[Added by Ord. #1557, § 9101]
This Chapter is hereby adopted and established in order to encourage
the most appropriate use of land; conserve and stabilize the value
of property; provide adequate open spaces for light and air and permit
the adequate control of fires; prevent undue concentration of population;
lessen congestion on streets; and facilitate adequate provision for
community facilities and utilities, including transportation, water
supply, sewage disposal, schools, parks and other public requirements
which tend to promote the health, safety and public welfare, all in
accordance with a comprehensive plan for the orderly development and
redevelopment of the City.
[Added by Ord. #1557, § 9102]
This Chapter shall be known as the "Zoning Law of the City of
Compton."
[Added by Ord. #1557, § 9103; Ord. #1635, § 1;
Ord. #1698, § 1; Ord. #1713, § 1; Ord. #1717,
§ 1; Ord. #1733, § 1; Ord. #1746, § 1;
Ord. #1784; Ord. #1918, § 1; Ord. #1921, § 1;
Ord. #2080, § 1; Ord. #2101, § 1; Ord. #2155,
§ 1; Ord. #2179, § 1; Ord. #2282 § 2]
As used in this Chapter:
Shall mean a building, part of a building or structure, or
use which is subordinate to, and the use of which is incidental to,
that of the main building, structure or use on the same lot or parcel
of land. An accessory building shall have no kitchen facilities and
shall not be rented or otherwise be used as a separate dwelling. Where
the wall of an accessory building becomes a part of, or is joined
to, the wall of the main building, such accessory building shall be
counted as part of the main building.
Shall mean a sign or advertising structure which is a three-dimensional
representation of an animate or inanimate object or any sign which
incorporates any three-dimensional geometric shape in its design.
Shall mean any place which is used, or intended to be used,
for the landing or taking off of aircraft and any appurtenant areas
which are used or intended to be used for airport buildings or other
airport facilities or rights-of-way, together with all airport buildings
and facilities located thereon.
Shall mean a public or private way permanently reserved as
a secondary means of access to abutting property.
Shall mean a place where mechanically or electronically operated
amusement machines are kept or exhibited for sale or lease exclusively
and where members of the public are not permitted or allowed to operate
or play such amusement machines except as incident to a demonstration
for the purpose of sale or lease of such amusement machines.
Shall mean a place where two or less mechanically or electronically
operated amusement machines are available for use for compensation,
the use of which is incidental to that of the location as a whole.
Shall mean a place where 20 or more mechanically or electronically
operated amusement machines are available for use for compensation,
the use of which is the primary use of the location as a whole.
Shall mean a place used for the dismantling or wrecking of
motor vehicles and trailers required to be registered under the Vehicle
Code of the State, including the buying, selling, or dealing in such
vehicles or integral parts of component materials thereof, and the
storage, sale, or dumping of dismantled, partially dismantled, or
wrecked inoperative vehicles and trailers. "Automobile dismantling
yard" shall not include the incidental storage of inoperative or disabled
vehicles in connection with the legal operation of an automobile repair
garage or automobile body and fender repair shop.
Shall mean a place used for the storage of any motor vehicle
which has been impounded under court order or any State law.
Shall mean a building, other than a private garage, used
for the maintenance and repair of automobiles.
Shall mean a dwelling unit which has only one room in addition
to the kitchen and bathroom.
Shall mean a place, except bona fide restaurants, used in
whole or in part for the retailing of alcoholic beverages for consumption
on the premises.
Shall mean an advertising structure which advertises goods,
products, services or facilities not sold, produced, manufactured
or furnished on the premises on which the sign is located (also known
as outdoor advertising, off-premises sign or off-site sign).
Shall mean all the properties abutting on one side of a street
and lying between the nearest two intersecting or intercepting streets
or nearest intersecting or intercepting street and railroad rights-of-way,
unsubdivided land, or watercourses.
Shall mean a place where lodging and meals are provided for
compensation for more than four individuals, excluding members of
the family occupying the property.
Shall mean a permanently located structure enclosed on all
sides by walls and having a roof (tents, trailers, and all forms of
vehicles shall be excluded).
Shall mean the vertical distance measured from the grade
of the site to the highest point of the structure.
Shall mean and refer to this Chapter and any subsequent amendment
to this Chapter.
Shall mean a place providing day care for minors.
Shall mean a place where twenty-four-hour care and supervision
for minors is provided. "Children's home" shall include orphans' homes,
foster homes, homes for abused children, and homes for children under
the age of eight years suffering from mental diseases and disorders.
Shall mean the City of Compton.
Shall mean an association of persons organized solely or
primarily for the purpose of providing a community service. "Civic
Club" shall not include those clubs which are organized to provide
a service customarily carried on as a commercial business or organized
primarily for social, political, religious, or special purposes other
than community service.
Shall mean a place for group medical, dental, or therapeutic
services to the public.
See "civic club" and "private club" as defined in this section.
See "bar" as defined in this section.
Shall mean and refer to all of the regulatory and penal laws
of the City.
Shall include the cultivation, possession, manufacture, distribution,
processing, storing, laboratory testing, labeling, transportation,
delivery or sale of marijuana and marijuana products, whether or not
for profit. "Commercial marijuana activity" also includes the activities
of any business licensed by the State or other government entity under
Chapter 3.5 of Division 8 or Division 10 of the California Business
and Professions Code, as they may be amended from time to time.
Shall mean any use of any real property in the City which
consists of, in whole or in part, any commercial marijuana activity.
Shall mean a shopping complex typically containing a row
of various stores, businesses, and restaurants having no internal
walkways connecting the lease spaces; open to a common parking lot
and located along a major street.
Shall mean the Planning Commission of the City.
Shall mean an estate in real property consisting of an undivided
interest in common in a parcel of real property, together with separate
interest in space in a residential, commercial, or industrial building.
Shall mean a place used for the conduct of a business involved
primarily with the rendering of contractor's services and the use
or storage of trucks, trailers, semitrailers, cranes, hoists, storage
tanks, large timbers or beams, or similar equipment or the storage
of construction or maintenance materials or supplies, but excluding
any such equipment or materials when such use is incidental to the
primary use lawfully conducted on such premises and stored thereon
in accordance with all the applicable provisions of this Chapter.
See "rest home" as defined in this section.
Shall mean a place of business, containing less than 10,000
square feet of retail sales floor area, used for the retailing of
a variety of consumer goods.
Shall mean a lot situated at the intersection of two or more
streets having an angle of intersection of not more than 135°.
Shall mean the City Council of the City.
Shall mean the County of Los Angeles.
Shall mean any activity involving the planting, growing,
harvesting, drying, curing, grading, or trimming of marijuana.
See "child day care center" as defined in this section.
Shall mean a place devoted to the disposal of refuse, including
the incineration, reduction, or dumping of ashes, garbage, combustible
or noncombustible refuse, offal, or dead animals. "Dump" shall not
include the dumping of solid fill materials.
Shall mean a building, or portion thereof, designed for,
or occupied exclusively for, residential purposes, including one-family,
two-family, and multiple-family dwellings. "Dwelling" shall not include
hotels and boarding and lodging houses.
Shall mean two or more rooms in a dwelling or apartment hotel
designed for, or occupied by, one family for living or sleeping purposes
and having only one kitchen.
Shall mean an assembly of equipment which could include fuel
cells and microwave, cable, radio, and/or other communication facilities
as part of a system for the distribution of electric power where electric
energy is normally received at a subtransmission voltage and transformed
to a lower voltage and/or produced at this lower voltage in case a
fuel cell is installed for distribution to the customer.
Shall mean an assembly of equipment which could include fuel
cells and/or energy support facilities and microwave, cable, radio,
and/or other communication facilities as part of a system for the
transmission of electric power where electric energy is received at
very high voltage from its energy sources by means of a network of
high voltage lines and transformed to lower transmission voltage and/or
produced at this lower voltage, in case fuel cells and/or energy support
facilities are installed, for the purposes of supplying electric power
to large consumers, interchange connections with other power-producing
and nonproducing and non-power-producing agencies, or electric distribution
substations for the transformation to lower voltage for utilization
by smaller individual users.
Shall mean an individual, or two or more persons related
by blood or marriage, or a group of not more than six persons, excluding
servants, who are not related by blood or marriage, living together
as a single housekeeping unit in a dwelling unit.
Shall mean a place used for the sale, dispensing, or serving
of food, refreshments, or beverages wherein full-course meals are
not served at all times as provided in the definition of "restaurant."
"Fast food restaurant" shall include takeout restaurants, hamburger
stands, cafes, sandwich shops, and other similar uses. "Fast food
restaurant" shall not include the sale of alcoholic beverages.
Shall mean a place designed for the transfer of freight,
merchandise or other goods from one vehicle to another. This definition
shall not include businesses the bona fide purpose of which is the
warehousing of merchandise within a building.
Shall mean a line separating the lot from the street, in
the case of an interior lot, and, in the case of a corner lot, a line
separating the narrowest street frontage of the lot from the street,
except in those cases where the latest tract deed restrictions applicable
thereto specify another line as the front lot line.
Shall mean a yard extending across the full width of the lot or parcel of land, the depth of which is the minimum horizontal distance between the front lot line or a building line as established by Chapter 28, whichever is more restrictive, and a line parallel thereto on the lot or parcel of land.
Shall mean a building, greenhouse or other structure which
has a complete roof enclosure supported by connecting walls extending
from the ground to the roof, which is secure against unauthorized
entry, provides complete visual screening, and which is accessible
only through one or more lockable doors and inaccessible to minors.
See "automobile repair garage" and "private garage" as defined
in this section.
Shall mean the average of the finished ground level at the
center of all walls of a building. In case walls are parallel to and
within five feet of sidewalks, the aboveground level shall be measured
by the sidewalk.
See "secondary dwelling unit" as defined in this section.
Shall mean an accessory building located on the same premises
as the main building for use of temporary guests of occupants of the
premises, having no more than 360 square feet, two rooms and a bathroom,
no "wet bar," kitchen or laundry room and not rented or otherwise
used as a separate dwelling.
Shall mean a place where sheltered care is provided to ease
the transition from institutional care or confinement to private residence,
or a place which is established to provide an alternative to institutional
care or confinement when such alternative is deemed to be more beneficial
to the resident of such place, or for persons who have been temporarily
displaced and cannot otherwise obtain shelter. "Halfway house" shall
include places which provide sheltered care for former alcohol and
drug abusers who are undergoing rehabilitation, indigents, and persons
released from jails, prisons, detention homes, or similar places where
individuals are housed and detained under legal restraint.
Shall mean an occupation, vocation, trade or profession, permitted under subsection 30-12.2 of this Chapter, carried out or conducted on the premises by the occupant of the dwelling as a secondary use in connection with which there shall be no structural alteration of existing buildings, no construction of new buildings, and no encroachment into a required garage. A home occupation shall employ no person other than a member of the family occupying the dwelling. There shall be no advertising sign, parking of commercial vehicles, display, warehousing, outside storage or commodity sold upon the premises. A home occupation shall not include the repair or storage of motor vehicles. A home occupation shall not include activities which are objectionable due to noise, dust, smoke, odor, or other causes.
Shall mean a place where patients are kept and treated, including,
but not limited to, those suffering from contagious or communicable
diseases or from bodily ills requiring surgery. "Hospital" shall include
convalescent hospitals but shall not include mental institutions.
Shall mean a building designed for, or occupied as, a temporary
abode for individuals who are lodged with or without meals, in which
there are six or more guest rooms, and in which no provision is made
for cooking in any room or suite. "Hotel" shall not include jails,
hospitals, asylums, sanitariums, orphanages, prisons, detention homes,
or similar buildings where individuals are housed and detained under
legal restraint.
Shall mean within a fully enclosed and secure structure.
Shall mean a lot other than a corner lot.
Shall mean and include old, secondhand, or scrap ferrous
and nonferrous metals, paper and paper products, including roofing
and tar paper, cloth and clothing, wood and wood products, manufactured
rubber products, rope, manufactured plastic products, paint, manufactured
clay and porcelain products, trash and similar materials, dismantled
machinery, equipment, and parts.
Shall mean a place which is maintained, operated, or used
for storing, keeping, buying, selling, dismantling, or processing
of junk and salvage. "Junk and salvage yard" shall not include the
recycling of paper.
Shall mean a place where four or more dogs and cats, aged
four months or more, are kept, whether by owners of the dogs or cats
or by persons providing facilities and care, with or without compensation.
Shall mean a room used, or intended or designed to be used,
for cooking or the preparation of food.
Shall mean a place used in whole or in part for the retailing
of alcoholic beverages, other than beer and wine, for consumption
off the premises. "Liquor store" shall not include any building containing
more than 10,000 square feet of retail sales floor area when less
than 10% of such floor area is utilized for the display and sale of
alcoholic beverages, nor shall it include the sale of beer or wine
for consumption off the premises when such sale is accessory to a
principal permitted use.
Shall mean a dwelling unit located in a nonresidential zone
that is designated to operate in conjunction with a physical space
designed for occupancy by a low intensity commercial or light industrial
use exercised by the residential occupant.
See "boarding house" as defined in this section.
Shall mean a parcel of real property shown as a delineated
parcel of land, with a separate and distinct number or other designation,
on a plat recorded in the office of the County Recorder.
Shall mean the total horizontal area within the lot lines
of a lot.
Shall mean the horizontal distance between the front and
rear lot lines, measured in the mean direction of the side lot lines.
Shall mean the horizontal distance between the side lot lines,
measured in the mean direction of the front and rear lot lines, at
a distance midway between the front and rear lot lines.
Shall mean any building or structure on a lot or parcel of
land which building or structure is not accessory.
Shall mean a place of business, containing more than 10,000
square feet of retail sales floor area, used for the retailing of
a variety of consumer goods.
Shall mean assembling, fabricating, compounding, processing,
treating, and remanufacturing.
Shall also include "cannabis" as defined in Business and
Professions Code section 19300.5(f), as the same may be amended from
time to time.
Shall mean all parts of the plant Cannabis sativa L., whether
growing or not; the seeds thereof; the resin extracted from any part
of the plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds or resin. It does not include:
|
1.
|
Industrial hemp, as defined in Section 11018.5 of the Health
and Safety Code; or
|
|
2.
|
The weight of any other ingredient combined with marijuana to
prepare topical or oral administrations, food, drink, or other product.
|
Shall mean marijuana that has undergone a process whereby
the plant material has been transformed into a concentrate, including,
but not, limited to concentrated cannabis, or an edible or topical
product containing marijuana or concentrated cannabis and other ingredients.
Shall mean a place which permits the rending or nursing,
dietary, and other personal and sheltered care services to persons
eight years of age and older who have been issued by a medical authority
a written release from either a governmental or private mental institution
certifying that such persons have been adjudged by such doctor or
authority to be no longer in need of the care and treatment provided
in such institution.
Shall mean a place where persons eight years of age or older
suffering from mental disease and disorders are kept and where medical
treatment is rendered for the care and cure of such persons.
Shall mean a place containing guest rooms or dwelling units,
some or all of which have a separate entrance leading directly from
the outside of the building, with a garage attached or automobile
storage space conveniently located on the lot or parcel of land, and
which is designed, used, or intended to be used wholly or in part
for the accommodation of automobile transients. "Motel" shall include
auto courts, motor lodges, and tourist courts.
Shall mean a building, or portion thereof, designed for,
or occupied by, two or more families living independently of each
other.
Shall mean that area of a lot or parcel of land exclusive
of.
Existing or proposed public or private facilities, such as streets,
alleys, highways, or other public sites, when included within a planned
development project; and
Other public or private easements where the owner of the underlying
fee does not have the right to use the entire surface of the land.
Shall mean a building, or portion thereof, lawfully existing
on May 4, 1978, which was designed, erected, or structurally altered
for a use which does not conform to the uses permitted in the zone
in which it is located or which does not comply with all the height,
yard, and area regulations of such zone.
Shall mean a use of a building, lot, or parcel of land which,
although lawful prior to May 4, 1978, does not conform with the regulations
of the zone in which it is situated.
See "child day-care center" as defined in this section.
Shall mean arranged, designed, built, altered, converted,
rented, leased, or intended to be occupied.
Shall mean a detached building designed for, or occupied
exclusively by, one family.
Shall mean an ordinance of the City unless otherwise designated.
Shall mean any location that is not within a fully enclosed
and secure structure.
Shall mean a contiguous quantity of land in the possession
of, owned by, or recorded as the property of the same claimant or
person.
Shall mean an individual, firm, copartnership, joint venture,
association, social club, fraternal organization, company, corporation,
trust, estate, receiver, syndicate, political entity, or any other
group or combination acting as a unit.
Shall mean a place which provides for the rental of interior,
separated areas within a building to private individuals for the storage
of nonhazardous personal goods.
Shall mean a building or locality used for a special purpose.
Shall mean a real estate development which has been developed pursuant to Section 30-18 of this Chapter.
Shall mean an accessory residential structure open on three
sides, and attached to a dwelling, and established for the convenient
loading and unloading of passengers from an automobile.
Shall mean an association of persons organized for some common
purpose. "Private club" shall not include civic clubs and clubs which
are organized solely or primarily for the purpose of rendering a service
customarily carried on as a business.
Shall mean an accessory building, or any accessory portion
of a main building, enclosed on three sides by permanent walls, designed
and used primarily for the shelter or storage of vehicles owned or
operated by the occupants of the main building.
Shall mean a house, an apartment unit, a mobile home, or
other similar dwelling, and secured accessory structure whether legal
and conforming with the underlying zoning, or legal and non-conforming
with the underlying zoning, that is currently in use as a residence.
Shall mean a place used by any public utility for an office,
warehouse, storage yard, or vehicle and equipment maintenance, including
microwave, radio, cable and/or other communication facilities.
Shall mean a facility used by a public agency for the storage
and maintenance of a variety of vehicles and equipment and for the
temporary storage of debris resulting from tree trimming, street maintenance,
excavations and other public works activities.
Shall mean a lot line which is opposite to, and most distant
from, the front line and, in the case of an irregular or triangular-shaped
lot, a line within the lot, parallel to and at the maximum distance
from the front line, having a length of 10 feet.
Shall mean a yard extending across the full width of the lot or parcel of land, the depth of which is the minimum horizontal distance between the rear lot line or a building line as established by Chapter 28, whichever is more restrictive, and a line parallel thereto on the lot or parcel of land.
Unless otherwise stated, shall mean on file or recorded with
the office of the County Recorder.
Shall mean reusable material, including, but not limited
to, metals, glass, plastic and paper, which is intended for reuse,
remanufacture or reconstitution for the purpose of using the altered
form. Recyclable material does not include refuse or hazardous material.
Recyclable material may include used motor oil collected and transported
in accordance with Section 25250.11 and 25143.2(b)(4) of the California
Health and Safety Code and the Used Oil Recycling Enhancement Act.
Shall mean a center for the collection and/or processing
of recyclable material. A certified facility is a recycling facility
certified by the State Department of Conservation as meeting the requirements
of the California Beverage Container Recycling and Litter Reduction
Act of 1986. A recycling facility does not include storage containers
or processing activity located on the premises of a residential commercial
or manufacturing site and used solely for the recycling of material
generated by that residential property, business or manufacturer.
Recycling facilities may include the following:
COLLECTION FACILITYShall mean a center for the acceptance, by donation, redemption or purchase, of recyclable material from the public. Collection facilities may include the following:
Small collection facility occupies an area of not more than
500 square feet, and may include:
Small used oil collection facility consists of one self-contained,
leak-proof unit of less than 400 gallons for the storage of used oil,
as defined by the Used Oil Recycling Enhancement Act.
Large collection facility occupies an area of more than 500
square feet and may include permanent structures.
PROCESSING FACILITYShall mean a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or preparation of material to meet an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing.
REVERSE VENDING MACHINESShall mean an automated mechanical device which accepts at least one or more types of empty beverage containers, including, but not limited to, aluminum cans and glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the State. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be permitted. A bulk reverse vending machine is larger than 50 square feet, designed to accept more than one container at a time, and pays by weight instead of by container.
MOBILE RECYCLING UNITConsists of an automobile, truck, trailer or van, licensed by the State Department of Motor Vehicles, which is used for the collection of recyclable material. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans or trailers and used for the collection of recyclable materials.
Shall mean a building which is primarily used for rental
to businesses and private individuals for dances, banquets, charitable
functions and other social events. This definition shall include banquet
halls and wedding chapels.
Shall mean a building designed as living quarters for persons
doing their own cooking in such building.
Shall mean a place which permits nursing, dietary, and other
personal services rendered to convalescents, invalids, and aged persons,
but excluding cases of contagious, communicable, or mental diseases
and excluding surgery or primary treatments, such as are customarily
provided in hospitals and mental institutions. "Rest home" shall include
guest homes and homes for the aged.
Shall mean a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation, such meals to be prepared and served on the premises and eaten inside the building, and which has suitable kitchen facilities. "Meals" shall mean the usual assortment of foods commonly ordered at various hours of the day, and the service of such food as sandwiches or salads shall not be deemed a compliance with this requirement. "Restaurant" shall include the incidental serving of alcoholic beverages provided a conditional use permit has been obtained pursuant to the provisions of Section 30-26 of this Chapter.
