South Gate City Zoning Code
Division IV
SPECIFIC USE STANDARDS
[1]
Prior ordinance history: Ord. 2323.
§ 11.40.010 Purpose and intent.
The provisions of this chapter establish operational and design standards applicable to specific permitted uses within the city. These provisions further regulate the establishment and operation of land uses to ensure safety and compatibility throughout South Gate.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.40.020 Applicability.
The standards of this chapter shall apply to the specific land uses or features addressed, as permitted, in any zone. Specific use standards of this chapter are required in addition to the permit requirements and standards of the applicable zone.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.40.030 Automotive sales/services/repair/storage.
The land uses listed under "auto sales/repair uses" in any allowed land use table of this title shall be subject to the following operational and development standards.
A.
Surfacing. Any area used for vehicle sales or similar use shall be surfaced and maintained with cement concrete or asphaltic concrete, a minimum of three inches in thickness, to eliminate dust or mud, and shall be so graded and drained to dispose of all surface water. Drainage shall be taken to the curb or gutter and away from buildings and adjoining property.
B.
Screening. A screening wall or fence is required in the following locations:
1.
Residential-Adjacent Uses. Where auto sales/repair uses or a similar use is adjacent to an NL or NM zoned property, a minimum six-foot-high solid masonry wall shall be installed along the NL/NM zone adjacent property line, and a maximum of eight-foot wall is permitted. Within the required front setback of the residential property, the wall shall be reduced consistent with the property line site wall standards of the applicable zone; see Table 11.24-1, RC Development Standards, or the development standards table for each zone.
2.
Non-Residential-Adjacent. A six-foot-tall solid masonry wall shall be installed along the property line adjacent to any other use. A minimum six-inch-high suitable concrete curb shall be securely installed and maintained a minimum of three feet from the wall where the area is used for parking or maintenance.
C.
Lighting. Any lights provided to illuminate any vehicle sales area, trailer sales area, boat sales area, or similar use permitted by this title shall be so arranged as to reflect the light away from any premises upon which a dwelling unit is located.
D.
Repair and Testing. Repairing, testing, or rebuilding of any vehicle shall be restricted to between the hours of seven a.m. and ten p.m., and shall not exceed the ambient noise level by more than five decibels.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.40.040 Awnings and canopies.
The standards of this section, along with the development and design standards provided in Chapter 11.23, apply to all awnings and canopies ("awnings") used in conjunction with any land use in any zone.
A.
All awnings shall accentuate the character-defining features of a building, as follows:
1.
Should be mounted to highlight architectural features, such as moldings, that may be found above the storefront.
2.
Shall match the shape of the opening that they are shading.
3.
Shall not conflict with the building's proportions or with the shape of the openings.
4.
Should not be of an odd shape; bubble/dome awnings are prohibited except where the shape of an opening requires a bubble/dome awning, or a historic precedent shows they were previously used on the building.
5.
May be constructed of metal, wood, or fabric, subject to the approval of the director.
B.
Lights that illuminate the pedestrian way beneath the awning shall be reviewed by the director to determine if they are appropriate for their context.
1.
Lights may illuminate the storefront.
2.
Internally illuminated awnings that glow are prohibited.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.40.050 Child day care facilities.
This section establishes the standards for city review of child day care facilities, in conformance with state law and Section 1596.78 of the California Health and Safety Code, including the limitations on the city's authority to regulate these facilities.
These standards apply in addition to all other applicable provisions of this title and any requirements imposed by the California Department of Social Services through its facility licensing procedures. Licensing by the California Department of Social Services is required for all child day care facilities. Evidence of the license shall be presented to the planning division prior to establishing any child day care facility.
A.
Small Family Home Day Care. Small family home day care facilities are permitted residential uses, in all zones in which residential uses are permitted, as allowed by Section 1597.44 et seq. of the California Health and Safety Code.
B.
Large Family Home Day Care. Large family home day care facilities, as allowed by Section 1597.465 et seq. of the California Health and Safety Code, shall be permitted by administrative permit, in all zones in which residential uses are permitted, subject to compliance with the following procedures and restrictions:
1.
The large family home day care shall not be located within three hundred feet of any other existing or approved large family home day care, small family home day care, group home, or halfway house, measured property line to property line.
2.
Off-street parking shall be provided at one space for each nonresident employee, in addition to the parking spaces required for the primary use, pursuant to Chapter 11.33, Parking Standards. Parking requirements may be fulfilled through tandem parking in the driveway.
3.
The loading/unloading of vehicle occupants shall only occur on the driveway, a parking area approved by the director, or the area directly in front of the residence, and shall not unduly restrict traffic flows or result in pedestrian hazards.
4.
No swimming pool/spa shall be installed on the site after establishment of the family day care facility, due to human safety considerations. Any pool/spa existing on the site prior to application for approval of a family day care facility shall be removed prior to establishment of the use, unless the director determines that adequate, secure separation exists between the pool/spa and the facilities used by children.
5.
The facility shall not exceed the city's noise limits for residential uses, as established by Chapter 11.34, Noise Control Program.
C.
Day Care Centers. The following standards shall apply to day care centers:
1.
Outdoor play space shall be provided at a minimum of seventy-five square feet per child, and the space shall not be located within twelve feet of a main structure on an adjacent lot.
2.
Fencing around the play space shall be required to a height of five feet to limit entry and provide safety.
3.
Outdoor lighting for play or instruction space shall be provided consistent with the standards of Section 11.30.050(F), Building Lighting.
4.
Parking and loading facilities shall be provided for on-site vehicular pick-up and drop-off, in addition to the parking spaces required pursuant to Chapter 11.33, Parking Standards.
5.
The facility shall not exceed city noise limits for the applicable zone, as established by Chapter 11.34, Noise Control Program.
D.
Day Care Appeals. An action regarding an administrative permit for a large family day care home may be appealed by the following:
1.
The applicant;
2.
A person owning or leasing real property within one hundred feet of the subject property; or
3.
The State Department of Health Services by filing a written appeal with the director within ten working days of the action.
Upon the filing of an appeal, no action to exercise the permit may be taken until a final decision is made, subject to the decision authority found in Table 11.51-1, Application and Review Authority. The appeal process shall be consistent with Section 11.50.040, Appeals.
E.
Revocations. An administrative permit for a large family day care home may be revoked by the director, consistent with the decision authority of Table 11.51-1, Application and Review Authority.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.40.060 Community assembly.
This section establishes the standards for all forms of community assembly land uses. These standards apply in addition to all other applicable provisions of this title and the applicable land use permissions of the zone. These standards apply to all portions of the facility, including educational, residential, secular, and nonsecular land uses included in the building or associated with the property.
A.
Lot Coverage. Lot coverage or floor-to-area ratio of the applicable zone shall not apply to community assembly land uses.
B.
Development Standards. The following development standards modify the development standards of the applicable zone for community assembly land uses. Where Table 11.40-1, Community Assembly Development Standards, does not specify, the development standard of the applicable zone shall govern.
Table 11.40-1 Community Assembly Development Standards | |
|---|---|
Development Standards | Standard Lot Configuration |
Lot Area | |
Minimum Square Footage (sq. ft.) | 15,000 sq. ft. |
Maximum Lot Coverage | None, lot coverage and floor-to-area ratio of the applicable zone shall not apply |
Height | |
Building Maximum | Consistent with applicable zone |
Architectural Features | 15 ft. greater than the maximum building height of the applicable zone, inclusive of secular and nonsecular icons, roof features, and other architectural elements |
Required Building Setbacks | |
Street Property Line (PL) | 15 ft.; parking prohibited in required setback area |
Interior/Rear PL | Consistent with applicable zone; parking permitted in setback area |
NL/NM Zone Adjacent PL | Nonresidential building(s): 20 ft. Residential building: consistent with applicable zone |
Parking | |
Minimum Required | 1 space per 3 fixed seats; or 1 space per 150 sq. ft. assembly area |
Site Walls | |
Residential Adjacent PL | 5-ft. solid masonry wall required along PL; wall prohibited in required setback area |
NL = neighborhood low; NM = neighborhood medium. |
C.
Required Access. The site shall be accessible from a minimum of one public street with a minimum roadway cross-section of thirty-six feet, composed of two parking lanes and two traffic lanes.
D.
Administrative Plan Review Required. All community assembly uses shall submit an administrative plan review as part of the permit application. The administrative plan review shall include a detailed site plan, all setbacks, building separations, location of signage, street/parking layout, landscaping, and building elevations.
E.
Signage. Permitted signage is established in Table 11.40-2, Permitted Community Assembly Land Use Signage.
Table 11.40-2 Permitted Community Assembly Land Use Signage | |||
|---|---|---|---|
Sign Type | Number Permitted | Maximum Square Footage (sq. ft.) | Permitted Location and Height |
Identity Sign, Attached | 1, maximum 1 face used | 20 sq. ft. | Outside wall of the main building |
Identity Sign, Detached | 1, both faces used | 20 sq. ft. | Ground-mounted, max. 6 ft. in height |
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.40.070 Historic resources.
Any building or structure that is deemed eligible by the city or California; is officially listed on a local register, the California Register of Historical Resources, or the National Register of Historic Places; or is an official contributing resource within a designated historic district may, for historic preservation and adoptive reuse purposes, be permitted any land use (to be contained within the historic building/structure) subject to the prior review and approval of a CUP by the planning commission, if it is determined that the land use will do the following:
A.
Be compatible with and not adversely impact the surrounding land uses.
B.
Be a good adaptive reuse of the building for economic development purposes.
C.
Not adversely impact the historical features of the interior or exterior of the building, nor adversely affect the historic setting of the building on the property based on the recommendations of the Historic Resources Commission.
D.
Comply with all applicable Secretary of the Interior's standards for historic preservation.
E.
Not result in the building/structure being potentially at risk for removal from any local or state register or the National Register of Historic Places, or eliminate its eligibility to be listed in such registers, in the opinion of the Historic Resources Commission.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.40.080 Hotels.
A.
Permit Requirements. A CUP is required for any hotel land use. The CUP shall include a discretionary plan review showing all exterior improvements and sufficient architectural plans to delineate all interior improvements for the facility.
B.
Included Uses. A hotel land use may include associated office, service, eating, liquor sales, and entertainment activities within the hotel parcel.
C.
Landscaping. A minimum of ten percent of the developed area of the site shall be landscaped consistent with the Department of Water Resources model water efficient landscape ordinance standards, adopted by reference by this title.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.40.090 Live/work units.
Live/work units, as permitted by the applicable zone, shall be consistent with all regulations and development standards of the zone, in addition to the following:
A.
Live/work units shall have direct interior access between living and work spaces.
B.
Work space shall be limited to the first/ground floor, and shall have a direct pedestrian entrance to the work space separate from the residential entrance.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.40.100 Cyber cafés.
The city has a moratorium on cyber café establishments as a primary standalone use. The use is permitted as an ancillary use when in conjunction of another primary use such as a reproduction or computer business.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.40.110 Gold, semiprecious, precious metal buying stores.
Gold, semiprecious, precious metal buying stores, as defined in this title and permitted by the applicable zone, shall be consistent with all regulations and development standards of the zone, in addition to the following standards:
A.
Applicant shall obtain zoning approval including any discretionary permit approval, including approval of hours of operation.
B.
Items shall be required to be held for a period of ten working days before selling, shipping, melting or changing/modifying.
C.
No licensee may receive any goods unless the seller presents valid identification in the form of the following:
1.
A valid driver's license, a valid identification card, or current valid photo identification card issued by the state of residency of the person from whom the item was received;
2.
A passport of the United States;
3.
A driver's license by any state or Canada;
4.
An identification card issued by any state;
5.
An identification card issued by the United States;
6.
A passport from any other country, in addition to any item of identification bearing an address;
7.
Matrícula consular de alta seguridad (MCAS) (consular identification card), in addition to any of the above.
D.
No transaction with minors (eighteen years or younger) shall be permitted unless accompanied by a parent or guardian.
E.
Business owner/applicant must submit an application to the police department for a criminal background check, including all employees prior to approval of use or commencing operation.
F.
Each transaction shall be electronically sent to the police department within twenty-four hours of the transaction occurring, including a photograph of each item so that the item(s) can be posted on the police department's website.
G.
Merchant shall retain all records detailing all transactions for one year.
H.
Security video shall be installed and operable on site and videos shall be retained for a period of ninety days.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.40.120 Pawn shop/used retail sales.
Pawn shop/used retail sales stores, as defined in this title and permitted by the applicable zone, shall be consistent with all regulations and development standards of the zone, in addition to the following standards:
A.
For all transactions, the owner shall document a complete and accurate description of each item including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item including the purchase price, amount of money loaned upon, or pledged therefor.
B.
The maturity date of the transaction and the amount due, including monthly and annual interest rates and all pawn fees and charges.
C.
The signature of the person identified in the transaction.
D.
Security video shall be installed and operable on site and videos shall be retained for a period of ninety days.
E.
Each transaction shall be electronically sent to the police department within twenty-four hours of the transaction occurring, including a photograph of each item so that the item(s) can be posted on the police department's website.
F.
