Be deemed an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located;

Be deemed a residential use that is consistent with the existing General Plan and zoning designation for the lot upon which it is located; and

Not be considered in the application of any local ordinance, policy, or program to limit residential growth.

Permitted ADU Locations. ADUs conforming to the provisions of this section may be located on any lot in the City zoned to allow single-family or multi-family residential uses and that includes a proposed or existing legally developed single-family or multi-family dwelling.

Permitted JADU Locations. JADUs conforming to the provisions of this section may be located within a proposed or existing legally developed single-family dwelling on any lot in the City that is zoned to allow single-family residential uses.

Notwithstanding the foregoing, no ADU may be constructed in an area in which the development of new residential units or residential additions, the addition of bathrooms, or new or additional connections to the water or sewer system would otherwise be prohibited due to inadequate water or sewer capacity, as determined by reference to objective and generally applicable rules, regulations, or maps adopted and/or maintained by the water service or sewer provider, as applicable.

Legal Lot/Residence. An ADU shall only be allowed on a lot that contains a proposed or legally developed existing single-family or multi-family residence.

An ADU shall be either:

Number of Units Per Lot.

Unit Size and Height.

Applicability of Development Standards. Except as otherwise provided in this section, all ADUs must conform to the development standards set forth in this title for the zoning district in which they are located. Notwithstanding the foregoing, when the application of a development standard related to floor area ratio, lot coverage, open space, front setbacks, or minimum lot size would prohibit the construction of an attached or detached ADU of at least 800 square feet with four-foot side and rear yard setbacks, such standard(s) shall be waived to the extent necessary to allow construction of such an ADU.

Setbacks and Spacing.

Off-Street Parking.

Exterior Access. An attached or converted ADU must have independent exterior access from the proposed or existing primary dwelling.

Passageway. No passageway shall be required in conjunction with the construction of an ADU.

Footprint. A JADU may only be constructed within the walls of a proposed or existing single-family residence, including an attached garage.

Size. A JADU shall not exceed 500 square feet in size.

Separate Entrance. A JADU located within a proposed or existing single-family residence must include a separate entrance from the main entrance of the residence.

Kitchen Requirements. A JADU must include an efficiency kitchen, including a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

Bathroom Facilities. A JADU may include separate sanitation facilities or may share sanitation facilities with the proposed or existing single-family residence in which it is located. If a JADU does not include separate sanitation facilities, the JADU must include an interior entrance to the primary dwelling's main living area.

Parking. No additional off-street parking is required for a JADU beyond that required at the time the existing primary dwelling was constructed. However, when an existing attached garage is converted to a JADU, any required off-street parking spaces for the primary dwelling that are eliminated as a result of the conversion shall be replaced. These replacement parking spaces may be located in any configuration on the same lot, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces.

Fire Protection. For purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate new dwelling unit.

Utility Service. For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit.

Deed Restriction. Prior to the issuance of a building permit for a JADU, the owner shall record a deed restriction against the title of the property in the County Recorder's office with a copy filed with the Director. The deed restriction shall run with the land and shall bind all future owners, heirs, successors, or assigns. The form of the deed restriction shall be provided by the City and shall provide that:

No Separate Conveyance. Except as otherwise provided in Government Code Section 65852.26 or by other applicable law, an ADU or JADU may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence, and a lot shall not be subdivided in any manner which would authorize such separate sale or ownership.

No Short-Term Rental Permitted. An ADU or JADU that is rented shall be rented for a term that is longer than 30 days. Short-term rental (i.e., 30 days or less) of an ADU or a JADU is prohibited.

Owner Occupancy Requirements.

Building Permit Required. A building permit is required prior to construction of an ADU or JADU. Except as otherwise provided in this section or by State law, all building, fire, and related code requirements applicable to habitable dwellings apply to ADUs and JADUs. However, fire sprinklers shall not be required if they are not required for the primary dwelling.

Application. Prior to the issuance of a building permit for an ADU or JADU, the applicant shall submit an application on a form prepared by the City, along with all information and materials prescribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees.

Review. The Director shall consider and approve or deny a complete application for an ADU or JADU ministerially without discretionary review or public hearing within the time prescribed by law. Review is limited to whether the proposed ADU or JADU complies with the requirements of this section. If an applicant requests a delay, the time period for the City to review an application shall be tolled for the period of the requested delay. If the application to create an ADU or a JADU unit is submitted with an application to create a new single-family dwelling on the lot, the Director may delay acting on the application for the ADU or the JADU until the City acts on the application to create the new single-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

Zoning Conformity. The City shall not require, as a condition of approval of a permit application for the creation of an ADU or JADU, the correction of nonconforming zoning conditions.

Demolition Permits. A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the application for the ADU and issued at the same time.

Conformity with State Law. The City shall not apply any requirement or development standard provided for in this section to an ADU or a JADU to the extent prohibited by any provision of State law, including, but not limited to, subdivision (e)(1) of Government Code Section 65852.2.

ADUs. Unless otherwise mandated by applicable law or the utility provider or determined by the City's Public Works Director to be necessary, an ADU may be served by the same water, sewer, and other utility connections serving the primary dwelling on the property, and the installation of a new or separate utility connection directly between an ADU and a utility is not required. However, separate utility connections and meters for ADUs may be installed at the property owner's option, when permitted by the utility provider, and subject to the payment of all applicable fees.

JADUs. A JADU shall be served by the same water, sewer, and other utility connections serving the primary single-family dwelling in which it is located, and no separate utility meters shall be permitted for a JADU.

No impact fee is required for an ADU measuring less than 750 square feet. Any impact fees charged for an ADU of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling.

Construction of an ADU is subject to any applicable fee adopted under California Government Code, Title 7, Division 1, Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).

For purposes of this subsection, "impact fee" does not include any planning application fee, plan check fee, or building permit fee.

Accessory structures may be erected or constructed concurrent with, or subsequent to, the construction of the main residential structure.

Consistent with the definitions of "accessory structure" and "accessory use" in Division 7 (Definitions), accessory uses and structures in the residential zone shall be incidental to and not alter the residential character of the site.

Use. Accessory structures, other than permitted accessory dwelling units and legally approved guest houses, shall not be used for residential purposes, even on a temporary basis.

Coverage. The sum of the floor area(s) of the total number of detached accessory structures shall not exceed the maximum rear setback coverage of the lot in compliance with Table 2-03 (Development Standards in Residential Zones). Accessory structures shall be included in the calculation for the coverage of the entire site in compliance with Table 2-03.

Size Limit. An accessory structure shall not exceed 640 square feet unless a site plan is approved in compliance with Chapter 17.44 (Site Development Permit—Major and Minor).

Height Limit. Detached accessory structures shall not exceed a height of 15 feet, except detached tool sheds located within a required side setback shall not exceed a height of seven feet from grade.

Improvements.

Separation Requirements. Detached accessory structures on a single lot shall be separated from the main structure and other structures by at least five feet, or more, as required, except as allowed by the Uniform Building Code (UBC).

Location Requirements.

Accessory structures may be erected or constructed concurrent with, or subsequent to, the construction of the main structure or structures.

No more than three accessory structures shall be located on a lot.

Use. Accessory structures, other than approved caretaker units, shall not be used for residential purposes, even on a temporary basis.

Size Limit. An accessory structure shall not exceed 640 square feet unless a site plan is approved in compliance with Chapter 17.44 (Site Development Permit—Major and Minor).

Height Limit. Detached accessory structures shall not exceed a height of 15 feet.

Separation Requirements. Detached accessory structures shall be separated from the main structure and other structures by at least five feet, or more, as required, except as allowed by the Uniform Building Code (UBC).

Location Requirements. Accessory structures may be located in the required side or rear setback areas, provided that the structure(s) are a minimum of five feet from any common property line to the eave line and further provided that all run-off water from the roof is disposed of on the subject lot.

It is the purpose and intent of this section to provide for the reasonable and uniform regulation of adult-oriented businesses in the City. It is recognized that adult-oriented businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located. It is the purpose of this section to establish criteria and standards for the establishment and conduct of adult-oriented businesses that will protect the public health, safety, and welfare; preserve locally recognized values of community appearance; minimize the potential for nuisances related to the operation of adult-oriented businesses; and maintain local property values.

