Palmdale City Zoning Code

Purpose. The intent of this Section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Government Code Sections 65852.2 and 65852.22, and that such dwelling units do not adversely impact surrounding residents or the community.

Applicability. Except as authorized by Federal or State law regulations, accessory dwelling units are allowed only in zones where single-family or multifamily residential units are allowed. Junior accessory dwelling units are allowed only in single-family dwellings.

General Plan Consistency. In adopting these standards, the City recognizes that the approval of accessory dwelling units or junior accessory dwelling units may, in some instances, result in densities exceeding the maximum densities prescribed by the General Plan. The City finds that this occurrence is consistent with the General Plan, as allowed under State planning and zoning law applicable to accessory dwelling units, and that this Title furthers the goals, objectives, and policies of the General Plan.

Maximum Number of Accessory Dwelling Units and Junior Accessory Dwelling Units per Lot.

Single-Family Residences. For lots with a proposed or existing single-family residence, no more than one accessory dwelling unit and no more than one junior accessory dwelling unit may be on the lot, as follows:

One accessory dwelling unit and one junior accessory dwelling unit per lot may be constructed within an existing or proposed single-family or accessory structure, including the construction of up to a 150-square-foot expansion beyond the same physical dimensions as the existing accessory structure to accommodate ingress and egress; or

One detached, new construction, accessory dwelling unit and one junior accessory dwelling unit built within the existing or proposed single-family dwelling.

Multifamily Residences. For lots with a proposed or existing multifamily residential dwelling, no junior accessory dwelling units are allowed. However, if there is an existing multifamily residential structure, the following are allowed:

Nonhabitable portions of the existing main structure (e.g., storage rooms, boiler rooms, hallways, attics, basements, or garages) may be converted to an accessory dwelling unit(s); provided, that the maximum number of such accessory dwelling units shall not exceed 25 percent of the number of the existing residential units on the lot; provided, that applicable building standards are met; and

No more than eight ADUs that are detached from the multifamily dwelling, however the number of accessory dwelling units allowed shall not exceed the number of existing units on the lot; provided, that no such unit shall exceed the height limits as established in Subsection (F)(9) of this Section, and each such unit complies with the setbacks specified within Subsection (F)(4) of this Section. The maximum square footage of detached accessory dwelling units on lots with existing multifamily residential dwellings shall be 800 square feet each.

General ADU and JADU Requirements.

Ministerial Approval. Any application for an accessory dwelling unit or junior accessory dwelling unit which meets the standards of this Section shall be approved pursuant to PMC § 17.26.030 (Zoning clearance review) and Government Code Section 65852.2(a)(3).

Conveyance. Except as authorized by Government Code Section 65852.26, accessory dwelling units and junior accessory dwelling units may not be sold or otherwise conveyed separate from the primary residence.

Rental Restrictions. Rental periods for accessory dwelling units and junior accessory dwelling units shall not be less than 31 days.

Recorded Covenants. Before obtaining a permit for an accessory dwelling unit or junior accessory dwelling unit, the property owner shall file with the County Recorder a declaration or agreement of restrictions, which has been approved by the City Attorney as to its form and content. The covenants for the accessory dwelling unit or junior accessory dwelling unit shall describe restrictions that allow for the continued use of the accessory dwelling unit or junior accessory dwelling unit as follows:

The accessory dwelling unit or junior accessory dwelling unit shall not be sold separately from the primary residence unless otherwise exempted by the provisions of Government Code Section 65852.2(a)(1)(D);

The accessory dwelling unit or junior accessory dwelling unit shall not be rented for periods of less than 31 days;

The restrictions shall be binding upon any successor in ownership of the property, and lack of compliance shall result in legal action against the property owner for noncompliance with the standards for an accessory dwelling unit or junior accessory dwelling unit;

For junior accessory dwelling units, owner complies with the development standards and owner-occupancy requirements consistent with Subsection (G) of this Section (Junior Accessory Dwelling Units – Specific Standards.

Building Standards. All accessory dwelling units and junior accessory dwelling units must comply with PMC Chapter 8.04 (Adoption of Health, Safety and Technical Construction Codes) and any other applicable provisions of the California Building Standards Code and the California Fire Code.

City/Public Utilities.

Utilities Required. All accessory dwelling units and junior accessory dwelling units must be properly connected to public utilities, including water, electric, and sewer (or septic) services. Junior accessory dwelling units with separate bathroom facilities and accessory dwelling units may not be attached to a septic system unless approved by the County of Los Angeles Public Health Department.

Impact Fees. No impact fees shall be imposed on a junior accessory dwelling unit or an accessory dwelling unit less than 750 square feet in size.

Separate Connections. If an accessory dwelling unit or junior accessory dwelling unit is constructed with a new single-family home, a separate utility connection directly between the accessory dwelling unit or junior accessory dwelling unit and the utility and payment of the normal connection fee and capacity charge for a new dwelling shall be required. If, however, the accessory dwelling unit or junior accessory dwelling unit is constructed within an existing single-family structure, then the City cannot require a separate utility connection.

Easements. No accessory dwelling unit or junior accessory dwelling unit may be constructed in a location that would violate any easement unless approved in writing by the holder of the easement.

Accessibility Standards. New construction of any ground level accessory dwelling unit and/or junior accessory dwelling unit is encouraged to be designed and constructed to allow for disability/accessibility standards by providing plans which demonstrate adequate door and hallway widths, maneuvering space in kitchens and bathrooms, and structural reinforcements for grab bars.

Nonconforming. Accessory dwelling units and junior accessory dwelling units shall not be required to correct legal nonconforming zoning conditions as a precondition to obtaining authorization to construct.

Fire Sprinkler Requirements. Accessory dwelling units and junior accessory dwelling units shall not be required to include fire sprinklers if they are not required for the primary residence.

Zone Conformity. Except as otherwise provided in this Section accessory dwelling units and junior accessory dwelling units shall conform to all other development standards of the underlying zone.

Accessory Dwelling Units – Specific Standards.

Legal Lot/Residence. An accessory dwelling unit shall only be allowed on a lot within the City that contains or has approved plans to be developed with a legal, or legal nonconforming, single-family or multifamily residence.

The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

Floor Area. Accessory dwelling units shall comply with the following:

Attached Accessory Dwelling Units. The maximum floor area of an attached accessory dwelling unit shall be the higher of:

Eight hundred fifty square feet for an accessory dwelling unit with zero to one bedroom or 1,000 square feet for an accessory dwelling unit with two or more bedrooms; or

If there is an existing primary single-family dwelling, 50 percent of the square footage of the existing primary single-family dwelling.

Detached Accessory Dwelling Units. The maximum floor area of a detached accessory dwelling unit shall be 1,200 square feet.

An addition of up to 150 square feet to accommodate ingress and egress for an accessory dwelling unit created from the conversion of an existing accessory structure shall be exempt from the maximum floor area standard.

Setbacks.

No setbacks are required for either:

Those portions of accessory dwelling units that are created by converting existing living area or existing accessory structures to new accessory dwelling units; or

The construction of a new accessory dwelling unit is in the same location and to the same dimensions as an existing structure.

All other accessory dwelling units must be set back a minimum of four feet from interior side, street side, and rear lot lines and, where feasible and does not preclude the creation of an 800-square-foot accessory dwelling unit, must comply with all applicable front setbacks pursuant to the standards of the underlying zone.

Where feasible and does not preclude the creation of an 800-square-foot accessory dwelling unit, the minimum required distance between a detached accessory dwelling unit and the primary dwelling unit, and all other structures, including garages, on the property, shall be 10 feet.

Location. Where feasible and does not preclude the creation of an 800-square-foot accessory dwelling unit, newly constructed accessory dwelling units shall be located in line with or behind the front-most building wall of the primary dwelling unit.

Parking.

In addition to the required parking for the primary unit, one parking space shall be provided unless the accessory dwelling unit has no bedrooms (e.g., a studio), in which case no parking space is required, or unless the proposed accessory dwelling unit qualifies for a parking exemption under Subsection (F)(6)(b) of this Section. The required parking space may be provided as:

Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk and otherwise complies with parking standards specified within this Title; or

Within a setback area or as tandem parking in locations determined feasible by the City for such use. Locations will be determined infeasible based upon specific site or regional topographical or fire and life safety conditions.

Notwithstanding the foregoing, no parking space shall be required for an accessory dwelling unit if:

It is located within one-half mile walking distance of public transit;

It is located within an architecturally and historically significant district;

It is part of a proposed or existing primary residence or accessory structure;

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or

Where there is a car share vehicle located within one block of the accessory dwelling unit.

The application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot; provided, that the accessory dwelling unit or the parcel satisfies any other criteria listed in this Subsection.

When a garage, carport, uncovered parking space, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the demolished or converted off-street parking spaces do not have to be replaced, and parking would be eliminated.

Design and Materials. Accessory dwelling units shall comply with all standards of PMC § 17.37.010 (Detached single-family residential standards), where applicable and not in conflict of the standards of this Section, except that PMC § 17.37.010(G) and (H) shall not apply, and PMC § 17.37.010(C)(3)(b) (regarding garages) shall not apply unless a new or revised garage is being proposed for the single-family dwelling. Junior accessory dwelling units shall only be allowed in a primary dwelling that meets all applicable standards.

Second Story. For accessory dwelling units on a lot with a single-family residence, all or part of an accessory dwelling unit may be on the second floor only if the accessory dwelling unit does not have any open and not fully enclosed stairways, and one of the following applies:

The accessory dwelling unit was converted entirely from existing space within the single-family dwelling;

The accessory dwelling unit is attached to the primary dwelling and the primary dwelling (inclusive of the accessory dwelling unit) will comply with all standards applicable to the primary dwelling (except parking in scenarios pursuant to Subsection (F)(6)(c) of this Section; or

All or part of the accessory dwelling unit is above a code-compliant two car garage.

Height Limits. Accessory dwelling units are subject to the following height standards:

A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family or multifamily dwelling unit;

A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family or multifamily dwelling unit that is within one half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit;

A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling; or

A height of 25 feet or the height limitation in the local Zoning Ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories.

Conversion of Existing Primary Unit. An existing single-family dwelling may be converted to an accessory dwelling unit when all standards of this Section are met and a new, larger single-family dwelling will be constructed pursuant to all standards of this Title.

Passageway.

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

For the purposes of this Section, "passageway" shall have the same meaning as that stated in Government Code Section 65852.2 as that section may be amended from time to time.

Other Standards. Lot coverage, open space, and floor area ratio limitations, where applicable, shall not preclude the development of an accessory dwelling unit of up to 800 square feet with a minimum of four-foot side and rear setbacks.

Junior Accessory Dwelling Units – Specific Standards.

Owner Occupancy. The owner must reside either in the junior accessory dwelling unit or in the single-family residence. Owner-occupancy is not required if the owner is a governmental agency, land trust, or "housing organization" as that term is defined in Government Code Section 65589.5(k)(2), as that section may be amended from time to time.

Kitchen. The junior accessory dwelling unit shall include an efficiency kitchen, including a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

Parking. The accessory dwelling unit shall not be required to have a parking space.

Exterior Access. The junior accessory dwelling unit shall have exterior access and side and rear setbacks sufficient for fire safety.

Conflicts Between This Section and State Law. Should there be any conflict between this Section and California Government Code Sections 65852.2 and 65852.22 as amended from time to time, then the provisions of the above cited Government Code sections shall prevail.

(Ord. 1603 § 4 (Exh. I), 2023; Ord. 1658, 7/15/2025)

§ 17.91.020 Alcohol and drug treatment facility.

Purpose and Intent. It is the purpose of these standards to establish specific standards for alcohol and drug treatment facilities which house seven or more persons. The intent is to ensure that there are adequate alcohol and drug treatment facilities while also protecting adjacent land uses from adverse effects of such uses.

Development and Use Standards.

Use Restrictions. All alcohol and drug treatment facilities shall conform to the following requirements and standards:

State License Required. Each facility must obtain a license from the State. Facilities without the proper State licensing shall be prohibited;

Occupancy Requirements. Occupancy, not including on-site staff, shall be limited to persons recovering from alcoholism or alcohol and/or drug abuse;

All residents must actively participate in legitimate programs, including, but not limited to, Alcoholics Anonymous (AA) or Narcotics Anonymous (NA), and maintain current records of meeting attendance;

All owners, managers, operators, and residents must observe and promote a "zero tolerance" policy regarding the consumption or possession of alcohol and controlled substances, except for prescription medications obtained and used under direct medical supervision;

There must be a written policy dealing with the use of drugs or alcohol;

The number of residents subject to the sex offender registration requirements of Penal Code Section 290 must not exceed the limit set forth in Penal Code Section 3003.5 and must not violate the distance provisions set forth in Penal Code Section 3003; and

Owners, managers, operators, and residents must ensure that the property and its use comply with all applicable State and local laws.

Property Requirements.

The parcel upon which the alcohol and drug treatment facility is located shall conform to all standards of the underlying land use designation and zone.

Location.

The facility shall provide access to necessary support services;

There shall be a 5,000-foot separation measured from the nearest outside building walls between the subject use and any sober living home or other alcohol and drug treatment facility; and

An alcohol and drug treatment facility shall not be located within 1,000 feet of a public or private school (preschool through twelfth grade), universities, colleges, student housing, senior housing, childcare facilities, public parks, or businesses licensed for on- or off-site sales of alcoholic beverages as measured from any point on the outside walls of the subject use to the nearest property line of the noted use.

Parking. Off-street parking shall be provided pursuant to PMC Chapter 17.87 (Off-Street Parking and Loading) and the following:

All required off-street parking shall be located a maximum of 150 feet from at least one entrance to the facility;

If a shuttle stop is located on the property, shaded waiting areas and adequate and suitably striped paved areas for shuttle parking shall be provided adjacent to the shuttle stops; and

Parking requirements may be adjusted on an individual project basis, subject to a parking study based on the type of care assistance provided, and the location and proximity to services including but not limited to medical offices, shopping areas, mass transit, etc.

Bus Turnouts and Shelters. A bus turnout and shelter may be required as determined by the Review Authority if the project is located on a designated regional or crosstown street and adjacent to existing/future bus route(s).

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.91.030 Caretaker's units (accessory).

Purpose and Intent. It is the purpose of this Section is to establish specific standards for full-time caretaker's residences as an accessory use. The intent is to allow caretaker's units where a need exists, based on the type of use, for full-time security personnel or a superintendent to be present on site. Caretaker's units, where allowed by the zone, are allowed only as an accessory use.

Development Standards. A caretaker's unit shall be allowed as an accessory structure where allowed in the underlying zone, on a lot or site containing a primary use, subject to the following standards:

Limited Use. A caretaker's unit may be occupied only by a caretaker or superintendent and their family. No other residential occupancy shall be allowed. A caretaker's unit shall not be used as office space;

Property Standards. Only one caretaker's unit shall be allowed per lot of record;

Development Standards. Detached caretaker's units shall meet the minimum standards for single-family residences as contained in PMC § 17.37.010 (Detached single-family residential standards). All construction of attached caretaker's units shall meet the applicable development standards for multifamily residences contained in PMC Chapter 17.38 (Supplemental Standards for Multifamily Residential Development). All caretaker's units shall be affixed to a permanent foundation;

Design and Materials. Caretaker's units shall be designed and constructed with materials that are comparable to and compatible with any structures constructed for the primary use, if applicable, except that those construction materials which are prohibited pursuant to the appropriate construction standards shall not be used for caretaker's units;

Driveway Access. The driveway serving the primary use shall also serve the caretaker's unit;

Pedestrian Access. Each caretaker's unit shall be provided with a separate outside entrance, with pedestrian access from a public street to the entrance;

Parking. A minimum of one covered parking space shall be provided on the same lot as the caretaker's unit, in addition to the required parking spaces serving the primary use; and

Setbacks. A caretaker's unit shall not be constructed within a setback area required by the zone or for the primary use.

Review Process. Uses subject to this Section shall be subject to minor site plan review approval pursuant to PMC § 17.26.090 (Minor site plan review) and the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title. Caretaker's units that are intended to be incorporated into the overall site plan design of the property and constructed at the same time as the primary use shall be reviewed and approved as part of the development application for the primary use.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.91.040 Cottage food operation.

Purpose and Intent. The purpose of the cottage food operation provisions are to allow the establishment and operation of cottage food operations within the home, pursuant to Section 113758 of the California Health and Safety Code, while minimizing any impacts of such businesses on adjacent properties or the general neighborhood.

Review Process. Uses subject to this Section shall be subject to the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title.

Mandatory Conditions of Approval. Cottage food operations may be allowed on property used for residential purposes pursuant to the requirements as specified in the applicable zone; and provided, that the use is operated pursuant to the following:

The operator of a cottage food operation must reside within the residential unit in which the facility is operated. The cottage food operation shall not be transferable to another operator or transferable to another site.

Each cottage food operation shall conform to all State and County laws, regulations, and requirements.

Within 30 days of receipt of an approval for a cottage food operation, the operator of such facility shall provide proof of receipt of a permit from the County of Los Angeles, Environmental Health Services, Department of Public Health to the City.

The cottage food operation shall be clearly incidental to the use of the structure as a dwelling.

No physical conversions or alterations to the residential nature and character of the residential unit where a cottage food operation is being conducted shall be allowed in conjunction with the cottage food operation.

A cottage food operation shall be conducted only within an enclosed living area of the dwelling unit and shall not occupy more than 25 percent of the gross floor area of the dwelling. A cottage food operation shall not utilize any outdoor area, any accessory structure, or any garage or carport utilized to satisfy off-street parking standards. There shall be no storage of equipment, inventory, or supplies in an attached garage, an accessory structure, or outside of the dwelling (including inside of a storage building that is not a "structure").

No greater than one cottage food employee, as defined by California Health and Safety Code Section 113758.b.1, and not including a family member or household member of the cottage food operator, shall be allowed on the premises of the cottage food operation.

If direct sales are proposed at the site of the cottage food operation, no third parties or customers shall be allowed to dine at the cottage food operation.

No outdoor sales shall be allowed at the site of the cottage food operation.

No cottage food operation shall sell, or offer for sale, from the residence food items prepared from that residence between the hours of 6:00 p.m. and 9:00 a.m.

Commercial delivery of items used in a cottage food operation shall be prohibited between the hours of 6:00 p.m. and 8:00 a.m.

Cottage food operations shall not create noise levels in excess of those allowed in residential areas in the Noise Element of the General Plan.

Parking Standards. For single-family homes, parking spaces in the property's garage or carport and driveway shall be available for the parking demand created by the use, including parking spaces for the cottage food operator's personal vehicles, parking spaces for employees if employees are present, and one parking space for customers if direct sales on the property are proposed. For apartments and multifamily developments, the cottage food operator's designated space(s) shall be available for the parking demand created by the use, including parking spaces for the cottage food operator's personal vehicles, parking spaces for employees if employees are present, and one parking space for customers if direct sales on the property are proposed.

The cottage food operator shall contract with the local waste disposal company for additional trash removal services, as deemed necessary by the Director and pursuant to PMC Chapter 5.52 (Solid Waste Handling and Recycling Services).

No signage or advertisement identifying the cottage food operation shall be allowed at the premises except as may be required by Federal, State, and/or local agencies. No vehicles with any signs indicating that the premises is being used for the business shall be parked within view of the public right-of-way.

Gross annual sales shall not exceed the amount specified in California Health and Safety Code Section 113758.

The City shall have the right to inspect the premises in which the cottage food operation is located.

Modification or Revocation by the Director. The Director may periodically review any cottage food operation to ensure that it is being operated in a manner consistent with the conditions specified within this Section and in a manner which is not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity. If, after reviewing, the Director deems that there is sufficient evidence to modify or revoke the cottage food operation approval, this shall be accomplished pursuant to the standards specified within PMC § 17.26.090(E).

Lapse of Approval.

A cottage food operation, approved under the provisions of this Section, shall become null and void upon expiration of a business license issued in conjunction with the cottage food operation and will require the filing of a new application, including applicable fees, with the City.

Where a cottage food operation has been revoked pursuant to this Section, a new application for the same or substantially the same cottage food operation may not be filed within one year of the date of revocation.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.91.050 Manufactured/mobile home parks.

Purpose and Intent. It is the purpose of this Section is to establish specific standards for manufactured/mobile home parks, including tiny homes and park models. The intent is to prevent the creation of any nuisance to the occupants of neighboring areas while allowing the establishment and operation of the manufactured/mobile home park.

General Development Standards. All manufactured/mobile home parks shall be constructed in the following manner:

Minimum Site Size. A site proposed for a manufactured/mobile home park shall be a minimum of five gross acres.

Density. The overall density of the project shall not exceed the maximum density allowed by the General Plan.

Manufactured/Mobile Home Space Standards.

Minimum Size. The manufactured/mobile home spaces in the park shall average a minimum of 3,000 square feet, but no site shall be smaller than 2,500 square feet;

Minimum Width. The minimum average width of a manufactured/mobile home space shall be 42 feet for sites designated for a single width manufactured/mobile home, or 30 feet plus the width of the manufactured/mobile home for sites designated for double width or wider manufactured/mobile homes; and

Frontage. Each manufactured/mobile home space shall abut directly upon an interior drive aisle for a minimum of 30 feet.

Setbacks. The minimum setbacks for individual manufactured/mobile home spaces, measured from the edge of internal streets or edge of an internal drive aisle, and border of unit space lines, shall be as follows:

Front setback shall be minimum 10 feet;

Side setback shall be either a minimum of five feet on each side, or zero lot line on one side and 10 feet on the opposite side. On corner manufactured/mobile home sites or lots, the side setback adjoining the manufactured/mobile home park or subdivision street shall not be less than 10 feet;

Rear setback shall be a minimum of 10 feet; and

Structural separation between any two dwelling units shall be a minimum of 10 feet.

Exterior Boundaries. All exterior boundaries of the manufactured/mobile home park or subdivision shall appear similar to conventional residential developments and shall be screened by a decorative wall, fence, or other comparable devices a minimum of six feet in height. A minimum six-foot-wide landscaped area shall be provided along the inside of the perimeter wall, which may include the required setbacks of the adjoining manufactured/mobile home spaces. Where a perimeter wall is located adjacent to public rights-of-way, a minimum of 12 feet of landscaping shall be provided between the wall and the edge of curb, excluding the sidewalk. Landscaping shall be provided as approved by the City Engineer.

Lot Coverage. Maximum space coverage (unit and its accessory structure(s)) shall be 75 percent of the manufactured/mobile home space.

Common Areas. A minimum of 20 percent of the park site shall be devoted to common usable open space. Useable open space areas shall not include rights-of-way, vehicle parking areas, areas adjacent to or between structures less than 15 feet in width, private setbacks, or slopes greater than 3:1. The area to be utilized for common recreation facilities shall have a minimum aggregate area of 300 square feet for every manufactured/mobile home space or lot.

Amenities. All manufactured/mobile home parks shall provide recreational amenities within the site which may include but are not limited to swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter – barbecue area; court game facilities including but not limited to tennis, basketball, or racquetball; improved softball or baseball fields; or day care facilities. The type of amenities shall be approved by the Review Authority and provided according to the following schedule:

Table 17.91.050-1. Amenities Per Number of Units
Units	Amenities
0 – 9	0
10 – 50	1
51 – 100	2
101 – 200	3
201 – 300	4

Notes:
Add 1 amenity for each 100 additional units or fraction thereof.

Facilities. The following facilities shall be provided in each manufactured/mobile home park:

Manufactured/Mobile Home Park Office. Every manufactured/mobile home park shall include a permanent building for office use. Such building may include a single-family dwelling for the exclusive use of the owner or manager.

Laundry Rooms. Every manufactured/mobile home park shall provide laundry facilities based on the number of manufactured/mobile home spaces pursuant to PMC § 17.38.070 (Dwelling unit requirements).

Mailboxes. Each manufactured/mobile home space shall be equipped with a receptacle for mail deliveries pursuant to the standards of the local postmaster. Mailbox areas shall be designed pursuant to PMC § 17.38.030 (Services and utilities).

Storage Areas. Areas used for storage of travel trailers, boats, or other such items may be established in a manufactured/mobile home park, provided they are screened from public view.

Utilities. All utility distribution facilities, including television antenna service lines serving individual manufactured/mobile home spaces, shall be placed underground. The manufactured/mobile home park owner shall be responsible for compliance with the standards of this Section, and they shall make all the necessary arrangements with each of the serving utilities for the installation of such facilities. Transformers, terminal boxes, meter cabinets, pedestal, concealed ducts, and other appurtenant facilities necessary for such underground facilities may be placed above ground. Water and sewer distribution facilities shall be installed in conformance with specifications of the City Engineer. All manufactured/mobile home spaces shall be served with water, gas, electricity, television cable, and sewer, and fiber as it is available.

Design. No manufactured/mobile home shall be installed in a manufactured/mobile home park if more than 10 years have elapsed between the date of the manufacture of the home and the date of an application for the issuance of a building permit to install the unit. Each unit shall be equipped with skirting or provided with a support pad which is recessed, in order to give the appearance of the home being located on grade.

Internal Streets. Streets shall be designed to provide convenient traffic circulation within the manufactured/mobile home park or subdivision. The following minimum standards shall apply unless modified by the City Engineer:

The minimum width of any street shall be 30 feet including the curbs;

The streets shall be paved pursuant to the standards established by the City Engineer; and

Concrete roll curbs shall be provided on each side of the street. Sidewalks shall be provided along internal streets/drive aisle where deemed appropriate.

Driveways. Driveway approaches into manufactured/mobile home parks shall be delineated with interlocking pavers, rough-textured concrete, landscaped medians, or similar features.

Pedestrian Access. All recreation facilities and common areas shall be conveniently located within the park or subdivision and be accessible via pedestrian pathways and sidewalks. Such accessways shall also be provided to off-site walkways.

Parking. The manufactured/mobile home park shall be provided with parking and access as required by PMC Chapter 17.87 (Off-Street Parking and Loading). If garages are provided, a minimum of 20 feet shall be provided between the face of the garage door and the back of sidewalk or edge of internal drive aisle. In addition, if the manufactured/mobile home park has more than 40 spaces, common recreation and laundry areas shall have sufficient parking to accommodate 40 plus one automobile for every 10 manufactured/mobile home spaces.

Landscaping. Common open space areas shall be landscaped pursuant to an approved landscape plan. Landscaping shall be maintained pursuant to such plans by the property owner in perpetuity. In addition to perimeter trees, the equivalent of one tree shall be planted for each manufactured/mobile home lot or space, either within the individual spaces or in common areas.

Lighting and Signs. Lighting and signs shall be pursuant to Division 8 (General Development Standards) of this Title. Adequate internal and external lighting, including lighting of walkways, shall be provided for security purposes. The lighting shall be energy efficient, stationary, deflected away from adjacent properties and public rights-of-way, and of an intensity compatible with the residential neighborhood.

Trash Areas. Trash areas shall be dispersed throughout the park. Trash areas not located within a building shall be paved and located a minimum of five feet from the private street or drive aisle. One trash area shall be provided for the first 10 units, and one for each additional 10 units or fraction thereof. Trash areas must be able to accommodate trash, recycling, and organics collection services in compliance with State law.

(18)

Animal Keeping. Animal keeping at manufactured/mobile home parks shall be pursuant to the standards in PMC Chapter 17.89 (Animal Keeping).

Transient Spaces. Transient manufactured/mobile home spaces shall include all spaces that are occupied with manufactured/mobile homes for 90 days or less. Not more than 10 percent of the manufactured/mobile home spaces may be used for transient manufactured/mobile homes. Spaces reserved for transient manufactured/mobile homes shall be so designated on the plans submitted with the application for the manufactured/mobile home park. All standards of this Section shall apply to transient spaces. Manufactured/mobile homes which are smaller than specified in this Section may occupy such designated transient manufactured/mobile home spaces for periods up to 90 days.

Homeowner's Associations. A homeowner's association shall be formed for any manufactured/mobile home subdivision. Such association shall be responsible for the maintenance of common recreation facilities, common open space areas, common landscape areas, pedestrian pathways, private streets/drive aisles, and other common areas identified on the subdivision map.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.91.060 Manufactured/mobile home park closures.

Findings and Declaration of Purpose. The State Mobile Home Residency Law, Civil Code Section 798, et seq. and Government Code Sections 65863.7 and 66427.4, limit the grounds on which manufactured/mobile home owners may be evicted from a manufactured/mobile home park, protect a manufactured/mobile home owner's right to sell their manufactured/mobile homes in place in a manufactured/mobile home park and authorize local jurisdictions to impose reasonable measures to mitigate the adverse impacts on displaced manufactured/mobile home owners when a manufactured/mobile home park closes or converts to another use. Pursuant to these State laws, this Section provides a procedure and standards for reviewing applications for change of use and closure of manufactured/mobile home parks, determining reasonable mitigation measures, and protecting residents from tactics including but not limited to intimidation, designed to pressure manufactured/mobile home owners to relocate without receiving assistance pursuant to this Section.

Definitions. Refer to PMC Chapter 17.16 (Definitions).

Application and Conversion Impact Report – Data on Manufactured/Mobile Home Owners and Park Residents – Duty to File.

Prior to a change of use of a manufactured/mobile home park, an application therefor and a conversion impact report ("CIR") complying with the requirements of this Section must be filed with the Director. No application shall be deemed complete or processed for consideration and approval until an application and CIR meeting all the requirements of this Section have been filed. No oral or written announcement or notice that a manufactured/mobile home park is closing or changing the use of a manufactured/mobile home park, or will be applying to do so, may be made before an application for change of use has been filed pursuant to this Section. The City Council, by resolution, may impose a fee for review of the application and CIR.

The CIR shall contain the following information:

A description of any proposed new use;

A timetable for conversion of the park;

A legal description of the park;

The number of spaces in the park, length of occupancy by the current occupant of each space, and current rental rate for each space;

The date of manufacture and size of each manufactured/mobile home by space;

Appraisals of the on-site value, depreciated replacement value and removal value of the manufactured/mobile home of each eligible resident in the park;

A qualified appraiser shall be selected by the City and the cost of the appraisals shall be borne by the applicant. The appraisals shall identify those manufactured/mobile homes which cannot be moved due to type, age, or other considerations;

The total number of manufactured/mobile home residents, broken down space by space to identify the owner or renter occupancy, principal or second home occupancy, residents under 16 years of age, residents 60 years of age or over, residents who require accessibility per the Americans with Disabilities Act, any remaining mortgage and its terms, the purchase date and price paid by the manufactured/mobile home owner, the cost incurred by the manufactured/mobile home owner in improving the home and the amount and terms of any remaining mortgage. This information shall be provided on a questionnaire developed by the Director and sent to the residents by the Director who shall use the information in evaluating the application and any appropriate relocation assistance; provided, however, that the questionnaires shall remain confidential and that, to the extent possible, the Director shall maintain the confidentiality of the personal financial information contained in the questionnaire;

The name and mailing address of each eligible resident, manufactured/mobile home tenant, manufactured/mobile home resident, resident manufactured/mobile home owner and legal owner of a manufactured/mobile home in the park;

The purchase price of condominiums, similar in size to the manufactured/mobile homes within a reasonable distance, and the rental rates and moving costs involved in moving to an apartment or other rental unit within a reasonable distance, including but not limited to fees charged by moving companies and any requirement for payment of the first and last month's rent and security deposits;

A list of comparable manufactured/mobile home parks within a 50-mile radius of the applicant's manufactured/mobile home park. For each comparable park, the list shall state the criteria of that park for accepting relocated manufactured/mobile homes, rental rates and the name, address, and telephone number of the park representative having authority to accept relocated homes, including any written commitments from manufactured/mobile home park owners willing to accept displaced manufactured/mobile homes;

Estimates from two moving companies as to the minimum and per mile cost of moving each manufactured/mobile home, including tear-down and setup of manufactured/mobile homes and moving of improvements including but not limited to porches, carports, patios, and other moveable amenities installed by the residents. Said moving companies shall be approved by the Director prior to inclusion in the final CIR;

(l)

Proposed measures to mitigate the adverse impacts of the conversion upon the manufactured/mobile home park residents; and

(m)

Identification of a relocation specialist to assist residents in finding relocation spaces and alternate housing. The specialist shall be selected by the applicant, subject to approval by the City, and shall be paid for by the applicant.

Notice to Existing and Prospective Occupants Regarding Pending Change in Status of Park – Relocation Assistance. When an application for change of use of a manufactured/mobile home park has been filed with the Director, the applicant shall give notice to all existing tenants of the subject park, and all prospective manufactured/mobile home purchasers and prospective manufactured/mobile home tenants within the park, prior to commencement of escrow to purchase the home and execution of any rental agreement, that the application for change of use has been filed and that they may not be entitled to relocation assistance pursuant to this Section. The applicant shall obtain a signed acknowledgment of receipt of such notice from each tenant and prospective purchaser or tenant and file it with the Director. Provided all requirements of Civil Code Section 798.80 or successor statute have been complied with, tenants of the manufactured/mobile home park shall have the right of first refusal to purchase the manufactured/mobile home park prior to its sale to some other individual or entity.

Application for Change of Use – Public Hearing – Findings.

Application.

Upon the filing of an application for change of use and CIR, or for exemption from the requirements of Government Code Section 65863.7, the Director shall examine the same and advise the applicant in writing within 30 days after receipt thereof whether it is complete. The application for a change of use and CIR shall be accepted for filing without the appraisals and confidential tenant information required by Subsection (C)(2)(f) of this Section, but the application shall not be deemed complete until that information has been supplied by the applicant. If the applicant fails to provide the information required by Subsection (C)(2)(f) of this Section within 120 days of filing the application, the application shall be deemed withdrawn.

An application for exemption from the requirements of Government Code Section 65863.7 shall specify whether it is for a partial or complete exemption and shall provide documentary evidence of the qualification for any exemption allowed by Government Code Section 65863.7. The application shall contain the information required in Subsection (C)(2) of this Section except that it need not provide the information required by Subsections (C)(2)(f), (i) and (l) of this Section. Further, while the applicant must identify a qualified relocation specialist, the requirement that the services of the specialist be paid for by the applicant may be waived.

Not less than 30 days prior to the scheduled public hearing before the Planning Commission, the applicant shall, by certified mail or personal delivery, transmit to the registered and legal owner of each manufactured/mobile home occupying a space within the manufactured/mobile home park and to each resident a copy of the CIR and notice of the date, time, and place of the public hearing on the application.

Not less than 15 days prior to the scheduled public hearing before the Planning Commission on the CIR, the applicant shall file with the Director a verification that they have complied with the requirements of this Section pertaining to notices and transmittal of copies of the CIR and with all notice requirements in Government Code Section 65863.7, et seq. The form and manner of such verification shall be subject to approval by the City Attorney.

Planning Commission Hearing, Findings, and Advisory Decision.

Upon review of an application for change of use or exemption and the CIR and consideration of the written and oral evidence received at the hearing, the Commission shall render its findings and recommendation to the City Council by resolution within 95 days of the date the application and CIR were accepted as complete. In rendering its advisory decision, the Commission may recommend reasonable measures not exceeding the reasonable costs of relocation to mitigate the adverse impacts on eligible residents displaced by the change of use, which may include, but are not limited to, the following:

Payment of the cost of physically moving the manufactured/mobile home to a new site, including tear-down and setup of manufactured/mobile homes, including, but not limited to, movable improvements including but not limited to patios, carports, and porches;

Payment of a lump sum based on consideration of the first and last month's rent and any security deposit at the new manufactured/mobile home park;

Payment of a lump sum based on consideration of any differential between rental rates at the closing manufactured/mobile home park and the new manufactured/mobile home park during the first year of the new tenancy;

For residents whose manufactured/mobile home cannot be relocated to a comparable park within a 50-mile radius of the closing manufactured/mobile home park, payment of a lump sum based upon consideration of the value of the manufactured/mobile home, including resident improvements (i.e., landscaping, porches, carports, etc.), any mortgage obligations of the resident on the manufactured/mobile home, and the costs of purchasing a manufactured/mobile home on site in a comparable park or acquiring other comparable replacement housing;

Provision of a replacement space within a reasonable distance of the closing manufactured/mobile home park;

Notwithstanding any other provision in this Section, the total of the mitigation measures required shall be subject to and shall not exceed the limitation in Government Code Section 65863.7 which provides: "the steps taken to mitigate shall not exceed the reasonable costs of relocation"; and

Notwithstanding any other provision of this Section, if the manufactured/mobile home park closure or cessation in use is the result of an adjudication of bankruptcy, the applicant shall not be required to pay relocation assistance as specified within Government Code Section 65863.7(e).