Merchant shall retain all records detailing all transactions for one year.
G.
Business owner shall provide a receipt to the party identified in every reportable transaction and must maintain a duplicate of that receipt for three years.
H.
No transaction with minors (eighteen years or younger) shall be permitted unless accompanied by a parent or guardian.
I.
No licensee may receive any goods from a person of unsound mind or an intoxicated person.
J.
No licensee may receive any goods, unless the seller presents valid identification in the form of the following:
1.
A valid driver's license, a valid identification card, or current valid photo identification card issued by the state of residency of the person from whom the item was received;
2.
A passport of the United States;
3.
A driver's license by any state or Canada;
4.
An identification card issued by any state;
5.
An identification card issued by the United States;
6.
A passport from any other country, in addition to any item of identification bearing an address;
7.
Matrícula consular de alta seguridad (MCAS) (consular identification card), in addition to any of the above.
K.
No licensee may receive any item of property that possesses an altered or obliterated serial number or operation identification number or any item of property that has had its serial number removed.
L.
No person may pawn, pledge, sell, consign, leave, or deposit any article of property not their own whether with permission or without.
M.
No person may pawn, pledge, sell, consign, leave, or deposit any article of property with a false or fictitious name, nor give a false date of birth, out of date address of residence or telephone number; nor present a false or altered identification, or the identification of another.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.40.130 E-cigarettes/vapor/smoke shops/hookah.
E-cigarettes/vapor/smoke shops/hookah stores, as defined in this title and permitted by the applicable zone, shall be consistent with all regulations and development standards of the zone, in addition to the following standards:
A.
Sales to minors (eighteen years or younger) shall be prohibited and minors are not permitted within any area of the business where the smoking or tobacco or other substances is allowed.
B.
Photograph identification shall be required when necessary to verify age of consumer.
C.
Any e-cigarettes/vapor/smoke shops/hookah shall be located a minimum one-thousand-foot radius from any other similar e-cigarette/vapor/smoke/hookah shop use.
D.
E-cigarettes/vapor/smoke shops/hookah land uses shall not be located within a one-thousand-five-hundred-foot radius of a public or private school, park, playground, church or place of worship, or any sensitive users.
E.
E-cigarettes/vapor/smoke shops/hookah shall be located in an established regional shopping center of two acres or more.
F.
All business activities shall be conducted completely within the building. Outdoor barbecues, braziers and lighting coals are prohibited.
G.
No admittance fee, cover charge or minimum payment, as a condition of entry, is allowed.
H.
Sale and consumption of alcoholic beverages shall be subject to a CUP.
I.
Live entertainment, including but not limited to singers, DJs, dancers, or comedians or amusement devices, shall be subject to a CUP.
J.
Uniformed security guard(s) shall be provided as deemed necessary by the chief of police or designee.
K.
Window coverings shall not prevent visibility of the interior of the tenant space from the exterior of the premises during operating hours. All proposed window tint shall be approved in advance by the community development department.
L.
Adequate ventilation shall be provided for the heating of coals in accordance with all requirements of the Los Angeles County fire department, or other required state or federal laws.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.40.140 Massage establishments.
All massage establishments shall be subject to the requirements of this section. The term "massage establishment" is defined by Chapter 11.60, Definitions.
A.
Applicability. The provisions of this section are applicable to any and all massage establishments, which include the following:
1.
The opening or commencement of any massage establishment.
2.
The conversion of any other existing business to a massage establishment, as defined herein.
3.
The addition of a massage establishment to any other existing business.
4.
The relocation of any existing massage establishment.
B.
Massage Establishment License Required. The operator of the business shall obtain a massage establishment license pursuant to the provisions of Title 2 of this code, and its staff members who administer massages shall obtain a massage technician permit. Any individual employee or service provider who is an independent contractor or for which the operator of the business collects a fee or receives compensation for permitting the use of the premises shall also obtain a city business license.
C.
Locational Requirements. A minimum separation of a three-hundred-foot radius is required between any massage establishment and any of the following land uses. The radius shall be measured from all property lines or lease lines of the massage establishment and the following:
1.
Adult-oriented business;
2.
Other massage establishment;
3.
Existing educational institution used by minors;
4.
Park;
5.
Playground;
6.
Church/place of worship;
7.
Noncommercial establishment operated by bona fide religious organizations (hereinafter referred to as "sensitive use").
D.
Prior Legality. Any legally established massage establishment shall not be deemed in violation of subsection (C) of this section, Locational Requirements, due to the subsequent establishment of any listed sensitive use within the required three-hundred-foot separation.
E.
Nonconforming Uses. Any existing massage establishment shall be subject to the nonconforming triggers and provisions of Chapter 11.55, Nonconforming Uses and Buildings, if made to be in violation of this title by the adoption or amendment of this title.
F.
Prevailing Regulations. If any city ordinance or any part thereof is found in conflict with the provisions of this section, the provisions of this section shall apply.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.40.150 Motels.
All motels shall be subject to the requirements of this section.
A.
Permit Required. All motel land uses shall be subject to the permit requirements of the applicable zone. Where permitted, a motel shall require a CUP.
B.
Development Standards. The development standards of Table 11.40-3, Motel Development Standards, and this section shall be required of all motel land uses.
Table 11.40-3 Motel Development Standards | |
|---|---|
RC Zone | |
Lot Area | |
Minimum | 15,000 square feet |
Lot Coverage | |
Maximum | 0.50% |
Required Landscaping | |
Minimum | 10% of site; 4% of requirement shall be within the parking area |
Unit Size | |
Minimum Guest Unit | 300 square feet |
Minimum Manager Unit (1) | 650 square feet |
Note: |
|---|
1. Maximum of one manager's unit; may include a kitchen facility. |
C.
Transient Motel Conditions of Approval. In addition to all standards of subsection (B) of this section, the following conditions of approval shall apply to all CUPs for transient motel land uses:
1.
All units on the site shall be serviced by common utility meters, not individual utility meters.
2.
Signage shall be posted, limited to one sign, notifying prospective guests of the thirty-day occupancy limit, and that units shall not be offered for rent by the month.
3.
A register shall be maintained, as required by Chapter 7.60.
4.
Occupancy of all guest rooms shall be limited to a maximum of thirty days.
D.
Residential Motel Conditions of Approval. In addition to all standards of subsection (B) of this section, the following conditions of approval shall apply to all CUPs for all residential motel land uses:
1.
All units shall provide a kitchen sink; utility services to attach cooking appliances and refrigeration; a separate closet; and a separate bathroom containing a sink, toilet, and bathtub or shower.
2.
If converted, all units shall be converted into residential motel units.
3.
Separate mailbox facilities may be provided for individual units.
4.
A maximum of one sign advertising the units for rent may be permitted, subject to the following standards:
i.
Maximum sign area: twelve square feet.
ii.
Minimum height clearance: eight feet.
iii.
Subject to city review and shall comply with all signage standards.
5.
Tenant occupancy for a period in excess of thirty days shall require the use of a written contract.
6.
A prohibition on occupancy, by written tenancy contract, of all units for a period of less than thirty days.
7.
Application for a CUP for a residential motel shall include the following:
i.
A copy of the written contract of tenancy requiring occupancy for a period in excess of thirty days.
ii.
A standards inspection report, completed by the building and safety department, prior to any action taken on the CUP.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.40.160 Outdoor dining/seating.
The standards of this section shall apply to all outdoor dining and seating provided in conjunction with any land use in any zone. Outdoor dining/seating shall be located, developed, and operated in compliance with Section 11.23.070(E), Outdoor Dining; this section; and the following standards.
A.
Zone Requirements. Outdoor dining/seating may be permitted in conjunction with any land use subject to the permit requirements of the applicable zone.
B.
Location Requirements. Outdoor dining areas shall be located directly adjacent to the associated land use.
1.
When located adjacent to a residential use, provisions shall be made to minimize noise, light, and odor impacts on the adjacent residential use. This may include a sound-buffering acoustic wall and/or separation by a physical barrier to define the limits of the outdoor dining space. Design and adequacy of these features shall be subject to director approval, in conjunction with the required permit.
C.
Operating Requirements.
1.
All outdoor dining/seating areas shall maintain a minimum depth of five feet if screened, marked, or enclosed by a wall, fence, or planting.
2.
A wall, fence, or planting feature to mark or screen the outdoor dining/seating area is permitted but not required. Where used, the maximum height of the wall/fence/planting feature shall not exceed forty-two inches, except when located adjacent to a residential use, the wall may be permitted up to seven feet if it is a transparent or clear material.
3.
Cooking within an outdoor dining area may be permitted with a CUP.
4.
The hours of operation shall be limited to the hours of operation of the associated land use.
5.
Illumination shall be installed to prevent glare onto, or direct illumination of, any adjacent residential property or use.
6.
All outdoor dining areas shall include a landscape component, which may be in the form of planter boxes, plants used as dividing fencing, and/or permanent vegetation.
7.
Outdoor dining areas serving alcoholic beverages shall meet, and be in compliance with, the requirements of Chapter 11.42, Alcoholic Beverage Sales, and the state's Alcohol Beverage Control Board.
8.
Reasonable volumes of amplified sound or background music is not prohibited within the outdoor dining area provided there is no impact to adjacent uses (i.e., residential).
9.
No structure or enclosure to accommodate the storage of refuse or recycling shall be built or placed on or adjacent to the outdoor dining area.
D.
Public Right-of-Way Encroachments. The outdoor dining/seating area and an associated awning may be permitted to encroach into the public right-of-way, subject to public works department review and permitting approval.
1.
A minimum of six feet clear shall be maintained between the right-of-way back of curb and any encroaching feature or element of the outdoor dining/seating area or awning.
2.
Associated awnings shall be located a minimum of eight feet above the sidewalk; awnings shall not obstruct or prevent the placement of street trees or other improvements within the public right-of-way. Awnings shall not have permanent footings.
3.
All encroachments shall be subject to a recorded encroachment permit.
E.
Design Compatibility. Outdoor dining areas and associated structural elements, awnings, covers, furniture, umbrellas, or other physical elements shall be compatible with the overall design of the main structure and the following:
1.
The use of awnings, plants, umbrellas, and other human-scale elements are encouraged to enhance the pedestrian experience, if applicable.
2.
The relationship of outdoor dining areas to churches, hospitals, schools, and residential uses shall be considered by the director. Site design should be used to eliminate potential impacts related to glare, light, loitering, and noise.
3.
Outdoor dining areas shall not inhibit vehicular or pedestrian traffic flow.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.40.170 Personal services, fortune, palm and card reader.
The standards of this section are applicable to any future telling, spirit communication, extra-sensory perception, and other similar services as defined in Chapter 11.60, Definitions, where the use is specifically allowed.
A.
Annual Record Check Required. An annual police record check shall be made on the applicant and all employees of the establishment.
B.
Separation of Uses Required. Any use shall be located a minimum of six hundred feet from any other similar use.
C.
Permissive Conditions. Table 11.21-3, Allowed Land Uses, Urban Mixed-Use Zones, identifies future telling, spirit communication, extra-sensory perception, and other similar services as a permitted use within the CDR1, CDR2, UN and MS zones.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.40.180 Renewable energy systems.
The city promotes the use of alternative energy sources, such as renewable energy systems, to reduce demand on the regional energy grid.
This section establishes design and operational standards for permitting and installation of renewable energy systems. The standards of this section shall apply to the installation and renewal of permits for all renewable energy systems, public and private. All renewable energy systems shall be subject to administrative plan review to ensure compliance with the standards of this section.
A.
Measurements. All measurements, setbacks, and provisions of this section shall apply to any portion of the renewable energy system. Where devices include moving parts, the measurement shall be taken from the outermost edge of the moving portions of the device.
B.
Development Standards. The following requirements shall apply to all renewable energy systems based on the type of system and applicable performance standards.
1.
Setbacks. All renewable energy systems mounted to a building or structure shall be subject to the required setbacks of the applicable zone, except as modified below:
i.
There shall be a minimum ten-foot setback from any street frontage or right-of-way.
ii.
Encroachments may be allowed for proper function of the renewable energy system; no portion of the system shall be less than two feet from any interior property line.
iii.
Standalone ground-mounted renewable energy systems are subject to a CUP and appropriate public hearings in the NL, NM, IF, LI, M2, and M3 zones.
2.
Height. Renewable energy systems may be allowed mounted to a building, structure, or roof. The height shall not exceed fifteen feet from the base/mount of the unit to the top of the unit (including blade length in vertical position, where applicable).
i.
Solar panels shall be limited to a maximum height of five feet from the base/mount of the unit. Solar panels shall be permitted, subject to a CUP, in conjunction with carports and garages in parking areas in all zones.
ii.
Additional height encroachments may be permitted through a CUP where adjacency conditions prevent a renewable energy system within the fifteen-foot height limitation to function properly.
3.
Size/Coverage. A renewable energy system, or group of systems, shall not exceed thirty percent area coverage of the surface to which the system is mounted; additional area coverage may be permitted through a CUP.
4.
Noise. All renewable energy systems shall be operated in such a manner that they do not exceed the city's noise standards, found in Chapter 11.34, Noise Control Program.