It is the purpose and intent of this section to establish proper regulations and to provide for a reasonable number of approximately located sites for adult-oriented businesses within the City, based upon the following findings:

The studies conducted in various communities in other jurisdictions have demonstrated that the proximity and concentration of adult-oriented businesses adjacent to residential, recreational, religious, educational, or other adult-oriented businesses can cause other businesses and residents to move elsewhere.

The studies conducted in various communities in other jurisdictions have demonstrated that adult-oriented businesses are linked to increases in the crime rates and blighting of those areas in which they are located and that surround them.

The special regulation of adult-oriented businesses is necessary to ensure that their adverse secondary effects will not contribute to an increase in the crime rates or the blighting or downgrading of the areas in which they are located or surrounding areas. The need for the special regulation is based on the recognition that adult-oriented businesses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity with sensitive uses (e.g., residential zones and uses, parks, schools, religious institutions or day care centers), having a deleterious effect upon the adjacent areas.

It is the purpose and intent of these special regulations to prevent the concentration or location of adult-oriented businesses in a manner that would create adverse secondary effects. Thus, in order to protect and preserve the public health, safety, and welfare of the citizenry, especially including minors, the special regulation of the time, place, and manner of the location and operation of adult-oriented businesses is necessary.

The protection and preservation of the public health, safety and welfare require that certain distances be maintained between adult-oriented businesses and residential uses and zones, religious institutions, schools, day care centers, parks, and other adult-oriented businesses.

The need to regulate the proximity of adult-oriented businesses to sensitive land uses (e.g., residential, religious, educational, recreational, and other adult-oriented businesses) is documented in studies conducted by other jurisdictions as listed elsewhere in this section.

The report of the State of Minnesota Attorney General's Working Group on the regulation of sexually oriented businesses dated June 6, 1986, indicates that:

In consideration of the findings of the report of the State of Minnesota Attorney General's Working Group on the regulation of sexually oriented businesses dated June 6, 1986, it is appropriate to prohibit the concentration of multiple adult-oriented businesses within one structure in order to mitigate the compounded adverse secondary effects associated with the concentrations as described above.

The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials, that are protected by the First Amendment of the United States Constitution and the relevant provisions of the California State Constitution.

The proposed parking standards are necessary in the interests of the public health, safety, and welfare to provide for an appropriate amount of off-street parking.

License and Permit Requirements. In order to operate an adult-oriented business within this City, the applicant or proprietor of the business shall obtain the license required by Chapter 5.40 (Adult-Oriented Business Licenses) and other licenses required by Title 5 (Business Licenses and Regulations) of the Municipal Code and an adult use planning permit as required by this section. It is unlawful and a misdemeanor, subject to punishment in compliance with the Municipal Code, for an owner, operator, manager, or employee to operate an adult-oriented business without processing an adult use planning permit—including an interim adult use planning permit— required by this section and a license required by Title 5 (Business Licenses and Regulations) of the Municipal Code.

Contents of Application. Applicants for a permit, in addition to an application or documents required to be filed in compliance with the provisions of this Zoning Code, shall file a written, signed, and verified application on a form provided by the Director evidencing the following:

Nondisclosure of Portions of Application. Notwithstanding the fact that an application filed for an adult use planning permit may be a public record under Government Code Section 6250 et seq., certain portions of the application contain information vital to the effective administration and enforcement of the licensing and/or permit scheme established which is personal, private, confidential, or the disclosure of which could expose the applicant to a risk of harm. Information includes, but is not limited to, the applicant's residence address and telephone number, the applicant's date of birth and/or age, the applicant's driver's license and/or Social Security number, and/or personal financial data. The Council, in adopting the application and licensing and/or permit system detailed, has determined in compliance with Government Code Section 6255 that the public interest in disclosure of the information detailed above is outweighed by the public interest in achieving compliance with this section by ensuring that the applicant's privacy, confidentiality, or security interests are protected. The City Clerk shall cause to be obliterated from a copy of a completed license application made available to any member of the public, the information detailed in this subsection.

Referral of Application. The Director shall refer the permit application to the Chief of Police for an investigation to be made of the information contained on the application.

Police Investigation. After an investigation, including obtaining the information in compliance with Section 2.64.130 et seq. (Criminal History Information) of the Municipal Code, the Chief of Police shall issue a report to the Director. The Planning Commission, or Council as appropriate, shall approve the adult use planning permit unless one or more of the following findings is true:

Issuance, Suspension, and Revocation of Permit. In the event the information requested in compliance with Section 2.64.130 of the Municipal Code is not immediately available, the Chief of Police shall, if the application otherwise meets the requirements of this Zoning Code and the investigation conducted reveals none of the factors detailed in subsection B of this section, report on it and the permit shall be issued by the director. Should the information obtained in compliance with Section 2.64.130 et seq. (Criminal History Information) of the Municipal Code materially vary from that on the application, the variance shall be cause to revoke the permit. A permit issued before the City receives the information required by Section 2.64.130 et seq., of the Municipal Code shall state clearly on its face that the permit is subject to suspension or revocation in compliance with Sections 5.40.024 (Suspension and Revocation Hearings) and 5.40.026 (Revocation) of the Municipal Code.

Compliance with State Law. The City's decision to approve or deny the permit shall not include information authorized or required to be kept confidential in compliance with Welfare and Institutions Code Sections 600 to 900.

Interim Adult Use Planning Permit. The Director shall accept as complete, or deny as incomplete, the application for an adult use planning permit for a business protected by the First Amendment of the United States Constitution within 10 days from the date on which an application is submitted to the director. In order to avoid undue delay or suppression of protected expression, the Director shall make an initial determination that the required information is contained in the application to process an interim adult use planning permit within five days of the date of filing the application. If the application is sufficient to issue an interim adult use planning permit it shall be issued by the Director within 10 days of the date the application was filed.

A sufficient application shall include, but not be limited to, the applicant's meeting the requirements to be issued an adult-oriented business license required by Chapter 5.40 (Adult-Oriented Business Licenses) of the Municipal Code and the proposed business shall be located and developed in compliance with the requirements of the P-L-I (Planned Light Industrial) Zoning District and the requirements of this section. The granting of the interim adult use planning permit by the Director is without prejudice to and does not preclude the denial of the final adult use planning permit application filed by the applicant.

The interim adult use planning permit shall terminate upon the Planning Commission taking action on the final adult use planning permit. Rights to operate beyond the termination of the interim adult use planning permit for a First Amendment protected business shall not vest in the applicant if the applicant is unable or unwilling to obtain the adult-oriented business license required by Chapter 5.40 (Adult-Oriented Business Licenses) of the Municipal Code and the final adult use planning permit required by this section.

Final Adult Use Planning Permit. The Planning Commission shall approve or deny the completed adult use planning permit application within 90 days of its acceptance as complete by the Director. The time limit established by this section may be extended once for a period not to exceed 90 days upon consent of the Director and the applicant. The application shall be processed and noticed in the same manner as Conditional Use Permits are processed and noticed under State law and Chapter 17.66 (Public Hearing Notice Procedures) of this Zoning Code.

Application for Extension of Amortization Period. An application for extension of the amortization period for an adult-oriented business which is a nonconforming use shall be made in a manner as required for a Conditional Use Permit.

Application Process. The owner of the property on which an adult-oriented business is located or the owner of the adult-oriented business who desires to extend the amortization period shall apply for approval of an extension not later than six months before expiration of the amortization period, unless the Director determines that good cause is shown for late filing of the application. The application shall be made in writing on a form as prescribed by the Director and shall be accompanied by the required fee as established by resolution of the Council. The party requesting the extension of the amortization period shall bear the burden of proof in establishing that the amortization period established by Section 17.66.020 (Applicability) is unreasonable and that the requested extension is a reasonable amortization period for the owner to receive a fair rate of return on the investment in the business. The party applying for the extension shall also be required in order to meet its burden of proof to submit the documentation detailed in this section.

Application Contents. A complete application shall include:

Incomplete Application. If the application is not complete, the Director shall specify in writing those parts that are incomplete and shall identify the manner by which the application can be made complete. If a written determination is not provided to the applicant within 30 calendar days after it is submitted, the application shall be deemed complete.

Public Hearing. The Planning Commission shall hold a noticed public hearing on the request for an extension.