City Council Hearing, Findings and Decision.

The application for change of use and any application for exemption shall be set for hearing before the City Council within 45 days of the date of the Planning Commission resolution recommending the mitigation measures to be imposed on the change of use of a park or exemption, pursuant to Government Code Section 65863.7, from the provision of relocation assistance.

The City Council, after review and consideration of the application, the CIR and the written and oral evidence received at the hearing, shall by resolution render its findings and decision within 80 days of the date of the Planning Commission resolution.

The City Council may impose reasonable measures not exceeding the reasonable costs of relocation to mitigate the adverse impacts of the change of use on eligible manufactured/mobile home residents pursuant to Subsection (F)(1) of this Section. The decision of the City Council shall be final. Pursuant to Code of Civil Procedure Section 1094.6, the statute of limitations for bringing a judicial challenge to any decision concerning a change of use of a manufactured/mobile home park shall be 90 days and notice of the City's decision to the applicant and affected residents shall include notice that the 90-day statute of limitations in Code of Civil Procedure Section 1094.6 is applicable.

Measures to Prevent Avoidance of Relocation Assistance Obligations.

No notice or other announcement that a park is closing, or converting to another use, or may close or convert to another use, may be made before the applicant has filed an application for change of use with the City. No signs may be posted on or adjacent to the park property indicating that the park is closed or converted to another use until the application and CIR has been approved and the applicant has executed and filed with the Director a written acceptance of the mitigation requirements imposed on the change of use pursuant to this Section.

Any eligible resident who relocates after an application for a change of use is filed shall be entitled to the relocation assistance imposed as a condition of the change of use even if that resident relocates before the final decision of the City Council determining the required relocation assistance pursuant to this Section.

Each applicant shall send a copy of this Section to each existing and new resident of the park by certified mail. Signed acknowledgment of receipt of such copy by each existing resident shall be filed with the Director within 30 days of the effective date of the ordinance codified in this Title. A signed acknowledgment of such copy by each new resident shall be filed with the Director within 15 days of the date the new resident enters into a rental agreement with a park or lawfully occupies a manufactured/mobile home in the park.

No prospective manufactured/mobile home resident who enters escrow to purchase a manufactured/mobile home in a park prior to the date an application for change of use is filed and no existing manufactured/mobile home resident may be required to sign a waiver, or a lease or rental agreement which includes a waiver, of their rights pursuant to this Section. Any waiver of rights pursuant to this Section by such a manufactured/mobile home resident shall be deemed invalid unless the resident or prospective resident and the applicant obtain the prior approval of the waiver from the Director, who may grant such approval only upon a finding that the waiver is voluntary and was made after being fully informed of the terms of this Section.

Compliance with Relocation Assistance Required as a Condition of Approval of a Change of Use.

The applicant shall execute and record a certificate, and file proof thereof with the Director, accepting the mitigation measures imposed on the approval of a change of use within 90 days of the final resolution approving the change of use and shall give the six months' notice of the "Termination of Tenancy" and closure of the park required by the Civil Code within 120 days of the adoption of that resolution. A resolution approving a change of use shall automatically become null and void if the certificate accepting the conditions is not filed and executed within 90 days of the date of the final resolution approving the change of use and the notice of "Termination of Tenancy" has not been given within 120 days of that resolution. All mitigation measures imposed on the approval of a change of use shall be fully performed as to each resident prior to that resident's required vacation of the manufactured/mobile home park, unless otherwise provided in the mitigation measure. No eligible resident shall be required to vacate a manufactured/mobile home space unless the applicant is in full compliance with all mitigation measures imposed pertaining to such resident and has otherwise fulfilled the notice requirements of the California Mobile Home Residency Law relating to "Termination of Tenancy."

No building permit shall be issued for the development of any real property which has been, or is being, converted from a manufactured/mobile home park pursuant to this Section unless and until the City has adopted a resolution approving the change of use and the applicant has fully complied with the relocation assistance required by that resolution.

Modification and Revocation of Approved Change of Use.

Modification.

After a change of use has been approved and after the applicant has executed and recorded a certificate of acceptance of the conditions of the resolution approving it, modification of the mitigation measures imposed, including additions and deletions, may be considered upon the filing of a written application by the applicant. Modification may be granted on the grounds that there has been a change in circumstances or new information, which could not reasonably have been known or considered at the time of the hearings on the application, has become available. Examples of such new information or changed circumstances include, but are not limited to, revised plans by the applicant and a change in the availability of relocation spaces. A modification shall not be granted when it would unreasonably prejudice the ability of the residents to relocate to comparable spaces or comparable alternate housing.

Any application for modification shall be subject to the notice and hearing procedures set forth in Subsections (E) and (F) of this Section. The decision in connection with a modification request shall take place as with the initial approval.

Revocation.

The City Council may by resolution initiate revocation proceedings on the grounds that the applicant has violated the provisions of this Section or the terms of the resolution approving the change of use. The resolution shall specify the grounds asserted for revocation of the approval of the change of use by the park and shall set a hearing before the City Council to consider the revocation not sooner than 45 and not later than 60 days after the date of the resolution.

A copy of the resolution shall be sent to the applicant by certified mail or personal delivery together with notice that any response by the park must be filed at least 20 days prior to the date set for the revocation hearing.

The City Council shall render its findings and decision concerning revocation by resolution within 90 days after initiating revocation proceedings.

Expiration and Extension of Approval.

Approval of a change of use shall become null and void if the notice of "Termination of Tenancy" has not been given within the time provided in Subsection (H)(1) of this Section and relocation pursuant to the conditions of approval has not occurred within 12 months of the effective date of the resolution approving the change of use, unless otherwise extended as provided in Subsection (J)(2) of this Section or unless otherwise provided in the resolution approving it.

Upon application by the applicant filed with the Director on or before the time provided for giving the notice of termination or the expiration of the approval of the change of use, the date for giving notice and the approval may be extended by the City Council upon a showing of good cause. The request may be denied if the Council finds that the applicant has unreasonably delayed implementation of the mitigation measures or that further delay will result in prejudice or further adverse impacts upon eligible residents remaining in the park. Approval of an extension may be conditioned on reasonable measures designed to mitigate the adverse impacts resulting from the delay. The application for extension shall be subject to the notice and hearing procedures set forth in Subsections (E) and (F) of this Section.

Enforcement.

The City Council may bring a civil action to enforce the terms of this Section or the terms of a resolution approving a change of use.

A violation of this Section or of the terms of a resolution approving a change of use shall be a misdemeanor punishable by a fine of $1,000. Each violation of this Section shall be a separate violation, each violation of each term of such resolution as to a particular eligible resident shall be a separate violation and each continued day of violation after notice of violation has been given shall constitute a separate violation.

Conflicts. In the event the provisions of this Section conflict with any code, ordinance, or standard of the City, the provisions of this Section shall govern. In the event any provisions of this Section conflict with a provision of State law, this Title shall be interpreted and applied in conformity with State law.

Severability. If any part or provision of this Section or the application of such to any person or circumstance is held invalid, the remainder of the Section, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end the provisions of this Section are severable.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.91.070 Residential care facilities, large.

Purpose and Intent. It is the purpose of this Section to establish specific standards for large residential care facilities as defined within PMC Chapter 17.16 (Definitions). The intent is to ensure that adequate services and facilities are available to meet the special housing needs of individuals with a disability or illness who require assistance with day-to-day living.

Development Standards. All large residential care facilities shall conform to the following standards:

Property Standards. The parcel upon which the facility is to be established shall conform to all standards of the underlying land use and zone;

Occupancy Limitations. Resident occupancy shall be limited to persons who require some form of personal assistance with day-to-day living due to a disability or illness and their spouses, and caregivers who live on site.

Density. Large residential care facilities which do not include individual kitchen facilities shall not be subject to density requirements. If the facility does include individual kitchen facilities and the units are considered "dwelling units" as defined in PMC § 17.16.040, the facility shall be subject to the density requirements as specified by the General Plan.

Common Facilities. Large residential care facilities shall provide the following common areas which shall be centrally located and accessible to all residents:

Kitchen(s);

Dining room(s);

Laundry facilities;

Restrooms; and

Lounges that provide television and areas for socializing and sitting.

Recreation and entertainment areas shall also be provided at the following standards provided in Table 17.91.070-1 (Recreation and Entertainment Areas Standards). Examples of recreation and entertainment areas that can be provided to meet the minimum area standards include, but are not limited to:

Activity areas;

Workshops;

Outdoor patios; and

Walking paths.

Table 17.91.070-1. Recreation and Entertainment Areas Standards
Standard	1 – 100 Units	101+ Units
Minimum	1,200 sf or 25 sf/unit*	1,600 sf or 10 sf/unit*

Notes:
*Whichever is greater.

Parking. Off-street parking shall be provided pursuant to PMC Chapter 17.87 (Off-Street Parking and Loading) and the following:

All required off-street parking shall be located a maximum of 150 feet from at least one entrance to the facility;

If a shuttle stop is located on the property, shaded waiting areas and adequate and suitably striped paved areas for shuttle parking shall be provided adjacent to the shuttle stops; and

Large residential care facility parking requirements may be adjusted on an individual project basis, subject to a parking study based on the type of assistance provided, and the location and proximity to services including but not limited to medical offices, shopping areas, mass transit, etc.

Driveways. Driveway approaches shall be delineated with interlocking pavers, rough textured concrete, landscaped medians, or similar features. Stamped concrete shall be prohibited.

Other Standards.

Accessibility. In addition to the Americans with Disabilities Act (ADA) standards for the resident bedrooms listed above, the site shall be provided with access as required by the ADA. Handrails shall be provided along both sides of corridors accessible to residents.

Elevator Access. All large residential care facilities that are two stories or greater shall provide an elevator(s). The elevator(s) must be accessible to all rooms above the first floor and large enough to accommodate a gurney.

Security and Lighting. Landscaping, screening, and other aspects of the development shall conform with the applicable standards of Division 8 (General Development Standards) of this Title.

Trash Areas. Trash areas not located within a building shall be paved and located a minimum of five feet from a private street or drive aisle. Such areas shall be consistent with the standards contained in PMC § 17.85.020 (Refuse and recycling). A minimum of one trash area shall be provided for each building. Trash areas must be designed to accommodate trash, recycling, and organics collections.

Other Requirements. Large residential care facilities shall conform with all local, State, and Federal requirements.

Review Process. Uses subject to this Section shall be subject to the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.91.080 Sober living home.

Purpose and Intent. It is the purpose of this Section to establish specific standards for sober living homes. The intent is to ensure that there are adequate provisions for sober living homes while also protecting surrounding residents from adverse effects from such uses.

Development and Use Standards.

Use Restrictions. A "sober living home" shall mean the use of a residential dwelling structure or unit for a cooperative living arrangement to provide an alcohol- and drug-free environment for persons recovering from alcoholism or alcohol and/or drug abuse who seek a living environment in which to remain clean and sober. A sober living home shall demonstrate each of the following identifying characteristics that serve to distinguish the sober living home from similar land uses, including but not limited to drug treatment facilities or community care facilities that are subject to State licensing requirements and from all other uses of residential property as follows:

No more than six persons, including live-in managers, operators, or owners, must reside on the premises;

All residents, including live-in managers, operators, or owners, must be recovering from alcohol and/or drug abuse;

There must be a written policy dealing with the use of drugs or alcohol;

Owners, operators, managers, and residents must not provide any of the following services on site as they are defined by Section 10501.a.6 of Title 9, California Code of Regulations:

Detoxification;

Educational counseling;

Individual or group counseling sessions; or

Treatment or recovery planning;

Residents must not require nonmedical care and/or supervision as those terms are defined in Health and Safety Code Section 1503.5 and Section 80001.c.3 of Title 22 of the California Code of Regulations;

The operators and/or residents must maintain current membership in a recognized nonprofit organization of sober living homes that provide a credible quality assurance service for applicants or members or have received a sober living home certification from the State of California Department of Alcohol and Drug Programs; and

Owners, managers, operators, and residents must ensure that the property and its use comply with all applicable State and local laws.

Property Standards. The parcel upon which the sober living home is located shall conform to all standards of the underlying land use designation and zone.

Review Process. Uses subject to this Section shall be subject to the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.010 Adult-oriented businesses.

Purpose and Intent. The purpose of this Section is to regulate adult-oriented businesses in order to protect the health, safety, and welfare of the community from the harmful secondary effects brought about by the unregulated operation of adult-oriented businesses. These secondary effects include but are not limited to depreciation of property values; increased vacancy rates in residential and commercial areas; increased criminal activity; increased litter, noise, and vandalism; and interference with the enjoyment of residential property in the vicinity of such businesses. The provisions of this Section have neither the purpose nor intended effect of:

Imposing a limitation or restriction on the content of any communicative material;

Denying access by adults to adult-oriented materials protected by the First Amendment to the U.S. or State Constitution; or

Denying access by distributors or exhibitors of adult-oriented materials or entertainment to their intended market.

Definitions. For the purposes of this Section, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

Adult-Oriented Businesses. "Adult-oriented businesses" means any of the following:

Adult Arcade. The term "adult arcade," as used in this Section, is an establishment where, for any form of consideration, on still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer-generated images, motion pictures, video cassettes, slides, DVD, CD-ROM, or other visual or audio representations or any material in digital format, or other photographic reproductions and 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult Bookstore, Adult Novelty Store, Adult Video Store. The term "adult bookstore," "adult novelty store," or "adult video store," as used in this Section, is an establishment that has 20 percent or more of its stock in books, magazines, periodicals or other printed matter, adult-oriented merchandise or of photographs, films, motion pictures, video cassettes, slides, tapes, records, DVD, CD-ROM, or other visual or audio representations or any material in digital format, distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas. An adult bookstore, adult novelty store, or adult video store shall not include mail order businesses or wholesale businesses with no patrons on the premises.

Adult Cabaret. The term "adult cabaret" as used in this Section, means a nightclub, restaurant, or similar business establishment which: (i) features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (ii) features persons who appear seminude; and/or (iii) shows films, computer-generated images, motion pictures, video cassettes, slides, DVD, CD-ROM, or other visual or audio representations or any material in digital format, or other photographic reproductions and 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult Hotel/Motel. The term "adult hotel/motel," as used in this Section, means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which (i) provides patrons with closed-circuit television transmissions, films, computer-generated images, motion pictures, video cassettes, slides, DVD, CD-ROM, or other visual or audio representations or any material in digital format, or other photographic reproductions and 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (ii) rents, leases, or lets any room for less than a 10-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.

Adult Motion Picture Theater.

The term "adult motion picture theater" means any business, other than a hotel or motel which regularly provides closed-circuit viewing to each individual room as a secondary service to its hotel or motel customers, with the capacity for five or more persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions in which the predominant character and theme is distinguished or characterized by its emphasis on matters depicting or relating to "specified sexual activities," "specified anatomical areas" or men and/or women in a "state of nudity" or "state of partial nudity" as defined in this Section, are regularly shown. This includes, without limitation, showing any such slides, motion pictures or videos by means of any video tape system which has a display, viewer, screen, or a television set. For purposes of this Chapter, motion pictures receiving up to an "NC17" rating from a generally recognized movie rating organization shall not be deemed to be included in the definition of an adult motion picture theater.

"Adult live entertainment theater"

means any place, building, enclosure, or structure, partially or entirely used for "live adult entertainment," as defined in this Section, performances or presentations characterized by an emphasis on depicting, exposing, displaying, or describing or relating to "specified sexual activities," "specified anatomical areas" or men and/or women in a "state of nudity" or "state of partial nudity" for observation by patrons or customers therein. "Live adult entertainment" means any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling, or pantomiming, in which the performer(s) expose to public view without opaque covering "specified anatomical areas" or appear in a "state of nudity" or a "state of partial nudity" for any form of consideration.

Modeling Studio.

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

Adult-Oriented Merchandise. The term "adult-oriented merchandise" as used in this Section means sexually oriented implements or paraphernalia, including but not limited to dildos; auto sucks; adult-oriented vibrators; edible underwear; benwa balls; inflatable orifices; anatomical balloons with orifices; simulated vaginas, and similar adult-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.

Distinguished or Characterized by an Emphasis Upon. As used in this Section, the term "distinguished or characterized by an emphasis upon" shall mean and refer to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas.

Establishment of an Adult-Oriented Business. As used in this Section, to "establish" an adult-oriented business shall mean and include any of the following:

The opening or commencement of any adult-oriented business as a new business;

The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business defined herein;

The addition of any of the adult-oriented businesses defined herein to any other existing adult-oriented business; or

The relocation of any such adult-oriented business.

Park. As used in this Section, the term "park" means a park, trail, recreation center, sports complex, golf course, or athletic field within the City which is under the control, operation or management of the City or other public agency.

Religious Institution. The term "religious institution" as used in this Section, is a structure which is used primarily for religious worship and related religious activities.

School. The term "school," as used in this Section, is any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

Seminude. As used in this Section, the term "seminude" means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

Specified Anatomical Areas. As used in this Section, "specified anatomical areas" shall mean and include any of the following:

Less than completely and opaquely covered human:

Genitals or pubic region;

Buttocks; and

Female breast below a point immediately above the top of the areola;

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

Any device, costume, or covering that simulates any of the body parts included in Subsection (B)(9)(a) or (b) of this Section.

Specified Sexual Activities. As used in this Section, "specified sexual activities" shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:

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

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

Masturbation, actual or simulated; or

Excretory functions as part of or in connection with any of the other activities described in Subsections (B)(10)(a) through (c) of this Section.

Substantially Enlarged. The term "substantially enlarged" as used in this Section means the increase in floor area occupied by an adult-oriented business by more than 10 percent of its floor area as it existed at the time an adult-oriented regulatory permit was issued for the business.

Development Standards.

Location Standards.

An adult-oriented business shall not be established or located in any zone or location except as allowed in the permissions table of the underlying zone and shall not violate any of the following separation standards:

The adult-oriented business is not proposed within 1,000 feet of any other adult-oriented business;

The adult-oriented business is not proposed within 1,000 feet of any residential use or zone whether in the City, in an adjoining city or unincorporated area; and

The adult-oriented business is not proposed within 1,000 feet of any park, religious institution, or site used for assembly by a religious organization, school, or primary alcohol use.

The distances set forth above shall be measured as a straight line from the edge of the building of the adult-oriented business to the property line so used without regard to intervening structures.

Review Process. Uses subject to this Section shall be subject to conditional use permit approval pursuant to PMC Chapter 17.22 (Conditional Use Permits) and the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title.

Required Findings for Approval. Notwithstanding the provisions of PMC § 17.22.060 (Required findings for approval), the Review Authority shall approve a conditional use permit for an adult-oriented business if the Review Authority is able to make affirmative findings based on the following criteria:

The proposed use is in compliance with this Section and PMC Chapter 5.04 (Business Regulation), to the extent such standards are not in conflict with the provisions of this Section.

Existing Adult-Oriented Businesses.

Any adult-oriented business lawfully operating on the effective date of the ordinance codified in this Section in violation hereof shall be deemed a nonconforming use.

Any adult-oriented business lawfully operating on the effective date of the ordinance codified in this Section which becomes nonconforming due to the criteria specified within this Title and/or PMC § 5.04.400(I) shall adhere to the provisions of PMC Chapter 17.28 (Nonconforming Uses, Structures and Parcels).

An adult-oriented business lawfully operating as a conforming use shall not be rendered a nonconforming use by the subsequent location of:

A residential use or zone within 1,000 feet of the adult-oriented business; or

A park, religious institution, school, or primary alcohol use, within 1,000 feet of the adult-oriented business. This exemption shall only apply if the adult-oriented business is continuous, which means that interruptions in business operations shall not exceed six months.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.020 Alcoholic beverage establishments.

Purpose and Intent. It is the purpose of this Section to establish specific standards for alcoholic beverage establishments where alcoholic beverages are sold for on- or off-site consumption to ensure that such businesses are appropriately located and operated so as not to pose a significant threat to the public health, safety, peace, and welfare.

"Alcoholic beverage establishment"

Definitions.

shall mean an off-sale alcoholic beverage establishment or an on-sale alcoholic beverage establishment. Does not include grocery stores with incidental sales of alcohol for off-sale consumption.

"Alcoholic beverage establishment, existing nonconditional use permit"

shall mean an alcoholic beverage establishment that was lawfully operating without a conditional use permit on August 10, 2005.

"Alcoholic beverage establishment, off-sale"

shall mean an establishment that sells, serves, or gives away alcoholic beverages for consumption off the premises. Without limitation, this definition includes a liquor store and a convenience market that sells alcoholic beverages.

"Alcoholic beverage establishment, on-sale"

shall mean an establishment that sells, serves, or gives away alcoholic beverages for consumption on the premises. Without limitation, this definition includes an eating establishment or bona fide restaurant that sells alcoholic beverages, brewpubs/taprooms/wine bars/micro-distilleries, and breweries/distilleries/wineries (with tasting room). For purposes of this Chapter, if any sale of alcoholic beverages for consumption on the premises is involved, the following uses shall also be considered an on-sale alcoholic beverage establishment: adult cabaret; bar, night club or lounge; billiards and pool hall; and a bowling alley.

Alcohol Sales, Off-Sale.

See PMC Chapter 17.16 (Definitions).

Bar/Nightclub/Lounge.

See PMC Chapter 17.16 (Definitions).

Bona Fide Restaurant.

See PMC Chapter 17.16 (Definitions).

"Break in service"

shall mean the closure of an alcoholic beverage establishment for a period of 180 consecutive days.

"High crime area"

shall mean a crime-reporting district that has more than 120 percent of the average crimes reported.

"Responsible beverage service training"

shall mean a certified training program in responsible methods and skill for selling and serving alcoholic beverages. Such program shall incorporate the Responsible Beverage Service (RBS) Best Practices of the California Department of Alcoholic Beverage Control.

"Specific demand not currently served"

shall mean an alcoholic beverage establishment where more than 50 percent of the alcoholic beverage products sold or served are not available within one-quarter mile of the location.

"Substantial change in mode or character of operation"

shall mean without limitation that an alcoholic beverage establishment has done any of the following:

Increased its floor area by 25 percent or more;

Increased the floor area principally devoted to alcoholic beverage sales by 25 percent or more;

Converted from a bona fide restaurant to a bar or night club, or any other primary on-sale alcoholic beverage establishment;

A change of its Alcoholic Beverage Control (ABC) License from a Type 20 to a Type 21 or a Type 41 to a Type 47 or Type 48;

Had its ABC License suspended for a period greater than 30 days;

Had a break in service; or

Transferred its alcoholic beverage operations from one premises to another.

Review Process. Uses subject to this Section shall be subject to the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title.

Submittal Requirements.

The applicant shall provide the following information as part of the application for an alcoholic beverage establishment:

A vicinity map indicating the location of the proposed establishment and the distance separation from those uses specified in the location standards of this Section.

Where deemed necessary by the Department to complete the City's review and evaluation of the proposed use, additional information may be required regarding ongoing use of the site, including but not limited to hours of operation, number of employees, provisions for on- or off-site security, and other similar information.

Prior to approving or conditionally approving an alcoholic beverage establishment, in addition to the findings required for the approval type required pursuant to the permissions tables in Divisions 3 through 7 of this Title, the Review Authority shall find that the proposed use is consistent with the purpose of this Section. In making a decision, the Review Authority may consider the following:

Whether the Los Angeles County Sheriff's Department determines the proposed establishment would be located in a high crime area;

Information in the surrounding area; and

The operational characteristics of the proposed establishment.

Location Standards.

Alcoholic beverage establishments within the RC, VC, MU, and PF-C zones are not subject to the location standards identified below.

Bona fide restaurants and grocery stores are not subject to the location standards below.

Alcoholic Beverage Establishments.

New alcoholic beverage establishments, except for bona fide restaurants (see Subsection (D)(2) of this Section) shall be separated from existing sensitive and similar uses based on the location standards specified in Table 17.92.020-1 (Location Standards of New Alcoholic Beverage Establishments):

Table 17.92.020-1. Location Standards of New Alcoholic Beverage Establishments
Existing Uses	New On-Sale, Distance from existing use (ft)	New Off-Sale, Distance from existing use (ft)
*Public or Private TK-12 School, Learning/Tutoring Center or Commercial Day Care	500	1,000
Public Parks, Recreation Centers, or Public Libraries	500	500
**Residential Uses	500	500
Existing Bona Fide Restaurants	0	0
Existing Off-Sale Alcoholic Beverage Establishment	0	1,000
Existing On-Sale Alcoholic Beverage Establishment	0	500
Adult-Oriented Business	1,000	1,000

Notes:
* Includes existing school facilities and undeveloped school sites as identified by the applicable school district.
** Includes existing residential uses and areas designated for future residential land uses as specified on the official General Plan land use map.

For purposes of this Section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or suite wall where an alcoholic beverage establishment is proposed to be conducted, to the nearest portion of a building or suite wall of an existing use or the nearest property line if there is no structure. For school and residential uses, the distance shall be measured from the nearest portion of the building or suite wall where the primary alcoholic beverage establishment is proposed to the nearest property line of an existing or future school or residential use site.

Any alcoholic beverage establishment may apply for modification of the location standards specified in this Section. A request for modification of the location standards shall be submitted in conjunction with the appropriate application for the proposed establishment and shall be reviewed concurrently by the Review Authority. The Review Authority shall approve or deny the request and shall make at least two of the following additional findings:

It will serve a specific demand not currently served within one-quarter mile of the project location;

It will not adversely affect nearby property; or

It will not promote community blight.

Development and Operation Standards.

All Alcoholic Beverage Establishments.

All new alcoholic beverage sales activities shall be designed, constructed, and operated to conform to all of the following operational standards:

The activity shall not endanger the public health or safety or create adverse effect to the health, peace, or safety of persons residing or working in the surrounding area;

The activity shall not result in repeated nuisance activities within the premises or in close proximity of the premises especially in the late night or early morning hours, including, but not limited to, a disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, incidents of battery, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessively loud noises, traffic violations, curfew violations, lewd conduct, or police detentions and arrests; and

The activity shall comply with all provisions of local, State, or Federal laws, regulations, or orders, including but not limited to those of the ABC, California Business and Professions Code Sections 24200, 24200.6, and 25612.5, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations, or orders. This includes compliance with the requirements of the PMC for issuance of an annual City business license.

Off-Sale Alcohol Sales Establishment.

In addition to any conditions imposed by the Review Authority, off-sale alcohol sales establishments shall comply with the following development standards:

No beer or wine shall be displayed within five feet of the cash register or the front door unless such item is in a permanently affixed cooler;

No sale of alcoholic beverages shall be made from a walk-up or drive-in window;

No display or sale of alcoholic beverages shall be made from an ice tub. An "ice tub" shall be a vessel filled with ice that displays single servings of alcoholic beverages for customer self-service;

No beer or wine advertising shall be located on motor fuel islands and no self-illuminated beer or wine advertising shall be located on buildings or windows of establishments where motor vehicle fuels are sold or stored;

Alcoholic beverages and nonalcoholic beverages shall be stocked and displayed separately;

The establishment shall be a member of the "Business Watch Program";

Trash areas shall be able to accommodate trash, recycling, and organics collection services in compliance with PMC § 17.85.020 (Refuse and recycling) and State law;

The exterior of the establishment, including all signs, accessory buildings, and structures, shall be maintained free of litter and graffiti at all times. Graffiti shall be removed within 72 hours of written notice from the City;

The sales area shall be located so that the clerk and customer are fully visible from the street at the time of the sales transaction;

(x)

The cash register and sales area shall be illuminated in a manner that provides clear observation for law enforcement surveillance;

(xi)

Establishments shall be prohibited from selling single-serve containers;

(xii)

Alcoholic beverages shall not be consumed on the premises;

(xiii)

Loitering in the public right-of-way, parking area or in front of adjacent properties shall be prohibited;

Window signs shall comply with PMC Chapter 17.88 (Signs), and shall be located in a manner that provides a clear and unobstructed view of the cash register and sales area from the parking area and public right-of-way;

The establishment shall conspicuously post the following signs:

Interior and exterior signs stating that consumption of alcoholic beverages on the premises is prohibited by law;

Exterior signs stating Penal Code Section 602.1 and PMC Chapter 9.44 (Trespass on Private Property) shall be clearly visible from the parking area of the establishment and shall include the Los Angeles County Sheriff's Department phone number; and

An interior sign stating: "We ID everyone under 30 years of age for alcohol sales." The dimensions of such sign shall be at least eight inches by 11 inches. The sign shall be provided in both English and the predominant language of the clientele of the establishment;

Coin-operated games shall be prohibited;

(xvii)

Exterior lighting of the parking area and premises shall be provided at a level sufficient for recognition of the features of a person at any point on the property. Lighting shall conform to PMC § 17.86.030 (Outdoor lighting), and shall not produce glare or unnecessarily illuminate nearby residential properties;

(xviii)

A security camera system approved by the Neighborhood Services Department shall be installed on the premises, shall be maintained in proper working order at all times and shall be subject to periodic inspection by the City. The system shall be capable of producing a retrievable image on film or tape that can be made a permanent record and that can be enlarged through projection or other means. Video or digital recordings generated by the system shall be maintained for a minimum of 30 days;

(xix)

The establishment shall implement preventative architectural design features, as approved by the Neighborhood Services Department and the Review Authority, to maintain security of the premises. Such features shall control access to the facility, open sight lines, lighting levels, ambient noise levels and circulation patterns;

(xx)

Special security measures including but not limited to security guards, door monitors and burglar alarm systems may be required as a condition of approval. This shall be determined on a case-by-case basis upon review by the Director, the Neighborhood Services Department, and the Los Angeles County Sheriff's Department; and

(xxi)

The sale or distribution to the customer of paper or plastic cups in quantities less than their usual and customary packaging shall be prohibited.

On-Sale Alcoholic Beverage Establishments.

In addition to any conditions imposed by the Review Authority, on-sale alcoholic beverage establishments shall comply with the following development standards:

Litter shall be removed from the exterior of the establishment as required and no less frequently than once each day the establishment is open.

Alcoholic beverages shall not be sold for consumption off the premises, unless allowed by State law under the applicable ABC license.

Alcoholic beverages shall not be consumed in the parking area or other exterior areas. This prohibition shall not apply to City-approved outdoor dining areas that are adequately separated from direct public access or in conjunction with an approved temporary use permit.

Exterior lighting of the parking area and premises shall be provided at a level sufficient for recognition of the features of a person at any point on the property. Lighting shall conform to PMC § 17.86.030 (Outdoor lighting) and shall not produce glare or unnecessarily illuminate nearby residential properties.

The establishment shall be a member of the "Business Watch Program."

The establishment shall conspicuously post an interior sign stating: "We ID everyone under 30 years of age for alcohol sales." The dimensions of such sign shall be at least eight inches by 11 inches. The language of such sign shall be English, as well as the predominant language of the clientele of the establishment.

The establishment shall implement preventive architectural design features, as approved by the Neighborhood Services Department and the Review Authority, to maintain the security of the premises. Such features shall control access to the facility, open sight lines, lighting levels, ambient noise levels and circulation patterns.

Entertainment, as defined by PMC § 5.04.460 (Entertainment) shall not be conducted, except when approved pursuant to PMC § 5.04.400 (Adult-oriented businesses).

Training Requirement.

Each person who sells or serves alcoholic beverages in any of the following venues shall successfully complete responsible beverage service training. The program shall be completed within 60 days of assuming the position that involves sale or service of alcoholic beverages and shall be periodically completed again not less than once every three years. The training shall be required:

At a temporary use that requires a temporary alcoholic beverage sales permit;

In a new alcoholic beverage establishment; or

In an existing alcoholic beverage establishment that the City has determined has knowingly allowed nuisance activities on the premises.

Records of successful completion of responsible beverage service training shall be maintained on the premises of the temporary use or the alcoholic beverage establishment and shall be presented to City and Los Angeles County Sheriff's Department representatives upon request.

Alcoholic beverage establishments with 25 or more employees that maintain a corporate policy and training program for the sale of alcoholic beverages, which incorporates the Responsible Beverage Service Best Practices of the Department of Alcoholic Beverage Control, may provide a copy of the corporate policy in place of the training requirement for each employee rather than complete the responsible beverage service training as specified within Subsection (G)(1) of this Section.

Annual Administrative Program Fee. The owner of each alcoholic beverage establishment shall pay an annual administrative program fee to cover the cost of administering an outreach and education program, monitoring and enforcement activities. The amount of the fee shall be established by City Council resolution and may be adjusted as necessary to ensure that revenues collected do not exceed the costs incurred by the City.

Deemed Approved.

All alcoholic beverage establishments that are legally nonconforming uses as of September 2, 2015, shall automatically become deemed approved uses as of the effective date of the ordinance codified in this Title and shall no longer be considered legal nonconforming.

Each deemed approved use shall retain its deemed approved status as long as it complies with the following performance standards:

That it does not result in adverse effects on the health, peace or safety of persons residing or working in the surrounding area.

That it does not jeopardize or endanger the public health or safety of persons residing or working in the surrounding area.

That it does not result in repeated nuisance activities, as defined herein, within the premises or in close proximity to the premises.

That it complies with all provisions of local, State, or Federal laws, regulations, or orders, including, but not limited to, those of the ABC, California Business and Professions Code Sections 24200, 24200.6, and 25612.5, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations, or orders. This includes compliance with the requirements of this Title for an annual City business license.

That its upkeep and operating characteristics are compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

That the establishment is in compliance with the training requirements identified in Subsection (G) of this Section.

The occurrence of any of the following shall terminate the deemed approved status of the alcoholic beverage establishment and require the approval of the appropriate permit pursuant to the permissions tables in Divisions 3 through 7 of this Title in order to continue the alcoholic beverage establishment use:

There is a substantial change in mode or character of operation; or

There is a break in service.

The City shall notify the business owner of each deemed approved alcoholic beverage establishment of the use's deemed approved status. The notice shall be sent by U.S. First Class Mail and shall include a copy of the performance standards in this Section. The notice shall also provide that the activity is required to comply with all performance standards and that the activity is required to comply with all other aspects of the deemed approved standards. The failure of any person to receive notice given pursuant to this Section shall not affect the deemed approved status of the use.

The Review Authority may review and examine any deemed approved use to ensure that it is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity. If, after review, the Review Authority deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be scheduled.

After scheduling a date for a public hearing, the Director shall notify the applicant and owners of the deemed approved use in question. Such notice shall be sent by certified mail and shall state that the Review Authority will be reviewing the use for possible modification or revocation of its deemed approved status. It shall also state the date, time, and place of hearing. The public hearing shall be conducted, and notice given pursuant to PMC § 17.20.020 (Notification procedures).

The Director shall fully investigate the evidence and prepare a report for consideration by the Review Authority. Upon conclusion of the public hearing, the Review Authority shall render a decision to do one of the following measures:

Find that the use is being conducted in compliance with the terms and conditions of the deemed approved alcoholic beverage establishment and in an appropriate manner and that no action to modify or revoke the deemed approved status of the use is necessary;

Find that the use is not being conducted in compliance with the terms and conditions of the deemed approved alcoholic beverage establishment or in an appropriate manner and that measures are not available to mitigate the impacts of the deemed approved use; upon making this determination, the Review Authority may revoke the deemed approved status of the use and order the operation of the alcoholic beverage use to cease and desist in the time allotted by the Review Authority or obtain the necessary permit approvals pursuant to the permissions tables in Divisions 3 through 7 of this Title.

An appeal of the determination of the Review Authority may be made pursuant to PMC § 17.20.110 (Appeal procedures).

(Ord. 1603 § 4 (Exh. I), 2023; Ord. 1627 § 4 (Exh. A), 2023)

§ 17.92.030 Convenience markets.

Purpose and Intent. It is the purpose of this Section to establish specific standards for convenience markets. The intent is to provide for the convenience shopping needs of the surrounding neighborhood while preventing potential negative impacts relating to noise, traffic, visual appearance, health and safety, loitering, alcohol consumption, and blight on the property.

General Standards. In addition to compliance with all other applicable statutes, ordinances and standards, the following location and operation standards shall apply to convenience markets:

No video or arcade type games shall be installed or operated on the premises.

The site shall not have direct access to a neighborhood street as designated by the General Plan.

All signage shall comply with PMC Chapter 17.88 (Signs).

The premises shall be kept in a neat and orderly condition at all times.

Trash areas shall be able to accommodate trash, recycling, and organics collection services in compliance with PMC § 17.85.020 (Refuse and recycling) and with State law.

All public restrooms shall be accessible only from inside the market.

Any security lighting, site lighting, or illuminated signage shall be designed and/or directed so as not to adversely affect adjacent residential areas.

