No person shall perform live entertainment for patrons of an adult business except upon a permanently fixed stage that is at least 18 inches above the level of the floor, separated by a distance of at least 6 feet from the nearest area occupied by patrons, and surrounded with a 3-foot high stationary barrier. No patron shall be permitted within 6 feet of the stage while the stage is occupied by a performer.

When patrons are present at the establishment, they shall not be allowed to directly touch, fondle, or caress, as those terms are defined in Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986), the performers while they are performing. This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no touching requirements by signs placed on the barrier and if necessary by employees of the establishment.

It is unlawful for any operator of an adult business to allow such adult business to remain open for business or to permit any employee to engage in a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of 2:00 a.m. and 11:00 a.m. of any particular day.

It is unlawful for any employee of an adult business to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of 2:00 a.m. and 11:00 a.m. of any particular day.

The hours of operation of any adult business that has a permit from the State Department of Alcoholic Beverage Control (ABC) shall be governed by the provisions of its ABC permit and not by this Section.

The operator shall not permit any doors on the premises to be locked during business hours and, in addition, the operator shall be responsible for seeing that any room or area on the premises shall be readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement officer.

Access to X-rated movies or video tapes shall be restricted to persons over 18 years of age. If an establishment that is not otherwise prohibited from providing access to persons under 18 years of age sells, rents, or displays videos that have been rated "X" or rated "NC-17" by the motion picture rating industry ("MPAA"), or which have not been submitted to the MPAA for a rating, and which consist of images that are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas," said videos shall be located in a specific section of the establishment where persons under the age of 18 shall be prohibited.

Commercial dairies;

Commercial kennels or rabbit, fox, goat, and other animal-raising farms;

Egg-producing ranches and farms devoted to the hatching, raising, fattening, and/or butchering or chickens, turkeys, and other poultry on a commercial scale;

Hog and other livestock-feeding ranches;

Ranches operated publicly or privately for the disposal of garbage, sewage, rubbish, and offal;

All child day care centers shall comply with all applicable State of California regulations and requirements at all times.

The business operator shall obtain all licenses and permits required by State law for the operation of the facility. The provider shall keep all State licenses or permits valid and current.

The notice shall include information on the right to request a hearing on the application.

The notice shall be mailed by the Director within 15 days after receipt of a complete application.

The minimum area of a client intake and waiting area shall be no less than 10 square feet of floor area for each bed provided at the emergency shelter facility.

A client intake and waiting area shall not be located within a required yard area. For an emergency shelter facility located in a zoning district where a yard setback is not specified, the client intake and waiting area shall not be located between a building and the public right-of-way.

A client intake and waiting area shall be fully screened from view from all public streets adjoining the emergency shelter facility.

In order for an entertainment use to be permitted, the primary permitted use must have a minimum floor area of 1,500 square feet or a legal seating capacity of 50 persons or more.

At least one restroom shall be provided for each gender, as required by the Uniform Building Code.

No more than 30 percent of the seating/retail area of the primary use shall be utilized for the purpose of providing entertainment.

The minimum parking requirements for the primary use shall be met.

Live entertainment is limited to 3 or fewer performers, who are providing music and/or song that is an ancillary activity of the business.

Entertainment in the form of "karaoke" consists of pre-recorded music that is accompanied by singing performed by non-compensated patrons of the business.

Sound from entertainment activity shall not be audible more than 50 feet from the business as measured from the exterior walls of the tenant lease space or building if entertainment is part of a stand-alone business.

All doors, windows, entrances and exits shall remain closed during any performance.

Any performance must take place inside the business and in an area designated for the performance that will not interfere with entrances, exits, emergency exits, or the free flow of patrons through the business.

Stages or raised platforms must comply with all State and local laws.

No lines may form outside the business.

The use of third party promoters at the business is prohibited.

Entrance fee, cover charge, minimum drink or food order requirements to enter or remain in the premises is prohibited.

A police permit in conformance with all provisions in Title 5 of the Westminster Municipal Code shall be obtained.

Fish products;

Sauerkraut;

Vinegar;

Yeast;

The rendering or refining of fats and oils.

Outside storage of materials, equipment and products related to the business is not permitted.

Storage of materials, equipment and sample products related to the business is permitted inside the garage; provided the storage does not diminish the parking spaces required by this Title. The use of carports or parking stalls for the storage of business related material is prohibited.

Merchandise not produced on the premises must be kept and stored for purposes of sale off the premises; except for samples which are small articles that can be carried by one person in a case or other portable container. For purposes of this standard, materials typically involved in providing contracting services, such as plumbing, heating, air conditioning, electrical, carpentry, and landscaping are not included within the meaning of the clause "small articles."

The home-based business shall not create any radio or television interference or create discernable noise, glare, dust, odor, vibrations, or unreasonable disturbance, in excess of that which is acceptable to a reasonable person's sense for a residential use and/or in excess of Westminster Municipal Code Section 8.28.040, Standards—Exterior noise.

The home-based business may not involve any process which is harmful to the natural environment, including disposal of grey water or other waste into the City storm drains or other illegal pollution.

The home-based business shall not involve the storage or use of explosive, flammable materials, specifically defined as hazardous materials.

A kitchen, including at a minimum a sink, garbage disposal, refrigerator, stove with oven, and a counter top;

A separate bathroom, including at a minimum a sink, toilet, and shower;

A closet for storage space.

Mobilehome occupant information.

Converting park information.

Comparable mobilehome park information.

Relocation impact information. The applicant shall state how a relocation compensation plan will be implemented to comply with this Section. The plan shall include the park owner's or applicant's procedure to accommodate the home owners or unrelocatable homes and the specific relocation compensation benefits and options available to each home owner. The specific relocation benefits and options proposed shall be provided to each home owner by certified or registered mail before filing the Conversion Impact Report.

The appraised value shall be determined by a certified member of a nationally recognized appraisal association(s) who is qualified to appraise mobilehomes, accessory structures, and appurtenances as herein noted.

The appraisal shall be conducted no more than 60 calendar days prior to the submittal of the appraisal.

Nothing herein shall preclude the parties from entering into a good faith agreement as to the value of the home at any time.

Negotiate with the applicant for the proposed hazardous waste facility project on the detailed terms of, and conditions for project approval, which would protect the public health, safety and welfare, and the environment of the City and its surroundings and would promote the fiscal welfare of the City through special benefits and compensation;

Represent generally, in negotiation with the applicant, the interests of the residents in the City and the interests of adjacent communities;

Receive and expend the technical assistance grants made available as specified in Section 17.510.030 of this Title;

Adopt rules and procedures which are necessary to perform its duties as outlined herein;

Advise the City of the terms, provisions, and conditions for project approval which have been agreed upon by the Local Assessment Committee (LAC) and the applicant and any additional information which the Local Assessment Committee (LAC) deems appropriate. The legislative body of the City may use this advice for their independent consideration of the project;

Cease to exist after final administrative action has been taken by the State and local agencies on the permit application for which the Local Assessment Committee (LAC) was formed.