Considerations for an Extension. In determining whether to grant an extension of the amortization period for an adult-oriented business which is a nonconforming use, and in determining the appropriate length of the an extension, the Planning Commission shall consider the amount of investment in the business, and the opportunities for relocation to a legally permissible site, the costs of relocation, the effects of the business on the surrounding area, and the following additional factors:

Findings. The Planning Commission, or Council on appeal, shall receive and consider evidence presented by the applicant and any other persons, and shall make findings that the amortization period it establishes is reasonable in view of the evidence and the criteria detailed above.

Nonconforming Structure. A nonconforming structure may be continued and maintained, except as provided in this section, provided there are no structural alterations, except as provided in this section.

Nonconforming Use. A nonconforming use may be continued, except as provided in this section, provided that the use shall not be increased, enlarged, extended, or altered, except as provided in this section.

Amortization Time Periods. An adult-oriented business that is a nonconforming use on January 1, 1995, shall be subject to an amortization period expiring January 1, 1996, and an adult-oriented business which becomes a nonconforming use after January 1, 1995, shall be subject to an amortization period of three years commencing on the date the use becomes nonconforming.

Extension of Amortization Period. The owner of an adult-oriented business that is a nonconforming use may apply for extension of the amortization period in the same manner as required for a Conditional Use Permit. An application shall be made before the expiration of the amortization period unless the reviewing authority determines that good cause is shown for late filing of the application.

Cessation of Business Operations. Upon the conclusion of the amortization period, an adult-oriented business that is a nonconforming use shall cease business operations and signs, advertising, and displays relating to the business shall be removed within 30 days.

Separation Requirements. An adult-oriented business shall not be established or located within 500 feet of:

Separation Requirements from Other Adult-Oriented Businesses. An adult-oriented business shall not be established or located within 500 feet of an existing adult-oriented business. If two or more existing adult-oriented businesses are located in closer proximity to each other than 500 feet, then in determining which of the businesses is or are nonconforming, preference shall be given in the order of the respective lengths of continuous uninterrupted operation of the businesses.

Measurement of Separation Distances. For the purposes of this section, all distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the structure in which the adult-oriented business 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 structure in which an existing adult-oriented business is located.

Signs or Displays. Advertising signs or structures, advertisements, displays or other promotional materials depicting specified anatomical areas or specified sexual activities or displaying instruments, devices or paraphernalia designed for use in connection with specific sexual activities, shall not be shown or exhibited so as to be visible from any exterior area.

Entries and Windows. Structure openings, entries, and windows shall be located, covered, or screened to prevent viewing the interior from any exterior area.

Noise. Loudspeakers or sound equipment audible to persons in any public exterior area shall not be used in connection with an adult-oriented business, and the business shall not be so conducted that sounds associated with the business are not emitted into any public exterior area.

Compliance with Site Development Standards. The establishment of an adult-oriented business shall comply with the applicable site development standards, including parking, of the zone in which the adult-oriented business is located, as well as the Building Code, Fire Code, and the Health and Safety Code. An adult-oriented business shall comply with the applicable City permit and inspection procedures. In addition, adult-oriented businesses shall comply with the following performance standards:

Duties of Persons Who Operate Business. Persons shall not operate or cause to be operated an adult-oriented business, regardless of whether or not a permit has been issued under this Zoning Code, knowingly or with reason to know, permitting, suffering, or allowing any employee:

Prohibited Employee Activities. Employees of an adult-oriented business shall not:

Intentional Touching Prohibited. Persons at an adult-oriented business, regardless of whether or not the business is allowed under this Zoning Code, shall not intentionally touch an employee who is displaying or exposing a specified anatomical area or engaging in or simulating a specified sexual activity at the adult-oriented business.

Prohibited Activities of Persons. Persons at an adult-oriented business, regardless of whether or not the business is allowed under this zoning code, shall not engage in a couch dance or straddle dance with an employee at the business who is displaying or exposing a specified anatomical area or engaging in or simulating a specified sexual activity.

Prohibited Activities During Certain Hours. Employees of an adult-oriented business, regardless of whether or not a permit has been issued for the business under this section, shall not engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service between the hours of 2:00 a.m. and 9:00 a.m. of any particular day.

Establishments that do not currently sell, but propose to sell, alcoholic beverages for off-site consumption;

Establishments that currently sell alcoholic beverages for off-site consumption but which propose to change the type of alcoholic beverages to be sold (change the type of retail liquor license within a license classification);

Off-site establishments that currently sell alcoholic beverages if the establishment substantially changes its mode or character of operation, which includes but is not limited to either a 10 percent increase in floor area or a 25 percent increase in facing used for the display of alcoholic beverages;

Off-site establishments that have been abandoned or have discontinued operation for three months. The burden of proof shall be upon the applicant to determine when the establishment was in operation;

Gasoline service stations selling beer, wine, and/or spirits for consumption off the premises.

The requested use at the proposed location will not adversely affect the use of a school, park, playground, religious institution, temple, or other place used primarily for religious worship, or similar uses within a 500-foot radius of the property, in or outside the City.

The requested use at the proposed location is sufficiently buffered in relation to residentially zoned areas within the immediate vicinity so as not to adversely affect the area.

The requested use at the proposed location will not result in an undue concentration of similar premises. A separation of not less than 500 feet, from property line to property line, in or outside the City, shall not be construed as undue concentration. The applicant shall bear the burden of proof that a separation of less than 500 feet does not create an undue concentration of facilities for the sale of alcoholic beverages for off-site consumption within the community.

The requested use at the proposed location will not adversely affect the economic welfare of the community.

The exterior appearance of the structure will be consistent with the external appearance of commercial structures already constructed or under construction within the immediate neighborhood so as to not cause blight, deterioration, or substantially diminish or impair property values within the neighborhood.

Beer, wine, and/or spirits shall not be displayed within five feet of the cash register or the front entrance unless it is in a permanently affixed display case.

Advertisements of alcoholic beverages shall not be displayed at motor fuel islands.

Sale of alcoholic beverages shall not be made from a drive-in or drive-through window.

Display or sale of alcoholic beverages shall not be made from a portable container.

Alcoholic beverage advertising shall not be located on motor fuel islands, and self-illuminated advertising for alcoholic beverages shall not be located on structures or windows.

Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age to sell alcoholic beverages.

Arcade machines may not be kept, maintained, or operated on the premises.

Not more than 25 percent of the total floor area of the convenience market shall be devoted to the sale of alcoholic beverages.

Arcades, as defined by the number of machines in Division 7 (Definitions), shall be located more than 300 feet from a public or private school (grades kindergarten through 12) and from another legally allowed arcade.

Permit applications shall include a floor plan drawing including, but not limited to, emergency exits, fire doors, evacuation paths, desk, chairs, arcade machines, waiting areas, and restrooms.

A facility that has more than 45 arcade machines shall also meet all occupancy A fire requirements.

The maximum number of arcade machines in an arcade shall not exceed one arcade machine for every 35 square feet of gross floor area allotted to the arcade operations.

Arcade machines and waiting areas within the premises shall be visible from the supervisor's station and adequately supervised by an adult attendant 18 years or older. The attendant shall be present whenever an arcade machine is being operated.

Persons under 18 years of age shall not be allowed on the premises where the arcade machines are located after 10:00 p.m. unless accompanied by a parent or guardian or other adult person having the care and custody of the minor.

Arcades with a gross floor area of 3,000 square feet or greater, excluding restaurant dining and kitchen areas, shall provide a visible security guard between 5:00 p.m. and 4:00 a.m. on Friday, Saturday, and Sunday evenings. Security guards shall be responsible for crowd control both on the arcade premises and adjoining parking areas.

Windows shall be kept clear of any item or tint that obscures full view from the exterior to inside the business.

Establishments with arcade machines consisting of 25 percent or more of the floor area shall provide a waiting area with seating within the business. The minimum number of seats shall be determined at one seat for every eight arcade machines but not less than four, unless modified by the Planning Commission based on a showing of good cause that a lesser number of seats in the waiting area will adequately accommodate patrons waiting to use an arcade machine.

Failure to comply with the regulations provided by this section shall be cause for immediate suspension or revocation of applicable permits in compliance with Section 17.42.050 (Violation, Discontinuance, and Removal).

For service stations located in the C-G (General Commercial) zone, outdoor storage of vehicles overnight shall not be permitted. Overnight parking of vehicles awaiting service or pick up shall be within a structure.