Shall mean the male of the chicken also known as a cock.
Shall mean attached or semi-detached buildings each containing
a single dwelling unit and located, or capable of being located, on
a separate lot.
Shall mean an institution which offers instruction in the
several branches of learning and study required to be taught in the
public schools by the Education Code of the State.
Shall mean a dwelling unit constructed as an accessory to a single-family dwelling in accordance with Section 30-11 of this Chapter.
Shall mean a section of this Chapter, unless some other law
or statute is mentioned.
Shall mean an area which provides for the servicing of motor
vehicles, including tube and tire repairs, battery charging, the storage
of merchandise and supplies, sales of gasoline and lubricants, automobile
washing (not including mechanical car wash), and grease racks. "Service
station" shall not include automobile repairs, body and fender works,
engine overhauling or other similar activities of a major nature.
Shall mean a lot boundary line which is not a front lot line
or rear lot line.
Shall mean a yard extending between the front yard and the rear yard, the width of which is the minimum horizontal distance between the side lot line or a building line as established by Chapter 28, whichever is more restrictive, and a line parallel thereto on the lot or parcel of land.
Shall mean a place in which or on which animals and fowl
are killed, dressed or prepared for commercial purposes.
Shall mean a fence, wall, hedge or any vegetative material
which obstructs a clear view of pedestrian or vehicular traffic or
effectively blocks from the public view an activity or the storage
of merchandise, materials or equipment.
Shall mean the State of California.
Shall mean the storage or parking of anything whatsoever
for a period of 48 or more hours.
Shall mean a public or private thoroughfare which affords
the principal means of access to abutting property.
Shall mean a change in the supporting members of a building,
such as the bearing walls, columns, beams, girders and floor joists,
roof joists, girders, rafters, or changes in the roof exterior lines.
Shall mean anything constructed or erected which requires
location on the ground or which is attached to something having a
location on the ground. "Structure" shall not include fences or walls
used as fences less than six feet in height.
Shall mean a portion of a section of this Chapter.
Shall mean a place where merchandise is sold to the public
by four or more separate vendors. This definition shall include "flea
markets," "indoor swap meets" and other types of businesses for which
multiple-vendor marketing is the primary use.
Shall mean include a market analysis, demonstration of key
tenant commitments, an executed agreement with a sales or leasing
agent, a use plan for leasing, selling, or otherwise using remaining
space in the project other than by the key tenant(s), a financial
feasibility study, and provisions for long-term maintenance and marketing.
Shall mean a lot having frontage on two parallel or approximately
parallel streets.
Shall mean attached or semi-detached buildings, each containing
a single dwelling unit and located or capable of being located on
a separate lot and owned in conjunction with an undivided interest
in common in the surrounding parcel of real property.
Shall mean a place intended, maintained or designed for the
purpose of supplying a location of accommodation for one or more automobile
trailers for human habitation, including trailer camps or trailer
parks, and including all buildings used, or intended for use, as a
part of the equipment of such trailer park, whether or not a charge
is made for the use of the trailer park and its facilities.
Shall mean a vehicle, with or without motive power, designed
or used for human habitation and constructed to travel on the public
thoroughfares in accordance with the provisions of the Vehicle Code
of the State.
Shall mean a residential, commercial or industrial project
located less than 1/4 mile from a rail, bus or other transit center
and designed to encourage transit and pedestrian usage.
Shall mean a place used for the storage, maintenance, servicing
or housing of trucks and tractor trailers when such storage, maintenance,
servicing or housing is the primary use of the property. "Transportation
yard" shall not include the incidental maintenance of trucks associated
with a principal or conditionally permitted use.
See "transportation yard" as defined in this section.
Shall mean the purpose for which land or a building is arranged,
designed, intended, occupied, or maintained.
Shall mean a place selling goods, wares, merchandise, or
services for resale.
Shall mean an open space on a lot or parcel of land, other
than a court, which is unoccupied and unobstructed from the ground
upward, except as otherwise provided in this Chapter.
[Added by Ord. #1557, § 9110; Amended by Ord. #2179,
§ 1]
In order to provide for the orderly growth and development of
the City and for the purpose of carrying out the provisions of this
Chapter, the City is hereby divided into the following zones:
|
Zone Symbol
|
Zone Designation
|
|---|---|
|
R-A
|
Residential Agriculture
|
|
R-L
|
Low-Density Residential
|
|
R-M
|
Medium-Density Residential
|
|
R-H
|
High-Density Residential
|
|
C-O
|
Professional Office
|
|
C-L
|
Limited Commercial
|
|
C-M
|
Commercial Manufacturing
|
|
M-L
|
Limited Manufacturing
|
|
M-H
|
Heavy Manufacturing
|
|
B
|
Buffer
|
|
P
|
Automobile Parking
|
|
D
|
Planned Development
|
|
B-O
|
Billboard Overlay Zone
|
[Added by Ord. #1557, § 9111]
The locations and boundaries of the various zones are shown
on the "Official Zoning Map of the City of Compton," on file in the
office of the Planning Department, a copy of which is attached to
and made a part of this Chapter. The Official Zoning Map is the same
as was adopted by Ordinance No. 1095 on March 25, 1958, and as amended
by subsequent ordinances. The former zone symbols shown on said Official
Zoning Map are hereby amended and shall be shown by the following
zone symbols:
|
Former Zone Symbol
|
Amended Zone Symbol
|
|---|---|
|
R-1
|
R-L
|
|
R-2
|
R-M
|
|
R-3
|
R-H
|
|
C-2
|
C-L
|
|
M-1
|
M-L
|
|
M-2
|
M-H
|
|
B-1
|
B
|
a.
Zoning Map
Amendments.
1.
The precise
location and boundaries of the City of Compton Emergency Shelter Overlay
Zone shall be as depicted in the attached Exhibit A[1] and that the official city zoning map shall be updated
to reflect the adoption of the Emergency Shelter Overlay Zone.
[Added 4-7-2020 by Ord.
No. 2318]
[1]
Exhibit A may be found on file in the City offices.
[Added by Ord. #1557, § 9112; Ord. #2179, § 1]
Where uncertainty exists as to the boundaries of any zone on
the Official Zoning Map, the following provisions shall apply:
a.
Where boundaries are indicated as approximately following a street,
alley, railroad right-of-way, watercourse channel, or other rights-of-way,
the center line of such right-of-way shall be considered the zone
boundary, but if the street, alley, railroad right-of-way, watercourse
channel, or other right-of-way abuts a freeway on the opposite side
of the zone boundary, then the zone boundary shall extend across the
entire right-of-way.
b.
Where boundaries are indicated as following lot or parcel lines not
abutting a right-of-way, such lines shall be considered the zone boundary.
c.
Where a zone boundary divides a lot or parcel of land and is not
dimensioned, the boundary shall be determined by the scale on the
Official Zoning Map.
d.
Where any right-of-way, or any portion thereof, is vacated or abandoned,
the zone and regulations of the vacated or abandoned portion of such
right-of-way shall be the same as that of the property to which such
right-of-way reverts.
[Added by Ord. #1557, § 9120.1]
The Residential Agriculture Zone (R-A) is established to provide
for the development of large one-family homesites in a limited agricultural
environment.
[Added by Ord. #1557, § 9120.2; Ord. #1580, 1;
Ord. #1784; Ord. #1918, § 2, 3; Ord. #1935, § 1;
Ord. #1942, § 1; Ord. #2023, §§ 1 —
3; Ord. #2080, § 1; Ord. #2101, § 2; Ord. #2155,
§ 2; Ord. #2282 §§ 3, 4; 4-7-2020 by Ord. No. 2318]
a.
Principal Permitted Uses. The following uses and buildings shall
be permitted in the Residential Agriculture Zone (R-A):
1.
One-family dwellings;
2.
Small family homes, foster family homes, small group homes and family child care homes as defined, regulated and licensed by the California Health and Safety Code (the provisions of subsection 30-11.3 of this Chapter shall apply);
3.
Private and commercial field crops, orchards, horticultural nurseries,
and similar agricultural uses;
4.
Chinchilla ranches;
5.
Aviary, poultry (not to exceed six roosters) and rabbits for private
use only;
6.
One horse, bull or cow for each 2,500 square feet of parcel area,
not to exceed a total of five, for the use of the family occupying
the property;
7.
Three adult dogs and three adult cats and their litters up to four
months of age and three other household pets;
8.
Home occupations;
9.
The rooming and boarding of not more than two persons in addition
to members of the family occupying the property;
10.
The storage of petroleum products for use on the property only;
11.
Swimming pools for private use only;
12.
Non-habitable accessory buildings, including private garages, private
hobby shops, laundry rooms and buildings, including an office necessary
for the conduct of the permitted agricultural uses;
13.
City parks, playgrounds, police and fire stations, and libraries;
14.
Public elementary, junior high and high schools offering full curricula
as required by State laws;
15.
Water company wells, pumping plants, and reservoirs and electric
distribution substations;
16.
Sales of household items, including rummage sales and garage sales;
provided, however, such sales shall not be held on more than 12 days
in any calendar year;
17.
Uses and buildings customarily incidental to any use and building
set forth in this subsection.
18.
Any use or building which the Commission finds, as evidenced by resolution
in writing, is similar to any of the uses and buildings set forth
in this subsection;
19.
Five sheep and/or five goats (not more than five of each per family);
20.
Worm farms (not more than 19 beds, four feet by eight feet in dimension
or on equivalent area per parcel of land).
22.
Indoor marijuana cultivation is allowed consistent with State law which permits no more than six live marijuana plants to be planted, cultivated, harvested, dried, or processed within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured as long as the marijuana cultivation activities comply with the regulations set forth in paragraph c of subsection 9-24.4.
23.
Supportive and Transitional Housing.
b.
Uses Permitted Subject to Conditional Use Permits. The following uses and buildings may be permitted in the Residential Agriculture Zone (R-A) provided a conditional use permit has been obtained pursuant to the provisions of Section 30-26:
c.
Prohibited Agricultural Uses. For the purposes of clarification,
the following agricultural uses and buildings shall be specifically
prohibited in the Residential Agriculture Zone (R-A):
1.
The maintenance of horses, except for the primary use of the members
of a family residing on the premises;
2.
Hogs;
3.
Fox and monkey farms and horse and mink ranches;
4.
Dairies;
5.
Slaughterhouses;
6.
Wild animals whose natural habitat is not in residence with man;
7.
Roadside sales stands;
8.
Apiaries; and
9.
Any use or building which the Commission finds, as evidenced by resolution
in writing, is similar to any of the uses and buildings set forth
in this subsection.
11.
Marijuana cultivation outdoors upon the grounds of a private residence.
d.
A violation of this Code subsection is a misdemeanor. If animals
in excess of those permitted are found on the property, they will
be confiscated and disposed of. The costs for confiscation, housing
and feeding of the animals seized prior to disposal will be the responsibility
of the owner of the animals.
[Added by Ord. #1557, § 9120.3; Ord. #1580, § 1;
Ord. #2155, § 2]
Animals, birds, fowl and poultry on a lot or parcel of land
in the Residential Agriculture Zone (R-A) shall be maintained not
less than the following distances from any dwelling or commercial
building or from any property line:
[Added by Ord. #1557, § 9120.4; Ord. #1733, § 1;
Ord. #1784; Ord. #2025, § 1; Ord. #2101, § 2]
The following property development standards shall apply to
all land and buildings in the Residential Agriculture Zone (R-A).
a.
Lot Area, Width and Depth. (For exceptions, see subsection 30-20.2 of this Chapter.) Each lot or parcel of land shall have a minimum of 10,000 square feet, a minimum street frontage width of 60 feet and a minimum depth of 150 feet.
b.
Dwelling Unit Density.
1.
The minimum lot area for each dwelling unit shall be 10,000 square
feet.
2.
More than one one-family dwelling may be constructed on a lot or
parcel of land; provided, however, that each dwelling shall be placed
in such a manner that the area on which it is located shall meet the
minimum standards for lot area, width and depth set forth above, could
be legally divided from the original subdivision and conforms to the
density, lot design and street orientation of the original subdivision.
c.
Dwelling Unit Area and Number of Bedrooms. Each dwelling unit shall
have a gross floor area of not less than 1,200 square feet or not
more than 3,500 square feet nor shall any dwelling unit have less
than two bedrooms or more than five bedrooms.
d.
Building Height. (For exceptions, see subsection 30-20.4 of this Chapter.) The maximum height for buildings or structures shall be 35 feet.
e.
Accessory Structures. Accessory structures shall have a combined
area no greater than twice that required for off-street parking.
f.
Yards. (For exceptions, see subsection 30-20.3 of this Chapter.)
1.
Front Yards. There shall be a front yard of not less than 20 feet.
2.
Side Yards.
(a)
There shall be an interior side yard of not less than three
feet. There shall be a street side yard of not less than five feet.
There shall be a side yard of not less than five feet for buildings
and structures of two or more stories.
(b)
A porte cochere not more than 15 feet in height or 20 feet in
length may be placed over a driveway in an interior side yard.
(c)
Detached accessory buildings may be located in a required interior
side yard.
3.
Rear Yards.
(a)
There shall be a rear yard of not less than 20 feet.
(b)
A lot or parcel of land having a depth of 90 feet or less may
have a rear yard of 20% of the depth but shall not be less than 10
feet.
(c)
Detached accessory structures of not more than one story and
attached unenclosed patio covers may occupy not more than 50% of a
required rear yard.
[Ord. #1935, § 1; Ord. #1942, § 1]
a.
When the Zoning Ordinance is amended to restrict or prohibit the
maintenance of an animal or bird which was previously permitted under
this Chapter, the owner of the affected animal or bird shall have
30 days from the date such amendment is adopted to remove the animal
or bird and bring the property into compliance.
b.
Within the thirty-day compliance period, an owner of an affected animal or bird may apply to the Planning Commission for additional time in which to comply. The request shall be made in compliance with the provisions for a Conditional Use Permit contained in this Chapter (Section 30-26) and the request shall include the number of affected animals or birds maintained on the property on the day preceding the adoption of the applicable limitation; the purpose for which the animals or birds are maintained; the length of time the animals or birds have been maintained on the property and the length of time needed to come into compliance with the new ordinance and the private loss that may result from coming into compliance. No fee shall be charged for processing a request for an extension submitted during the thirty-day compliance period.
[Added by Ord. #1557, § 9121.1]
The Low-Density Residential Zone (R-L) is established to provide
for the development of single-family housing with ample yard space.
[Added by Ord. #1557, § 9121.2; Ord. #1784; Ord.
#2101, § 3; Ord. #2155, § 2; Ord. #2282 §§ 5,
6; 4-7-2020 by Ord. No. 2318]
a.
Principal Permitted Uses. The following uses and buildings shall
be permitted in the Low-Density Residential Zone (R-L):
1.
One-family dwellings;
2.
Small family homes, foster family homes, small group homes and family child care homes as defined, regulated and licensed by the California Health and Safety Code (the provisions of subsection 30-11.3 of this Chapter shall apply);
3.
Three adult dogs and three adult cats and their litters up to four
months of age and three other household pets;
4.
Birds, excluding pigeons, doves, chickens, and ducks kept as household
pets;
5.
Home occupations;
6.
The rooming and boarding of not more than two persons in addition
to members of the family occupying the property;
7.
Swimming pools for private use only;
8.
Non-habitable accessory buildings, including private garages, private
hobby shops, laundry rooms and greenhouses;
9.
City parks, playgrounds, police and fire stations, and libraries;
10.
Public elementary, junior high and high schools offering full curricula
as required by State laws;
11.
Water company wells, pumping plants, and reservoirs and electric
distribution substations;
12.
Sales of household items, including rummage sales and garage sales;
provided, however, such sales shall not be held on more than 12 days
in any calendar year;
13.
Uses and buildings customarily incidental to any use or building
set forth in this subsection; and
14.
Any use or building which the Commission finds, as evidenced by resolution
in writing, is similar to any of the uses or buildings set forth in
this subsection.
16.
Indoor marijuana cultivation is allowed consistent with State law which permits no more than six live marijuana plants to be planted, cultivated, harvested, dried, or processed within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured as long as the marijuana cultivation activities comply with the regulations set forth in paragraph c of subsection 9-24.4.
17.
Supportive and Transitional Housing.
b.
Uses Permitted Subject to Conditional Use Permits. The following uses and buildings may be permitted in the Low-Density Residential Zone (R-L) provided a conditional use permit has been obtained pursuant to the provisions of Section 30-26:
c.
Prohibited Uses. The following uses are specifically prohibited in
the Low-Density Residential Zone (R-L):
[Added by Ord. #1557, § 9121.3; Ord. #1733, § 1;
Ord. #1784; Ord. #2025, § 1; Ord. #2080, § 1;
Ord. #2101, § 3]
The following property development standards shall apply to
all land and buildings in the Low-Density Residential Zone (R-L).
a.
Lot Area, Width and Depth. (For exceptions, see subsection 30-20.2 of this Chapter.) Each lot or parcel of land shall have a minimum area of 5,000 square feet, a minimum street frontage width of 50 feet and a minimum depth of 100 feet.
b.
Dwelling Unit Density.
1.
The minimum lot area for each dwelling unit shall be 5,000 square
feet.
2.
More than one one-family dwelling may be constructed on a lot or
parcel of land; provided, however, that each dwelling shall be placed
in such a manner that the area on which it is located shall meet the
minimum standards for lot area, width and depth set forth above, could
be legally divided from the original subdivision and conforms to the
density, lot design and street orientation of the original subdivision.
c.
Dwelling Unit Area and Number of Bedrooms. Each dwelling unit shall
have a gross floor area of not less than 1,200 square feet or not
more than 3,000 square feet nor shall each dwelling unit have less
than two bedrooms or more than five bedrooms.
d.
Building Height. (For exceptions, see subsection 30-20.4 of this Chapter.) The maximum height for buildings or structures shall be 35 feet.
e.
Accessory Structures. Accessory structures shall have a combined
area no greater than twice that required for off-street parking.
f.
Yards. (For exceptions, see subsection 30-20.3 of this Chapter.)
1.
Front Yards. There shall be a front yard of not less than 20 feet.
2.
Side Yards.
(a)
There shall be an interior side yard of not less than three
feet. There shall be a street side yard of not less than five feet.
There shall be a side yard of not less than five feet for buildings
and structures of two or more stories.
(b)
A porte cochere not more than 15 feet in height or 20 feet in
length may be placed over a driveway in an interior side yard.
(c)
Detached accessory buildings may be located in a required interior
side yard.
3.
Rear Yards.
(a)
There shall be a rear yard of not less than 20 feet.
(b)
A lot or parcel of land having a depth of 90 feet or less may
have a rear yard of 20% of the depth but shall not be less than 10
feet.
(c)
Detached accessory structures of not more than one story and
attached unenclosed patio covers may occupy not more than 50% of a
required rear yard.
[Added by Ord. #1557, § 9122.1]
The Medium Density Residential Zone (R-M) is established to
provide a suitable environment for family life in areas where a mixture
of dwelling unit types is permitted at medium density.
[Added by Ord. #1557, § 9122.2; Ord. #1602, §§ 1b,
1c; Ord. #1746, § 1; Ord. #1784; Ord. #2080, § 1;
Ord. #2282 §§ 7, 8; 4-7-2020 by Ord. No. 2318]
a.
Principal Permitted Uses. The following uses and buildings shall
be permitted in the Medium-Density Residential Zone (R-M):
1.
Any use permitted in the Low-Density Residential Zone (R-L), except
those uses which require a conditional use permit;
2.
Multiple-family residences of four units or less.
3.
Uses and buildings customarily incidental to any use or building
set forth in this subsection; and
4.
Any use or building which the Commission finds, as evidenced by resolution
in writing, is similar to any of the uses and buildings set forth
in this subsection.
5.
Indoor marijuana cultivation is allowed consistent with State law which permits no more than six live marijuana plants to be planted, cultivated, harvested, dried, or processed within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured as long as the marijuana cultivation activities comply with the regulations set forth in paragraph c of subsection 9-24.4.
6.
Supportive and Transitional Housing.
b.
Uses Permitted Subject to Conditional Use Permits. The following uses and buildings may be permitted in the Medium-Density Residential Zone (R-M) provided a conditional use permit has been obtained pursuant to the provisions of Section 30-26.
c.
Prohibited Uses. The following uses are specifically prohibited in
the Medium-Density Residential Zone (R-M):
[Added by Ord. #1557, § 9122.3; Ord. #1733, § 1;
Ord. #1784; Ord. #2025, § 1; Ord. #2101, § 4;
Ord. #2155, § 2]
The following property development standards shall apply to
all land and buildings in the Medium-Density Residential Zone (R-M).
a.
Lot Area, Width and Depth. (For exceptions, see subsection 30-20.2 of this Chapter.) Each lot or parcel of land shall have a minimum area of 5,000 square feet, a minimum street frontage width of 50 feet and a minimum depth of 100 feet.
b.
Dwelling Unit Density. The minimum lot area for each dwelling unit
shall be 2,500 square feet.
c.