Convenience markets which sell alcoholic beverages shall comply with the standards of PMC § 17.92.020 (Alcoholic beverage establishments). In the event of a conflict between the provisions of this Division and other provisions of this Title, the more restrictive of the provisions shall apply.

The minimum site area shall be 10,000 square feet, unless the convenience market includes the sale of fuel, then the site standards within PMC § 17.92.070(B)(5) shall also apply.

Parking shall be provided pursuant to PMC Chapter 17.87 (Off-Street Parking and Loading).

The cashier area shall be equipped with a CCTV/security system with digital recording, playback capability, and single image retrieval to aid in criminal apprehension. The recorder should be housed in a secure room away from the cash register/counter area. The recording field shall include the cash register area, customer counter area, and areas where customers are entering/exiting the establishment. Camera(s) focused on the entry/exit should be mounted and angled to capture customer's faces. Camera(s) should be used in conjunction with public view monitor(s) to create public awareness that a video surveillance system is in place and to discourage criminal acts. Recordings shall be maintained for a minimum of 90 days.

The cashier area shall be equipped with a telephone.

The businesses shall be equipped with a central station silent robbery alarm. Employees shall be instructed not to use this alarm as a panic button for other store-related problems in lieu of calling for law enforcement response by telephone.

Alarm buttons or other activation devices shall be placed at the cash register site, in the administration office, and in any other locations deemed appropriate by management.

Any delivery and/or receiving door(s) shall be equipped with a peephole/vision panel and a delivery notification system.

A security height marker shall be installed on all public entrances/exits.

The premises, while open or closed for business after dark, shall be sufficiently lit by the use of interior night-lights.

(18)

Window signage shall be limited to no more than 25 percent coverage of window area, provided visibility into the building is maintained as specified within PMC § 17.88.070 (Exemptions to sign permit requirements).

The use of an ultraviolet light shall be required to verify all identification presented.

(20)

The establishment shall be required to register in the City Business Watch Program and receive merchant fraud training through the Public Safety Division.

Review Process. Uses subject to this Section shall be subject to the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.040 Conversion of residential structures to nonresidential uses.

Purpose and Intent. The purpose of this Section is to provide standards to ensure the orderly transition of areas from residential uses to nonresidential uses, including but not limited to office uses or certain retail uses.

Development Standards. The following standards shall apply to any residential structure converted to a nonresidential use:

If the access drive to the rear of the lot is less than 20 feet in width, a turnaround shall be provided, and clear sight shall be provided between the driveway and the rear of the lot;

An existing residential garage constructed to the minimum width and depth standards outlined within PMC Chapter 17.87 (Off-Street Parking and Loading) may be used and counted toward the required on-site parking;

All structures used for commercial or institutional purposes shall be brought into conformance with the applicable standards of the building code, Fire Department, Americans with Disabilities Act, Health Department, or any other applicable City, County, State, or Federal provision;

Setbacks for existing structures may be deemed to meet setback standards for the underlying zone; provided, that if the structures are legally nonconforming, no additional encroachments into setback areas shall be allowed;

The structure shall be connected to a public sewer system; and

Additional landscaping may be required to buffer the nonresidential use from adjacent residential uses at the discretion of the Review Authority.

All applicable lighting and trash requirements of PMC Chapter 17.85 (Utilities and Services) and PMC Chapter 17.86 (Landscaping, Lighting, Walls, and Fences) shall apply.

Special Sign Requirements. Because of the allowed mix of nonresidential uses within an existing residential neighborhood, the following special sign requirements shall apply for as long as residential uses exist within 300 feet of a nonresidential use:

No sign shall be internally illuminated;

No neon lighting shall be allowed;

Monument signs shall not exceed a height of four feet or an area of 32 square feet; and

No window signs shall be allowed other than those required by the City, State, or other agency.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.050 Drive-through restaurants and drive-through services.

Purpose and Intent. It is the purpose of this Section to establish specific standards for drive-throughs provided with other commercial uses, including but not limited to drive-through restaurants and financial institutions. The intent is to ensure that such developments do not have negative impacts on traffic, safety, air quality, and visual character of the surrounding area.

Vehicle Reservoir Areas.

In addition to the parking standards established in PMC Chapter 17.87 (Off-Street Parking and Loading), the following vehicle reservoir area requirements apply to drive-through restaurants and drive-through services:

Adequate reservoir capacity for vehicles to enter a facility safely and efficiently shall be provided for all drive-through development projects. Reduced requirements may be allowed when sufficient evidence is provided by a study prepared to the satisfaction of the Review Authority to demonstrate that such a reduction will not impair traffic safety on the site.

The vehicle reservoir area shall accommodate a minimum of five cars for each drive-up or drive-through window in addition to the space required for the vehicle receiving service. The Review Authority may require that the applicant prepare a study and may require additional queueing space pursuant to the study findings.

Each reservoir space shall be a minimum of 12 feet wide and 20 feet long. Reservoir areas shall not block aisles, driveways, or access to parking spaces.

Development Standards.

Site design should locate the drive-through aisle so that pedestrians do not need to cross the aisle in order to access the main building entrance from the parking lot or street. If a pedestrian walkway intersects a drive-through aisle, the walkway shall be highlighted with enhanced paving and lighting and shall be located for maximum visibility of pedestrians.

Drive-through aisles shall have a minimum 15-foot width on curves and a minimum 12-foot width on straight sections, with a minimum inside turning radius of 15 feet.

Drive-through aisles and structures shall be set back from the ultimate curb face of an adjacent public right-of-way a minimum of 20 feet, or as otherwise determined by the Review Authority.

Drive-through aisles shall be screened with a combination of decorative walls and landscape to a minimum height of 40 inches to prevent headlight glare and direct visibility of vehicles from adjacent streets and parking lots. Any wall shall comply with sight triangle requirements of PMC Chapter 17.82 (Setbacks and Location of Buildings) and shall not be located in a required setback.

Each drive-through entrance and exit shall be at least 100 feet from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least 25 feet from the nearest curb cut on an adjacent property.

Drive-through restaurants and drive-through services within an integrated shopping center shall have an architectural style consistent with the theme established in the center. The architecture of any drive-through shall provide compatibility with surrounding uses in form, materials, colors, scale, and other design elements.

Other than menu boards, signs for drive-through restaurants and services shall conform to PMC Chapter 17.88.

Drive-through restaurants shall include a minimum 11-foot-wide bypass lane, which allows vehicles already served or other vehicles to navigate around a drive-through lane. A bypass lane shall not include parking spaces. This requirement may be modified or waived at the discretion of the Review Authority where site constraints make a bypass lane infeasible.

No new drive-through restaurant use may be approved if located within 500 feet from an existing or proposed drive-through restaurant use as measured according to PMC § 17.17.020 (Measuring distances).

The location standard described in Subsection (C)(9) of this Section shall not apply if:

A minimum of 50 percent of the products sold at the proposed drive-through restaurant establishment are beverages or are not available at an existing drive-through restaurant establishment within 500 feet of the project location;

The drive-through queuing lane does not impact pedestrian access throughout the development, including but not limited to points of ingress and egress to the development and access to public rights-of-way;

The proposed drive-through restaurant establishment does not require more than 10 vehicle queuing spaces;

The proposed drive-through restaurant establishment is situated on a parcel of at least one acre and is approved concurrently with a larger development; and

The proposed drive-through restaurant establishment will not constitute the fourth drive-through restaurant establishment within a 500-foot radius.

Review Process. Uses subject to this Section shall be subject to the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title. In making the decision for approval of the proposed drive-through, the Review Authority shall consider possible air quality, traffic safety, and visual impacts, as well as consistency with this Section and other applicable provisions of this Title.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.060 Family day care center.

Purpose and Intent. The purpose of this Section is to ensure that family day care center facilities are designed and constructed to provide quality care for children within the community in a safe and nurturing setting, and located where the facility will not be adversely impacted by surrounding land uses.

Development Standards. The following standards apply to any family day care center facility which is established as a primary commercial use or as an accessory use within a religious institution or other social or community facility.

Location.

Table 17.92.060-1. Development Standards for Family Day Care Centers
Adjacent Use	Requirement	Notes
Gasoline pump, underground gasoline storage tank, or any other storage of explosive or hazardous materials	Min. 300 ft	*
Alcohol related use (primary or incidental)	Min. 500 ft	Uses defined by PMC § 17.92.020 (Alcoholic beverage establishments)
Adult-oriented business	Min. 1,000 ft	Defined by PMC Chapter 17.16 (Definitions)
Areas subject to community noise equivalent level (CNEL) of 65 or greater	Family day care centers are prohibited	See General Plan Map Figure 8.4 for details *
Industrial zones	Only allowed as an accessory use to serve employees on the site.	*

Notes:
* In approving a location for a family day care center facility, the City shall evaluate any adverse effects which may impact children from excessive traffic, air emissions, noise, adjacent land uses, or other environmental issues affecting the proposed site.

Drop-Off Areas. To provide for the safe pickup and delivery of children, drop-off areas:

Shall be provided pursuant to PMC Chapter 17.87 (Off-Street Parking and Loading);

Must be located near the facility entryway, in such a way that children will not have to cross the parking lot or any traffic areas to enter the building;

Must be located and designed so that there shall be no queueing of vehicles on the adjacent street or public right-of-way; and

Should be designed with a one-way circulation pattern, when feasible.

Play Spaces.

Table 17.92.060-2. Development Standards for Play Spaces
Type	Minimum Requirement per Child (sf)	Notes
Outdoor	75	Must be fenced.
Indoor	35

Restroom facilities shall be provided with a minimum of one toilet for every 15 children.

Signage, landscaping, lighting, screening, and trash enclosures shall be provided pursuant to Division 8 (General Development Standards) of this Title.

Review Process. Uses subject to this Section shall be subject to minor site plan review approval pursuant to PMC § 17.26.090 (Minor site plan review) where applicable and the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.070 Fueling station/vehicle and equipment services and repair.

Purpose and Intent. It is the purpose of this Section to establish specific standards for fueling stations/vehicle and equipment service and repair facilities. The intent is to prevent potential negative impacts relating to noise, traffic, visual appearance, health, and safety.

Development and Operation Standards. Uses subject to this Section shall comply with the following standards in addition to all other applicable requirements:

All activities, operations, sales, and storage shall be entirely within an enclosed structure, except the following:

The dispensing of petroleum products, other fuels, EV charging, water, and air;

The provisions of emergency service of minor nature;

The sale of items via vending machines; and

Repair may be allowed outside only when conducted within an area that is completely screened from public view.

The cashier location within a fueling station/vehicle and equipment services and repair facility shall provide direct visual access to the pump islands and the vehicle parking adjacent to the islands.

Opening of service bays shall not face public rights-of-way and shall be designed to minimize visual intrusion onto adjoining properties.

All parking, loading, circulation aisles, and pump island bay areas shall be constructed with plain cement concrete.

Site Standards.

Table 17.92.070-1. Development Standards for Fueling Stations/Vehicle and Equipment Services and Repair
Standard	Requirement	Notes
Interior drive aisle width	Min. 30 ft	Width between pump islands
Distance between curb cuts	Min. 150 ft
Driveway width	Max. 36 ft at the sidewalk
Landscaping	Min. 15% of site area	Does not include required setbacks. Must be provided and permanently maintained according to the standards provided in PMC Chapter 17.86 (Landscaping, Lighting, Walls, and Fences) and as required by the Review Authority
Signs	Shall conform to all applicable sign provisions in PMC Chapter 17.88 (Signs)

Parking and Storage.

Outside storage of motor vehicles shall be prohibited.

No vehicles may be parked on sidewalks, parkways, driveways, or aisles.

No vehicle may be parked on the premises for the purpose of offering the vehicle for sale.

No used or discarded automotive parts or equipment or disabled, junked, or wrecked vehicles may be located in any required parking space, or in any open area outside the main structure.

Display areas, storage areas, and customer parking areas shall be separated and clearly distinguished from each other.

No discarded parts or equipment or permanently disabled or wrecked vehicles shall be located on the premises other than within a fully screened storage area, and no such items shall project above the screen wall as seen from any public rights-of-way or from any common or public areas of adjacent residential or commercial developments.

Lighting shall conform to PMC § 17.86.030 (Outdoor lighting).

Restrooms shall only be accessed from the building interior.

Bells or loudspeakers shall be prohibited.

Service and Repair Uses.

Service and repair services shall be limited to minor vehicle repair (as defined in PMC Chapter 17.16 (Definitions)).

Services and repair facilities shall be subject to the development review process specified by the applicable zone.

Distance Requirements. No new fueling station/vehicle and equipment services and repair facility shall be located within 500 feet from another fueling station/vehicle and equipment services and repair facility as measured according to PMC § 17.17.020 (Measuring distances).

Review Process. Uses subject to this Section shall be subject to site plan review approval pursuant to PMC Chapter 17.21 (Site Plan Review) and the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.080 Kennels/boarding, commercial.

Purpose and Intent. It is the purpose of this Section to establish specific standards for commercial kennels/boarding facilities. The intent is to protect the health and welfare of the surrounding residents and citizens in general by preventing potential negative impacts related to odor, noise, traffic, visual appearance, health, and safety.

Development and Operation Standards. Kennels shall be established and operated pursuant to the following requirements:

Table 17.92.080-1. Development and Operation Standards
	Standard
Minimum lot size	Minimum lot size of 20,000 sf in the ER and LDR zones. No minimum lot size for all other zones.
Kennels as accessory use	Allowed on parcels containing a dwelling unit for residence of kennel operator in the ER and LDR zones.
Kennel operation	Must comply with Los Angeles County Animal Control office standards for construction and operation.
Off-street parking for kennels	Minimum 5 spaces Must comply with PMC Chapter 17.87 (Off-Street Parking and Loading)
Kennel signage	Must comply with PMC Chapter 17.88 (Signs)
Disposal of animal waste	Must comply with applicable Federal, State, and local laws.
Location of animal enclosures	Must comply with PMC § 17.89.030(C)

Review Process. Uses subject to this Section shall be subject to the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.090 Massage establishment (accessory).

Purpose and Intent. It is the purpose of this Section to establish specific standards for the provision of massage establishments as an accessory use to a primary business. The intent is to provide for limited massage services in conjunction with other specific service and medical uses.

Development and Operation Standards. In addition to all other conditions and restrictions that may be imposed by statute, ordinance, or standard, the following standards apply to massage establishments as an accessory use:

Massage establishments as an accessory use may be provided as follows:

As an accessory use in conjunction with an approved health club, athletic club, gym, hotel, spa, beauty salon, barber shop, suntan parlor, or for the employees of an approved commercial or industrial business, when allowed in the zone where the primary use is allowed.

As an accessory use in conjunction with an approved medical practice, when allowed in the zone where the primary use is allowed.

For the purposes of massage establishments as an accessory use in conjunction with an approved medical practice, massage treatments shall only be provided for medical purposes to patients of that medical practice or patients of a different caregiver, on a referral or prescription basis only. In no event may massage services be provided on a walk-in, self-referral basis.

Massage establishments as an accessory use shall be administered by a licensed massage technician who has a valid business license pursuant to PMC § 5.04.440 (Massage establishments and massage technicians).

The massage establishments as an accessory use shall be incidental to the primary business or business location. The owner of the primary business shall be responsible for the massage activities of all massage technicians employed at the location and shall comply with PMC § 5.04.440 (Massage establishments and massage technicians).

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.100 Outdoor dining (accessory).

Purpose and Intent. Outdoor seating areas for dining uses can enhance the pedestrian ambiance of commercial areas and are encouraged. However, reasonable regulation of outdoor dining is necessary to protect the public health, safety, and welfare. The purpose of this Section is to set forth the conditions and requirements under which outdoor dining areas may be allowed to operate by approval of the appropriate Review Authority.

Definitions. An outdoor dining area is a group of tables and chairs and its authorized shade, decorative and accessory devices situated and maintained upon private or public property or upon the public sidewalk in connection with the consumption of food and beverage sold to the public from or in an adjoining restaurant.

Development and Operational Standards. Any outdoor dining area shall be developed and operated in conformance with the following standards in addition to any other applicable standards:

Where Allowed.

An outdoor dining area may be established where allowed by the permissions tables in the underlying zone specified within Divisions 3 through 7 of this Title.

Restaurants, brewpubs/taprooms/wine bars/microdistilleries, and breweries/distilleries/wineries (with tasting room) may be allowed to operate an outdoor dining area; provided, that the use conforms to all applicable codes, laws, and ordinances.

Dining Area Location and Design Requirements.

An outdoor dining area may be located on private property, on the private sidewalk, or public sidewalk subject to Subsection (C)(2)(c) of this Section, only where the sidewalk is wide enough to adequately accommodate both pedestrian traffic and the proposed outdoor seating area. There shall be a minimum of three feet clear distance or 50 percent of the sidewalk width, whichever is greater, free of all obstructions in order to allow adequate pedestrian movement and to comply with ADA requirements.

Any outdoor dining area located on the public sidewalk must be immediately adjacent to and abutting the associated restaurant.

The length of the outdoor dining area shall extend no further than the actual street side or interior property line or tenant space of the associated restaurant.

Any outdoor dining area located within the public right-of-way must also provide proof of sufficient liability insurance to the satisfaction of the City Engineer.

The area in which the outdoor dining area is authorized shall be identified in a manner which will clearly separate and delineate it from the areas of the sidewalk which will remain open to pedestrian traffic.

No signs are allowed within any outdoor dining area, except for the name of the operating establishment on awning(s) or umbrella valance(s).

Furniture.

All tables and chairs shall be set back not less than three feet from any curb and from any street or barrier and shall not be situated within eight feet of any designated bus stop.

All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be movable, unless located on private property outside of the public right-of-way. Umbrellas must be secured with a minimum base of not less than 60 pounds. Outdoor amplified music or speakers shall be reviewed at the time of application.

The following additional requirements apply to outdoor dining areas:

The outdoor preparation of food shall be prohibited. The presetting of tables with utensils, glasses, napkins, condiments, and the like shall be prohibited. All exterior surfaces shall be easily cleanable and shall be kept clean at all times by the restaurant operator. Restrooms for the outdoor dining area shall be provided in the adjoining restaurant and the outdoor dining shall be counted in the restroom requirements for the restaurant;

Trash and refuse storage for the outdoor dining area shall not be allowed within the outdoor dining area or on adjacent sidewalk areas with the exception of receptacles for customer trash, and all trash and litter shall be removed as it accumulates. The restaurant operator shall be responsible for maintaining the outdoor dining area, including the sidewalk surface, furniture, and adjacent areas, in a clean and safe condition;

Hours of operation shall be identical to those of the adjacent restaurant, unless reduced by the Review Authority; and

No parking shall be required for the outside dining area; provided, that no more than 20 percent of the total seating provided by the restaurant is outdoor seating. Otherwise, parking shall be provided pursuant to PMC Chapter 17.87 (Off Street Parking and Loading).

The City shall have the right and power, acting through the Director, to prohibit the operation of an outdoor dining area at any time because of anticipated or actual problems or conflicts in the use of public sidewalk area. Such problems or conflicts may arise from, but are not limited to, scheduled festivals and similar events, parades, repairs to the street or sidewalk, or emergencies occurring in the area. To the extent possible, the permittee shall be given prior written notice of any time period during which the operation of the outdoor dining will be prohibited by the City, but any failure to give prior notice shall not affect the right and power of the City to prohibit the operation of the outdoor dining area at any given time.

Review Process.

An outdoor dining area proposed in conjunction with a new restaurant shall be reviewed in conjunction with the application for the related restaurant. An outdoor dining area proposed for an existing restaurant shall be subject to minor modification pursuant to PMC § 17.26.040 (Minor modifications to approved plans).

Any outdoor dining area located in the public right-of-way shall be subject to issuance of an encroachment permit. Any outdoor dining area in which alcoholic beverages will be consumed shall be subject to the provisions of PMC § 17.92.020 (Alcoholic beverage establishments).

In connection with approval of any outdoor dining area, the Review Authority shall determine that the proposed operation meets the requirements of this Section. The Review Authority may impose such conditions in granting such approval as deemed necessary to ensure that the proposed operation will meet the operating requirements and conditions set forth in this Section and to ensure that the public safety and welfare will be protected.

The right to operate an outdoor dining area may be revoked by the Review Authority upon a finding that one or more of the conditions of this Section have been violated, that the outdoor dining area is being operated in a manner which constitutes a nuisance, or that the operation of the outdoor dining area unduly impedes or restricts the movement of pedestrians.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.110 Outdoor display.

Purpose and Intent. It is the purpose of this Section to establish specific standards for outdoor display. The intent is to ensure that such uses are compatible with the surrounding areas by preventing potential negative impacts related to odor, noise, traffic, visual appearance, health, and safety.

Development Standards. Outdoor display shall be subject to the following standards in addition to all other applicable standards and regulations:

Only those goods and services associated with the primary use may be stored, sold, or displayed.

All outdoor display and sales activities that are independent of the primary use shall be considered their own primary use and regulated as such (e.g., seasonal sales as a temporary use requiring a temporary use permit).

Where allowed, such outdoor display areas shall be paved, screened, landscaped, and lighted pursuant to the applicable Sections of this Title.

Hours of operation for outdoor display shall be consistent with the hours of operation for the corresponding primary use.

Review Process. Uses subject to this Section shall be subject to the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.120 Outdoor storage (primary and accessory).

Purpose and Intent. It is the purpose of this Section to establish specific standards for primary or accessory outdoor storage. For temporary outdoor storage see PMC § 17.98.020 (Temporary uses). The intent is to ensure that such uses are compatible with the surrounding areas by preventing potential negative impacts related to odor, noise, traffic, visual appearance, health, and safety.

Development Standards. Outdoor storage shall be subject to the following standards in addition to all other applicable standards and regulations:

All on-site areas for outdoor storage as an accessory use are limited to those materials directly used or produced in relation to the functional primary on-site business activity, subject to all storage and screening requirements of this Section and the applicable zone.

Location. Outdoor storage shall not be located within any required front or street side setbacks, parking, circulation, or access areas, or required landscaped areas.

Screening. Primary and accessory outdoor storage areas shall be screened from view from any adjacent public street or freeway, existing or planned residential area/property, or publicly accessible open space area. A wall or fence a minimum of six feet and a maximum of eight feet in height shall be provided around all primary and accessory outdoor storage areas pursuant to PMC § 17.86.040(B). In the AI, HI, and LI zones, screening walls shall be a minimum of eight and maximum of 12 feet in height.

Primary and accessory outdoor storage areas shall be paved, screened, landscaped, and lighted pursuant to the applicable Sections of this Title.

Parking. Parking for permanent outdoor storage as a primary use shall be provided pursuant to PMC Chapter 17.87 (Off-Street Parking and Loading).

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.130 Pawnshops.

Purpose and Intent. It is the purpose of this Section to establish specific standards for pawnshops to ensure that such businesses are appropriately located and operated in order to not pose a significant threat to the public health, safety, and welfare by curtailing the dissemination of stolen property and facilitating the recovery of stolen property.

Conditional Use Permit Requirement.

No new pawnshop shall be established unless a permit has first been obtained pursuant to PMC Chapter 17.22 (Conditional Use Permits).

In addition to the information required by PMC Chapter 17.22 (Conditional Use Permits), the applicant shall submit a detailed security plan which describes the proposed interior and exterior security measures applicable to the proposed business. The plan shall address issues including but not limited to safes to be installed, alarm systems, deployment of any security personnel, funds transportation measures, hours of operation, shift personnel staffing, CCTV applications, type of loss prevention/crime prevention training provided to employees, and any other applicable measures.

Development and Operation Standards. In addition to any conditions imposed by the Review Authority, pawnshops shall comply with the following development standards:

The pawnshop shall comply with all applicable local, State, and Federal laws.

No person shall obtain a conditional use permit for a pawnshop unless that person first or concurrently obtains a pawnbrokers permit or secondhand dealers permit pursuant to PMC § 5.04.450 (Pawnbrokers and secondhand dealers).

No pawnshop, nor any employee thereof, shall accept any pledge, or loan any money for personal property, or purchase or receive any goods, wares or merchandise, or any article or thing, or in any manner whatsoever engage in or conduct business as a pawnshop store between the hours of 7:00 p.m. of any day and 7:00 a.m. of the following day. Businesses which purchase secondhand tangible personal property shall not engage in such activity between the hours of 7:00 p.m. of any day and 7:00 a.m. of the following day.

The establishment shall not engage in any transaction with any person under 18 years of age.

The cashier area shall be equipped with a CCTV/security system with digital recording, playback capability, and single image retrieval to aid in criminal apprehension. The recorder should be housed in a secure room away from the cash register/counter area. The recording field shall include the cash register area, customer counter area, and areas where customers are entering/exiting the establishment. Camera(s) focused on the entry/exit should be mounted and angled to capture customers' faces. Camera(s) should be used in conjunction with public view monitor(s) to create public awareness that a video surveillance system is in place and to discourage criminal acts. Recordings shall be maintained for a minimum of 90 days.

The cashier area shall be equipped with a telephone.

Alarm buttons or other activation devices shall be placed at the cash register site, in the administration office, and in any other locations deemed appropriate by management.

Storage rooms, including roof access doors, maintenance, mechanical, electrical, and other room doors that contain property that may be susceptible to theft, shall be covered by a silent intrusion alarm system. These systems may terminate at the front desk.

Any office or room where funds are counted shall have a solid core door with a minimum thickness of one and three-fourths of an inch and shall be secured by a deadbolt lock with a minimum throw of one inch. Doors shall also include a one-way vision panel with burglary-resistant glazing to provide visual surveillance of the interior of the store.

Outside hinges on all exterior doors shall be installed with nonremovable pins when pin-type hinges are used or shall be installed with hinge studs, to prevent removal of door.

Any delivery and/or receiving door(s) shall be equipped with a peephole/vision panel and a delivery notification system.

A security height marker shall be installed on all public entrances/exits.

The premises, while open or closed for business after dark, shall be sufficiently lit by the use of interior night-lights.

The use of an ultraviolet light shall be required to verify all identification presented.

The establishment shall be required to register in the City Business Watch Program and receive merchant fraud training through the Public Safety Division.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.140 Pet daycare.

Purpose and Intent. It is the purpose of this Section to establish specific standards for pet daycare. The intent is to ensure that such uses are compatible with the surrounding areas by preventing potential negative impacts related to odor, noise, traffic, visual appearance, health, and safety.

Development and Operation Standards. Pet daycare facilities shall be established and operated pursuant to the following standards:

Pet daycare facilities shall be conducted and operated pursuant to standards established by the Los Angeles County Animal Care and Control Department (Los Angeles County Code, Title 10 – Animals).

All pet housing shall be inside an enclosed building. Air intake and discharge should be on the roof (no penetration of walls allowed without acceptable sound baffling and air filtration). No operable windows shall be allowed, and fixed windows (if provided) shall be double-glazed. Light from nonoperable skylights is allowed.

Solid fencing, a minimum eight feet in height, shall be provided around all outdoor exercise areas pursuant to PMC § 17.86.040(C).

Unattended outdoor exercise areas shall be visually screened from other exercise areas such that pets cannot see each other.

The disposal of animal waste shall be pursuant to applicable Federal, State, and local laws.

The location of any animal enclosures shall be pursuant to development standards of the base zone specified within Divisions 3 through 7 of this Title.

Off-street parking shall be provided pursuant to PMC Chapter 17.87 (Off-Street Parking and Loading); however, in no event shall the number of spaces be less than five.

All signage shall comply with the provisions of PMC Chapter 17.88 (Signs).

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.150 Smoke shop.

Purpose and Intent. It is the purpose of this Section to establish specific standards for retail establishments which sell tobacco/smoking products (as defined in PMC Chapter 17.16 (Definitions)), to ensure that such businesses are appropriately located and operated so as not to pose a significant threat to the public health, safety, and welfare.

Conditional Use Permit Requirements.

No new smoke shop use shall be established unless a permit has first been obtained pursuant to PMC Chapter 17.22 (Conditional Use Permits).

In addition to the information required by PMC Chapter 17.22 (Conditional Use Permits), the following shall be included with the conditional use permit application:

An interior floor plan of the proposed establishment drawn to scale indicating the total gross floor area and the percentage of merchandise which consists of tobacco or smoking products and paraphernalia; and

A vicinity map indicating the location of the proposed establishment and the distance separation from those uses specified in the location standards of this Section.

Location Standards.

A new smoke shop use shall be separated from sensitive uses based on the location standards specified below:

Table 17.92.150-1. Location Standards for Smoke Shops
Use	Distance Requirement (ft)
*Public or Private TK-12 School or Family Day Care Center	1,000
Hospitals, Public Parks and Libraries, and Commercial Recreation and Sports	1,000
Existing Smoke Shops	1,000

Notes:
* Includes both existing school facilities and undeveloped school sites as identified by the applicable school district; excludes small and large residential care facilities.

For purposes of this Section, measurement shall be made pursuant to PMC § 17.17.020 (Measuring distances).

Development and Operation Standards. In addition to any conditions imposed by the Review Authority, retail sales of tobacco and smoking products shall comply with the following development standards:

The smoke shop shall comply with all applicable local, State, and Federal laws regarding the advertising, display, or sale of tobacco/smoking products.

Only store employees shall have immediate access to the tobacco products, smoking products and/or tobacco/smoking paraphernalia. Any person, business, or smoke shop selling, allowing to be sold, offering for sale or display any tobacco product or smoking product by means of self-service display or by means other than vendor-assisted sales shall be prohibited.

No smoke shop shall sell or transfer a tobacco product, smoking product or tobacco/smoking paraphernalia to another person who appears to be under the age of 27 years, without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under State law, to purchase and possess the tobacco product, smoking product, or tobacco/smoking paraphernalia.

No smoke shop shall allow any person who is younger than the minimum age established by State law for the purchase or possession of tobacco products, to engage or participate in the sale of tobacco products, smoking products, or tobacco/smoking paraphernalia.

No person, business, smoke shop, or other establishment shall sell or offer for sale cigarettes or other tobacco or smoking products not in the original packaging provided by the manufacturer and with all required health warnings.

No permit may be issued to authorize a smoke shop at a location that is licensed under State law to serve alcoholic beverages for consumption on the premises (e.g., an "on-sale" license issued by the California Department of Alcoholic Beverage Control) and no license may be issued to authorize a smoke shop at any location offering food for sale for consumption by guests on the premises.

The establishment shall be required to register in the City Business Watch Program and receive merchant fraud training through the Public Safety Division.

Litter and trash receptacles shall be conveniently located inside and outside the establishment, and trash and debris shall be removed from the receptacles on a daily basis.

Loitering in the public right-of-way, parking area and in front of the property or adjacent properties shall be prohibited.

No person shall commence tobacco retailing until that person first or concurrently obtains a smoke shop's permit pursuant to PMC § 5.04.480 (Tobacco/smoking product retailer).

The establishment shall conspicuously post the following interior sign stating:

We ID everyone under 27 years of age for tobacco sales.

The dimensions of such sign shall be at least eight inches by 11 inches. If the predominant language of the clientele of the establishment is not English, then a sign shall also be posted in that language.

Training Requirements.

Each person who sells tobacco products, smoking products, or tobacco/smoking paraphernalia shall successfully complete a responsible tobacco retailing training. The program shall be completed within 60 days of assuming the position that involves sale of tobacco products, smoking products, and/or tobacco/smoking paraphernalia, and shall be periodically completed again not less than once every three years.

Records of successful completion of responsible tobacco retailing training shall be maintained on the premises and shall be presented to City and Los Angeles County Sheriff's Department representatives upon request.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.160 Swap meet, outdoor.

Purpose and Intent. It is the purpose of this Section to establish specific standards for outdoor swap meet uses not considered temporary as specified within PMC § 17.98.020 (Temporary uses). The intent of these standards is to prevent potential negative impacts relating to noise, traffic, visual appearance, health, and safety.

Development Standards. Outdoor swap meet uses shall conform to the following standards in addition to all other applicable standards and regulations:

The minimum lot area shall conform with the standards set forth in the applicable zone.

In addition to the required parking area and landscaping setback, additional on-site landscaping may be required to be installed and permanently maintained to reduce visual and noise impacts, as deemed appropriate by the Review Authority.

Parking shall be provided pursuant to PMC Chapter 17.87 (Off-Street Parking and Loading).

All outdoor retail activities shall be screened from public view, public rights-of-way, and less intensive land use districts. Landscaping, screen walls, or other approved means of screening may be used, pursuant to PMC Chapter 17.86 (Landscaping, Lighting, Walls, and Fences).

Areas designated for outdoor swap meets shall be set back a minimum of 20 feet from any regional or crosstown street, or from any adjacent residential designation or use and shall include a minimum of 10 feet of landscaping.

An all-weather ground surface material, including but not limited to asphalt, gravel, or decomposed granite, shall be installed in all areas utilized for outdoor swap meets and related services. Principal walkways shall be surfaced pursuant to Title 24 of the California Code of Regulations. Parking areas shall be surfaced pursuant to PMC § 17.87.090 (Parking design standards).

All signs shall comply with PMC Chapter 17.88 (Signs).

Retail sales shall not include the sale of adult-oriented merchandise, firearms, or off-sale alcohol.

Outdoor swap meets shall not include mechanical carnival rides, except with the approval of a temporary use permit pursuant to PMC § 17.26.100 (Temporary use and special event permits) for a specific event or activity.

Outdoor swap meets shall not include the use of amplified sound, except with the approval of a temporary use permit for a specific event or activity pursuant to PMC § 17.26.100 (Temporary use and special event permits).

Permanent sanitary facilities shall be provided on site pursuant to City policies for commercial uses.

On-site lighting shall be installed pursuant to PMC § 17.86.030 (Outdoor lighting).

Trash areas shall be able to accommodate trash, recycling, and organics collection services in compliance with State law.

Outdoor swap meets shall conform with all local, State, and Federal requirements.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.170 Tattoo/body art/piercing establishments.

Purpose and Intent. It is the purpose of this Section to establish specific standards for tattoo/body art/piercing establishments to ensure that such businesses are appropriately located and operated so as not to pose a significant threat to the public health, safety, and welfare.

Conditional Use Permit Requirements.

No tattoo/body art/piercing establishments use shall be established unless the appropriate approval has first been obtained pursuant to the permissions tables in Divisions 3 through 7 of this Title.

In addition to the information required for the permit pursuant to Division 2 (Review Procedures), the following shall be submitted with the application:

An interior floor plan of the proposed establishment drawn to scale indicating the total gross floor area of the establishment, the areas within the establishment where tattooing and body piercing services are proposed to be conducted, decontamination and sterilization areas, and waiting areas;

The interior floor plan shall identify an area where tattooing and body piercing services are to be applied on intimate body parts where no viewing areas are available from within the establishment or from the exterior of the establishment; and

A vicinity map indicating the location of the proposed establishment and the distance separation from those uses specified in the location standards of this Section.

Location Standards.

An establishment shall be separated from existing uses based on the location standards specified below:

Table 17.92.170-1. Development Standards for Tattoo/Body Art/Piercing Establishments
Existing Uses	Distance Requirement (ft)
Other Tattoo/Body Art/Piercing Establishments	500
*Public or Private TK-12 School or Family Day Care	500
Public Parks and Recreation Facilities, Public Libraries, or Trails, Excluding Bike Lanes	500
On-Sale Alcoholic Beverage Establishments	500

Notes:
* Includes both existing school facilities and undeveloped school sites as identified by the applicable school district.

For purposes of this Section, measurement shall be made pursuant to PMC § 17.17.020 (Measuring distances).

Development Standards. In addition to any conditions imposed by the Review Authority, tattoo/body art/piercing establishments shall comply with the following:

The owner of an establishment shall obtain a health permit through the Los Angeles County Department of Public Health, operate the facility in a safe and clean manner, maintain written procedures for the operation of the facility, and maintain records of training and equipment sterilization.

All practitioners shall annually register with the County of Los Angeles Department of Public Health, obtain annual blood-borne pathogen training, provide documentation of hepatitis B vaccination status, obtain specific health information from clients, and obtain "informed consent" from clients, as required by the Department of Public Health.

Records of successful completion of registration and annual renewals of County of Los Angeles Department of Public Health permits for the owner of the establishment and any person providing services in the establishment shall be maintained on the premises and shall be presented to City employees and Los Angeles County Department of Public Health, Environmental Health Division inspectors on demand. An electronic copy of such records shall be provided on an annual basis to the City.

No tattoo or body piercing shall be performed without first obtaining "informed consent" from a client, as required by the County of Los Angeles Department of Public Health.

