishments.
A.
Drive-through Businesses Defined. "Drive-through business establishments" as used in this section means any commercial operation or facility where the public is invited to drive their vehicle onto the premises to transact business without exiting from their vehicle.
B.
Special Use Permit Required. Drive-through business establishments shall be permitted uses only in the C-2, C-3, C-4 and M-1 zones.
Such uses shall be permitted only after an application for a conditional use permit has been filed with and approved by the planning commission of the city in accordance with the provisions of this section and Section 17.28.020. A conditional use permit shall be granted if all the requirements of this section and other applicable provisions of law are satisfied.
C.
General Development Standards. The operation of a drive-through business establishment described in this section may be permitted by the planning commission subject to any conditions which may be imposed, pursuant to Section 17.28.020. The planning commission may, in granting a special use permit, impose conditions relating to building codes, landscaping, zoning requirements, parking regulations, hours of operation, stacking lanes, signing and other development requirements which satisfy the purpose and spirit of this title.
(Prior code § 2-5-20; Added during 12-15-90 supplement)
§ 17.28.150 Churches and other religious facilities used exclusively for religious worship and incidental accessory uses.
A.
A special use permit, pursuant to this chapter, shall be required for churches and other religious facilities used primarily for religious worship in R-3, R-4, C-1, C-2, C-3, C-4, M-1 and M-2 zoning classifications in the city. This requirement shall apply to the construction of new churches and other religious facilities and any expansion (an increase in floor area) or modification (structural alteration) to the existing religious facilities.
B.
For the purpose of this section, "religious facility" means an institutional land providing facilities for worship or the assemblage of the public for worship. Accessory uses include personal counseling, social recreational activities and education in subject relating to personal life. This definition includes church, cathedral, convents, mosque, shrine, synagogue or temple and other places of religious worship.
C.
Standard Conditions. All religious facilities are subject to the following standard conditions:
1.
Buildings and structures shall observe all yard requirements of the zone in which the property is located, and any detached dwellings on the site shall observe the required distance between buildings as prescribed for the zone in which the site is located.
2.
The parking area shall be developed in accordance with Section 17.72.160 of the Lawndale Municipal Code regulating off-street parking.
3.
A six-foot-high solid masonry block wall or a six-foot-high block pilaster fence with wood inserts shall be constructed and maintained on any property lines adjoining residential property. Said pilaster fence shall have a minimum of two courses of block at highest grade on either side of the wall immediately below the wood inserts. The fence must be lowered to four feet in the front yard setback area.
4.
Interior side yards may be used to provide off-street parking areas. On corner lots, the street side yard may not be used for off-street parking.
5.
All lights provided to illuminate any on-site parking areas or buildings on such site shall be so arranged as to direct the light away from any adjoining premises.
(Ord. 753-94 § 7)
§ 17.28.170 Body art establishments.
A.
Definitions. As used in this section the words, terms, and phrases shall have the following meanings and constructions, except where used in a context which clearly indicates a different meaning or construction.
"Body art"
means to adorn the body through the permanent application of a tattoo or insertion of an object, such as jewelry, into a hole for display purposes. Body art is the collective term for any single activity or combination of activities defined herein as tattooing, body piercing or the application of permanent cosmetics. It shall not include activities such as, or similar to, cutting of the skin or subcutaneous tissue, cutting or modification of cartilage or bone, implantation, branding, deep tissue penetration, threading, stapling or any other invasive procedure, whether or not such act would constitute the practice of medicine requiring licensure as a physician.
"Body art establishment"
means any permanent premises, business, location, or facility, used or operated in whole or in part as a body piercing parlor, permanent cosmetics parlor, or as a tattoo parlor.
"Body piercing"
means the creation of an opening in the human body for purpose of inserting jewelry or other decorations. This includes, but is not limited to, creating such an opening in the ear, lip, tongue, nose, eyebrow or navel for the purpose of inserting jewelry or other decorations.
"Body piercing parlor"
means any place of business where body piercing occurs.
"Permanent cosmetics"
mean the application of pigments to or under the human skin for the purpose of permanently changing the color or other appearance of the skin. "Permanent cosmetics" shall include, but are not limited to, the application of permanent eyeliner, eye shadow or lip color. Nothing in this definition shall be deemed to restrict the activities of any licensed physician or surgeon.
"Permanent cosmetics parlor"
means any place of business where permanent cosmetics are applied.
"School"
means any public or private preschool, kindergarten, elementary, middle, junior high, or high school.
"Tattooing"
means to insert pigment under the surface of the human skin by pricking with a needle or otherwise to produce an indelible mark or figure visible through the skin. Nothing in this definition shall be deemed to restrict the activities of any licensed physician or surgeon.
"Tattoo parlor"
means any place of business where tattooing occurs.
B.
