The regulations and development standards set forth in this chapter shall be applicable to, and shall control the installation and utilization of uses located on any C-zoned lot.

(Prior code § 9170)

On the site of an active construction project, the storage of building materials necessary for the construction of the approved project will be permitted as an accessory use. Upon completion of the approved project, the property owner shall have ten calendar days in which to remove all building materials associated with the construction of the approved project and to render the surrounding off-site area clean and free of all trash and debris that was associated with the construction of the approved project.

(Ord. 2515 § 5, 1990)

Every use permitted pursuant to Chapters 18.26 through 18.32 shall comply with the following:

A.

Uses Within Buildings. All uses shall be conducted totally within a completely enclosed building, except:

1.

For those uses which are customarily conducted in the open, determined as such, pursuant to Section 18.50.030, and/or

2.

The outdoor storage of materials if the same is in an area enclosed by a view-obscuring fence or wall, not less than eight feet in height, having a closeable access gate, and/or

3.

For those uses which are expressly permitted to be conducted in the open by the provisions of Chapters 18.24 through 18.32, and/or

4.

Reverse vending machines and small recycling collection facilities. Each such facility shall be established only in conjunction with a permitted commercial principal use, and shall be constructed and maintained with durable waterproof and rustproof material;

B.

Storage. Storage of materials shall be limited to accessory storage of such materials sold or utilized in the conduct of a principal use on the lot;

C.

Sales and Display Areas.

1.

Outdoor sale and display areas shall be completely enclosed by a view-obscuring wall of not less than eight feet in height, except the following specifically described outdoor sale or display areas:

a.

Motor vehicle, trailer and boat sales,

b.

Service stations,

c.

Nursery plants and flower sales,

d.

Similar sales and display areas, determined as such, pursuant to Section 18.50.030;

2.

All permitted outdoor sales and display and storage areas shall be surfaced and maintained in the manner described in subsections E and G of Section 18.48.070;

D.

Wholesale Sales, Processing of Materials and Manufacturing. Wholesale sales and the processing of materials exclusively for sale or use shall be allowed only as an accessory use to a permitted principal use on the premises. The manufacture of products shall not be a permitted accessory use except as expressly permitted by the provisions of Chapter 18.32.

E.

Pool and Billiard Halls. Pool and billiard halls shall be established only in compliance with the following standards:

1.

All persons wishing to establish a pool or billiard hall within the city must apply for and be granted a conditional use permit for said use, pursuant to the provisions of Chapter 18.52.

2.

No pool or billiards hall may be located within one thousand feet of another pool or billiards hall nor within six hundred feet of an elementary, secondary or high school; nor within one hundred fifty feet of a lot in the residential zone.

3.

A minimum separation of six feet shall be maintained between all pool tables and between pool tables and cocktail tables, counters, walls, partitions, immovable barriers or seating areas (excluding moveable stools).

4.

Pool tables and dining areas shall be separated by a partition of not less than eight feet in height.

5.

A security plan shall be submitted to the police department for approval at the time the conditional use permit application is submitted.

6.

Each application for pool or billiard hall shall include a complete description of all aspects of the proposed operation, including but not limited to: hours of operation; number of employees on each shift; proposed interior and exterior improvements, including colors and material samples, interior and exterior architectural renderings; exterior lighting; and signs; in sufficient detail to provide a sense of the quality and character of the establishment.

7.

Lighting of the exterior of the premises and the parking area shall comply with Section 18.48.070(H) of the zoning regulations. Such lighting shall maintain an illumination level on the ground of not less than 0.5 footcandles along walkways and in the open parking areas and driveways.

8.

Any form of gambling is prohibited.

9.

Professional tournaments shall be allowed only upon the approval of the chief of police.

F.

Internet cafés shall be established only in compliance with the following standards:

1.

All persons wishing to establish an internet cafe within the city must apply for and be granted a conditional use permit for said use. A conditional use permit will be granted for the establishment of an internet cafe if it is determined by the body hearing such an application that the use or activity of the internet cafe will be conducted in accordance with the applicable requirements specified in this section.