No establishment shall provide services to any person who is younger than the minimum age established by State law.

Amplified sound, loud music, shall not be audible outside of the premises.

The establishment shall be required to register in the City Business Watch Program and receive merchant fraud training through the Public Safety Division.

Litter and trash receptacles shall be conveniently located inside and outside the establishment, and trash and debris shall be removed from the receptacles on a daily basis.

Loitering in the public right-of-way, parking area and in front of the property and adjacent properties shall be prohibited.

The establishment shall conspicuously post the following interior sign stating:

We ID everyone under 27 years of age for any request for our services.

The dimensions of such sign shall be at least eight inches by 11 inches. If the predominant language of the establishment's clientele is not English, then a sign shall also be posted in that language.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.180 Vehicle washing and detailing.

Purpose and Intent. It is the purpose of this Section is to establish specific standards for vehicle washing and detailing facilities. The intent is to ensure that vehicle washing and detailing facilities are designed and located in a manner that minimizes impacts to adjacent uses, aesthetic impacts, and ensures compatibility with the surrounding uses and neighborhood.

Development and Operation Standards. Any vehicle washing and detailing establishment shall be developed and operated in conformance with the following standards in addition to any other applicable standards:

The vehicle washing and detailing use shall only operate between the hours of 7:00 a.m. to 9:00 p.m. daily unless otherwise approved by the Review Authority.

Noise generated by a vehicle washing and detailing use shall not impact existing or future adjacent residential uses pursuant to the Palmdale General Plan Noise Element. Acoustical studies and manufacturer's data and information may be requested by the Director as needed to demonstrate compliance with this requirement.

Vehicle washing and detailing uses shall utilize a water recycling system incorporating best management practices (BMPs).

Vehicle washing and detailing tunnels shall be designed so that the exiting service bay, typically containing the drying equipment, does not face residentially designated property or residential uses.

All security lighting, site lighting, or illuminated signage shall comply with all standards of this Title and shall be designed and/or directed so as not to adversely impact adjacent residential areas.

Signs shall be posted prohibiting loitering and amplified music at the subject site. Such signs shall be posted within the customer self-service area/vacuum areas.

Outdoor waxing, buffing, detailing, and engine steam cleaning shall be screened from the public right-of-way.

The applicant shall provide a floor plan identifying the areas utilized for retail sales. All proposed retail sales shall comply with the applicable requirements of this Title.

No video or arcade games shall be located on the premises.

The premises shall be kept in a neat and orderly condition at all times.

Trash receptacles shall be provided at the building entrance and at convenient locations within the customer self-service area/vacuum areas.

All public restrooms that are provided shall be accessible only from inside the customer waiting area.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.190 Veterinary hospitals.

Purpose and Intent. This Section establishes standards for the development and operation of veterinary hospitals, in order to protect the health and welfare of adjacent residents by preventing potential negative impacts related to odor, noise, traffic, visual appearance, disposal of wastes, or other aspects of such business.

Development and Operation Standards.

The following standards shall apply to any veterinary hospital established in the City:

Off-street parking facilities shall be provided as required by PMC Chapter 17.87 (Off-Street Parking and Loading). In no event shall the number of parking spaces provided be less than five;

All signage shall comply with the provisions of PMC Chapter 17.88 (Signs);

The disposal of dead animals and waste shall be in portable, closed refuse containers, which shall be kept inside the building until removal from the premises. The applicant shall submit to the City satisfactory evidence that the applicant has made arrangements for the proper and adequate disposal of dead animals and refuse;

The buildings and equipment on the premises shall be kept in a clean and sanitary condition at all times; and

All small animal care and, to the extent feasible, large animal care, shall be conducted within an enclosed and sound-controlled building. All animal enclosures shall be located pursuant to the provisions of PMC § 17.89.030(C).

The following standards shall apply to veterinary hospitals established in the ER and LDR zones:

No hospital shall be established on a parcel containing less than five gross acres;

Veterinary hospitals shall be allowed only as an accessory use on parcels which contain a dwelling unit in which the veterinarian resides; and

The practice may include large or small animal patients.

The following standards shall apply to veterinary hospitals allowed in zones other than ER and LDR zones:

The practice shall be limited to small animals and shall include only dogs, cats, and other household pets;

The operation shall be conducted in a completely enclosed and sound-controlled building and in such a way as to produce no objectionable noise or odors outside the building. The building materials and methods of odor control shall be acceptable to the Review Authority as adequately reducing emitted noise and odors; and

Landscaping, screening, and other aspects of the development shall conform with the applicable standards of Division 8 (General Development Standards) of this Title.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.93.010 Commercial vehicle parking as a primary use.

Purpose and Intent. This Section establishes development standards for commercial vehicle parking. For the purposes of this Section, the term "commercial vehicle parking" means the primary use of the property for the parking of vehicles used for commercial purposes. This section provides property owners in specified zones with the ability to satisfy a growing need for adequate off-street parking for commercial trucks and vehicles while establishing reasonable development standards designed to ensure that this type of use is located and conducted in a manner that minimizes the potential for adverse effects on the community from noise, traffic, visual, aesthetic, health, and safety impacts from the use.

Development Standards. Commercial vehicle parking as a primary use shall conform to the following standards in addition to all other applicable standards and regulations:

Any site used for commercial vehicle parking under this Section shall provide one parking space for each commercial vehicle to be parked on site.

Parking areas designated for commercial vehicle parking shall comply with minimum dimension and turning radii requirements as specified by the City Engineer.

No inoperable vehicles shall be parked on the portion of the site that is designated and established for commercial vehicle parking.

Commercial vehicle parking surfaces shall be paved according to the standards provided in PMC § 17.87.090 (Parking design standards). Surface improvements shall include measures to control dust and to avoid obstruction of surface drainage flows.

If the proposed use shares a property line with a residential use or zone, the area used for commercial vehicle parking shall maintain a minimum separation of 50 feet from the property line and provide screening as required by the Director.

Review Process. Uses subject to this Section shall be subject to the approval requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title. New accessory uses proposed for an existing use shall be subject to minor modification pursuant to PMC § 17.26.040 (Minor modifications to approved plans).

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.93.020 Ministorage warehousing or facility.

Purpose and Intent. These regulations provide standards for ministorage warehousing or facilities. The intent is to ensure that such uses are compatible with the surrounding areas by preventing potential adverse health, safety, visual, and noise impacts.

Development Standards. Ministorage warehousing or facilities shall be subject to the following standards in addition to all other applicable standards and regulations:

The minimum site area shall be 100,000 square feet.

If a ministorage warehousing or facility project is proposed to be located between or adjacent to an existing building(s) on adjacent sites, existing pedestrian and vehicular access shall be maintained or rerouted and the new building shall be designed to be consistent with existing buildings with respect to the use of materials, window and door placement, and colors.

All building and perimeter walls shall be constructed with both vertical and horizontal architectural elements. No wall plane shall exceed 50 feet in length without an architectural break. Building articulation shall include, but not be limited to:

A minimum of two different types of materials;

A minimum of four feet of the lower portion of the exterior walls of perimeter fencing and/or building walls must contain a different color and/or texture than the remainder of the fence or wall plane;

Cornice or similar treatment; or

Tile insets or similar elements.

Building and perimeter wall colors shall be finished with earth toned materials. Accent colors may be utilized.

Building facades that face and/or are visible from any public right-of-way shall contain additional articulation and enhancements including but not limited to varying building heights, building planes or roof lines, windows or the appearance of windows and vertical and horizontal articulations.

Gates shall be constructed of colors and materials that are architecturally compatible with the associated buildings. The gate shall be maintained in good working order and shall remain closed except when in use.

Aisle width shall be a minimum of 26 feet between interior buildings, which shall remain unobstructed.

Residential quarters for a manager or caretaker may be provided pursuant to PMC § 17.91.030 (Caretaker's units (accessory)).

Parking shall be consistent with PMC § 17.87.060 (Required vehicle spaces).

At minimum 25 percent of the required parking (excluding parking required for the caretaker's residence), but no less than two spaces, shall be located outside of any vehicle restricting gates.

If the project contains a manager's or caretaker's unit, the unit shall provide building articulation and design compatible with the ministorage warehousing or facility buildings.

Trash enclosures shall be placed at locations convenient to all storage units and comply with PMC Chapter 17.85 (Utilities and Services).

Any vehicle storage (RV, boat, etc.) shall be covered and completely screened from view from the public right-of-way.

A maximum 50 percent of the lot frontage of ministorage warehousing or facility use may be occupied by retail, service, and/or office uses on the ground floor. These ground activities shall not be directly associated with the primary use established at the site. All buildings shall be located behind, or on top of, the fronting retail, service, and/or office uses.

No flammable or otherwise hazardous materials shall be stored on site.

The hours of operation for ministorage warehousing or facilities located adjacent to residential uses shall be limited to 7:00 a.m. to 9:00 p.m., Monday through Saturday, and 9:00 a.m. to 9:00 p.m. on Sunday.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.93.030 Salvage yards.

Purpose and Intent. These regulations provide standards for salvage yards. The intent is to ensure that such uses are compatible with the surrounding areas by preventing potential adverse health, safety, visual, and noise impacts.

Development Standards.

All operations or storage shall be conducted within an enclosed building or within an area completely enclosed with a solid masonry wall not less than eight feet and a maximum 12 feet in height, except as otherwise approved by the Review Authority.

The minimum site area shall be five acres.

All repair activities and vehicle loading and unloading shall be appropriately screened from public view and shall not occur within adjacent streets and alleys.

All hazardous materials resulting from repair and dismantling operations shall be properly stored and removed from the premises in a timely manner. Storage, use, and removal of toxic substances, solid waste, and flammable liquids, particularly gasoline, paints, solvents, and thinners, shall conform to the applicable Federal, State, and local regulations.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.93.040 Vehicle towing/impounding.

Purpose and Intent. These regulations provide standards for vehicle towing/impounding uses. The intent is to ensure that such uses are compatible with the surrounding areas by preventing potential adverse health, safety, visual, and noise impacts.

Development Standards.

All operations or storage shall be conducted within an enclosed building or within an area completely enclosed with a solid masonry wall not less than eight feet in height and a maximum 12 feet in height, except as otherwise approved by the Review Authority.

Salvage yard operations shall not be allowed, unless the use is otherwise allowed in the applicable zone.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.94.010 Community assembly uses.

Purpose and Intent. It is the purpose of this Section to establish specific standards for community assembly uses. The intent is to preserve the integrity of residential and commercial areas by preventing negative health, safety, aesthetic, and traffic impacts, while allowing for establishment and operation of a community assembly use.

Development Standards. All community assembly uses shall comply with the following standards in addition to all other applicable statutes, ordinances, and standards:

All structures shall conform to the applicable development standards of the zone and Division 8 (General Development Standards) of this Title; however, in no event shall a structure utilized for community assembly be located closer than 20 feet to adjacent residentially used or zoned parcels.

On-site landscaping shall be consistent with that prevailing in the neighborhood, and installed and maintained pursuant to applicable City ordinances. Landscaping should be incorporated to reduce visual and noise impacts on surrounding properties, through appropriate screening of parking lots and other areas as determined by the Review Authority.

Permanent outdoor activities may only be conducted between the hours of 8:30 a.m. and 8:00 p.m. Any temporary outdoor activities or events shall require approval of a temporary use permit pursuant to PMC § 17.26.100 (Temporary use and special event permits) and must adhere to the hours of operation approved for the temporary use permit.

Day cares, schools, and other uses are allowed as an accessory use to an approved community assembly use, if allowed in the base zone, subject to the permit requirements pursuant to the permissions tables in Divisions 3 through 7 of this Title.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.94.020 Emergency shelters.

Purpose and Intent. It is the purpose of this Section to establish specific standards for emergency shelters. The intent is to prevent the creation of any adverse impact to adjacent properties while ensuring that adequate shelter facilities are provided for homeless persons.

Development Standards. All emergency shelters must conform to the following standards:

Property Standards. The parcel upon which the emergency shelter is established shall conform to all standards of the underlying land use and zone.

Occupancy Limitations. Nightly sleeping accommodations provided for homeless persons shall be limited to occupancy of six months or less.

Distance Standards. No more than one emergency shelter shall be allowed within 299 feet of another emergency shelter, transitional, or supportive housing facility measured from property line to property line.

Minimum Provisions.

Emergency shelters shall provide a minimum of 35 square feet of sleeping area per bed;

Emergency shelters shall provide a minimum one toilet, sink and shower for every 15 beds, or as otherwise required by the Uniform Building Code; and

Emergency shelters shall provide on-site supervision at all times. At least one full-time equivalent employee must be provided for every 20 beds.

Common Areas. Any living, dining and/or kitchen areas shall be physically separated from sleeping areas.

Hours of Operation. Emergency shelters operations shall be limited to the hours between 6:00 p.m. and 8:00 a.m.

Parking. Off-street parking shall be provided pursuant to PMC Chapter 17.87 (Off-Street Parking and Loading).

Accessibility. The shelter shall comply with the Americans with Disabilities Act standards.

Security. The shelter shall be designed to provide adequate security for clients and employees. A security plan shall be established and submitted to the Review Authority in conjunction with the associated project for review.

Other Standards. Emergency shelters shall conform with all local, State, and Federal requirements.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.94.030 Golf courses.

Purpose and Intent. This Section establishes specific standards for golf courses in order to prevent the creation of any nuisance to the occupants of neighboring dwellings while allowing establishment and operation of golf courses and related facilities.

Development Standards. Golf courses must be constructed in the following manner:

The design and irrigation of the golf course shall incorporate the use of native and drought-tolerant vegetation and other water conservation techniques.

Treated effluent shall be used for irrigation where available and feasible.

Perimeter walls or fences shall provide a viewshed window design along all public rights-of-way, incorporating a mix of pilasters and wrought iron fencing or equivalent treatment.

All accessory facilities, including but not limited to clubhouses, maintenance buildings, and half-way clubhouses, shall be designed and located to ensure compatibility and consistency with the overall golf course setting.

Lighting of any facilities including, but not limited to, driving ranges shall be provided consistent with PMC § 17.86.030 (Outdoor lighting). Lighting of any facilities must be directed away from residential areas and public rights-of-way and of an intensity appropriate to the given location and site characteristics.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.94.040 Social service facilities with congregate meal facilities.

Purpose and Intent. It is the purpose of this Section is to establish specific standards for congregate meal facilities as part of social service facilities. The intent is to prevent the creation of any adverse impacts on adjacent properties while ensuring that adequate meal services and facilities are available to serve those who are experiencing homelessness, low-income, seniors, or persons with disabilities.

Development and Operational Standards. All congregate meal facilities must comply with the following standards:

Property Requirements. The parcel upon which the congregate meal facility is established shall conform to all standards of the underlying land use and zone.

Clientele Requirements. Meals shall be provided only to families or individuals who are experiencing homelessness, low-income, seniors, or persons with disabilities.

Distance Requirements. Congregate meal facilities shall be separated from uses based on the location standards specified below:

Table 17.94.040-1. Separation Standards for Congregate Meal Facilities
Existing Use	Distance Requirement (ft)
*Another congregate meal facility or transitional housing facility	1,320
Public or private TK-12 school or learning/tutoring center	500
Any single-family residential zone or use	150

Notes:
* Measured from property line to property line.

Hours of Operation. Congregate meal facilities shall only operate between the hours of 6:00 a.m. and 8:00 p.m.

Parking. Off-street parking shall be provided pursuant to PMC Chapter 17.87 (Off-Street Parking and Loading).

Service Restrictions.

All activities associated with the facility, including the serving of food and beverages, shall occur within an enclosed building;

Overnight accommodations shall be prohibited;

Drive-up or drive-through service shall be prohibited;

Live entertainment shall be prohibited; and

Distribution or consumption of alcoholic beverages on the premises shall be prohibited.

Accessibility. The facility shall comply with the Americans with Disabilities Act standards.

Security. The facility shall be designed to provide maximum security for all clients and employees. A security plan shall be established and submitted to the Review Authority in conjunction with the review of the project.

Other Standards. Congregate meal facilities shall conform with all local, State, and Federal requirements.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.95.010 Communication/wireless telecommunications facilities.

Purpose and Intent. It is the purpose of these standards to encourage and facilitate a wide variety of communication services and providers to serve businesses and citizens within the City. The City desires to avoid adverse health or aesthetic impacts on the community resulting from the unregulated proliferation of communication/wireless telecommunications facilities throughout the City, and to ensure for the protection of the general health, safety, and welfare of the community and the integrity of public rights-of-way and assets. This Section is adopted to set forth the goals and policies of the City that will be used to regulate the approval, installation, and operation of major and minor wireless commercial communications services and facilities within the City. This Section is not intended to apply to satellite dish antennas or to wireless telecommunications facilities in the right-of-way, which are regulated in PMC Title 12 (Streets, Sidewalks, and Public Places).

"Antenna/antenna structure"

Definitions. For the purposes of this Section, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

"Antenna"

shall mean that part of a communication facility designed to radiate or receive radio frequency signals.

"Antenna, amateur radio"

shall mean any antenna that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission. The term "amateur radio antenna" is interchangeable with the term "ham radio antenna."

shall mean collectively the antenna and its supporting structure, if any.

"Antenna/antenna structure height"

shall mean the distance from the highest point of the antenna/antenna structure to the natural grade at the point the structure touches, or, if extended, would touch the ground.

"Antenna, compact horizontal"

shall mean a horizontal antenna the longest dimension (boom or element) of which does not exceed 10 feet.

"Antenna, ground-mounted"

means mounted to a telecommunications tower.

"Antenna, horizontal" or "horizontal array"

shall mean an antenna with horizontally oriented radiating element(s) and/or boom other than a compact horizontal antenna.

"Antenna, nested position"

shall mean the position in which a retractable antenna/antenna structure is fully retracted.

"Antenna, single element wire"

shall mean an antenna consisting of a single wire typically made of 14 or 12 gauge copper clad wire attached and suspended between supports.

"Antenna structure"

shall mean the supporting mast, pole, or tower of one or more antenna(s).

"Antenna structure, retractable"

shall mean an antenna structure that is designed to be adjusted in height in order to be extended while the antenna is in use but lowered in a retracted position when the antenna is not in use.

"Antenna, vertical or whip"

shall mean an antenna that extends vertically, directly up from its base or structural support.

"Cellular"

shall mean an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell sites.

"Collocation"

shall mean the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes.

"COW"

shall mean a "cell on wheels," which is a communication facility temporarily rolled in or temporarily installed.

Communications/Wireless Telecommunications Facility.

See PMC Chapter 17.16 (Definitions).

Communication/Wireless Telecommunications Facility, Major.

See PMC Chapter 17.16 (Definitions).

Communication/Wireless Telecommunications Facility, Minor.

See PMC Chapter 17.16 (Definitions).

"Eligible facilities request"

shall have the meaning stated in 47 U.S.C. Section 1455(a), as that statute may be amended or superseded, and means an existing wireless tower or base station that involves collocation of new transmission equipment or the replacement of transmission equipment that does not constitute a substantial modification.

"Macro cell tower site"

shall have the meaning set forth in Government Code Section 65850.75 as it may be amended from time to time. As of the effective date of the ordinance codified in this Title, Subsection (a)(3) of that Section provides: "Macro cell tower site means the place where wireless telecommunications equipment and network components, including towers, transmitters, base stations, and emergency powers necessary for providing wide area outdoor service, are located. A macro cell tower site does not include rooftop, small cell, or outdoor and indoor distributed antenna system sites."

"Modification"

shall mean a change to an existing structure that involves any of the following: collocation, expansion, alteration, enlargement, intensification, reduction, or augmentation, including, but not limited to, changes in size, shape, color, visual design, or exterior material. "Modification" does not include repair, replacement, or maintenance if those actions do not involve a change to the existing structure.

"Monopole"

shall mean a structure composed of a pole or tower used to support antennas or related equipment. A monopole also includes a monopine, monopalm, monoeucalyptus, monocactus, and similar monopoles camouflaged to resemble faux trees or other faux objects attached on a monopole (e.g., water tower).

"Small wireless facility"

shall have the meaning set forth in 47 C.F.R. Section 1.6002(l), as that regulation may be amended or superseded.

"Stealth telecommunications facility"

shall mean a telecommunications facility as defined in this Section which by its size, location, design, or combination of such measures, causes the facility to be aesthetically integrated into the surrounding environment so as not to readily be seen or recognized.

"Substantial modification"

has the same meaning as provided in 47 C.F.R. Section 1.40001(b)(7), as may be amended, which defines that term differently based on the particular facility type and location. For clarity, the definition in this Section organizes the FCC's criteria and thresholds for a substantial change according to the facility type and location.

For towers outside the public rights-of-way, a substantial change occurs when:

The proposed collocation or modification increases the overall height more than 10 percent or the height of one additional antenna array not to exceed 20 feet (whichever is greater);

The proposed collocation or modification increases the width more than 20 feet from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance (whichever is greater);

The proposed collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or

The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site.

For towers in the public rights-of-way and for all base stations, a substantial change occurs when:

The proposed collocation or modification increases that overall height more than 10 percent or 10 feet (whichever is greater);

The proposed collocation or modification increases the width more than six feet from the edge of the wireless tower or base station;

The proposed collocation or modification involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets;

The proposed collocation or modification involves the installation of any new ground-mounted equipment cabinets that are 10 percent larger in height or volume than any existing ground-mounted cabinets;

The proposed collocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground.

In addition, for all towers and base stations wherever located, a substantial change occurs when:

The proposed collocation or modification would defeat the existing concealment elements of the support structure as determined by the City; or

The proposed collocation or modification violates a prior condition of approval as regards to height, width, number and size of equipment cabinets or any excavation that is inconsistent with the thresholds for a substantial change described in this Section.

As to all measurements set forth herein, the following principles shall govern:

Any threshold or limit of height increases are cumulative or collective; or

"Telecommunications tower"

For sites with horizontally separated deployments, the cumulative limit is measured from the originally permitted support structure without regard to any increases in size due to wireless equipment not included in the original design. For sites with vertically separated deployments, the cumulative limit is measured from the permitted site dimensions as they existed on February 22, 2012, the date of passage of the Middle-Class Tax Relief and Job Creation Act of 2012, Section 6409(a).

shall mean a freestanding mast, pole, monopole, guyed tower, lattice tower, freestanding tower, or other structure designed and primarily used to support communication facility antennas.

"Transmission equipment"

shall have the same meaning as provided in 47 C.F.R. Section 1.40001(b)(8), as may be amended.

"Wireless telecommunications services"

shall mean the provision of services using a communication facility or a wireless telecommunications collocation facility, and shall include, but not be limited to, the following services: personal wireless services as defined in the Federal Telecommunications Act of 1996 at 47 U.S.C. Section 332(c)(7)(C) or its successor statute, cellular service, personal communication service, and/or data radio telecommunications.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.95.020 Permits required.

Communication/wireless telecommunication facilities are subject to review in all residential, commercial, industrial, and special purpose zones according to the permissions tables in Divisions 3 through 7 of this Title.

General Rule – Conditional Use Permit Required. Unless otherwise provided in this Title, all new wireless facilities, except for small cells, collocations, or modifications to existing wireless facilities, shall require a conditional use permit.

The Review Authority may refer a conditional use permit to the City Council for approval.

The Review Authority shall approve a conditional use permit if all of the following apply:

The facility will comply with all applicable laws including, but not limited to:

The Americans with Disabilities Act;

All building and safety requirements, including those within the California Building Standards Code, as amended by the City and the latest version of TIA ANSI 222, to the extent that such standards are more restrictive than the otherwise applicable requirements;

All applicable current requirements of the FCC and OSHA (Occupational Safety and Health Administration), including requirements relating to radiofrequency (RF) emissions and limits on interference;

The requirements of this Chapter;

Either the City has issued all required encroachment permits or it is a condition of the issuance of the permit that no installation begin in reliance on the permit until the City has issued all required encroachment permits.

A facility that obtains an administrative permit as allowed within the permissions tables specified within Division 3 through 7 of this Title need not obtain a conditional use permit.

Administrative Permit.

The Director shall approve an administrative permit pursuant to PMC § 17.26.040 (Minor modifications to approved plans) if it is in compliance with PMC § 17.95.030 (Development standards) and if all of the following apply:

The application is for:

Small wireless facility; or

A collocation or modification of wireless telecommunication equipment on an existing eligible facility which does not create a substantial modification.

The facility will comply with all applicable laws including, but not limited to:

The Americans with Disabilities Act;

All building and safety requirements, including those within the California Building Standards Code, as amended by the City, and the latest version of TIA ANSI 222, to the extent that such standards are more restrictive than the otherwise applicable requirements;

All applicable requirements of the FCC and OSHA including requirements relating to RF emissions and limits on interference; and

The requirements of this Chapter.

The proposed facility will be installed on an existing support structure that meets all of the following requirements:

The facility will match the design of the pole; and

If feasible, all equipment installed on the pole will be the same color as the pole.

Batched Application. An applicant, or its agent of record, may submit applications for multiple small wireless facilities or locations with the following conditions that are intended in order to assure compliance with the FCC's "Shot Clock" requirements:

No single batched submittal shall contain more than five applications;

There must be a minimum of seven business days between submittals of batched applications; and

No more than four batched applications shall be accepted in any 30-consecutive-day period.

Other Permits Required. In addition to any permit that may be required under this Chapter, the applicant must obtain all other required prior permits or other approvals from other City departments, or State or Federal agencies. Any permit granted under this Chapter shall be subject to the conditions and/or requirements of other required permits or other approvals from other City departments, State, or Federal agencies.

Speculative Equipment Prohibited. The City shall not approve any equipment or other improvements in connection with a wireless telecommunications facility approval when the applicant does not actually and presently intend to install such equipment or construct such improvements within 180 days.

Any application for eligible facilities which does not include a substantial modification request shall be approved administratively pursuant to PMC § 17.26.040 (Minor modifications to approved plans) if it is in compliance with PMC § 17.95.030. In cases of collocation, an applicant may, at their discretion, choose to pursue a new conditional use permit pursuant to PMC Chapter 17.22 (Conditional Use Permits) in order to separate insurance and liability requirements and have individualized conditions of approval. This new conditional use permit shall, however, not extend the life of the original conditional use permit for the initial facility or pole structure.

Supplemental Information.

Permit applications for all communication/wireless telecommunication facilities shall be accompanied by the following supplemental materials, unless waived by the Director:

A preliminary report that quantifies the project's electromagnetic frequency (EMF) radiation exposures and power levels, and compares them with adopted standards;

A plan for the ongoing security and inspection of the facility as applicable, which may include but not be limited to provisions for fencing, anti-climbing devices, elevated ladders on towers, and monitoring, to prevent unauthorized access and vandalism;

An alternative site analysis to mitigate visual, land use, or environmental impacts, if required;

A facilities propagation map to ensure that maximum utilization and efficient use of limited communications sites will be achieved. Such a map shall be at a scale no smaller than one inch equals one-half mile and shall include the corporate boundaries of the City and the City's sphere of influence; and

For a proposed facility within the area affected by the Air Installation Compatible Use Zone (AICUZ), a report demonstrating compliance with Joint Land Use Committee Policies, including siting and electronic signal interference considerations, and compliance with FAA Regulation 77 (Height and Obstruction Criteria).

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.95.030 Development standards.

Site Standards. In addition to compliance with all other applicable statutes, ordinances, standards, and policies, the following standards shall apply to all communication/wireless telecommunication facilities as allowed in PMC § 17.95.020(B):

Setbacks.

Setbacks are those specified for primary buildings within the respective zone;

Antenna structures or towers shall not be placed in any front setback or street side setback;

Antenna structures shall be located a minimum of 40 feet from any property zoned or legally used for residential use, unless such location is required for the proper operation of the system, based on the evidence and conclusions of a technical analysis supporting such precise placement;

For antenna structures exceeding 160 feet in height, fall zones shall not cross places of public assembly, including but not but limited to community assembly uses or schools;

Antenna structures exceeding 250 feet in height shall have fall zones established that encompass a circular area from the base of the tower whose radius exceeds the height of the tower; and

A major facility must be located minimum 1,000 feet from the nearest existing, legally established major facility (except in the event that such a facility is collocated with another facility).

Height.

The maximum height is that as specified for primary structures within the respective zone. Heights a maximum of 20 feet in excess of the height limit for a primary building in the underlying zone may be approved through conditional use permit approval. Additional height may be granted if the Review Authority determines that:

No feasible alternate location or design is possible;

That the increase in height is for community benefit; and

That there are circumstances that do not allow the antenna to meet the height standards for the respective zone.

Landscaping.

Communication/wireless telecommunications facilities shall contain landscape screening around any accessory structure. Landscaping shall consist of a combination of vines, ground cover, and trees of a minimum of 24-inch box size container at the time of planting.

Required landscaping may be waived at the discretion of the Review Authority.

Fencing. Communication/wireless telecommunications facilities shall be screened and enclosed by use of the following materials:

Where visible from freeways, regional or crosstown streets, or a less intensive land use district, decorative masonry block, or similar decorative materials or combination thereof shall be used; and

Where a communication/wireless telecommunications facilities site is adjacent to a residential zone or site legally in use for a residential purpose, a solid decorative block wall, a minimum six feet in height, shall be placed between the facility and the adjacent residential property. Walls up to eight feet in height may be approved at the discretion of the Review Authority.

Design Standards.

All communication/wireless telecommunications facilities shall be reviewed for compliance with the General Plan and this Title, including but not limited to the following:

A facility shall not create or increase nonconformances to the site, such as a reduction of required parking, landscaping, trash enclosures, loading zones, or other required site features.

A facility shall conform to any Specific Plan, area plan, comprehensive development plan, or other applicable development guidelines.

The height and mass of communication/wireless telecommunications facilities should be the minimum necessary for the applicant's activity, commensurate with technical, safety, and visual considerations.

Structures shall be located on existing buildings and below or integral with the skyline wherever possible.

Facilities that rise above the horizon line shall be painted in nonreflective blue or gray or other colors to blend with the surrounding environment as required by the Review Authority.

Microwave antennas shall be constructed of open mesh materials as opposed to solid materials.

Antenna structures shall be finished in a neutral color to blend in with the immediate surroundings and must not be designed as a replica of any tree species that do not naturally occur in the surrounding environment. Antennas mounted on buildings must be of a color and finish that matches that of the building and shall be screened by RF transparent materials that match the color and finish of the building.

Highly reflective surfaces conducive to glare are prohibited.

No form of advertising or identification shall be allowed on the dish or supporting structure other than a manufacturer's identification tag.

The display of any sign or other graphics on an antenna or support structure shall be prohibited except for public warning signs, which signs must be placed no higher than eight feet above the base of the antenna.

Antennas and transmitter equipment on rooftops and projecting from walls shall be screened from view unless made an integral part of the design of the building. All antennas and architectural screening shall, to the extent possible, be compatible and integrated with the existing structure. The antenna and equipment building shall be located as far from the edge of the building as possible while still maintaining system performance.

Construction Standards.

All communication/wireless telecommunications facilities shall be reviewed for compliance with structural engineering, building, electrical, and fire code standards, and other applicable construction standards. In addition, communication/wireless telecommunications facilities must comply with the following:

Antennas and structures must be designed and constructed to achieve all lateral load standards contained in the Uniform Building Code (UBC);

Any metallic support structures must be bonded to a grounding rod;

Telephone repeater stations must be installed to reduce the need for additional cell towers;

All wires, cables, and utility lines must be placed underground, except cables attached flush to the surface of a building or to the structure of the antenna. All underground wires and utility lines shall follow the path of least damage; and

Equipment must meet all manufacturer's specifications and all antennas and screens must have an outer finish with fire-resistive and corrosive-resistant material.

Conformance with PMC Chapter 12.04 (Underground Utilities). All communication/wireless telecommunications facilities that are the subject of this Section are determined to have the definition of "utility" as it is defined by PMC § 12.04.010(F) and shall be subject to the provisions of PMC Chapter 12.04 (Underground Utilities), pertaining to underground utilities and encroachment into public rights-of-way.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.95.040 Operational standards.

Time Limits. The duration of the approval period for a major facility or a minor facility shall be 10 years. An extension of the approval of the permit may be granted by the Review Authority. New conditions of approval may also be applied to an approval for extension, as may be deemed necessary based upon changing conditions or development in the surrounding area.

Subsequent EMF Report. A subsequent report shall be submitted within six months that quantifies cumulative field measurements of electromagnetic frequency (EMF) radiation power densities and exposures from all antennas installed at or near the subject site. The report shall contain a comparison of the measured results within applicable FCC standards. Failure to prepare and submit the subsequent report by the applicant, or the determination of the City that the project does not meet applicable FCC standards, may constitute grounds for revocation of the conditional use permit.

Permittees may be required to post a bond or other suitable security as a condition of the conditional use permit to guarantee removal of discontinued or abandoned facilities, and repair of damage to sites, including revegetation.

Discontinued Use. The operator of a lawfully erected facility, and the owner of the premises upon which it is located, shall promptly notify the Director in writing in the event that use of the facility is discontinued for any reason. In the event that the discontinued use is permanent, the owner(s) and/or operator(s) shall promptly remove the facility and repair any damage to the premises caused by such removal. All such removal and repair shall be completed within 90 days after the use is discontinued and shall be performed pursuant to applicable zoning and health and safety codes requirements. For purposes of this Chapter, discontinued uses shall be permanent unless the facility is reasonably likely to be operative and used within the immediately following three-month period.

Abandonment. Antennas, towers, and accessory structures that have been determined to be inoperative or abandoned for a period of six months shall be removed, unless a new application to reestablish two uses is filed with the City.

Removal by City. The City may remove an abandoned facility, repair any and all damage to the premises caused by such removal, and otherwise restore the premises as appropriate to be in compliance with applicable code at any time:

After 30 days following the notice of abandonment; or

Following a notice of the decision by the Director, subject to the owner/operator's right of appeal pursuant to this Title. The City may, but shall not be required to, store the removed facility (or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration, and storage, and shall remit payment to the City promptly after demand therefor is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed by the City to be appropriate.

Penalties. The operator of the facility and the owner(s) of the premises upon which it is located shall be in violation of this Section for failure to timely comply with any requirements hereunder. Each such person shall be subject to penalties for each such violation, pursuant to this Title.

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

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.95.050 Eligible facilities requests.

Eligible facilities requests shall be processed as a minor modification pursuant to PMC § 17.26.040 (Minor modifications to approved plans). All terms used in this Chapter shall have the same meaning as defined in 14 U.S.C. 1455 and any related Federal regulations as they may be amended from time to time.

Other Permits Required.

Notwithstanding the foregoing, any eligible facilities request shall obtain any other required permit(s) (e.g., encroachment permit, building permit) prior to commencement of construction.

For facilities in the right-of-way, see PMC Title 12 (Streets, Sidewalks and Public Places).

Application.

Each request for an exemption submitted pursuant to this Chapter shall be accompanied by a complete, duly executed minor modification application pursuant to PMC § 17.26.040 (Minor modifications to approved plans).

The granting of an eligible facilities request shall not extend the remaining term for the underlying communication/wireless telecommunications facilities.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.95.060 Change in law/ministerial permitting.

If it is determined by the City Attorney that this Title requires a discretionary permit (e.g., conditional use permit), but State or Federal law prohibits discretionary permitting requirements, such requirement shall be deemed severable, and all remaining regulations shall remain in full force and effect. Such a determination by the City Attorney shall be in writing with citations to legal authority and shall be a public record. For those facilities, in lieu of a site plan review or a conditional use permit, administrative approval shall be required prior to installation or modification of a communication/wireless telecommunications facilities, and all provisions of this Chapter that would otherwise apply to the discretionary permit shall be applicable to any such facility with the exception that the required application shall be reviewed and administered as a ministerial application by the Director rather than as a discretionary permit. Any conditions of approval set forth in this provision or deemed necessary by the Director shall be imposed and administered as reasonable time, place, and manner rules.

Notwithstanding Subsection (A) of this Section, the determination that would otherwise be made by the City Attorney may be made by the Director if the Director's determination is made upon a form approved by the City Attorney which is designed to ensure compliance with the requirements of this Chapter.

If subsequent to the issuance of the written determination pursuant to Subsection (A) or (B) of this Section, and before application approval, the City Attorney determines that the law has changed and that discretionary allowing is permissible, the City Attorney shall issue such determination in writing with citations to legal authority and all discretionary permitting requirements shall be reinstated. The City Attorney's written determination shall be a public record.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.95.070 Emergency standby generators.