A completed Conditional Use Permit application form;

A completed public hearing notification package;

An initial environmental assessment form;

Property owner verification/property owner's permission to construct facility;

Fees and deposits as required by resolution;

A comprehensive and accurate site plan drawn to the specifications of the City's site plan standards, which are on file with the Community Development Department, in addition to the following:

Complete building elevations of all sides of all structures, including all exterior details and height dimensions;

Complete and accurate roof plan of all structures;

Full floor plan of all buildings, with the interior dimensions of rooms and a description of their use shown;

A full landscaping and irrigation plan per the City's landscaping standards;

A complete grading plan of the site;

Sections of all structures on the site.

A Health and Safety Assessment, which shall evaluate, at a minimum, the area within 2,000 feet of the exterior boundaries of the site which is designated a sensitive area, and shall evaluate all potential health and safety impacts on sensitive populations. Sensitive populations shall include, but not be limited to, residential populations, employment populations, and immobile populations such as schools, hospitals, convalescent homes, jails, and other similar facilities within the area of potential impact. The assessment must take into consideration the quantities and the physical and chemical characteristics of the specific types of waste that would be handled, the facility design features, and planned operation practices. The assessment must analyze in detail all probabilities of accidents or spills at the site as well as transportation-related accidents from the point of origin to the facility. Such analysis shall identify and explain, in detail, mitigation measures to reduce identified risks.

A Traffic Impact Assessment which identifies the existing conditions on the circulation system within the sensitive area of the proposed hazardous waste facility. The assessment shall identify the potential impacts the facility may have upon the existing network of roads, and the ability of local safety personnel to respond to any potential accident, and the ability to evacuate adjacent businesses, schools, hospitals, and residences.

Geological/Seismic/Hydrological Assessment that assesses the geological, seismic, and hydrological structure and conditions of the sensitive area. All earthquake faults within the sensitive area must be identified. The assessment must include maps and text explaining the composition and suitability of the underlying soil profile and strata, including the effects the project will impose upon these areas and the underlying water table.

A Noise/Visual Assessment that indicates the potential noise and visual impacts the proposed facility will place upon the sensitive area and the community as a whole. The assessment must include a noise contour map of the ambient noise levels within the sensitive area.

An Air Quality Impact Assessment that describes in detail the existing air quality of the sensitive area and the changes that will occur as a result of the project being built. Potential mitigation measures must be discussed in detail.

A Materials Processing Assessment which identifies the amounts (tonnage) and types of hazardous wastes to be treated at the proposed facility, the source of these wastes, the ultimate disposition of the wastes, and the anticipated life of the facility. Information shall be provided on the amount, sources, and types of hazardous waste to be treated based on an actual survey of the industries to be served and, thereby, be representative of the wastes that will be processed at the facility.

A preliminary Facility Monitoring Plan that identifies an ongoing monitoring program to ensure no unintentional release of any hazardous substance from the site. The plan must address by type and quantity, the movement, on-site and off-site, of all waste at the site along with the processing that it is subject to. This shall include any ongoing monitoring required by other permitting agencies such as the State Department of Health Services, the South Coast Air Quality Management District, the Environmental Protection Agency, the Midway City Sanitary District, etc.

A Preliminary Contingency Plan for emergency procedures designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste constituents to air, soil, or surface water. The plan shall provide for its immediate implementation whenever there is fire, explosion, or release of hazardous waste constituents which could threaten human health or the environment. The preliminary contingency plan shall address the requirements included in subsection O, Minimum Development Requirements.

A Fiscal Impact Study which clearly demonstrates in a detailed fashion the financial impacts that the project will place upon the City.

Prevent the unknowing entry, and minimize the possibility of the unauthorized entry, of persons onto any portion of the facility.

Provide a 24-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) that continuously monitors and controls entry onto the facility.

Construct an artificial or natural barrier (e.g., a wall or a wall combined with a landscape berm) that completely surrounds the facility.

Provide all gates or other entrances into the facility with adequate means to control entry at all times. Signs stating, "Danger—Hazardous Waste Area—Unauthorized Personnel Keep Out," shall be posted at each entrance to the facility and at other locations in sufficient numbers to be seen from any approach. The sign shall be written in English, Spanish, and Vietnamese, and shall be legible from a distance of at least 25 feet.

The actions employees must take in response to a fire, explosion, or unplanned release of hazardous waste;

Arrangements agreed to by local emergency-response officials;

The names, addresses, and telephone numbers (office and home) of all persons qualified to act as emergency coordinator. (If more than one name is listed, the order in which they may assume authority shall be given, with one person designated as primary coordinator.) The emergency coordinator shall be available to respond to an emergency and shall have the responsibility for coordinating all emergency response measures. The emergency coordinator shall be familiar with all aspects of the contingency plan, all operations and activities of the facility, the location and characteristics of waste handled, and general facility layout. The emergency coordinator shall have the authority to commit the resources needed to carry out the contingency plan;

A listing of all emergency equipment at the facility, including its location and an outline of its capabilities;

An evacuation plan for employees where evacuation may be necessary, including signals used to begin evacuation, primary evacuation routes, and alternate routes.

In event of an emergency (imminent or natural) fire, the emergency coordinator shall immediately activate facility alarms to notify employees and shall contact appropriate State or local emergency response agencies;

In the event of a fire, explosion, or release of any hazardous material, the emergency coordinator shall immediately identify the character, exact source, amount, and real extent of any released materials. Concurrently, the emergency coordinator shall assess possible hazards, both direct and indirect, to human health or the environment that may result from the emergency;

If the emergency coordinator determines that the facility has had a release, fire, or explosion that could threaten human health and the environment outside the facility, the emergency coordinator shall report his or her findings as outlined in subsections K.2.d and e;

If evacuation is necessary, local officials shall be so notified;

The emergency coordinator shall, in every situation, notify the State Office of Emergency Services at 1-800-852-7550, providing the following information:

During the emergency, the emergency coordinator shall take all reasonable measures to ensure that fires, explosions, and releases do not occur or spread, including such measures as:

If the facility stops operations during an emergency, the emergency coordinator shall monitor for leaks, pressure build-ups, and gas generation or ruptures in valves, pipes, or other equipment as appropriate;

Immediately after an emergency, the emergency coordinator shall provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material resulting from a release, fire, or explosion;

Other activities required of the emergency coordinator after an emergency are:

Owner/operator responsibilities shall be identified in the contingency plan to include, at minimum, the following:

Within 15 days, submit a written report of the incident to the State Department of Health Services. The report shall include:

The facility permit is revised;

Applicable regulations are revised;

The plan fails in an emergency;

Operations at the facility change in a way that materially increases the potential of fire, explosion, or unplanned release of hazardous waste;

The list of emergency coordinators changes;

The list of emergency equipment changes.