2.

No internet café may be located within one thousand feet of another internet café nor within six hundred feet of an elementary, secondary or high school; nor within one hundred fifty feet of a lot in the residential zone.

3.

Each application for an internet café shall include a complete description of all aspects of the proposed operation, including but not limited to: hours of operation, number of employees on each shift; proposed interior and exterior improvements, including colors and material samples, interior and exterior architectural renderings; exterior lighting; and signs; in sufficient detail to provide a sense of the quality and character of the establishment.

4.

Maximum number of computer/devices with online capabilities in any internet café shall not exceed one machine for every fifty square feet of gross floor area.

5.

All computer terminals/stations within the premises shall be visible and supervised by an adult attendant twenty-one years or older. Said attendant shall be present at all times when any computer stations are being operated and shall ensure that supervision of the patrons on the premises is adequate and no conduct is detrimental to the public health, safety and general welfare.

6.

No person under the age of eighteen years shall be permitted in an internet cafe before three p.m. when any of the following school districts are in session: the Whittier City School District, the South Whittier School District, Los Nietos School District, the East Whittier City School District, and the Fullerton Union High School District, are in nominal session or after ten p.m. on Sunday through Thursday, during normal school sessions. Notice of these hours of restriction for minors shall be posted at the entrance in lettering of at least two inches in size.

7.

Internet cafes shall not operate between the hours of twelve midnight and six a.m.

8.

All windows shall be kept clear of window decorations, tint, or curtains that would prevent the interior from being viewed by security or law enforcement personnel from outside the building.

9.

Establishments with computer stations consisting of twenty-five percent or more of the floor area shall provide a waiting area with seating within the business. The number of chairs shall be determined at one seat for every five computer stations but not less than four.

10.

External speakers shall be prohibited.

11.

A security plan shall be submitted to the police department for approval at the time the conditional use permit application is submitted. The security plan shall include, but is not limited to the following:

a.

Hours of operation.

b.

Number of employees per shift.

c.

Number of security personnel, which includes certification.

d.

Internet cafes with gross floor areas of two thousand square feet or greater, shall provide a licensed uniformed security guard after six p.m. until business closing on Friday, Saturday, and Sunday evenings. Security guards will be responsible for crowd control both on the premises and adjoining parking areas.

e.

The establishment shall maintain and operate a video surveillance system with recording capability during all business hours. The system shall cover the entire plot of the establishment including entire interior of the premises, exterior of the entrances to and exits from the establishment and the parking lot. The video surveillance system shall be capable of delineating, on playback of the system, the activity and physical features of persons or areas within the premises. Video surveillance tapes shall be kept a minimum of seventy-two hours. The business owner shall permit the city to inspect the video surveillance tapes during business hours. The video surveillance system shall be maintained in good working order. A sign shall be posted inside and at the entrances to the establishment indicating that the premises are under video surveillance. There shall be no video surveillance of images appearing on the customer's computer screens.

f.

Burglary/alarm system.

12.

A minimum of one bicycle rack space shall be provided for every three computer stations. Such bicycle parking shall not be located in the public right-of-way, required parking area, or any required walkways. Skateboard locker/storage within the premises shall also be provided.

13.

Parking shall be provided at minimum, one parking space for every two hundred square feet of floor area, unless the Planning Commission determines otherwise.

14.

The business owner shall post "No Loitering" signs in front of the business.

15.

Any form of gambling is prohibited.

16.

Consumption and/or the sale of alcohol shall be prohibited on the premises.

17.

Professional tournaments shall be allowed only upon the approval of the chief of police.

18.

Occupancy shall not exceed that required under the California Building Code and California Fire Code, and the maximum occupancy load shall be posted at the main entrance.

19.