General. An emergency standby generator proposed to be installed to serve a macro cell tower site shall be an allowed use and the City shall review an application to install such emergency standby generator on an administrative, nondiscretionary basis pursuant to an application filed pursuant to PMC § 17.26.040 (Minor modifications to approved plans) if it meets all of the following standards:

The emergency standby generator is rated below 50 horsepower, compliant with applicable air quality regulations, has a double-wall storage tank, not to exceed 300 gallons, and is mounted on a concrete pad;

The macro cell tower site at which the emergency standby generator is proposed to be installed is an existing site that was previously permitted by the City;

The emergency standby generator complies with all applicable State and local laws and regulations, including building and fire safety codes;

The physical dimensions of the emergency standby generator and storage tank are cumulatively no more than 250 cubic feet in volume; and

The emergency standby generator shall be located not more than 100 feet from the physical structure of the macro cell tower or base station.

Request. When the City receives an application pursuant to PMC § 17.26.040 (Minor modifications to approved plans) to install an emergency standby generator that meets the requirements in Subsection (A) of this Section, the City shall approve or deny the application within the established time limits, subject to both of the following:

If the application is determined not to be complete, the City's determination shall specify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. In any subsequent review of the application determined to be incomplete, the City shall not request the applicant to provide any new information that was not stated in the initial list of items that were not complete;

Upon receipt of any resubmittal of the application, a new review period shall begin, during which the City shall determine the completeness of the application; and

The City shall not require any new or different information for the permit applications than it routinely requires for applications for other emergency standby generators.

Timing.

A completed application that the City has not approved or denied within the established time frame or upon expiration of any tolling period shall be deemed approved.

This Section does not prohibit the City from revoking, through the appropriate process, the permit or approval status for an emergency standby generator that is determined to violate an applicable State or local law or regulation, including building and fire safety codes, or from otherwise enforcing State and local law with respect to the emergency standby generator.

Multiple Permits. When the City requires more than one permit application for the installation of an emergency standby generator, all applications submitted concurrently shall be issued within the period set forth in Subsection (B) of this Section.

Authorization. The City shall not require the applicant to submit proof of consent or other authorization from an underlying property owner as part of the initial application for an emergency standby generator permit; however, the applicant shall not install the emergency standby generator until the applicant provides documentation to the City.

Hazardous Materials Facility.

Application Fee. Applicants shall be required to pay all fees applicable to the proposed development, which fees may be established by City Council resolution.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.010 Intent and purpose.

It is the purpose of this Chapter to establish specific standards for hazardous materials facilities consistent with the Los Angeles County Hazardous Waste Management Plan and to ensure protection of the health, safety, welfare, quality of life, and the environment of the residents of the City.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.020 Definitions.

For the purposes of this Section, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

"Hazardous material"

shall mean a material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant hazard to human health and safety or to the environment if released into the workplace or the environment, as defined in California State Health and Safety Code Section 25501.

See PMC Chapter 17.16 (Definitions).

"Hazardous waste"

shall mean a waste or combination of wastes that poses a threat to human health or to the environment as defined in California Code of Regulations Title 22 Section 66261.3.

"Hazardous waste, acutely"

shall mean any hazardous waste classified as acutely hazardous by the State Department of Health Services as based on California State Health and Safety Code Section 25110.02.

"Hazardous waste, applicant"

shall mean the individual or entity submitting an application for a hazardous waste or materials facility to the City.

"Hazardous waste, auto shredder (metal shredder waste)"

shall mean the shredding of automobiles and major household appliances in a process where materials are ground into fist-size pieces resulting in a mixture of ferrous metal, nonferrous metal and shredder waste called "automotive shredder residue" or "automobile shredder residue" or "auto shredder residue (ASR)."

"Hazardous waste, auto shredder residue (metal shredder residue)"

shall mean the portion of the metal shredder aggregate that remains after ferrous metals and nonferrous metals have been separated, and before chemical stabilization occurs. Also known as: metal shredder waste, auto shredder waste, shredder residue, fluff, auto shredder fluff, recycling residue, and chemically treated metal shredder residue.

"Hazardous waste, extremely"

shall mean any hazardous waste, or combination of wastes, that upon human exposure poses a substantial risk of death, disabling personal injury or serious illness, as defined in California State Health and Safety Code Section 25115.

"Hazardous waste, facility agreement"

shall mean a binding legal document serving as an attachment to the conditional use permit approved for a facility, which may be attached as a condition to the conditional use permit, and which includes the terms, provisions, and conditions necessary to protect the public health, safety and welfare, to protect the environment of the City, and to provide special benefits and remuneration to the City for the local costs associated with the operation of a facility.

"Hazardous waste, infectious"

shall mean any of the wastes listed in California State Health and Safety Code Section 25117.5.

"Hazardous waste, land use decision"

shall mean a discretionary decision of the City Council, as defined in California State Health and Safety Code Section 25199.1(e).

"Hazardous waste, off-site facility"

shall mean a facility which provides treatment, storage, or disposal service to producers of hazardous waste other than those located at the site of the off-site facility, as defined in California State Health and Safety Code Section 25199.1(m). Generally, any facility which serves more than one producer of hazardous waste is an off-site facility.

"Hazardous waste, on-site facility"

shall mean a facility which is located on the site of a producer of hazardous waste and that is used only by that producer, as defined in California State Health and Safety Code Section 25117.12.

"Hazardous waste, processed"

shall mean any activity which alters the chemical or physical properties or composition of a hazardous waste or material.

"Hazardous waste, recycling facility"

shall mean a facility that reclaims hazardous wastes for reuse.

"Hazardous waste, residual repository"

shall mean a land disposal facility that accepts only the solid residues resulting from the treatment of hazardous wastes pursuant to standards established pursuant to California State Health and Safety Code Section 25179.6, or that accepts hazardous organic waste that is stabilized, solidified, or encapsulated.

"Hazardous waste, storage facility"

shall mean a facility which may legally store hazardous waste for specified time periods, as defined in California State Health and Safety Code Section 25123.3(a), (b) and (d).

"Hazardous waste 30-year post-closure period"

shall mean the 30-year period, starting with the certification of the closure of the hazardous waste facility by the appropriate State and Federal regulatory agencies, during which the facility owner shall continue to maintain and monitor the hazardous waste facility site pursuant to the post-closure plan required by California State Health and Safety Code Section 25246.

"Hazardous waste transfer station"

shall mean an off-site facility designed for the handling and storage of hazardous waste in order to facilitate transportation of the waste, as defined in California State Health and Safety Code Section 25123.3(c).

"Hazardous waste treatment facility"

shall mean a hazardous waste facility that uses processes designed to alter the physical, chemical, or biological character or composition of a hazardous waste, as set forth in California State Health and Safety Code Section 25123.5, except that the definition used in this Chapter excludes thermal treatment combustion processes.

"Local Assessment Committee (LAC)"

shall mean a seven-member public body appointed by the City Council to represent the interests of the community in the hazardous waste facility review process, as defined in California State Health and Safety Code Section 25199.7.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.030 Development and operational standards.

No residual repository shall be allowed in the City. All other new facilities or expansions to existing facilities shall be considered discretionary land uses and are subject to the permit requirements pursuant to the permissions table for the underlying zone in Divisions 3 through 7 of this Title.

Off-site facilities, as defined in this Chapter, shall comply with this Title and all applicable State and Federal regulations, including PRC 21000-21177.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.040 Applications.

All applications for land use decisions shall be filed with the Director accompanied by the appropriate fees as established by City Council resolution.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.050 Local assessment committee.

A Local Assessment Committee (LAC) will be formed for all proposed off-site facilities and, with the exceptions noted below, for all proposed on-site facilities. The role of the LAC is to review the application and the environmental documentation, to solicit public comments on the proposed facility application, and to recommend conditions of approval to the Review Authority. Policies and procedures for establishing and administering the LAC are generally defined in Section 25199.7 of California State Health and Safety Code and are hereby incorporated by reference. In addition, the following provisions shall also govern this process:

At the discretion of the City Council, and upon the recommendation of the Director, an LAC need not be formed for a proposed on-site storage or recycling facility which does not include an incinerator, or for any on-site facility for which an EIR is not required.

The LAC may provide comments to the City Council on the environmental document, health and environmental risk assessments, and any other necessary special studies required as a part of the facility application or associated environmental review.

The LAC will hold public meetings pursuant to the provisions of the Ralph M. Brown Act with sufficient frequency to keep the public informed of the progress of LAC review and to solicit public comments on the proposed facility.

The LAC may also recommend to the City Council that a separate body act as a "standing committee" during the facility's operational life and closure period to promote ongoing communication between the applicant and the community, and to monitor the adherence to the conditions of approval applied to the project.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.060 Contents of application.

Every application for a facility pursuant to this Title shall be made in writing to the Director on the forms provided by the Planning Division and must be in sufficient detail to facilitate thorough review. All applications shall be accompanied by the appropriate filing fees as established by City Council resolution. An application shall include, but is not limited to, the following information:

Name and address of the applicant;

Evidence that the applicant is the owner of the premises involved or that it has written permission of the owner to make such application;

A site plan drawn in sufficient detail to clearly describe the following:

Physical dimensions of the property and structures;

Location of existing and proposed structures, including elevations;

Setbacks and landscaping;

Methods of circulation and parking;

Drainage patterns;

Ingress and egress;

Storage and processing areas;

Proposed utilization of property;

The distance from the facility property line to the nearest adjacent structure, and a description and location of such structure;

The distance to nearest residences, to properties designated in the General Plan for residential use, to proposed or presently zoned residential areas, and to immobile populations;

Proximity of the proposed facility to the 100-year flood prone areas;

Proximity of the proposed facility to any known active or potentially active earthquake faults as defined by the California State Department of Mines and Geology;

The relationship of the proposed facility to all surface water bodies, and all known underground aquifers beneath the facility or beneath the ground adjacent to the facility;

Topographic description and plotting of the property and surrounding area on a topographic map;

A preliminary geological study of the property and surrounding area including data on the permeability of the substrata;

Existing and proposed utilities which service or will be required to service the facility; and

A radius and vicinity map including the project boundary;

A list of adjacent property owners and a map indicating their location relative to the proposed facility;

An environmental assessment questionnaire;

A grading plan;

A title report completed within six months of the date of facility application submittal;

A legal description of the site;

Identification of any other hazardous materials facilities presently or in the past owned or operated by the applicant, with copies of all permits and a listing of regulatory and community contracts for each facility, with their affiliations and current phone numbers;

Full disclosure of any past or present permit violations and any past or pending administrative, civil, or criminal proceedings or litigation involving any facility in any location presently or in the past owned or operated by the applicant, or proposed for operation by the applicant;

Disclosure of any past or present air, water, soil, or other property contamination that has resulted from any activity of the applicant, or that has occurred at any facility owned or operated by the applicant;

Financial statements from the applicant including proposed means for financing development of the facility, and anticipated costs and revenues associated with the operation of the facility;

Detailed information regarding how the applicant will meet State pollution liability insurance requirements for sudden and nonsudden events, and State requirements for funding closure and postclosure costs;

(N)

Identification of the amounts (in tons), sources, and types of hazardous materials to be treated or stored at the proposed facility; the geographical location of the producers; the ultimate disposition of the hazardous materials; and anticipated life of the facility. This information will be based on an actual survey of the industries to be served and be representative of the hazardous materials that will be processed at the facility;

(O)

Identification of the type(s) of processes that will be used at the facility. For any proposed facility other than storage or recycling, specification of whether any anticipated hazardous materials streams meet the definition of "recyclable material" pursuant to California State Health and Safety Code Section 25120.5 or are listed by the State as recyclable hazardous materials pursuant to California State Health and Safety Code Section 25175. If either of these conditions exist, an explanation of why these hazardous materials should not be recycled shall be provided;

(P)

Identification of all wastewaters, treated and untreated, generated by the proposed facility, the method and place of final discharge, and a copy of the required State waste discharge permit pursuant to California State Water Code, Division 2, Chapter 4, Article 4, Section 13260, et seq., and National Pollutant Discharge Elimination System (NPDES) permit applications, pursuant to 40 Code of Federal Regulations 122;

(Q)

A copy of the facility's hazardous materials storage permit application and business plan, prepared pursuant to Section 2.20.140 of the Los Angeles County Code and California State Health and Safety Code Section 25503;

(R)

An analysis of visual, noise, and any olfactory impacts associated with the proposed facility and recommended mitigation measures;

(S)

An analysis of vehicle miles traveled and any potential transportation impacts and recommended mitigation measures;

(T)

An analysis of all anticipated air quality impacts associated with the proposed facility, including the effect of wind patterns at the site, proposed mitigation measures to ensure no degradation of air quality in the area, and a copy of all required permits from the Antelope Valley Air Quality Management District, or any other agency;

(U)

Identification of any rare or endangered species of plant or animals within the proposed facility site and recommended impact mitigation measures;

(V)

Identification of any cultural resources located on the proposed facility site, including archaeological, paleontological, and historical resources, and proposed mitigation measures to ensure no significant impact on cultural resources occurs;

(W)

The results of preliminary studies of the impact of the proposed facility on real property values and local employment patterns;

(X)

A health and environmental risk assessment based on a worst-case accident scenario resulting from an upset condition involving hazardous materials. If the proposed facility will include any hazardous materials listed on the United States Environmental Protection Agency's list of extremely hazardous substances (pursuant to Federal Register Volume 52, No. 77, page 13,397), a risk management prevention program pursuant to Chapter 6.95, Article II, Section 25531 of the California State Health and Safety Code shall also be submitted. Mitigation measures for all potentially significant impacts shall be recommended. The proposed scope, protocol, and methodology of the risk assessments will be submitted to the Director for approval prior to the initiation of the risk assessments;

(Y)

A health and environmental risk assessment that analyzes, in detail, all possibilities and probabilities of accidents or spills involving hazardous materials to be used at the site, transportation-related accidents from the points of origin to the facility, and any other probabilities requested by either the Director or the Review Authority. The proposed scope, protocol, and methodology of the risk assessments will be approved by the Director prior to starting the necessary work. Such analyses shall identify mitigation measures to reduce the identified risks. The risk assessment shall identify the transportation routes which will yield the least risk of accident and environmental impact resulting from trucks hauling hazardous materials to the proposed facility;

(Z)

A plan that identifies an ongoing monitoring program of air, soil, groundwater, and other environmental systems. This plan must include any monitoring requirements imposed by other permitting agencies including, but not limited to, the Antelope Valley Air Quality Management District, the Regional Water Quality Control Board, and the State Department of Health Services;

(AA)

Documentation of how the proposed facility will serve the needs of local producers of hazardous waste, including household hazardous wastes;

(BB)

All applications must contain a designation of at least two reasonable alternative sites; and

(CC)

An application for an off-site facility must include a detailed proposed public education and participation program to be employed during the local land use decision-making process and which shall be subject to review and approval by the Director.

(Ord. 1603 § 4 (Exh. I), 2023; Ord. 1613 § 4 (Exh. I), 2023)

§ 17.96.070 Determination of completeness and processing off-site and on-site hazardous materials facility applications.

All applications for off-site hazardous materials facilities shall follow the procedures outlined within PMC Chapter 17.20 (General Review Procedures) set forth pursuant to California State Health and Safety Code Section 25199 et seq. and Government Code Section 65920 et seq., standards and locational criteria.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.080 Safety and security.

The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons, livestock, or wild animals onto any portion of the facility. At a minimum, signs with the legend "DANGER! HAZARDOUS WASTE AREA – UNAUTHORIZED PERSONNEL KEEP OUT," must be posted at each entrance to the facility, and at a minimum, shall be posted on the outside of the required perimeter fence. Minimum spacing requirements for such signage shall be determined at the time of facility application review. The sign shall be written in English and Spanish and shall be legible from a distance of at least 25 feet.

The operator shall provide a 24-hour surveillance system which continuously monitors and controls entry onto the facility.

Perimeter fencing shall be constructed in compliance with PMC Chapter 17.86 (Landscaping, Lighting, Walls, and Fences).

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.090 Monitoring.

For the purpose of ensuring compliance with all standards, conditions, and other requirements of an approved facility permit which the City is authorized to enforce, City officials or their designated representatives may at any time enter the premises.

The owner or operator of a facility must report quarterly to the Director the amount, type, and disposition of all wastes handled or processed by the facility. Included in the report shall be copies of all manifests produced within each quarter identifying the hazardous waste producers using the facility and the types of hazardous wastes delivered to the facility, and include a map showing the exact location (coordinates and elevation) of quantities and types of wastes treated or stored at the facility.

The owner or operator of a facility shall immediately send copies of all complaints related to facility operations and copies of all inspection reports and documentation of any other regulatory action, including correspondence made by other local, State, or Federal agencies, to the Director within three working days of receipt of such complaint, report, or other documentation.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.100 General conditions.

The City may impose, as necessary, conditions and standards other than those presented in this Chapter, in order to achieve the purposes of this Title and to protect the health, safety, or general welfare of the community and the environment.

Any modifications of the types and quantities of hazardous wastes to be managed at the proposed facility or significant modifications to the processes employed at the facility which were not considered in the original facility approval by the City shall be presented to the Director in writing before such modifications commence at the facility. The proposed modifications may, at the discretion of the Director, result in modification or revision of the land use application, or may require a new land use application.

Every facility shall have an emergency response contingency plan prepared pursuant to California Health and Safety Code Section 25503.5 and approved by the Los Angeles County Fire Department. A copy of the contingency plan shall be maintained at the facility and sent to the local police department, fire department, hospitals, and the Los Angeles County Department of Environmental Health. Proof of such distribution shall be provided to the Director prior to the issuance of a certificate of occupancy.

The applicant shall, prior to any City public hearing on a facility application, submit to the Department a written closure plan prepared pursuant to California Health and Safety Code Section 25246, and approved by the Department of Health Services. All revisions to such closure plan shall also be submitted to the Director within three working days of the approval of said revisions.

Prior to the issuance of a certificate of occupancy, the applicant shall provide proof to the satisfaction of the Director that it has met all of the financial responsibility requirements imposed by the Department of Health Services and any other Federal or State agency.

The applicant shall agree to indemnify, defend, and hold harmless the City, the Planning Commission, the City Council, the LAC, and all officers, employees, and agents of the City against and from all claims, actions, or liabilities relating to the land use decision or arising out of its implementation at the facility location.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.110 Findings.

In addition to the findings required for the appropriate permit pursuant to Division 2 (Review Procedures) of this Title, the following findings must be made prior to approval of a proposed facility by the Review Authority:

The proposed facility is consistent with the City's General Plan and this Title, and with the Los Angeles County Hazardous Waste Management Plan;

The proposed facility will not be detrimental to the health, safety, or general welfare of the community or to the environment. The Commission shall deny the requested conditional use permit where the findings indicate, and the City Council determines, that the applicant has failed to show that the requested use will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare or be materially detrimental to the property of other persons located in the vicinity of such use, and reasonable restrictions or conditions to permit the establishment of the proposed use will not prevent detriment or menace as indicated;

The conditions recommended by the LAC, including those not agreed to by the applicant, were considered by the Review Authority;

The past and present activities of the applicant have not resulted in any serious regulatory violations or contamination problems;

The proposed facility is or will be served by roads and all other necessary public and private service facilities and utilities. The circulation features serving the proposed facility are adequate in width and location, and are or will be improved and located in such a manner as to provide for the safe transport of hazardous wastes to the proposed facility;

The proposed facility has met or exceeded each requirement of this Title;

Health risk and environmental risk assessments have been conducted for the proposed facility based on well-defined and credible assumptions detailing the results of a "worst-case" scenario as well as all other possible or probable accidents or spills at the proposed facility, which address the potential threat to public health, safety and the environment posed by the proposed facility;

Considering the nature, condition, and development of adjacent uses and structures, no proposed facility shall be allowed where such use will adversely affect or be materially detrimental to said adjacent uses or structures;

The parcel for a proposed facility shall be adequate in size and shape to accommodate the setbacks, walls, fences, parking and loading facilities, landscaping and other project features prescribed in this Title, or as required by the Review Authority as a condition in order to integrate said use with surrounding uses; and

All potentially significant environmental impacts identified in the environmental document have been fully analyzed in compliance with CEQA, and appropriate mitigation measures have been developed and applied where necessary and incorporated into a mitigation monitoring program.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.120 Duration of land use decision.

The duration of the land use decision will be determined at the time of approval and must not exceed 10 years. The applicant will commence substantial construction of the facility within two years of the land use decision and such construction shall be pursued diligently to completion. For permit extension and expiration procedures see PMC § 17.22.070 (Post-decision procedures).

Failure to comply with the conditions of approval placed upon the facility, to implement the required CEQA mitigation strategies or provisions of this Title, or to abide by the provisions of the facility agreement will be considered grounds for permit review and revocation at the discretion of the Review Authority. Permit revocation will follow the procedures set out in PMC § 17.22.070(C).

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.97.010 Purpose.

The purpose of this Chapter is to provide standards for recycling processing facilities, recycling collection facilities, and reverse vending machines that will ensure adequate areas for collecting and loading recyclable materials that are compatible with surrounding land uses, in order to encourage the diversion of solid waste by facilitating source reduction, recycling, and composting activities.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.97.020 Development standards.

All recycling facilities, as defined in PMC Chapter 17.16 (Definitions), are subject to the following general requirements:

The Review Authority may specify the types and quantities of stored or processed materials.

Material shall be stored inside containers or within indoor or outdoor storage areas properly screened from the public right-of-way pursuant to PMC § 17.92.120 (Outdoor storage (primary and accessory)).

Recycling areas or the bins or containers placed therein must provide protection against adverse environmental conditions, including, but not limited to, rain or wind, which might render the collected materials unmarketable.

The design and construction of recycling areas shall not jeopardize security of any recyclable materials placed therein.

The recycling facility shall be constructed and maintained of durable waterproof and rustproof material.

Collection containers, fencing, and signage shall be of such color and design which are compatible with the surrounding area.

Driveways and/or travel aisles shall provide unobstructed access for collection vehicles and personnel in conformance with building code standards for garbage collection access and clearance.

A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the recycling areas.

The facility and/or containers shall be clearly marked to identify the type of material to be deposited, operating instructions and hours, and the identity and phone number of the facility operator to call if the machine is inoperative, and shall display a notice stating that no material shall be left outside the recycling facility outside of regular business hours.

Facilities shall meet the sign standards of the underlying zone designation as set forth in PMC Chapter 17.88 (Signs) unless otherwise specified; directional signs may be installed subject to approval of the Director.

The facility shall be maintained in a clean and sanitary manner free of litter and any other undesirable materials on a regular basis, including mobile facilities.

The surrounding area and transportation corridors adjacent to recycling facilities shall be adequately protected from any adverse impacts including, but not limited to, noise, odor, vectors, or glare, through measures including, but not limited to, maintaining adequate separation, fencing, and landscaping.

If the facility is located in or near an area designated or planned for residential use, the Director may require additional restrictions on the hours of operation, type of machinery used, lighting, and truck routes.

(N)

Noise generated by a facility shall not exceed maximum limits established by the Noise Element of the General Plan.

(O)

The facility shall meet all applicable requirements of the Los Angeles County Fire Department, Health Department, and Building and Safety Division.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.97.030 Recycling collection facility, large.

Large recycling collection facilities, as defined in PMC Chapter 17.16 (Definitions), shall comply with the standards pursuant to PMC § 17.97.020 (Development standards) and the following:

If the proposed facility shares a lot line with a residentially zoned property, the area used for the facility shall be separated by a minimum distance of 300 feet from the shared property line.

The facility shall be enclosed within a structure and screened from view from the public right-of-way.

Setback, landscape, screening, and lighting requirements shall be those required for the zone in which the facility is located.

Containers shall be covered when the site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule.

Adequate refuse containers for the disposal of nonhazardous materials shall be permanently maintained on site.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.97.040 Recycling collection facility, small.

Small recycling collection facilities, as defined in PMC Chapter 17.16 (Definitions), shall comply with both the development standards pursuant to PMC § 17.97.020 (Development standards) and 17.97.030 and the following:

Shall be installed as an accessory use to an existing use which is in full compliance with all applicable provisions of this Title;

Shall be no larger than 500 square feet;

Shall accept only glass, metal, plastic, and paper;

Shall use no power-driven processing equipment except for reverse vending machines;

If a mobile unit is used, all recyclable materials shall be stored in the mobile unit vehicle and shall not be left outside of the unit when the attendant is not present; mobile facilities at which trucks or containers are removed at the end of each collection day shall be cleaned of all debris at the end of each collection day;

Signs may be provided as follows:

Identification signs with a maximum sign area of 15 percent per side of a structure or 16 square feet, whichever is less. In the case of a wheeled facility, the side will be measured from the ground to the top of the container;

Signs shall be consistent with the character of the surrounding development; and

Directional signs, consistent with this Title, may be installed subject to approval by the Director if found necessary to facilitate traffic or if the facility is not visible from the public right-of-way;

No additional parking spaces shall be required for customers of a small recycling collection facility located within the established parking lot of a primary use;

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;

In no event shall small recycling collection facilities reduce the parking requirements of the project;

Small recycling collection facilities shall not be 24-hour operations; and

The architecture of any facility shall be compatible with surrounding uses in form, materials, colors, scale, and other design elements.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.97.050 Recycling processing facility, heavy.

Heavy recycling processing facilities, as defined in PMC Chapter 17.16 (Definitions), shall comply with the development standards pursuant to PMC § 17.97.020 (Development Standards) and the following:

If the proposed facility shares a lot line with a residential zoned property, the area used for the facility shall be separated by a minimum distance of 300 feet from the shared property line;

Heavy recycling processing facilities shall operate within a completely enclosed structure;

Power-driven processing shall be allowed, provided all noise level standards are met as specified within the Noise Element of the General Plan;

Setbacks, screening, lighting, landscaping standards shall be those provided for the zone in which the facility is located; and

Loose debris shall be collected on a daily basis and the site shall be secured from unauthorized entry and removal of materials when attendants are not present.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.97.060 Recycling processing facility, light.

Light recycling processing facilities, as defined in PMC Chapter 17.16 (Definitions), shall comply with the development standards pursuant to PMC § 17.97.020 (Development standards) and the following:

If the proposed facility shares a lot line with a residential zoned property, the area used for the facility shall be separated by a minimum distance of 300 feet from the shared property line;

Light recycling processing facilities shall operate within a completely enclosed structure;

Power-driven processing shall be allowed, provided all noise level standards are met as required by the Noise Element of the General Plan. Light processing facilities shall be limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials;

A light recycling processing facility shall be no larger than 45,000 square feet; shall have no more than an average of two outbound truck shipments of material per day; and shall not shred, compact, or bale ferrous metals other than food and beverage containers;

Setbacks, landscaping, screening, and lighting standards shall be those provided for the zone in which the facility is located; and

Loose debris shall be collected on a daily basis and the site shall be secured from unauthorized entry and removal of materials when attendants are not present.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.97.070 Reverse vending machines.

Reverse vending machine(s), as defined in PMC Chapter 17.16 (Definitions), shall be subject to compliance with the following standards:

Shall be installed as an accessory use to a small or large recycling collection facility which is in full compliance with all applicable provisions of this Title;

Shall be located a minimum of 10 feet and a maximum of 30 feet from the entrance to the structure and shall not obstruct pedestrian or vehicular circulation;

Shall not occupy parking spaces required by the primary use;

Shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height;

Shall have a maximum sign area of four square feet per machine, exclusive of operating instructions;

Operating hours shall be consistent with the operating hours of the primary use;

Shall be illuminated to ensure comfortable and safe operation if operating hours include hours between dusk and dawn; and

No additional parking spaces shall be required for customers of a reverse vending machine.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.98.010 Sanitary landfills.

Purpose and Intent. It is the purpose of these standards to establish specific standards for sanitary landfills where allowed. The intent is to prevent adverse visual, health, safety, and other impacts on the surrounding properties and/or the community.

Development and Operational Standards. Sanitary landfills, where listed as allowed by the permissions tables specified for the underlying zone pursuant to Divisions 3 through 7 of this Title, shall be constructed in the following manner:

Prior to the commencement of operations, the portion of the project to be used immediately for dumping purposes shall be enclosed with a fence constructed with the materials and to the height standards specified within PMC § 17.86.040 (Walls and fences) and capable of preventing access thereto by unauthorized persons. Access to the dump area shall be protected with gates and be kept closed during nonoperating periods. The location of all entrances shall be subject to the approval of the Review Authority;

An earth dike shall be constructed within the property fence along and parallel with any street or highway. Such dike shall be not less than eight feet in height above the elevation of the centerline of the paralleling street or highway and shall be so treated as to remain dust and weed free;

In lieu of said fence and dike, the Review Authority may approve the substitution of an eight-foot solid fence or decorative wall where, in the opinion of said Review Authority, such fence or wall will adequately comply with the provisions of this Section;

Salvage operations shall be prohibited on the premises;

All access roads shall be paved a distance of not less than 200 feet from the nearest paved dedicated street or highway. Such paving shall be of asphalt or other hard surfacing in conformance with the standards set forth by the City Engineer; and

All roads within the dumping area shall be oiled or hard-surfaced and maintained in order to prevent the creation of dust.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.98.020 Temporary uses.

Purpose and Intent. This Section establishes standards for uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur.

Applicability. This Section applies to the temporary uses that are allowed in the base zone pursuant to the land use permissions tables in Divisions 3 through 7 of this Title.

Uses Not Requiring a Temporary Use Permit. As allowed in the base zone, the following uses do not require a temporary use or special event permit:

City events or events in which City space is rented through the Parks and Recreation Department for a third-party event.

Yard sales as a temporary use shall be allowed subject to the following standards:

May only be held in zones where specifically listed as an allowed accessory use;

Shall last no longer than three consecutive days;

Shall be held no more than twice annually;

Shall be conducted on the property where the seller resides. Multifamily sales are allowed if they are held on the property of one of the sellers;

The merchandise offered for sale shall be limited to the personal goods of the homeowner(s) holding the sale. The offering of merchandise acquired for the purpose of resale is prohibited; and

Signs shall comply with the standards of PMC Chapter 17.88 (Signs).

Temporary outdoor storage for less than 72 hours.

Uses Requiring a Special Event Permit. A special event permit issued pursuant to PMC § 17.26.100 (Temporary use and special event permits) shall be required for the following temporary uses, pursuant to PMC § 17.26.100(H):

Parking lot and sidewalk sales.

Outdoor art and craft shows and exhibits.

Bazaars, pony rides, festivals, and similar events.

Mobile health services.

Grand openings and anniversary events.

Parades and other events conducted within the public right-of-way shall be subject to the provisions of PMC Title 12 (Streets, Sidewalks and Public Places).

Temporary Uses and Events Requiring a Temporary Use Permit. A temporary use permit issued pursuant to PMC § 17.26.100 (Temporary use and special event permits) shall be required for the following temporary uses:

Christmas tree lots, pumpkin lots, haunted houses, and firework stands, subject to the following guidelines and conditions:

Christmas tree sales, sale of pumpkins, and operation of haunted houses shall be located on commercially zoned and designated property. Fireworks stands may be located on property within any zone designations provided:

Such property is not residentially developed;

The temporary use shall be located a minimum of 200 feet from any residential use; and

The temporary use shall not be located within any area subject to a very high fire hazard severity zone designation as defined by PMC § 8.04.203 (Addition to the definitions in Chapter 7 of the Palmdale Building Code to include the local agency very high fire hazard severity zone maps).

Christmas tree sales shall be limited to the period of time between the Friday after Thanksgiving and the 25th day of December, both dates inclusive. No structures, including but not limited to poles, fences, lights, spray booths, and sheds, shall be erected or maintained on the site, and no Christmas trees shall be delivered to the site sooner than the Monday before Thanksgiving or later than the 30th day of December.

Sales of pumpkins from pumpkin lots shall be limited to the period of time between the 1st day of October and the 31st day of October, both dates inclusive. No structure, including but not limited to poles, fences, lights, and sheds, shall be erected or maintained on the site, and no pumpkins shall be delivered to or left on the site sooner than the 20th day of September or later than the 1st day of November, unless a temporary use permit has been requested for Christmas tree sales, subject to PMC § 17.26.100 (Temporary use and special event permits).

Operation of haunted houses shall be limited to the period of time between the 1st day of October and the 1st day of November, both dates inclusive. Haunted houses shall only be allowed in permanent buildings with an appropriate occupancy rating, as determined by the Director. Any temporary interior modifications shall be subject to the requirements of the Building and Safety Division.

Firework stands (occupancy and/or sales) shall be limited to the period of time between noon on the 28th of June and noon on the 5th of July. No structure, including but not limited to poles, fences, lights, and sheds, shall be erected or maintained on the site, and no fireworks shall be left on the site, before the 27th of June or after the 6th of July. Fireworks stands shall be separated from adjacent fireworks stands and other structures as required by the Los Angeles County Fire Department.

All lighting shall be directed away from and shielded from adjacent properties and streets.

Adequate provisions for traffic circulation, off-street parking, dust control, and pedestrian safety shall be provided as approved by the Director and City Engineer.

All requirements of the City shall be complied with throughout the duration of the use.

Circuses, carnivals, rodeos, concerts, shows, or similar enterprises, and any of the uses allowed with a special event permit pursuant to Subsection (D) of this Section, that operate for more than one day shall be subject to the following guidelines and conditions:

All such uses shall be located on nonresidentially zoned property;

Circuses, carnivals, rodeos, concerts, shows, or similar enterprises, shall be limited to not more than 15 continuous days, or not more than three weekends, of operation in any 180-day period. Any request to exceed this time limitation shall be determined to be a permanent use and shall be subject to the location criteria within the permissions tables in Divisions 3 through 7 of this Title, and all applicable development standards.

Any of the uses allowed with a special event permit shall be limited to not more than 10 one-day events in any 180-day period;

All such activities shall have a minimum setback of 100 feet from any residential area. This standard may be waived or modified by the Director, if it is determined that no adverse impacts would result;

Adequate provisions for traffic circulation, off-street parking, dust control, and pedestrian safety shall be provided as approved by the Director and City Engineer;

Sanitary facilities shall be provided, the number and location of which shall be approved by the City and other applicable agencies;

Security personnel shall be provided as required by the Sheriff's Department for circuses, carnivals, rodeos, concerts, shows, or similar enterprises;

Circuses, carnivals, rodeos, concerts, shows, or similar enterprises shall provide designated parking accommodations for workers and support vehicles;

Noise attenuation for generators and carnival rides shall be provided as approved by the Director;

All lighting shall be directed away from and shielded from adjacent properties and streets; and

The applicant shall obtain all applicable local, County, or State permits.

Trailer coaches, motorhomes, or manufactured/mobile homes, for use as temporary living quarters for security personnel, temporary residence of the subject applicant, or on active construction sites, where allowed by the zone. The following restrictions shall apply:

The Director may approve a temporary vehicle for the duration of the construction project, or for a specified period, but in no event for more than three years. If exceptional circumstances exist, a one-year extension may be granted by the Director;

Vehicles allowed pursuant to this Title shall not exceed a maximum gross square footage of 650 square feet in size (tongue not included) and shall have a minimum of 250 square feet for one or two persons, or a minimum of 600 square feet for occupancy by three or more persons. The unit must have a valid California vehicle license. Pickup campers shall not be allowed;

The temporary vehicle installation must meet all applicable requirements of the Los Angeles County Health Department and the City;

Any permit issued pursuant to this Title in conjunction with a construction project shall become invalid upon cancellation or completion of the Building Permit for which this use has been approved, or the expiration of the time for which the approval has been granted;

The allowed vehicle shall be removed from the parcel within 30 days of the expiration of the temporary use permit, the final clearance or the issuance of the certificate of occupancy, or the expiration of the building permit, whichever occurs first. A motor home, fifth-wheel trailer or other recreational vehicle allowed pursuant to this Title shall be disconnected from all utilities at the time of final clearance or issuance of the certificate of occupancy;

Any vehicle allowed pursuant to this Title shall be connected to approved sewage, electrical, and water facilities at all times during which the vehicle is occupied on the parcel; and

A minimum parcel size of 40,000 square feet shall be required where a vehicle is proposed to be used as a temporary residence during construction of an individual single-family residence.