For automobile repair, body and paint shops, and service stations located in the P-L-I (Planned Light Industrial) Zoning District, overnight parking of vehicles awaiting repair, service or pick up shall be within a structure or screened by a masonry wall not to exceed eight feet in height. The outdoor storage of tires, automobile parts, and fluids is strictly prohibited.

Vehicles awaiting repair, service, or pick up shall be parked on the subject property and not in the public right-of-way.

Automobile servicing shall be conducted between the hours of 6:00 a.m. and 10:00 p.m.

Automobile repair work, body repair work, and/or automobile painting shall be conducted between the hours of 7:00 a.m. and 8:00 p.m.

The purpose of this section is to expressly prohibit the establishment of commercial cannabis uses in the City relating to medical cannabis and adult use cannabis and to impose reasonable regulations on personal cultivation in private residences and accessory structures.

The Council finds that the prohibition on commercial cannabis activity is necessary for the preservation of and protection of the public health, safety, and welfare of the City. The prohibition of such uses is within the authority conferred upon the Council by State law and is an exercise of its police powers to enact and enforce regulations for the public health, safety and welfare.

Commercial cannabis activities, whether or not for profit, are expressly prohibited in all zones in the City, including all specific plan areas and overlay zones. No person shall establish, operate, conduct, allow, or engage in a commercial cannabis activity anywhere within the City. This prohibition includes any type of business enterprise where cannabis is complimentarily provided as part of any other non-cannabis related business activity.

A property owner shall not rent, lease, or otherwise permit any person or business that engages in commercial cannabis activity to occupy real property in the City. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in commercial cannabis activity on any real property owned or controlled by that property owner that is located in the City.

This section is meant to prohibit all activities for which a State license is required subject to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). Accordingly, the City shall not issue any permit, license, or other entitlement for any activity for which a State license is required under the Adult Use of Marijuana Act (AUMA), including any local license to a non-profit entity subject to California Business and Professions Code Section 26070.5.

Except as provided in this section, all cultivation of cannabis is expressly prohibited in all zones in the City.

An authorized grower shall be allowed to cultivate cannabis for personal use only within a private residence or a fully enclosed and secure structure which is accessory to a private residence, subject to the following regulations in addition to any regulations of State law:

No outdoor cultivation of cannabis plants shall be allowed in the City, even for personal use. (This section shall be of no further force or effect and shall be deemed repealed upon a determination by the California Attorney General that nonmedical use of cannabis is lawful in the State under Federal law.)

The Council finds that office and industrial condominium projects are different in so many respects from other types and forms of land ownership and development as to require additional regulations.

The intent of this section is to further the goals of the General Plan and regulate the placement of these projects and land use consistent with the form of ownership and occupancy of these projects in compliance with applicable laws for the general health, safety, and welfare of the public.

The intent of this section is also to develop standards, procedures, and guidelines that provide a more flexible method whereby properly located land areas can be developed, employing more innovative and imaginative land planning concepts than would be possible through the strict application of conventional zoning and subdivision regulations.

The purpose of this section is to provide for the general control of design and development of common ownership office, and industrial condominiums in relation to adjoining areas in compliance with the basic purpose of the State Subdivision Map Act.

Where Types of Condominium Projects Allowed. Commercial condominiums shall be allowed in the C-O (Commercial-Professional Office), C-G (General Commercial), and P-L-I (Planned Light Industrial) zones. Industrial condominiums shall be allowed in the P-L-I (Planned Light Industrial) zone subject to the approval of tentative and final tract or parcel maps as may be required by law. This requirement is in addition to other permits or certificates required by law.

Compliance Required. Persons shall not construct, sell, lease, convey, maintain, or use a condominium project within the City without complying with the provisions of this section.

Application Requirements—New Development. The applicant shall file an application for Site Development Permit—Major for a commercial or industrial condominium development in compliance with the requirements of Chapter 17.44 (Site Development Permit—Major and Minor). Also, a tentative subdivision map, as required by this section and Title 16 (Subdivisions) of the Municipal Code, shall be submitted to the Development Services Department concurrently. The Development Services Department shall make recommendations on the project to the Planning Commission for approval, conditional approval, or denial. Tentative subdivision maps and Site Development Permit—Major applications filed in compliance with this section shall be processed concurrently.

Application Requirements—Conversions. The conversion of lease or rental commercial or industrial developments to commercial or industrial condominium developments within appropriate zoning districts shall be allowed, subject to the issuance of a Conditional Use Permit in compliance with the provisions of Chapter 17.32 (Administrative Use Permits and Conditional Use Permits) and the approval of tentative and final tract or parcel maps as may be required by law. This requirement is in addition to other permits or certificates required by law. In addition to satisfying other requirements of this section, the applicant for conversion of an existing office or industrial structures to condominiums at the time application is made, shall provide the following information:

Development Standards.

Utilities. Each commercial or industrial condominium unit shall have separate water, sewage, and utility connections, or provisions for shared usage shall be included in the covenants, conditions, and restrictions. Each utility that is controlled by and consumed within the unit shall be separately billed for its use. Each unit shall have access to its own meter(s), heater(s), and air conditioner(s), and shall not require entry through another unit. Each unit shall have its own electrical panel and access to it. A plan for equitable sharing of non-separately metered, jointly used utilities shall be developed before final map approval and included in the covenants, conditions, and restrictions.

Outdoor Storage Areas. Outdoor storage may be allowed in industrial condominiums as a part of the required Conditional Use Permit when the Planning Commission determines that the storage is adequately screened from public view and will not be aesthetically or materially detrimental to surrounding properties. If the Planning Commission determines that a proposed industrial condominium development can adequately accommodate outdoor storage area(s), then the development standards of the P-L-I (Planned Light Industrial) zone shall apply.

The Council finds that residential condominium projects are different in so many respects from other types and forms of land ownership and development as to require additional regulations. This applies to new condominium development projects as well as the conversion of existing multi-family housing to condominiums.

The intent of this section is to further the goals of the General Plan, provide a balanced mix of housing, and ensure the form of ownership and occupancy complies with applicable laws for the general health, safety, and welfare of the public.

The intent of this section is also to establish standards, procedures, and guidelines that provide a more flexible method whereby properly located land areas can be developed, employing more innovative and imaginative land planning concepts than would be possible through the strict application of conventional zoning and subdivision regulations.

The purpose of this section is to provide for the general control of design and development of common ownership residential condominiums in relation to adjoining areas in compliance with the basic purpose of the State Subdivision Map Act.

New Condominium Projects. Residential condominium projects shall be allowed in all residential zones and in the Town Center Mixed Use zone at densities applicable to the zone in which the project is located, subject to the approval of tentative and final tract or parcel maps as may be required by law and any development permits required for multi-family housing in the zone in which the new project is located. This requirement is in addition to other permits or certificates required by law.

Condominium Conversions. Residential condominium conversion projects shall be allowed in all residential zones and in the Town Center Mixed Use zone at densities applicable to the zone in which the project is located, subject to the approval of a Site Development Permit—Major and the approval of tentative and final tract or parcel maps as may be required by law. This requirement is in addition to other permits or certificates required by law.

Compliance Required. Persons shall not construct, sell, lease, convey, maintain, or use a condominium project within the City without complying with the provisions of this section.

Condominiums, whether new construction or conversion of existing structures and as may otherwise be superseded by the Subdivision Map Act:

The provisions of Title 16 (Subdivisions) of the Municipal Code shall apply.

Compliance with Codes. Structures shall comply with building, mechanical, electrical, and plumbing codes in force in the City at the time the application is made.

Sound and Energy Insulation. Structures shall be sound attenuated to comply with the Uniform Building Code standards in effect at the time of filing. Additionally, the structure shall be made to comply with the energy insulation requirement in effect at the time of filing.

Fire Protection.

Utilities.

Dedication and Improvements. Dedications for streets, alleys, drainage, or public utilities shall be made so as to bring the development into conformity with existing City street, alley, drainage, and public utility standards.

Parking, Off-Street. Parking requirements for condominiums shall be provided for in compliance with Chapter 17.22 (Parking and Loading).

Storage Space. Each condominium unit shall be provided with a minimum of 200 cubic feet of enclosed weatherproofed and lockable private storage space. The space shall be for the sole use of the unit owner. This storage area may be located within a covered parking area, provided it does not interfere with vehicle parking.