5.
Design. The following measures shall be followed to minimize the visual impact of a renewable energy system:
i.
Systems shall be white, grey, or other nonobtrusive color. Solar systems shall be exempt from the color requirements.
ii.
Design of nonsolar/nonwind systems shall complement the design of the associated building or structure.
iii.
Removal of existing vegetation shall be minimized.
iv.
Any accessory structure shall be painted or otherwise visually treated to blend with the surroundings.
v.
A structure shall be nonreflective in all areas possible to blend with the surroundings.
6.
Security Fencing. Public access shall be restricted through the use of a fence with locked gates, nonclimbable towers, or other suitable methods.
C.
System Review. All renewable energy systems shall have adequate plans during application and administrative plan review through the building and safety department to specifically address all of the following information. The applicant shall submit the following:
1.
Standard drawings to demonstrate compliance with the latest version of the California Building Code.
2.
Line drawings of electrical components of the renewable energy system in sufficient detail to demonstrate compliance with the applicable electrical code.
3.
Plan and elevation diagram of the renewable energy system and placement showing compliance with the standards of this section and the applicable zone.
4.
Plans specifying the renewable energy system's manufacturer, model, power rating, and blade dimensions (where applicable).
D.
Nonoperation. The project owner shall post a bond, lien contract agreement, cash deposit, or other form of surety acceptable to the director, sufficient to allow for the removal of nonoperational renewable energy system(s).
1.
Any nonoperational renewable energy system, or any system not in compliance with the provisions of this section, shall be removed within twelve months of nonoperation or citation by the city. Violations and abatement procedures shall comply with Chapter 11.56, Enforcement.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.40.190 Single-room-occupancy apartment.
Single-room-occupancy apartments shall be limited to a maximum of twenty units and shall be consistent with the applicable zone regulations and the following minimum requirements:
A.
Occupancy shall be limited to a maximum of one person per room.
B.
A full community kitchen and laundry facility shall be part of each building.
C.
The laundry facility shall provide a minimum of one clothes washer and one clothes dryer per six units.
D.
Each unit shall include a private interior kitchenette, bathroom, and closet.
E.
Each unit shall be equipped with hardwired smoke detectors with battery backup.
F.
Utilities for the apartment building shall be underground.
G.
The electric and telephone utilities for each unit shall be metered separately; the meters for gas, water, and sewer services, and for trash pick-up shall be for the entire building.
H.
The minimum distance from a bus line or major arterial shall be one thousand feet.
I.
Each unit shall be contracted on a one-year lease of occupancy.
J.
The building shall be operated by a certified nonprofit organization under contract with the city to provide housing for low- and very-low-income residents.
K.
The property shall include on-site management.
L.
All development standards applicable to the zone related to height, setbacks, building separation, floor area ratio, and lot coverage shall be adhered to.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.40.200 Tattoo/body modification.
Every tattoo/body modification establishment shall be subject to the following, in addition to all other requirements of the law:
A.
A minimum separation of a five-hundred-foot radius is required between any other tattoo/body modification establishment and any school (public or private). The radius shall be measured from all property lines or lease line of the properties involved.
B.
Live animals, except for service animals, shall not be allowed on the premises.
C.
Temporary or mobile establishments or events are not authorized by this section.
D.
The applicant/operator of the establishment shall also comply with all applicable state and local laws, including Section 119300 et seq. of the California Health and Safety Code (California Safe Body Art Act) and Section 653 of the California Penal Code.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.40.210 Temporary construction offices.
Temporary structures may be permitted for sales, operation, or construction management during construction, per the standards below.
A.
Types of Structures. Temporary structures for use during construction of new development shall be limited to mobile trailers, one mobile home, or a temporary structure used as a temporary sales office.
B.
Limited Services. Temporary structures shall not have sewer, water, electricity, or any other utility connections, except as permitted by subsections (C) and (D) of this section.
C.
Residential Construction. The director may issue a temporary permit for occupancy of a trailer on a residential lot not in a trailer park for a maximum period of sixty days; such permit shall not be issued more than three times in any twelve-month period. The use of the trailer shall be limited to temporary occupancy during construction/reconstruction of an on-site residence; temporary utility connections may be allowed through a temporary occupancy permit.
D.
Major Construction Projects. For major new residential or nonresidential construction projects of more than one acre, on-site temporary structures for construction management and sales shall be allowed. Structures may have utility connections for use during construction of the project; all temporary structures shall be removed within thirty days of cessation of work or project completion.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.40.220 Drive-through facilities.
The regulations in this section allow for drive-through facilities by reducing the negative impacts they may create. The purposes of this section are to:
1.
Reduce noise, lighting, and visual impacts on abutting uses, particularly residential uses;
2.
Promote safer and more efficient on-site vehicular and pedestrian circulation; and
3.
Reduce conflicts between stacked vehicles and traffic on adjacent streets.
The regulations of this section apply to all uses with drive-through facilities, including new developments, addition of drive-through facilities to existing developments, and the relocation of an existing facility.
A.
Required Findings. A use permit for a drive-up window or for a remote teller shall not be approved unless the appropriate authority finds that:
1.
The design and location of the facility and stacking lane will not contribute to increased congestion on public or private streets adjacent to the subject property; and
2.
The design and location of the facility and stacking lane will not impede access to or exit from the parking lot serving the facility, nor impair normal circulation within the parking lot.
B.
Development Standards. The following requirements shall apply to all drive-through facilities:
1.
Stacking Space. There shall be, at a minimum, one hundred fifty feet of stacking space for a single lane, measured from the service window to the entry into the drive-through lane. Nonfood and nonbeverage businesses may reduce the stacking space to a minimum of eighty feet.
2.
Driveways. Entry and exit driveways shall be a minimum of forty feet from a corner intersection.
3.
Landscaping along a Street. Drive-through lanes located adjacent to a street shall provide a minimum ten-foot landscaped width between the drive-through lane and the street right-of-way.
4.
Drive-Through Lanes. Drive-through lanes must be clearly identified through the use of striping, landscaping, and signs.
5.
Voice Amplification Equipment. Service windows with amplified sound shall be regulated to be consistent with the provisions of Chapter 11.34, Noise Control Program. Adequate landscaping and solid fencing shall be installed to control the effects of noise from facility operations, particularly adjacent to a residential use or zone.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.40.230 Water conservation.
The reuse of water is highly encouraged for all developments where such is feasible. Where installed, facilities shall be properly maintained to prevent off-site drainage and ensure proper use. Water reuse facilities may include the following:
A.
Site plumbing for reclaimed or gray water resources.
B.
On-site capture and reuse of rain water and irrigation water.
C.
Living roofs with proper drainage and capture design.
All water conservation methods or facilities shall be architecturally integrated into the primary building or dwelling, and shielded as appropriate.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.40.240 Emergency shelters.
Consistent with Sections 65582, 65583(a), and 65589.5 of the Government Code, all California cities are required to identify a zone in which to permit emergency shelters by right. This section contains development standards for emergency shelters and created an overlay where shelters are permitted. The light industrial overlay zone was established by Section 11.24.050 and is identified on the zoning and special requirements and overlay maps. In addition, the following operational standards shall apply:
A.
The shelter shall be available to residents for no more than six months in any consecutive twelve-month period. During that time, staff and services shall be provided to assist residents to obtain permanent shelter and income.
B.
Adequate external lighting shall be provided for security purposes, consistent with this title. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood.
C.
On-site management of the facility shall be required during all hours of operation.
D.
The emergency shelter provider/operator shall have a written management plan consisting of, as applicable, provisions for staff training; neighborhood outreach; security; screening of residents to ensure compatibility with services provided at the facility; and training, counseling, and treatment programs for residents.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.41.010 Purpose and intent.
This chapter establishes reasonable and uniform regulation for adult-oriented businesses and establishments within the city. The city recognizes the potential for blight and deterioration in areas where a concentration of adult-oriented businesses occur. The city also recognizes that adult-oriented businesses are afforded constitutional protection as protected speech under the First Amendment of the United States Constitution and Article 1 of the State of California Constitution. As such, special zoning regulations applicable to adult-oriented businesses are necessary to protect the integrity of the city's residential neighborhoods and commercial base without discriminating against the free speech rights afforded to adult businesses.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.41.020 Applicability.
A.
Applicable Activities. The provisions of this chapter shall apply to all the following adult-oriented business activities:
1.
The establishment, opening, or commencement of any adult-oriented business.
2.
The conversion of an existing business, whether or not a current adult-oriented business, to any adult-oriented business defined in this title.
3.
The addition of any of the adult-oriented businesses defined herein to any other existing business or adult-oriented business.
4.
The relocation of any adult-oriented business.
B.
Areas Conditionally Permitted. Table 11.21-3, Allowed Land Uses, Urban Mixed-Use Zones, and Table 11.21-4, Commercial Industrial Zones Allowed Land Uses, identify adult-oriented business as a permitted use within the IF, M2, and M3 zones.
C.
Exemptions. This chapter shall not apply to the following businesses or activities:
1.
Physicians, surgeons, chiropractors, osteopaths, or physical therapists duly licensed to practice their respective professions in the state.
2.
Electrolysis treatment by a licensed operator of electrolysis equipment.
D.
Conflicts. The provisions of this chapter shall prevail should any regulatory conflicts arise between this chapter and any other section of this title.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.41.030 Nuisance and unlawful acts.
Any adult-oriented business operated, conducted, or maintained contrary to the provisions of this chapter or this code shall be deemed an unlawful public nuisance. Additionally, the standards and actions contained in this chapter shall be applicable to all adult-oriented businesses.
The city maintains the right provided by law to commence abatement and removal of the nuisance, and may seek legal and monetary relief related to such actions. Any abatement may be in addition to or in lieu of prosecuting a criminal action as provided by law. The city may prevent any person from operating, conducting, or maintaining an adult-oriented business contrary to this code.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.41.040 Permit and license requirements.
A.
Permits Required. All adult-oriented business applications related to any activity identified in Section 11.41.020 shall be required to apply for and obtain an adult-oriented regulatory permit issued by the city, subject to the provisions of this chapter. Any adult-oriented business use, activity, or development that does not meet the intent and standards of this chapter shall not be permitted. An adult-oriented business shall not be established, or a building permit approved, prior to approval of all city licenses, requirements and/or permits.
B.
Business License Required. A city business license shall be required for all the following individuals involved in an adult-oriented business prior to the operation of or any activities at the use:
1.
The operator of the adult-oriented business is required to obtain an adult-oriented business regulatory permit.
2.
Each individual employee or service provider employed directly by, or operating as an independent contractor who collects a fee or receives compensation for, the adult-oriented business is required to obtain an adult-oriented business employee permit.
C.
Unlawful Acts. It is unlawful for any person to operate an adult-oriented business, employ a person, or perform/provide services as an employee of an adult-oriented use without being issued or maintaining a current and valid city-issued adult-oriented business regulatory permit or adult-oriented business employee permit, as applicable.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.41.050 Establishment standards.
All adult-oriented businesses shall be limited by the definitions of the applicable uses outlined in Chapter 11.60, Definitions, and subject to the regulations of this chapter.
A.
Location. The regulated distances of this chapter shall be measured between the nearest property line of the proposed adult-oriented business and the nearest property line defining the residential neighborhood zone or other restricted land use, as measured along a straight line extended between the two points.
1.
No adult-oriented business shall be located within a one-thousand-foot radius of the following:
i.
Any NL, NM, CV, or OS (neighborhood, civic or open space) zoned property.
ii.
Any other adult use or any massage establishment.
2.
No adult-oriented business shall be located within a one-thousand-foot radius of the following:
i.
Any existing educational institution used by minors.
ii.
Any park, playground, or tot-lot.
iii.
Any place of worship.
iv.
Any community assembly use where minors gather.
v.
Any noncommercial establishment operated by a nonprofit religious organization.
The above-stated uses shall hereinafter be referred to as "sensitive uses."
B.
Indoor Activities. All nonparking activities related to the operation of an adult-oriented business shall be conducted within an enclosed building and shall not be visible from any on-site parking or adjacent property. Exposure of any specified anatomical areas outside of the primary enclosed building, including employees entering and exiting for work purposes, shall be strictly prohibited.
C.
Zoning Compliance. Adult-oriented businesses shall comply with all the regulations of the applicable zone.
D.
Reverse Compliance. Establishment of a sensitive use within one thousand feet, or establishment of a nonlegal adult-oriented business within one thousand feet, of a legally established adult-oriented business shall not affect the status of the legally established adult-oriented business.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.41.060 Nonconforming adult-oriented businesses.
Any nonconforming adult-oriented business that does not conform to the provisions of this chapter shall be subject to the following conditions and Chapter 11.55, Nonconforming Uses and Buildings. See "nonconforming use" in Chapter 11.60, Definitions, for clarification.
A.
Continued Operation Limit. Currently established nonconforming adult-oriented business shall be permitted to continue operation for three years from the effective date of this title, unless otherwise terminated sooner.
B.
Abandonment. The discontinuation or abandonment of the nonconforming adult-oriented business for six months or one hundred eighty days, for any reason other than legitimate maintenance, shall result in loss of the nonconforming status, and any future use of the building or property shall be required to conform with the provisions of this chapter.