Temporary Office Modules. The use of temporary structures including but not limited to trailers or prefabricated structures for use as interim offices on active construction sites may be allowed in any zone which allows the use, subject to the following requirements:

The Director may approve a temporary office module for the duration of the construction project, or for a specified period of time. If exceptional circumstances exist, one or more one-year extension(s) of time may be granted; provided, that building permit(s) for permanent dwelling(s) or structure(s) on the same parcel remain valid; that project construction is being pursued; and that the location of the temporary office does not interfere unreasonably with the project's residents or users;

Installation of such structures may occur only after a valid building permit has been issued by the City;

Vehicles or modular structures allowed pursuant to this Section shall not exceed a maximum gross square footage of 650 square feet in size (tongue not included). Where applicable, a valid California vehicle license must be affixed to the vehicle;

The temporary office module installation must meet all applicable requirements of the Los Angeles County Health Department and the City;

Any permit issued pursuant to this Title in conjunction with a construction project shall become invalid upon cancellation or completion of the building permit for which this use has been approved, or the expiration of the time for which the approval has been granted;

The allowed office module shall be removed from the parcel within 60 days following the issuance of a final clearance, the issuance of the certificate of occupancy or, where such module is used for temporary sales, upon the occupancy of the permanent sales office; and

No recreational vehicles shall be used for this purpose.

On-Site Temporary Real Estate Sales Office. A model home sales complex may be constructed within a subdivision pursuant to the approval of a temporary use permit. One model within such subdivision may be used as an office solely for the sale of homes within the subdivision and/or complex. All such complexes shall be subject to the following conditions:

The sales office shall be located within a garage or the main structure of one of the dwelling units within the subdivision;

Model home sales complex approvals shall be valid for an initial period of three years, or as otherwise approved in the temporary use permit. Upon expiration of the temporary use permit, the sales office shall be terminated, the structure restored to a residential use and all appurtenant structures related to the model home complex removed. Extensions may be granted by the Director in one-year increments or until all units are sold;

A cash deposit, letter of credit, or other security approved by the City, if applicable, shall be submitted to the City, in an amount to be established by the Director, to ensure the restoration of the sales office and the removal of parking facilities and other structures associated with the complex;

The sales office shall be used only for transactions involving the sale, rent, or lease of parcels and/or structures within the subdivision in which the sales office is located, contiguous subdivisions, or a planned community;

Street improvements and temporary off-street parking at a rate of two spaces per model, or a minimum of six spaces, whichever is greater, shall be completed as approved by the City Engineer and Director, prior to commencement of sales activities or the display of model homes;

All fences proposed in conjunction with the model homes and sales office shall be located outside the public right-of-way, except as approved by the City Engineer. An encroachment permit shall be required for any fence or structure proposed to be located within a public right-of-way;

Flags, pennants, or other on-site and off-site advertising shall be allowed and regulated pursuant to the applicable Sections of PMC Chapter 17.88 (Signs);

All model home parcels shall be fully landscaped, in conformance with this Title, the City's Landscaping Design Standards, and PMC Chapter 14.05 (Water Efficient Landscape) to produce a pleasing aesthetic environment;

Adequate on-site lighting shall be provided to ensure a safe and secure environment, while at the same time being designed and placed so as to prevent stray light or glare from becoming a nuisance factor for adjacent properties. The lighting design shall be submitted for review and approval of the Director prior to the issuance of building permits on the subject parcel;

Adequate paved access from a public right-of-way shall be provided to the model home complex and/or sales office; and

Failure to terminate the sales office, restore the structure, and remove parking facilities and associated structures, or failure to apply for an extension on or before the expiration date, may result in forfeiture of the cash deposit, a halt in further construction or inspection activity on the project parcel, and enforcement action to ensure restoration of the model complex parcel to single-family residences.

Stockpiling, subject to the following guidelines and conditions:

No stockpiling shall be allowed on undisturbed native desert vegetation without appropriate environmental review, pursuant to State law;

Stockpiled material shall not exceed a height of four feet, and should be evenly spread;

Location of stockpiled material shall not adversely impact adjacent properties or uses through creation of windblown dust, visual appearance, or other creation of an attractive nuisance;

During placement or removal of stockpiled material appropriate traffic control measures shall be taken, as determined by the City Engineer. Truck access to the stockpiling area from the adjacent right-of-way shall be approved by the City Engineer. A haul route permit shall be required to determine an acceptable traffic route to or from the project site;

Dust control measures shall be taken during stockpiling or removal operations as deemed necessary by the Director and City Engineer;

Erosion control measures on stockpiled material shall be implemented as determined necessary by the City Engineer; and

Stockpiled material shall not contain green waste, trash, composted material, sludge, or biosolid material in any combinations or quantities.

Temporary Sales of Alcoholic Beverages.

Any event sponsor or applicant that anticipates a temporary event with alcohol sales shall obtain a temporary use permit. The application shall be filed with the Planning Division at least 60 days in advance of the event.

The event sponsor is the entity determined by the City to be liable for protecting public health and safety of event participants (those who attend the event), of event operators (those who create and execute the event), and of all others affected by the actions of event participants and event operators.

Conditions of Approval. In addition to the requirements in PMC § 17.26.100(G) (Approval Requirements and Conditions), a temporary use permit for the temporary sales of alcoholic beverages shall also include the following additional conditions:

The applicant shall obtain authorization from the property owner;

The applicant shall obtain a business license and any other permits applicable for the event;

The applicant shall submit a site plan showing the event and areas that alcohol is to be sold;

The applicant shall have control over points of access to the location where alcoholic beverages are dispensed and consumed;

The applicant shall have control and containment of individuals who consume alcoholic beverages;

Los Angeles Sheriff's Department liaison shall determine the number of deputies required for security of the event based on the type and size of the event;

All alcoholic beverage servers shall have in their possession proof of completing "Responsible Beverage Service" training from the Department of Alcoholic Beverage Control;

A temporary alcoholic beverage control license shall be required for the duration of the event. A copy of the temporary license shall be submitted to the Department prior to the start of the event;

The applicant shall specify the hours of operation of the event and the hours of sale of alcoholic beverages;

(x)

The applicant shall provide commercial general liability and liquor legal liability insurance in an amount determined by the City Attorney, based on the size and type of event, and name the City, or any other agency as required by the City Attorney, and its officers, agents, employees, and volunteers as additional insureds;

(xi)

The applicant shall provide traffic and parking control as required to facilitate safe and orderly on-site and off-site traffic flow and circulation for the event including Americans with Disabilities access and fire lanes. The submitted site plan indicating traffic flow shall be approved by the Los Angeles County Fire Department prior to submittal to the Planning Division;

(xii)

The site shall be restored to its original condition after the event. The site shall be free of debris, all trash receptacles removed, temporary fencing removed, landscaping, and all disturbed asphalt shall be restored to the original condition. The applicant shall be financially responsible for any damage to the parking lot surface and landscape areas resulting from the event;

(xiii)

All proposed signage shall comply with PMC Chapter 17.88 (Signs);

All tents and other temporary structures shall require Fire Department approval. A copy of the signed plans shall be provided to the Planning Division prior to the event;

The applicant shall comply with all Los Angeles County Fire Department requirements including but not limited to fire lanes and access points, and may require on-site Los Angeles County Fire Department staff as determined by the Fire Department;

All uses involving electricity shall require an electrical permit from the Building and Safety Division;

(xvii)

The applicant shall provide sanitary facilities for the participants of the event;

(xviii)

All unimproved parking areas and main walk areas shall be kept damp or shall be covered with a material to prevent dust;

(xix)

The site shall be kept free of debris and windblown trash. The applicant shall provide an adequate number of trash receptacles based on the size of the event as determined by the Director;

(xx)

All temporary lighting shall be directed away from and shielded from adjacent parcels, streets, and public rights-of-way;

(xxi)

If live entertainment is proposed, noise generated from performances shall be directed away from residential uses and kept at an acceptable level;

(xxii)

All food vendors shall obtain a Los Angeles County Health Permit for the sale of food and drinks;

(xxiii)

A minimum deposit of $500.00 as determined by the Director shall be submitted to the Planning Division prior to the event to ensure timely compliance with temporary use permit requirements; and

(xxiv)

The applicant shall comply with all other conditions of approval for the temporary use permit.

Off-Site Model Home Sales Complexes. A model homes sales complex, when not located within the subdivision in which the models are being constructed, is considered to be an off-site model home sales complex. Off-site model home sales complexes may be permitted where allowed by the zone and subject to minor site plan review approval pursuant to PMC § 17.26.090 (Minor site plan review), and a temporary use permit by the Director pursuant to PMC § 17.26.100 (Temporary use and special event permits) and in conformance with the following criteria:

The sales office associated with the model home complex may be located only within a dwelling unit itself, or within a garage. Trailers, modulars, manufactured units, or any similarly temporary structure shall be prohibited;

All structures shall be constructed pursuant to the minimum standards of the zone in which they are located;

Street improvements and temporary off-street parking at a rate of two spaces per model, or a minimum of six spaces, whichever is greater, shall be completed as approved by the Director, prior to commencement of sales activities or the display of model homes;

All fences proposed in conjunction with the use are to be located outside of the public right-of-way except as approved by the City Engineer pursuant to approval of an encroachment permit;

Adequate on-site lighting shall be provided to ensure a safe and secure environment, while at the same time being designed and placed in order to prevent stray light or glare from becoming a nuisance for adjacent properties. The lighting design shall be submitted for review and approval by the Director prior to the issuance of building permits on the subject site;

Flags, pennants, or other on-site and off-site advertising shall be allowed and regulated pursuant to the applicable Sections of PMC Chapter 17.88 (Signs);

The approval of this permit shall be for an initial period of 36 months, at which time the use shall be terminated. Time extensions may be granted by the Director subject to the provisions contained in PMC § 17.26.090 (Minor site plan review);

Adequate paved access from a public right-of-way shall be provided to the use;

The structure shall meet all requirements of the Building and Safety Division, including but not limited to the installation of Americans with Disabilities Act compliant restroom facilities, and adequate utility facilities;

All model home parcels shall be fully landscaped pursuant to PMC Chapter 14.05 (Water Efficient Landscape) to produce a pleasing and aesthetic environment; and

(l)

Failure to terminate the sales office, restore the structure, and remove parking facilities and associated structures or failure to apply for an extension on or before the expiration date may result in forfeiture of the cash deposit, a halt in further construction or inspection activity on the project site, and enforcement action to ensure restoration of the model complex site to single-family residences.

Temporary Vehicle Sales. A temporary use permit shall be required for any off-site display and sales of three or more vehicles or vessels, including but not limited to automobiles, light trucks, recreational vehicles, trailers, campers, commercial trucks, construction equipment, boats or other watercraft, motorcycles or all-terrain vehicles, or other similar forms of motorized vehicular transport. "Off-site sales" shall mean the display and sale of three or more vehicles or vessels at a business location not open for the sales of said vehicles or vessels during regular business hours on a year-round basis.

Permit Application and Issuance.

A complete temporary use permit application must be filed a minimum of 21 days prior to the date of the proposed event. Applications filed less than 21 days from the date of the proposed event, or incomplete applications, will not be accepted.

Applications will be processed in the order they are received.

Each application shall be submitted on the form provided by the City, and shall be accompanied by:

The fee as specified within the fee resolution adopted by City Council;

Authorization from the underlying property owner; and

A site plan which shows all proposed activities including tents, shade structures, temporary fencing or barricades, generators, temporary power lines, air conditioning equipment, inflatable devices, spotlights, stages or entertainment areas, portable restrooms, trash receptacles, signage and banners, food vending activities, portable lighting, and/or jump tents and other play equipment shall be provided. If an activity is not shown and specifically approved on the site plan, it shall not be permitted. The site plan shall be adequately detailed to show all proposed activities, shall be fully dimensioned and shall be at a scale adequate to depict the proposed site and the scope of the event.

Issuance of temporary use permits shall be limited to a total of 10 permits in the City as a whole per calendar year.

Each temporary vehicle sales event shall be limited in duration to no more than five consecutive days, not including set up and strike down days which shall be approved by the Director.

There shall be a minimum 21 days between each temporary vehicle sales event.

The temporary vehicle sale event shall only be allowed in the base zone subject to the permissions tables specified within Divisions 3 through 7 of this Title.

Activities Prior to the Event.

Each participating auto dealer shall have a current City business license prior to the commencement of vehicle sales. Each participating auto dealer must also obtain all other necessary State or local permits, including but not limited to permits issued by the Department of Motor Vehicles, and said permits are required to be available for inspection on site for the duration of the event. The applicant shall be responsible for ensuring that each dealer possesses the required permits as set forth above.

All other vendors or event participants, such as food vendors or entertainers, must possess or obtain all necessary State and local permits, including but not limited to a City business license, seller's permit, or health permit, and copies of said permits are required to be available for inspection on site for the duration of the event. The applicant shall be responsible for ensuring that each event participant possesses the required permits as set forth above.

A site inspection by City staff to satisfactorily determine compliance with the approved site plan and conditions of approval is required prior to commencement of vehicle sales. The application fee shall include only one inspection. If additional inspections are required to demonstrate compliance, subsequent inspections shall be subject to the fees as set forth in the City's fee resolution.

No sales or on-site promotional activities are permitted prior to 10:00 a.m. the day of the event or prior to completion of a satisfactory site inspection, whichever occurs later.

Activities During the Event. During a temporary vehicle sales event, the subject property shall be maintained free of trash and debris and in compliance with the approved site plan and conditions of approval. In addition, the following minimum standards shall apply:

Any overhead communication wires shall be installed no less than 14 feet above the underlying grade and shall be maintained at that height until they are removed. Any temporary power lines shall be extended to the site at ground level and shall be secured in such a manner through the use of temporary ramp covers and/or mat covers so as not to constitute a trip hazard.

Any guy wire supports for tents shall be clearly marked or flagged so as to be visible to pedestrians and shall be surrounded by barricades to preclude pedestrian access.

Up to 20 temporary signs between seven and 30 square feet may be displayed. All temporary signs must be located within the area for the event designated on the site plan and may not be attached to landscaping.

Any temporary lighting installed for the event shall be shielded and shall be located in such a manner so as not to shine directly toward adjacent streets, drive aisles or residential uses. Illumination levels from the combination of any permanent lighting and any temporary lighting structures shall not exceed the illumination levels specified within PMC § 17.86.030 (Outdoor lighting).

The maximum height of any temporary poles or structures erected for the event shall be 17 feet.

Trash receptacles and restrooms, in adequate numbers as determined by the Director, shall be required and must be maintained in a sanitary condition for the duration of the event. Trash receptacles shall be emptied as needed but in no case any less frequently than twice per day. Any blowing trash or debris emanating from the event shall be collected and removed as soon as possible. Temporary restrooms shall be serviced as necessary.

At all times, surrounding drive aisles, sidewalks, and pedestrian paths shall be maintained free of obstructions, including but not limited to sales vehicles, temporary fencing, temporary structures and their supports, or any other activity or structure relating to the event. Within the event area, adequate separation between sales vehicles, temporary fencing, temporary structures, and their supports, or any other activity or structure relating to the event shall be provided to ensure adequate pedestrian circulation within the event perimeter. Event design shall avoid creating dead-end drive aisles.

No signs, promotional devices, fences, guy wires or any other feature relating to the event shall be attached or affixed to on-site landscaping or parking lot light fixtures.

Activities Following the Event. All structures, fixtures, vehicles, and trash and debris shall be removed from the site and the surrounding area prior to the end of the approved strike-down period. Any damaged or broken curbs or asphalt shall be repaired, and any disturbed landscape areas shall be revegetated to their previous condition.

Conditions of Approval. In addition to the requirements in PMC § 17.26.100(G) (Approval Requirements and Conditions), a temporary use permit for temporary vehicle sales shall also include the following additional conditions:

Pedestrian and vehicular access to the site shall not be adversely affected by the location and/or design of barricades, fencing, vehicles, or structures erected for the event. In addition, the design of the event site shall demonstrate adequate pedestrian and vehicular access, including required Americans with Disabilities Act access.

The site for the proposed event shall accommodate:

Vehicle sales and accessory uses proposed in the application;

Vehicle parking necessary for patrons of the event; and

All required vehicle parking and access for any permanent uses occupying the subject property.

At the conclusion of the event, the site shall be left in a clean condition, free of debris.

Temporary Outdoor Swap Meet. Temporary outdoor swap meet uses shall conform to the following standards in addition to all other applicable standards and regulations:

The minimum lot area shall conform with the standards set forth in the applicable zone.

All signs shall comply with PMC Chapter 17.88 (Signs).

Retail sales shall not include the sale of adult-oriented merchandise, firearms, or off-sale alcohol.

Permanent sanitary facilities shall be provided on site pursuant to City policies for commercial uses.

On-site lighting shall be installed pursuant to PMC § 17.86.030 (Outdoor lighting).

An adequate number of trash enclosures and receptacles shall be provided on site, as deemed appropriate by the Review Authority.

Food areas shall be specifically designated and provided with an adequate number of trash receptacles and seating.

Outdoor swap meets shall conform with all local, State, and Federal requirements.

Outdoor Storage (Temporary). Outdoor storage shall be subject to the following standards in addition to all other applicable standards and regulations:

All on-site storage areas for outdoor storage as a temporary use is limited to those materials directly used or produced in relation to the functional primary on-site business activity, subject to all storage and screening requirements of this Section and the applicable zone.

Location. Outdoor storage shall not be located within any required front or street side setbacks, parking, circulation, or access areas, and required landscaped areas.

Screening. Outdoor storage areas shall be screened from view from any adjacent public street or freeway, existing or planned residential area/property, or publicly accessible open space area.

Outdoor storage areas shall be paved, screened, landscaped, and lighted pursuant to the applicable Sections of this Title.

Farmers' Markets. Farmers' markets are allowed with a temporary use permit subject to the following standards:

All farmers' markets and their vendors shall comply with all Federal, State, and local laws and regulations relating to the operation, use, and enjoyment of the market premises;

All farmers' markets and their vendors shall receive all required operating and health permits, and these permits (or copies) shall be in the possession of the farmers' market manager or the vendor, as applicable, on the site of the farmers' market during all hours of operation;

All farmers' markets and their vendors shall accept forms of payment by participants of Federal, State, or local food assistance programs, including but not limited to the Food Stamps/Supplemental Nutrition Assistance Program; the Women, Infants, and Children (WIC) Farmers' Market Nutrition Program; and the Senior Farmers' Market Nutrition Program. Such forms of payment include but are not limited to coupons, vouchers, and electronic benefit transfer (EBT) cards;

All farmers' markets shall have an established set of operating rules addressing the governance structure of the farmers' market, hours of operation, maintenance and security requirements, and responsibilities and appointment of a market manager;

All farmers' markets shall have a market manager authorized to direct the operations of all vendors participating in the market on the site of the market during all hours of operation; and

All farmers' markets shall provide for composting, recycling, and waste removal pursuant to all applicable local and State requirements.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.99.010 Collocated small wind energy systems.

Purpose and Intent. It is the purpose of this Section to establish specific standards to ensure that alternative energy systems are available in the City, and that they are installed and collocated in a manner that avoids hazards to public health and safety, minimizes adverse aesthetic impacts, and ensures compatibility with the surrounding neighborhood.

Development Standards. Installation of collocated small wind energy systems (CSWES), where allowed as an accessory use subject to administrative review by a minor modification application, shall be constructed in the following manner:

Minimum Parcel Size. A minimum of 20 acres with parking lot light fixtures at a minimum height of 25 feet.

Setbacks. CSWES shall meet the following setbacks:

A distance equal to the tower height from any abutting private properties that are not part of the project site;

A distance equal to the tower height from any overhead utility lines, unless written permission is granted by the affected utility; and

A distance equal to 150 feet from any property that is residentially used or designated.

Noise. CSWES shall meet the following criteria with respect to noise:

A site-specific noise study and the manufacturer's engineered sound studies shall be submitted for review and the decibel level shall comply with the Noise Element of the General Plan; and

Decibel levels for each unit shall not exceed 65 decibels (dBA) as measured at the property line for the subject site except during short-term events including, but not limited to, utility outages and severe windstorms.

Aesthetics. CSWES shall meet the following criteria with respect to aesthetics:

All proposed replacement poles for a CSWES system shall be of the same design, shape, and color as the remaining light poles throughout the parking lot;

The wind turbine housing and the blades of the CSWES system shall not be brightly colored. The turbine housing must be white, sky colored, and/or coordinate with the color palette approved for the primary structures on site;

The physical size of the turbine shall not extend beyond three feet from the center of the pole; and

The maximum diameter of the blades shall not exceed 16 feet.

Access.

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access; and

The pole shall be designed and installed so as to not provide step bolts or a ladder.

Lighting.

A CSWES shall not be illuminated unless such lighting is required by the Federal Aviation Administration. A light temporarily used to inspect a turbine, tower, and associated equipment is permissible, providing said light is only used for inspection purposes and not left on for an extended period of time. All sites that are part of a CSWES shall comply with PMC § 17.86.030 (Outdoor lighting);

The height of the light fixture on the structure itself shall not be altered from its original height as previously allowed or as allowed by the Review Authority when collocating a CSWES in a parking lot;

All light fixture poles, including collocated poles, shall be consistent in design and color throughout the project; and

A revised photometric plan shall be submitted for review and must be prepared in compliance with PMC § 17.86.030(B) when modifications to existing site lighting are proposed.

Height. CSWES shall meet the following criteria with respect to height, measured as the vertical distance from ground level to the tip of the wind generator blade when it is at its highest point:

The maximum CSWES height shall be 60 feet at the highest point with one of the blades at its highest vertical point; and

The maximum height of the center of the turbine shall not exceed 53 feet.

Temporary meteorological (met) towers shall be allowed pursuant to the same standards as those for a CSWES facility. Approval for a temporary met tower shall be valid for a maximum of 30 days.

Signs. All signs, other than the manufacturer's or installer's identification or appropriate warnings, shall be prohibited.

Building Permit. Applicable building permits shall be required for a CSWES.

The system shall comply with all applicable Federal Aviation Administration requirements, including but not limited to Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports. These standards apply to any installation within 20,000 feet of an airport and exceeding specific heights based on specific FAA and airport parameters.

If the CSWES has been determined by the Director to be inoperative or abandoned for a period of six months, the CSWES shall be removed, unless a new application to reestablish the use is filed with the City. The City may remove an abandoned facility, repair any and all damage to the premises caused by such removal, and otherwise restore the premises as appropriate to be in compliance with applicable code at any time:

After 90 days following a notice of abandonment; or

Following a notice of decision by the Director, subject to the owner/operator's right of appeal pursuant to the PMC.

The City may, but shall not be required to, store the removed facility, or any part thereof. The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration, and storage, and shall remit payment to the City promptly after demand therefor is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed by the City to be appropriate.

Submittal Requirements. The applicant shall submit the information required by the appropriate application form, including but not limited to the following information. Applications for a CSWES shall include the following items:

Site Plan.

Property lines and physical dimensions of the subject property;

Location, dimensions, and types of existing major structures on the property;

Location of the proposed CSWES units including foundations and associated equipment;

Proposed CSWES architectural elevation drawings;

The right-of-way of any public road that is contiguous with the property;

Any overhead utility lines;

A site-specific noise study/manufacturer's engineered sound study; and

A photometric plan if existing lighting is proposed to be modified.

A perspective rendering from any abutting public way if the CSWES is visible from said public right-of-way.

Specifications of the CSWES including manufacturer and model, rotor diameter, and proposed pole height.

Typical pole foundation specifications or drawings from the wind turbine manufacturer.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.99.020 Small residential wind generator systems.

Purpose and Intent. It is the intent of this Section to establish specific standards for small residential wind generator systems (SRWGS). It is the purpose of these standards to ensure that alternative energy systems are available in the City, and that they are installed in a manner that avoids hazards to public health and safety, minimizes adverse aesthetic impacts, and ensures compatibility with the surrounding neighborhood.

Development Standards. Installation of SRWGS where allowed as an accessory use shall be constructed in the following manner:

Cage Width. The maximum cage or diameter of the system shall not exceed five feet.

The height of freestanding SRWGS shall be determined by the zoning designation as illustrated on the following table:

Table 17.99.020-1. Development Standards for Zoning Designations
Zoning Designation	Minimum Lot Size (sf)	*Maximum SRWGS Height (ft)**
LDR	1 Acre	100
SFR 1	20,000	45
SFR 2	10,000	40
SFR 3	7,000	35

Notes:
* All proposed SRWGS shall maintain all required clearances from overhead utility lines.

Roof-mounted SRWGS shall comply with applicable provisions of the California State Building Code and adopted City building codes. Certification of compliance by a State registered professional engineer is required.

Number of SRWGS Allowed. The number of SRWGS is limited to one per parcel.

Noise. SRWGS shall meet the following criteria with respect to noise:

A site-specific noise study and the manufacturer's engineered sound report shall be submitted with the required application for review. The decibel level shall comply with the Noise Element of the General Plan and the SRWGS shall not exceed 50 decibels (dBA) as measured at the property line.

Aesthetics. SRWGS shall meet the following criteria with respect to aesthetics:

The cage and the pole for the SRWGS system shall not be brightly colored. The cage and pole should be sky colored, and should coordinate with the color palette approved for the associated residence; and

The maximum diameter of the cage shall not exceed five feet.

Access. The pole shall be designed and installed so as to not provide step bolts or a ladder.

Lighting. A SRWGS shall not be illuminated unless required by the Federal Aviation Administration. A light temporarily used to inspect a turbine, tower, and associated equipment is permissible, providing said light is only used for inspection purposes and not left on for an extended period of time.

Signs. All signs, other than the manufacturer's or installer's identification, and appropriate warnings, shall be prohibited.

Building Permit. Applicable building permits shall be required for a SRWGS.

The system shall comply with all applicable Federal Aviation Administration standards, including but not limited to Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports. These standards apply to any installation within 20,000 feet of an airport and exceeding specific heights based on specific FAA and airport parameters.

If the SRWGS use has been determined by the Director to be inoperative or abandoned for a period of six months, the SRWGS shall be removed, unless a new application to reestablish the use is filed with the City. The property owner shall remove an abandoned facility, repair any and all damage to the premises caused by such removal, and restore the premises as is appropriate to be in compliance with applicable code at any time:

After 90 days following notice of abandonment; or

Following a notice of decision by the Director, subject to the owner/operator's right of appeal pursuant to this Title. The owner of the premises upon which the abandoned facility was located shall be liable for the entire cost of such removal, repair, restoration, and storage.

Site Plan.

Property lines and physical dimensions of the subject property;

Location, dimensions, and types of existing structures on the property;

Location of the proposed SRWGS including foundations and associated equipment;

Proposed SRWGS architectural elevation drawings;

Any overhead utility lines; and

A SRWGS site specific noise analysis and the manufacturer's engineered sound report.

A perspective rendering from any abutting public rights-of-way if the SRWGS is visible from said public rights-of-way.

Specifications of the SRWGS including manufacturer and model, rotor diameter, and proposed pole height.

Typical pole foundation specifications or drawings from the wind turbine manufacturer.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.99.030 Solar energy system (primary).

Purpose and Intent. It is the intent of these standards to allow utility-scale solar energy system facilities as a primary use pursuant to the permissions tables specified within Divisions 3 through 7 of this Title. It is the purpose of these standards to ensure that alternative energy systems are available in the City, and that they are sited and installed in a manner that avoids hazards to the public health and safety while minimizing adverse aesthetic impacts to the maximum extent possible.

Supplemental Information Required. Permit application for all utility-scale solar energy system facilities shall be accompanied by the following supplemental materials, unless waived by the Review Authority:

A plan for the ongoing security and inspection of the facility as applicable, which may include but is not limited to provisions for fencing, anticlimb devices, and monitoring, to prevent unauthorized access and vandalism; and

A plan for permanent dust control of the site.

Development Standards. In addition to compliance with all other applicable statutes, ordinances, standards and policies, the following standards shall apply to all utility-scale solar energy system facilities as allowed pursuant to this Chapter:

Setbacks.

Setbacks shall be those specified for primary structures within the respective zone;

Solar support structures shall not be allowed in any front or street side setback;

No minimum landscape setback along any public or private street frontage shall be required;

No transition zone setback pursuant to PMC § 17.83.030(A) shall be required;

Transition zone landscaping shall be required pursuant to PMC § 17.83.030(C); and

Where transition zone landscaping is required pursuant to PMC § 17.83.030(C), the number and types of trees required may be modified at the discretion of the Director and the City Engineer where there is the potential for shading of solar panels.

Height. The maximum height of any structure shall be that as specified for the primary structure within the respective zone.

Glare. Solar panels shall be placed such that concentrated solar radiation or glare is not directed onto nearby properties, including U.S. Air Force Plant 42, other airport related, or roadways.

Security Fencing. Utility-scale solar energy system facilities shall be enclosed by an eight-foot-high fence for security purposes. Vinyl-coated chain link or wrought iron fencing may be allowed by the Review Authority based upon a finding that no adverse visual or aesthetic impacts will occur, and the material is compatible with the surrounding area. This determination shall be made as part of the project review process. Under no circumstances shall razor, barbed, concertina wire, or electrified fencing be allowed.

Lighting. Security lighting shall be consistent with the standards of PMC § 17.86.030 (Outdoor lighting), including shielding from adjacent properties, requiring lighting to be directed downward with full cut-off features to reduce light pollution.

Signage. One project identification sign, located at each point of project ingress and egress, not to exceed 50 square feet in area and five feet in height, may be erected on the project site. No other signs shall be installed other than required safety and warning signs.

Conformance with PMC Chapter 12.04 (Underground Utilities). All utility-scale solar energy system facilities, including any new off-site transmission lines, are subject to the provisions of PMC Chapter 12.04 (Underground Utilities), pertaining to underground utilities and encroachment into public rights-of-way.

Operational Standards.

Time Limits. The maximum duration of the approval period for a utility-scale solar energy system facility shall be 25 years. An extension of the approval may be granted by the Review Authority. New conditions of approval may also be applied to an approval for extension, as may be deemed necessary based upon changing conditions or development in the surrounding area.

Discontinued Use. The operator of a lawfully erected facility, and the owner of the property upon which it is located, shall promptly notify the Director in writing in the event that use of the facility is discontinued for any reason. In the event that the discontinued use is permanent, the owner(s) and/or operator(s) shall promptly remove the facility and repair any damage to the property caused by such removal, including revegetation and road repair. All such removal and repair shall be completed within 90 days after the use is discontinued and shall be performed pursuant to all applicable zoning and health and safety code standards. For purposes of this Subsection, a discontinued use shall be permanent unless the facility is reasonably likely to be operative and used within the immediately following three-month period.

Abandonment. Structures associated with solar energy system facilities that have been determined to be inoperative or abandoned for a period of six months shall be removed, unless a new application to reestablish the use is filed with the City.

Removal by City. The City may remove an abandoned facility, repair any and all damage to the property caused by such removal, and otherwise restore the property as is appropriate pursuant to the applicable code at the following times:

After 30 days following a notice of abandonment; or

Following a notice of decision by the Director, subject to the owner/operator's right of appeal pursuant to this Title.

The City may, but shall not be required to, store the removed facility (or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration, and storage, and shall remit payment to the City promptly after demand therefor is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed by the City to be appropriate.

City Lien on Property. When the City removes an abandoned facility pursuant to Subsection (D)(4) of this Section, the cost for the removal, repair and restoration of the site, and storage of the materials shall be recouped through the placement of a lien on the real property on which the facility was located, for the full amount of the cost of removal, repair, restoration, and storage. The Director shall cause the lien to be recorded in the County of Los Angeles Recorder's Office.

(Ord. 1603 § 4 (Exh. I), 2023)

Palmdale City Zoning Code

Division 9

SPECIAL REGULATIONS

Ord- 1663_0

§ 17.90.010 Purpose.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.90.020 Applicability.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.91.010 Accessory dwelling unit and junior accessory dwelling unit standards.

Maximum Number of Accessory Dwelling Units and Junior Accessory Dwelling Units per Lot.

One detached, new construction, accessory dwelling unit and one junior accessory dwelling unit built within the existing or proposed single-family dwelling.

General ADU and JADU Requirements.

Rental Restrictions. Rental periods for accessory dwelling units and junior accessory dwelling units shall not be less than 31 days.

The accessory dwelling unit or junior accessory dwelling unit shall not be rented for periods of less than 31 days;

City/Public Utilities.

Impact Fees. No impact fees shall be imposed on a junior accessory dwelling unit or an accessory dwelling unit less than 750 square feet in size.

Easements. No accessory dwelling unit or junior accessory dwelling unit may be constructed in a location that would violate any easement unless approved in writing by the holder of the easement.

Fire Sprinkler Requirements. Accessory dwelling units and junior accessory dwelling units shall not be required to include fire sprinklers if they are not required for the primary residence.

Zone Conformity. Except as otherwise provided in this Section accessory dwelling units and junior accessory dwelling units shall conform to all other development standards of the underlying zone.

Accessory Dwelling Units – Specific Standards.

Floor Area. Accessory dwelling units shall comply with the following:

Attached Accessory Dwelling Units. The maximum floor area of an attached accessory dwelling unit shall be the higher of:

Eight hundred fifty square feet for an accessory dwelling unit with zero to one bedroom or 1,000 square feet for an accessory dwelling unit with two or more bedrooms; or

If there is an existing primary single-family dwelling, 50 percent of the square footage of the existing primary single-family dwelling.

Detached Accessory Dwelling Units. The maximum floor area of a detached accessory dwelling unit shall be 1,200 square feet.

Setbacks.

No setbacks are required for either:

Those portions of accessory dwelling units that are created by converting existing living area or existing accessory structures to new accessory dwelling units; or

The construction of a new accessory dwelling unit is in the same location and to the same dimensions as an existing structure.

Parking.

Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk and otherwise complies with parking standards specified within this Title; or

Notwithstanding the foregoing, no parking space shall be required for an accessory dwelling unit if:

It is located within one-half mile walking distance of public transit;

It is located within an architecturally and historically significant district;

It is part of a proposed or existing primary residence or accessory structure;

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or

Where there is a car share vehicle located within one block of the accessory dwelling unit.

The accessory dwelling unit was converted entirely from existing space within the single-family dwelling;

All or part of the accessory dwelling unit is above a code-compliant two car garage.

Height Limits. Accessory dwelling units are subject to the following height standards:

A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family or multifamily dwelling unit;

A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling; or

Passageway.

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

For the purposes of this Section, "passageway" shall have the same meaning as that stated in Government Code Section 65852.2 as that section may be amended from time to time.

Junior Accessory Dwelling Units – Specific Standards.

Parking. The accessory dwelling unit shall not be required to have a parking space.

Exterior Access. The junior accessory dwelling unit shall have exterior access and side and rear setbacks sufficient for fire safety.

(Ord. 1603 § 4 (Exh. I), 2023; Ord. 1658, 7/15/2025)

§ 17.91.020 Alcohol and drug treatment facility.

Development and Use Standards.

Use Restrictions. All alcohol and drug treatment facilities shall conform to the following requirements and standards:

State License Required. Each facility must obtain a license from the State. Facilities without the proper State licensing shall be prohibited;

Occupancy Requirements. Occupancy, not including on-site staff, shall be limited to persons recovering from alcoholism or alcohol and/or drug abuse;

There must be a written policy dealing with the use of drugs or alcohol;

Owners, managers, operators, and residents must ensure that the property and its use comply with all applicable State and local laws.

Property Requirements.

The parcel upon which the alcohol and drug treatment facility is located shall conform to all standards of the underlying land use designation and zone.

Location.

The facility shall provide access to necessary support services;

There shall be a 5,000-foot separation measured from the nearest outside building walls between the subject use and any sober living home or other alcohol and drug treatment facility; and

Parking. Off-street parking shall be provided pursuant to PMC Chapter 17.87 (Off-Street Parking and Loading) and the following:

All required off-street parking shall be located a maximum of 150 feet from at least one entrance to the facility;

If a shuttle stop is located on the property, shaded waiting areas and adequate and suitably striped paved areas for shuttle parking shall be provided adjacent to the shuttle stops; and

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.91.030 Caretaker's units (accessory).

Property Standards. Only one caretaker's unit shall be allowed per lot of record;

Driveway Access. The driveway serving the primary use shall also serve the caretaker's unit;

Pedestrian Access. Each caretaker's unit shall be provided with a separate outside entrance, with pedestrian access from a public street to the entrance;

Parking. A minimum of one covered parking space shall be provided on the same lot as the caretaker's unit, in addition to the required parking spaces serving the primary use; and

Setbacks. A caretaker's unit shall not be constructed within a setback area required by the zone or for the primary use.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.91.040 Cottage food operation.

Review Process. Uses subject to this Section shall be subject to the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title.

Each cottage food operation shall conform to all State and County laws, regulations, and requirements.

The cottage food operation shall be clearly incidental to the use of the structure as a dwelling.

If direct sales are proposed at the site of the cottage food operation, no third parties or customers shall be allowed to dine at the cottage food operation.

No outdoor sales shall be allowed at the site of the cottage food operation.