Dwelling Unit Area and Number of Bedrooms. Each dwelling unit shall
have a gross floor area of not less than 450 square feet for bachelor
units, 600 square feet for one bedroom units, 800 square feet for
two bedroom units and 1,000 square feet for units with more than two
bedrooms. Dwelling units shall not exceed 2,500 square feet.
d.
Building Height. (For exceptions, see subsection 30-20.4 of this Chapter.) The maximum height for buildings or structures shall be 35 feet.
e.
Accessory Structures. Accessory structures shall have a combined
area no greater than twice that required for off-street parking.
f.
Yards. (For exceptions, see subsection 30-20.3 of this Chapter.)
1.
Front Yards. There shall be a front yard of not less than 20 feet.
2.
Side Yards.
(a)
There shall be an interior side yard of not less than three
feet. There shall be a street side yard of not less than five feet.
There shall be a side yard of not less than five feet for buildings
and structures of two or more stories.
(b)
A porte cochere not more than 15 feet in height or 20 feet in
length may be placed over a driveway in an interior side yard.
(c)
Detached accessory buildings may be located in a required interior
side yard.
3.
Rear Yards.
(a)
There shall be a rear yard of not less than 20 feet.
(b)
A lot or parcel of land having a depth of 90 feet or less may
have a rear yard of 20% of the depth but shall not be less than 10
feet.
(c)
Detached accessory structures of not more than one story and
attached unenclosed patio covers may occupy not more than 60% of a
required rear yard.
[Added by Ord. #1557, § 9123.1; Ord. #1733, § 1]
The High-Density Residential Zone (R-H) is established to provide
for a suitable residential environment through the predominant development
of multiple-family dwellings.
[Added by Ord. #1557, § 9123.2; Ord. #1602, § 1d;
Ord. #1733, § 1; Ord. #1746, § 1; Ord. #1784;
Ord. #2080, § 1; Ord. #2155, § 2; Ord. #2282 §§ 9,
10; 4-7-2020 by Ord. No. 2318]
a.
Principal Permitted Uses. The following uses and buildings shall
be permitted in the High-Density Residential Zone (R-H):
1.
Any use permitted in the Medium-Density Residential Zone (R-M), except
those uses which require a conditional use permit;
2.
Uses and buildings customarily incidental to any use or building
set forth in this subsection; and
3.
Any use or building which the Commission finds, as evidenced by resolution
in writing, is similar to any of the uses or buildings set forth in
this subsection.
4.
Indoor marijuana cultivation is allowed consistent with State law which permits no more than six live marijuana plants to be planted, cultivated, harvested, dried, or processed within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured as long as the marijuana cultivation activities comply with the regulations set forth in paragraph c of subsection 9-24.4.
5.
Supportive and Transitional Housing.
b.
Uses Permitted Subject to Conditional Use Permits. The following uses and buildings may be permitted in the High-Density Residential Zone (R-H) provided a conditional use permit has been obtained pursuant to the provisions of Section 30-26 of this Chapter.
1.
Large group homes regulated and licensed by the California Health
and Safety Code;
2.
Planned residential and condominium developments (the provisions of Section 30-18 of this Chapter shall apply).
3.
Multiple-family residences of five or more units on the same parcel
of land.
4.
Private elementary, junior high and high schools offering full curricula
as required by State laws.
c.
Prohibited Uses. The following uses are specifically prohibited in
the High-Density Residential Zone (R-H):
[Added by Ord. #1557, § 9123.3; Ord. #1733, 1;
Ord. #1784; Ord. #1941, § 1; Ord. #2025, § 1;
Ord. #2080, § 1; Ord. #2101, § 5]
The following property development standards shall apply to
all land and buildings in the High-Density Residential Zone (R-H).
a.
Lot Area, Width and Depth. (For exceptions, see subsection 30-20.2 of this Chapter.) Each lot or parcel of land shall have a minimum area of 5,000 square feet, a minimum street frontage width of 50 feet and a minimum depth of 100 feet.
b.
Dwelling Unit Density. The minimum lot area for each dwelling unit
shall be 1,500 square feet, except that for senior citizen units the
minimum lot area shall be 1,250 square feet.
c.
Dwelling Unit Area and Number of Bedrooms. Each dwelling unit shall
have a gross floor area of not less than 450 square feet for bachelor
units, 600 square feet for one bedroom units, 800 square feet for
two bedroom units and 1,000 square feet for units with more than two
bedrooms. Dwelling units shall not exceed 2,000 square feet.
d.
Building Height. (For exceptions, see subsection 30-20.4 of this Chapter.) The maximum height for buildings or structures shall be 35 feet.
e.
Accessory Structures. Accessory structures shall have a combined
area no greater than twice that required for off-street parking.
f.
Yards. (For exceptions, see subsection 30-20.3 of this Chapter.)
1.
Front Yards. There shall be a front yard of not less than 15 feet.
2.
Side Yards.
(a)
There shall be an interior side yard of not less than three
feet. There shall be a street side yard of not less than five feet.
There shall be a side yard of not less than five feet for buildings
and structures of two or more stories.
(b)
A porte cochere not more than 15 feet in height or 20 feet in
length may be placed over a driveway in an interior side yard.
(c)
Detached accessory buildings may be located in a required interior
side yard.
3.
Rear Yards and Open Space.
(a)
There shall be a rear yard of not less than 10 feet.
(b)
100% occupancy of a rear yard by garages, carports, laundry
rooms or storage rooms only may be permitted provided such buildings
are not more than one story and are located a minimum distance of
25 feet from the principal building or buildings on such lot or parcel
of land.
(c)
There shall be a minimum of 100 square feet per unit of usable
accessible open space, exclusive of the required front yard, turning
radii and driveways.
[Ord. #2080, § 1]
This Section provides supplemental land use and development
standards for residential uses with unusual development characteristics
or needs.
[Ord. #2080, § 1; amended 12-28-2021 by Ord. No. 2341]
This section establishes standards for the development of accessory
dwelling units and junior accessory dwelling units in accordance with
Sections 65852.2 and 65852.22 of the California Government Code.
a.
ACCESSORY DWELLING UNIT or ADU
ATTACHED ADU
DETACHED ADU
EXISTING STRUCTURE
JUNIOR ACCESSORY DWELLING UNIT or JADU
PRIMARY DWELLING
PUBLIC TRANSIT
Definitions. For the purposes of this section, the following definitions
apply:
Has the same meaning ascribed in Government Code Section
65852.2, as the same may be amended from time to time.
Means an ADU that shares a common wall with the Primary Dwelling.
Means an ADU that is constructed as a separate structure
from the Primary Dwelling, which does not share any walls with the
Primary Dwelling.
Means an existing single-family dwelling or other accessory
structure that can be safely converted into habitable space under
the California Building Standards Code, as amended by the City, and
other applicable law.
Has the same meaning ascribed in Government Code Section
65852.22, as the same may be amended from time to time.
For purposes of this section, means the existing or proposed
single-family dwelling on the lot where an ADU would be located.
For purposes of this section, has the meaning ascribed in
Government Code Section 65852.2(j), as the same may be amended from
time to time.
b.
Building permit approval only.
1.
A separate accessory dwelling unit application is not required to be filed with the City's Planning Division for an ADU or JADU that satisfies the requirements of all of the following: paragraph 2 of subsection b herein; subsections c, d, and e of this section; and the Building Code, Residential Code, and Fire Code standards incorporated into the Compton Municipal Code. A Building Permit application is required to be filed with the Building and Safety Department.
2.
Pursuant to Government Code Section 65852.2(e), the City shall ministerially
approve an application for a building permit on a lot that is zoned
to allow single family or multi-family residential use as a by-right
land use to create any of the following:
(a)
A JADU within the Primary Dwelling, and an ADU within the Primary
Dwelling or an ADU within an existing accessory structure. One ADU
and one JADU per lot with a proposed or existing single-family dwelling
is allowed if all of the following apply:
(1)
The JADU is within the proposed space of a single-family dwelling
or existing space of a single-family dwelling and the ADU is within
either the existing or proposed space of a single-family dwelling
or an existing accessory structure. An ADU built in an existing accessory
structure may include an expansion of not more than 150 square feet
beyond the same physical dimensions as the existing accessory structure.
Such an expansion beyond the physical dimensions of the existing accessory
structure shall be limited to accommodating ingress and egress.
(i)
The space has exterior access from the proposed
or existing single-family dwelling.
(ii)
The side and rear setbacks are sufficient for
fire and safety.
(iii)
The JADU complies with the requirements of Government Code Section 65852.22 and with the requirements set forth in subsections c, d, and e of this section.
(b)
Detached new construction ADU for Primary Dwelling. This ADU
may be combined with a JADU described in subparagraph (a) above. One
detached, new construction ADU for a lot with a proposed or existing
single-family dwelling if all of the following apply:
(c)
ADU within non-livable space in existing multifamily structure.
One ADU within the portions of existing multifamily dwelling structures
that are not used as livable space, including, but not limited to,
storage rooms, boiler rooms, passageways, attics, basements, or garages,
if each unit complies with state building standards for dwellings.
If requested, more than one ADU shall be allowed, up to the number
of ADUs that equals 25% of the existing multifamily dwelling units
in the structure.
(d)
Detached new construction ADUs for existing multifamily dwellings
are limited to not more than two detached ADUs located on a lot that
has an existing multifamily building. Multiple separate residential
structures on the same lot do not qualify as a multi-family building.
Detached ADUs subject to a height limit of 16 feet and minimum four-foot
rear and side setbacks.
c.
Standards for JADUs. In accordance with the standards set forth in
Government Code Section 65852.22, JADUs shall comply with the following
requirements, unless State law is amended to set forth different standards
in which case State law standards will govern:
1.
A JADU shall be a minimum of 150 square feet and a maximum of 500
square feet of gross floor area. The gross floor area of a shared
sanitation facility shall not be included in the maximum gross floor
area of a JADU.
2.
A JADU must be contained entirely within the walls of the existing
or proposed single-family dwelling.
3.
A separate exterior entry from the main entrance to the single-family
dwelling shall be provided to serve a JADU.
4.
A JADU may include separate sanitation facilities, or may share sanitation
facilities with the existing single-family dwelling. If the JADU shares
sanitation facilities with the single-family dwelling, there shall
be interior access between the two units.
6.
No additional parking is required for a JADU.
d.
Covenant Required. Prior to the issuance of a Certificate of Occupancy
for an ADU or JADU, the property owner shall record a declaration
of restrictions, in a form approved by the City Attorney, placing
the following restrictions on the property, the property owner, and
all successors in interest:
1.
The ADU or JADU shall not be sold, transferred, or assigned separately
from the Primary Dwelling, but may be rented.
2.
The ADU shall not be used for short term rentals for less than 30
consecutive days.
3.
If there is a JADU on the property, either the JADU or Primary Dwelling
shall be occupied by the owner of record.
e.
Fees and Utility Connections.
1.
ADUs and JADUs shall have adequate water and sewer services. These
services may be provided from the water and sewer points of connection
for the Primary Dwelling and not be a separate set of services. For
an ADU that is not a conversion of an existing space, a separate utility
connection directly between the accessory dwelling unit and the utility
may be required. Consistent with Government Code Section 65852.2(f),
the connection may be subject to a connection fee or capacity charge
that shall be proportionate to the burden of the proposed ADU.
2.
The owner of an ADU or JADU shall be subject to the payment of all
sewer, water and other applicable fees, including impact fees set
forth in Government Code Section 66000 et seq., except as follows:
f.
In accordance with State law, ADUs are an accessory use or an accessory
structure to the Primary Dwelling on the lot. ADUs shall not be considered
to exceed the allowable density for the lot.
g.
Accessory dwelling unit applications subject to administrative approval
shall be processed within the timelines established by California
Government Code Section 65852.2. The City shall act upon the accessory
dwelling unit permit within 60 days of receiving a complete application,
or in accordance with the deadline required by Government Code Section
65852.2, as the same may be amended from time to time. Notice of decision
on the application shall be mailed to the applicant. The decision
of the Community Development Director shall be final.
h.
If the proposed ADU does not fall under subsection b herein, the Community Development Director, or the Director's designee, shall ministerially review and approve an ADU application, provided that the submitted application is complete and demonstrates that the ADU complies with the requirements contained in this section and any other applicable law. A public hearing is not required.
i.
Where an application for an ADU or JADU is submitted with an application
for a Primary Dwelling that is subject to discretionary review under
the Compton Municipal Code, the application shall be processed in
accordance with this section, separately without discretionary review
or a public hearing, following action on the portion of the project
subject to discretionary review.
j.
Standards for ADUs. Except for those ADUs approved pursuant to subsection b of this section ("Building Permit Approval Only"), ADUs shall comply with the following development standards:
2.
Development Standards:
(a)
Size Restrictions.
(1)
Maximum Size. If there is an existing Primary Dwelling, an Attached
ADU shall not exceed 50% of the gross floor area of the Primary Dwelling.
An Attached ADU that is proposed with a new Primary Dwelling or with
a new multi-family structure shall not exceed 850 square feet in gross
floor area for a studio or one-bedroom unit, or 1,000 square feet
in gross floor area if more than one bedroom. A Detached ADU shall
not exceed 850 square feet in gross floor area for a studio or one-bedroom
unit, or 1,000 square feet in gross floor area if more than one bedroom.
(2)
Maximum Size in the RA Zone. On a conforming lot in the RA zone,
an ADU may exceed the aforementioned maximum sizes, not to exceed
1,200 square feet in gross floor area, regardless of the number of
bedrooms. For any ADU that exceeds 800 square feet, the combined square
footage of all residential living area onsite shall not exceed 3,000
square feet.
(3)
Minimum Size. In no case shall an ADU be less than an "efficiency
unit" as defined in Health and Safety Code Section 17958.1 with respect
to square footage.
(b)
Height Restrictions. A Detached ADU shall not exceed 16 feet
in height, and an Attached ADU shall not exceed the height of the
Primary Dwelling or proposed multi-family structure, unless the ADU
is constructed above a garage, in which case the structure shall not
exceed 30 feet.
(c)
Setbacks. No setback shall be required for an ADU that is built
within an Existing Structure or for a new ADU that is constructed
in the same location and with the same dimensions as an Existing Structure.
For all other ADUs, the required minimum setback from side and rear
lot lines shall be four feet. An ADU shall comply with all required
front yard setbacks otherwise required by the Compton Municipal Code.
(d)
Lot Coverage and Open Space. An ADU shall conform to all lot
coverage and open space requirements applicable to the zoning district
in which the property is located, except where the application of
the lot coverage or open space regulations would not permit construction
of an 800 square foot ADU that is 16 feet in height with at least
four-foot side and rear yard setbacks.
(e)
Design. The architecture, colors, and materials of the ADU shall
match that of the Primary Dwelling or new multi-family structure,
and shall comply with any objective design standards adopted by the
City that are applicable to the zoning district or Specific Plan area
where the ADU is located. ADUs shall comply with the following:
(1)
For new detached ADUs approved pursuant to the local ADU process,
the ADU must include indentations and/or projections provided that
there are at least eight inches in depth on at least two of the exterior
walls to break up flat planes. The interior wall height shall be at
least seven feet tall.
(2)
Landscaping around a detached ADU must be drought-tolerant or
low water-using plants that utilize a variety of drought tolerant
resistant grasses, turf substitutes, or ground covers that maintain
a living, continuous planting area, and provide screening between
the ADU and adjacent parcels. Desert landscape or rock garden designs
are not allowed. No artificial planting turf or plant materials are
permitted.
(3)
All windows shall have a wood or stucco window surround or frame
or similar architectural feature with a minimum width of four inches.
(4)
The main entrance to an ADU shall have a covered porch with
minimum dimensions of four feet by four feet, however no such covered
porch shall be required if it would have the effect of precluding
the development of an ADU in light of the required setbacks.
(5)
The roof shall have a minimum pitch of 3/12.
(f)
Exterior Access. An ADU shall have a separate exterior entrance.
Entrances shall be on the side or rear elevations of the ADU and shall
not be visible from the right-of-way.
(g)
Addresses. ADUs must have clear addressing visible from the
street, and shall be at least four inches high. Addresses also shall
be included on the curb next to the primary dwelling address number.
(h)
Fire Sprinklers. ADUs are required to provide fire sprinklers
if they are required for the Primary Dwelling or proposed multi-family
structure.
3.
Parking Requirements:
(a)
In addition to the off-street parking space(s) required for
the Primary Dwelling or newly proposed multi-family structure, one
off-street parking space shall be provided for each ADU, except when:
(1)
The ADU is located within one-half mile walking distance of
Public Transit;
(2)
The ADU is located within an architecturally and historically
significant historic district;
(3)
The ADU is part of a proposed or existing Primary Dwelling or
accessory structure;
(4)
The ADU is located in an area where on-street parking permits
are required but not offered to an ADU occupant; or
(5)
The ADU is located within one block of a city-approved and dedicated
parking space for a car share vehicle.
(b)
When the ADU is created by converting or demolishing a garage,
carport or covered parking structure, replacement of parking space(s)
eliminated by the construction of the ADU shall not be required as
long as the ADU remains in use as a legal ADU.
(c)
When required, the parking space may be provided in the side
or rear setback areas or as tandem parking, provided no vehicle parks
on or blocks any public or private sidewalk or any other pedestrian
path or street.
k.
Other Provisions:
1.
Recreational trailers are not permitted to be used as ADUs. This
includes, but is not limited, to recreational vehicles and mobile/motor
homes.
2.
All structures onsite prior to construction of any ADU or JADU must
be legally built structures with all required permits, inspections,
and no outstanding code violations. The conversion of an illegally
constructed garage or accessory structure, which was constructed prior
to January 1, 2021, shall be exempt from this provision for a period
of 24 months after adoption of this provision so long as the applicant
obtains a building permit and complies with all necessary requirements,
as provided in subdivision b herein.
3.
If a garage on the same property as a single family detached residence
is converted to an ADU, future additions to the primary residence
shall be limited to 300 square feet.
[Ord. #2080, § 1]
This subsection establishes standards for the development of
family child care facilities that provide care, protection and supervision
of children, in the care provider and licensee's own home, for periods
of less than 24 hours per day, in accordance with Section 1597 of
the California Health and Safety Code.
a.
Small family child care homes provide family child care for up to
eight children, including children under the age of 10 who live in
the care provider and licensee's home. Small family child care homes
are a permitted accessory use in all residential zones, subject to
compliance with the following standards:
b.
Large family child care homes provide family child care for up to
14 children, including children under the age of 10 who live in the
care provider and licensee's home and the assistant care provider's
children under the age of 10. Large family child care homes are a
permitted accessory use in all residential zones, subject to compliance
with the following standards:
1.
The care provider and licensee shall reside in the home.
2.
There shall be no other child care home within 300 feet of the exterior
boundary of the lot containing the home.
3.
There shall be no more than one home within any residential complex
or on any individual residential lot.
4.
The home must have a minimum lot size of 5,000 square feet.
5.
The home shall maintain the provisions for enclosed off-street parking
that were provided when the structure was originally constructed.
6.
Previously converted garages shall be restored to their original
use.
7.
Additional off-street parking for a minimum of two vehicles shall
be provided for parents and employees.
8.
The rear yard of the home shall be enclosed by a solid fence or wall.
9.
Outdoor activities may only be conducted within the rear yard of
the home between the hours of 9:00 a.m. and sunset. No child care
activities shall be conducted in the front yard.
10.
There shall be no signage identifying the home.
11.
The property shall not be altered or structurally changed in a way
which is adverse to the character or appearance of the residential
zone.
12.
The floor space of the home shall not be increased to accommodate
child care services or altered or arranged in a way that would preclude
its use as a dwelling.
13.
The care provider and licensee shall be responsible for preventing
any disruption of the surrounding residential area due to noise or
traffic.
14.
A site plan and floor plan of the home shall be approved by the Architectural
Review Board to verify compliance with the standards contained in
this subsection.
[Ord. #2101, § 6; Ord. #2155, § 2]
This subsection establishes standards for garage and yard sales
conducted as an accessory to a permitted dwelling in a residential
zone.
a.
Prior to holding a garage or yard sale, a garage sale permit shall
be obtained from the Planning Department.
b.
Garage and yard sales shall be permitted for a maximum of 12 days
per calendar year on the first Saturday of each month. Garage and
yard sales held on any other day shall be in violation of the Compton
Municipal Code. Only one sale shall be permitted per lot, irrespective
of the number of residential units. All applications must be submitted
by the Monday prior to the Saturday sales date.
c.
Garage and yard sales shall only be conducted between the hours of
8:00 a.m. and sunset.
d.
Garage and yard sales shall only display and sell residential household
items and the display and sale of new or nonresidential merchandise
shall not be permitted.
e.
Garage and yard sales shall be conducted entirely on private residential
property. No items may be displayed on public parkways or rights-of-way
or on residential perimeter fences.
f.
The violation of this subsection is an infraction. The penalty for
the violation of this subsection is a fine of $50 for the first violation,
$75 for the second violation and $100 for each additional violation
of this subsection within one year. The City Attorney shall have the
authority to file the violation as a misdemeanor when a continuing
violation is shown to exist. A continuing violation is deemed to be
two or more violations for the same or different sections of the Municipal
Code whereupon the violator was previously cited for an infraction.