The business owner shall submit and receive approval of a fire exit plan from the city's fire department. The plan shall address all existing requirements of the California Building Code and California Fire Code. This includes, but is not limited to, providing exiting plans showing equipment location, aisle locations and dimensioned widths, and having approved exit doors and panic hardware.

20.

The use of adult-oriented internet sites shall be prohibited unless the business has an adult business permit. If the use of adult-oriented internet sites are permitted because the owner obtained an adult business permit, no minors shall be admitted.

21.

All owners and operators of an internet cafe business shall consent in writing, to the city of Whittier, that they understand and agree to operate their internet cafe business in strict compliance with the city's internet cafe ordinance at all times.

(Ord. 2841 § 1, 2005; Ord. 2808 § 1 (part), 2002; Ord. 2787 § 21, 2001; Ord. 2628 § 2, 1994; Ord. 2423 § 7, 1987; prior code § 9171)

(Ord. No. 3112, § 1, 2-25-20; Ord. No. 3121, § 5, 8-25-20)

Prior to the issuance of a building permit, a development review, in accordance with Chapter 18.56 shall be approved. In addition to the special development standards set forth in Chapters 18.24 through 18.32, compliance with the Community Design Ordinance is required, and the following development standards shall apply to each C-zoned lot, except as otherwise expressly provided in this chapter.

A.

Optional design standards, when in accordance with Section 18.24.050, may be approved in lieu of the development standards indicated herein.

B.

Yards. The following minimum yard areas shall be required on all C-zoned lots:

1.

Front Yards.

a.

All C-zoned lots fifty feet or less in width and/or one hundred forty feet or less in depth, shall have a front yard of not less than fifteen feet. All C-zoned lots with widths of greater than fifty feet and depths greater than one hundred forty feet shall have and maintain a front yard of a depth of not less than twenty feet. An additional five-foot setback is required for each story of the building above the second story except as permitted in subdivision (c) of this subsection; and

b.

Front yards may be reduced to the average of the adjacent existing front yards, but in no case less than ten feet on C-zoned lots less than one hundred feet wide, located between existing buildings with front yard areas less than twenty feet in depth. For corner lots the adjacent front yard shall be averaged with a ten-foot front yard setback; and

c.

On corner lots of eight thousand square feet or less in net area, the front yard shall be no less than fifteen feet and the street side yard no less than ten feet.

2.

Side Yards.

a.

Each C-zoned lot which has a side lot line abutting an R-zoned lot shall have and maintain a side yard not less than ten feet in width on the side adjoining such R-zoned lot; provided, that the width of such required side yard shall be increased by five feet for each thirty feet of building height or fraction thereof, over the first thirty feet of height of any building located on such lot; and

b.

All C-zoned corner lots fifty feet or less in width and/or one hundred forty feet or less in depth, shall have a street side yard of not less than fifteen feet. All C-zoned corner lots with widths of greater than fifty feet and depths greater than one hundred forty feet shall have and maintain a street side yard of not less than twenty feet except as permitted in subdivision c of this subsection; and

c.

Each C-zoned lot which has a side lot line abutting an alley shall have and maintain a side yard on the alley side of not less than five feet; and

d.

Where permitted driveway on any C-zoned lot enters the wall of a building which is located in or abuts a required side yard, that portion of the wall shall be located not less than twenty-five feet from the street right-of-way line;

e.

On corner lots of eight thousand square feet or less in net area, the front yard shall be no less than fifteen feet and the street side yard no less than ten feet.

3.

Rear Yards.

a.

Each C-zoned lot which has a rear lot line abutting an R-zoned lot, shall have and maintain a rear yard area not less than twenty-five feet in depth; and

b.

Each C-zoned lot, which has a rear lot line abutting a public alley, shall have and maintain a rear yard not less than five feet in depth.

4.

Covered Unenclosed Colonnades. Covered unenclosed colonnades, not over one story in height, may encroach into the required yard areas a distance of not more than five feet and an area of not more than twenty-five percent of the required yard.

5.