To ensure the safety and security of the community and the operation of the facility, the owner shall:

The hazardous waste facility is required to have a contingency plan designed to minimize hazards to human health and the environment from fires, explosions, or unplanned release of hazardous waste to the air, soil, or surface water. The plan shall be carried out immediately whenever a fire, explosion, or unplanned release occurs. The contingency plan shall include:

Facility emergency coordinator responsibilities shall be identified in the contingency plan to include, at minimum, the following:

Owner/operator responsibilities shall be identified in the contingency plan to include, at minimum, the following:

Monitoring.

The owner or operator of a hazardous waste management facility shall submit a written closure plan. A copy of the approved plan and all revisions to the plan shall be kept at the facility until closure is completed. The plan shall identify steps necessary to completely or partially close the facility at any point during its intended operating life and to completely close the facility at the end of this intended operating life. The closure plan shall include at a minimum:

To ensure financial responsibility, the owner/operator shall show proof of liability insurance as follows:

Installation of the exterior bedroom door shall not facilitate subdivision of the interior of the dwelling unit into smaller, independent separate living or dwelling units.

The door shall be decorative in nature and the area of the door shall be at least 50 percent translucent, such as a sliding glass door or French doors.

The door shall provide access to an improved landscaped or recreational area, such as a garden, spa, or patio, in the rear or side yard. If the exterior bedroom door opens onto a side yard, the side yard shall have a minimum dimension of 10 feet.

Installation of the staircase shall not facilitate subdivision of the interior of the dwelling unit into smaller, independent living spaces or dwelling units including accessory dwelling units and junior accessory dwelling units.

The exterior door leading to the second-floor landing of the staircase shall be decorative in nature and the area of the door shall be at least 50 percent translucent, such as a sliding glass door or French doors.

The staircase shall provide access from the second floor to an improved landscaped or recreational area, such as a garden, spa, or patio.

The interior staircase of the dwelling shall be retained and shall be utilized as the primary means of access to the second floor of the dwelling.

A deed restriction stipulating compliance with the above conditions shall be recorded on property in all cases where a second floor exterior staircase is approved.

Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

Housing that is subject to any form of rent or price control by the city;

A parcel or parcels on which an owner of residential real property exercised rights under Government Code section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date of the application; or

Housing that has been occupied by a tenant in the last three years.

New units. The gross floor area of each new primary dwelling unit developed as part of an SB 9 two-unit housing development shall not exceed 800 square feet.

Existing units.

Setbacks for an existing structure or structure in the same location. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

Minimum front, side, and rear setbacks for a new structure. Except for those circumstances described in subsection (C)(5)(a) above, the setback from side and rear lot lines shall be four feet. The front setback shall be as set forth in the single-family residential R1 zone.

The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code Section 21155(b) or a major transit stop as defined in Public Resources Code Section 21064.3; or

There is a car share vehicle located within one block of the parcel.

If there is an existing primary dwelling that was legally established on the lot prior to the filing of a complete application for a two-unit housing development, any new additional primary dwelling unit must be exactly the same as the existing primary dwelling unit in roof design and dominant roof pitch. The dominant roof pitch is the slope shared by the largest portion of the roof.

If two new primary dwelling units are proposed, the dwellings must be exactly the same as each other in roof design and dominant roof pitch. The dominant roof slope is the sloped shared by the largest portion of the roof. Flat or shed roofs are not permitted, and minimum roof pitch must be 3:12.

Each development shall be designed to provide on-site vehicular access, circulation, back-up, and turn-around areas that comply with all applicable City standards.

Where the street frontage of a lot (or the combined street frontage of the two lots created through an urban lot split) is less than 81 feet, all units on the lot (or all units on both lots created through an urban lot split) shall share and take vehicular access from the same drive approach and driveway.

Driveways shall maintain a minimum width of 20 feet, unless a wider width is required for emergency access.

Adequate access to each residential unit on the lot for fire and emergency medical service personnel and vehicles must be provided. The Orange County Fire Authority must confirm that all applicable fire and emergency access requirements are met before the City will approve a project.

Each dwelling unit on a lot must have its own direct utility connection to the utility/public service provider.

All necessary and/or required easements for the provision of electricity, gas, water, sewer, and other utility or public service to the lot and each primary dwelling unit must be provided by the property owner/applicant.

Submitted plans shall show the location and dimension of all proposed above-ground and underground utility and public service facilities serving the lot and each dwelling unit and the location and dimensions of all related easements.

Height; stories,

Front setback,

Maximum driveway and/or walkway coverage,

Open space,

Lot coverage,

Building separation.

The maximum cumulative area of a non-garage detached accessory structure(s) shall not exceed 200 square feet provided at least 1,000 square feet of contiguous open space remains in the rear yard.

A 3-foot setback shall be maintained from the interior side and rear property lines when a detached structure is located within the rear 1/3 of the lot. Detached, accessory structures in the front 2/3 of the lot shall maintain side and rear setbacks established for main buildings.

A 10-foot street side setback shall be maintained for all corner lots.

Any portion of an accessory structure designed as a deck, platform, or walking or play area, including the top portion of an elevated playhouse/treehouse or platform, swimming pool slide, diving board, must maintain a 15-foot side and rear setback. This restriction does not apply if the adjacent properties are not zoned for residential use.

The maximum height of the building or structure shall not exceed 15 feet to the roof peak, except where structures contain a flat roof or shed roof, then the plate line shall not exceed 10 feet in height. For non-roofed structures, the maximum height shall be 10 feet to the highest portion of the structure, including, but not limited to, play equipment.

Eave overhangs or other similar projections shall not be closer than 2 feet to any side or rear property line.

The detached accessory structure shall maintain a minimum 6-foot separation from dwelling units.

When designed and used for a garage, workshop or shed, the building or structure shall be consistent with the architecture of the surrounding neighborhood and shall be compatible with the materials, color palette, architectural theme, and roof pitch of the main building.

Accessory structures may not contain temporary or permanent kitchen or cooking facilities.

Accessory structures may not be used for cooking or sleeping purposes. No person may sleep or otherwise reside in an accessory structure at any time whether such use is temporary or permanent, and whether or not compensation is provided.

Accessory structures may not contain bathroom fixtures except for a lavatory, toilet, and shower if in conjunction with an on-site, permanent, in-ground swimming pool. Spas, whether in-ground or above ground, and above-ground pools are not considered swimming pools for the purposes of this Section.

For lots with an existing or proposed single-family dwelling, one ADU may be on the lot.

For lots with an existing multifamily residential dwelling:

For lots without an existing multifamily residential structure where a new multifamily residential structure is proposed, up to 2 detached ADUs may be on the lot, provided that:

On a lot with a proposed or existing single-family dwelling, one attached or detached ADU that is 800 square feet or less, with a height not exceeding 16 feet, with setbacks of at least 4 feet from the side and rear yards and complies with applicable front yard setbacks.