C.
Limited Operation. Nonconforming adult-oriented businesses shall not be permitted to increase, enlarge, extend, or alter the building or use, unless alterations bring the use into conformance with this title or as defined in Chapter 11.55.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.41.070 Adult-oriented business regulatory permit.
A.
Permit Required. An adult-oriented business regulatory permit is required for all adult-oriented businesses and shall be required regardless of applicant possession of other types of state or city permits or licenses.
B.
Permit Fee. Every application and renewal application shall be accompanied by an application filing fee that shall not be refundable.
C.
Minimum Permit Requirements. Every person who proposes to maintain, operate, or conduct an adult-oriented business in the city shall file an application with the business license division; the application shall include the following information:
1.
The name of the proposed adult-oriented business. If applicable, the applicant shall file the fictitious name of the adult-oriented business and show proof of the fictitious name registration.
2.
A description of the type of business, including the proposed address.
3.
The name(s), address(es), and telephone number(s) of the owner(s) and lessor(s) of the proposed site, applicants, and proposed place of business.
4.
The type of ownership of the proposed business (i.e., individual, partnership, corporation, or otherwise).
5.
Legal name, including any aliases; residential address; government-issued driver's license/identification number; satisfactory written proof of age as eighteen years or older of all individuals involved in an ownership of any kind (individual, partnership, corporation, or otherwise); and all the following:
i.
Partnership ownership: type of partnership (general or limited), partnership's complete name and address, and copy of the partnership agreement with the federal identification number.
ii.
Corporation or limited liability company ownership: complete name; date of incorporation or formation; evidence of good standing under the laws of California; capacities of all officers, directors, managers, and managing members; the name and address of the registered agent for service of process; and the federal taxpayer identification number.
6.
All the following personal information concerning the applicant:
i.
A complete set of fingerprints of the applicant(s) in a manner and form approved by the city police department. Any fees for the fingerprints shall be paid by the applicant.
ii.
Two front-faced, passport-sized photographs of the applicant(s) taken within three months preceding the application date.
iii.
The applicant's (or applicants') complete business, occupation, and employment history related to the operation of any adult-oriented business within five years of the application, including the following:
a.
The complete name and address of said adult-oriented business.
b.
The complete business permit history of the applicant(s), including any application for or government-issued permit or license; the date of issuance of such a permit or license; and whether the permit or license was denied, suspended, or revoked, and the reason for such action.
c.
A list of any charges, proceedings (pending or otherwise), and/or conviction of the applicant(s) within five years of the application, including for a specified criminal act, including all such convictions (even if dismissed or expunged) pursuant to Section 1203.4 of the California Penal Code (or an equivalent statute if the conviction occurred outside of California).
7.
A floor plan showing the interior configuration of the premises, including total floor area occupied by the adult-oriented business drawn to a designated scale and marked with adequate dimensions of the interior of the premises to an accuracy of plus or minus six inches.
8.
A straight-line drawing (radius map), prepared within thirty days prior to application, depicting the building and the portion thereof to be occupied by the adult-oriented business and any use identified in Section 11.41.020(A).
9.
A site plan showing all parking, landscaping, lighting, open space areas, and entrances to the business, as well as any other information required by the city at the time of application.
10.
Authorization for the city, its employees, and agents to seek information and conduct an investigation, including a records check of prior convictions to verify the information contained within the application.
11.
The signature of the applicant under penalty of perjury as to the contents of the application and supporting documents. If the applicant is an individual, he/she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten percent or greater interest in the business shall sign the application.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.42.010 Purpose and intent.
The purpose of this chapter is to protect the health, safety, and welfare of the community by regulating the locations of alcoholic beverage sales in relation to one another and to certain public and private facilities and structures. These provisions further regulate the establishment and operation of land uses to ensure safety and compatibility throughout South Gate.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.42.020 Applicability.
The provisions of this chapter shall apply to the ownership, establishment, enlargement, construction, conversion, modification, operation, renewal, or transfer of ownership of all land uses that include on-sale and off-sale alcohol sales/service activities. In addition to the standards of this chapter, all provisions of Chapter 2.10, Business Regulation, and Chapter 7.28, Alcoholic Beverages, shall apply to all land uses regulated by this chapter. Specifically, this chapter regulates the following:
A.
Land uses proposing to sell alcoholic beverages.
B.
Land uses that propose to change the type of current alcoholic beverage sales, resulting in a change in the type of retail liquor license within a California Department of Alcoholic Beverage Control license classification.
C.
Land uses proposing a substantial change in the mode or character of operation, which includes the following:
1.
A floor area increase of ten percent or more;
2.
A restaurant seating capacity increase of twenty-five percent or more; or
3.
A shelf area increase for the display of alcoholic beverages of twenty-five percent or more.
D.
Any land use providing temporary building space or land area for on-site alcohol sale, service, free distribution, or consumption of alcohol, unless an exemption is applicable.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.42.030 Terminology.
A.
Sale. For the purposes of this chapter, the term "sale" is used and defined as any proffering of alcohol by sale, service, gift, or allowed consumption.
B.
Separation. The regulated distance separation of this chapter shall be measured between the nearest property line of the proposed business or establishment offering the sale of alcoholic beverages (unless otherwise specified) and the nearest property line of the specified land use, as measured along a straight line extended between the two points.
C.
Accessory Use. For the purposes of this chapter, an "accessory use" is when a business establishment's primary sales is other nonalcohol merchandise and but also sells alcohol such as grocery stores or retail stores (i.e., Target).
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.42.040 Nuisance.
It shall be unlawful for a business licensee to violate or fail to comply with any requirement or condition imposed by this chapter, or by final action of the city council. Such violation or failure to comply shall constitute a public nuisance and shall be subject to the same penalties as any other violation of this title.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.42.050 General permit requirements.
A.
License Required. All businesses or establishments offering the sale of alcoholic beverages shall be required to obtain and continuously maintain all applicable California Department of Alcohol Beverage Control licenses. All city permits related to the property, land use, or CUP shall be contingent on the maintenance of required state licenses and adherence to all applicable conditions.
B.
Conditional Use Permit Required. A CUP shall be required for all land uses offering the sale of alcoholic beverages, on-sale or off-sale, within the city. Any application for, and approval of, a CUP for an on-sale liquor establishment shall be consistent with the location and distance requirements of this chapter.
1.
Take-Out Restaurant Limitation. Take-out-only restaurants are not eligible for a CUP for on-site sale of liquor.
2.
Public Assembly Requirements. A temporary CUP shall be required for any alcohol sale at any public assembly event or activity occurring in connection with the rental, lease, donation, or other occupation of a building or structure, unless as exempted below:
i.
The following uses are exempt from the CUP provisions of this section: any nonprofit organization conducting an event or activity with alcohol sales not more than one day each month, or not more than twelve days in any calendar year; provided, however, that any such bona fide nonprofit organization submit to the city, not less than thirty days prior to such event or activity, an application for a special permit authorizing such event or activity.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.42.060 Locational separation requirements.
A.
Limited On-Sale Establishments. The following location requirements shall apply to any on-sale liquor establishment operating under an Alcohol Beverage Control type 40, 42, or 48 license.
1.
Minimum five-hundred-foot separation from any residential zone properties as measured from main entrance to main entrance of the buildings involved.
2.
Minimum five-hundred-foot separation from any similar on-sale liquor establishment as measured from main entrance to main entrance of the buildings involved.
3.
Minimum five-hundred-foot separation between any on-sale liquor establishment and any existing place of worship, school, hospital, park, or playground as measured from property line to property line of the parcels involved.
4.
Closed circuit television must be in operation during business hours.
B.
Off-Sale Establishment. The following separation between uses shall be required; all separation shall be measured from main entrance to main entrance of the buildings involved (for off-sale liquor establishments), or from parcel line to parcel line for non-liquor-related land uses (see subsection (C) of this section, Off-Sale Separation Exemptions).
1.
Minimum five-hundred-foot separation from any residential zone properties.
2.
A minimum five-hundred-foot separation shall be required between any off-sale liquor establishment and any of the following land uses:
i.
Any other off-sale liquor establishment;
ii.
Any existing church, temple, or other place of worship; school; hospital; park; or playground.
3.
A minimum six-hundred-foot separation shall be required between any fueling station with concurrent off-premises beer and wine sales and any of the following land uses:
i.
Any other off-sale liquor establishment;
ii.
Property zoned as residential (NL or NM zone);
iii.
Any existing place of worship, nonprofit religious organization, school, hospital, park, or playground.
4.
Closed circuit television must be in operation during business hours.
C.
Off-Sale Separation Exemptions. The five-hundred-foot separation requirement shall not be applicable to any off-sale liquor establishments as follows:
1.
Located within a retail shopping center of two acres (eighty-seven thousand one hundred and twenty square feet) or more.
2.
Conducting business operations as an existing nonconforming use, with or without a CUP.
3.
Mini-marts as defined in Chapter 11.60, Definitions.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.42.070 Conditions of approval.
Any CUP for a use within this chapter shall include the following minimum mandatory conditions; additional mandatory conditions listed in this section shall be applicable to specific types of liquor sales, as identified.
A.
Mandatory Conditions.
1.
No alcoholic beverages, including beer and wine, shall be consumed on the premises for off-sale uses.
2.
No alcohol sales displays shall be permitted that are visible from the public street or parking lot.
3.
Employees selling alcoholic beverages shall be of an age consistent with Section 25663 of the California Business and Professions Code.
B.
Standard Conditions of Approval.
1.
The validity of the CUP shall be conditioned on compliance with all state regulations and conditions.
2.
The premises shall be maintained at all times in a neat and orderly manner.
3.
Trash receptacles shall be provided in such number and at such locations as specified by the planning commission.
4.
All alcoholic beverages sales, offerings, and consumption shall be conducted completely within an enclosed building on premises, except for in permitted outdoor seating areas for on-sale uses.
5.
Building and site design and maintenance shall be consistent with the standards of the immediate neighborhood so as not to cause blight or deterioration, or to substantially diminish or impair property values within the neighborhood.
6.
The owner/operator or lessee shall be responsible for the conduct of all employees, including their education concerning Alcohol Beverage Control regulations and provisions of this code pertaining to sales of alcohol (e.g., verification of age of purchaser).
7.
The permittee shall acknowledge that the city has specifically reserved the right and authority to impose sanctions, including suspension or revocation of the CUP, as a consequence of one or more violations of a state statute, rule, or regulation concerning the sale to or consumption of alcoholic beverages by a minor.
8.
The permit shall be subject to compliance review of the property and CUP conditions at planning-commission-established intervals; the first compliance review shall occur within six months of permit issuance or actuation.
9.
Any kitchen facility on premises (in conjunction with a restaurant) shall be maintained at all times in a clean and sanitary condition.
10.
Adequate refrigeration shall be maintained at all times for the preservation of any food on the permittee's premises.
11.
The permit shall, after notice to the permittee and an opportunity to be heard, be subject to additional conditions to maintain or remedy land use compatibility, security, or crime control issues that have arisen since the issuance of the permit.
C.
Additional Mandatory Mini-Mart Conditions.
1.
No telephone accessible to the general public shall be installed within the permitted premises.
2.
No arcade-type games, including video games, shall be installed or operated on the permitted premises.
D.
Additional Mandatory Fueling Station Conditions.
1.
No beer or wine shall be displayed within five feet of the cash register or the front door of the permitted premises unless displayed in a permanently affixed cooler.
2.
Drive-through/drive-in sale of alcoholic beverages is prohibited.
3.
No display of beer or wine shall be made from an ice tub.
4.
No beer or wine advertising shall be located on fuel islands, and no self-illuminated advertising for beer or wine shall be located on buildings or windows.
5.
No distilled alcohol shall be sold at any time.
6.
No wine with alcohol levels in excess of nine percent shall be sold at any time in bottles having a capacity of less than seven hundred fifty milliliters.
7.
No sale of beer, wine, or spirits shall be permitted between the hours of two a.m. and six a.m.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.42.080 CUP suspension or revocation.
If the conditions of any CUP issued pursuant to this chapter are violated by the permittee, or by anyone acting under the authority of the permittee, the planning commission shall, in accordance with the procedures and noticing requirements set forth in Chapter 11.51, Permits and Procedures, be authorized to take the following actions:
A.
Consumption by a Minor, State Statues. Any violation related to a state statute concerning alcohol sale to a minor shall result in the following. The city has the authority to identify the reasonable remedy for the CUP violation.
1.
First violation: a fifteen-day permit suspension.
2.
Second violation occurring within three years of the first violation: sixty-day permit suspension.
3.
Third violation occurring within three years of the second violation: the permit shall be revoked.
B.
Consumption by a Minor, Other Regulations. Any violation related to any condition other than a state statute concerning alcohol sale to a minor may result in the suspension or revocation of the permit at the discretion of the city council. The permit may be revoked and reissued with new or modified conditions, as may be appropriate under the circumstances.
C.