[Ord. #2101, § 6]
This subsection established standards for the operation of a
home occupation as an accessory to a permitted dwelling unit in a
residential zone.
a.
Home occupations shall be limited to low-intensity businesses and
small craft activities, such as offices, telemarketing, off-site consulting,
painting and rug weaving, that cannot affect neighboring residences.
b.
A home occupation shall be subject to the following standards and
limitations:
1.
There shall be no merchandise, signs, equipment or materials visible
from outside the dwelling. The appearance or construction of the dwelling
shall not be altered nor shall there be any activity that indicates
that the dwelling is used for a nonresidential purpose.
2.
The home occupation shall be conducted solely within the residential
structure and shall not operate out-of-doors or within a garage.
3.
The home occupation shall be limited to one room of the dwelling
or 25% of the gross floor area of the dwelling, whichever is less.
4.
Only the residents of the dwelling shall be employed in the business.
5.
The home occupation shall not use, produce or maintain any hazardous
materials or chemicals. Tools and equipment used in the conduct of
the business shall not generate smoke, dust, noise or vibrations beyond
that typical to the residential use.
6.
No wholesale or retail business, nor any business involving on-site
sales shall operate as a home occupation. Telephone or mail order
marketing businesses shall be permitted provided that no delivery
of goods occurs on site. Limited or incidental storage of goods may
be permitted on-site up to a maximum of 50 cubic feet.
7.
No identifiably commercial vehicle or equipment used in conjunction
with the home occupation shall be parked on-site or on an adjacent
street.
8.
Vehicular or pedestrian traffic to the business shall not exceed
that normally experienced by exclusively residential use.
9.
Vehicle repair, equipment repair, merchandise sales, dating services,
beauty salons, on-site food preparation, upholstery and similar uses
are not permitted as a home occupation.
10.
Custom alterations and dressmaking is permitted as a home occupation
provided the activity complies with the requirements of the Bureau
of Labor Standards.
[Ord. #2101, § 6]
This subsection establishes standards for additions to existing
residential structures.
[Added by Ord. #1557, § 9131.1; Ord. #1733, § 1]
The Limited Commercial Zone (C-L) is established to provide
for neighborhood, community, and regional retail business areas with
related uses.
[Added by Ord. #1557, § 9131.2; Ord. #1602, § 1
g; Ord. #1711, § 1; Ord. #1712,fj § 1; Ord. #1733,
§ 1; Ord. #1746, § 1; Ord. #1784; Ord. #1921,
§ 1; Ord. #2031, § 3; Ord. #2072, § 1;
Ord. #2101, § 7; Ord. #2155, § 3; Ord. #2282 § 11;
Ord. #2300 § 2]
a.
Principal Permitted Uses. The following uses and buildings, of less
than 50,000 square feet in size, shall be permitted in the Limited
Commercial Zone (C-L):
1.
Administrative and professional offices;
2.
Ambulance services (no more than four ambulances);
2A.
Amusement machines-accessory use (subject to approval
by the Architectural Review Board);
3.
Antique stores;
4.
Art galleries;
5.
Auto parking lots and structures;
6.
Auto supply stores (new and rebuilt, packaged auto supplies only);
7.
Bakeries (employing not more than five persons, excluding full-time
sales personnel);
8.
Banks and financial institutions;
9.
Barber shops;
10.
Beauty shops;
11.
Bicycle sales and repair;
12.
Blueprinting;
13.
Book stores;
14.
Bus stations (no storage or repair of buses);
15.
Cafeterias;
16.
Carpet sales;
17.
Carnivals, circuses and Christmas tree lots; temporary (subject to
approval by the Council);
18.
Child day-care centers;
19.
City parks, playgrounds, Police and Fire Stations;
20.
Civic clubs;
21.
Civic center buildings and uses;
22.
Cleaning and dyeing agencies (including retail cleaning and dyeing
using noninflammable, nonexplosive cleaning fluids);
23.
Cleaners, self-service;
24.
Clothing sales;
25.
Colleges, beauty, barber, and business;
26.
Confectionery stores;
26A.
Convenience stores;
27.
Curio shops;
28.
Department stores;
29.
Drapery sales;
30.
Dressmakers (custom, retail dress-making subject to the provisions
of the Division of Labor Standards);
31.
Drugstores;
32.
Dry good sales;
33.
Elementary junior high and high schools offering full curricula as
required by State laws;
34.
Electrical and electronic appliance sales and service and repair;
35.
Engravers, hand;
36.
Fireworks stands (subject to approval by the Council);
37.
Fix-it-shops;
38.
Florist shops;
39.
Food markets;
40.
Frozen food lockers;
41.
Furniture stores;
42.
Garden equipment sales, service, rental, and repair;
43.
Gift shops;
44.
Glass shops;
45.
Governmental offices;
46.
Gymnasiums (commercial);
47.
Hardware stores;
48.
Health centers;
49.
Hobby shops;
50.
Ice cream parlors;
51.
Ice sales and storage (no more than 10 ton capacity);
52.
Knit and yarn shops;
53.
Jewelry sales and repairs;
54.
Laundries, hand;
55.
Laundries, self-service;
56.
Leather products sales;
57.
Libraries;
58.
Locksmiths;
58A.
Major retail facilities (including the sale of alcoholic
beverages for consumption off the premises where such sales utilize
less than 10% of the sales floor area);
59.
Manicurists;
59A.
Massage establishments (the provisions of Section 9-15 of the Compton Municipal Code shall apply.);
60.
Mattress sales;
61.
Medical, dental and therapeutic clinics;
62.
Medical, dental and X-ray laboratories;
63.
Millinery shops;
64.
Mimeographing;
65.
Museums;
66.
Newsstands;
67.
Newspaper offices;
68.
Notions stores;
69.
Novelty stores;
70.
Nurseries, horticultural;
71.
Paint stores;
72.
Pet shops;
73.
Pharmacies;
74.
Photo equipment and supplies;
75.
Photoengraving;
76.
Photographers studios;
77.
Photostating;
78.
Plumbing fixture sales;
79.
Pottery fixture sales;
80.
Print and lithography shops (employing not more than five printers);
81.
Public utility substations;
82.
(Reserved)
83.
Realtors;
84.
Radio studios (fully soundproofed);
85.
Reducing salons;
86.
Restaurants;
87.
Restaurants, fast food;
88.
Schools (art, music, dancing, drama; driving, trade, vocational,
karate and other similar special-purpose schools);
89.
Secondhand stores;
90.
Sewing machine sales and service;
91.
Shoe sales and repair;
92.
Shoeshine stands;
93.
Sightseeing and limousine agencies (no storage or repair of vehicles);
95.
Stationery stores;
96.
Swimming pools (commercial);
97.
Tailors (custom, retail tailoring subject to the provisions of the
Division of Labor Standards);
98.
Taxidermists;
99.
Tearooms;
100.
Telephone and telegraph offices and exchanges;
101.
Tile sales;
102.
Tobacconists;
103.
Travel agencies;
104.
Water company wells, pumping plants, reservoirs and electrical
distribution stations;
105.
Uses and buildings customarily incidental to any use or building
set forth in this subsection; and
106.
Any use or building which the Commission finds, as evidenced
by resolution in writing, is similar to any of the uses or buildings
set forth in this subsection.
107.
Certified small recycling collection facilities maintained as an accessory to major retail facilities (the provisions of subsection 30-12.4i of this Chapter shall apply).
108.
Certified small used oil collection facilities maintained within a building as an accessory to gas stations, auto repair garages and auto parts stores (the provisions of subsection 30-12.4i of this Chapter shall apply).
109.
Temporary and accessory uses for a maximum of 12 days per calendar year (the provisions of Section 30-25 of this Chapter shall apply);
110.
Indoor marijuana cultivation is allowed consistent with State law which permits no more than six live marijuana plants to be planted, cultivated, harvested, dried, or processed within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured as long as the marijuana cultivation activities comply with the regulations set forth in paragraph c of subsection 9-24.4.
b.
Uses Permitted Subject to Conditional Use Permits. The following uses and buildings may be permitted in the Limited Commercial Zone (C-L) provided a conditional use permit has been obtained pursuant to the provisions of Section 30-26 of this Chapter.
[Amended 12-28-2021 by Ord. No. 2342]
1.
Advertising statuary;
2.
Alcoholic beverage sales for consumption on the premises that are accessory to a primary restaurant or entertainment use (the provisions of Section 30-51 of this Chapter shall apply);
4.
Amusement parks, fairgrounds, private clubs and privately owned recreation
centers, game rooms and domino parlors;
6.
Auctions (open air);
7.
Automobile repair garages (excluding body and fender work and painting);
8.
Automobile service stations (no more than two tow trucks);
9.
Automobile upholstery shops;
11.
Beer and wine sales for consumption off the premises that are accessory to a convenience or small grocery store use where such sales utilize less than 10% of the sales floor area (the provisions of Section 30-51 of this Chapter shall apply).
12.
Buildings in excess of 50,000 square feet in size;
13.
Bowling alleys;
14.
Charitable institutions and rescue missions;
15.
Children's homes, foster homes, fraternity and sorority houses, college
and military housing, orphans' homes, rooming houses, boarding houses
and residential care facilities;
16.
Furniture upholstery shops;
17.
Dance halls;
18.
Dog and cat hospitals, training schools and kennels;
19.
Firearm sales;
20.
Furniture upholstery shops;
21.
Ice and roller skating rinks;
22.
Jail farms;
23.
Live work units;
24.
Microwave stations and telecommunications antennas;
25.
Motels and hotels;
26.
Mortuaries;
27.
Multiple and single-family residences;
28.
New commercial strip centers;
29.
New establishments with drive-thru facilities;
30.
New take-out restaurants;
31.
Planned commercial, residential and condominium developments (the provisions of Section 30-18 of this Chapter shall apply);
32.
Pool halls;
33.
Race tracks;
34.
Radio and television transmission towers;
35.
Rifle and pistol ranges, shooting galleries, skeet and trap shooting
and archery ranges;
36.
Small collection facilities (the provisions of Subsection 30-12.4i of this Chapter shall apply);
37.
Swap meets, indoor swap meets, flea markets and similar multiple-vendor
sales;
38.
Trailer parks;
39.
Used automobile sales;
40.
Wedding chapels, banquet halls and live entertainment;
41.
Zoos and menageries; and
42.
Uses and buildings customarily incidental to any use or building
set forth in this subsection.
[Ord. #1733, § 1; Ord. #2282 § 12]
The following uses and buildings shall be prohibited in the
Limited Commercial Zone (C-L):
[Added by Ord. #1557, § 9131.3; Ord. #1733, § 1;
Ord. #1784; Ord. #1921, § 1; Ord. #1941, §§ 2,
3; Ord. #2025, § 1; Ord. #2101, § 7; Ord. #2155,
§ 3; Ord. #2300 § 6]
The following property development standards shall apply to
all land and buildings in the Limited Commercial Zone (C-L):
a.
Lot Area and Width. (For exceptions see subsection 30-20.2 of this Chapter). Each lot or parcel of land shall have a minimum area of 10,000 square feet and a minimum width of 70 feet.
b.
Dwelling Unit Density. The minimum lot area for each dwelling unit
shall be 1,500 square feet, except that for senior citizen units the
minimum lot area shall be 1,250 square feet.
c.
Dwelling Unit Area and Number of Bedrooms. Each dwelling unit shall
have a gross floor area of not less than 450 square feet for bachelor
units, 600 square feet for one bedroom units, 800 square feet for
two bedroom units and 1,000 square feet for units with more than two
bedrooms. Dwelling units shall not exceed 2,000 square feet.
e.
g.
Special Development Standards: Outside Storage and Display. All uses, storage, and display shall be located entirely within a building (for exceptions see subsection 30-20.6 of this Chapter.)
h.
(Reserved)
i.
All applications for the establishment of recycling facilities shall
be subject to the standards and criteria set forth in the City's policy
for the evaluation and approval of recycling facility sites.
j.
Special Development Standards: Tenant Mix Leasing Plan. A Tenant
Mix Leasing Plan shall be approved by the City prior to issuance of
building permits on existing structures reconfigured with three or
more commercial tenant spaces or the granting of any discretionary
permit approving any commercial or mixed-use project, including housing
and commercial or manufacturing uses, which contain three or more
commercial tenant spaces. The Tenant Mix Leasing Plan shall be reviewed
and approved by the Planning Director or his/her designee. When submitted
concurrently with an application for a discretionary permit, Planning
Commission shall approve the Plan.
[Added by Ord. #1157, § 9132.1]
The Commercial Manufacturing Zone (C-M) is established to provide
for highway-related commercial enterprises, wholesaling, warehousing,
and certain limited manufacturing operations.
[Added by Ord. #1557, § 9132.2; Ord. #1713, § 1;
Ord. #1733, § 1; Ord. #1746, § 1; Ord. #1784;
Ord. #1921, § 1; Ord. #2101, § 8; Ord. #2155,
§ 3; Ord. #2282 § 13; Ord. #2300 § 3]
a.
Principal Permitted Uses. The following uses and buildings, of less
than 50,000 square feet in size, shall be permitted in the Commercial
Manufacturing Zone (C-M):
[Amended 12-28-2021 by Ord. No. 2342]
1.
Any use permitted in the Limited Commercial Zone (C-L), except those
uses which require a conditional use permit;
2.
Auction houses;
3.
Automobile and bus sight-seeing agencies (no storage of vehicles);
4.
Automobile engine cleaning;
5.
Automobile detailing;
6.
Automobile repair garages (excluding body and fender work and painting);
7.
Automobile service stations (no more than two tow-trucks);
8.
Automobile upholstery shops;
9.
Building materials sales;
10.
Candy making;
11.
Catering establishments;
12.
Clothing and apparel manufacturing (excluding shoe manufacturing);
13.
Cold storage;
14.
Dairy products manufacturing;
15.
Egg candling;
16.
Electrical appliance assembly;
17.
Electronic instrument assembly;
18.
Engraving, mechanical;
19.
Film laboratories;
20.
Furniture upholstery shops;
21.
Monument and tombstone sales;
22.
Motorcycle sales and services;
23.
Paint mixing (no boiling);
24.
Potato chip manufacturing;
25.
Precision instrument assembly;
26.
Research and testing laboratories;
27.
Soft drink bottling;
28.
Spaghetti and macaroni manufacturing;
29.
Tamale and tortilla manufacturing;
30.
Taxicab companies (no more than four taxicabs);
31.
Warehouses;
32.
Wholesale businesses;
33.
Wrought iron sales and assembly; and
34.
Uses and buildings customarily incidental to any use or building
set forth in this subsection;
35.
Indoor marijuana cultivation is allowed consistent with State law which permits no more than six live marijuana plants to be planted, cultivated, harvested, dried, or processed within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured as long as the marijuana cultivation activities comply with the regulations set forth in paragraph c of Subsection 9-24.4.
b.
Uses Permitted Subject to Conditional Use Permits. The following uses and buildings may be permitted in the Commercial Manufacturing Zone (C-M) provided a conditional use permit has been obtained pursuant to the provisions of Section 30-26 of this Chapter.
1.
Advertising statuary;
2.
Alcoholic beverage sales for consumption on the premises that are accessory to a primary restaurant or entertainment use (the provisions of Section 30-51 of this Chapter shall apply);
4.
Amusement parks, fairgrounds, private clubs and privately owned recreation
centers, game rooms and domino parlors;
6.
Auctions (open air);
7.
Automobile body and fender shops;
8.
Automobile paint shops;
9.
Automobile sales and rental;
10.
Automobile tire sales and service;
12.
Beer and wine sales for consumption off the premises that are accessory to a primary convenience or small grocery store use where such sales utilize less than 10% of the sales floor area (the provisions of Section 30-51 of this Chapter shall apply);
13.
Buildings in excess of 50,000 square feet in size;
14.
Bowling alleys;
15.
Charitable institutions and rescue missions;
16.
Dance halls;
17.
Dog and cat hospitals, training schools and kennels;
18.
Firearm sales;
19.
Ice and roller skating rinks;
20.
Jail farms;
21.
Live work units;
22.
Microwave stations and telecommunications antennas;
23.
Motels and hotels;
24.
Mortuaries;
25.
New buildings, including additions and substantial modifications,
that are designed for occupancy by manufacturing uses on lots located
within 200 feet of a residentially zoned property within the City
of Compton;
26.
New commercial strip centers;
27.
New establishments with drive-thru facilities;
28.
New take-out restaurants;
30.
Pool halls;
31.
Race tracks;
32.
Radio and television transmission towers;
33.
Rifle and pistol ranges, shooting galleries, skeet and trap shooting
and archery ranges;
34.
Small collection facilities (the provisions of subsection 30-12.4i of this Chapter shall apply);
35.
Swap meets, indoor swap meets, flea markets and similar multiple-vendor
sales;
36.
Trailer parks;
37.
Wedding chapels, banquet halls and live entertainment;
38.
Zoos and menageries; and
39.
Uses and buildings customarily incidental to any use or building
set forth in this subsection.
[Added by Ord. #1557, § 9132.3; Ord. #1733, § 1;
Ord. #2101, § 8; Ord. #2282 § 14]
The following uses and buildings shall be prohibited in the
Commercial Manufacturing Zone (C-M):
a.
Residences, except that a watchman's or caretaker's residence no more than 600 square feet in size may be permitted if it is an accessory use to a principal permitted use or building and live-work units may be permitted in accordance with Section 30-26 of this Chapter.
b.
Pawn shops.
d.
Marijuana cultivation outdoors upon the grounds of a private residence.
[Added by Ord. #1557, § 9132.4; Ord. #1733, § 1;
Ord. #1941, §§ 4, 5; Ord. #2025, § 1; Ord.
#2102, § 8; Ord. #2155, § 3]
The following property development standards shall apply to
all land and buildings in the Commercial Manufacturing Zone (C-M):
a.
Lot Area and Width. (For exceptions see subsection 30-20.2). Each lot or parcel of land shall have a minimum area of 10,000 square feet and a minimum width of 70 feet.
b.
Lot Coverage and Building Height. (For exceptions see subsection 30-20.4 of this Chapter) as follows:
c.
Yards. (For exceptions, see subsection 30-20.3 of this Chapter).
1.
Front Yards. There shall be a front yard of not less than 10 feet.
2.
Side Yards. No side yard shall be required, except where a side lot
line abuts a street and/or residential zone there shall be a side
yard of not less than 10 feet.
3.
Rear Yards. No rear yard shall be required, except where a rear lot
line abuts a street and/or residential zone there shall be a rear
yard of not less than 10 feet.
e.
Special Development Standards: Outside Storage and Display.
1.
All uses, storage, and display shall be located entirely within a
building (for exceptions see subsection 30-26.6 of this Chapter).
f.
Special Development Standards: Tenant Mix Leasing Plan. A Tenant
Mix Leasing Plan shall be approved by the City prior to issuance of
building permits on existing structures reconfigured with three or
more commercial tenant spaces or the granting of any discretionary
permit approving any commercial or mixed-use project, including housing
and commercial or manufacturing uses, which contain three or more
commercial tenant spaces. The Tenant Mix Leasing Plan shall be reviewed
and approved by the Planning Director or his/her designee. When submitted
concurrently with an application for a discretionary permit, Planning
Commission shall approve the Plan.
[Added by Ord. #1557, § 9140.1]
The Limited Manufacturing Zone (M-L) is established to provide
for light industrial uses.
[Added by Ord. #1557, Ord. #1698, § 1; Code § 9140.2;
Ord. #1713, § 1; Ord. #1717, § 1; Ord. #1733,
§ 1; Ord. #1746, § 1; Ord. #1784; Ord. #1921,
§ 1; Ord. #2101, § 9; Ord. #2155, § 3;
Ord. #2282 § 15; Ord. #2300 § 4]
a.
Principal Permitted Uses. The following uses and buildings of less than 50,000 square feet in size shall be permitted in the Limited Manufacturing Zone (M-L); provided, however, nothing in this subsection is intended to permit any use or process set forth in paragraph b of subsection 30-15.2.
1.
Any use permitted in the Limited Commercial Manufacturing Zone (C-M),
except those uses which require a conditional use permit;
2.
Manufacturing of the following:
Aircraft parts;
Appliances;
Automobile and automobile trailer sales and services;
Automobile parts;
Automobile tire sales and service;
Awnings;
Batteries, including rebuilding;
Boat and other marine sales;
Boat repair;
Boats;
Bone and horn products;
Brushes;
Building, electrical, plumbing and roofing equipment sales and
rental agencies;
Burial vaults and coffins;
Cans;
Candles;
Carpets;
Ceramic products;
Cigarettes and cigars;
Clocks and watches;
Cork products;
Cosmetics, perfumes, and toiletries;
Dextrine;
Drugs and pharmaceuticals;
Electrical and electronic instruments and equipment;
Electrical motors and generators;
Feather products;
Feed stores;
Felt;
Fiber and fiber products;
Fiberglass products;
Flagstone sales;
Food products, excepting pickles, sausages, sauerkraut, and
vinegar;
Furniture;
Fur products;
Golf balls;
Grinding wheels;
Gypsum products;
Hair products;
Heating equipment;
Hemp and rope;
Ink;
Jewelry;
Leather products;
Machinery;
Margarine;
Metal products;
Metal stamps;
Musical instruments;
Paint, lacquer, shellac, and varnish;
Paper products;
Phonograph records;
Plastic products;
Polish;
Putty;
Rubber products;
Sandpaper and emery cloth;
Shoes;
Signs;
Soap (cold mix);
Soft drinks;
Stencils;
Textiles;
Tools;
Tow trucks (no storage of inoperable vehicles);
Toys;
Trailers and campers;
Turpentine and linseed oil;
Vegetable oil;
Wallboard;
Window shades and Venetian blinds;
Wire;
Wood products;
Woolen goods; and
Yeast;
3.