On a lot with an existing multifamily dwelling, up to 2 detached ADUs that are 800 square feet or less and which have a height not exceeding 16 feet, and which comply with setbacks of at least 4 feet from the side and rear yards, and which comply with front yard setbacks.

All ADUs must be connected to public utilities, or their private equivalent, including water, electric, and sewer services. For example, if required by the Building Standards Code, dwelling units that are proposed to be installed on a property with only septic tanks are prohibited.

Except for ADUs created solely by converting an existing single-family dwelling or a single-family accessory structure, the city may require a separate utility connection.

Attached ADUs. The maximum floor area of an attached ADU shall be 1,200 square feet or 50% of the living area of the primary dwelling, whichever is greater.

Detached ADUs. 1,200 square feet of floor area.

Conversion. An ADU which is converted entirely from within a lawful existing structure is not subject to a maximum floor area requirement. The resultant primary dwelling does need not comply with the minimum floor area requirements of Municipal Code Section 17.210.015, although it must still comply with Building Standards Code requirements relating to minimum floor areas.

Setbacks for converted ADUs. No setbacks are required for either: (i) those portions of ADUs that are created by converting existing living area or existing accessory structures to new ADUs; or (ii) constructing new ADUs in the same location and to the same dimensions as an existing structure.

Setbacks for non-converted ADUs. For all other ADUs, there must be a minimum of 4 feet of setbacks from side and rear lot lines and comply with all applicable front yard setbacks.

Distance between structures on a single-family lot. For a single-family zoned lot, for any detached ADU which is new construction, there must be at least 6 feet between the ADU and the single-family dwelling and all other detached accessory structures.

Distance between buildings on a lot with multifamily zoning. For a lot in a multifamily zone, newly constructed detached ADUs must be at least 10 feet from any other dwelling units (other than detached ADUs that are attached to each other) on the property, and at least 6 feet from accessory structures.

Public/private easements. No portion of an ADU (whether new construction or converted from existing space) may encroach into any public or private easement such as a utility easement unless the easement holder has provided written permission to construct the ADU in the manner proposed. Roof eaves may not be eliminated to meet the easement requirements. To establish a rebuttable presumption of compliance with these easement requirements, applicants may provide to the city a written declaration, in a form acceptable to the City Attorney, affirming under penalty of perjury compliance with these requirements.

Single-family. For lots with a single-family development, there are no open space requirements for an ADU. However, if the primary dwelling requires open space for a reduced setback per Section 17.210.015, ADUs of 800 square feet or less may have such requirements reduced, as described in subsection B.4, above.

Multifamily. For a lot which has an existing multifamily structure, there are no open space requirements for the ADU. However, all open space, lot coverage, open space standards for the primary dwelling shall apply except to the extent that such standards would prohibit up to 2 detached ADUs which do not exceed 800 square feet in size, which are no taller than 16 feet in height and which comply with 4-foot rear and side yard setback per subsection B.3.

In addition to the required parking for the primary unit, one parking space shall be provided unless the ADU has no bedrooms (e.g., a studio), in which case no parking space is required. The required parking space may be provided as:

Notwithstanding the foregoing, no parking space shall be required for an ADU if:

Raised landings. Raised landings and platforms shall only lead into an exterior entryway of an ADU and shall not exceed 50 inches in depth nor more than 6 inches in excess of the width of the adjoining doorway.

Porches and patio covers. If an unenclosed covered porch or covered area will be no more than 200 square feet, will be attached to a detached ADU, and an entrance to the ADU can be accessed through the porch/covered area, the covered porch/covered area shall not be required to meet the requirement of Municipal Code Section 17.400.130.B.2.ato have at least 1,000 square feet of contiguous open space in the rear yard.

Within single-family dwelling. On a lot with a proposed single-family dwelling in a residential or mixed-use zone, up to one detached ADU may be constructed, or one ADU may be constructed within the single-family residence. If an ADU is to be constructed within a new single-family dwelling, such ADU is allowed only if the single-family dwelling complies with all applicable requirements for single-family residential dwellings including lot coverage, setbacks, etc.

Second story. If the ADU is located on the upper floor of the new single-family dwelling, or if the ADU contains a second floor, the ADU shall also comply with all applicable requirements for single-family homes including setbacks, lot coverage, etc.

Single-family unit. On a lot with an existing single-family dwelling in a residential or mixed-use zone, up to one ADU may be constructed within the single-family residence or within an accessory structure. Such ADU must have exterior access and side and rear setbacks sufficient for fire safety. An expansion of to 150 square feet beyond the same physical dimensions as the existing accessory structure to accommodate access to the ADU is allowed.

Multifamily unit. ADUs may be constructed within those portions of existing lawful multi-family structures that are not used as livable space (i.e., storage rooms, boiler rooms, passageways, attics, basements, or garages), provided the spaces meet state building standards for dwellings. The number of interior ADUs permitted on the lot shall not exceed 25% of the current number of units of the multifamily complex on the lot and at least one such unit shall be allowed.

Parking. When a garage, carport, or covered parking structure is demolished for the purpose of allowing a new ADU, the off-street parking spaces do not have to be replaced.

Demolition. No garage may be demolished without first having obtained a demolition permit.

Driveway. The existing driveway leading to a garage may remain. The driveway may only be removed if it is replaced with landscaping or open space, and the curb cut and driveway apron are removed and replaced with a curb and gutter which meet city standards.

Service station shall also include, when conducted within the service station building, the servicing of fuel pumps, fuel lines, mufflers, exhaust pipes, grease retainers, wheel bearings, universal joints, repairing of carburetors, tires, electrical wiring, brakes, flushing of carburetors, steam cleaning, and washing, except automatic and self-service washing.

Service station shall also include, when conducted within the service station building, the overhaul of engines, differentials and transmissions; provided, that said repair shall only constitute an incidental part of the service station operation, and shall not be obnoxious or offensive by reason of emission of odor, smoke, noise or vibration.

Service station shall specifically exclude all painting, body and fender repair, welding, tire recapping, vehicle storage, equipment rental, and the display of items not incidental or related to motor vehicles, with the exception of items displayed in connection with a food market.

Landscaping. Planter areas and tree wells shall be constructed and equipped with irrigation facilities and landscaped prior to final building inspection. The landscaping plan shall be approved by the Director.

Walls. Where adjacent to developed residential property, or separated from a residential property by an alley, a 6-foot-high masonry wall, stepped down to 36 inches within 20 feet of the front property line, shall be constructed. The height of the wall shall be measured from the highest finished or existing grade level of the service station site and abutting properties. Where the development of adjacent property is undetermined, a bond may be posted in lieu of constructing the wall until a building permit is issued for the improvement of the adjacent property.