Outdoor Dining Areas. Outdoor dining patios for restaurants may encroach into required yard areas, provided a minimum five-foot landscaped setback is maintained. Such outdoor dining area shall be enclosed by a fence or wall consistent with subsection F of this section. Such outdoor dining areas may be covered with a trellis or similar architectural element, provided the posts supporting such structure maintain a minimum setback of ten feet from the property line. The eave overhang of the cover must maintain a minimum setback of five feet from the property line.

6.

Auto Display Areas. The outdoor display of vehicles for sale at automobile dealerships may encroach into the required yard area, provided an average setback of ten feet is maintained and a landscaped area not less than five feet in depth is maintained along the street right-of-way line.

7.

Exceptions. The yards required in paragraphs 2 and 3 of this subsection, may be decreased to the minimum allowed under the California Building Code when approved pursuant to Section 18.56.045(B) of this title, provided:

a.

Such yards may only be approved when necessary to allow the construction of a sound attenuating structure or enclosure to protect adjacent property from stationary noise sources legally established, prior to the effective date of this paragraph, on the property from which such noise emanates.

b.

Such structure or enclosure may only be approved when all reasonable efforts to reduce such noise at the source have been made, as determined by a qualified acoustical engineer after appropriate technical studies.

c.

The maximum height of such a structure or enclosure shall not exceed the minimum necessary to achieve compliance with the city's noise ordinance, Chapter 8.32 of the Whittier Municipal Code as determined by a qualified acoustical engineer.

d.

Such structure or enclosure shall be constructed of sound absorbing materials and designed to include architectural treatment appropriate to and compatible with the adjacent properties.

C.

Buildings.

1.

Height. No building or structure shall be located on any such lot in excess of forty feet in height; provided, that where such a lot has one or more common lot lines with a lot classified in any R zone, no building or structure on such lot located within fifty feet of such common lot line shall exceed the maximum height permitted for buildings or structures in such R zone. Height limits may be permitted up to a maximum of one hundred feet through the use of conditional use permits, specific plans, redevelopment project areas with approved owner participation agreements and/or disposition and development agreement, and/or planned developments when such developments are designed as part of a comprehensive plan in harmony and continuity with the total project, the surrounding community and the environment.

2.

Building Bulk. Buildings, including accessory buildings, structures and uses, may cover all of the area of any such lot, except for required yard area.

D.

Off-Street Parking. Each such lot shall have and maintain off-street parking facilities as required by Chapter 18.48.

E.

Loading. Each such lot shall have and maintain such loading facilities as may be required by Section 18.48.060.

F.

Walls and Fences. Except as provided in Section 18.64.050, a wall or fence may be constructed and maintained on any part of a lot, provided:

1.

Each lot in any of the C zones which has a common side or rear lot line with any R-zoned property shall have and maintain a wall not less than six feet, nor more than eight feet in height, along all such side and rear lot lines. Any such required wall, which is adjacent to the side of a front yard area on the adjoining R-zoned property, shall conform to the height regulations applicable to front yard areas in such R-zoned property.

2.

Within required front yards and street side yards on corner lots the maximum height of a wall or fence shall not exceed forty-two inches, except when approved as a part of a development project.

3.

Within required front yards and street side yards on corner lots, fences constructed of chainlink or wire mesh type materials are prohibited, except those necessary for the protection of a site during demolition or construction of structures under valid permits or when approved as part of a development project.

4.

The wall required in paragraph 1 of this subsection may be increased in height to a maximum of sixteen feet when approved pursuant to Section 18.56.045(C) of this title, provided:

a.

Such walls may only be approved when necessary to protect adjacent property from stationary noise sources legally established, prior to the effective date of this paragraph, on the property from which such noise emanates, or to protect adjacent property from unavoidable nuisance noise resulting from permitted uses of the commercial property.

b.

Such walls may only be approved when all reasonable efforts to reduce such noise at the source have been made, as determined by a qualified acoustical engineer after appropriate technical studies.

c.