Storage of the following materials, subject to the provisions of paragraph e of subsection 30-14.4:
Automobiles (in operating condition);
Barrels;
Building materials (excluding rock, gravel, and sand storage
in excess of 2,000 tons);
Equipment;
Feed;
Grain;
Lumber;
Metal;
Oxygen and other gases (in Interstate Commerce Commission approved
cylinders);
Pipe;
Wood;
4.
Automobile body and fender shops;
5.
Automobile paint shops;
6.
Blacksmiths;
7.
Book binderies;
8.
Bottling plants;
9.
Butane service stations;
10.
Cabinet and carpentry shops;
11.
Canneries (excluding meat and fish);
12.
Carpet cleaning;
13.
Cleaning and dyeing plants;
14.
(Reserved)
15.
Die casting;
16.
Electric transmission substations;
17.
Field crops, orchards, and similar agricultural uses;
18.
Flour mills;
19.
Foundries (nonferrous metals);
20.
(Reserved)
21.
Fruit and vegetable packing plants;
22.
Fuel yards;
23.
Ice plants;
24.
Knitting mills;
25.
Laundries;
26.
Lumber planing;
27.
Machine shops;
28.
(Reserved)
29.
Metal spinning;
30.
Military supply depots;
31.
Motion picture lots;
32.
Newspaper printing plants;
33.
Paint spray booths;
34.
Pest control operators;
35.
Pipe fabrication;
36.
Public utility service yards;
37.
Saw works;
38.
Sheet metal shops;
39.
Starch bottling and mixing;
40.
Stone grinding and cutting;
41.
Tire retreading and recapping;
42.
(Reserved)
43.
(Reserved)
44.
Welding shops;
45.
Wineries;
46.
Uses and buildings customarily incidental to any use or building
set forth in this subsection; and
47.
Any use or building which the Commission finds, as evidenced by resolution
in writing, is similar to any of the uses or buildings set forth in
this subsection.
48.
Indoor marijuana cultivation is allowed consistent with State law which permits no more than six live marijuana plants to be planted, cultivated, harvested, dried, or processed within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured as long as the marijuana cultivation activities comply with the regulations set forth in paragraph c of subsection 9-24.4.
b.
Uses Permitted Subject to Conditional Use Permits. The following uses and buildings may be permitted in the Limited Manufacturing Zone (M-L) provided a conditional use permit has been obtained pursuant to the provisions of Section 30-26 of this Chapter.
[Amended 12-28-2021 by Ord. No. 2342]
1.
Advertising statuary;
2.
Alcoholic beverage sales for consumption on the premises that are accessory to a primary restaurant or entertainment use (the provisions of Section 30-51 of this Chapter shall apply);
4.
Amusement parks, fairgrounds, private clubs and privately owned recreation
centers, game rooms and domino parlors;
6.
Auctions (open air);
8.
Beer and wine sales for consumption off the premises that are accessory to a primary convenience or small grocery store use where such sales utilize less than 10% of the sales floor area (the provisions of Section 30-51 of this Chapter shall apply);
9.
Bowling alleys;
10.
Buildings in excess of 50,000 square feet in size;
11.
Car washes;
12.
Charitable institutions and rescue missions;
13.
Contractor's equipment storage yards;
14.
Dance halls;
15.
Dog and cat hospitals, training schools and kennels;
16.
Firearm sales;
17.
Freight terminals and transportation yards;
18.
Ice and roller skating rinks;
19.
Jail farms;
20.
Live work units;
21.
Metal plating;
22.
Microwave stations and telecommunications antennas;
23.
Motels and hotels;
24.
Mortuaries;
25.
New buildings, including additions and substantial modifications,
that are designed for occupancy by manufacturing uses on lots located
within 200 feet of a residentially zoned property within the City
of Compton;
26.
New commercial strip centers;
27.
New establishments with drive-thru facilities;
28.
New take-out restaurants;
30.
Paper recycling;
31.
Personal storage facilities;
32.
Planned commercial and industrial developments (the provisions of Section 30-18 of this Chapter shall apply);
33.
Pool halls;
34.
Public works yards;
35.
Race trucks;
36.
Radio and television transmission towers;
37.
Rifle and pistol ranges, shooting galleries, skeet and trap shooting
and archery ranges;
38.
Small collection facilities (the provisions of Subsection 30-12.4i of this Chapter shall apply);
39.
Swap meets, indoor swap meets, flea markets and similar multiple-vendor
sales;
40.
Recycling, collection and processing facilities (the provisions of Subsection 30-12.4i of this Chapter shall apply);
41.
Truck, bus and recreational vehicle sales and service;
42.
Trailer parks;
43.
Wedding chapels, banquet halls and live entertainment;
44.
Worm farms;
45.
Zoos and menageries; and
46.
Uses and buildings customarily incidental to any use or building
set forth in this subsection.
[Added by Ord. #1557, § 9140.3; Ord. #1733, § 1;
Ord. #1784; Ord. #2101, § 9; Ord. #2282 § 16]
The following uses and buildings shall be prohibited in the
Limited Manufacturing Zone (M-L):
a.
Residences, except that a watchman's or caretaker's residence no more than 600 square feet in size may be permitted if it is an accessory use to a principal permitted use or building and live-work units may be permitted in accordance with Section 30-26 of this Chapter.
b.
(Reserved)
d.
Pawn shops.
f.
Marijuana cultivation outdoors upon the grounds of a private residence.
[Added by Ord. #1557, § 9140.4; Ord. #1733, § 1;
Ord. #1784; Ord. #1941, §§ 6, 7: Ord. #2025, § 1;
Ord. #2101, § 9; Ord. #2155, § 3]
The following property development standards shall apply to
all land and buildings in the Limited Manufacturing Zone (M-L):
a.
Lot Area and Width. (For exceptions, see subsection 30-20.2). Each lot or parcel of land shall have a minimum area of 20,000 square feet and a minimum width of 100 feet.
c.
Yards. (For exceptions, see subsection 30-20.3 of this Chapter).
1.
Front Yards. There shall be a front yard of not less than 20 feet.
2.
Side Yards. No side yard shall be required, except where a side lot
line abuts a street and/or a residential zone there shall be a side
yard of not less than 20 feet.
3.
Rear Yards. No rear yard shall be required, except where a rear lot
line abuts a street and/or residential zone there shall be a rear
yard of not less than 20 feet.
4.
Within 100 feet of a residential zone all uses must be conducted
entirely within a building, except for customer and employee parking
and loading and unloading facilities approved by the Architectural
Review Board.
e.
Special Development Standards: Outside Storage and Display. The outside storage or display of merchandise, materials, or equipment in conjunction with a principal permitted use shall be permitted subject to the provisions of Section 30-26 of this Chapter.
f.
Special Development Standards: Tenant Mix Leasing Plan. A Tenant
Mix Leasing Plan shall be approved by the City prior to issuance of
building permits on existing structures reconfigured with three or
more commercial tenant spaces or the granting of any discretionary
permit approving any commercial or mixed-use project, including housing
and commercial or manufacturing uses, which contain three or more
commercial tenant spaces. The Tenant Mix Leasing Plan shall be reviewed
and approved by the Planning Director or his/her designee. When submitted
concurrently with an application for a discretionary permit, Planning
Commission shall approve the Plan.
[Added by Ord. #1557, § 9141.1]
The Heavy Manufacturing Zone (M-H) is established to provide
for general industrial development while controlling those uses which
might be obnoxious, offensive, or dangerous.
[Added by Ord. #1557, § 9141.2; Ord. #1698, § 1;
Ord. #1713, § 1; Ord. #1717, § 1; Ord. #1733,
§ 1; Ord. #1746, § 1; Ord. #1784; Ord. #1828,
§ 1; Ord. #1921, § 1; Ord. #2101, § 10;
Ord. #2155, § 3; Ord. #2282 §§ 17; Ord. #2300
§ 5]
a.
Principal Permitted Uses. The following uses and buildings of less
than 50,000 square feet in size shall be permitted in the Heavy Manufacturing
Zone (M-H):
1.
Any use permitted in the Limited Commercial (C-L), Commercial Manufacturing
(C-M) or Limited Manufacturing Zone (M-L), except those uses which
require a conditional use permit.
2.
Indoor marijuana cultivation is allowed consistent with State law which permits no more than six live marijuana plants to be planted, cultivated, harvested, dried, or processed within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured as long as the marijuana cultivation activities comply with the regulations set forth in paragraph c of subsection 9-24.4.
b.
Uses Permitted Subject to Conditional Use Permits. The following uses may be permitted in the Heavy Manufacturing Zone (M-H) provided a conditional use permit has been obtained pursuant to the provisions of Section 30-26 of this Chapter:
1.
Any use permitted by conditional use permit in the Commercial Manufacturing
(C-M) or Limited Manufacturing (M-L) Zones.
1A.
Manufacturing of the following:
Abrasives;
Bleaching powder;
By-products of animals, meat and fish;
Cellulose;
Celluloid;
Cement;
Charcoal;
Cleaning compound;
Concrete batching plants (processing and storage of concrete
components);
Gelatine;
Glue;
Lampblack;
Lard;
Lime;
Mucilage;
Plaster of paris;
Plastics;
Rubber, including reclaiming;
Size;
Tallow; and
Tar and tar products;
2.
Manufacturing and storage of the following:
Acid;
Agar;
Alcohol;
Ammonia;
Ammunition;
Caustic soda;
Creosote;
Explosives;
Fertilizer;
Fireworks;
Gases;
Insecticides;
Lye;
Matches;
Phenol;
Potash;
Soda;
Sodium compound; and
Sulphur;
3.
Advertising statuary;
4.
Animal dumping and reduction;
5.
Asphalt plants;
6A.
Beer and wine sales for consumption off the premises that are accessory to a primary convenience or small grocery store use where such sales utilize less than 10% of the sales floor area (the provisions of Section 30-51 of this Chapter shall apply);
7.
(Reserved)
8.
Bone distillation;
8A.
Bus storage yards;
9.
Canning and processing of meat and fish;
10.
Chamois skin processing;
11.
Clay processing;
12.
Coke ovens;
13.
Fat rendering;
14.
Feed mills;
14A.
Freight terminals;
15.
House moving and wrecking yards;
16.
(Reserved)
17.
Meat packing;
18.
Metal works of the following kinds:
Blast furnaces;
Boiler works;
Drop forges;
Drop hammers;
Forging works;
Foundries (ferrous metals);
Pneumatic presses;
Smelters; and
Steel mills;
19.
New commercial strip centers;
20.
New establishments with drive-thru facilities;
21.
Take-out restaurants;
22.
Ore reduction plants;
23.
Petroleum and petroleum products refining, processing, and reclaiming
and storage;
25.
Private clubs;
26.
Recycling of paper (when a plan for its storage and maintenance has
been approved by the Fire Department);
27.
Rock crushing plants;
28.
Rock, gravel, and sand storage in excess of 2,000 tons;
29.
Sandblasting plants;
30.
Sanitary landfills;
31.
Slaughterhouses;
32.
Solid waste transfer stations;
33.
Solvent extracting;
34.
Stockyards;
35.
Tanneries;
36.
Transportation yards;
37.
Truck and bus repair (including body and fender works and spray painting);
38.
Truck repair;
39.
Waste disposal facilities;
40.
Worm farms; and
41.
Recycling of paper (when conducted entirely within a building).
42.
Alcoholic beverage sales for consumption on the premises that are accessory to a primary restaurant or entertainment use (the provisions of Section 30-51 of this Chapter shall apply);
43.
Public works yards.
[Added by Ord. #1557, § 9141.3; Ord. #1733, § 1;
Ord. #1784; Ord. #2101, § 10; Ord. #2282 § 18]
The following uses and buildings shall be prohibited in the
Heavy Manufacturing Zone (M-H):
a.
Residences, except that a watchman's or caretaker's residence no more than 600 square feet in size may be permitted if it is an accessory use to a principal permitted use or building and live-work units may be permitted in accordance with Section 30-26 of this Chapter.
b.
Automobile dismantling yards, wrecking yards, junk and salvage yards, impound yards and pallet yards; provided, however, any such uses lawfully commenced and still in existence on May 4, 1978, may lawfully continue and be expanded if the property upon which such use is conducted is improved in accordance with the provisions of subsection 30-20.6 of this Chapter. The expansion of any existing automobile dismantling yard, wrecking yard, junk and salvage yard, impound yard or pallet yard shall require a conditional use permit in accordance with Section 30-26 of this Chapter.
c.
Pawn shops.
e.
Marijuana cultivation outdoors upon the grounds of a private residence.
[Added by Ord. #1557, § 9141.4; Ord. #1733, § 1;
Ord. #1784; Ord. #1941, §§ 8, 9; Ord. #2025, § 1;
Ord. #2101, § 10; Ord. #2155, § 3]
The following property development standards shall apply to
all land and buildings in the Heavy Manufacturing Zone (M-H):
a.
Lot Area and Width. (For exceptions, see subsection 30-20.2 of this Chapter). Each lot or parcel of land shall have a minimum area of 20,000 square feet and a minimum width of 100 feet.
c.
Yards. (For exceptions, see subsection 30-20.3 of this Chapter).
1.
Front Yards. There shall be a front yard of not less than 20 feet.
2.
Side Yards. No side yard shall be required, except where a side lot
line abuts a street and/or residential zone there shall be a side
yard of not less than 20 feet.
3.
Rear Yards. No rear yard shall be required, except where a rear lot
line abuts a street and/or residential zone there shall be a rear
yard of not less than 20 feet.
4.
Within 100 feet of a residential zone all uses must be conducted
entirely within a building, except for customer and employee parking
and loading and unloading facilities approved by the Architectural
Review Board.
e.
Special Development Standards: Outside Storage and Display. The outside storage or display of merchandise, materials or equipment in conjunction with a principal permitted use shall be permitted subject to the provisions of subsection 30-20.6 of this Chapter.
f.
Special Development Standards: Tenant Mix Leasing Plan. A Tenant
Mix Leasing Plan shall be approved by the City prior to issuance of
building permits on existing structures reconfigured with three or
more commercial tenant spaces or the granting of any discretionary
permit approving any commercial or mixed-use project, including housing
and commercial or manufacturing uses, which contain three or more
commercial tenant spaces. The Tenant Mix Leasing Plan shall be reviewed
and approved by the Planning Director or his/her designee. When submitted
concurrently with an application for a discretionary permit, Planning
Commission shall approve the Plan.
[Added by Ord. #1557, § 9150.1]
The Buffer Zone (B) is established to provide physical separation
between conflicting land uses.
[Added by Ord. #1557, § 9150.2; Ord. #2101, § 11;
Ord. #2282 § 19]
a.
Principal Permitted Uses. The following uses shall be permitted in
the Buffer Zone (B):
1.
Employee recreation;
2.
Fences, walls, or hedges not to exceed a height above the ground
level of six feet, unless approved by the Architectural Review Board;
3.
Landscaping;
4.
Motor vehicle parking; and
5.
Railroad tracks and railroad spur tracks.
6.
Indoor marijuana cultivation is allowed consistent with State law which permits no more than six live marijuana plants to be planted, cultivated, harvested, dried, or processed within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured as long as the marijuana cultivation activities comply with the regulations set forth in paragraph c of subsection 9-24.4.
[Added by Ord. #1557, § 9150.3; Ord. #2282 § 20]
The following uses and buildings shall be prohibited in the
Buffer Zone (B):
[Added by Ord. #1557, § 9151.1]
The Automobile Parking Zone (P) is established to provide for
off-street parking for residential, commercial, industrial, public,
and other uses in the City.
[Added by Ord. #1557, § 9151.2]
Land classified in the Automobile Parking Zones (P) may also
be combined with residential zones, and, if so classified, shall be
shown as PR-A, R-L, PR-M, or PR-H on the Official Zoning Map.
[Added by Ord. #1557, § 9151.3]
a.
Principal Permitted Uses. The following uses and buildings shall
be permitted in the Automobile Parking Zone (P):
1.
Any use permitted in the residential zone with which the Automobile
Parking Zone (P) may also be classified;
2.
Open air, temporary parking of transient automobiles, light trucks,
and other motor vehicles for periods of time not to exceed 48 hours;
3.
Uses and buildings customarily incidental to any use or building
set forth in this subsection; and
4.
Any use or building which the Commission finds, as evidenced by resolution
in writing, similar to any of the uses or buildings set forth in this
subsection.
b.
Uses Permitted Subject to Conditional Use Permits. The following uses may be permitted in the Automobile Parking Zone (P) provided a conditional use permit has been obtained pursuant to the provisions of Section 30-26:
1.
Parking structures, designed and used for the temporary parking of
transient automobiles, light trucks, and other motor vehicles for
a period of time not to exceed 48 hours.
[Added by Ord. #1557, § 9151.4; Ord. #2025, § 1;
Ord. #2101, § 12]
The following property development standards shall apply to
all land and buildings in the Automobile Parking Zone (P); provided,
however, the uses permitted in the residential zone with which the
Automobile Parking Zone (P) may be combined shall comply with all
the provisions of that residential zone:
[Added by Ord. #1602, § 9152.1; Ord. #2101, § 13]
This zone is established to provide greater land use control
than is provided by the base zone for certain areas and/or uses with
unusual development problems or opportunities where the public good
could better be served by individualized land use regulations.
[Added by Ord. #1557, § 9152.2; Ord. #1602, § 2]
Land classified in the Planned Development Zone may be combined
with any zone in which planned developments are permitted by conditional
use permit and if so classified shall be shown by the addition of
the letter "D" after the letter designation of the base zone on the
Official Zoning Map of the City.
[Added by Ord. #1557, § 9152.3; Ord. #1602, § 2;
Ord. #2101, § 13; Ord. #2282 §§ 21, 22, 23]
The following uses are permitted in the Planned Development
Zone:
a.
Planned Residential Development. This designation shall apply to
single-family residential developments with unusual design characteristics
(such as private streets or smaller than standard homesites), development
problems (such as individually owned rowhouses), or common area, as
determined by the Planning Director.
1.
A planned residential development shall be permitted in any residential zone and the Limited Commercial (C-L) zone provided that a conditional use permit has been obtained pursuant to the provisions of Section 30-26.
2.
Any noncommercial use permitted in the zone in which the planned
residential development is located may be permitted in the planned
residential development as a condition of approval.
3.
Community facilities which are for the primary use of the residents
of the planned residential development are permitted.
4.
Indoor marijuana cultivation is allowed consistent with State law which permits no more than six live marijuana plants to be planted, cultivated, harvested, dried, or processed within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured as long as the marijuana cultivation activities comply with the regulations set forth in paragraph c of subsection 9-24.4.
b.
Planned Condominium Development. This designation shall apply to
residential condominiums, townhouses, cooperative apartments, stock
cooperatives and similar developments as determined by the Site Plan
Review Committee.
1.
A planned condominium development shall be permitted in R-M (Medium-Density Residential), R-H (High-Density Residential), C-O (Commercial Office) and C-L (Limited Commercial) zones provided that a conditional use permit has been obtained pursuant to the provisions of Section 30-26.
2.
Any noncommercial use permitted in the zone in which the planned
condominium development is located may be permitted in the planned
condominium development as a condition of approval.
3.
Community facilities which are for the primary use of the residents
of the planned condominium development are permitted.
4.
Commercial uses which are for the primary use and convenience of
residents of the planned condominium development may be permitted
by the Commission as part of the conditional use permit for the planned
condominium development.
5.
Indoor marijuana cultivation is allowed consistent with State law which permits no more than six live marijuana plants to be planted, cultivated, harvested, dried, or processed within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured as long as the marijuana cultivation activities comply with the regulations set forth in paragraph c of subsection 9-24.4.
c.
Planned Commercial and Planned Industrial Developments.
1.
A planned commercial development shall be permitted in any commercial or manufacturing zone provided that a conditional use permit has been obtained pursuant to the provisions of Section 30-26.
2.
A planned industrial development shall be permitted in any manufacturing zone provided that a conditional use permit has been obtained pursuant to the provisions of Section 30-26.
3.
Any use permitted in the zone in which the planned commercial or
planned industrial development is located may be permitted in the
planned commercial or planned industrial development as a condition
of approval.
4.
Community facilities which are for the primary use of the occupants
of the planned commercial or planned industrial development are permitted.
5.
Indoor marijuana cultivation is allowed consistent with State law which permits no more than six live marijuana plants to be planted, cultivated, harvested, dried, or processed within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured as long as the marijuana cultivation activities comply with the regulations set forth in paragraph c of subsection 9-24.4.