The provisions contained in this code governing signs shall apply; provided, that all signs shall be prohibited within the area between the street side property lines and the pump islands, including that area which is a prolongation of an imaginary line running parallel with the street face of the pump islands.

Any lights to illuminate or advertise the service station shall be directed away from streets and adjacent residential properties.

The regulations contained in this code pertaining to service stations shall apply to the storage and display of new and used merchandise; provided, that no outside display of any kind shall be located within the area between the street side property lines and the pump islands, including that area which is a prolongation of an imaginary line running parallel with the street face of the pump islands.

A solid, masonry wall 5 feet high shall protect from public view a minimum trash storage area 5 feet by 7 feet and of sufficient dimensions to contain accumulation of trash, and shall be located so that such area shall not interfere with motor vehicle circulation on the premises.

No vehicles shall be parked or stored upon the premises, except vehicles being serviced, vehicles of employees, or service vehicles used in the operation of the station.

The market shall have a minimum of 1,200 square feet of gross floor area.

The display area devoted to alcoholic beverages shall not exceed 25 percent of the total display area of the market.

No sale of alcoholic beverages shall be permitted from the pump islands or from any drive-up or walk-up window.

No external signs or window advertising for alcoholic beverages shall be displayed in such a manner as to be visible from the exterior of the building.

No amusement devices shall be allowed on the premises.

Employment projects developed by the project applicant, subject to approval by the Director; or

Employment projects developed by the Director using the following employee generation factors by type of use:

The employment projection for a development of mixed or multiple uses shall be calculated on a case-by-case basis upon the proportion of development devoted to each type of use.

At least 15 percent of the employee parking spaces shall be reserved and designated for carpool vehicles by marking such spaces "Carpool only."

Carpool spaces shall be used only by carpool vehicles in which at least two of the persons will be employees or tenants of the proposed project, or where a reciprocal preferential carpool parking agreement with other developments has been established with the approval of the Director.

Such carpool spaces shall be located near the building's employee entrance(s) or at other preferential locations within the employee parking areas as approved by the Director.

The intent of this Section is not to preclude parking arrangements for visitors and handicapped but to provide preferential carpool parking within the general employee parking areas. The factors listed below shall be used to determine the number of employee parking spaces.

The total number of employee parking spaces shall be determined by using the following factors by type of use as specified in Chapter 17.320, Off-Street Parking and Loading:

Bicycle parking and locker facilities shall be provided in a secure location for use by employees or tenants who commute to the worksite by bicycle. The number of facilities/racks to be provided shall be at the rate of at least 5 racks and lockers for every 100 employees or fraction thereof. Where the provisions of this Section conflict with the provisions of Section 17.320.040, Bicycle Parking, the provision requiring the greater number of bicycle parking facilities shall prevail.

A shower and locker-room facility for employees of each sex shall be provided in each building of 100,000 or more gross square feet. For any development containing 100,000 or more total combined gross square feet, but which does not contain any single building of 100,000 or more gross square feet, the Director or Commission may require such development to provide shower and locker room facilities in a convenient and accessible location for use by employees of all tenants.

A transportation information center shall be provided within each building of over 25,000 square feet. This area shall be centrally located and accessible to all employees or tenants.

Information in the area shall include, but not be limited to:

Bus stop improvements, including bus pullouts, bus pads, and right-of-way for bus shelters, shall be required for all applicable developments located along high traffic volume streets and established bus routes.

Bus stop improvements shall be determined in conformity with standard traffic engineering principles including, but not limited to:

Bus stop locations shall be determined in conjunction with the Orange County Transportation Authority.

A stealth facility shall be designed and constructed in a scale substantially in conformity with and/or architecturally integrated with surrounding building designs or natural settings, so as to be visually unobtrusive.

A stealth facility mounted on structures or on architectural details of a building shall be externally treated to substantially match existing architectural features and colors found on the building or structure(s). Façade-mounted wireless communication facilities shall be integrated into the building's architecture through design, color, and texture.

Roof-mounted stealth facilities shall be on an area of the roof where the visual impact is minimized and shall be screened from view as required by the zone in which the facility is being placed. Roof screening shall meet the requirements of this Title for such screening and shall be consistent in design, color, texture, and materials with any existing mechanical screening and the design of the building on which the stealth facility is located, to the extent that such design or materials do not affect the performance of the wireless facility. The screening shall be contiguous with and connected to any existing rooftop screening, when appropriate, as well as connected to the roof pursuant to the requirements of this Title, as required by the zoning district in which the facility is being placed.

Aboveground and partially buried stealth facilities shall be screened from surrounding properties and surrounding areas open to the general public, including public rights-of-way, when there exists a visual aesthetic impact. Any visible portion of such stealth facilities shall be externally treated to be substantially architecturally compatible with surrounding structures and/or screened using appropriate techniques, including landscaping, to camouflage, disguise, and/or to blend into the environment. Applicants for wireless facilities shall endeavor to locate such facilities in an area that will be least visible from surrounding properties and public places, including public rights-of-way.

The visible, exterior surfaces of wireless communication facilities shall be constructed out of and/or covered by nonreflective materials.

The colors and materials for wireless communication facilities, their equipment, and any other appurtenances shall minimize the visibility of the wireless communication facility. Facilities that will be primarily surrounded by or viewed against soils, trees, or grasslands shall be painted colors reasonably matching these landscapes.

All ground-mounted wireless communication facilities and related equipment shall be screened by landscaping when there exists a visual impact from the proposed facility. Existing on-site vegetation shall be preserved intact or improved.

All landscaping shall meet the landscaping requirements of the zoning district in which the facility is located. Additional landscaping may be required by the City if such additional landscaping is necessary to meet the requirements of this Section.

All facilities for which applications were not approved prior to 04/01/2019 shall be subject to and comply with all provisions of this Section.

All facilities for which applications were approved by the City prior to 04/01/2019 shall not be required to obtain a new or amended permit until such time as a provision of this Code so requires. Any wireless telecommunication facility that was lawfully constructed prior to 04/01/2019 that does not comply with the standards, regulations and/or requirements of this Section, shall be deemed a nonconforming use and shall also be subject to the provisions of subsection U of this Section.

All facilities, notwithstanding the date approved, shall be subject immediately to the provisions of this Section governing the operation and maintenance (subsection L) cessation of use and abandonment (subsection O), removal and restoration (subsection P) of wireless telecommunications facilities and the prohibition of dangerous conditions or obstructions by such facilities (subsection M); provided, however, if a condition of approval conflicts with a provision of this Section, the condition of approval shall control until the permit is amended or revoked.

Exclusions . This Section does not apply to any entity legally entitled to an exemption from these zoning requirements pursuant to State or Federal law.

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

The proposed facility will be installed on an existing or replacement pole that meets all of the following requirements:

Either: (i) the City has issued all required encroachment permits and entered into any required franchise agreement(s); or (ii) it is a condition of the issuance of the permit that no construction begin in reliance on this permit until the City has issued all required encroachment permits and entered into any required franchise agreement(s).