Laundry Facilities.

Lot Size, Setback, Coverage, Height, and Density Requirements. Lot sizes, setback lines, coverage, structure heights, and density requirements shall meet the minimum requirements for the zone in which the condominium is located.

Private Open Space. An adjoining private open space for each condominium unit in compliance with the requirements for the zone in which the project is located.

Application for Conversion. In addition to satisfying other requirements of this section, the applicant for conversion of any existing residential structures to condominiums, at the time application is made, shall provide the following information:

Development Standards.

Utilities.

Undergrounding of Utilities. On-site overhead utility service lines shall be placed underground.

Dedications and Improvements. Dedications for streets, alleys, drainage, or public utilities shall be made so as to bring the development into conformity with existing City street, alley drainage, and public utility standards.

Off-Street Parking.

Storage Space. Each condominium unit shall be provided with a minimum of 200 cubic feet of enclosed weatherproofed and lockable private storage space within a covered parking area, provided it does not interfere with motor vehicle parking.

Laundry Facilities.

Setback, Height, and Density Requirements. Setback lines, structure heights, and density requirements shall meet the minimum requirements for the zone in which the condominium is located.

Tenant Provisions/Notification to Tenants. The subdivider shall comply with the following provisions regarding tenants' rights:

Tenants' Right to Purchase. Each of the tenants in the proposed condominium project shall be given notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that the units will be initially offered to the general public, or terms more favorable to the tenant. This right shall comply with the provisions of Business and Professions Code Section 11018.2, unless the tenant gives prior written notice of their intention not to exercise this right. This right of purchase shall extend at least 90 days from the date of issuance of the subdivision public report, or commencement of sales, whichever is later.

Increase in Rents. The tenant's rent shall not be increased between the time of filing of the tentative map and the time relocation takes place, or the subdivision is denied or withdrawn.

Relocation Assistance.

Notice to New Tenants. After submittal of the tentative map, prospective tenants shall be notified in writing of the intent to convert, before the leasing or renting of a unit.

The temporary construction site building shall be located within the boundaries of the subdivision or tract of land in which the real property is to be sold and/or is being developed.

The property to be used for a temporary construction site building shall not be permanently improved for that purpose.

The temporary construction site building shall conform to the setbacks of the underlying development district; shall provide skirting; and shall obtain all necessary permits, including building, electrical, and plumbing, as applicable.

Licensing. The operator of a general day care facility shall obtain and maintain a valid license from the California Department of Social Services in compliance with California Code of Regulations, Title 22, Division 6.

General Day Care Facilities Review Standards. An application for a general day care facility shall be reviewed by the responsible review authority for compliance with the provisions of Health and Safety Code Section 1597.46(a)(3) and this section. The application may be approved only if the general day care facility complies with applicable sections of the Health and Safety Code, this section, all applicable City ordinances, and any regulations adopted by the State Fire Marshall.

Fences or Walls Required. Fences or walls shall provide for safety with controlled points of entry.

Drop-Off/Pick-Up Areas. Any general day care facility located on a through street classified as a collector or arterial street in the Los Alamitos General Plan shall provide a drop-off and pick-up area that does not require backing into the street.

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

Care Provider's Residence. The large family child day care home shall be the primary residence of the care provider, and the use shall be clearly residential in character and shall be incidental and accessory to the use of the property as a residence, in compliance with Health and Safety Code Section 1596.78 and other applicable law.

Fences or Walls Required. Fences or walls shall provide for safety with controlled points of entry.

Play Area and Equipment. Outdoor play area(s), including all stationary play equipment, shall be located in the rear area of the lot and shall comply with any setback requirements for the zone in which the large family day care home is located.

Drop-Off/Pick-Up Areas and Use of Garages.

10 square feet per bed.

Minimum 100 square feet.

The provisions in this section shall apply to hazardous waste facilities as defined in Chapter 17.74 (Definitions) and where allowed in compliance with Division 2 (Zones, Allowable Uses, and Development Regulations).

The provisions of this section do not apply to:

Vehicle repair and service.

Vehicle and equipment maintenance and repair services.

Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use.

Manufacturing or industrial activities, including, but not limited to, welding and machining.

Any other activity or use, as determined by the Director, to be incompatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit residents due to the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or would be hazardous because of materials, processes, products, or wastes.

Floor Area Requirement. A live/work unit shall have a minimum floor area of at least 500 square feet. At least 150 square feet of a live/work unit shall be designated as suitable for workspace and shall measure not less than 15 feet in at least one dimension and no less than 10 feet in any dimension. The area suitable for workspace for each unit shall be clearly demarcated on approved building plans.

Separation and Access of Individual Units. Each live/work unit shall be separated from other units and other uses in the building. Access to each unit shall be provided from shop fronts, directly from the sidewalk parallel to the primary or secondary street, or from common access areas, corridors, or halls. The access to each unit shall be clearly separate from other live/work units or other uses within the building. Living space shall be located in the rear ground level or second floor and above to maintain activity and commercial access along the frontage.

Location of Living Space—Ground Floor Units. Ground floor live/work units shall designate a minimum of the front 20 feet of the building depth of the unit, as measured from the unit frontage, as area suitable for work space in order to maintain activity and commercial access along the frontage. Dedicated living space may be located be in the rear portion of the ground level, provided the front 20 feet of the unit is designated as suitable for work.

Facilities to Accommodate Commercial Activities. A live/work unit shall be designed to accommodate nonresidential uses as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively nonresidential facilities used for the same work activity.

Ceiling Height. Ground floor live/work units shall have a minimum floor to ceiling height of 12 feet, measured from top of floor to bottom of ceiling. A mezzanine space shall not be included in the calculation of minimum height for any floor or level.

Sale or Rental of Portions of Unit. The work portion of a live/work unit may be rented separately from the live portion.

Business License Required. At least one business tenant of a live/work unit shall be required to have a business license with the City, issued subject to Title 5 (Business Licenses and Regulations).

Non-Resident Employees. The employment of any persons who do not reside in the live/work unit shall comply with all applicable Building Code, Occupational Safety and Health Administration (OSHA), and other State and Federal regulations.

Client and Customer Visits. Client and customer visits to live/work units are allowed subject to any applicable conditions of the permit to ensure compatibility with adjacent commercial or industrial uses, or adjacent residentially zoned areas or uses.

Written Approval of Owner. The written approval of the owner of the location shall be obtained. A copy of this approval shall be provided to the Director prior to operating at the location. The vendor shall maintain proof of the owner's approval in the vehicle. The person operating the mobile vendor vehicle shall present this proof upon the demand of a peace officer or City employee authorized to enforce this section.

Impervious Surface Parking. The vehicle shall only be stopped, standing, or parked on surfaces paved with concrete, asphalt, or another impervious surface.

Litter Removal. The mobile vendor vehicle and surrounding property shall be maintained in a safe and clean manner at all times. The mobile food vendor shall remove litter caused by its products from any public and private property within a 25-foot radius of the vending vehicle's location.

No Discharge of Liquid. The mobile food vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into City streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the mobile food vendor.

Temporary Shade Structures. Temporary shade structures shall be removed whenever the mobile vendor vehicle is not operating.

Noise. The mobile food vendor shall be subject to the noise provisions identified in Title 9 (Public Peace and Welfare). The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions. The applicant shall prohibit loitering at the site and shall control noisy patrons on-site and those leaving the premises. No amplified music or loudspeakers shall be allowed.

Hours of Operation. No mobile food vending shall operate before 8:00 a.m. or after 10:00 p.m., including set-up and clean-up.

Business License Required. The mobile food vendor shall have a valid business license issued by the City subject to Title 5 (Business Licenses and Regulations). As part of its application for a business license, the mobile food vendor shall furnish to the City evidence of insurance, as deemed acceptable in the reasonable discretion of the City, against liability for death or injury to any person as a result of ownership, operation, or use of its vending vehicles.

Health Permit Required. The mobile food vendor shall have a valid permit issued by the Orange County Department of Health. All required County Health permits shall be in the possession of the mobile food vendor at all times during which it operates within the City.

Fire Department Inspection. All mobile food vendors' vending vehicles shall be inspected and approved by Fire Department prior to issuance of its initial business license and from time to time thereafter in the discretion of the Fire Department. At a minimum, all cooking equipment producing grease laden vapors shall be protected by a UL 300 listed automatic fire extinguishing system. A Class K fire extinguisher shall be provided within each vending vehicle at an accessible location. All fire protection equipment shall be properly maintained and serviced at intervals required by the California Fire Code.