The maximum height of such a wall shall not exceed the minimum necessary to achieve compliance with the city's noise ordinance, Chapter 8.32 of the Whittier Municipal Code as determined by a qualified acoustical engineer.

d.

Such walls shall be constructed of sound absorbing materials and designed to include architectural treatment appropriate to and compatible with the adjacent properties.

G.

Refuse Storage Areas. Each C-zoned lot shall be provided with facilities for the storage of refuse containers, as follows:

1.

Location. A refuse storage area shall be placed on the same lot as the use it serves. Such area may be located on any portion of a lot where a building or accessory building may be placed; provided that, on properties served by an alley the refuse storage area shall be located within a distance not to exceed five feet of the right-of-way line of the alley. The director of public works or his/her designated representative, may waive the requirement for an on-site refuse storage area when a property is located in an automated refuse collection area and is served by off-site containers.

2.

Size. Refuse storage areas shall have a minimum area of thirty square feet, with minimum interior dimensions of five feet by six feet. Depending on the proposed use and anticipated generation of refuse, the public works director or his/her designated representative, may require greater or lesser dimensions to increase the efficiency of solid waste disposal operations.

3.

Design. Refuse storage areas shall be completely enclosed by a view-obscuring wall, not less than six feet in height. The enclosure shall include a closeable, view-obscuring gate, with a minimum five-foot wide unobstructed access point. On properties served by an alley, the gate shall be located adjacent to the alley to accommodate refuse collection. The walled enclosure shall be designed so that the contents thereof are not visible from any public street or adjacent property. Such walled enclosure shall be finished to match the color and facade material of the building it serves and shall incorporate landscape screening when possible.

4.

Compactors. A roll-off trash compactor unit and enclosure may be required, as determined necessary by the director of public works or his/her designated representative, for any use anticipated to generate a large amount of refuse.

5.

Maintenance. The property owner shall ensure that all refuse storage areas are regularly cleaned and maintained in a safe and sanitary condition.

6.

Director. The public works director, or his/her designated representative, shall approve the specific locations of refuse storage areas to ensure convenient vehicular access for pickup and disposal. When located in an automated refuse collection area, the director of public works or his/her designated representative, may allow or require the removal or relocation of existing refuse storage areas that do not meet the minimum location, size and/or design requirements necessary for automated service.

H.

Compressors, Motors, Etc. Each use on such a lot which utilizes compressors, air conditioning units or other machinery including, but not limited to, vents, ducts and conduits, but excluding window-mounted or wall-mounted air conditioners (hereafter in this code, "equipment"), which equipment is located outside of the exterior walls of any building, shall comply with the following:

1.

All such equipment shall be enclosed within a permanent, noncombustible enclosure which shall be subject to the approval of the director of building and safety, to insure that the same will not be observable, or emit noise to a degree which interferes with the peaceful use and enjoyment of adjacent lots.

2.

All such equipment shall be maintained so as to prevent a collection of litter and filth and to avoid the emission of unnecessary noise, dust or fumes.

I.

Lighting. All outdoor lighting shall be located and shielded so as to prevent the spill of light onto adjacent lots.

J.

Landscaping.

1.

Yard Areas. All required front yard and street side yard setbacks shall be landscaped and appropriately irrigated to city commercial landscape guidelines and standards. All plant material shall be maintained in a healthy and thriving condition, clear of weeds and debris. Plans shall meet all city requirements for submittal, including but not limited to the city landscape guidelines. The city shall maintain the option to require plans to be prepared by a landscape professional, including but not limited to a landscape contractor, landscape architect or landscape designer.

2.

Total lot area: Not less than ten percent of the gross lot area of each C-zoned lot shall be landscaped and maintained as such.

K.

Noise. Reverse vending machines and small recycling collection facilities shall not exceed the noise levels imposed by Section 8.32.060 of this code.

L.