No cottage food operation shall sell, or offer for sale, from the residence food items prepared from that residence between the hours of 6:00 p.m. and 9:00 a.m.

Commercial delivery of items used in a cottage food operation shall be prohibited between the hours of 6:00 p.m. and 8:00 a.m.

Cottage food operations shall not create noise levels in excess of those allowed in residential areas in the Noise Element of the General Plan.

Gross annual sales shall not exceed the amount specified in California Health and Safety Code Section 113758.

The City shall have the right to inspect the premises in which the cottage food operation is located.

Lapse of Approval.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.91.050 Manufactured/mobile home parks.

General Development Standards. All manufactured/mobile home parks shall be constructed in the following manner:

Minimum Site Size. A site proposed for a manufactured/mobile home park shall be a minimum of five gross acres.

Density. The overall density of the project shall not exceed the maximum density allowed by the General Plan.

Manufactured/Mobile Home Space Standards.

Minimum Size. The manufactured/mobile home spaces in the park shall average a minimum of 3,000 square feet, but no site shall be smaller than 2,500 square feet;

Frontage. Each manufactured/mobile home space shall abut directly upon an interior drive aisle for a minimum of 30 feet.

Front setback shall be minimum 10 feet;

Rear setback shall be a minimum of 10 feet; and

Structural separation between any two dwelling units shall be a minimum of 10 feet.

Lot Coverage. Maximum space coverage (unit and its accessory structure(s)) shall be 75 percent of the manufactured/mobile home space.

Table 17.91.050-1. Amenities Per Number of Units
Units	Amenities
0 – 9	0
10 – 50	1
51 – 100	2
101 – 200	3
201 – 300	4

Notes:
Add 1 amenity for each 100 additional units or fraction thereof.

Facilities. The following facilities shall be provided in each manufactured/mobile home park:

Laundry Rooms. Every manufactured/mobile home park shall provide laundry facilities based on the number of manufactured/mobile home spaces pursuant to PMC § 17.38.070 (Dwelling unit requirements).

Storage Areas. Areas used for storage of travel trailers, boats, or other such items may be established in a manufactured/mobile home park, provided they are screened from public view.

The minimum width of any street shall be 30 feet including the curbs;

The streets shall be paved pursuant to the standards established by the City Engineer; and

Concrete roll curbs shall be provided on each side of the street. Sidewalks shall be provided along internal streets/drive aisle where deemed appropriate.

Driveways. Driveway approaches into manufactured/mobile home parks shall be delineated with interlocking pavers, rough-textured concrete, landscaped medians, or similar features.

Animal Keeping. Animal keeping at manufactured/mobile home parks shall be pursuant to the standards in PMC Chapter 17.89 (Animal Keeping).

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.91.060 Manufactured/mobile home park closures.

Definitions. Refer to PMC Chapter 17.16 (Definitions).

Application and Conversion Impact Report – Data on Manufactured/Mobile Home Owners and Park Residents – Duty to File.

The CIR shall contain the following information:

A description of any proposed new use;

A timetable for conversion of the park;

A legal description of the park;

The number of spaces in the park, length of occupancy by the current occupant of each space, and current rental rate for each space;

The date of manufacture and size of each manufactured/mobile home by space;

Appraisals of the on-site value, depreciated replacement value and removal value of the manufactured/mobile home of each eligible resident in the park;

Proposed measures to mitigate the adverse impacts of the conversion upon the manufactured/mobile home park residents; and

(m)

Application for Change of Use – Public Hearing – Findings.

Application.

Planning Commission Hearing, Findings, and Advisory Decision.

Payment of a lump sum based on consideration of the first and last month's rent and any security deposit at the new manufactured/mobile home park;

Provision of a replacement space within a reasonable distance of the closing manufactured/mobile home park;

City Council Hearing, Findings and Decision.

Measures to Prevent Avoidance of Relocation Assistance Obligations.

Compliance with Relocation Assistance Required as a Condition of Approval of a Change of Use.

Modification and Revocation of Approved Change of Use.

Modification.

Revocation.

The City Council shall render its findings and decision concerning revocation by resolution within 90 days after initiating revocation proceedings.

Expiration and Extension of Approval.

Enforcement.

The City Council may bring a civil action to enforce the terms of this Section or the terms of a resolution approving a change of use.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.91.070 Residential care facilities, large.

Development Standards. All large residential care facilities shall conform to the following standards:

Property Standards. The parcel upon which the facility is to be established shall conform to all standards of the underlying land use and zone;

Common Facilities. Large residential care facilities shall provide the following common areas which shall be centrally located and accessible to all residents:

Kitchen(s);

Dining room(s);

Laundry facilities;

Restrooms; and

Lounges that provide television and areas for socializing and sitting.

Activity areas;

Workshops;

Outdoor patios; and

Walking paths.

Table 17.91.070-1. Recreation and Entertainment Areas Standards
Standard	1 – 100 Units	101+ Units
Minimum	1,200 sf or 25 sf/unit*	1,600 sf or 10 sf/unit*

Notes:
*Whichever is greater.

Parking. Off-street parking shall be provided pursuant to PMC Chapter 17.87 (Off-Street Parking and Loading) and the following:

All required off-street parking shall be located a maximum of 150 feet from at least one entrance to the facility;

If a shuttle stop is located on the property, shaded waiting areas and adequate and suitably striped paved areas for shuttle parking shall be provided adjacent to the shuttle stops; and

Driveways. Driveway approaches shall be delineated with interlocking pavers, rough textured concrete, landscaped medians, or similar features. Stamped concrete shall be prohibited.

Other Standards.

Security and Lighting. Landscaping, screening, and other aspects of the development shall conform with the applicable standards of Division 8 (General Development Standards) of this Title.

Other Requirements. Large residential care facilities shall conform with all local, State, and Federal requirements.

Review Process. Uses subject to this Section shall be subject to the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.91.080 Sober living home.

Development and Use Standards.

No more than six persons, including live-in managers, operators, or owners, must reside on the premises;

All residents, including live-in managers, operators, or owners, must be recovering from alcohol and/or drug abuse;

There must be a written policy dealing with the use of drugs or alcohol;

Owners, operators, managers, and residents must not provide any of the following services on site as they are defined by Section 10501.a.6 of Title 9, California Code of Regulations:

Detoxification;

Educational counseling;

Individual or group counseling sessions; or

Treatment or recovery planning;

Owners, managers, operators, and residents must ensure that the property and its use comply with all applicable State and local laws.

Property Standards. The parcel upon which the sober living home is located shall conform to all standards of the underlying land use designation and zone.

Review Process. Uses subject to this Section shall be subject to the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.010 Adult-oriented businesses.

Imposing a limitation or restriction on the content of any communicative material;

Denying access by adults to adult-oriented materials protected by the First Amendment to the U.S. or State Constitution; or

Denying access by distributors or exhibitors of adult-oriented materials or entertainment to their intended market.

Definitions. For the purposes of this Section, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

Adult Motion Picture Theater.

Adult-Oriented Businesses. "Adult-oriented businesses" means any of the following:

"Adult live entertainment theater"

Establishment of an Adult-Oriented Business. As used in this Section, to "establish" an adult-oriented business shall mean and include any of the following:

The opening or commencement of any adult-oriented business as a new business;

The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business defined herein;

The addition of any of the adult-oriented businesses defined herein to any other existing adult-oriented business; or

The relocation of any such adult-oriented business.

Religious Institution. The term "religious institution" as used in this Section, is a structure which is used primarily for religious worship and related religious activities.

Specified Anatomical Areas. As used in this Section, "specified anatomical areas" shall mean and include any of the following:

Less than completely and opaquely covered human:

Genitals or pubic region;

Buttocks; and

Female breast below a point immediately above the top of the areola;

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

Any device, costume, or covering that simulates any of the body parts included in Subsection (B)(9)(a) or (b) of this Section.

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

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

Masturbation, actual or simulated; or

Excretory functions as part of or in connection with any of the other activities described in Subsections (B)(10)(a) through (c) of this Section.

Development Standards.

Location Standards.

The adult-oriented business is not proposed within 1,000 feet of any other adult-oriented business;

The adult-oriented business is not proposed within 1,000 feet of any residential use or zone whether in the City, in an adjoining city or unincorporated area; and

The adult-oriented business is not proposed within 1,000 feet of any park, religious institution, or site used for assembly by a religious organization, school, or primary alcohol use.

The distances set forth above shall be measured as a straight line from the edge of the building of the adult-oriented business to the property line so used without regard to intervening structures.

The proposed use is in compliance with this Section and PMC Chapter 5.04 (Business Regulation), to the extent such standards are not in conflict with the provisions of this Section.

Existing Adult-Oriented Businesses.

Any adult-oriented business lawfully operating on the effective date of the ordinance codified in this Section in violation hereof shall be deemed a nonconforming use.

An adult-oriented business lawfully operating as a conforming use shall not be rendered a nonconforming use by the subsequent location of:

A residential use or zone within 1,000 feet of the adult-oriented business; or

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.020 Alcoholic beverage establishments.

"Alcoholic beverage establishment"

Definitions.

shall mean an off-sale alcoholic beverage establishment or an on-sale alcoholic beverage establishment. Does not include grocery stores with incidental sales of alcohol for off-sale consumption.

"Alcoholic beverage establishment, existing nonconditional use permit"

shall mean an alcoholic beverage establishment that was lawfully operating without a conditional use permit on August 10, 2005.

"Alcoholic beverage establishment, off-sale"

"Alcoholic beverage establishment, on-sale"

Alcohol Sales, Off-Sale.

See PMC Chapter 17.16 (Definitions).

Bar/Nightclub/Lounge.

See PMC Chapter 17.16 (Definitions).

Bona Fide Restaurant.

See PMC Chapter 17.16 (Definitions).

"Break in service"

shall mean the closure of an alcoholic beverage establishment for a period of 180 consecutive days.

"High crime area"

shall mean a crime-reporting district that has more than 120 percent of the average crimes reported.

"Responsible beverage service training"

"Specific demand not currently served"

shall mean an alcoholic beverage establishment where more than 50 percent of the alcoholic beverage products sold or served are not available within one-quarter mile of the location.

"Substantial change in mode or character of operation"

shall mean without limitation that an alcoholic beverage establishment has done any of the following:

Increased its floor area by 25 percent or more;

Increased the floor area principally devoted to alcoholic beverage sales by 25 percent or more;

Converted from a bona fide restaurant to a bar or night club, or any other primary on-sale alcoholic beverage establishment;

A change of its Alcoholic Beverage Control (ABC) License from a Type 20 to a Type 21 or a Type 41 to a Type 47 or Type 48;

Had its ABC License suspended for a period greater than 30 days;

Had a break in service; or

Transferred its alcoholic beverage operations from one premises to another.

Review Process. Uses subject to this Section shall be subject to the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title.

Submittal Requirements.

The applicant shall provide the following information as part of the application for an alcoholic beverage establishment:

A vicinity map indicating the location of the proposed establishment and the distance separation from those uses specified in the location standards of this Section.

Whether the Los Angeles County Sheriff's Department determines the proposed establishment would be located in a high crime area;

Information in the surrounding area; and

The operational characteristics of the proposed establishment.

Location Standards.

Alcoholic beverage establishments within the RC, VC, MU, and PF-C zones are not subject to the location standards identified below.

Bona fide restaurants and grocery stores are not subject to the location standards below.

Alcoholic Beverage Establishments.

Table 17.92.020-1. Location Standards of New Alcoholic Beverage Establishments
Existing Uses	New On-Sale, Distance from existing use (ft)	New Off-Sale, Distance from existing use (ft)
*Public or Private TK-12 School, Learning/Tutoring Center or Commercial Day Care	500	1,000
Public Parks, Recreation Centers, or Public Libraries	500	500
**Residential Uses	500	500
Existing Bona Fide Restaurants	0	0
Existing Off-Sale Alcoholic Beverage Establishment	0	1,000
Existing On-Sale Alcoholic Beverage Establishment	0	500
Adult-Oriented Business	1,000	1,000

Notes:
* Includes existing school facilities and undeveloped school sites as identified by the applicable school district.
** Includes existing residential uses and areas designated for future residential land uses as specified on the official General Plan land use map.

It will serve a specific demand not currently served within one-quarter mile of the project location;

It will not adversely affect nearby property; or

It will not promote community blight.

Development and Operation Standards.

All Alcoholic Beverage Establishments.

All new alcoholic beverage sales activities shall be designed, constructed, and operated to conform to all of the following operational standards:

The activity shall not endanger the public health or safety or create adverse effect to the health, peace, or safety of persons residing or working in the surrounding area;

Off-Sale Alcohol Sales Establishment.

In addition to any conditions imposed by the Review Authority, off-sale alcohol sales establishments shall comply with the following development standards:

No beer or wine shall be displayed within five feet of the cash register or the front door unless such item is in a permanently affixed cooler;

No sale of alcoholic beverages shall be made from a walk-up or drive-in window;

No display or sale of alcoholic beverages shall be made from an ice tub. An "ice tub" shall be a vessel filled with ice that displays single servings of alcoholic beverages for customer self-service;

Alcoholic beverages and nonalcoholic beverages shall be stocked and displayed separately;

The establishment shall be a member of the "Business Watch Program";

Trash areas shall be able to accommodate trash, recycling, and organics collection services in compliance with PMC § 17.85.020 (Refuse and recycling) and State law;

The sales area shall be located so that the clerk and customer are fully visible from the street at the time of the sales transaction;

(x)

The cash register and sales area shall be illuminated in a manner that provides clear observation for law enforcement surveillance;

(xi)

Establishments shall be prohibited from selling single-serve containers;

(xii)

Alcoholic beverages shall not be consumed on the premises;

(xiii)

Loitering in the public right-of-way, parking area or in front of adjacent properties shall be prohibited;

The establishment shall conspicuously post the following signs:

Interior and exterior signs stating that consumption of alcoholic beverages on the premises is prohibited by law;

Coin-operated games shall be prohibited;

The sale or distribution to the customer of paper or plastic cups in quantities less than their usual and customary packaging shall be prohibited.

On-Sale Alcoholic Beverage Establishments.

In addition to any conditions imposed by the Review Authority, on-sale alcoholic beverage establishments shall comply with the following development standards:

Litter shall be removed from the exterior of the establishment as required and no less frequently than once each day the establishment is open.

Alcoholic beverages shall not be sold for consumption off the premises, unless allowed by State law under the applicable ABC license.

Exterior lighting of the parking area and premises shall be provided at a level sufficient for recognition of the features of a person at any point on the property. Lighting shall conform to PMC § 17.86.030 (Outdoor lighting) and shall not produce glare or unnecessarily illuminate nearby residential properties.

The establishment shall be a member of the "Business Watch Program."

Entertainment, as defined by PMC § 5.04.460 (Entertainment) shall not be conducted, except when approved pursuant to PMC § 5.04.400 (Adult-oriented businesses).

Training Requirement.

At a temporary use that requires a temporary alcoholic beverage sales permit;

In a new alcoholic beverage establishment; or

In an existing alcoholic beverage establishment that the City has determined has knowingly allowed nuisance activities on the premises.

Deemed Approved.

Each deemed approved use shall retain its deemed approved status as long as it complies with the following performance standards:

That it does not result in adverse effects on the health, peace or safety of persons residing or working in the surrounding area.

That it does not jeopardize or endanger the public health or safety of persons residing or working in the surrounding area.

That it does not result in repeated nuisance activities, as defined herein, within the premises or in close proximity to the premises.

That its upkeep and operating characteristics are compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

That the establishment is in compliance with the training requirements identified in Subsection (G) of this Section.

There is a substantial change in mode or character of operation; or

There is a break in service.

An appeal of the determination of the Review Authority may be made pursuant to PMC § 17.20.110 (Appeal procedures).

(Ord. 1603 § 4 (Exh. I), 2023; Ord. 1627 § 4 (Exh. A), 2023)

§ 17.92.030 Convenience markets.

General Standards. In addition to compliance with all other applicable statutes, ordinances and standards, the following location and operation standards shall apply to convenience markets:

No video or arcade type games shall be installed or operated on the premises.

The site shall not have direct access to a neighborhood street as designated by the General Plan.

All signage shall comply with PMC Chapter 17.88 (Signs).

The premises shall be kept in a neat and orderly condition at all times.

Trash areas shall be able to accommodate trash, recycling, and organics collection services in compliance with PMC § 17.85.020 (Refuse and recycling) and with State law.

All public restrooms shall be accessible only from inside the market.

Any security lighting, site lighting, or illuminated signage shall be designed and/or directed so as not to adversely affect adjacent residential areas.

The minimum site area shall be 10,000 square feet, unless the convenience market includes the sale of fuel, then the site standards within PMC § 17.92.070(B)(5) shall also apply.

Parking shall be provided pursuant to PMC Chapter 17.87 (Off-Street Parking and Loading).

The cashier area shall be equipped with a telephone.

Alarm buttons or other activation devices shall be placed at the cash register site, in the administration office, and in any other locations deemed appropriate by management.

Any delivery and/or receiving door(s) shall be equipped with a peephole/vision panel and a delivery notification system.

A security height marker shall be installed on all public entrances/exits.

The premises, while open or closed for business after dark, shall be sufficiently lit by the use of interior night-lights.

(18)

The use of an ultraviolet light shall be required to verify all identification presented.

(20)

The establishment shall be required to register in the City Business Watch Program and receive merchant fraud training through the Public Safety Division.

Review Process. Uses subject to this Section shall be subject to the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.040 Conversion of residential structures to nonresidential uses.

Development Standards. The following standards shall apply to any residential structure converted to a nonresidential use:

If the access drive to the rear of the lot is less than 20 feet in width, a turnaround shall be provided, and clear sight shall be provided between the driveway and the rear of the lot;

The structure shall be connected to a public sewer system; and

Additional landscaping may be required to buffer the nonresidential use from adjacent residential uses at the discretion of the Review Authority.

All applicable lighting and trash requirements of PMC Chapter 17.85 (Utilities and Services) and PMC Chapter 17.86 (Landscaping, Lighting, Walls, and Fences) shall apply.

No sign shall be internally illuminated;

No neon lighting shall be allowed;

Monument signs shall not exceed a height of four feet or an area of 32 square feet; and

No window signs shall be allowed other than those required by the City, State, or other agency.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.050 Drive-through restaurants and drive-through services.

Vehicle Reservoir Areas.

Each reservoir space shall be a minimum of 12 feet wide and 20 feet long. Reservoir areas shall not block aisles, driveways, or access to parking spaces.

Development Standards.

Drive-through aisles shall have a minimum 15-foot width on curves and a minimum 12-foot width on straight sections, with a minimum inside turning radius of 15 feet.

Drive-through aisles and structures shall be set back from the ultimate curb face of an adjacent public right-of-way a minimum of 20 feet, or as otherwise determined by the Review Authority.

Other than menu boards, signs for drive-through restaurants and services shall conform to PMC Chapter 17.88.

The location standard described in Subsection (C)(9) of this Section shall not apply if:

The proposed drive-through restaurant establishment does not require more than 10 vehicle queuing spaces;

The proposed drive-through restaurant establishment is situated on a parcel of at least one acre and is approved concurrently with a larger development; and

The proposed drive-through restaurant establishment will not constitute the fourth drive-through restaurant establishment within a 500-foot radius.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.060 Family day care center.

Location.

Table 17.92.060-1. Development Standards for Family Day Care Centers
Adjacent Use	Requirement	Notes
Gasoline pump, underground gasoline storage tank, or any other storage of explosive or hazardous materials	Min. 300 ft	*
Alcohol related use (primary or incidental)	Min. 500 ft	Uses defined by PMC § 17.92.020 (Alcoholic beverage establishments)
Adult-oriented business	Min. 1,000 ft	Defined by PMC Chapter 17.16 (Definitions)
Areas subject to community noise equivalent level (CNEL) of 65 or greater	Family day care centers are prohibited	See General Plan Map Figure 8.4 for details *
Industrial zones	Only allowed as an accessory use to serve employees on the site.	*

Notes:
* In approving a location for a family day care center facility, the City shall evaluate any adverse effects which may impact children from excessive traffic, air emissions, noise, adjacent land uses, or other environmental issues affecting the proposed site.

Drop-Off Areas. To provide for the safe pickup and delivery of children, drop-off areas:

Shall be provided pursuant to PMC Chapter 17.87 (Off-Street Parking and Loading);

Must be located near the facility entryway, in such a way that children will not have to cross the parking lot or any traffic areas to enter the building;

Must be located and designed so that there shall be no queueing of vehicles on the adjacent street or public right-of-way; and

Should be designed with a one-way circulation pattern, when feasible.

Play Spaces.

Table 17.92.060-2. Development Standards for Play Spaces
Type	Minimum Requirement per Child (sf)	Notes
Outdoor	75	Must be fenced.
Indoor	35

Restroom facilities shall be provided with a minimum of one toilet for every 15 children.

Signage, landscaping, lighting, screening, and trash enclosures shall be provided pursuant to Division 8 (General Development Standards) of this Title.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.070 Fueling station/vehicle and equipment services and repair.

Development and Operation Standards. Uses subject to this Section shall comply with the following standards in addition to all other applicable requirements:

All activities, operations, sales, and storage shall be entirely within an enclosed structure, except the following:

The dispensing of petroleum products, other fuels, EV charging, water, and air;

The provisions of emergency service of minor nature;

The sale of items via vending machines; and

Repair may be allowed outside only when conducted within an area that is completely screened from public view.

Opening of service bays shall not face public rights-of-way and shall be designed to minimize visual intrusion onto adjoining properties.

All parking, loading, circulation aisles, and pump island bay areas shall be constructed with plain cement concrete.

Site Standards.

Table 17.92.070-1. Development Standards for Fueling Stations/Vehicle and Equipment Services and Repair
Standard	Requirement	Notes
Interior drive aisle width	Min. 30 ft	Width between pump islands
Distance between curb cuts	Min. 150 ft
Driveway width	Max. 36 ft at the sidewalk
Landscaping	Min. 15% of site area	Does not include required setbacks. Must be provided and permanently maintained according to the standards provided in PMC Chapter 17.86 (Landscaping, Lighting, Walls, and Fences) and as required by the Review Authority
Signs	Shall conform to all applicable sign provisions in PMC Chapter 17.88 (Signs)

Parking and Storage.

Outside storage of motor vehicles shall be prohibited.

No vehicles may be parked on sidewalks, parkways, driveways, or aisles.

No vehicle may be parked on the premises for the purpose of offering the vehicle for sale.

No used or discarded automotive parts or equipment or disabled, junked, or wrecked vehicles may be located in any required parking space, or in any open area outside the main structure.

Display areas, storage areas, and customer parking areas shall be separated and clearly distinguished from each other.

Lighting shall conform to PMC § 17.86.030 (Outdoor lighting).

Restrooms shall only be accessed from the building interior.

Bells or loudspeakers shall be prohibited.

Service and Repair Uses.

Service and repair services shall be limited to minor vehicle repair (as defined in PMC Chapter 17.16 (Definitions)).

Services and repair facilities shall be subject to the development review process specified by the applicable zone.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.080 Kennels/boarding, commercial.

Development and Operation Standards. Kennels shall be established and operated pursuant to the following requirements:

Table 17.92.080-1. Development and Operation Standards
	Standard
Minimum lot size	Minimum lot size of 20,000 sf in the ER and LDR zones. No minimum lot size for all other zones.
Kennels as accessory use	Allowed on parcels containing a dwelling unit for residence of kennel operator in the ER and LDR zones.
Kennel operation	Must comply with Los Angeles County Animal Control office standards for construction and operation.
Off-street parking for kennels	Minimum 5 spaces Must comply with PMC Chapter 17.87 (Off-Street Parking and Loading)
Kennel signage	Must comply with PMC Chapter 17.88 (Signs)
Disposal of animal waste	Must comply with applicable Federal, State, and local laws.
Location of animal enclosures	Must comply with PMC § 17.89.030(C)

Review Process. Uses subject to this Section shall be subject to the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.090 Massage establishment (accessory).

Massage establishments as an accessory use may be provided as follows:

As an accessory use in conjunction with an approved medical practice, when allowed in the zone where the primary use is allowed.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.100 Outdoor dining (accessory).

Development and Operational Standards. Any outdoor dining area shall be developed and operated in conformance with the following standards in addition to any other applicable standards:

Where Allowed.

An outdoor dining area may be established where allowed by the permissions tables in the underlying zone specified within Divisions 3 through 7 of this Title.

Dining Area Location and Design Requirements.

Any outdoor dining area located on the public sidewalk must be immediately adjacent to and abutting the associated restaurant.

The length of the outdoor dining area shall extend no further than the actual street side or interior property line or tenant space of the associated restaurant.

Any outdoor dining area located within the public right-of-way must also provide proof of sufficient liability insurance to the satisfaction of the City Engineer.

No signs are allowed within any outdoor dining area, except for the name of the operating establishment on awning(s) or umbrella valance(s).

Furniture.

All tables and chairs shall be set back not less than three feet from any curb and from any street or barrier and shall not be situated within eight feet of any designated bus stop.

The following additional requirements apply to outdoor dining areas:

Hours of operation shall be identical to those of the adjacent restaurant, unless reduced by the Review Authority; and

Review Process.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.110 Outdoor display.

Development Standards. Outdoor display shall be subject to the following standards in addition to all other applicable standards and regulations:

Only those goods and services associated with the primary use may be stored, sold, or displayed.

Where allowed, such outdoor display areas shall be paved, screened, landscaped, and lighted pursuant to the applicable Sections of this Title.

Hours of operation for outdoor display shall be consistent with the hours of operation for the corresponding primary use.

Review Process. Uses subject to this Section shall be subject to the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.120 Outdoor storage (primary and accessory).

Development Standards. Outdoor storage shall be subject to the following standards in addition to all other applicable standards and regulations:

Location. Outdoor storage shall not be located within any required front or street side setbacks, parking, circulation, or access areas, or required landscaped areas.

Primary and accessory outdoor storage areas shall be paved, screened, landscaped, and lighted pursuant to the applicable Sections of this Title.

Parking. Parking for permanent outdoor storage as a primary use shall be provided pursuant to PMC Chapter 17.87 (Off-Street Parking and Loading).

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.130 Pawnshops.

Conditional Use Permit Requirement.

No new pawnshop shall be established unless a permit has first been obtained pursuant to PMC Chapter 17.22 (Conditional Use Permits).

Development and Operation Standards. In addition to any conditions imposed by the Review Authority, pawnshops shall comply with the following development standards:

The pawnshop shall comply with all applicable local, State, and Federal laws.

The establishment shall not engage in any transaction with any person under 18 years of age.

The cashier area shall be equipped with a CCTV/security system with digital recording, playback capability, and single image retrieval to aid in criminal apprehension. The recorder should be housed in a secure room away from the cash register/counter area. The recording field shall include the cash register area, customer counter area, and areas where customers are entering/exiting the establishment. Camera(s) focused on the entry/exit should be mounted and angled to capture customers' faces. Camera(s) should be used in conjunction with public view monitor(s) to create public awareness that a video surveillance system is in place and to discourage criminal acts. Recordings shall be maintained for a minimum of 90 days.

The cashier area shall be equipped with a telephone.

Alarm buttons or other activation devices shall be placed at the cash register site, in the administration office, and in any other locations deemed appropriate by management.

Outside hinges on all exterior doors shall be installed with nonremovable pins when pin-type hinges are used or shall be installed with hinge studs, to prevent removal of door.

Any delivery and/or receiving door(s) shall be equipped with a peephole/vision panel and a delivery notification system.

A security height marker shall be installed on all public entrances/exits.

The premises, while open or closed for business after dark, shall be sufficiently lit by the use of interior night-lights.

The use of an ultraviolet light shall be required to verify all identification presented.

The establishment shall be required to register in the City Business Watch Program and receive merchant fraud training through the Public Safety Division.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.140 Pet daycare.

Development and Operation Standards. Pet daycare facilities shall be established and operated pursuant to the following standards:

Pet daycare facilities shall be conducted and operated pursuant to standards established by the Los Angeles County Animal Care and Control Department (Los Angeles County Code, Title 10 – Animals).

Solid fencing, a minimum eight feet in height, shall be provided around all outdoor exercise areas pursuant to PMC § 17.86.040(C).

Unattended outdoor exercise areas shall be visually screened from other exercise areas such that pets cannot see each other.

The disposal of animal waste shall be pursuant to applicable Federal, State, and local laws.

The location of any animal enclosures shall be pursuant to development standards of the base zone specified within Divisions 3 through 7 of this Title.

Off-street parking shall be provided pursuant to PMC Chapter 17.87 (Off-Street Parking and Loading); however, in no event shall the number of spaces be less than five.

All signage shall comply with the provisions of PMC Chapter 17.88 (Signs).

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.150 Smoke shop.

Conditional Use Permit Requirements.

No new smoke shop use shall be established unless a permit has first been obtained pursuant to PMC Chapter 17.22 (Conditional Use Permits).

In addition to the information required by PMC Chapter 17.22 (Conditional Use Permits), the following shall be included with the conditional use permit application:

A vicinity map indicating the location of the proposed establishment and the distance separation from those uses specified in the location standards of this Section.

Location Standards.

A new smoke shop use shall be separated from sensitive uses based on the location standards specified below:

Table 17.92.150-1. Location Standards for Smoke Shops
Use	Distance Requirement (ft)
*Public or Private TK-12 School or Family Day Care Center	1,000
Hospitals, Public Parks and Libraries, and Commercial Recreation and Sports	1,000
Existing Smoke Shops	1,000

Notes:
* Includes both existing school facilities and undeveloped school sites as identified by the applicable school district; excludes small and large residential care facilities.

For purposes of this Section, measurement shall be made pursuant to PMC § 17.17.020 (Measuring distances).

Development and Operation Standards. In addition to any conditions imposed by the Review Authority, retail sales of tobacco and smoking products shall comply with the following development standards:

The smoke shop shall comply with all applicable local, State, and Federal laws regarding the advertising, display, or sale of tobacco/smoking products.

The establishment shall be required to register in the City Business Watch Program and receive merchant fraud training through the Public Safety Division.

Litter and trash receptacles shall be conveniently located inside and outside the establishment, and trash and debris shall be removed from the receptacles on a daily basis.

Loitering in the public right-of-way, parking area and in front of the property or adjacent properties shall be prohibited.

No person shall commence tobacco retailing until that person first or concurrently obtains a smoke shop's permit pursuant to PMC § 5.04.480 (Tobacco/smoking product retailer).

The establishment shall conspicuously post the following interior sign stating:

We ID everyone under 27 years of age for tobacco sales.

Training Requirements.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.160 Swap meet, outdoor.

Development Standards. Outdoor swap meet uses shall conform to the following standards in addition to all other applicable standards and regulations:

The minimum lot area shall conform with the standards set forth in the applicable zone.

Parking shall be provided pursuant to PMC Chapter 17.87 (Off-Street Parking and Loading).

All signs shall comply with PMC Chapter 17.88 (Signs).

Retail sales shall not include the sale of adult-oriented merchandise, firearms, or off-sale alcohol.

Permanent sanitary facilities shall be provided on site pursuant to City policies for commercial uses.

On-site lighting shall be installed pursuant to PMC § 17.86.030 (Outdoor lighting).

Trash areas shall be able to accommodate trash, recycling, and organics collection services in compliance with State law.

Outdoor swap meets shall conform with all local, State, and Federal requirements.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.170 Tattoo/body art/piercing establishments.

Conditional Use Permit Requirements.

No tattoo/body art/piercing establishments use shall be established unless the appropriate approval has first been obtained pursuant to the permissions tables in Divisions 3 through 7 of this Title.

In addition to the information required for the permit pursuant to Division 2 (Review Procedures), the following shall be submitted with the application:

A vicinity map indicating the location of the proposed establishment and the distance separation from those uses specified in the location standards of this Section.

Location Standards.

An establishment shall be separated from existing uses based on the location standards specified below:

Table 17.92.170-1. Development Standards for Tattoo/Body Art/Piercing Establishments
Existing Uses	Distance Requirement (ft)
Other Tattoo/Body Art/Piercing Establishments	500
*Public or Private TK-12 School or Family Day Care	500
Public Parks and Recreation Facilities, Public Libraries, or Trails, Excluding Bike Lanes	500
On-Sale Alcoholic Beverage Establishments	500

Notes:
* Includes both existing school facilities and undeveloped school sites as identified by the applicable school district.

For purposes of this Section, measurement shall be made pursuant to PMC § 17.17.020 (Measuring distances).

Development Standards. In addition to any conditions imposed by the Review Authority, tattoo/body art/piercing establishments shall comply with the following:

No tattoo or body piercing shall be performed without first obtaining "informed consent" from a client, as required by the County of Los Angeles Department of Public Health.

No establishment shall provide services to any person who is younger than the minimum age established by State law.

Amplified sound, loud music, shall not be audible outside of the premises.

The establishment shall be required to register in the City Business Watch Program and receive merchant fraud training through the Public Safety Division.

Litter and trash receptacles shall be conveniently located inside and outside the establishment, and trash and debris shall be removed from the receptacles on a daily basis.

Loitering in the public right-of-way, parking area and in front of the property and adjacent properties shall be prohibited.

The establishment shall conspicuously post the following interior sign stating:

We ID everyone under 27 years of age for any request for our services.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.180 Vehicle washing and detailing.

The vehicle washing and detailing use shall only operate between the hours of 7:00 a.m. to 9:00 p.m. daily unless otherwise approved by the Review Authority.

Vehicle washing and detailing uses shall utilize a water recycling system incorporating best management practices (BMPs).

Signs shall be posted prohibiting loitering and amplified music at the subject site. Such signs shall be posted within the customer self-service area/vacuum areas.

Outdoor waxing, buffing, detailing, and engine steam cleaning shall be screened from the public right-of-way.

The applicant shall provide a floor plan identifying the areas utilized for retail sales. All proposed retail sales shall comply with the applicable requirements of this Title.

No video or arcade games shall be located on the premises.

The premises shall be kept in a neat and orderly condition at all times.

Trash receptacles shall be provided at the building entrance and at convenient locations within the customer self-service area/vacuum areas.

All public restrooms that are provided shall be accessible only from inside the customer waiting area.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.92.190 Veterinary hospitals.

Development and Operation Standards.

The following standards shall apply to any veterinary hospital established in the City:

Off-street parking facilities shall be provided as required by PMC Chapter 17.87 (Off-Street Parking and Loading). In no event shall the number of parking spaces provided be less than five;

All signage shall comply with the provisions of PMC Chapter 17.88 (Signs);

The buildings and equipment on the premises shall be kept in a clean and sanitary condition at all times; and

The following standards shall apply to veterinary hospitals established in the ER and LDR zones:

No hospital shall be established on a parcel containing less than five gross acres;

Veterinary hospitals shall be allowed only as an accessory use on parcels which contain a dwelling unit in which the veterinarian resides; and

The practice may include large or small animal patients.

The following standards shall apply to veterinary hospitals allowed in zones other than ER and LDR zones:

The practice shall be limited to small animals and shall include only dogs, cats, and other household pets;

Landscaping, screening, and other aspects of the development shall conform with the applicable standards of Division 8 (General Development Standards) of this Title.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.93.010 Commercial vehicle parking as a primary use.

Development Standards. Commercial vehicle parking as a primary use shall conform to the following standards in addition to all other applicable standards and regulations:

Any site used for commercial vehicle parking under this Section shall provide one parking space for each commercial vehicle to be parked on site.

Parking areas designated for commercial vehicle parking shall comply with minimum dimension and turning radii requirements as specified by the City Engineer.

No inoperable vehicles shall be parked on the portion of the site that is designated and established for commercial vehicle parking.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.93.020 Ministorage warehousing or facility.

Development Standards. Ministorage warehousing or facilities shall be subject to the following standards in addition to all other applicable standards and regulations:

The minimum site area shall be 100,000 square feet.

A minimum of two different types of materials;

Cornice or similar treatment; or

Tile insets or similar elements.

Building and perimeter wall colors shall be finished with earth toned materials. Accent colors may be utilized.

Aisle width shall be a minimum of 26 feet between interior buildings, which shall remain unobstructed.

Residential quarters for a manager or caretaker may be provided pursuant to PMC § 17.91.030 (Caretaker's units (accessory)).

Parking shall be consistent with PMC § 17.87.060 (Required vehicle spaces).

At minimum 25 percent of the required parking (excluding parking required for the caretaker's residence), but no less than two spaces, shall be located outside of any vehicle restricting gates.

If the project contains a manager's or caretaker's unit, the unit shall provide building articulation and design compatible with the ministorage warehousing or facility buildings.