The City encourages the use of outdoor dining and seating areas, provided that business operators are mindful of two important considerations: (a) the safety and flow of pedestrian traffic; and (b) the visual appearance of the outdoor dining and/or seating areas. The standards set forth in this section are intended to ensure that outdoor seating is done in a way that is both safe for pedestrians and appropriate for the surroundings.

The provisions in this section shall apply to outdoor dining that occurs on private property incidental to an otherwise allowed use, and where allowed in compliance with Division 2 (Zoning Districts, Allowable Uses, and Development Regulations).

Outdoor dining may be allowed on private property as an accessory use associated with a legally approved eating and/or drinking establishment upon approval of the required permit.

Floor Plan. A diagram showing the layout of the indoor business space, the proposed outdoor dining area with appropriate setbacks indicated.

Furniture and Fixtures. The submittal must identify the style, color and materials of all fixtures that will be placed in the outdoor dining area, including, but not limited to, tables, chairs, umbrellas, planters, and barriers.

Hold Harmless Agreement. For outdoor dining areas immediately adjacent to the public right-of-way, a hold harmless agreement in a form approved by the City Attorney, releasing the City from any liability related to the outdoor dining area.

The outdoor dining area shall not encroach into any required parking lot area, including areas where vehicles may overhang curbs.

The outdoor dining area shall not be located or utilized in a manner which causes an obstruction of a public walkway or interferes with the flow of pedestrian or other traffic.

The proposed outdoor dining activity shall not interfere with the use of any public walkway by neighboring property owners and tenants.

A minimum setback of 200 feet from residential uses shall be maintained, except as may be otherwise approved for mixed-use projects.

The outdoor dining area shall maintain the minimum setbacks necessary to maintain the visibility of neighboring businesses to pedestrians and motorists, including visibility of signage.

A minimum of four feet of totally unobstructed walkway space shall be maintained around the outdoor dining area, and outdoor dining areas shall not interfere with disabled access.

The outdoor dining area shall be kept in a good state of repair and maintained in a clean, safe, and sanitary condition.

All fencing, dividers, appurtenances, furnishings, and furniture that occur with an allowed use under this section shall be reviewed and approved by the Director to ensure that they are in keeping with the aesthetic and architectural character of the area and with all approved design guidelines.

The outdoor dining area shall not be allowed within 15 feet of any driveway.

The hours of operation for incidental outdoor dining areas shall be limited to the hours of operation for the associated indoor dining, unless otherwise authorized in writing by the Director.

The incidental outdoor dining area shall comply with Americans with Disabilities Act (ADA) and Title 24 accessibility requirements.

The Director may place additional conditions upon the issuance of the permit to ensure the protection of the public walkway, the rights of all adjoining property owners, and the health, safety, and welfare of the public.

Barriers are only required if alcohol will be served in the outdoor dining area.

All areas where alcoholic beverages are served outside must comply with the standards established by the State Department of Alcoholic Beverage Control. Any perimeter fence and/or landscaped planter(s) shall be designed to clearly suggest that alcohol is not allowed outside the seating area.

Any barrier must be freestanding, without any permanent or temporary attachments to buildings, sidewalks, or other infrastructure.

The physical design of the fence, barrier, and/or landscaped planter(s) shall be compatible with the design of the building. Seating area barriers (fences, gates, ropes, etc.) shall be visually appealing and help to separate the seating area from the sidewalk.

All barrier material must be maintained in good visual appearance, without visible fading, dents, tears, rust, corrosion, or chipped or peeling paint. A variety of styles and designs are permissible for outdoor dining/seating area barriers, including the following:

Tables and Chairs. Tables and chairs need to be functional, not only for patrons, but also for pedestrians, given the limited space available in some areas. Outdoor dining furniture shall also contribute to the overall atmosphere and be complementary in both appearance and quality. Tables shall not be white plastic or any fluorescent or other strikingly bright or vivid color. Upholstered chairs are permitted. Upholstery is not permitted to be of any fluorescent or other strikingly bright or vivid color. All chairs used within a particular establishment's outdoor seating area shall match each other by being of visually similar design, construction. and color.

Umbrellas. Appropriately designed and sized umbrellas are permitted subject to the following conditions:

Prohibited Furniture. Unless allowed by the conditions of an Administrative Use Permit or Conditional Use Permit, all furniture other than tables, chairs, umbrellas and heaters are prohibited. This includes, but is not limited to, serving stations, bar counters, shelves, racks, sofas, televisions, cooking appliances, and torches.

If any of the standards listed above are found to be inconsistent with the Americans with Disabilities Act (ADA) or California Building Code (CBC) requirements, the ADA and/or CBC standards shall apply.

To the extent any requirements of the ABC are more stringent than the standards listed above for restaurants serving alcohol, the ABC requirements shall apply.

Height of Displayed Materials. The outdoor display of merchandise shall not exceed a height of 10 feet above finished grade.

Location of Merchandise. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces, or pedestrian walkways. Displays shall not obstruct traffic sight areas or otherwise create hazards for vehicle or pedestrian traffic. Displays, storage, or placement of items, goods, or merchandise for sale or use in connection with a business shall not be allowed within a court.

Relationship to Primary Use. The outdoor display and sales area shall be directly related to a business occupying a primary structure on the subject lot.

Signs. Additional signs, beyond those normally allowed for the subject use, shall not be allowed as a result of the outdoor display and sales area.

Operating Hours. The hours of operation shall be restricted to 8:00 a.m. to 10:00 p.m. if within 300 feet of a residential zoning district, or as identified in a permit.

Waste Collection and Disposal. Solid, hazardous, and toxic waste collection, recycling, and/or disposal shall be provided.

Other Conditions. Any other conditions that would ensure that the proposed use will be operated in an orderly and efficient manner shall be required.

Screening. Outdoor storage areas shall be screened from adjoining properties and public rights-of-way through all of the following:

Storage Setback Area. Outdoor storage areas shall not encroach into required setback areas. In zones where no setback area is required, the outdoor storage area shall be set back a minimum of 10 feet from adjoining property line(s) unless otherwise allowed by a Conditional Use Permit.

Reverse vending machines located outside a commercial structure shall be established in conjunction with a commercial use or community service facility that is in compliance with the zoning, building, and fire codes of the City. Reverse vending machines shall only be allowed for beverage container convenience zone collection centers, subject to an Administrative Use Permit.

Reverse vending machines shall be located within 30 feet of the entrance to the commercial structures and shall not obstruct pedestrian or vehicular circulation.

Reverse vending machines shall not be located within 500 feet of a residential use.

Reverse vending machines shall be constructed and maintained with durable, waterproof, and rustproof material and maintained in a clean, litter-free condition on a daily basis.

Reverse vending machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

Reverse vending machines located within a commercial structure do not require discretionary permits.

Small collection facilities shall be established only in conjunction with an existing commercial or community service facility that complies with the planning, building, and fire codes of the City.

Small collection facilities shall be no larger than 500 square feet, not including space that will be periodically needed for removal of materials or exchange of containers.

One parking space shall be required for the attendant.

Occupation of parking spaces by the facility and the attendant may not reduce the available parking spaces below the minimum number required for the primary use.

Additional parking spaces shall not be required for customers of a small collection facility located in an established parking lot.

Small collection facilities shall be set back at least 10 feet from property lines and shall not obstruct pedestrian or vehicular circulation.

Small collection facilities shall accept only glass metals, plastic containers, papers, and reusable items. Used motor oil containers may be accepted with the approval of the local Public Health Official.

Small collection facilities shall use no power-driven processing equipment, except for reverse vending machines.

Containers shall be used that are constructed and maintained with durable waterproof and rustproof materials, covered when the site is not attended, secured from unauthorized entry or removal of material, and of a capacity sufficient to accommodate materials collected and collection schedule.

Recyclable material shall be stored in containers or in the mobile unit vehicle, and materials shall not be left outside of containers when the attendant is not present.

The site shall be maintained free of litter and other undesirable materials. Mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day.

Attended facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours between 9:00 a.m. and 7:00 p.m.