Reverse Vending Machines and Small/Large Collection Facilities. Reverse vending machines and small recycling collection facilities, as permitted pursuant to Section 18.30.020 and large recycling collection facilities, as conditionally permitted pursuant to Section 18.52.030, shall be constructed and maintained in compliance with Chapter 18.24 in addition to the following:

1.

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

2.

All facilities shall be maintained in a clean, litter-free condition on a daily basis.

3.

Attended facilities shall operate only during the hours between nine a.m. and seven p.m.

4.

Reverse vending machines and small/large recycling collection facilities shall be placed in such a way as to not create pedestrian or vehicular hazards.

5.

Any small and/or large recycling collection facility shall be located at least one hundred fifty feet from any residential use.

6.

Any small and/or large recycling collection facility shall be located within an architecturally compatible enclosed structure. Architectural features and landscaping shall also be required if deemed necessary by the review authority to ensure compatibility with the surrounding area where the recycling facility is located.

7.

Any small and/or large recycling facility which is a non-conforming use on the date the ordinance codified in this section becomes effective shall be subject to an amortization period of five years commencing on the date the use becomes nonconforming. Any small and/or large facility which does not meet the standard of this section but which was legally established prior to the adoption of these standards may be maintained provided such facility is not expanded nor its nonconformance with these standards otherwise increased. Any small and/or large recycling facility which is destroyed or damaged to the extent of more than fifty percent of its total replacement value shall not be repaired, rebuilt, or reconstructed except in conformance with these standards.

(Ord. 2787 §§ 9 and 21, 2001; Ord. 2765 § 2 (part), 2000; Ord. 2755 § 2 (part), 1999; Ord. 2738 § 2, 1998; Ord. 2658 § 2, 1995; Ord. 2632 § 1 (E), 1994; Ord. 2515 § 1, 1990; Ord. 2423 § 8, 1987; Ord. 2417 § 2, 1987; prior code § 9172)

(Ord. No. 3103, § 3, 6-11-19; Ord. No. 3121, § 5, 8-25-20)

Alternative development standards are intended to provide better quality of design than could be achieved through the use of the basic development standards and design guidelines indicated in Sections 18.24.040, 18.34.050, 18.48.070(C), 18.48.070(D), 18.48.070(M), 18.76.030(A), and Division VI. Alternative development standards allow the use of more creative design, while maintaining the quality of development and the character of the adjacent and surrounding neighborhood. This section is not to be construed as a substitute for the variance procedure detailed in Chapter 18.52. The following alternative development standards may be employed:

A.

A development review application may be approved, utilizing alternative development standards, notwithstanding any provision of this title to the contrary, and to the exclusion of the zoning regulations applicable to the lot by reason of its underlying zone classification, provided:

1.

That the approval is consistent with the public peace, health, safety and general welfare; and

2.

That the development proposed is consistent with the city's general plan and any applicable specific plan relating to the areas included within such plan; and

3.

That the development will be in substantial compliance with the purpose and intent of the zoning regulations; and

4.

The approving body or zoning administrator shall make a specific finding as a condition of approval that the alternative development standards being approved shall increase the quality of the project by achieving greater than minimum standard requirements provided by the code.

B.

Alternative development standards relative to yard requirements shall be limited to the following:

1.

Front Yards. The front yard setback may be equal to an average of fifteen feet with a minimum of ten feet. For corner lots whose side yard is located on a major or minor arterial within the city, the minimum front yard setback shall not be reduced below that which is required by Section 18.24.040(B)(1)(a).

2.

Side Yards. The side yard setback may be reduced five feet. For corner lots whose side yard is located on a major or minor arterial within the city, the minimum side yard setback shall not be reduced below that which is required by Section 18.24.040(B)(2)(b).

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Editor's note— Ord. No. 3159, § 3(Exh. A), adopted Nov. 12, 2024, amended § 18.24.050 in its entirety to read as herein set out. Former § 18.24.050 pertained to optional development standards and derived from Ord. 2515 § 10, adopted in 1990; and Ord 2786 Exh. A (part), adopted in 2001.