[Added by Ord. #1602, § 9152.4; Ord. #2101, § 13;
Ord. #2136, § 1; Ord. #2155, § 4]
Any planned development project developed pursuant to this section
shall comply with the following regulations, and any permit issued
shall be subject to such provisions as are established as conditions
of approval:
a.
Area of Project. Planned development projects shall have a total
area of not less than the following:
b.
Property Development Standards. The property development standards
of the base zone shall apply, except as provided in this paragraph
b.
1.
Lot Area, Width and Depth. The area, width and depth of individually
and commonly owned parcels of land within the planned development
shall be established as a condition of approval.
2.
Dwelling Unit Density. The dwelling unit density, if applicable,
shall not exceed 120% of the number of units determined by dividing
the total net area of the planned development project by the minimum
lot area per dwelling unit requirement of the base zone.
3.
Yards. Front, side and rear yards shall be established as a condition
of approval.
5.
Parking.
(a)
The number of required parking spaces for planned residential, planned commercial and planned industrial developments shall conform to the provisions of Section 30-21 unless otherwise specified by the Commission as a condition of approval.
(b)
The number of required parking spaces for planned condominium
developments shall be:
(1)
Two parking spaces, enclosed in a garage, to be assigned to
each residential unit within the project.
(2)
One parking space to be provided for the use of visitors to
the project for each four residential units within the project.
(3)
Recreational vehicle parking shall be prohibited within planned
condominium developments except when a separate, fenced and paved
recreational vehicle storage area is provided with a direct access
from an exterior street, for exclusive use of the residents, if approved
by the Commission.
(c)
The location, arrangement and size of parking spaces shall be
established as a condition of approval.
6.
Site Amenities.
(a)
All residential developments of 12 units or more shall provide
a meeting room in addition to required common open space and private
open space. Depending upon the number of units proposed, additional
site amenities shall be required, selected from the list provided
or as approved by the Planning Commission:
(d)
Fifty-five to 75 units, add four additional amenities:
(1)
Tot lot with multiple play equipment.
(2)
Pool and Jacuzzi/spa.
(3)
Barbeque facility equipped with grill, picnic benches, etc.
(4)
Court facilities (e.g. tennis, volleyball, basketball, etc.).
(5)
Exercise room.
(6)
Clubhouse equipped with kitchen, defined areas for games, exercise,
recreation, and entertainment.
(e)
Developments of more than 75 units shall provide five additional
amenities as well include multiples dispersed throughout the project:
(1)
Tot lot with multiple play equipment.
(2)
Pool and Jacuzzi/spa.
(3)
Barbeque facility equipped with grill, picnic benches, etc.
(4)
Court facilities (e.g. tennis, volleyball, basketball, etc.).
(5)
Exercise equipment room.
(6)
Clubhouse equipped with kitchen, defined areas for games, exercise,
recreation, and entertainment.
(7)
Jogging/walking trails with exercise stations.
(8)
Community garden.
(9)
Media/computer room.
c.
Commercial and Community Facilities. The Commission shall approve
all aspects of the development of commercial and community facilities,
including but not limited to individual uses, location, signs and
parking. Any subsequent change in the type of commercial uses in a
planned condominium development shall be approved by the Commission.
d.
Open Space.
1.
The Commission shall review and approve the location, purpose, landscape
treatment and method of maintaining each common open space or recreational
element proposed.
2.
A minimum of 25%, exclusive of roadways and private open space, of
planned condominium developments of less than three stories shall
be devoted to open and recreational common area. Open space requirements
for planned condominium developments of three or more stories shall
be determined by the Commission.
3.
Private Open Space. Each unit in a planned condominium development
shall have an appurtenant private patio, deck, balcony, atrium or
solarium with a minimum usable area of 120 square feet, except as
follows:
(a)
Developments which contain one bedroom and zero bedroom units
designed exclusively for senior citizens may request that the private
open space standard be modified or waived by the Commission.
(b)
Planned condominium developments of three or more stories may
propose alternative private open space if indicated by the physical
structure of the development. Alternative private open space must
be approved by the Site Plan Review Committee and the Commission.
(c)
The usability of proposed private open space shall be determined
by the Site Plan Review Committee.
4.
Private Storage Space. Each unit within a planned condominium development
shall have at least 200 cubic feet of usable, enclosed, weatherproofed
and lockable storage space for the exclusive use of the unit owner.
Such space must be over and above normal interior storage space such
as guest, linen or clothes closets or food pantries. The location,
dimensions and usability of such space shall be determined by the
Site Plan Review Committee except that private storage space shall
not be divided between two or more locations. If such space is located
within a common area within the project, the property owner's association
shall be responsible for the care and maintenance of the exterior
surface of the space.
e.
Utilities.
1.
The Commission may require that some or all utilities be placed underground.
Such service shall be provided pursuant to the utilities' applicable
rules and regulations on file with the California Public Utilities
Commission.
2.
Each unit within a Planned Condominium Development shall have all
utility services connected to the unit and individually metered so
that the metering will separately measure utility service usage. In
the case of water meters this requirement may be waived by the Site
Review Committee.
3.
Each unit within a planned condominium development shall have its
own circuit breaker panel for all electrical circuits and outlets
which serve the unit. Such panel shall be readily accessible to the
unit.
4.
A program for ongoing rubbish collection which includes provisions
for the location of rubbish receptacles shall be submitted to and
approved by the Site Plan Review Committee for planned condominium
developments. Provisions for rubbish collection and for the payment
of fees for same shall be included in the conditions, covenants and
restrictions affecting each planned condominium development.
f.
Isolation of Vibration and Sources of Structure-Borne Noise in Planned
Condominium Developments Where Units Have Common Wall and/or Floor
and Ceiling.
1.
Shock Mounting of Mechanical Equipment. All permanent mechanical
equipment such as motors, compressors, pumps and compactors which,
because of their rotation, reciprocation, expansion and/or contraction,
turbulence, oscillation, pulsation, impaction or detonation, are determined
by the Chief Building Inspector to be a source of structural vibration
or structure-borne noise shall be shock mounted with inertia blocks
or bases and/or bases and/or vibration isolators in a manner approved
by the Chief Building Inspector. Domestic appliances which are cabinet
installed or built into the individual units, such as clothes washers
and dryers, or other appliances which are determined by the Chief
Building Inspector to be a source of structural vibration or structural-borne
noise, shall be isolated from cabinets and floor or ceiling by resilient
gaskets and vibration mounts approved by the Chief Building Inspector.
The cabinets in which they are installed should be offset from the
back wall with strip gasketing of felt, cork or similar material approved
by the Chief Building Inspector. Where such appliances utilize water,
flexible connectors shall be installed on all waterlines. If provision
is made within the units for the installation of nonpermanent appliances
such as clothes washers and dryers, then permanent rubber mounting
bases and surface plates shall be installed in a manner approved by
the Chief Building Inspector.
2.
Location of Plumbing Fixtures. No plumbing fixture shall be located
on a common wall between two separate units where it would back up
to a living room, family room, dining room, den or bedroom of an adjoining
unit.
3.
Separation of Vents and Lines. No common water supply lines, vents
or drain lines shall be permitted for contiguous units unless there
is at least 8 1/2 feet of pipe between the closest plumbing fixtures
within the separate units. The Chief Building Inspector may approve
other methods of isolating sound transmission through plumbing lines
where their effectiveness can be demonstrated.
4.
Isolation and Insulation of Lines. All water supply lines within
the project shall be isolated from wood or metal framing with pipe
isolators specifically manufactured for that purpose and approved
by the Chief Building Inspector. In multistory condominium projects,
all vertical drainage pipe shall be surrounded by 3/4 inch thick dense
insulation board or full thick fiberglass or wool blanket insulation
for its entire length, including the sections that pass through wood
or metal framing.
g.
Attenuation of Noise: Planned Condominium Developments.
1.
General. Wall and floor/ceiling assemblies separating units from
each other or from public or quasi-public spaces such as interior
corridors, laundry rooms, recreation rooms and garages shall provide
airborne sound insulation for walls and both airborne and impact sound
insulation for floor/ceiling assemblies.
2.
Air-borne Sound Insulation. All wall assemblies enumerated or alluded
to in paragraph 1 shall be a type of construction that has a minimum
rating of 50 STC (Sound Transmission Class). Wood floor joists and
subflooring shall not be continuous between separate condominium units.
Penetrations or openings in the construction for piping, electrical
outlets and devices, recess cabinets, bathtubs, soffits and heating,
ventilating and/or air conditioning intake and exhaust ducts and the
like shall be sealed, lined, insulated or otherwise treated to maintain
the required rating; and such treatment shall be approved by the Chief
Building Inspector. Entrance doors to the unit shall be of solid construction
and, together with perimeter seals, shall have a minimum rating of
30 STC. Such perimeter seals shall be maintained in effective operating
condition.
3.
Impact Sound Insulation. All separating floor/ceiling assemblies
enumerated or alluded to above shall be of a type of construction
that has a minimum rating of 69 IIC (Impact Insulation Class). Floor
coverings may be included in the assembly to obtain the required ratings
but must be retained as a permanent part of the assembly and may only
be replaced by another floor covering that provides the same or greater
impact insulation.
4.
Verification of Sound Class. STC and IIC ratings shall be based on
the results of laboratory measurements and will not be subjected to
field testing. The STC rating shall be based on the American Society
for Testing and Materials system specified in ASTM B90-66t or equivalent.
The IIC rating shall be based on the system in use at the National
Bureau of Standards or equivalent. Ratings obtained from other testing
procedures will require adjustment to the above rating systems.
h.
Conversion to Ownership: Planned Condominium Developments. Planned
condominium developments in which existing structures are converted
to ownership units must obtain:
1.
A structural pest report from a qualified private contractor approved
by the Chief Building Inspector.
2.
A project building report conducted by the Department of Building and Safety or a qualified private contractor approved by the Chief Building Inspector. This report shall include an inspection of the condition of roofs, foundations, mechanical, electrical and plumbing systems as well as verifying compliance with subsection 30-18.4e through g.
3.
The developer shall tender an unconditional offer to pay each tenant
requiring relocation $500 in relocation compensation.
i.
Financial Responsibility: Planned Condominium Developments.
1.
Any fees incurred for inspections or corrections required by this subsection 30-18.4 are the responsibility of the applicant and/or subsequent developer.
2.
A surety bond shall be posted with the City by the applicant and/or
subsequent developer of a planned condominium development for the
purpose of assurance of maintenance of utilities, fire equipment,
roadways and other portions of the development which impact on the
public health, safety and welfare. The amount of the surety bond shall
be determined by the Commission, but shall not be less than $5,000.
In lieu of a surety bond, the applicant may deposit a cash bond in
the amount determined as above. The bond shall be maintained for the
life of the planned condominium development. The cost of the bond
shall be the responsibility of the applicant and/or subsequent developer
until 75% of all units have been transferred to private ownership,
at which point the property owner's association shall become responsible
for maintenance of said bond. Should the Commission determine that
a default has occurred in the performance of adequate maintenance
of the planned condominium development, the Commission shall instruct
the Chief Building Inspector to notify (in writing) the property owner's
association and the surety on the bond of the maintenance violations.
Such notice shall state the work to be done, the estimated cost thereof
and the period of time allocated for completion of such work. After
receipt of such notice the property owner's association and/or surety
must, within the time therein specified, either cause the required
work to be performed or, failing therein, pay to the Department of
Building and Safety the estimated cost of doing the work, plus an
additional sum equal to 10%.
[Added by Ord. #1602, § 9152.5]
The provisions of Section 30-26 shall apply. The following items shall also be submitted with the application for a conditional use permit:
a.
Plot Plan. Six copies of a plot plan and one reproducible copy of
the plot plan, which shall show the following:
1.
Title of the plot plan.
2.
Name, address and telephone number of the applicant.
3.
Name, address and telephone number of the person or firm preparing
the plot plan.
4.
North Point and Scale. The plot plan shall be drawn to a scale of
not less than one inch equals 100 feet.
5.
Location, name and width of existing and proposed streets, alleys,
easements and interior pedestrian ways, including all abutting streets
and streets proposed to provide primary access to the proposed planned
development project from a major street or freeway.
6.
Location and dimensions of existing and proposed buildings and structures.
7.
Plan for proposed landscaping and permanent watering system.
8.
Proposed off-street parking facilities, including the location, number
and dimensions of private and public parking spaces, aisles and driveways.
9.
Height, type and location of proposed walls and fences.
10.
If residential uses are proposed, a tabulation of the various dwelling
types proposed, the net area of the development, and the dwelling
unit density.
b.
Architectural Plans. Drawings shall be submitted which shall indicate
the size and height and the color and materials to be used on the
exterior of all proposed buildings and structures. Such drawings shall
also include the dimensions and advertising copy of all proposed signs.
c.
Tentative Map. A tentative division of land or parcel map shall be submitted if required by Chapter 28, Land Subdivision. All proceedings with regard to a tentative map submitted with an application for a planned development project shall be held concurrently with those for the conditional use permit.
d.
Development Schedule. If the planned development project is to be
constructed in increments, a development schedule shall be submitted.
e.
Conditions, Covenants and Restrictions.
1.
If conditions, covenants and restrictions are to be recorded for
the planned development project, a copy of the declaration of conditions,
covenants and restrictions shall be submitted.
2.
If the planned development project is to be divided into two or more
parcels containing common areas, a plan for the preservation and continued
maintenance of the common areas and facilities shall be submitted
as conditions, covenants and restrictions on the development.
3.
The declaration of conditions, covenants and restrictions shall accompany
all proposals for planned condominium developments and shall establish
a property owner's association to regulate repairs and maintenance
to the planned condominium development. In addition to such conditions,
covenants and restrictions that may be required by the Department
of Real Estate of the State of California or pursuant to Title 6 of
Part IV of Division II of the California Civil Code or other State
laws or policies, such declaration shall provide for the following,
none of which, after acceptance in final form by the City, shall be
amended, modified or changed without first obtaining the written consent
of the Commission:
(a)
Assignment or Conveyance of Private Open Space. The surface area and appurtenant airspace of private open space areas, including but not limited to the private patio, deck, balcony, solarium or atrium required by subsection 30-18.4 and any integral portion of the space that may exceed the minimum area requirements shall be described and irrevocably assigned by the declaration of conditions, covenants and restrictions to its respective unit; except that where the private open space is totally within the boundary described by the interior surfaces of the unit, it shall be conveyed as an integral part of the unit.
(b)
Assignment or Conveyance of Private Storage Areas. The surfaces and appurtenant airspace of private storage areas, including but not limited to the private storage space required by subsection 30-18.4, shall be described and irrevocably assigned by the declaration of conditions, covenants and restrictions to its respective unit; except that where the private storage space is totally within the boundary described by the interior surfaces of the unit, it shall be conveyed as an integral part of the unit.
(c)
Assignment or Conveyance and Use of Required Off-Street Parking
Spaces. Required off-street, enclosed parking spaces, shall be permanently
and irrevocably assigned to particular units within the project on
the basis of two spaces per unit; except that where two parking spaces
are totally within the boundary described by the interior surfaces
of the unit, they shall be conveyed as an integral part of the unit.
To the maximum practical extent, the two spaces assigned to each unit
shall be contiguous. In no case shall the private storage area of
one unit overhang or take its access from the required off-street
parking space of another unit. All parking spaces shall be used solely
by owners, members of their families, their guests or lessees of the
owner's unit. All parking spaces shall be used solely for the parking
of motor vehicles as defined by the California Vehicles Code.
(d)
The declaration of conditions, covenants and restrictions shall
contain a provision establishing the obligation and duty of the property
owner's association to maintain the common area in good condition.
The declaration of conditions, covenants and restrictions shall provide
for workmen's compensation insurance and general liability insurance
in an amount to be determined by the Commission.
(e)
The declaration of conditions, covenants and restrictions shall
contain a provision ensuring the right of any owner to enforce the
terms of the declaration of conditions, covenants and restrictions.
(f)
Maintenance of Common Areas and Facilities.
(1)
Obligation. No conditional use permit shall be granted for a
planned condominium development unless the obligation for care, upkeep
and management of the common element is set forth in the declaration
of conditions, covenants and restrictions and is imposed on a nonprofit
corporation (the property owner's association).
(2)
Assessments. In order to protect the public health, safety and
welfare, provision shall be made both for annual assessments for maintenance
and special assessment for capital improvements. The amount of the
regular annual assessment and the procedure for its change shall be
specified. The remedies which the property owner's association may
bring for nonpayment of assessments shall be specified and may include
penalties for late payment.
(3)
Veto Right and Authority of the City. In consideration for the
City's approval of a planned condominium development, the declaration
of conditions, covenants and restrictions shall provide that the Commission,
at its option, has the right and authority to veto any action of the
property owner's association which would tend to decrease the amount
of the regular annual assessment upon a finding by the City that such
a decrease could or would adversely affect the long-run maintenance
of the condominium structures and/or common areas. To enable the City
to exercise the optional veto, the declaration of conditions, covenants
and restrictions shall provide the property owner's association actions
to decrease the annual assessment do not become effective until 60
days after written notice of such action is given to the Commission.
(g)
Maintenance of Impact Insulation Class. The IIC rating of all separating floor/ceiling assemblies, as required by subsection 30-18.4g, shall be described in the declaration of conditions, covenants and restrictions. Where the minimum IIC rating is obtained through the use of floor covering(s), the declaration of conditions, covenants and restrictions shall provide that said covering(s) shall not be removed for any purpose except cleaning or replacement, and shall further provide that any replacement covering(s) shall furnish not less than the degree of impact insulation afforded by covering(s) originally installed.
(h)
Television and Radio Antennas. Individual television and radio
antennas shall be prohibited outside of any owner's unit. The declaration
of conditions, covenants and restrictions may provide for a central
antenna with connections to each unit via underground or internal
wall wiring. The declaration of conditions, covenants and restrictions
shall also permit cable antenna service provided by a company licensed
to provide such service within the City and attic installation of
antenna, where structurally feasible.
(i)
Right of Public Entry to Common Area. The City, the County,
the State and the Government of the United States, and any department,
bureau or agency thereof, shall have the right of immediate access
to all portions of common areas of the project not assigned for the
exclusive use of the owner of a particular unit at all times.
(j)
Utility Easements Over Private Streets and Other Areas. If the
planned condominium development contains private streets, provision
shall be made for public utility easements in or adjacent to such
private streets, adjacent to public streets or over other portions
of the project to accommodate fire hydrants, water and gas mains,
electrical lines and similar urban infrastructure. The Commission
may also require access routes necessary to assure that fire-fighting
equipment can reach and operate efficiently in all areas of the project.
(k)
Amendment of the Declaration of Conditions, Covenants and Restrictions.
Any amendment to the declaration of conditions, covenants and restrictions
which would amend, modify, delete or otherwise affect any provision
required by this section shall require the prior written approval
of the Commission. To that end, no such amendment of the declaration
of conditions, covenants and restrictions shall be effective unless:
(1)
The text thereof shall have been submitted to the Commission
30 days prior to its adoption by the owners.
(2)
The Commission has approved the amendment or failed to disapprove
it within said 30 days.
(3)
The recorded instrument effecting such amendment shall recite
that it was so submitted and approved or not disapproved.
f.
Site Plan and Design Review.
1.
Site plan and design review shall be required on all applications
for planned condominium developments.
2.
A Site Plan Review Committee composed of the Chief Building Inspector
and the Subdivision Committee shall be established and shall be responsible
for the review and approval of said plan. The Committee may require
that a conference be held with the project designer.
3.
An application for approval of a site plan shall be submitted to
the Site Plan Review Committee for determination in any case involving
any of the following:
4.
Development plans shall be reviewed in relation to the following
criteria:
(a)
Compatibility with the General Plan and any specific plans for
the area.
(b)
Compatibility of architecture and design with existing and anticipated
development in the vicinity, including the aspects of site planning,
land coverage, landscaping, appearance, and scale of structures and
open spaces and other features relative to a harmonious and attractive
development of the area.
(c)
Convenience and safety of circulation for pedestrians and vehicles.
(d)
Attractiveness, effectiveness and restraint in signing, graphics
and color.
(e)
Development scheduling (if phased development) which will satisfy
the above criteria in each phase.
|
If the proposed development complies with all applicable requirements
and standards of this section and other laws and regulations, and
the approving authority finds that the above criteria are adequately
met or can be met if specified conditions are observed, the Site Plan
Review Committee shall forward the completed application to the Commission
with recommendation that the application for conditional use permit
for a planned condominium development be approved, subject to such
specified conditions. If the Site Plan Review Committee finds that
the proposal cannot be modified to meet the requirements of this section
and the above criteria, the Committee shall recommend the application
for conditional use permit be disapproved. In all cases, findings
shall be made concerning the grounds for approval or disapproval.
|
g.
Appeal. Any person aggrieved by the decision of the Commission, within
15 days after the date of determination of the Commission may appeal
in writing to the City Clerk for a review of the decision by the Council.
The Council, after the filing of such appeal, shall review the matter
and may affirm or reverse the decision of the Commission. The determination
of the Council hereto shall be final and conclusive.