Trash enclosures shall be placed at locations convenient to all storage units and comply with PMC Chapter 17.85 (Utilities and Services).

Any vehicle storage (RV, boat, etc.) shall be covered and completely screened from view from the public right-of-way.

No flammable or otherwise hazardous materials shall be stored on site.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.93.030 Salvage yards.

Development Standards.

The minimum site area shall be five acres.

All repair activities and vehicle loading and unloading shall be appropriately screened from public view and shall not occur within adjacent streets and alleys.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.93.040 Vehicle towing/impounding.

Development Standards.

Salvage yard operations shall not be allowed, unless the use is otherwise allowed in the applicable zone.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.94.010 Community assembly uses.

Development Standards. All community assembly uses shall comply with the following standards in addition to all other applicable statutes, ordinances, and standards:

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.94.020 Emergency shelters.

Development Standards. All emergency shelters must conform to the following standards:

Property Standards. The parcel upon which the emergency shelter is established shall conform to all standards of the underlying land use and zone.

Occupancy Limitations. Nightly sleeping accommodations provided for homeless persons shall be limited to occupancy of six months or less.

Minimum Provisions.

Emergency shelters shall provide a minimum of 35 square feet of sleeping area per bed;

Emergency shelters shall provide a minimum one toilet, sink and shower for every 15 beds, or as otherwise required by the Uniform Building Code; and

Emergency shelters shall provide on-site supervision at all times. At least one full-time equivalent employee must be provided for every 20 beds.

Common Areas. Any living, dining and/or kitchen areas shall be physically separated from sleeping areas.

Hours of Operation. Emergency shelters operations shall be limited to the hours between 6:00 p.m. and 8:00 a.m.

Parking. Off-street parking shall be provided pursuant to PMC Chapter 17.87 (Off-Street Parking and Loading).

Accessibility. The shelter shall comply with the Americans with Disabilities Act standards.

Other Standards. Emergency shelters shall conform with all local, State, and Federal requirements.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.94.030 Golf courses.

Development Standards. Golf courses must be constructed in the following manner:

The design and irrigation of the golf course shall incorporate the use of native and drought-tolerant vegetation and other water conservation techniques.

Treated effluent shall be used for irrigation where available and feasible.

Perimeter walls or fences shall provide a viewshed window design along all public rights-of-way, incorporating a mix of pilasters and wrought iron fencing or equivalent treatment.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.94.040 Social service facilities with congregate meal facilities.

Development and Operational Standards. All congregate meal facilities must comply with the following standards:

Property Requirements. The parcel upon which the congregate meal facility is established shall conform to all standards of the underlying land use and zone.

Clientele Requirements. Meals shall be provided only to families or individuals who are experiencing homelessness, low-income, seniors, or persons with disabilities.

Distance Requirements. Congregate meal facilities shall be separated from uses based on the location standards specified below:

Table 17.94.040-1. Separation Standards for Congregate Meal Facilities
Existing Use	Distance Requirement (ft)
*Another congregate meal facility or transitional housing facility	1,320
Public or private TK-12 school or learning/tutoring center	500
Any single-family residential zone or use	150

Notes:
* Measured from property line to property line.

Hours of Operation. Congregate meal facilities shall only operate between the hours of 6:00 a.m. and 8:00 p.m.

Parking. Off-street parking shall be provided pursuant to PMC Chapter 17.87 (Off-Street Parking and Loading).

Service Restrictions.

All activities associated with the facility, including the serving of food and beverages, shall occur within an enclosed building;

Overnight accommodations shall be prohibited;

Drive-up or drive-through service shall be prohibited;

Live entertainment shall be prohibited; and

Distribution or consumption of alcoholic beverages on the premises shall be prohibited.

Accessibility. The facility shall comply with the Americans with Disabilities Act standards.

Other Standards. Congregate meal facilities shall conform with all local, State, and Federal requirements.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.95.010 Communication/wireless telecommunications facilities.

"Antenna/antenna structure"

Definitions. For the purposes of this Section, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

"Antenna"

shall mean that part of a communication facility designed to radiate or receive radio frequency signals.

"Antenna, amateur radio"

shall mean collectively the antenna and its supporting structure, if any.

"Antenna/antenna structure height"

shall mean the distance from the highest point of the antenna/antenna structure to the natural grade at the point the structure touches, or, if extended, would touch the ground.

"Antenna, compact horizontal"

shall mean a horizontal antenna the longest dimension (boom or element) of which does not exceed 10 feet.

"Antenna, ground-mounted"

means mounted to a telecommunications tower.

"Antenna, horizontal" or "horizontal array"

shall mean an antenna with horizontally oriented radiating element(s) and/or boom other than a compact horizontal antenna.

"Antenna, nested position"

shall mean the position in which a retractable antenna/antenna structure is fully retracted.

"Antenna, single element wire"

shall mean an antenna consisting of a single wire typically made of 14 or 12 gauge copper clad wire attached and suspended between supports.

"Antenna structure"

shall mean the supporting mast, pole, or tower of one or more antenna(s).

"Antenna structure, retractable"

shall mean an antenna structure that is designed to be adjusted in height in order to be extended while the antenna is in use but lowered in a retracted position when the antenna is not in use.

"Antenna, vertical or whip"

shall mean an antenna that extends vertically, directly up from its base or structural support.

"Cellular"

shall mean an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell sites.

"Collocation"

shall mean the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes.

"COW"

shall mean a "cell on wheels," which is a communication facility temporarily rolled in or temporarily installed.

Communications/Wireless Telecommunications Facility.

See PMC Chapter 17.16 (Definitions).

Communication/Wireless Telecommunications Facility, Major.

See PMC Chapter 17.16 (Definitions).

Communication/Wireless Telecommunications Facility, Minor.

See PMC Chapter 17.16 (Definitions).

"Eligible facilities request"

"Macro cell tower site"

"Modification"

"Monopole"

"Small wireless facility"

shall have the meaning set forth in 47 C.F.R. Section 1.6002(l), as that regulation may be amended or superseded.

"Stealth telecommunications facility"

"Substantial modification"

For towers outside the public rights-of-way, a substantial change occurs when:

The proposed collocation or modification increases the overall height more than 10 percent or the height of one additional antenna array not to exceed 20 feet (whichever is greater);

The proposed collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or

For towers in the public rights-of-way and for all base stations, a substantial change occurs when:

The proposed collocation or modification increases that overall height more than 10 percent or 10 feet (whichever is greater);

The proposed collocation or modification increases the width more than six feet from the edge of the wireless tower or base station;

The proposed collocation or modification involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets;

The proposed collocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground.

In addition, for all towers and base stations wherever located, a substantial change occurs when:

The proposed collocation or modification would defeat the existing concealment elements of the support structure as determined by the City; or

As to all measurements set forth herein, the following principles shall govern:

Any threshold or limit of height increases are cumulative or collective; or

"Telecommunications tower"

shall mean a freestanding mast, pole, monopole, guyed tower, lattice tower, freestanding tower, or other structure designed and primarily used to support communication facility antennas.

"Transmission equipment"

shall have the same meaning as provided in 47 C.F.R. Section 1.40001(b)(8), as may be amended.

"Wireless telecommunications services"

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.95.020 Permits required.

The Review Authority may refer a conditional use permit to the City Council for approval.

The Review Authority shall approve a conditional use permit if all of the following apply:

The facility will comply with all applicable laws including, but not limited to:

The Americans with Disabilities Act;

All applicable current requirements of the FCC and OSHA (Occupational Safety and Health Administration), including requirements relating to radiofrequency (RF) emissions and limits on interference;

The requirements of this Chapter;

A facility that obtains an administrative permit as allowed within the permissions tables specified within Division 3 through 7 of this Title need not obtain a conditional use permit.

Administrative Permit.

The application is for:

Small wireless facility; or

A collocation or modification of wireless telecommunication equipment on an existing eligible facility which does not create a substantial modification.

The facility will comply with all applicable laws including, but not limited to:

The Americans with Disabilities Act;

All applicable requirements of the FCC and OSHA including requirements relating to RF emissions and limits on interference; and

The requirements of this Chapter.

The proposed facility will be installed on an existing support structure that meets all of the following requirements:

The facility will match the design of the pole; and

If feasible, all equipment installed on the pole will be the same color as the pole.

No single batched submittal shall contain more than five applications;

There must be a minimum of seven business days between submittals of batched applications; and

No more than four batched applications shall be accepted in any 30-consecutive-day period.

Supplemental Information.

Permit applications for all communication/wireless telecommunication facilities shall be accompanied by the following supplemental materials, unless waived by the Director:

A preliminary report that quantifies the project's electromagnetic frequency (EMF) radiation exposures and power levels, and compares them with adopted standards;

An alternative site analysis to mitigate visual, land use, or environmental impacts, if required;

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.95.030 Development standards.

Setbacks.

Setbacks are those specified for primary buildings within the respective zone;

Antenna structures or towers shall not be placed in any front setback or street side setback;

For antenna structures exceeding 160 feet in height, fall zones shall not cross places of public assembly, including but not but limited to community assembly uses or schools;

Antenna structures exceeding 250 feet in height shall have fall zones established that encompass a circular area from the base of the tower whose radius exceeds the height of the tower; and

A major facility must be located minimum 1,000 feet from the nearest existing, legally established major facility (except in the event that such a facility is collocated with another facility).

Height.

No feasible alternate location or design is possible;

That the increase in height is for community benefit; and

That there are circumstances that do not allow the antenna to meet the height standards for the respective zone.

Landscaping.

Required landscaping may be waived at the discretion of the Review Authority.

Fencing. Communication/wireless telecommunications facilities shall be screened and enclosed by use of the following materials:

Where visible from freeways, regional or crosstown streets, or a less intensive land use district, decorative masonry block, or similar decorative materials or combination thereof shall be used; and

Design Standards.

All communication/wireless telecommunications facilities shall be reviewed for compliance with the General Plan and this Title, including but not limited to the following:

A facility shall not create or increase nonconformances to the site, such as a reduction of required parking, landscaping, trash enclosures, loading zones, or other required site features.

A facility shall conform to any Specific Plan, area plan, comprehensive development plan, or other applicable development guidelines.

Structures shall be located on existing buildings and below or integral with the skyline wherever possible.

Facilities that rise above the horizon line shall be painted in nonreflective blue or gray or other colors to blend with the surrounding environment as required by the Review Authority.

Microwave antennas shall be constructed of open mesh materials as opposed to solid materials.

Highly reflective surfaces conducive to glare are prohibited.

No form of advertising or identification shall be allowed on the dish or supporting structure other than a manufacturer's identification tag.

Construction Standards.

Antennas and structures must be designed and constructed to achieve all lateral load standards contained in the Uniform Building Code (UBC);

Any metallic support structures must be bonded to a grounding rod;

Telephone repeater stations must be installed to reduce the need for additional cell towers;

Equipment must meet all manufacturer's specifications and all antennas and screens must have an outer finish with fire-resistive and corrosive-resistant material.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.95.040 Operational standards.

After 30 days following the notice of abandonment; or

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.95.050 Eligible facilities requests.

Other Permits Required.

Notwithstanding the foregoing, any eligible facilities request shall obtain any other required permit(s) (e.g., encroachment permit, building permit) prior to commencement of construction.

For facilities in the right-of-way, see PMC Title 12 (Streets, Sidewalks and Public Places).

Application.

The granting of an eligible facilities request shall not extend the remaining term for the underlying communication/wireless telecommunications facilities.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.95.060 Change in law/ministerial permitting.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.95.070 Emergency standby generators.

The macro cell tower site at which the emergency standby generator is proposed to be installed is an existing site that was previously permitted by the City;

The emergency standby generator complies with all applicable State and local laws and regulations, including building and fire safety codes;

The physical dimensions of the emergency standby generator and storage tank are cumulatively no more than 250 cubic feet in volume; and

The emergency standby generator shall be located not more than 100 feet from the physical structure of the macro cell tower or base station.

Upon receipt of any resubmittal of the application, a new review period shall begin, during which the City shall determine the completeness of the application; and

The City shall not require any new or different information for the permit applications than it routinely requires for applications for other emergency standby generators.

Timing.

Hazardous Materials Facility.

A completed application that the City has not approved or denied within the established time frame or upon expiration of any tolling period shall be deemed approved.

Application Fee. Applicants shall be required to pay all fees applicable to the proposed development, which fees may be established by City Council resolution.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.010 Intent and purpose.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.020 Definitions.

For the purposes of this Section, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

"Hazardous material"

See PMC Chapter 17.16 (Definitions).

"Hazardous waste"

shall mean a waste or combination of wastes that poses a threat to human health or to the environment as defined in California Code of Regulations Title 22 Section 66261.3.

"Hazardous waste, acutely"

shall mean any hazardous waste classified as acutely hazardous by the State Department of Health Services as based on California State Health and Safety Code Section 25110.02.

"Hazardous waste, applicant"

shall mean the individual or entity submitting an application for a hazardous waste or materials facility to the City.

"Hazardous waste, auto shredder (metal shredder waste)"

"Hazardous waste, auto shredder residue (metal shredder residue)"

"Hazardous waste, extremely"

"Hazardous waste, facility agreement"

"Hazardous waste, infectious"

shall mean any of the wastes listed in California State Health and Safety Code Section 25117.5.

"Hazardous waste, land use decision"

shall mean a discretionary decision of the City Council, as defined in California State Health and Safety Code Section 25199.1(e).

"Hazardous waste, off-site facility"

"Hazardous waste, on-site facility"

shall mean a facility which is located on the site of a producer of hazardous waste and that is used only by that producer, as defined in California State Health and Safety Code Section 25117.12.

"Hazardous waste, processed"

shall mean any activity which alters the chemical or physical properties or composition of a hazardous waste or material.

"Hazardous waste, recycling facility"

shall mean a facility that reclaims hazardous wastes for reuse.

"Hazardous waste, residual repository"

"Hazardous waste, storage facility"

shall mean a facility which may legally store hazardous waste for specified time periods, as defined in California State Health and Safety Code Section 25123.3(a), (b) and (d).

"Hazardous waste 30-year post-closure period"

"Hazardous waste transfer station"

"Hazardous waste treatment facility"

"Local Assessment Committee (LAC)"

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.030 Development and operational standards.

Off-site facilities, as defined in this Chapter, shall comply with this Title and all applicable State and Federal regulations, including PRC 21000-21177.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.040 Applications.

All applications for land use decisions shall be filed with the Director accompanied by the appropriate fees as established by City Council resolution.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.050 Local assessment committee.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.060 Contents of application.

Name and address of the applicant;

Evidence that the applicant is the owner of the premises involved or that it has written permission of the owner to make such application;

A site plan drawn in sufficient detail to clearly describe the following:

Physical dimensions of the property and structures;

Location of existing and proposed structures, including elevations;

Setbacks and landscaping;

Methods of circulation and parking;

Drainage patterns;

Ingress and egress;

Storage and processing areas;

Proposed utilization of property;

The distance from the facility property line to the nearest adjacent structure, and a description and location of such structure;

The distance to nearest residences, to properties designated in the General Plan for residential use, to proposed or presently zoned residential areas, and to immobile populations;

Proximity of the proposed facility to the 100-year flood prone areas;

Proximity of the proposed facility to any known active or potentially active earthquake faults as defined by the California State Department of Mines and Geology;

The relationship of the proposed facility to all surface water bodies, and all known underground aquifers beneath the facility or beneath the ground adjacent to the facility;

Topographic description and plotting of the property and surrounding area on a topographic map;

A preliminary geological study of the property and surrounding area including data on the permeability of the substrata;

Existing and proposed utilities which service or will be required to service the facility; and

A radius and vicinity map including the project boundary;

A list of adjacent property owners and a map indicating their location relative to the proposed facility;

An environmental assessment questionnaire;

A grading plan;

A title report completed within six months of the date of facility application submittal;

A legal description of the site;

Financial statements from the applicant including proposed means for financing development of the facility, and anticipated costs and revenues associated with the operation of the facility;

An analysis of visual, noise, and any olfactory impacts associated with the proposed facility and recommended mitigation measures;

(S)

An analysis of vehicle miles traveled and any potential transportation impacts and recommended mitigation measures;

(T)

(U)

Identification of any rare or endangered species of plant or animals within the proposed facility site and recommended impact mitigation measures;

(V)

(W)

The results of preliminary studies of the impact of the proposed facility on real property values and local employment patterns;

Documentation of how the proposed facility will serve the needs of local producers of hazardous waste, including household hazardous wastes;

(BB)

All applications must contain a designation of at least two reasonable alternative sites; and

(CC)

(Ord. 1603 § 4 (Exh. I), 2023; Ord. 1613 § 4 (Exh. I), 2023)

§ 17.96.070 Determination of completeness and processing off-site and on-site hazardous materials facility applications.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.080 Safety and security.

The operator shall provide a 24-hour surveillance system which continuously monitors and controls entry onto the facility.

Perimeter fencing shall be constructed in compliance with PMC Chapter 17.86 (Landscaping, Lighting, Walls, and Fences).

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.090 Monitoring.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.100 General conditions.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.110 Findings.

The proposed facility is consistent with the City's General Plan and this Title, and with the Los Angeles County Hazardous Waste Management Plan;

The conditions recommended by the LAC, including those not agreed to by the applicant, were considered by the Review Authority;

The past and present activities of the applicant have not resulted in any serious regulatory violations or contamination problems;

The proposed facility has met or exceeded each requirement of this Title;

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.120 Duration of land use decision.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.97.010 Purpose.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.97.020 Development standards.

All recycling facilities, as defined in PMC Chapter 17.16 (Definitions), are subject to the following general requirements:

The Review Authority may specify the types and quantities of stored or processed materials.

The design and construction of recycling areas shall not jeopardize security of any recyclable materials placed therein.

The recycling facility shall be constructed and maintained of durable waterproof and rustproof material.

Collection containers, fencing, and signage shall be of such color and design which are compatible with the surrounding area.

Driveways and/or travel aisles shall provide unobstructed access for collection vehicles and personnel in conformance with building code standards for garbage collection access and clearance.

The facility shall be maintained in a clean and sanitary manner free of litter and any other undesirable materials on a regular basis, including mobile facilities.

(N)

Noise generated by a facility shall not exceed maximum limits established by the Noise Element of the General Plan.

(O)

The facility shall meet all applicable requirements of the Los Angeles County Fire Department, Health Department, and Building and Safety Division.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.97.030 Recycling collection facility, large.

Large recycling collection facilities, as defined in PMC Chapter 17.16 (Definitions), shall comply with the standards pursuant to PMC § 17.97.020 (Development standards) and the following:

If the proposed facility shares a lot line with a residentially zoned property, the area used for the facility shall be separated by a minimum distance of 300 feet from the shared property line.

The facility shall be enclosed within a structure and screened from view from the public right-of-way.

Setback, landscape, screening, and lighting requirements shall be those required for the zone in which the facility is located.

Adequate refuse containers for the disposal of nonhazardous materials shall be permanently maintained on site.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.97.040 Recycling collection facility, small.

Shall be installed as an accessory use to an existing use which is in full compliance with all applicable provisions of this Title;

Shall be no larger than 500 square feet;

Shall accept only glass, metal, plastic, and paper;

Shall use no power-driven processing equipment except for reverse vending machines;

Signs may be provided as follows:

Signs shall be consistent with the character of the surrounding development; and

No additional parking spaces shall be required for customers of a small recycling collection facility located within the established parking lot of a primary use;

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;

In no event shall small recycling collection facilities reduce the parking requirements of the project;

Small recycling collection facilities shall not be 24-hour operations; and

The architecture of any facility shall be compatible with surrounding uses in form, materials, colors, scale, and other design elements.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.97.050 Recycling processing facility, heavy.

If the proposed facility shares a lot line with a residential zoned property, the area used for the facility shall be separated by a minimum distance of 300 feet from the shared property line;

Heavy recycling processing facilities shall operate within a completely enclosed structure;

Power-driven processing shall be allowed, provided all noise level standards are met as specified within the Noise Element of the General Plan;

Setbacks, screening, lighting, landscaping standards shall be those provided for the zone in which the facility is located; and

Loose debris shall be collected on a daily basis and the site shall be secured from unauthorized entry and removal of materials when attendants are not present.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.97.060 Recycling processing facility, light.

If the proposed facility shares a lot line with a residential zoned property, the area used for the facility shall be separated by a minimum distance of 300 feet from the shared property line;

Light recycling processing facilities shall operate within a completely enclosed structure;

Setbacks, landscaping, screening, and lighting standards shall be those provided for the zone in which the facility is located; and

Loose debris shall be collected on a daily basis and the site shall be secured from unauthorized entry and removal of materials when attendants are not present.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.97.070 Reverse vending machines.

Reverse vending machine(s), as defined in PMC Chapter 17.16 (Definitions), shall be subject to compliance with the following standards:

Shall be installed as an accessory use to a small or large recycling collection facility which is in full compliance with all applicable provisions of this Title;

Shall be located a minimum of 10 feet and a maximum of 30 feet from the entrance to the structure and shall not obstruct pedestrian or vehicular circulation;

Shall not occupy parking spaces required by the primary use;

Shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height;

Shall have a maximum sign area of four square feet per machine, exclusive of operating instructions;

Operating hours shall be consistent with the operating hours of the primary use;

Shall be illuminated to ensure comfortable and safe operation if operating hours include hours between dusk and dawn; and

No additional parking spaces shall be required for customers of a reverse vending machine.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.98.010 Sanitary landfills.

Salvage operations shall be prohibited on the premises;

All roads within the dumping area shall be oiled or hard-surfaced and maintained in order to prevent the creation of dust.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.98.020 Temporary uses.

Applicability. This Section applies to the temporary uses that are allowed in the base zone pursuant to the land use permissions tables in Divisions 3 through 7 of this Title.

Uses Not Requiring a Temporary Use Permit. As allowed in the base zone, the following uses do not require a temporary use or special event permit:

City events or events in which City space is rented through the Parks and Recreation Department for a third-party event.

Yard sales as a temporary use shall be allowed subject to the following standards:

May only be held in zones where specifically listed as an allowed accessory use;

Shall last no longer than three consecutive days;

Shall be held no more than twice annually;

Shall be conducted on the property where the seller resides. Multifamily sales are allowed if they are held on the property of one of the sellers;

The merchandise offered for sale shall be limited to the personal goods of the homeowner(s) holding the sale. The offering of merchandise acquired for the purpose of resale is prohibited; and

Signs shall comply with the standards of PMC Chapter 17.88 (Signs).

Temporary outdoor storage for less than 72 hours.

Parking lot and sidewalk sales.

Outdoor art and craft shows and exhibits.

Bazaars, pony rides, festivals, and similar events.

Mobile health services.

Grand openings and anniversary events.

Parades and other events conducted within the public right-of-way shall be subject to the provisions of PMC Title 12 (Streets, Sidewalks and Public Places).

Christmas tree lots, pumpkin lots, haunted houses, and firework stands, subject to the following guidelines and conditions:

Such property is not residentially developed;

The temporary use shall be located a minimum of 200 feet from any residential use; and

All lighting shall be directed away from and shielded from adjacent properties and streets.

Adequate provisions for traffic circulation, off-street parking, dust control, and pedestrian safety shall be provided as approved by the Director and City Engineer.

All requirements of the City shall be complied with throughout the duration of the use.

All such uses shall be located on nonresidentially zoned property;

Any of the uses allowed with a special event permit shall be limited to not more than 10 one-day events in any 180-day period;

Adequate provisions for traffic circulation, off-street parking, dust control, and pedestrian safety shall be provided as approved by the Director and City Engineer;

Sanitary facilities shall be provided, the number and location of which shall be approved by the City and other applicable agencies;

Security personnel shall be provided as required by the Sheriff's Department for circuses, carnivals, rodeos, concerts, shows, or similar enterprises;

Circuses, carnivals, rodeos, concerts, shows, or similar enterprises shall provide designated parking accommodations for workers and support vehicles;

Noise attenuation for generators and carnival rides shall be provided as approved by the Director;

All lighting shall be directed away from and shielded from adjacent properties and streets; and

The applicant shall obtain all applicable local, County, or State permits.

The temporary vehicle installation must meet all applicable requirements of the Los Angeles County Health Department and the City;

Any vehicle allowed pursuant to this Title shall be connected to approved sewage, electrical, and water facilities at all times during which the vehicle is occupied on the parcel; and

A minimum parcel size of 40,000 square feet shall be required where a vehicle is proposed to be used as a temporary residence during construction of an individual single-family residence.

Installation of such structures may occur only after a valid building permit has been issued by the City;

The temporary office module installation must meet all applicable requirements of the Los Angeles County Health Department and the City;

No recreational vehicles shall be used for this purpose.

The sales office shall be located within a garage or the main structure of one of the dwelling units within the subdivision;

Flags, pennants, or other on-site and off-site advertising shall be allowed and regulated pursuant to the applicable Sections of PMC Chapter 17.88 (Signs);

Adequate paved access from a public right-of-way shall be provided to the model home complex and/or sales office; and

Stockpiling, subject to the following guidelines and conditions:

No stockpiling shall be allowed on undisturbed native desert vegetation without appropriate environmental review, pursuant to State law;

Stockpiled material shall not exceed a height of four feet, and should be evenly spread;

Location of stockpiled material shall not adversely impact adjacent properties or uses through creation of windblown dust, visual appearance, or other creation of an attractive nuisance;

Dust control measures shall be taken during stockpiling or removal operations as deemed necessary by the Director and City Engineer;

Erosion control measures on stockpiled material shall be implemented as determined necessary by the City Engineer; and

Stockpiled material shall not contain green waste, trash, composted material, sludge, or biosolid material in any combinations or quantities.

Temporary Sales of Alcoholic Beverages.

The applicant shall obtain authorization from the property owner;

The applicant shall obtain a business license and any other permits applicable for the event;

The applicant shall submit a site plan showing the event and areas that alcohol is to be sold;

The applicant shall have control over points of access to the location where alcoholic beverages are dispensed and consumed;

The applicant shall have control and containment of individuals who consume alcoholic beverages;

Los Angeles Sheriff's Department liaison shall determine the number of deputies required for security of the event based on the type and size of the event;

All alcoholic beverage servers shall have in their possession proof of completing "Responsible Beverage Service" training from the Department of Alcoholic Beverage Control;

A temporary alcoholic beverage control license shall be required for the duration of the event. A copy of the temporary license shall be submitted to the Department prior to the start of the event;

The applicant shall specify the hours of operation of the event and the hours of sale of alcoholic beverages;

All proposed signage shall comply with PMC Chapter 17.88 (Signs);

All tents and other temporary structures shall require Fire Department approval. A copy of the signed plans shall be provided to the Planning Division prior to the event;

All uses involving electricity shall require an electrical permit from the Building and Safety Division;

(xvii)

The applicant shall provide sanitary facilities for the participants of the event;

(xviii)

All unimproved parking areas and main walk areas shall be kept damp or shall be covered with a material to prevent dust;

(xix)

The site shall be kept free of debris and windblown trash. The applicant shall provide an adequate number of trash receptacles based on the size of the event as determined by the Director;

(xx)

All temporary lighting shall be directed away from and shielded from adjacent parcels, streets, and public rights-of-way;

(xxi)

If live entertainment is proposed, noise generated from performances shall be directed away from residential uses and kept at an acceptable level;

(xxii)

All food vendors shall obtain a Los Angeles County Health Permit for the sale of food and drinks;

(xxiii)

A minimum deposit of $500.00 as determined by the Director shall be submitted to the Planning Division prior to the event to ensure timely compliance with temporary use permit requirements; and

(xxiv)

The applicant shall comply with all other conditions of approval for the temporary use permit.

All structures shall be constructed pursuant to the minimum standards of the zone in which they are located;

All fences proposed in conjunction with the use are to be located outside of the public right-of-way except as approved by the City Engineer pursuant to approval of an encroachment permit;

Flags, pennants, or other on-site and off-site advertising shall be allowed and regulated pursuant to the applicable Sections of PMC Chapter 17.88 (Signs);

Adequate paved access from a public right-of-way shall be provided to the use;

All model home parcels shall be fully landscaped pursuant to PMC Chapter 14.05 (Water Efficient Landscape) to produce a pleasing and aesthetic environment; and

(l)

Permit Application and Issuance.

Applications will be processed in the order they are received.

Each application shall be submitted on the form provided by the City, and shall be accompanied by:

The fee as specified within the fee resolution adopted by City Council;

Authorization from the underlying property owner; and

Issuance of temporary use permits shall be limited to a total of 10 permits in the City as a whole per calendar year.

Each temporary vehicle sales event shall be limited in duration to no more than five consecutive days, not including set up and strike down days which shall be approved by the Director.

There shall be a minimum 21 days between each temporary vehicle sales event.

The temporary vehicle sale event shall only be allowed in the base zone subject to the permissions tables specified within Divisions 3 through 7 of this Title.

Activities Prior to the Event.

No sales or on-site promotional activities are permitted prior to 10:00 a.m. the day of the event or prior to completion of a satisfactory site inspection, whichever occurs later.

Any guy wire supports for tents shall be clearly marked or flagged so as to be visible to pedestrians and shall be surrounded by barricades to preclude pedestrian access.

The maximum height of any temporary poles or structures erected for the event shall be 17 feet.

No signs, promotional devices, fences, guy wires or any other feature relating to the event shall be attached or affixed to on-site landscaping or parking lot light fixtures.

The site for the proposed event shall accommodate:

Vehicle sales and accessory uses proposed in the application;

Vehicle parking necessary for patrons of the event; and

All required vehicle parking and access for any permanent uses occupying the subject property.

At the conclusion of the event, the site shall be left in a clean condition, free of debris.

Temporary Outdoor Swap Meet. Temporary outdoor swap meet uses shall conform to the following standards in addition to all other applicable standards and regulations:

The minimum lot area shall conform with the standards set forth in the applicable zone.

All signs shall comply with PMC Chapter 17.88 (Signs).

Retail sales shall not include the sale of adult-oriented merchandise, firearms, or off-sale alcohol.

Permanent sanitary facilities shall be provided on site pursuant to City policies for commercial uses.

On-site lighting shall be installed pursuant to PMC § 17.86.030 (Outdoor lighting).

An adequate number of trash enclosures and receptacles shall be provided on site, as deemed appropriate by the Review Authority.

Food areas shall be specifically designated and provided with an adequate number of trash receptacles and seating.

Outdoor swap meets shall conform with all local, State, and Federal requirements.

Outdoor Storage (Temporary). Outdoor storage shall be subject to the following standards in addition to all other applicable standards and regulations:

Location. Outdoor storage shall not be located within any required front or street side setbacks, parking, circulation, or access areas, and required landscaped areas.

Screening. Outdoor storage areas shall be screened from view from any adjacent public street or freeway, existing or planned residential area/property, or publicly accessible open space area.

Outdoor storage areas shall be paved, screened, landscaped, and lighted pursuant to the applicable Sections of this Title.

Farmers' Markets. Farmers' markets are allowed with a temporary use permit subject to the following standards:

All farmers' markets and their vendors shall comply with all Federal, State, and local laws and regulations relating to the operation, use, and enjoyment of the market premises;

All farmers' markets shall have a market manager authorized to direct the operations of all vendors participating in the market on the site of the market during all hours of operation; and

All farmers' markets shall provide for composting, recycling, and waste removal pursuant to all applicable local and State requirements.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.99.010 Collocated small wind energy systems.

Minimum Parcel Size. A minimum of 20 acres with parking lot light fixtures at a minimum height of 25 feet.

Setbacks. CSWES shall meet the following setbacks:

A distance equal to the tower height from any abutting private properties that are not part of the project site;

A distance equal to the tower height from any overhead utility lines, unless written permission is granted by the affected utility; and

A distance equal to 150 feet from any property that is residentially used or designated.

Noise. CSWES shall meet the following criteria with respect to noise:

A site-specific noise study and the manufacturer's engineered sound studies shall be submitted for review and the decibel level shall comply with the Noise Element of the General Plan; and

Aesthetics. CSWES shall meet the following criteria with respect to aesthetics:

All proposed replacement poles for a CSWES system shall be of the same design, shape, and color as the remaining light poles throughout the parking lot;

The physical size of the turbine shall not extend beyond three feet from the center of the pole; and

The maximum diameter of the blades shall not exceed 16 feet.

Access.

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access; and

The pole shall be designed and installed so as to not provide step bolts or a ladder.

Lighting.

All light fixture poles, including collocated poles, shall be consistent in design and color throughout the project; and

A revised photometric plan shall be submitted for review and must be prepared in compliance with PMC § 17.86.030(B) when modifications to existing site lighting are proposed.

Height. CSWES shall meet the following criteria with respect to height, measured as the vertical distance from ground level to the tip of the wind generator blade when it is at its highest point:

The maximum CSWES height shall be 60 feet at the highest point with one of the blades at its highest vertical point; and

The maximum height of the center of the turbine shall not exceed 53 feet.

Temporary meteorological (met) towers shall be allowed pursuant to the same standards as those for a CSWES facility. Approval for a temporary met tower shall be valid for a maximum of 30 days.

Signs. All signs, other than the manufacturer's or installer's identification or appropriate warnings, shall be prohibited.

Building Permit. Applicable building permits shall be required for a CSWES.

After 90 days following a notice of abandonment; or

Following a notice of decision by the Director, subject to the owner/operator's right of appeal pursuant to the PMC.

Site Plan.

Property lines and physical dimensions of the subject property;

Location, dimensions, and types of existing major structures on the property;

Location of the proposed CSWES units including foundations and associated equipment;

Proposed CSWES architectural elevation drawings;

The right-of-way of any public road that is contiguous with the property;

Any overhead utility lines;

A site-specific noise study/manufacturer's engineered sound study; and

A photometric plan if existing lighting is proposed to be modified.

A perspective rendering from any abutting public way if the CSWES is visible from said public right-of-way.

Specifications of the CSWES including manufacturer and model, rotor diameter, and proposed pole height.

Typical pole foundation specifications or drawings from the wind turbine manufacturer.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.99.020 Small residential wind generator systems.

Development Standards. Installation of SRWGS where allowed as an accessory use shall be constructed in the following manner:

Cage Width. The maximum cage or diameter of the system shall not exceed five feet.

The height of freestanding SRWGS shall be determined by the zoning designation as illustrated on the following table:

Table 17.99.020-1. Development Standards for Zoning Designations
Zoning Designation	Minimum Lot Size (sf)	*Maximum SRWGS Height (ft)**
LDR	1 Acre	100
SFR 1	20,000	45
SFR 2	10,000	40
SFR 3	7,000	35

Notes:
* All proposed SRWGS shall maintain all required clearances from overhead utility lines.

Number of SRWGS Allowed. The number of SRWGS is limited to one per parcel.

Noise. SRWGS shall meet the following criteria with respect to noise:

Aesthetics. SRWGS shall meet the following criteria with respect to aesthetics:

The maximum diameter of the cage shall not exceed five feet.

Access. The pole shall be designed and installed so as to not provide step bolts or a ladder.

Signs. All signs, other than the manufacturer's or installer's identification, and appropriate warnings, shall be prohibited.

Building Permit. Applicable building permits shall be required for a SRWGS.

After 90 days following notice of abandonment; or

Site Plan.

Property lines and physical dimensions of the subject property;

Location, dimensions, and types of existing structures on the property;

Location of the proposed SRWGS including foundations and associated equipment;

Proposed SRWGS architectural elevation drawings;

Any overhead utility lines; and

A SRWGS site specific noise analysis and the manufacturer's engineered sound report.

A perspective rendering from any abutting public rights-of-way if the SRWGS is visible from said public rights-of-way.

Specifications of the SRWGS including manufacturer and model, rotor diameter, and proposed pole height.

Typical pole foundation specifications or drawings from the wind turbine manufacturer.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.99.030 Solar energy system (primary).

A plan for permanent dust control of the site.

Setbacks.

Setbacks shall be those specified for primary structures within the respective zone;

Solar support structures shall not be allowed in any front or street side setback;

No minimum landscape setback along any public or private street frontage shall be required;

No transition zone setback pursuant to PMC § 17.83.030(A) shall be required;

Transition zone landscaping shall be required pursuant to PMC § 17.83.030(C); and

Height. The maximum height of any structure shall be that as specified for the primary structure within the respective zone.

Glare. Solar panels shall be placed such that concentrated solar radiation or glare is not directed onto nearby properties, including U.S. Air Force Plant 42, other airport related, or roadways.

Operational Standards.

After 30 days following a notice of abandonment; or

Following a notice of decision by the Director, subject to the owner/operator's right of appeal pursuant to this Title.