All accessory equipment is housed in a container which is either:

Unless otherwise approved via approved design standards, antennas must be:

Neither a discretionary Wireless Telecommunications Facilities Permit nor a Major Wireless Telecommunications Permit is required.

The Director may issue a discretionary Administrative Wireless Telecommunications Facility Permit for new, modified, or collocated facilities that meet all the following criteria:

The Director may, in the Director's discretion, refer any application for an Administrative Wireless Telecommunications Facility Permit to the Planning Commission for approval.

If the Director determines that any application submitted for a discretionary Administrative Wireless Telecommunications Facility Permit does not meet the criteria of this Code, without a hearing, the Director shall convert the application to a Major Wireless Telecommunications Facility Permit application and refer it to the Planning Commission.

The Director may only approve an Administrative Wireless Telecommunications Facility Permit after complying with the procedures required by Chapter 17.630 ("Public Hearings and Administrative Review") which apply to administrative discretionary review applications.

Any applicant that seeks approval of 5 or more wireless telecommunications facilities may elect to submit an application for a Master Development Plan Permit, or may apply separately for each permit, unless otherwise prohibited by law. The proposed facilities in a Master Development Plan shall be reviewed together at the same time and subject to the same requirements and procedures applicable to a Major Wireless Telecommunications Facility Permit.

A Master Development Plan Permit shall be deemed an approval for all wireless telecommunications facilities within the plan; provided, however, that an individual encroachment permit shall be required for each wireless communications facility.

After the approval of a Master Development Plan Permit, any deviations or alterations from the approved plan for an individual wireless telecommunications facility shall require either a Major Wireless Telecommunications Facility Permit or an Administrative Wireless Telecommunications Facility Permit, as applicable.

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

Eligible applicants. Only applicants who have been granted the right to enter the public right-of-way pursuant to State of Federal law, or who have entered into a franchise agreement with the City permitting them to use the public right-of-way, shall be eligible for a permit to install or modify a wireless telecommunications facility or a wireless telecommunication collocation facility in the public right-of-way.

Speculative equipment prohibited. The City shall not approve any equipment or other improvements in connection with a Wireless Telecommunications Facility Permit when the applicant does not actually and presently intend to install such equipment or construct such improvements.

Application form. In addition to the information required of an applicant for an encroachment permit or any other permit required by this Code, each applicant requesting approval of the installation or modification of a wireless telecommunications facility in the public right-of-way shall fully and completely submit to the City a written application on a form prepared by the Director.

Simultaneous cabling. No applicant seeking to install wireless antennas shall seek an encroachment permit for fiber or coaxial cable only. Applicants shall simultaneously request fiber installation or other cable installation when seeking to install antennas in the right-of-way.

Contact information. The name, address, email address, and telephone number of the applicant, owner and the operator of the proposed facility.

Signed authorization. If the applicant is an agent, the applicant shall provide a duly executed letter of authorization from the owner of the facility. If the owner will not directly provide wireless telecommunications services, the applicant shall provide a duly executed letter of authorization from the person(s) or entity(ies) that will provide those services.

Owner authorization. If the facility will be located on or in the property of someone other than the owner of the facility (such as a street light pole, traffic signal pole, utility pole, utility cabinet, vault, or cable conduit), the applicant shall provide a duly executed written authorization from the property owner(s) authorizing the placement of the facility on or in the property owner's property.

Description. A full written description of the proposed facility and its purpose.

Engineering plans. Detailed engineering plans of the proposed facility and related report prepared by a professional engineer registered in the State documenting the following:

Justification study. If the applicant believes that denial of the application would constitute an "effective prohibition" of wireless service in violation of Federal law, the applicant shall provide all evidence establishing that the denial of the proposal would materially limit or inhibit the ability of any competitor or potential competitor to compete in a fair and balanced legal and regulatory environment. If the applicant does not believe that there would be such a violation, such information need not be provided.

Site plans. Site plan(s) to scale, specifying and depicting the exact proposed location of the pole, pole diameter, antennas, accessory equipment, access or utility easements, landscaped areas, existing utilities, adjacent land uses, and showing compliance with subsection G ("Design Requirements").

Elevations. Scaled elevation plans of proposed poles, antennas, accessory equipment, and related landscaping and screening.

Environmental assessment. Documents that may be necessary to comply with the California Environmental Quality Act.

Exemption justification. If the applicant requests an exception to the requirements of this Section (in accordance with subsection U), the applicant shall provide all information and studies necessary for the City to evaluate that request.

Visual impact analysis. An accurate visual impact analysis showing the maximum silhouette, viewshed analysis, color and finish palette and proposed screening for the facility, including scaled photo simulations from at least 3 different angles.

RF exposure checklist. Completion of the radio frequency (RF) emissions exposure guidelines checklist contained in Appendix A to the Federal Communications Commission's (FCC) "Local Government Official's Guide to Transmitting Antenna RF Emission Safety" to determine whether the facility will be "categorically excluded" as that term is used by the FCC.

RF compliance report. For a facility that is not categorically excluded under the FCC regulations for RF emissions, the applicant shall submit an RF exposure compliance report prepared and certified by an RF engineer acceptable to the City that certifies that the proposed facility, as well as any facilities that contribute to the cumulative exposure in the subject area, will comply with applicable Federal RF exposure standards and exposure limits. The RF report must include the actual frequency and power levels (in watts Effective Radio Power "ERP") for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site.

FAA documents. Copies of any documents that the applicant is required to file pursuant to Federal Aviation Administration regulations for the facility.

Noise study. A noise study prepared by a qualified acoustic engineer documenting that the level of noise to be emitted by the proposed wireless telecommunications facility will comply with this Code including subsection G.2.l.ii.

Traffic control. A traffic control plan when the proposed installation is on any street in a non-residential zone. The City shall have the discretion to require a traffic control plan when the applicant seeks to use large equipment (e.g., crane).

Landscape plan. A scaled conceptual landscape plan showing existing trees and vegetation and all proposed landscaping, concealment, screening and proposed irrigation with a discussion of how the chosen material at maturity will screen the site.

Propagation maps. A written description identifying the geographic service area for the subject installation including geographic and propagation maps, that identifies the location of the proposed facility in relation to all existing and planned facilities maintained within the City by each of the applicant, operator, and owner, if different entities, as well as the estimated number of potentially affected uses in the geographic service area. Regardless of whether a Master Deployment Plan Permit is sought, the applicant shall depict all locations anticipated for new construction and/or modifications to existing facilities, including collocation, within 2 years of submittal of the application. Longer range conceptual plans for a period of 5 years shall also be provided, if available.

CPCN. Certification that applicant is a telephone corporation or a statement providing the basis for its claimed right to enter the right-of-way. If the applicant has a certificate of public convenience and necessity (CPCN) issued by the California Public Utilities Commission, it shall provide a copy of its CPCN.