Containers for the 24-hour donation of materials shall be at least 100 feet from any property zoned or occupied for residential use unless there is acoustical shielding between the containers and the residential use that, in the opinion of the Director, provides adequate shielding for noise impacts.

Containers shall be clearly marked to identify the type of material which may be deposited.

The facility shall be marked clearly to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers.

Parking. Off-street parking shall be provided for each project in compliance with the standards in Chapter 17.22 (Parking and Loading).

Compliance with Zone Development Standards. At a minimum, proposed developments shall comply with the applicable zone regulations relative to structure setbacks, lot coverage, landscaping, and other development standards.

Different Abutting Uses. New projects proposed on property abutting lots that are zoned or developed commercially or industrially shall include specific measures approved by the Planning Commission to mitigate potential impacts from adjacent uses.

Sound Attenuation Measures. Sound attenuation measures shall be provided for new senior housing projects that comply with State requirements for residential occupancy.

Dwelling Unit Density. For senior housing developments in a residential zone, the density standards of that zone shall apply. For senior housing developments and residential care facilities in all other zones, where such uses are permitted, no density limit shall apply.

Dwelling Unit Size. Minimum and maximum dwelling unit size shall be governed by the Uniform Building Code and Department of Housing and Urban Development regulations. The Planning Commission may increase these standards upon review of the proposed occupancy and on-site amenities.

Each room shall have a minimum floor area of 150 square feet and a maximum floor area of 350 square feet.

Dwelling units shall be offered for rent on a monthly basis or longer.

An SRO unit shall accommodate a maximum of two persons.

Each SRO development shall provide a minimum common area of 10 square feet for each unit or 250 square feet, whichever is greater. All common areas shall be within the structure. Dining rooms, meeting rooms, recreational rooms, or other similar areas approved by the Development Services Director may be considered common areas. Shared bathrooms, kitchens, janitorial storage, laundry facilities, common hallways, and other similar types of areas shall not be considered as common areas.

If a full kitchen is not provided in each SRO unit, common kitchen facilities shall be provided in the development. A full kitchen includes a sink, refrigerator, and a stove, range top, and/or oven.

Each SRO unit shall have a private toilet in an enclosed compartment with a door and a sink (not including a kitchen sink, if any). The compartment shall be a minimum of 15 square feet. If private bathing facilities are not provided for each unit, shared shower or bathtub facilities shall be provided in compliance with the most recent edition of the California Building Code for congregate residences. However, in no event shall there be less than one full shower or bathtub for every three units, and shower and bathtub facilities shall be located on each floor. Shared shower and bathtub facilities shall be accessible from a common area or hallway and shall be provided with an interior lockable door.

Each SRO unit shall have a separate closet.

Laundry facilities shall be provided in a separate room at the ratio of one washer and dryer for every 10 units.

A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor.

A resident manager shall be required. A written management plan addressing, at a minimum, staff training, identification process, neighborhood outreach, pet policy, safety, security, client intake, loitering control, referral services, outdoor activities, storage, refuse control, and facility maintenance shall be approved by the Director of Community Development. The management plan may be reviewed as needed by the City with revisions made by the operator.

An SRO development shall not be located within 300 feet of another SRO development.

Swimming pools in the R-1, R-2, and R-3 zones shall be constructed on the rear one-half of the parcel or 50 feet from the front property line, whichever is the less, or unless a different location is approved by the Director.

Swimming pools shall not be located closer than five feet from any rear or side parcel line.

On the street side of any corner parcel, where the rear parcel line abuts a side parcel line, the pool shall not be located closer than 10 feet from the side parcel line.

Filter and heating systems for swimming pools, spas, Jacuzzis, and hot tubs shall not be located closer than 15 feet to any dwelling other than the dwelling on which the pool is located.

A wireless communications facility shall be exempt from the provisions of this section if and to the extent that a permit issued by the California Public Utilities Commission (CPUC) or the rules and regulations of the Federal Communications Commission (FCC) specifically provide that the antenna is exempt from local regulation.

Satellite earth station (SES) antennas which are two meters (6.5616 feet) or less in diameter or in diagonal measurement, located in any nonresidential zone. In order to avoid the creation of an attractive public nuisance, mitigate accidental tripping hazards, and maximize stability of the structure, such antennas shall be placed whenever possible on top of buildings and as far away as possible from the edges of rooftops.

Parabolic antennas, direct broadcast satellite (DBS) antennas, and multipoint distribution service (MDS) antennas which are one meter (3.2808 feet) or less in diameter or diagonal measurement and Television Broadcast Service (TVBS) antennas, so long as said antennas are located entirely on private property and are not located within the required front setback area. This locational requirement is necessary to ensure that such antenna installations do not become attractive nuisances and/or result in accidental tripping hazards if located adjacent to a street or other public right-of-way.

Antenna structures designed to receive broadcast satellite service, AM/FM radio signals, UHF/VHF radio signals, or multipoint distribution service ("MDS") ("wireless cable") as defined by the Federal Communications Commission.

Amateur radio antenna structures provide a valuable and essential telecommunication service during periods of natural disasters and other emergency conditions and are therefore exempt from permit provisions of this section in compliance with the following standards:

Such co-locations shall not increase the height of the tower as previously approved, nor shall they include any new equipment beyond the physical enclosure(s) of the prior approval(s);

Improvements to existing wireless facilities that deviate from the prior approval or result in new visual or noise impacts as determined by the Director shall require new permits; and

Development of the facility may be phased without being required to obtain additional Site Development Permit—Minor for each antenna or service located on the structure, provided that the maximum height of the structure(s), the location of the structure(s), and design of the structure(s) are consistent with the approved permit.

A map showing the location of existing facilities within the City limits that are currently used by the operator of the proposed facility, whether or not the facilities are subject to the requirements of this chapter, along with a brief narrative describing each facility.

A written description demonstrating how the facilities will comply with screening and site selection criteria set forth in this section.

All of the following findings are required for the approval of an Administrative Use Permit or Conditional Use Permit for any wireless communications facility:

Findings for the establishment of a wireless communications facility that is not co-located with other existing or proposed facilities or a new freestanding pole or tower (at least one finding required):

All wireless communications facilities shall comply with all applicable requirements of the current uniform codes as adopted by the City and shall be consistent with the General Plan and Municipal Code, as well as other standards and guidelines adopted by the City.

Facilities shall not bear signs or other advertising devices other than certification, warning, or other seals or signage required by law.

Accessory equipment associated with operation of the facility shall be located within a structure, enclosure, or underground vault that complies with the development standards of the zoning district in which the accessory equipment is located. If the equipment is to be located above ground, it shall include sufficient landscaping that is planted and continuously maintained to screen the structure from view from public rights-of-way and adjacent properties.

Major facilities shall not be located within 200 feet of a property containing a residential structure. For the purposes of this provision, distance shall be measured in straight line without regard to intervening structures from the nearest point of the proposed major facility to the nearest relevant property line.

No major facility shall be located within 500 feet of another existing, legally established major facility unless co-located on the same structure.

Lattice towers shall not be allowed.

The applicant shall use the smallest and least visible antennas possible to accomplish the owner/operator's coverage objective.

A visual impact analysis is required to demonstrate how the proposed facility will appear from public rights-of-way.

Major facilities shall not exceed the maximum structure height for the zoning district in which it is located. For the purposes of this subsection, height shall be measured from the ground to the tallest part of the facility. The Commission may grant a higher structure height if the Commission can make the following findings:

A minor facility shall not exceed the maximum height for the zoning district in which it is located.

All screening and stealth features shall be well integrated into the design of the buildings and/or sites on which they are located in terms of architecture, materials, colors, building textures, and landscape palette.

Abandonment. A wireless communications facility that is inoperative or unused for a period of six continuous months shall be deemed abandoned. Upon reasonable suspicion of abandonment, the City shall provide a preliminary notice of abandonment to the operator of the facility and the owner(s) of the premises upon which the facility is located. The preliminary notice of abandonment may be delivered in person or mailed to the address(es) stated on the facility permit application and shall be deemed given at the time delivered or placed in the mail.

Removal of Abandoned Facility.

Removal by City. If the facility is not properly removed following 30 days after the determination of abandonment, the facility shall be deemed a public nuisance and may be abated in compliance with Chapter 8.32 of the Los Alamitos Municipal Code.

Provide a uniform and comprehensive set of regulations and standards for the permitting, development, siting, installation, design, operation, and maintenance of small wireless facilities in the City, including within the public right-of-way.