[Ord. #2282 § 24]
The following uses are specifically prohibited in the Planned
Development Zone (D):
[Added by Ord. #1640, § 9153.1]
The Specific Development Zone is established to provide more
flexibility in permitted land uses than is allowed by the base zone
in certain areas and greater environmental and architectural control
over specific developments than otherwise be imposed.
[Added by Ord. #1640, § 9153.2]
Land classified in the Specific Development Zone may be combined
with any commercial zone and if so classified shall be shown by the
addition of the letters "SD" after the letter designation of the base
zone on the Official Zoning Map of the City.
[Added by Ord. #1640, § 9153.3; Ord. #2282 § 25]
The following uses and buildings shall be permitted in the Specific
Development Zone:
a.
Principal Permitted Uses.
1.
Any use permitted in the C-L (Limited Commercial), C-M (Commercial
Manufacturing) or M-L (Limited Manufacturing) Zone, except those uses
specifically prohibited.
2.
Indoor marijuana cultivation is allowed consistent with State law which permits no more than six live marijuana plants to be planted, cultivated, harvested, dried, or processed within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured as long as the marijuana cultivation activities comply with the regulations set forth in paragraph c of subsection 9-24.4.
[Added by Ord. #1640, § 9153.4; Ord. #2282 § 25]
The following uses and building shall be prohibited in the Specific
Development Zone:
a.
Any use and building, the primary purpose of which is the care, maintenance,
repair, sale, rental, towing or storage of vehicles, or the sale,
rental, rebuilding or storage of used vehicle parts.
b.
Bars and liquor stores.
c.
Billboards.
d.
Car washes.
e.
Clothing and apparel manufacturing (including shoe manufacturing).
f.
Pool halls.
g.
Soft drink bottling.
h.
Any use and building which, by its nature, produces noise, dust,
traffic involving large trucks, or outside storage that the Architectural
Review Board of the Community Redevelopment Agency of the City deems
incompatible with the surrounding area.
j.
Marijuana cultivation outdoors upon the grounds of a private residence.
[Added by Ord. #1640, § 9153.5]
Any use and building proposed pursuant to this subsection (other
than those uses permitted in the base zone) shall comply with the
following regulations, and any permit issued shall be subject to such
provisions as are established as conditions of approval:
a.
Types of Development. Uses and buildings other than those permitted
in the base zone shall only be permitted for new developments or on
properties where substantial redevelopment is proposed. Substantial
redevelopment shall mean a project of rehabilitation of buildings
and sites, the cost of which equals or exceeds 40% of the estimated
market value of the land and improvements at the time the project
is proposed to the City. Estimated market value shall be agreed to
by the Community Redevelopment Agency.
b.
Property Development Standards. All development and rehabilitation plans shall require the explicit approval of the Architectural Review Board in the manner set forth in subsection 30-19.7 and conform to the following requirements, unless a variation has been obtained pursuant to the provisions of subsection 30-19.6.
1.
Setback lines. No building shall be constructed upon any parcel within
25 feet of a front lot line or within 15 feet of a street side lot
line. The Architectural Review Board may impose additional setback
requirements of up to 40 feet from the front lot line and up to 25
feet from the street side lot line if it finds that:
(a)
Such additional restrictions are required to maintain an aesthetic
scale of development because of the proposed building height or size
of a lot; or
(b)
Such additional setback is required for the adequate screening
from the general public of exterior noise, dust, or the unsightly
appearance of the structure or building.
|
In no event shall any improvement except landscaping and vehicle
ingress and egress be allowed within 10 feet of any front or street
side lot line for any parcel, except that a six-foot solid wall of
approved construction and material may be erected at the side street
lot line in place of the ten-foot landscaping easement. Each setback
shall be dedicated to the City as a landscaping easement in perpetuity,
but it shall be the owner's duty to maintain it. If, at the City's
sole option, the City finds that the owner is not maintaining the
landscaping easement properly, it may maintain such easement itself
and bill the owner. No building permit shall be issued unless such
dedication, in form satisfactory to the City, shall have been made
by the owner and accepted on behalf of the City.
|
2.
Buildings. Buildings shall be of a tiltup concrete type or its equivalent.
There shall be no corrugated metal buildings allowed.
3.
Architectural style of buildings and other improvements. All buildings
and other improvements constructed upon a parcel of land shall be
of a similar or compatible architectural style. All buildings shall
be limited to the highest architectural and engineering standards
and should exhibit a high degree of imagination and utility. To the
fullest extent possible, all buildings and other improvements shall
be so designed as to be compatible with surrounding buildings and
be in scale with the surrounding area. All air conditioning or other
equipment located on the roof of a building shall be screened from
public view in a manner approved by the Architectural Review Board.
4.
Landscaping. Every parcel of land shall be landscaped so as to positively
enhance the attractiveness of the development, to aid in circulation,
and to accentuate the architectural composition of the buildings and
the identification of the site as a modern and unified development.
In particular, the following shall apply:
(a)
A minimum of 10% of the total area of a parcel to be developed
shall be landscaped with adequate provisions for irrigation. The required
landscaping easement shall be included in this computation.
(b)
A total of one tree for every 50 linear feet of street frontage
and one tree for every 10,000 square feet or fraction thereof of parcel
area shall be planted.
(c)
All landscaping materials shall be of a size and maturity as
determined by the Architectural Review Board so as to be in general
scale with the development proposal.
(d)
All landscaping shall be irrigated by an automatically controlled
sprinkler system.
(e)
All landscaping shall be maintained in a well-kept, thriving
condition; and any destroyed or diseased trees, shrubs or other vegetation
shall be replaced as necessary.
(f)
Berms or other natural-type land forms created by shrubs or
low-branching trees shall be encouraged in lieu of fences (where the
same are not required for security or visual screening) for the articulation
of vertical borders, definition of circulation routes, or closure
of constructed vistas.
(g)
All buildings shall be set in a park-like atmosphere and be
bordered by landscaping whenever possible.
(h)
In general, unrelieved parking areas without any landscaping
to soften their appearance should be avoided.
5.
Signs.
(a)
Purpose. All signs shall be for the purpose of identification
or direction only and shall contain no advertising; except that a
company logo or slogan may, at the option of the Architectural Review
Board, be considered identification.
(b)
Restrictions. There shall be no revolving, flashing or moving
signs permitted. No pennants, bunting or similar devices for commercial
display shall be permitted; except that for a period not to exceed
30 days, bona fide real estate agent may erect open house flags to
advertise properties either for sale or lease.
(c)
Regulations governing permitted signs. All signs, including
wall-painted "supergraphics," shall be approved by the Architectural
Review Board. In making this determination, the Architectural Review
Board shall be guided by the following considerations:
(1)
In general, freestanding signs shall be discouraged; however,
one freestanding sign which identifies a specific development may
be allowed if it is in scale with the development and is of good design.
(2)
All signs in any given development shall be of compatible proportions
and size with each other and with the development.
(3)
Each applicant shall prepare, and the Architectural Review Board
shall approve, designs for typical individual tenant identification
signs at the time of submittal of these plans to the Architectural
Review Board. Such typical design shall include, but not be limited
to, criteria on sign size, shape, location, construction and materials.
All signs shall be in conformance with one overall theme as chosen
by the applicant and as approved by the Architectural Review Board.
(4)
In general, it shall not be permissible
to place signs in the landscape easement, except that the Architectural
Review Board may approve such signs if they are:
(5)
No sign may project over the roof line of a building nor shall
any sign exceed 10% of the total facade area for any tenant.
(6)
Notwithstanding the above, the Architectural Review Board may
reject any proposed sign or combination of signs if, in its estimate,
the design, location, color or size is incompatible with the development
in the surrounding area.
6.
Loading and unloading spaces. In general, loading and unloading docks
shall be constructed at the rear of buildings. Any docks at the sides
or front of buildings shall be screened so as to be visually unobtrusive.
7.
Utilities. Every applicant shall make every effort to underground
all on-site utilities. The Community Redevelopment Agency will facilitate
this with off-site undergrounding of utilities to the extent feasible
as determined by that Agency.
8.
Trash. All trash enclosures shall be shielded from public view by
a block wall, or fence and landscaping.
9.
Conservation of energy. All construction shall incorporate an awareness
of and commitment to the conservation of total energy used, specifically
the consumption of fossil fuels. The use of innovative design and
construction techniques, such as increased insulation, reduction of
heat loss surfaces, solar energy devices, sun shades, etc., will be
encouraged.
10.
Exterior lighting. All lighting in buildings, landscaping, parking
lots, and similar facilities shall be directed away from all adjoining
and nearby residential property. Such lighting shall be arranged and
controlled so as not to create a nuisance or hazard to traffic or
to the living environment. This provision is also applicable to arc
lights, searchlights and similar lighting devices.
11.
Maintenance. Each owner shall be responsible for the maintenance
in good order, repair and condition of the exterior of all buildings,
structures and other improvements, all landscaping, and all walkways
and driveways. Each owner shall repair or replace such improvements
upon the parcel if the same should be damaged or destroyed by any
casualty.
[Added by Ord. #1640, § 9153.6]
Under certain circumstances, a variation from the provisions of Section 30-19 may be permitted. In order to permit such a variation, the Architectural Review Board must determine that:
a.
Unless the variation is permitted, practical difficulties and unnecessary
hardships would occur inconsistent with the general purpose and intent
of these provisions and the Redevelopment Plan for the Walnut Industrial
Park;
b.
There are exceptional circumstances or conditions applicable to the
property or the intended development which do not apply generally
to other properties having the same standards, restrictions, and controls;
c.
Permitting the variation will not be materially detrimental to the
public welfare or injurious to property or improvements in the area;
and
d.
Permitting the variation will not be contrary to the objectives of
these provisions and the Redevelopment Plan for the Walnut Industrial
Park.
|
In permitting any such variation, the Architectural Review Board
shall impose such conditions as are necessary to protect the public
health, safety or welfare, and to assure compliance with the purposes
of these provisions and the Redevelopment Plan for the Walnut Industrial
Park.
|
[Added by Ord. #1640, § 9153.7]
The following procedures shall apply to any development proposed under Section 30-19:
a.
Architectural Review and Approval. No building, structure or other improvement shall be commenced, erected, placed or altered on any parcel unless the plans and specifications showing the plot layout, all exterior elevations, structural design, materials and colors, parking, signs and landscaping shall have been submitted to and approved in writing by the Architectural Review Board, which may condition its approval upon the implementation of any recommendations, limitations or determinations not in conflict with the provisions of this Section 30-19. No permit shall be issued for the new construction or substantial rehabilitation of any building, structure or other improvement covered by said provisions until approval has been granted by the Architectural Review Board. If the Architectural Review Board fails to approve or disapprove a proposed design, plan, location, or other item within 90 days after plans and specifications have been submitted, approval will not be required, and the provisions of this subsection 30-19.7 will be deemed to have been fully complied with. The requirement of approval set forth herein is in addition to, and not substituted for, any and all other restrictions herein contained.
b.
Appeals. An applicant may appeal an adverse decision of the Architectural
Review Board to the Council. Within 10 days from the mailing of the
notice of decision of the Architectural Review Board, the appellant
shall file an appeal in duplicate with the City Clerk, who shall immediately
forward the duplicate to the Council. The appeal shall set forth the
grounds relied upon by the appellant. Within 10 days following the
filing of the appeal, the Council shall set the matter for hearing
and shall give notice of the time and place for said hearing to the
appellant. The Council may reverse or affirm, wholly or partly, the
decision of the Architectural Review Board or may modify any decision
or determination, or may impose such conditions as the facts warrant,
and its decision or determination shall be final. Any hearing may
be continued from time to time.
[Added by Ord. #1557, § 9160.1]
The purposes of the general regulations and exceptions of this
Chapter are to allow certain exceptions under specified conditions
to the usual requirements of this Chapter and to provide for general
regulations applicable to all zone classifications.
[Added by Ord. #1557, § 9160.2; Ord. #2101, § 14]
a.
Lot Areas Less Than Required. Where a person either owns or has a
right of possession to any lot or parcel of land having less area
than required by this Chapter by virtue of a duly recorded deed or
contract of sale, the required area shall mean the area of such lot
or parcel of land provided the deed or contract of sale, by which
such right of possession was separated, was recorded prior to the
following dates:
b.
Substandard Lots. When several previously subdivided contiguous lots,
each having less than the required area and width, are acquired by
one owner, the required area shall mean the total area of the resulting
parcel and all future development shall conform to the provisions
of this Chapter.
c.
Parcels Divided by City Boundaries. Where a parcel of land which
would otherwise have been shown as one lot is divided into two or
more lots because of a City boundary line, the required area shall
mean the total area of such parcel of land.
d.
Lot Areas Affected by Street Widening.
1.
Where a building or structure is located on property acquired for
public use, such building or structure may be relocated on the same
lot or parcel of land although the lot area regulations of this Chapter
cannot reasonably be complied with. Further, where any part of such
a building or structure is acquired for public use, the remainder
of such building or structure may be repaired, reconstructed or remodeled
with the same or similar kinds of materials used in the existing building.
2.
If a lot or parcel of land contains the required area, and less than
45% of such lot or parcel of land is acquired for public use, the
remainder shall be considered to comply with the lot area requirements
of this Chapter.
[Added by Ord. #1557, § 9160.3; Ord. #1733, § 1;
Ord. #1758, § 1; Ord. #2222, § 1]
a.
Permitted Projections into Required Yards.
1.
Fire escapes may protrude into any rear yard not more than four feet
and into any side yard not more than three feet.
2.
Fireplaces, water heater closets, cornices, canopies, eaves, belt
courses, sills and other similar architectural features may protrude
into a front or rear yard not more than four feet and into a side
yard not more than six inches for each one foot of required side yard
width.
3.
Open, unenclosed stairways or balconies not covered by a roof or
canopy may protrude into a required front or rear yard not more than
four feet.
4.
Uncovered porches, platforms, or landing places which do not extend
above the level of the first floor of the main building may protrude
into any front yard or rear yard not more than six feet. Any open-work
railing not more than 30 inches in height may be installed or constructed
on any such porch, platform, or landing place.
b.
Use of Required Yards. Required yard or other open spaces around
an existing building, or any building erected on or after May 4, 1978,
shall not be considered as providing a yard or other open space for
any other building on an adjoining lot or building site.
c.
Through Lots. Through lots or parcels of land 180 feet or more in
depth in any residential zone may be improved as two separate lots
or parcels of land with the dividing line midway between the street
frontages provided each resulting half shall not be less than the
required area and subject to the controls applying to the street upon
which each such half faces. Through lots or parcels of land having
a depth of less than 180 feet in any residential zone may be improved
as two separate lots or parcels of land subject to approval by the
Commission of a plot plan showing that each parcel shall not be less
than the required area and to the controls applying to the street
upon which each such parcel faces.
d.
Property Development Standards for Schools, Churches, Institutions,
Small and Large Family Group Homes and Other Residential Care Facilities
in Residential Zones.
1.
Setbacks. In all residential zones no building shall hereafter be erected, structurally altered, or used for a school, church, institution, large family group home, or other similar use permitted under the use regulations of this Chapter, unless such buildings are removed at least 15 feet from every boundary line of a property included in any residential zone and provided that no front yard as required in the zones nor any side yard as required in this subsection d1 shall be used for play or parking purposes.
2.
Overconcentration. In all residential zones no building shall hereafter
be erected, structurally altered, or used for a school, church, institution,
small or large group home or other residential care facility within
300 feet of any existing or proposed similar facility.
e.
Storage and Parking in Yards.
1.
No portion of any residential yard area visible from a public right-of-way
shall be used for the storage of motor vehicles, tents, trailers,
airplanes, boats, or parts thereof, garbage or rubbish receptacles
or the temporary hanging of clothing or rugs.
2.
No portion of any residential yard area shall be used for the storage
of rubbish, garbage, junk, dismantled or inoperative vehicles, furniture
equipment, appliances, or the storage of building materials (except
building materials for use on the premises stored thereon during the
time a valid permit is in effect for construction on the premises).
3.
"Storage" as used in this subsection shall mean the presence for
a period of 48 consecutive hours or more of such restricted items.
4.
No portion of any unpaved front yard or street side yard shall be
used for the parking of motor vehicles, airplanes, boats or trailers.
5.
Except for violation of paragraph 4 above, all other violations of
this subsection shall constitute an infraction.
f.
Paving of Yards. Not more than 25% of any required front or street
side yard shall be paved; provided, however, this requirement shall
not be construed to reduce the paved area required for parking ingress
and egress.
[Added by Ord. #1557, § 9160.4]
a.
Exceptions. Except as otherwise provided in this section, no building
shall be erected, reconstructed, or structurally altered to exceed
the height limit established by this Chapter for the zone in which
such building is located. The following are exceptions:
1.
In the thirty-five-foot height zones, public or semi-public buildings,
schools, hospitals, or institutions may be erected to a height not
exceeding 75 feet when the required front, side, and rear yards are
increased an additional one foot for each four feet in height that
such buildings exceed 35 feet.
2.
Roof structures for the housing of elevators, stairways, tanks, ventilating
fans, or similar equipment required to operate and maintain the buildings
and fire or parapet walls, skylights, flagpoles, chimneys, domestic
radio and television masts, or similar structures may be erected above
the maximum height permitted in each zone. No structure shall be allowed
for the purposes of providing additional floor space.
b.
Height Limits Around Airports. Notwithstanding any other provision
of this Code respecting height limitations, no building or structure
erected or structurally altered on or after May 4, 1978, shall exceed
a total height of 35 feet on land located within 1,000 feet of an
airport. This provision shall apply regardless of the zone classification
of the land.
[Added by Ord. #1557, § 9160.5; Ord. #1733,§ 1;
Ord. #1921, § 1; Ord. #1941, §§ 10, 11; Ord.
#2025, § 1; Ord. #2026, § 1]
a.
Trash Storage. All trash, refuse, garbage, combustible and noncombustible rubbish, garden refuse, and/or litter in any zone within the City shall be placed in and kept in receptacles, and, where applicable, such receptacles shall conform with the provisions of Chapter 21. All such receptacles shall be kept and stored in such manner as to be concealed from the public view, except for the purpose of collection and removal as provided in Chapter 21 and where such receptacles are for the primary use of customers on the premises.
b.
Trailers.
1.
No trailer shall be used for living or sleeping quarters in any zone,
except when such trailer is located in an approved trailer park.
2.
A trailer may be used as a temporary structure for temporary occupancy
by operators of fireworks stands and Christmas tree lots but not to
exceed a period of 30 days within any calendar year.
3.
The Planning Director may permit the temporary use of trailers for
offices and classrooms, except that the continuance of such use for
more than six months shall require a conditional use permit from the
Commission.
c.
Corrugated Metal. Corrugated metal shall not be used as an exterior
wall, fence, or roof in any zone.
e.
Small Collection Facilities for Schools, Churches and Community Facilities. Schools, churches and community facilities which are licensed by the City of Compton may operate a small collection facility on the premises a maximum of 10 days a year (the provisions of subsection 30-12.4i of this Chapter shall apply).
f.
Compliance with Trash Enclosure Requirements. All uses which do not
have a trash enclosure in conformance with the provisions of this
Chapter shall be required to comply on or before one year from the
date of adoption unless a variance is granted pursuant to the provisions
of the Chapter.
g.
Trash Bins and/or Containers. It shall be unlawful to cause any trash
bin and/or container to be or remain outside of the trash enclosure,
where such enclosure is required by this Code, except during trash
collection operations. The terms of this section shall apply equally
to owners, operators and lessees of the property at which the offense
occurs, and to persons engaged in the collection of trash from said
premises.
h.
Penalties. Except as otherwise provided in this Chapter, failure
to keep and store trash bins and/or containers within a trash enclosure,
except during trash collection operations, as required by this Chapter
is hereby deemed an infraction unless the City Attorney files the
violations as a misdemeanor whenever a continuing violation is shown
to exist. A continuing violation is deemed to be two or more violations
for the same or different sections of the Municipal Code whereupon
the violator was previously cited for an infraction.
i.
Razor Wire, Concertina Wire, Cut Glass. Razor wire, concertina wire
and/or cut glass shall not be used on the exterior surface of any
wall, fence, building, structure, or roof in any zone within the City,
unless an exemption has been granted by the Chief of Police, or his
or her designee, when such use is deemed necessary and there exists
no reasonable alternatives for security purposes. An exemption may
be granted only for property located in a Light Manufacturing Zone
(M-L) or Heavy Manufacturing Zone (M-H).
[Ord. #2101, § 14]
This subsection is established to provide standards for the
outside storage and display of merchandise and equipment in the commercial
and manufacturing zones.
a.
Limited Commercial (C-L) and Commercial Manufacturing (C-M) Zones.
All uses, storage and display shall be located entirely within a building
except for the following:
1.
Automobile sale or rental display areas (subject to approval by the
Architectural Review Board);
2.
Automobile service stations (a maximum of 30 square feet may be used
to display, but not store, auto related items);
3.
Childcare centers (play areas);
4.
Carnivals, temporary;
5.
Christmas tree lots;
6.
Employee and customer parking (24 hours or less);
7.
Florist shops (a maximum of 30 square feet may be used to display
flowers and plants);
8.