Application fee. An application fee, and a deposit for a consultant's review as set forth in subsection D of this Section in an amount set by resolution by the City Council and in accordance with California Government Code Section 50030.

Mock-up. Proof that a temporary mock-up of the facility and sign has been installed at the proposed location for a period of at least 30 calendar days.

Compliance with applicable radio frequency emission standards, whether any requested exception is necessary to comply with Federal law;

The accuracy and completeness of submissions;

Technical demonstration of the unavailability of alternative sites or configurations and/or coverage analysis;

The applicability of analysis techniques and methodologies;

The validity of conclusions reached or claims made by applicant;

The viability of alternative sites and alternative designs; and

Any other specific technical issues identified by the consultant or designated by the City.

Planning Commission hearings. Any permit application under this Section subject to Planning Commission approval shall require notice and a public hearing and be processed consistent with the requirements of Chapter 17.630 ("Public Hearings and Administrative Review), and particularly Table 6-2 (See Section 17.630.010). The Planning Commission may approve, or conditionally approve, an application only after it makes the findings required in subsection H.

Decision by Planning Commission. The Planning Commission may approve, or conditionally approve, an application only after it makes the findings required in subsection H. Within 10 days after the Planning Commission approves or conditionally approves an application under this Section, the Director shall issue a notice of the decision and any applicable conditions of approval shall be provided to the applicant at the contact information provided on the application.

Notice of shot clock expiration. The applicant is required to provide the City written notice of the expiration of any applicable shot clock, which the applicant shall ensure is received by the City (e.g., overnight mail) no later than 20 days prior to the expiration.

Written decision required. All final decisions made pursuant to this Section shall be in writing and based on substantial evidence in the written administrative record. The written decision shall include the reasons for the decision.

Screening. The applicant shall employ screening, undergrounding and camouflage design techniques to be architecturally compatible with surrounding structures using appropriate techniques to camouflage, disguise, and/or blend into the environment, including landscaping, color, and other techniques to minimize the facility's visual impact as well as be compatible with the architectural character of the surrounding buildings or structures in terms of color, size, proportion, style, and quality.

Space. Each facility shall be designed to occupy the least amount of space in the right-of-way that is technically feasible.

Landscaping. Where appropriate, each facility shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs. Additional landscaping shall be planted, irrigated and maintained by applicant where such landscaping is deemed necessary by the City to provide screening or to conceal the facility.

Modification. Consistent with current State and Federal laws and if permissible under the same, at the time of modification of a wireless telecommunications facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities.

Security. For a Major Wireless Telecommunications Facility Permit or a Master Deployment Plan Permit, permittee shall pay for and provide a performance bond or other form of security approved by the City Attorney's office, which shall be in effect until the facilities are fully and completely removed and the site reasonably returned to its original condition, to cover permittee's obligations under these conditions of approval and this Code. The security instrument coverage shall include, but not be limited to, removal of the facility. (The amount of the security instrument shall be calculated by the applicant in its submittal documents in an amount rationally related to the obligations covered by the bond and shall be specified in the conditions of approval.) Before issuance of any building permit, permittee must submit said security instrument.

Noise. If a nearby property owner registers a noise complaint, the City shall forward the same to the permittee. Said compliant shall be reviewed and evaluated by the applicant. The permittee shall have 10 business days to file a written response regarding the complaint which shall include any applicable remedial measures. If the City determines the complaint is valid and the applicant has not taken any steps to minimize the noise, the City may hire a consultant to study, examine and evaluate the noise complaint and the permittee shall pay the fee for the consultant if the site is found in violation of this Section. The matter shall be reviewed by the Director. If the Director determines sound proofing or other sound attenuation measures are required to bring the project into compliance with the Code, the Director may impose conditions on the project to achieve said objective.

Undergrounding. Accessory equipment shall be placed underground unless City staff determines that there is either no room in the public right-of-way for undergrounding or undergrounding is not feasible. If either exception applies, the accessory equipment may be placed above ground provided it is sufficiently concealed with natural or manmade features. When accessory equipment will be ground-mounted, such accessory equipment shall be enclosed within a structure that does not exceed a height of 5 feet, not exceed a footprint of 15 square feet, and shall be fully screened and/or camouflaged with landscaping and/or architectural treatment. Required electrical meter cabinets shall be screened and/or camouflaged.

Antenna placement. Antenna elements shall be flush mounted, if feasible. All antenna mounts shall be designed so as not to preclude possible future collocation by the same or other operators or carriers.

Traffic safety. Facilities shall be designed consistent with all applicable safety standards and shall be installed only in a location which does not violate pedestrian or traffic safety standards.

Blending methods. All facilities shall have subdued colors and non-reflective materials that blend with the materials and colors of the surrounding area and structures.

Poles.

Wind loads. Each facility shall be properly engineered to withstand wind loads as required by this Code or any duly adopted or incorporated code. An evaluation of high wind load capacity shall include the impact of modification of an existing facility.

Obstructions. Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, incommode the public's use of the right-of-way, or safety hazards to pedestrians and motorists.

Public facilities. A facility shall not interfere with access to a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure, or any other public health or safety facility.

Screening. All ground-mounted facility, pole-mounted equipment, or walls, fences, landscaping or other screening methods shall be installed at least 18 inches from the curb and gutter flow line.

Accessory equipment—Accessory equipment—Location. In locations where homes are only along one side of a street, above-ground accessory equipment shall not be installed directly in front of a residence. Such above-ground accessory equipment shall be installed along the side of street with no homes.

Signage. No facility shall bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the City.

Lighting.

Noise.

Security. Each facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight or attractive nuisances. For any discretionary permit, the Director may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, a facility has the potential to become an attractive nuisance. Additionally, no lethal devices or elements shall be installed as a security device.

Permit expiration. The installation and construction approved by a wireless telecommunications facility permit shall begin within one year after its approval or it will expire without further action by the City.

Signs. At all times, all required notices and/or signs shall be posted on the site as required by the Federal Communications Commission, California Public Utilities Commission, any applicable licenses or laws, and as approved by the City. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.

Permit expiration. A condition setting forth the permit expiration date in accordance with subsection N shall be included in the conditions of approval.

Additional conditions. The wireless telecommunications facility shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the Director for the purpose of: (i) protecting the public health, safety, and welfare; (ii) preventing interference with pedestrian and vehicular traffic; and/or (iii) preventing damage to the public right-of-way or any adjacent property. The City may modify the permit to reflect such conditions, changes or limitations by following the same notice and public hearing procedures as are applicable to the underlying permit for similarly located facilities, except the permittee shall be given notice by personal service or by registered or certified mail at the last address provided to the City by the permittee.

Permit transfer. The permittee shall not transfer the permit to any person prior to the completion of the construction of the facility covered by the permit, unless and until the transferee of the permit has submitted the security instrument required by subsection G.1.e.