Establish clear local guidelines, standards, and time frames for the excise of local authority with respect to the regulation of small wireless facilities in the City, including within the public right-of-way.

Impose clear and reasonable requirements so that applications for small wireless facilities will be processed in a consistent and prompt manner. Particularly, this chapter imposes requirements that are necessary to protect public health and safety, community welfare, visual resources, and provide for the orderly, managed, and efficient development of small wireless facilities in accordance with state and Federal laws, rules, and regulations.

Provide for the orderly, managed, and efficient development of small wireless facilities in accordance with the state and Federal laws, rules, and regulations and permit and manage reasonable access to the public right-of-way for telecommunications purposes on a competitively neutral basis.

Enable the City to discharge its public trust consistent with rapidly evolving Federal and state regulatory policies, industry competition, and technological development through the encouragement of advanced and competitive telecommunications services on the widest possible equivalent basis to the businesses, institutions, and residents of the City while continuing to fairly and responsibly protect the public health, safety and welfare.

Promote and protect public health and safety, community welfare, visual resources, and the aesthetic quality of the City consistent with the goals, objectives and policies of the General Plan.

Conserve the limited physical capacity of the public rights-of-way held in public trust by the City.

Assure that the City's current and ongoing costs of granting and regulating private access to and use of the public right-of-way are fully paid by the persons seeking such access and causing such costs and secure fair and reasonable compensation to the City and the residents of the City for permitting private use of the public right-of-way.

This chapter is not intended nor shall it be interpreted or applied to: (a) prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services; (b) prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules or regulation for rights-of-way management; (c) unreasonably discriminate among providers of functionally equivalent services; (d) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC's regulations concerning such emissions; (e) prohibit any collocation or modification that the City may not deny under Federal or State law; or (f) otherwise authorize the City to preempt any applicable Federal or State law.

Small Wireless Facility Permit Required. A small wireless facility permit shall be required to locate or modify any small wireless facility in the City, including, without limitation, within any public right-of-way. No small wireless facility shall be located or modified within the City on any property, including the public right-of-way, without the issuance of a small wireless facility permit as required by this chapter.

Action by Development Services Director.

Permit for Improvements in the Public Right-of-Way. Each applicant for a small wireless facility permit pursuant to this chapter proposed for location in or on any public right-of-way within the City shall also submit an application for a permit for improvement in the public right-of-way pursuant to the provisions of Section 12.08.030 of this Code. The application for such permit shall be processed, reviewed, and approved concurrently with the application for a small wireless facility permit pursuant to the provisions of this chapter.

Non-Exclusive Grant. Any administrative approval granted under this chapter shall not confer any exclusive right, privilege, license, or franchise to occupy or use the public right-of-way of the City for delivery of telecommunications services or any other purposes.

Application Content. All applications for a small wireless facility permit required by this chapter and all required submittals must be made in writing by the applicant or the applicant's authorized agent on such form as the Director may prescribe, which shall include the information specified in this subsection in addition to all other information determined necessary by the Director.

Design and Development.

Noise Restrictions and Requirements.

Aesthetics.

Minimum Spacing.

Undergrounding.

Modification. At the time a small wireless facility is modified, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise, and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities.

Poles.

Antennas.

Operation and Maintenance.

Security Measures.

ADA Compliance. Small wireless facilities shall be built in compliance with the Americans with Disabilities Act.

Before the permittee submits any application for a building permit or other permits required by this Code, the permittee must incorporate the small wireless facility permit granted under this chapter, all conditions associated with the small wireless facility permit and the approved plans and any photo simulations (the "Approved Plans") into the project plans. The permittee must construct, install, and operate the small wireless facility in strict compliance with the Approved Plans. The permittee shall submit an as built drawing within 90 days after installation of the facility.

Where feasible, as new technology becomes available, the permittee shall:

The permittee shall submit and maintain current at all times basic contact and site information on a form to be supplied by the Director. The permittee shall notify the Director of any changes to the information submitted within seven days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to, the following:

The permittee shall not place any small wireless facility that will deny access to, or otherwise interfere with, any public utility, easement, or right-of-way located on the site. The permittee shall allow the City reasonable access to, and maintenance of, all utilities and existing public improvements within or adjacent to the site, including, but not limited to, pavement, trees, public utilities, lighting and public signage.

At all times, all required notices and signs shall be posted on the site as required by the FCC and California Public Utilities Commission, and as approved by the City. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.

At all times, the permittee shall ensure that the small wireless facility complies with the most current regulatory and operational standards including, but not limited to, radio frequency emissions standards adopted by the FCC and antenna height standards adopted by the Federal Aviation Administration.

All conditions of approval shall be binding as to the applicant and all successors in interest to permittee.

The small wireless facility shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the Director for the purpose of: (a) protecting the public health, safety, and welfare; (b) preventing interference with pedestrian and vehicular traffic; and (c) preventing damage to the public right-of-way or any property adjacent to it.

The permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement or property without the prior consent of the owner of that structure, improvement or property. No structure, improvement or property owned by the City shall be moved to accommodate a small wireless facility unless the City determines that such movement will not adversely affect the City or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the City's structure, improvement or property. Prior to commencement of any work pursuant to an encroachment permit issued for any facility within the public right-of-way, the permittee shall provide the City with documentation establishing to the City's satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement or property within the public right-of-way to be affected by applicant's small wireless facility.

The permittee shall assume full liability for damage or injury caused to any property or person by the small wireless facility. The permittee of any administrative or discretionary land use entitlement permit required under the provisions of this chapter shall indemnify, defend, and hold the City, its officers, agents, employees, and representatives (indemnitees), harmless from and against any and all loss, damage, liability, claim, demand, suit, cost, and expense whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected with the issuance of any such permits or approvals and/or the installation, construction, maintenance, use, or operation of the work contemplated on private property, City property, or the public right-of-way for said permits, regardless of whether the indemnitees reviewed and approved any plans or inspected any work or improvement, including any encroachment, and regardless of whether such maintenance, repair, replacement, or condition was affected or caused by the indemnitees, except as provided by law

The permittee shall repair, at its sole cost and expense, any damage including, but not limited to subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to City streets, sidewalks, walks, curbs, gutters, trees, parkways, slopes, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation or maintenance of a wireless telecommunications facility in the public right-of-way. The permittee shall restore such areas, structures and systems to the condition in which they existed prior to the installation or maintenance that necessitated the repairs. In the event the permittee fails to complete such repair within the number of days stated on a written notice by the Director, the Director shall cause such repair to be completed at permittee's sole cost and expense.

Should any utility company offer electrical service that does not require the use of a meter cabinet, the permittee shall at its sole cost and expense remove the meter cabinet and any related foundation within 30 days of such service being offered and reasonably restore the area to its prior condition.

The permittee shall modify, remove, or relocate its small wireless facility, or portion thereof, without cost or expense to City, if and when made necessary by:

Any modification, removal, or relocation of the small wireless facility shall be completed within 90 days of written notification by the Director unless exigencies dictate a shorter period for removal or relocation. Modification or relocation of the small wireless facility shall require submittal, review, and approval of a permit amendment pursuant to this Code. The permittee shall be entitled, on permittee's election, to either a pro-rata refund of fees paid for the original permit or to a new permit, without additional fee, at a location as close to the original location as the standards set forth in this Code allow. In the event the small wireless facility is not modified, removed, or relocated within said period of time, the City may cause the same to be done at the sole cost and expense of permittee. In the event of exigent circumstances, as determined by the Director, the City may modify, remove, or relocate small wireless facilities without prior notice to permittee provided permittee is notified within a reasonable period thereafter.

The applicant has provided substantial written evidence supporting the applicant's claim that it has the right to enter the public right-of-way pursuant to State or Federal law, or the applicant has entered into a franchise or other agreement with the City permitting them to use the public right-of-way.

The applicant has demonstrated that the facility will not interfere with the use of the public right-of-way, existing subterranean infrastructure, or the City's plans for modification or use of such location and infrastructure.

Abandonment.

Removal by Operator/Owner.

Removal by City. If the small wireless facility is not properly removed following 30 days after the determination of abandonment by the Director, the small wireless facility shall be deemed a public nuisance and may be abated in compliance with Chapter 8.32 of this Code.