Cost Recovery. Reimbursement to the city for all costs and expenses reasonably incurred in investigating, identifying, and documenting the violation, and in processing information concerning the violation, may by imposed as a condition of the continuation, reinstatement, or reissuance of any permit.
D.
Violation Signage. For the duration of any suspension of an alcohol-related CUP, the planning commission, or, upon any appeal, the city council, may direct the permittee to post a sign on the premises of the establishment relating to such suspension. The size, content, and location of such sign shall be as specified by the director.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.42.090 Nonconforming uses.
All nonconforming alcohol sales-related land uses shall be subject to the standards of this section.
A.
Discontinued Nonconforming Uses. Any nonconforming land use engaged in alcohol sales that ceases operations for at least one hundred eighty days (for reasons other than legitimate construction or maintenance) shall not be permitted to recommence operations. All future use of the site shall be required to conform to the standards of the applicable zone and Chapter 11.55, Nonconforming Uses and Buildings.
B.
Suspension and Revocation of Business Licenses. The business license for any existing nonconforming off-sale or on-sale liquor establishment may be modified, suspended, or revoked (subject to procedure and noticing requirements of Chapter 11.51) if the planning commission finds that the existing nonconforming use, as operated or maintained, does any of the following:
1.
Jeopardizes, endangers, or adversely affects the health, peace, or safety of persons residing or working in the surrounding area.
2.
Constitutes a public nuisance.
3.
Results in repeated nuisance activities, including disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assault/battery, acts of vandalism, loitering, excessive littering, illegal parking, excessive loud noises (especially in the late night or early morning), traffic violations, curfew violations, lewd conduct, or police detentions/arrests.
4.
Violates any applicable provisions of this chapter, or any other city, state, or federal regulation, ordinance, or statute.
C.
Required Findings. The following written findings are required to support the recommendation of the planning commission to modify, suspend, or revoke a business license:
1.
Prior governmental efforts to persuade or compel the business licensee to eliminate or mitigate the problems associated with the use have failed; and
2.
The business licensee has failed to demonstrate, to the satisfaction of the planning commission, the willingness and ability to eliminate or mitigate the problems associated with the use.
D.
Legal Standing Requirements.
1.
A business license-related appeal may be taken to the city council in the same manner as prescribed in the applicable provisions of Chapter 2.08.
2.
All business licenses and modifications shall be consistent with the constitutional rights of any person.
3.
Nothing contained in this section shall be deemed to affect or supersede the concurrent authority of the director of building and safety or designee, or the director of finance, to suspend, or to recommend the suspension of, a business license in accordance with the applicable provisions of Chapter 2.08, or any other provisions of law.
4.
This section is cumulative with and in addition to all other available remedies for the abatement of public nuisance activities and nonconforming uses or structures as provided by law.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.43.010 Purpose and intent.
A.
This chapter (the "chapter") establishes the standards for permitting accessory dwelling units ("accessory dwelling units") within the city of South Gate, formerly known as "second dwelling units," on residential properties in accordance with Sections 66310 through 66342 and Sections 65852.27, and 65863.3 of the California Government Code, as amended and effective March 25, 2024. An accessory dwelling unit that conforms to the development and design standards in this chapter shall:
1.
Be deemed an accessory use or an accessory building and not be considered to exceed the allowable density for the lot upon which it is located;
2.
Be deemed a residential use that is consistent with the existing general plan and zoning designation for the lot upon which it is located;
3.
Not be considered in the application of any ordinance, policy, or program to limit residential growth; and
4.
Not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service.
(Ord. 2021-01-CC § 3, 1-26-2021; Ord. 2025-01-CC § 1 (Exh. A), 10-14-2025)
§ 11.43.020 Definitions.
For purposes of this chapter the following terms shall have the meanings indicated:
A.
"Accessory dwelling unit"
means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary dwelling is or will be situated. An accessory dwelling unit also includes (i) an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code and (ii) a manufactured home, as defined below and in Section 18007 of the Health and Safety Code. An accessory dwelling unit must be either (a) attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure, or (b) detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
B.
"Accessory dwelling unit permit"
means the formal, written approval of the community development director approving the application for an accessory dwelling unit.
C.
"Application"
means an application for an accessory dwelling unit permit.
D.
"Attached"
means attached to the primary dwelling.
E.
"Building codes"
means all of the requirements for authorization for the construction, alteration, improvement, modification, demolition or removal of any structure within the city of South Gate, including all codes adopted by reference in the municipal code, including but not limited to the California Building Code, the California Electrical Code, the California Plumbing Code, the California Mechanical Code, the California Residential Code and all local amendments thereto as adopted by the city in the municipal code.
F.
"Building permits"
means all authorizations and permissions required in accordance with all applicable building codes.
G.
"City"
means the city of South Gate.
H.
"Detached"
means detached from the primary dwelling unit.
I.
"Director"
means the community development director of the city of South Gate and all of his/her designees.
J.
"Efficiency unit"
means a dwelling unit which contains all of the following: (i) a living area of not less than one hundred and fifty square feet, plus an additional one hundred square feet for each occupant in excess of two; (ii) a separate closet; (iii) a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than thirty inches in front, together with light and ventilation conforming to Part 2.5 of Title 24 of the California Code of Regulations; and (iv) a separate bathroom containing a water closet, lavatory and bathtub or shower.
K.
"Existing structure"
for the purposes of defining an allowable space that can be converted to an accessory dwelling unit means any accessory structure or any space within an existing single-family dwelling or within an existing multifamily dwelling that can be made safely habitable under local building codes at the determination of the building official regardless of any noncompliance with zoning standards.
L.
"Junior accessory dwelling unit"
means a unit that is no more than five hundred square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
M.
"Livable space"
means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
N.
"Living area"
means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.
O.
"Lot"
shall mean the single legal parcel of real property upon which the accessory dwelling unit shall be located.
P.
"Lot coverage"
shall be calculated including all covered structures (dwellings, attached and detached garages, shops, sheds, porches, greenhouses, etc.) that require building permits, including lattice and other patio covers. Lot coverage does not include eaves that project two feet or less from building. Lot coverage is determined by the amount of coverage on the lot divided by the lot size, except for flag lots where the pole is not considered as part of the lot size when determining lot coverage.
Q.
"Multifamily," "multi-family" or "multiple family"
when used in this chapter shall mean buildings containing two or more primary dwelling units. Multiple detached single-family dwellings on the same lot are not considered multifamily for the purposes of this chapter, limited to two detached single-family dwellings.
R.
"Municipal code"
means the municipal code of the city of South Gate.
S.
"Passageway"
means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
T.
"Primary dwelling"
means a lawfully constructed single-family or multifamily residence existing or proposed on the lot where the accessory dwelling unit may be permitted.
U.
"Proposed dwelling"
means a dwelling that is the subject of a permit application submitted to the city and that meets the requirements for permitting in the city.
V.
"Public transit"
means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
W.
"Qualified buyer"
means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code.
X.
"Qualified nonprofit corporation"
means a nonprofit corporation organized to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.
Y.
Other words and phrases used in this chapter shall have the same meaning as provided in the South Gate Municipal Code.
(Ord. 2021-01-CC § 3, 1-26-2021; Ord. 2025-01-CC § 1 (Exh. A), 10-14-2025)
§ 11.43.030 Location and number.
A.
Location of Accessory Dwelling Units. The provisions of this section authorize an accessory dwelling unit to be located on a lot in any zoning district where residential use is permitted or conditionally permitted that includes a proposed or existing primary dwelling.
B.
Number Allowed.
1.
Single-Family Parcels.
(a)
On lots with one existing or proposed single-family dwelling or two single-family dwellings, detached from each other, one accessory dwelling unit and one junior accessory dwelling unit may be permitted if all of the following apply:
(i)
The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(ii)
The space has exterior access from the proposed or existing single-family dwelling.
(iii)
The side and rear setbacks are sufficient for fire and safety.
(iv)
The junior accessory dwelling unit complies with the requirements of Government Code Sections 66333 through 66339.
(b)
As an alternative to (but not in addition to) the number allowed by subsection (B)(1)(a) of this section, on lots with one existing or proposed single-family dwelling, one detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks may be permitted, and that accessory dwelling unit may be combined with a junior accessory dwelling unit meeting the requirements of subsection (B)(1)(a) of this section. The total floor area of the accessory dwelling unit shall not exceed eight hundred square feet; whereas, the total floor area of the junior accessory dwelling unit shall not exceed five hundred square feet.
2.
Multifamily Parcel.
(a)
At least one such accessory dwelling unit shall be allowed within an existing multifamily structure, and up to a maximum of twenty-five percent of the existing multiple-family dwelling units may be converted to accessory dwelling units.
Multiple accessory dwelling units may be created within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
(b)
Multiple detached accessory dwelling units, not to exceed the number specified in subsection (B)(2)(b)(i) or (B)(2)(b)(ii) of this section, as applicable, may be built on a lot that has an existing or proposed multifamily dwelling. The detached accessory dwelling units are subject to side and rear yard setbacks of four feet.
(i)
On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot.
(ii)
On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units.
(Ord. 2021-01-CC § 3, 1-26-2021; Ord. 2025-01-CC § 1 (Exh. A), 10-14-2025)
§ 11.43.040 General provisions.
The following provisions shall apply to all accessory dwelling units and junior dwelling units:
A.
Residential Use. An accessory dwelling unit shall be used only for residential purposes and no business, enterprise or occupation shall be conducted, permitted or allowed within the accessory dwelling unit.
B.
Compliance with Chapter. No accessory dwelling unit may be constructed, maintained, improved, altered, enlarged, modified, permitted or allowed within the city except as provided in this chapter and within zones that permit residential uses.
C.
Rental and Sale Limitations. Accessory dwelling units may be rented separate from the primary residence. If rented, the rental term shall not be for less than thirty days. The accessory dwelling unit shall not be sold or otherwise conveyed separately from the primary dwelling, except as set forth in subsection H of this section.
D.
Nonconforming Conditions, Code Violations, or Unpermitted Structures. The city 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.
E.
No Minimum Size. There shall be no minimum size for accessory dwelling units which are converted from existing space, besides that which is necessary per building code standards for an efficiency unit.
F.
Deed Restrictions for Junior Accessory Dwelling Units. Before the city will issue a certificate of occupancy for a junior accessory dwelling unit in a single-family residence, the property owner shall record a deed restriction with the Los Angeles County Recorder, and provide the city with a copy bearing the recording information, which deed restriction has been approved by the city attorney as to its form and content and which includes both of the following:
1.
A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
2.
A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this chapter.
G.
Residency Requirements.
1.
Accessory Dwelling Units. Except for a sale pursuant to subsection H of this section, and except for junior accessory dwelling units pursuant to subsection (G)(2) of this section, no owner of the subject lot shall be required to occupy either the primary residence or accessory dwelling unit as the owner's residence.
2.
Junior Accessory Dwelling Units. Owner-occupancy shall be required in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization.
H.
Sales to Qualified Buyers. An accessory dwelling unit may be sold or conveyed separately from the primary dwelling to a qualified buyer if all of the criteria in subsections (H)(1) through (H)(5) of this section are met. For the purposes of this subsection, the term "qualified buyer" means persons or families of low or moderate income, as that term is defined in Health and Safety Code Section 50093.
1.
The accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation. For purposes of this subsection, the term "qualified nonprofit corporation" means a nonprofit corporation organized pursuant to Internal Revenue Code Section 501(c)(3) that has received a welfare exemption under Revenue and Taxation Code Section 214.15 for properties intended to be sold to low-income families who participate in a special no-interest loan program.
2.
There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in Revenue and Taxation Code Section 402.1(a)(10).
3.
The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
(a)
The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies.
(b)
A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation a right to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property.
(c)
A requirement that the qualified buyer occupy the accessory dwelling unit or primary dwelling as the buyer's principal residence.
(d)
Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensure the accessory dwelling unit and primary dwelling will be preserved for low-income housing for forty-five years for owner-occupied housing units and will be sold or resold to a qualified buyer.
(e)
Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant; provided, that the latter cotenant's obligations to each of the other cotenants have been satisfied.
(f)
Delineation of each cotenant's responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or agreement with a third party.
(g)
Procedures for dispute resolution among the parties before resorting to legal action.
4.
A grant deed naming the grantor and grantee, and describing the property interest being transferred, shall be recorded in Los Angeles County. A preliminary change of ownership report shall be filed concurrently with that grant deed pursuant to Revenue and Taxation Code Section 480.3.
5.
If requested by a utility providing service to the primary dwelling, the accessory dwelling unit shall have a separate water, sewer, and/or electrical connection to that utility.
I.
Issuance of Certificate of Occupancy. The city shall not issue a certificate of occupancy for an accessory dwelling unit before the city issues a certificate of occupancy for the primary dwelling.
(Ord. 2021-01-CC § 3, 1-26-2021; Ord. 2022-02-CC (Exh. A § 7), 3-8-2022; Ord. 2025-01-CC § 1 (Exh. A), 10-14-2025)
§ 11.43.050 Development standards.
An accessory dwelling unit may be attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
A.
Floor Area. The following floor area standards for accessory dwelling units apply:
1.