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

Liability. The permittee shall assume full liability for damage or injury caused to any property or person by the facility.

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

Drip line. No facility shall be permitted to be installed in the drip line of any tree in the right-of-way unless the facility is to be collocated on an existing facility in the drip line.

Insurance. The permittee shall obtain, pay for and maintain, in full force and effect until the facility approved by the permit is removed in its entirety from the public right-of-way, an insurance policy or policies meeting the City of Westminster's insurance requirements for contractors to perform work with public right-of-way.

Indemnification. Permittee shall defend, indemnify, protect and hold harmless the City, its elected and appointed Council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers from and against any and all claims, actions, or proceeding against the City, and its elected and appointed Council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers to attack, set aside, void or annul, an approval of the City, Planning Commission or City Council concerning this permit and the project. Such indemnification shall include damages of any type, judgments, settlements, penalties, fines, defensive costs or expenses, including, but not limited to, interest, attorneys' fees and expert witness fees, or liability of any kind related to or arising from such claim, action, or proceeding. The City shall promptly notify the permittee of any claim, action, or proceeding. Nothing contained herein shall prohibit the City from participating in a defense of any claim, action or proceeding. The City shall have the option of coordinating the defense, including, but not limited to, choosing counsel after consulting with permittee and at permittee's expense.

Hold harmless. Additionally, to the fullest extent permitted by law, the permittee, and every permittee and person in a shared permit, jointly and severally, shall defend, indemnify, protect and hold the City and its elected and appointed Council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers harmless from and against all claims, suits, demands, actions, losses, liabilities, judgments, settlements, costs (including, but not limited to, attorney's fees, interest and expert witness fees), or damages claimed by third parties against the City for any injury claim, and for property damage sustained by any person, arising out of, resulting from, or are in any way related to the wireless telecommunications facility, or to any work done by or use of the public right-of-way by the permittee, owner or operator of the wireless telecommunications facility, or their agents, excepting only liability arising out of the sole negligence or willful misconduct of the City and its elected and appointed Council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers.

Cabinet removal. Should the utility company servicing the facility with electrical service that does not require the use of an above ground meter cabinet, the permittee shall at its sole cost and expense remove the meter cabinet and any related foundation 90 days of such service being offered and reasonably restore the area to its prior condition. An extension may be granted if circumstances arise outside of the control of the permittee.

Relocation. The permittee shall modify, remove, or relocate its facility, or portion thereof, without cost or expense to City, if and when made necessary by: (i) any public improvement project, including, but not limited to, the construction, maintenance, or operation of any underground or above ground facilities, including, but not limited to, sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by City or any other public agency; (ii) any abandonment of any street, sidewalk or other public facility; (iii) any change of grade, alignment or width of any street, sidewalk or other public facility; or (iv) a determination by the Director that the wireless telecommunications facility has become incompatible with public health, safety or welfare or the public's use of the public right-of-way. Such modification, removal, or relocation of the facility shall be completed within 90 days of notification by City unless exigencies dictate a shorter period for removal or relocation. Modification or relocation of the facility shall require submittal, review and approval of a modified permit pursuant to the Code including applicable notice and hearing procedures. The permittee shall be entitled, on permittee's election, to either a pro rata refund of fees paid for the original permit or to a new permit, without additional fee, at a location as close to the original location as the standards set forth in the Code allow. In the event the facility is not modified, removed, or relocated within said period of time, City may cause the same to be done at the sole cost and expense of permittee. Further, due to exigent circumstances including those of immediate or imminent threat to the public's health and safety, the City may modify, remove, or relocate wireless telecommunications facilities without prior notice to permittee provided permittee is notified within a reasonable period thereafter.

Conditions. Permittee shall agree in writing that the permittee is aware of, and agrees to abide by, all conditions of approval imposed by the wireless telecommunications facility permit within 30 days of permit issuance. The permit shall be void and of no force or effect unless such written consent is received by the City within said 30-day period.

Right-of-way agreement. Prior to the issuance of any encroachment permit, permittee shall be required to enter into a right-of-way agreement with the City in accordance with the City's past practice.

After discovery of the need by the permittee, owner, operator or any designated maintenance agent; or

After permittee, owner, operator or any designated maintenance agent receives notification from the City.

General dirt and grease;

Chipped, faded, peeling, and cracked paint;

Rust and corrosion;

Cracks, dents, and discoloration;

Missing, discolored or damaged artificial foliage or other camouflage;

Graffiti, bills, stickers, advertisements, litter and debris;

Broken and misshapen structural parts; and

Any damage from any cause.

The permittee shall replace its facilities, after obtaining all required permits, if maintenance or repair is not sufficient to return the facility to the condition it was in at the time of installation.

Each facility shall be operated and maintained to comply at all conditions of approval. Each owner or operator of a facility shall routinely inspect each site to ensure compliance with the same and the standards set forth in this Section.

Litigation;

Revocation or modification of the permit;

Acting on any bond or other assurance required by this Article or conditions of approval of the permit;

Removal of the facilities by the City in accordance with the procedures established under this Code for abatement of a public nuisance at the owner's expense; and/or

Any other remedies permitted under this Code.

Prosecution;

Acting on any security instrument required by this Section or conditions of approval of permit;

Removal of the facilities by the City in accordance with the procedures established under this Code for abatement of a public nuisance at the owner's expense; and/or

Any other remedies permitted under this Code.

The proposed wireless facility qualifies as a "personal wireless service facility" as defined in United States Code, Title 14, Section 332(c)(7)(C)(ii);

The applicant has provided the City with a clearly defined technical service objective and a clearly defined potential site search area;

The applicant has provided the City with a meaningful comparative analysis that includes the factual reasons why reasonable alternative location(s) or design(s) suggested by the City or otherwise identified in the administrative record, including, but not limited to, potential alternatives identified at any public meeting or hearing, are not technically feasible or potentially available; and

The applicant has provided the City with a meaningful comparative analysis that includes the factual reasons why the proposed location and design deviates is the least noncompliant location and design necessary to reasonably achieve the applicant's reasonable technical service objectives.

Discouraged from being within those portions of the right-of-way which are within 300 feet of any residential zone; and

Encouraged to be located within public right-of-way of arterial streets, with the greatest preference given in the following order of preference, from highest to lowest: Principal, Major, Primary, or Secondary, as identified in the most recent version of the Orange County Transit Authority (OCTA) Master Plan of Arterial Highways (MPAH).

Ministerial Wireless Telecommunications Facility Permits shall not be issued for any facility within 30 feet of any habitable structures. Applicants for Ministerial Wireless Facility Permits are encouraged, but not required, to comply with the requirements of subsection R.1.

All telecommunications facilities shall not be in any location the City Engineer determines is inconsistent with an existing or expected use of the right-of-way.