Special Use Permit Required. Body art establishments shall be permitted uses in the C-1, restricted business zone or any less restrictive commercial or industrial zone, except for GC, General Commercial, OC, Office Commercial and NC, Neighborhood Commercial.
Such uses shall be permitted only after an application for a special use permit has been filed with and approved by the planning commission of the city in accordance with the provisions of this section and this chapter. A special use permit shall be granted if all the requirements of this section and other applicable provisions of law are satisfied.
C.
Standard Conditions. All body art establishments are subject to the following standard conditions:
1.
The body art establishment shall not be located on any property which is within five hundred feet of a public park or school, except for golf courses, or within five hundred feet of any property which is used by a religious institution for religious activities at least four times per week.
2.
No body art establishment shall be located within one hundred feet of another body art establishment.
3.
Measurement of Distance. For purposes of this section, 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 body art establishment is or will be located to the nearest property line of any land use, land use district, or zone, or to the nearest point of the building or structure or part thereof if less than the entire structure is occupied by or proposed to be occupied by a body art establishment in which an existing body art establishment is located.
4.
The parking area for a body art establishment shall be developed in accordance with Section 17.72.160 of this code, which regulates off-street parking.
5.
All lights provided to illuminate any on-site parking areas or buildings on a site being used for the operation of a body art establishment shall be arranged to direct light away from any adjoining premises.
6.
The body art establishment shall operate within a permanent facility. No body art establishment may operate within a temporary or mobile facility.
7.
In no circumstance shall alcohol be sold, consumed or purchased in any body art establishment.
8.
There shall be "No loitering" and "No smoking" signs posted at the entrance of the building unit, to the satisfaction of the director of community development and the prohibitions listed on each sign shall be enforced by the body art establishment.
9.
Approval of the application will not result in a number of body art establishments in the city in excess of a ratio of one body art establishment for each ten thousand residents of the city.
10.
Litter and trash receptacles shall be located at convenient locations both inside and outside the body art establishment and trash and debris shall be removed on a daily basis.
11.
All graffiti shall be removed from the premises within twenty-four hours of its discovery.
12.
The body art establishment shall have posted at all times a legible sign, at least one inch in letter height, that provides the following information so as to be clearly visible to patrons entering the establishment:
Nipple and genital piercing shall not be performed on any person under eighteen years of age. Tattoos and permanent cosmetics shall not be applied to any person under eighteen years of age, except when authorized by a physician and performed with the consent and in the presence of the person's parent or guardian. Persons under eighteen years of age may receive body piercing to body parts other than nipples or genitalia provided the body piercing is performed with the consent and in the presence of the person's parent or guardian. For any procedure restricted under this section to persons age eighteen years of age or under or requiring the presence and consent of the person's parent or guardian, both the minor and his or her parent or guardian shall provide a valid picture identification, provide proof of parentage or legal guardianship and complete a consent form which conforms with the requirements established in departmental regulations. Los Angeles County Code Section 11.36.540.
13.
Following the planning commission's review and approval, and before commencement of operation within the city, a body art establishment shall obtain, maintain and comply with all terms and conditions of a body art establishment permit and any other associated and required permits from the Los Angeles County Department of Public Health.
14.
Within thirty days of approval of a special use permit, an applicant for a body art application shall certify his or her acceptance of the conditions placed on the approval by signing a statement that he or she accepts and shall be bound by all of the conditions.
15.
Violation of, or noncompliance with, any of the conditions shall constitute grounds for revocation of the special use permit by the planning commission.
D.
General Development Standards. The operation of a body art establishment described in this section may be permitted by the planning commission subject to any conditions which may be imposed, pursuant to this section and chapter and as permissible by law. The planning commission may, in granting a special use permit, impose conditions relating to building codes, landscaping, zoning requirements, parking regulations, hours of operation, health and safety codes, signing and other development requirements which satisfy the purpose and spirit of this title.
(Ord. 1064-11 § 2)
§ 17.28.180 Digital on-premises signs.
A.
Special Use Permit Required. Digital on-premises signs shall be permitted in commercial and industrial zones only after an application for a special use permit has been filed with and approved by the planning commission of the city in accordance with the provisions of this section and this chapter. A special use permit shall be granted if all the requirements of this section and other applicable provisions of law are satisfied. The findings required in Section 17.28.014 shall not apply to special use permits for digital on-premises signs.
B.
Standard Conditions. Each digital on-premises sign is subject to compliance with all of the conditions set forth in Section 17.76.160(I).
C.
General Development Standards. The construction of a digital on-premises sign may be permitted by the planning commission subject to any conditions which may be imposed, pursuant to this section and chapter and as permissible by law. The planning commission may, in granting a special use permit, impose conditions relating to building codes, zoning requirements, health and safety codes, and other development requirements which satisfy the purpose and spirit of this title.