The total floor area of an accessory dwelling unit shall not exceed eight hundred fifty square feet if the accessory dwelling unit has one bedroom or less, and shall not exceed one thousand square feet if the accessory dwelling unit has more than one bedroom.
2.
If the accessory dwelling unit is attached to an existing primary dwelling, the maximum total floor area of the accessory dwelling unit shall be limited to the smaller of (a) the square footage specified in subsection (A)(1) of this section, or (b) fifty percent of the total floor area of the existing primary dwelling.
3.
Junior accessory dwelling units shall not exceed five hundred square feet.
B.
Lot Coverage. The following lot coverage standards for accessory dwelling units apply:
1.
The first eight hundred square feet of either an attached or detached accessory dwelling unit will not count towards the lot coverage of the subject property. Any additional footprint after eight hundred square feet will count towards the lot coverage of the property and the lot coverage limits of the underlying zone shall apply.
2.
An accessory dwelling unit constructed in the same location and to the same dimensions as an existing accessory structure that is converted to an accessory dwelling does not count towards the lot coverage of the property.
C.
Minimum Setbacks. The following setback requirements apply:
1.
No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.
2.
For all other accessory dwelling units, a setback of four feet from the side and rear lines shall be required, and the front setback as required in the underlying zoning designation of the subject property shall apply. Accessory dwelling units that are eight hundred square feet or less may be located within the front yard setback area of the underlying zoning designation, if there is no other area on the parcel that can accommodate the accessory dwelling unit, as determined by the director of community development; provided, that the front yard setback shall not be less than four feet.
D.
Building Separation. There shall be a minimum of six feet separating all construction of the detached accessory dwelling unit from the main building(s) or other accessory structure(s) on the same lot; however, the building separation shall not preclude the development of an eight-hundred-square-foot accessory dwelling unit, per Government Code Section 66323, subdivision (a)(2).
E.
Building Height. The following maximum building height limits (measured from the finished grade to the peak of the roof) apply:
1.
A height of sixteen feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.
2.
A height of eighteen 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. The city 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.
3.
A height of eighteen feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
4.
A height of twenty-five feet or the height limitation in the city's zoning code that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. Notwithstanding the foregoing, no accessory dwelling unit shall exceed two stories.
F.
No Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
G.
Expansion of Existing Structure. An accessory dwelling unit created within an existing accessory structure or an existing primary dwelling may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure or existing primary dwelling. An expansion beyond the physical limitation of the existing accessory structure or existing primary dwelling shall be limited to accommodating ingress and egress. This expansion will be exempt from local development standards.
1.
Accessory structures located within parcels with a single-family dwelling are allowed to be converted and expanded to a maximum of one thousand square feet. The proposed expansion is subject to the development standards of the underlying zone.
2.
Accessory structures located within parcels with multi-family dwellings are not allowed to be expanded beyond one hundred fifty square feet as listed in this subsection G.
H.
Parking. One off-street parking space shall be provided for each accessory dwelling unit. These spaces may be provided as tandem parking on a driveway. Off-street parking shall also be permitted in setback areas in locations determined by city or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. Notwithstanding the foregoing, no additional parking spaces shall be required in any of the following instances:
1.
When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those off-street parking spaces need not be replaced.
2.
No parking is required for a junior accessory dwelling unit.
3.
No parking is required for an accessory dwelling unit in any of the following circumstances:
(a)
Where the accessory dwelling unit is located within one-half of one mile walking distance of public transit;
(b)
Where the accessory dwelling unit is located within an architecturally and historically significant historic district;
(c)
Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure;
(d)
When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit;
(e)
When there is a car share vehicle located within one block of the accessory dwelling unit; or
(f)
When a permit 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 subdivision.
I.
Local Building Code Requirements. Local building code requirements that apply to detached dwellings shall apply to detached accessory dwelling units, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the city building official makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this subsection shall be interpreted to prevent the city from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this chapter.
J.
Private Sewage Disposal or On-Site Wastewater Treatment Systems. If a private sewage disposal system will be used in connection with the accessory dwelling unit, approval by the local health officer shall be a condition to the issuance of the permit for the accessory dwelling unit. The city may require, as part of the application for a permit to create an accessory dwelling unit connected to an on-site wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last ten years.
K.
Detached Garages. A demolition permit application for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit, and both permits shall be issued at the same time. The applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.
L.
Design Standards. The following design standards shall apply to all accessory dwelling units; however, the facade limitation shall not preclude the development of an eight-hundred-square-foot or less accessory dwelling unit, per Government Code Section 66323, subdivision (a)(1) through (a)(4):
1.
An attached accessory dwelling unit shall not involve any changes to existing street facing walls nor to existing floor and roof elevations.
2.
This subsection shall not be interpreted to prohibit a prefabricated structure or manufactured home, as defined in Section 18007 of the California Health and Safety Code.
3.
Accessory dwelling unit design shall integrate building-mounted lighting consistent with the design and character of the structure, at all proposed exterior entrances.
(a)
All exterior lighting shall be shielded in a way so that no light spills onto adjacent properties.
4.
The design, pitch, color, material, and texture of the roof and eave details of an accessory dwelling unit shall be substantially the same as the primary unit.
5.
The color, material, and texture of all building walls, windows, and doors of an accessory dwelling unit shall be similar to and compatible with the primary unit.
6.
Accessory dwelling unit's architectural style and scale shall match the primary dwelling.
7.
Except for a master bedroom that leads to an exterior area, no bedroom shall have a door that leads to an exterior area.
M.
Garage Conversions. Garage conversions shall be allowed subject to the following provisions:
1.
No additional setback shall be required for an existing garage which is converted to an accessory dwelling unit.
2.
The garage door shall be removed and replaced with a new facade. The new facade shall include a minimum of one window or entryway.
N.
Junior Accessory Dwelling Units.
1.
The junior accessory dwelling unit shall be fully located within the walls of an existing or proposed primary dwelling. For purposes of the preceding sentence, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing primary dwelling.
a.
A junior accessory dwelling unit may be proposed as new construction as long as all the following criteria are met:
i.
Junior accessory dwelling unit is limited to five hundred square feet.
ii.
Junior accessory dwelling unit is limited to a studio.
iii.
New construction to accommodate a junior accessory dwelling unit is subject to all development standards applicable to the underlining zone.
2.
The unit shall be no more than five hundred square feet in floor area.
3.
The unit shall provide an exterior entrance separate from the primary dwelling entrance.
4.
The unit may contain separate sanitation facilities or may share sanitation facilities with the primary dwelling. If those facilities are shared, the junior accessory dwelling unit shall include (in addition to the separate entrance from the main entrance to the structure as required in subsection (N)(3) of this section), an interior entry to the main living area.
5.
The unit shall include an efficiency kitchen that shall include the following components:
a.
A cooking facility with appliances; and
b.
A food preparation counter and storage cabinets.
O.
Interior Amenities. Washer/dryer hookups shall be provided within an accessory dwelling unit or the hookups may be provided within a shared common space.
P.
Fire Sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing dwelling.
Q.
Utility Connections and Fees.
1.
Accessory dwelling units shall not be considered new residential uses for the purposes of calculating city and county connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed in conjunction with a new primary dwelling.
2.
For a junior accessory dwelling unit or an accessory dwelling unit located within the existing primary dwelling, a new or separate utility meter shall not be required and a related connection or capacity fee may not be charged, unless the accessory dwelling unit has been constructed with a new primary dwelling.
3.
When the accessory dwelling unit is attached or detached, a new or separate utility meter shall not be required.
4.
The city shall not impose any impact fee upon the development of an accessory dwelling unit less than seven hundred fifty square feet. Any impact fees charged for an accessory dwelling unit of seven hundred fifty square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. As used herein, "impact fee" has the same meaning as the term "fee" as defined in subdivision (b) of Government Code Section 66000, except that it also includes fees specified in Government Code Section 66477. "Impact fee" does not include any connection fee or capacity charge charged by the city or any other local agency, special district, or water corporation.
(Ord. 2021-01-CC § 3, 1-26-2021; Ord. 2025-01-CC § 1 (Exh. A), 10-14-2025)
§ 11.43.060 Application and review process.
A.
Processing Application. Within sixty days of receipt of a completed application, submitted with all supporting documentation to the specifications provided by the director and, if applicable, all fees required for building permits, development and planning approvals, authorizations and permissions, in accordance with Government Code Sections 66000 et seq., the permit application shall be either approved or denied. The permit application shall be considered and approved ministerially, without discretionary review or hearing, upon making a determination that the proposed accessory dwelling unit would be in compliance with this chapter and that all required approvals, permits, authorizations and permissions exist for the lawful use of the accessory uses or will be issued by the appropriate agency or department. Notwithstanding the foregoing sixty-day issuance requirement, if the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the city acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the delay.
B.
Health Official Approval. In the event that the property is served by a functioning private sewage disposal system, any application for an accessory dwelling unit must be approved by the health official for the city before an accessory dwelling unit permit may be issued by the director.
C.
Conditions of Approval. The director may include conditions on the accessory dwelling unit permit that are consistent with this chapter.
D.
If the city denies an application for an accessory dwelling unit or a junior accessory dwelling unit pursuant to subsection A of this section, the city shall, within the time period described in subsection A of this section, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(Ord. 2021-01-CC § 3, 1-26-2021; Ord. 2025-01-CC § 1 (Exh. A), 10-14-2025)
§ 11.43.070 Accessory structures.
The following provisions, in combination with Section 11.43.060 (Application and review process), are minimum requirements for all accessory structures:
A.
Nonhabitable accessory buildings or structures include but are not limited to the following:
1.
Garages;
2.
Carports;
3.
Workshops;
4.
Storage rooms or sheds;
5.
Detached patio covers;
6.
Pool bathrooms.
B.
All nonhabitable accessory buildings or structures, with the exception of a pool bathroom, are not permitted to contain a bathroom.
C.
Pool bathrooms consisting of a three-quarter bathroom are permitted in conjunction with the development of a pool or when a pool exists on the lot.
D.
With the exception of a garage or an accessory dwelling unit, a detached accessory structure shall not be located in the front of the main building or directly between the main building and the street.
E.
All detached accessory structures or buildings within residential zones, except accessory dwelling units, shall be a minimum of five feet from any property line, unless otherwise expressed in this code, be located at least six feet from the main building and be no taller than ten feet high. Garages are allowed an additional two feet in height to accommodate a roof pitch that is aligned with the roof pitch of the primary structure.
F.
Accessory structures are not permitted above a detached garage in residential zones.
G.
Canopy Structures. The following regulations apply to canopy structures on a residential lot:
1.
Canopy structures shall not be not be located on any lot for a period of more than three days.
2.
Canopy structures shall not be located within the view of a public right-of-way, front or side yard area or driveway.
3.
Canopy structures with a maximum projected canopy area of two hundred square feet, maximum height of twelve feet and a maximum length of twenty feet may be located within a rear yard area.
4.
Reflective, mirrored type covering material shall be prohibited.
H.
Storage Containers. Storage containers may be located on a lot developed with a single-family residence on a temporary basis, subject to the following standards:
1.
Short-Term Location. One storage container may be located on a lot up to a total of fourteen days in any calendar year without the approval of any permit.
2.
Administrative Review. One storage container may be located on a lot for up to six months in conjunction with permitted construction activity on the same lot, subject to approval pursuant to an administrative review. Approval pursuant to an administrative review for this purpose may only be undertaken in conjunction with construction activity for which a valid city building and/or grading permit has been issued and continues to remain active and valid. Regardless of the time period for which the presence of the container is approved pursuant to an administrative review, the right to keep the storage container on the lot shall automatically expire upon the expiration or termination of all grading and building permits, or upon the final inspection and completion of associated construction activity. In cases where a storage container has been located on a lot in an unauthorized manner prior to approval by an administrative review, any approved time duration shall commence and run from the date during which the location of the storage container on the lot was first documented.
3.
Where the temporary presence of a storage container has been approved by an administrative review, the deadline for removal of the container may be extended for up to six months by the director of community development for good cause.
4.
Location. The location of a temporary storage container shall be subject to approval pursuant to an administrative review and shall take into consideration such factors as visibility from the street and surrounding properties, and visual and privacy impacts to surrounding properties. The storage container may only be located in the front yard when location in other areas is not feasible or would create other impacts. Location of a storage container on a driveway may only be approved where access to the garage or carport can continue to be provided for at least one vehicle.
5.
Size. Storage containers shall be no greater than twenty feet in length, ten feet in height, and ten feet in width.
6.
Permanent Placement. Permanent placement of storage containers is prohibited on vacant lots and lots developed with residential uses.
I.
Garages and Carports. Garages and carports shall have a minimum interior clear width of eighteen feet and depth of twenty feet between columns or walls. Three-car garages shall have a minimum interior clear width of twenty-seven feet and depth of twenty feet.
1.
Tandem garage parking is permitted in NL or NM zones to comply with a required three-car garage for a single residential unit. This requires a garage to have a minimum of two parking spaces side-by-side at the garage entrance and minimum nine feet by twenty feet shall be provided behind.
(Ord. 2021-01-CC § 3, 1-26-2021; Ord. 2025-01-CC § 1 (Exh. A), 10-14-2025)
§ 11.44.010 Purpose and intent.
This chapter establishes operational and design standards for the provision of adequate recycling and refuse facilities compatible with surrounding land uses, and to ensure that convenient and accessible space is provided for collecting, storing, and loading of such facilities.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.44.020 Applicability.
The standards of this chapter shall apply to the provision of refuse and recycling facilities in all zones within the city, subject to the permitted land uses of the applicable zone. All developments shall provide adequate capacity, number, and distribution of refuse and recycling bins, facilities, and enclosures for the proposed or active land use, consistent with the provisions of this chapter.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.44.030 Standard recycling and refuse receptacles.
All new construction shall provide space for recycling and refuse receptacles. All recycling and refuse receptacles shall have a dedicated enclosure area and be consistent with the standards of this chapter.
A.
General Standards. Required refuse, trash, and/or recycling enclosures shall be consistent with the following standards:
1.
All recycling and refuse areas shall be consistent with the standards of the applicable zone and located within an enclosure per the zone-applicable standards established by this chapter.
2.
All enclosure walls shall be of solid concrete block wall or equivalent.
3.
The enclosure, including cover and doors where applicable, shall be designed to be architecturally compatible with the main building(s).
4.
The enclosure structures shall have heavy-gauge metal gates and be designed with cane bolts on the doors to secure the gates when in the open position. Doors or gates to the enclosure shall be self-closing types.
5.
The enclosures shall be adequate in capacity, number, and distribution.
6.
Openings to a trash enclosure shall not face the primary frontage of the lot.
7.
All refuse and recycling enclosures shall be subject to hauler service consultation, commercial construction standards of the building and safety department, and director approval.
B.
Clearance. Minimum overhead clearance for approach to the bin should be sixteen feet. This clearance is also required at roof lines such as overhanging carports.
C.
Access.
1.
Minimum fourteen-foot-wide driveway is required where straight-through drive and pick-up access is provided.
2.
Where a collection truck has to back out into a driveway area, a minimum eighteen-foot-wide driveway shall be required. Vehicular backing movements into a public street shall be prohibited.
3.
A minimum thirty-six-foot turning radius shall be required in areas where a turnaround is required to exit.
4.
The trash enclosure facility shall be designed to allow walk-in access by building tenants without having to open the main enclosure gate if said facility is larger than ten by fourteen feet.
D.
Design. All outdoor trash, garbage, and refuse collection/storage areas shall be screened on all sides from public view. Such area shall be so located as to be easily accessible for trash pickup.
1.
Type, texture, and color shall be approved by the planning division. The enclosure shall have a decorative exterior surface finish compatible to the main residential buildings. Split-face concrete block finish is recommended. Brick or tile veneer exterior finish should be avoided. Gates shall be architecturally compatible with dwellings.
E.
Additional Space Required. Any land use remodeling or additions (equal to ten percent or more of the existing value or equal to thirty percent or more of floor area) shall trigger the addition of recycling space as if it were new construction.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.44.040 Urban mixed-use zones and commercial industrial zones standards.
All recycling and refuse receptacles shall be enclosed and subject to the standards of Section 11.44.030 and this section.
A.
Refuse and Recycling Enclosure Area. The refuse and/or recycling enclosure shall be four feet by six feet per space or tenant.
B.
Enclosure Area Walls. Enclosure walls shall be a standard height of six feet; the director may require increased height if necessary for adequate screening for adjacent uses.
C.
Location. Facilities and enclosures are prohibited in primary frontage setbacks. Facilities and enclosures shall be permitted within any required interior property line setback areas provided the storage area is completely enclosed by decorative walls, fences, or buildings, or a combination thereof; there is an architecturally compatible roof/cover feature; and there are painted steel view-obstructing gates.
D.
Design. Enclosures shall be composed of three walls and have an architecturally compatible swinging double door on the front.
E.
Foundation. The refuse receptacle structure must have a level concrete slab to accommodate the entire structure footprint and be constructed at the same level as the finished grade.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.44.050 Residential standards applicable to all zones.
A.
Required. Area for storage and collection of refuse and recycling is required for all dwelling units in any zone; the minimum required space is identified in Table 11.44-1.
B.
Multifamily Enclosure Standards. Multifamily projects of five or more units shall be subject to the standards of Section 11.44.030 and shall also incorporate the following recycling and refuse pick-up and enclosure standards.
1.
Provide on-site collection and storage of trash and recyclables. Enclosure walls shall be a standard height of six feet; the director may require increased height if necessary for adequate screening for adjacent uses.
2.
Location.
i.
Collection areas and/or enclosures shall not be permitted within the front setback.
ii.
Minimum five-foot separation from any dwelling unit on an adjacent property, unless otherwise approved by the director.
3.
Refuse and Recycling Areas. A dedicated outdoor area for refuse/recycling shall be provided for all units per Table 11.44-1, or as otherwise recommended by the waste management company.
Table 11.44-1 Multifamily Refuse and Recycling Area | |
|---|---|
Unit | Standard |
2- to 4-Unit Buildings | 8 sq. ft. required per unit |
5-Unit or More Buildings | 16 sq. ft. required per unit |
Enclosure Height | 6 ft. required, screen from public view |
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.44.060 Recycling facilities standards and conditions.
All recycling facilities shall require permits for placement, construction, and operation, subject to the provisions of the applicable zone land use table. All recycling facilities shall meet all the standards in this section applicable to the facility type and the standards established by Table 11.44-2, Recycling Facility Development Standards.
A.
Valid Permits. Administrative permits shall be valid for three years.
1.
Subsequent permit applications may be allowed; approval of subsequent permits shall be based on existing conditions, not on previous permit approval.
2.
At the expiration of the permit, the collection facility shall be removed from the site on the day following permit expiration unless a new permit is secured prior to the expiration.
3.
Violation of any of the standards of this section shall result in permit revocation.
4.
Minor modifications and/or minor exemptions to any of the standards of this section may be made under the applicable permits, subject to director approval.
B.
Standards. Additional standards and conditions associated with a CUP shall also apply. All recycling facilities shall meet the following:
1.
Meet the standards and requirements of the zone that the facility is located in, except as more restrictively modified by this chapter.
2.
Not occupy a required primary use parking space unless additional parking is provided or as conditioned by a CUP.
3.
Have sufficient capacity to accommodate materials collected.
4.
Be constructed and maintained with durable waterproof and rustproof material and be secure from unauthorized entry and from removal of materials.
5.
Be maintained in a clean, litter-free condition on a daily basis; recycled materials shall not be left outside of the facility when unattended. Maintenance and cleanliness of the facility shall be the responsibility of the operator/owner of the host business/facility.
6.
Facilities shall be illuminated appropriately to ensure comfortable and safe operation during all operating hours.
7.
Facilities shall be clearly marked to identify:
i.
The type of material to be deposited;
ii.
Operating instructions;
iii.
The telephone number of the operator or responsible person to call for maintenance or repair;
iv.
Hours of operation; and
v.
A notice stating that no material shall be left outside of the recycling enclosure or containers.
8.
All utility lines servicing the facility shall be located in adjacent walls or underground and screened from public view, as appropriate.
9.
All exterior storage of materials, where permitted, shall be kept in sturdy covered containers, and secured and maintained in good condition. All storage areas shall be screened from public view and landscaped. Nonflammable storage containers are required for flammable material storage. Enclosures shall be compatible with adjacent buildings. No storage shall be visible from the public right-of-way.
10.
A facility that accepts used motor oil for recycling shall operate in accordance with Section 25250.11 of the California Health and Safety Code.
11.
The facility shall be located and constructed so as not to create an unsightly appearance. Landscaping or screening from public view may be required by the permitting authority to ensure compatibility with surrounding land uses.
12.
After-hours recycling containers, where permitted, shall be of sturdy, rustproof construction and shall be screened from public and street elevation view.
13.
No dust, fumes, smoke, vibration, or odor above ambient levels shall be detectable on neighboring properties.
Table 11.44-2 Recycling Facility Development Standards | ||||||
|---|---|---|---|---|---|---|
Reverse Vending | Small Collection Facilities | Large Collection Facilities | Processing Facilities | Industrial Collections and Processing Facilities | Notes | |
Minimum Site Area | — | — | — | — | 2 acres, 87,120 sq. ft. | |
Size | 50 sq. ft. | 500 sq. ft. | See definition, Chapter 11.60, Definitions | |||
Height | 8 ft. | — | See definition, Chapter 11.60, Definitions | |||
Number of Units | 1 per parcel | — | — | — | — | |
General Minimum Setback | ||||||
Right-of-Way | 10 ft. | 10 ft. | Per zone | Per zone | Per zone | |
Building | 30 ft. | — | — | — | — | |
Required Minimum Residential Property Line Setback | ||||||
Container | 20 ft. | 600 ft. | 150 ft. | 600 ft. | 600 ft. | Note 1 |
Driveways /Access | 30 ft. | 300 ft. | 300 ft. | 300 ft. | 300 ft. | |
Signage per Unit | 4 sq. ft. | 16 sq. ft. | 20 sq. ft. | 20 sq. ft. | Per CUP | Note 2 |
Minimum Landscape Buffer | — | — | 10 ft. | 10 ft. | 20 ft. | Note 3 |
Parking Required | In addition to Chapter 11.33, Parking Standards, requirements | |||||
Customer | None | None | 6 spaces or equal to peak load* | 10 spaces or equal to peak load* | 10 spaces or equal to peak load* | Note 4 |
Commercial Vehicle Operated by the Facility | None | None | 1 per vehicle | 1 per vehicle | 1 per vehicle | Note 4 |
Operation Hours | ||||||
Weekdays and Saturdays | Match hours of primary land use | 9 a.m. to 7 p.m. | Ongoing; or 7 a.m. to 7 p.m. | Ongoing; or 7 a.m. to 7 p.m. | 7 a.m. to 7 p.m. | Note 6 |
Sundays and Holidays | Match hours of primary land use | 9 a.m. to 7 p.m. | Ongoing; or 9 a.m. to 6 p.m. | Closed | Closed (Note 7) | Notes 5 and 6 |
Notes: |
|---|
sq.ft. = square feet. |
* whichever is higher. |
1. Not permitted on a parcel adjacent to neighborhood low (NL)/neighborhood medium (NM) zone. |
2. Exclusive of operating instructions. |
3. Along all street frontages. |
4. The placement of the unit shall not encroach on or impede required parking for primary land use. |
5. Large collection and all processing facilities shall be administered by on-site personnel during the limited hours of operation. |
6. Hours shall be limited as noted if the facility/unit is within six hundred feet of NL/NM zoned property. |
7. Facility shall be closed only if the facility is unenclosed within six hundred feet of NL/NM zoned property, or an enclosed facility within three hundred feet of NL/NM zone; otherwise, facility shall be permitted to be open per the weekday operation hours. |
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.44.070 Reverse vending machines.
Reverse vending machines shall meet the following standards, in addition to those established by Section 11.44.050, Residential standards applicable to all zones, and Table 11.44-2, Recycling Facility Development Standards:
A.
Reverse vending machines shall not require discretionary permits if located within a permitted use structure.
B.
May only be established in conjunction with a conforming use or community service facility that is in compliance with the fire code of the county of Los Angeles.
C.
Machines shall not be located within one thousand feet of a liquor store or a business that sells alcohol.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.44.080 Small collection facilities.
Small collection facilities, including mobile recycling units and reverse vending machines, shall meet the following standards, in addition to those established by Section 11.44.050, Residential standards applicable to all zones, and Table 11.44-2, Recycling Facility Development Standards:
A.
Accept only glass, metals, plastic containers, papers, and reusable items.
B.
Use no power-driven processing equipment except for the reverse vending machines.
C.
Use containers that are constructed and maintained with durable waterproof and rustproof material that are covered when the site is not attended, secured from unauthorized entry or removal of materials, and of a capacity sufficient to accommodate materials collected and the collection schedule.
D.
Mobile facilities, at which containers are removed at the end of each collection day, shall be swept at the end of each collection day.
E.
Signs may be provided as follows:
1.
Signs shall be consistent with the character of the location.
2.
Directional signs bearing no advertising message may be installed with director approval to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.
3.
The director may authorize increases in the number and size of signs upon findings that they are compatible with adjacent businesses.
F.
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.
G.
Facilities shall not be located within one thousand feet of a liquor store or a business that sells alcohol.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.44.090 Large collection facilities.
A large collection facility, exceeding the maximum small facility size, shall meet the following standards, in addition to those established by Section 11.44.050, Residential standards applicable to all zones, and Table 11.44-2, Recycling Facility Development Standards:
A.
Screened from the public right-of-way by operating in an enclosed building or be compatible with surrounding structures.
B.
Enclosed by an opaque fence a minimum of eight feet in height with landscaping, as approved in the permit.
C.
Storage shall not be visible above the required fencing.
D.
Exterior storage permitted subject to the standards of this section.
E.
Containers for after-hours recycling are permitted per the standards of this section.
F.
Power-driven processing, including aluminum foil and can compacting, baling, plastics shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved through a CUP.