D.
Revocation or Termination. Violation of, or noncompliance with, any of the conditions imposed on the special use permit shall constitute grounds for revocation of the permit by the planning commission.
(Ord. 1089-13 § 2)
§ 17.28.190 Massage establishments.
A.
Definitions. As used in this section the words, terms, and phrases shall have the following meanings and constructions, except where used in a context which clearly indicates a different meaning or construction.
"California Massage Therapy Council certificate"
means the certificate described in California Business and Professions Code Section 4600, et seq.
"Massage"
means any method of applying pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, tonic, spray ointment, or other similar preparations commonly used in this practice. The term "massage" shall include the practice of acupressure unless specifically noted otherwise.
Massage establishment"
means any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, joint venture, or combination of individuals, engages in, conducts, carries on or permits the aforementioned to engage in, conduct, carry on, massages, baths, or health treatments involving massage or baths as the principal functions.
"Person"
means any individual, firm, association, partnership, corporation, joint venture, or combination of individuals.
B.
Special Use Permit Required. Massage establishments shall be permitted uses in the C-1, General Commercial (GC), and Office Commercial (OC) zones. Such uses shall be permitted only after an application for a special use permit has been filed with and approved by the planning commission of the city in accordance with the provisions of this section and this chapter. A special use permit shall be granted if all the requirements of this section and other applicable provisions of law are satisfied.
C.
Special Use Permits Limited. The planning commission shall not approve an application under this chapter if such approval will result in a number of massage establishments in the city in excess of a ratio of one massage establishment for each ten thousand residents of the city.
D.
Standard Conditions. All massage establishments are subject to the following standard conditions:
1.
The massage establishment shall not be located on any property which is within five hundred feet of a public park or school, except for golf courses, or within five hundred feet of any property which is used by a religious institution for activities at least four times per week.
2.
Massage services shall be carried on and the premises shall be open only between the hours of seven a.m. and nine p.m. All customers, patrons, and visitors shall be excluded from the premises when the massage facility is closed.
3.
No massage establishment shall be located within three hundred feet of another massage establishment.
4.
Measurement of distance. For purposes of this section, 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 massage establishment is or will be located to the nearest property line of any land use, land use district, or zone, or to the nearest point of the building or structure or part thereof if less than the entire structure is occupied by or proposed to be occupied by a massage establishment in which an existing massage establishment is located.
5.
There shall be a minimum of one parking space for every two hundred square feet of gross floor area.
6.
All lights provided to illuminate any on-site parking areas or buildings on a site being used for the operation of a massage establishment shall be arranged to direct light away from any adjoining premises.
7.
The massage establishment shall operate within a permanent facility. No massage establishment may operate within a temporary or mobile facility.
8.
In no circumstances shall alcohol or drugs be sold, consumed, or purchased in any massage establishment.
9.
There shall be "No loitering" and "No smoking" signs posted at the entrance of the building unit, to the satisfaction of the director of community development and the prohibitions listed on each sign shall be enforced by the massage establishment.
10.
Litter and trash receptacles shall be located at convenient locations both inside and outside the massage establishment and trash and debris shall be removed on a daily basis.
11.
All graffiti shall be removed from the premises within twenty-four hours of its discovery.
12.
Minimum ventilation shall be provided in according with the building code of the city. To allow for adequate ventilation in cubicles, rooms, and areas provided for patrons' use, which are not serviced directly by required window or mechanical systems of ventilation, partitions shall be constructed so that the height of partitions does not exceed seventy-five percent of the floor-to-ceiling height of the area in which they are located.
13.
All plumbing and electrical installation shall be installed under permit and inspections of the building inspection division and such installations shall be installed in accordance with the Uniform Building Code and Plumbing Code.
14.
Within thirty days of approval of a special use permit, an applicant for a massage establishment application shall certify his or her acceptance of the conditions placed on the approval by signing a statement that he or she accepts and shall be bound by all of the conditions.
15.
Every person performing massages in a massage establishment receiving a special use permit under this chapter shall possess a current valid California Massage Therapy Council Certificate.
E.
General Development Standards. The operation of a massage establishment described in this section may be permitted by the planning commission subject to any conditions which may be imposed, pursuant to this section and chapter and as permissible by law. The planning commission may, in granting a special use permit, impose conditions relating to building codes, landscaping, zoning requirements, parking regulations, hours of operation, health and safety codes, signing and other development requirements which satisfy the purpose and spirit of this title.
F.
Violation of any provisions of this code, including, but not limited to, Chapter 5.37, shall be grounds for revocation of a special use permit issued pursuant to the provisions of this chapter.
G.
Violation of or noncompliance with any of the conditions of approval shall constitute grounds for revocation for the special use permit by the planning commission.
(Ord. 1122-17 § 8)