G.
Facilities shall not be located within one thousand feet of a liquor store or a business that sells alcohol.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.44.100 Processing facilities.
Processing facilities shall meet the following standards:
A.
The facility shall not abut a residentially zoned property.
B.
Power-driven processing shall be permitted, provided all noise requirements are complied with. Processing activities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source-separated recyclable materials, and repairing of reusable materials.
C.
All storage areas shall be screened from public view and landscaped. Any enclosures shall be compatible with adjacent buildings.
D.
Oil storage must be in a container approved by the director.
E.
No storage shall be visible from the public right-of-way.
F.
On-site personnel is required during the hours of operation.
G.
Containers for after-hours recycling are permitted per the standards of this section.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.44.110 Industrial collections and processing facility.
Industrial collection and processing facilities shall meet the following standards, in addition to those established by Section 11.44.050, Residential standards applicable to all zones, and Table 11.44-2, Recycling Facility Development Standards:
A.
Not be located on a primary arterial highway identified by the general plan, including the following:
1.
Firestone Boulevard;
2.
Long Beach Boulevard;
3.
Atlantic Avenue;
4.
Imperial Highway;
5.
Garfield Avenue;
6.
Paramount Boulevard;
7.
Century Boulevard.
B.
Not to abut or not to be located directly across a public street from an NL zone or NM zone property.
C.
No oil, grease, petroleum products, or other harmful hazardous or noxious liquids shall be allowed to run off the yard or absorb into the ground.
D.
The facility shall comply with all applicable storm drain requirements, as stipulated by Chapter 6.67.
E.
Power-driven processing shall be permitted, provided all noise requirements are complied with. Activities may include baling, briquetting, crushing, compacting, grinding, shredding, sawing, shearing, and sorting recyclable materials, and the heat reduction or melting of such materials.
F.
Exterior storage is permitted subject to the standards of this section.
G.
Outdoor storage area(s) shall be fully screened by a maximum fifteen-foot-high solid decorative wall, subject to design review as part of the permit process. No storage, excluding truck trailers, shall be visible above the height of the wall.
H.
Landscaping shall be subject to design review as part of the permit process, and shall comply with the Department of Water Resources Model Water Efficient Landscape Ordinance (MWELO).
I.
Noise levels shall not exceed sixty-five dBA.
J.
Containers for after-hours recycling are permitted per the standards of this section.
K.
Signage painted on walls is prohibited.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.45.010 Purpose and intent.
The purpose of this chapter is to establish operational and design standards applicable to all vehicle fueling stations ("fueling stations") that are accessible to the general public and within the city. Standards of this chapter are intended to manage the demand for, manage appropriate access to, and regulate the safety of all traditional fueling stations, alternative fueling stations, and other vehicle energy source stations for passenger and fleet vehicles.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.45.020 Applicability.
The provisions of this chapter shall apply to the establishment, relocation, structural alteration, and addition of floor space for all fueling stations. All fueling stations, including all types of traditional and alternative fueling and charging methods, shall be subject to the provisions of this chapter.
A CUP is required for all activities related to the establishment or reestablishment of a fueling station.
A.
Alterations. The building, relocation, or structural alteration, including addition of floor space equal to or exceeding ten percent, shall be subject to a CUP; alterations limited to bathroom facilities or accessibility upgrades per the Americans with Disabilities Act shall be exempt from this CUP requirement. A one-time structural alteration of less than ten percent is permitted without a CUP.
B.
Reestablishment. Closure of the fueling portion of any fueling station for a period exceeding one hundred eighty days will result in the city initiating the process to revoke the associated CUP; issuance of a new CUP shall be required prior to reopening the station or business activities associated with the station. See subsection (C) of this section, Maintenance and Expansion, for exceptions.
C.
Maintenance and Expansion. Minor repairs and routine maintenance is permitted and encouraged. Temporary nonoperation of a business for repairs, maintenance, or permitted renovations shall not count as closure for the purposes of subsection (B) of this section; the closure period shall start on the date final permits are approved.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.45.030 Permitted activities.
A.
Related Uses. The operation and maintenance of a fueling station may combine any of the following automotive-related uses to properly serve fueling, charging, and related retail sale needs. All land use activities conducted in conjunction with a fueling station, including the activities listed below, shall be conducted within a building and shall be subject to the permit requirements of the applicable zone.
1.
Sale of vehicle fuels, oils, charging components, and affiliated fueling parts, and display racks of automotive-related products are prohibited on pump islands or outside of an enclosed building structure.
2.
Sale of general automotive items shall be conducted within a building and shall be subject to the permit requirements of the applicable zone.
3.
Service and maintenance operations shall be conducted within a building and shall be subject to the permit requirements of the applicable zone.
4.
Retail convenience markets shall be conducted within a building and shall be subject to the permit requirements of the applicable zone.
5.
The sale of compressed natural gas, liquefied petroleum, or other type of fuels shall be regulated by the local fire code.
6.
Automotive sales, new or used, are prohibited in conjunction with a vehicle fueling station.
7.
A single-bay car wash, with either manual or automatic equipment permitted as an accessory use, shall be subject to accessory use standards.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.45.040 Development standards.
A.
Site Location. Where permitted by the applicable zone, the establishment of new fueling stations may be permitted on corner parcels at the intersection of two boulevards (primary arterials), two avenues (secondary arterials), or the intersection of a boulevard and avenue as consistent with the South Gate general plan.
B.
Minimum Lot Area. The minimum required lot area for the establishment of a new fueling station shall be as follows. These requirements shall not apply to the remodeling or expansion of a preexisting fueling station.
1.
Fueling Station. Minimum seventeen-thousand-five-hundred-square-foot lot area; minimum of one hundred twenty-five feet of frontage on any adjacent public street.
2.
Fueling Station with Rental Facility. Minimum eighteen-thousand-square-foot lot area or as approved suitable by the director.
C.
Building Placement. Service, maintenance, and repair buildings shall meet the minimum building placement requirements of the applicable zone and the setback requirements of Table 11.45-1, Vehicle Fueling Station Development Standards. Building setbacks shall be regulated by the applicable zone.
1.
Secure Layout. Site layout shall be designed to ensure maximum security for employees and patrons. Safe site layout shall address adequate lighting; minimum dead space (e.g., hidden alleys); efficient circulation; adequate defensible space; and limit conflicts between pedestrians, vehicles, and site patrons.
2.
Circulation. Any ancillary services (e.g., air, water, utilities, and vending machines) shall be located in an area that does not impede vehicular traffic.
Table 11.45-1 Vehicle Fueling Station Development Standards | |
|---|---|
Required Fueling Setbacks | |
Fuel Pump Island | 15 ft. from any PL |
Charging/Energy Source Station | 15 ft. from any street PL |
PL Site Walls | |
Front Setback Area | Not required; maximum height permitted 36 inches; proper corner visibility required |
Along Interior PL | Wall required, 6-ft. maximum height |
Shielding Public Restroom | Wall required, 5-ft. minimum to 6-ft. maximum height |
Required Features | |
Planting Area | 3-ft. minimum width |
Curb Required | 6-inch minimum height/width |
PL = property line. |
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.45.050 Minimum functional requirements.
In addition to the conditions of a CUP, the following provisions are the minimum requirements for all fueling stations.
A.
Administrative Plan Review. All fueling station CUPs shall be subject to administrative plan review to validate consistency with the applicable zone and the provisions of this chapter. The CUP application shall be accompanied by complete plans that include buildings, pump islands, walls, setbacks, landscaping, lighting, storage and refuse areas, drainage, curb cuts, and a lighting plan consistent with Chapter 11.30, General Property Standards.
B.
Site Layout Standards.
1.
Drainage. Drainage shall be regulated elsewhere in this code.
2.
Driveways. Access driveways shall have a minimum width and shall be designed in accordance with the city's roadway standards. Driveways shall be located at least forty feet from the intersecting point of street right-of-way lines at a street corner.
3.
Site Walls. All site walls shall be solid fencing or walls with landscaping street screens; see "solid wall" definition in Chapter 11.60, Definitions. All walls and screening shall be architecturally compatible with the main building.
i.
Blank walls are prohibited. Landscaping features, landscaped areas as described in subsection (B)(4) of this section, climbing vines, or other similar landscape elements shall be used along all walls facing a public street frontage or alley to deter graffiti.
4.
Landscaping. Landscaped areas shall be established and maintained on all vehicular fueling station sites. The landscaped area shall comprise a minimum of twenty percent of the lot area and shall be provided along street frontages and at the intersection corner, except for driveways, subject to director approval. Not less than seventy-five percent of the landscaped area shall be covered with live landscaping such as lawn, ground cover, trees, or shrubs, and not more than twenty-five percent shall be covered with hard surfaces such as gravel, landscaping, rock, concrete, artificial materials, or other impervious materials. Landscaped areas shall be equipped with a permanent automatic irrigation system and be continually maintained.
5.
Refuse and Recycling Receptacles. Refuse and recycling receptacle(s) appropriate to meet the needs of the site shall be provided consistent with the provisions of Chapter 11.44, Recycling and Refuse Facilities.
i.
Any refuse area on a vehicular fueling station site shall be walled or screened from view of pedestrian or vehicular traffic. Solid fences or walls and screens shall be designed to be compatible with the appearance of the main facility.
ii.
All discarded parts and materials shall be deposited into a completely enclosed container, concealed from adjacent properties.
6.
On-Site Noise. All on-site noise from general activities and signal and address systems shall be regulated to be consistent with the provisions of Chapter 11.34, Noise Control Program, and the general plan. Adequate landscaping and solid fencing shall be installed to control the effects of noise from facility operations when adjacent to a residential use or zone.
7.
Repair Facilities. All permitted vehicle maintenance and repair shall be conducted entirely within an enclosed building. Vehicles being serviced or stored for customers shall not be parked on streets, alleys, public sidewalks, or in the public street right-of-way.
8.
Public Restrooms. A public restroom is required and shall be screened from view from adjacent properties or street rights-of-way with a decorative block wall.
9.
Car Wash. A car wash bay is permitted as an accessory use to vehicle fueling stations, consistent with the regulations in this section. The car wash is limited to one vehicle bay, operated with either manual or automatic equipment.
i.
A car wash bay shall be set back a minimum of eight feet from any abutting residential use or zone.
ii.
Car wash bays shall be subject to on-site noise standards, described in subsection (B)(6) of this section.
iii.
When abutting a residential use or zone, the hours of operation of the car wash bay shall be limited to between seven a.m. and ten p.m.
iv.
Sufficient space on the lot shall be provided to accommodate three vehicles waiting for the car wash bay, in addition to other spaces provided for the primary use.
10.
On-Site Lighting. Lighting shall be designed, controlled, and maintained so that no source of light is visible from off the property and lighting does not unreasonably disturb occupants of adjacent properties or interfere with traffic. All outdoor lighting shall be provided with full cut-off fixtures. The use shall extinguish all outdoor lighting that is not fully shielded at close of business or by eleven p.m., whichever is earlier. There shall be no flashing, moving, or animated lights.
11.
Safety. All fueling tanks and charging stations shall be protected from impact from vehicles by means of crash posts, fences, railings, or similar structures.
12.
Buffers. The uses shall be provided with buffers of such dimensions that occupants of adjacent structures are not unreasonably disturbed, either by day or night, by the movement of vehicles or by outdoor lighting.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.45.060 LPG use and siting standards.
Due to the nature and safety regulations of liquefied petroleum gas (LPG), all LPG storage and sales facilities shall be required to meet the following minimum requirements and standards.
A.
Maximum LPG tank size shall not exceed one thousand one hundred fifty gallons. All LPG applications shall be limited to an ancillary permitted use in conjunction with a fueling station.
B.
All LPG storage containers shall be located a minimum of fifty feet from any neighborhood zone property.
C.
All LPG tanks shall be protected from vehicle impact by appropriate fencing or crash posts.
D.
No self-service LPG facility shall be permitted.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
§ 11.45.070 Abandonment.
All violations of this chapter, violations of CUP requirements, or abandonment of any vehicle fueling station shall be considered a nuisance and grounds for city initiation of abatement procedures. Abatement may be undertaken by the director and/or building and safety director, which may include civil remedies and criminal sanctions as set forth in Chapter 11.56, Enforcement.
A.
Abatement Measures. Abatement measures may include removal of all on-site and underground structures associated with the fueling station, closure of such structures, and remediation of any environmental hazards or damages caused by such structures or by their abandonment.
B.
Permit Revocations. In any case where the owner has not ceased or corrected the nuisance caused by the abandonment of the fueling station, the building and safety department may notify any federal, state, county, or other appropriate governmental or regulatory agency of the unabated abandonment and request the immediate revocation of any unexpired licenses or permits, and may further revoke or cause to be revoked any applicable city permits or licenses.
C.
Restricted Use. No city business license or permit shall be issued to the owner of an abandoned fueling station if the owner has failed or refused to cease and correct the nuisance caused by such abandonment, or has failed or refused to reimburse the city for the full costs of removal and site cleanup.
(Ord. 2323 § 1 Exh. A (part), 4-28-2015)