Monument and tombstone sales (a maximum of 30 square feet may be
used to display, but not store, monuments and tombstones);
9.
Motorcycle sales display areas (subject to approval by the Architectural
Review Board);
10.
Pottery and porcelain sales (a maximum of 30 square feet may be used
to display, but not store, pottery and porcelain);
11.
Nurseries, horticultural;
12.
Restaurants, outside seating areas (subject to approval by the Architectural
Review Board);
13.
Special outside sales may be permitted as an accessory use to any
licensed use provided, however, such sales shall require a separate
license and shall not be held on more than 12 days in any calendar
year;
14.
Shoeshine and newsstands (subject to approval by the Architectural
Review Board); and
15.
Storage of commercial vehicles, limited to four operating vehicles
(cars, pickup trucks or vans only) maintained as an accessory to a
permitted use.
b.
Limited Manufacturing (M-L) and Heavy Manufacturing (M-H) Zones.
The outside storage and display of merchandise, materials or equipment
in conjunction with a permitted use shall be permitted as follows:
1.
Any outside storage or display permitted in the Limited Commercial
(C-L) or Commercial Manufacturing (C-M) zones;
2.
Accessory storage and display areas not to exceed 30% of the size
of the building (subject to screening and approval by the Architectural
Review Board);
3.
Accessory parking of service vehicles, including trucks (24 hours
or less);
4.
Boat sales (subject to approval by the Architectural Review Board);
5.
Truck, trailer and recreational vehicles sales and rental display
areas (subject to approval of the Architectural Review Board);
c.
Development Standards. Except for those uses listed in paragraphs
a and b, above, all outside operations, display and storage, including
equipment, shall comply with the following standards:
1.
Fences, Walls and Gates.
(a)
All outside storage and display shall be conducted within an area enclosed by solid fences, walls and gates developed and constructed in accordance with Section 30-44 of this Chapter;
(b)
All fences, walls and gates visible from a public right-of-way
shall conform to the provisions of the Uniform Paint Ordinance and
the Corridor Improvement Plan and shall be landscaped or treated with
an anti-graffiti substance approved by the City;
2.
Paving. The entire yard shall be paved with a minimum thickness of
two inches of asphalt on a minimum of four inches of aggregate base
material or a minimum of four inches of Portland cement concrete or
other approved permanent impervious surfacing material.
5.
General.
(a)
No materials, equipment or wrecked or dismantled vehicles shall
be placed or allowed to remain outside the enclosed yard area or stored
at a height greater than that of the surrounding fence, wall or gate.
(b)
Required parking spaces shall not be used for the storage of
materials or parking of equipment or wrecked or dismantled vehicles.
6.
Violations. The violation of this subsection is an infraction. The
penalty for the violation of this subsection is a fine of $50 for
the first violation, $75 for the second violation and $100 for each
additional violation of this subsection within one year. The City
Attorney shall have the authority to file the violation as a misdemeanor
when a continuing violation is shown to exist. A continuing violation
is deemed to be two or more violations for the same or different sections
of the Municipal Code whereupon the violator was previously cited
for an infraction.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 1557, 1650, 1733 and 1784.
[Ord. #2010, § 1]
This section establishes standards for off-street parking and
loading in order to:
[Ord. #2010, § 1; Ord. #2101, § 15]
a.
Applicability. These regulations apply to all land uses, buildings
and structures and shall be the minimum standards for all off-street
parking and loading facilities. These regulations shall apply to all
parking in all zones, whether required by this section or installed
for the convenience of property owners or users.
b.
Provision of Parking and Loading. Off-street parking and loading
shall be provided and developed in accordance with this section for:
c.
Conformance. Parking facilities constructed or substantially reconstructed
subsequent to the adoption of this section shall conform to the standards
set forth in this section and any design guidelines subsequently established
by the City and/or Community Redevelopment Agency.
d.
Pre-existing Buildings and Uses.
1.
Nonresidential buildings and uses that were legally established prior
to adoption of this section may continue without additional off-street
parking and loading provided that existing off-street parking and
loading is not reduced, the building is not expanded and the use is
not altered or intensified in such a way as to increase required parking
per the provisions of this section.
2.
Residences that were legally constructed prior to adoption of this
section may continue without additional off-street parking provided
that existing off-street parking is not reduced, the number of residential
units is not increased and any expansion to the size of the residence
conforms to the following standards:
(a)
Residences with legally converted garages may not be expanded
without restoration of the original garage or construction of a replacement
garage.
(b)
Residences constructed without an enclosed garage may be expanded
by 10% of dwelling unit size or 100 square feet, whichever is greater,
without provision of enclosed parking.
(c)
Residences constructed with a one-car garage may be expanded
by 20% of dwelling unit size or 200 square feet, whichever is greater,
without provision of additional enclosed parking.
(d)
Residences constructed with a two-car garage may expanded to
the maximum size permitted by the base zone.
(e)
Single-family dwellings in which the original construction design
effectively precludes construction of additional garages may be expanded
by 30% of dwelling unit size or 300 square feet, whichever is greater,
without provision of additional enclosed parking.
(f)
Additions to residences made in accordance with this subsection
may not occupy the only portion of the lot or parcel of land which
could be used for required garages or access thereto.
(g)
All residences will be presumed to have been constructed with
provisions for off-street parking that conformed to the standards
in existence at the time of construction, unless substantial evidence
to the contrary is presented.
(h)
All residences that restore a previously converted garage shall
be credited with an additional 200 square feet when computing the
maximum size of an addition.
(i)
The size of residential units within multiple-family dwellings
may be expanded as part of a residential rehabilitation plan that
does not increase the total number of bedrooms in the project and
has been approved by the Architectural Review Board.
3.
When a building or dwelling is destroyed to more than 49% of its
replacement value, its restoration must include provisions for off-street
parking which conform to this section.
e.
Restrictions.
1.
Unless otherwise specified, on-street parking within public or private
streets, alleys, driveways or drives shall not be used to satisfy
the off-street parking requirements of this section.
2.
Required parking spaces must be available for the use of residents,
customers or employees and may not be used for the storage of vehicles,
equipment or goods.
3.
Required parking spaces may not be assigned in any way to a use on
another site.
[Ord. #2010, § 1; Ord. #2101, § 15]
a.
Calculation of Spaces.
1.
Whenever the computation of the number of off-street parking spaces
results in a fraction of a space, the fraction shall be rounded to
the next whole number.
2.
When there are two or more separate uses on a site, the required
parking for the site shall be the sum of the required parking and
loading for the individual uses.
3.
When a use has more than 20% of its floor area in a distinct function
(e.g., office, warehouse or retail), the required parking is calculated
separately for each function. Where separation of functions is not
possible, the most restrictive parking standard shall be applied.
4.
The minimum number of required off-street parking spaces is determined
by the type of use and is not changed by the zone in which it is located.
b.
Parking Space Dimensions.
1.
Standard parking spaces shall not be less than nine feet in width
and 20 feet in length.
2.
Parallel parking spaces shall not be less than nine feet in width
and 22 feet in length.
3.
Compact parking spaces shall not be less than eight feet in width
and 16 feet in length and shall be located adjacent to one another.
c.
Number of Parking Spaces. The minimum number of parking spaces required
for each land use is shown in Table 30-21.A.[1] The requirement for a use not specifically mentioned shall
be the same as for a use that has similar traffic-generating characteristics.
The Planning Director shall determine what constitutes similar traffic-generating
characteristics and the number of spaces required for accessory or
incidental uses.
[1]
Editor's Note: The table referred to herein may be found at
the end of this subsection.
d.
Type of Spaces.
1.
Unless otherwise specified, all requirements for parking are presumed
to be non-enclosed.
2.
Where "enclosed" parking is specified, it shall be interpreted as
a parking space which has a combination of solid walls and garage
door(s) on four sides and a roof.
3.
Where "covered" parking is specified, it shall be interpreted as
a parking space which has a permanent roof (e.g., carport).
4.
Where "driveway" parking is specified, it shall be interpreted as
a parking space located in an existing driveway which may block access
to a garage or another driveway space.
e.
Compact Car Spaces. Parking for compact cars may be used to satisfy
a portion of the required parking. Compact spaces shall be marked
"COMPACT" on the foot of the stall. The maximum number of compact
spaces allowed is as follows:
f.
Motorcycle Parking. Facilities with 25 or more parking spaces shall
provide at least one designated parking area for use by motorcycles.
Those areas designated for use by motorcycles shall consist of a minimum
usable area of 56 square feet and shall be clearly marked.
g.
Bicycle Parking.
1.
Facilities for bicycle parking shall be provided at the rate of one
bicycle space per every 20 vehicle spaces required for all commercial,
retail, office, food-related, industrial and warehousing uses. Where
the application of the above standard results in a fraction of a space,
the fraction shall be rounded to the next whole number.
2.
Bicycle parking facilities may consist of a stationary bicycle rack,
cement slab or vertical meter bar where the bicyclist supplies a chain
and/or lock to secure the bicycle or an enclosed box with a locking
door, typically called a bicycle locker, where a single bicyclist
has access to a bicycle storage compartment.
3.
Requests for exemptions from bicycle parking requirements shall be
made in writing to the Planning Director. Exemptions shall be submitted
and processed concurrently with project plans and/or applications.
Exemptions may be granted depending upon the location of the use in
respect to the urban area, the nature of the use and hours of operation
and the accessibility of the site by bicycle at present and in the
future.
h.
Location of Parking Spaces.
1.
Required residential parking shall be located on the same lot or
parcel of land as the use that the parking facilities are intended
to serve.
2.
Required nonresidential parking shall be located as follows:
(a)
On the same lot or parcel of land as the use which the facilities
serve; or
(b)
On a separate lot or parcel not more than 300 feet from the
perimeter of the lot or parcel of land the parking facilities are
intended to serve, provided, that:
(1)
Such parking shall be located within the same block or within
an adjacent block separated only by an alley from the lot or parcel
of land the parking facilities are intended to serve;
(2)
Such parking location shall be approved by the Planning Director;
and
(3)
There shall be recorded in the office of the County Recorder
a covenant by the owner or owners of such lot or parcel of land, for
the benefit of the City, to the effect that the required parking shall
be maintained as long as the use or building exists.
|
Table 30-21.A
Parking Space Requirements
| |
|---|---|
|
Land Use
|
Number of Required Spaces
|
|
RESIDENTIAL USES
| |
|
Accessory Dwelling Units
|
1 open space/unit
|
|
Boarding Houses, Dormitories, Fraternities, Sororities, Monasteries
and Convents
|
2 enclosed spaces plus 1 space for each 300 square feet of gross
floor area
|
|
Community Care Facilities (including senior and residential
congregate care in structures designed as dwellings)
| |
|
6 or fewer guests
|
2 enclosed spaces
|
|
7 or more guests
|
2 enclosed spaces, plus 1 space/3 guests
|
|
Condominiums and Townhouses
|
2 enclosed spaces/unit, plus 1 guest space/4 units
|
|
Mobile Home Parks
|
1 enclosed space and 1 open space/mobile home site, plus 1 guest
space/4 mobile home sites
|
|
Multiple-Family Dwellings
| |
|
2 or fewer bedrooms in an attached unit
|
1.5 enclosed spaces/unit, plus 1 guest space/4 units
|
|
2 or fewer bedrooms in a detached unit
|
2 enclosed spaces/unit, plus 1 guest space/4 units
|
|
3 or more bedrooms
|
2 enclosed spaces/unit, plus 1 guest space/4 units
|
|
Senior Citizen Apartments (80% 1 bedroom - 62 years or older)
|
1 covered space/unit, plus 1 guest space/4 units
|
|
Single-Family Detached Dwellings
|
2 enclosed spaces/dwelling
|
|
Residential Day Care Facilities
| |
|
8 or fewer children
|
2 enclosed spaces
|
|
9 to 14 children
|
2 enclosed spaces, plus 2 open spaces (may be in driveway)
|
|
COMMERCIAL USES
| |
|
Ambulance Service, Taxi Service and Similar Uses
|
1 space/250 square feet of gross floor area, plus 1.5 spaces/service
vehicle
|
|
Automobile-Related
| |
|
Auto Accessory Installation (includes auto glass,
car stereos, phones and alarms)
|
2 spaces/service bay or 2 spaces/500 square feet of gross floor
area if no bays are defined
|
|
Auto Repair (includes engines, electrical, body
and fender and spray painting)
|
3 spaces/service bay or 3 spaces/500 square feet of gross floor
area if no bays are defined
|
|
Auto Sales and Rental
|
1 space/250 square feet office area, plus 1 space/400 square
feet of indoor sales area, plus 1 space/2,000 square feet of outdoor
sales area (may not be located in display area)
|
|
Car Washes
| |
|
Automated
|
6 spaces/tunnel, plus 5 spaces for queuing
|
|
Hand
|
2 spaces/service bay or 1 space/500 square feet of paved washing
area
|
|
Self Service
|
1 space/washing station, plus 2 spaces/washing station for queuing
(excludes vacuuming areas)
|
|
Service Stations
|
1 space/pump island, plus 2 spaces/service bay or 2 spaces/500
square feet of repair area if no bays are defined, plus 1 space/250
square feet of retail sales area
|
|
Banks, Savings and Loan and Financial Institutions
|
1 space/250 square feet of gross floor area, plus 1 lane for
each drive-up window with 5 spaces for queuing per lane
|
|
Building Materials Sales and Service
|
1 space/500 square feet of gross floor area, plus 1 space/1,000
square feet of outdoor display, sales and storage area
|
|
Food Services
| |
|
Banquet Halls, Rental Halls
|
1 space/50 square feet of banquet hall area, plus parking for
accessory uses
|
|
Restaurants, Cafes, Fast Food Restaurants, Bars,
Cocktail Lounges and Other Eating Establishments
|
1 space/100 square feet of gross floor area, including outdoor
seating area
|
|
Take Out (16 or fewer seats)
|
1 space/250 square feet of gross floor area, plus 1 space per
delivery vehicle
|
|
Drive-Through Window
|
5 spaces for queuing space per window
|
|
Garden Shops, Nurseries, Pottery Sales and Similar Uses with
Outside Display Areas
|
1 space/250 square feet of gross floor area, plus 1 space/1,000
square feet of outdoor display, sales and storage area
|
|
General Retail, Service and Office (includes all commercial
uses not listed herein)
|
1 space/250 square feet of gross floor area
|
|
Hotels and Motels
|
1 space/guest room, plus 2 spaces/manager's unit, plus parking
for accessory uses
|
|
Swap Meets
| |
|
Indoor
|
1 space/250 square feet of gross floor area, plus 1 space/vendor
|
|
Outdoor
|
1 space/200 square feet of site, plus 1 space/vendor
|
|
INDUSTRIAL USES
| |
|
General Industrial (includes manufacturing, assembly, warehousing,
packaging, research and development and services uses)
|
1 square feet of parking area (including spaces, circulation,
landscaping and walkways) for each 1 square feet of first floor gross
floor area and 3 square feet of subsequent floor gross floor area,
but no less than 1 space/850 square feet of gross floor area (office
uses of more than 20% of gross floor area computed at 1 space/250
square feet of gross floor area)
|
|
Mini-Storage and Self-Storage
[Amended 12-28-2021 by Ord. No. 2342] |
Minimum parking shall be determined by a parking/trip generation
study. The study shall survey at least three other similar local self
- storage sites and be subject to any other requirements of the Community
Development Department
|
|
Recreational Vehicles and Boat Storage
|
1 space/2,500 square feet of storage area (may not be located
in storage area)
|
|
Recycling Centers
|
1 space/2,000 square feet of site (minimum 4 spaces, plus provisions
for adequate queuing)
|
|
Transportation and Storage Yards (includes areas used for parking
fleet vehicles, equipment and materials)
|
1 space/1,500 square feet of yard area, plus 1 space/1,000 square
feet of gross floor area (office use of more than 20% of gross floor
area is computed at 1 space/250 square feet of gross floor area)
|
|
COMMUNITY AND RECREATIONAL USES
| |
|
Arcades and Pool Halls (more than 2 machines or tables)
|
1 space/150 square feet of gross floor area
|
|
Bowling Alleys
|
3 spaces/lane, plus parking for accessory uses
|
|
Churches and Other Religious Meeting Places, Conference and
Meeting Facilities, Mortuaries, Theaters, Auditoriums and Other Places
of Public Assembly
|
1 space/3 fixed seats or 1 space/54 inches of bench seating
or 1 space/40 square feet of assembly area where no seats are provided,
whichever is greater
|
|
Communications Facilities (unmanned)
|
1 space/facility
|
|
Convalescent Hospitals, Nursing Homes, Sanitariums, Hospitals
and Medical Centers
|
1 space/250 square feet of gross floor area, plus parking for
public assembly and accessory uses
|
|
Dance Halls
|
1 space/25 square feet of dance floor area, plus parking for
assembly and accessory uses
|
|
Driving Ranges
|
1 space/tee, plus parking for accessory uses
|
|
Gaming and Bingo Facilities
|
1 space/3 seats, plus parking for accessory uses
|
|
Golf Courses
| |
|
Miniature
|
2 spaces/hole, plus parking for accessory uses
|
|
Pitch and Putt
|
5 spaces/hole, plus parking for accessory uses
|
|
Regulation
|
9 spaces/hole, plus parking for accessory uses
|
|
Gyms, Gymnasiums, Spas and Health Clubs
|
1 space/100 square feet of gross floor area, plus 1 space/1,000
square feet of outdoor play or field area, plus parking for accessory
uses
|
|
Libraries
|
1 space/250 square feet of gross floor area
|
|
Miscellaneous Recreational Facilities (includes ball fields,
other athletic fields, skating rinks, riding clubs and stables)
|
1 space/100 square feet of gross floor area, plus 1 space/1,000
square feet of outdoor play area, plus parking for accessory uses
|
|
Movie Theaters
|
1 space/3 seats
|
|
Museums and Art Galleries
|
1 space/250 square feet of gross floor area
|
|
Public Utility Facilities
|
1 space/250 square feet of gross floor area, plus 1.5 spaces/fleet
vehicle
|
|
RV Parks
|
1 overnight space/recreational vehicle, plus 1 parking space/recreational
vehicle
|
|
Schools
| |
|
Nursery, Pre-School, Day Care
|
1 space/5 children
|
|
Elementary and Junior High School
|
2 spaces/classroom
|
|
High Schools
|
7 spaces/classroom
|
|
Colleges and Universities
|
10 spaces/classroom
|
|
Trade and Business Schools
|
1 space/35 square feet of classroom area
|
|
Art, Dance and Martial Arts Schools
|
1 space/employee, plus 1 space/3 students at maximum capacity
|
|
Spectator Bleachers
|
1 space/54 inches of seating
|
|
Swimming Pools
|
1 space/125 square feet of water surface
|
|
Tennis, Handball and Racquetball Courts
|
3 spaces/court, plus parking for accessory uses
|
|
Union Halls, Lodges and Clubs
|
1 space/250 square feet of office, plus parking for public assembly
and accessory uses
|
[Ord. #2010, § 1]
Facilities for handicap parking shall be provided in accordance
with the standards and requirements of the State of California and
the Americans with Disabilities Act. Handicap spaces shall count toward
fulfilling the off-street parking requirements established by this
section.
[Ord. #2010, § 1]
a.
General. All parking areas shall be designed and developed in order
to provide adequate space for vehicle maneuvering and circulation
as well as paving, lighting and landscaping.
c.
Turnaround Space. A vehicle turn-around space shall be provided at
the end of all dead-end parking aisles. Other turnaround arrangements
providing the same maneuverability are subject to approval by the
Planning Director.
d.
Vertical Clearance. Vertical clearance for parking spaces shall conform
to the standards contained in Table 30-21.C[2] When handicap parking is provided, vertical clearance
shall comply with the California Code of Regulations (Title 24, Part
2, Chapter 2-71).
[2]
Editor's Note: The table referred to herein may be found at
the end of this subsection.
e.
Motorcycle and Bicycle Facilities. Motorcycle and bicycle parking
facilities shall be separated from automobile parking spaces by either
a wall, fence, curb or by at least five feet of open space where parking
is prohibited. Signage indicating the availability and location of
motorcycle or bicycle parking shall be installed at the main entrance
of a building or parking lot in a location visible and legible to
users of the subject property.
f.
Residential Parking. Parking for residential uses shall comply with
the provisions of this subsection:
1.
There shall be a minimum unobstructed inside dimension of nine feet
by 20 feet for a private one-car garage or carport and 18 feet by
20 feet for a private two-car garage or carport. The minimum width
for a garage door shall be eight feet for a one-car garage and 16
feet for a two-car garage. Nonstructural improvements such as wall-mounted
shelves or cabinets may encroach into the front five feet of the parking
space, provided a minimum 4 1/2 foot vertical clearance is maintained
above the finished floor of the garage. Appliances such as water heaters,
washing machines and clothes dryers may not encroach into the minimum
inside dimension.
2.
Parking spaces that are located within rows of six spaces or more
may be divided by posts or columns located within three feet of the
head and foot of each space. Where such spaces are located adjacent
to a wall, fence or other obstruction, space width shall be increased
by one foot.
3.
A minimum of 100 cubic feet of enclosed storage space shall be provided
for any residential unit without a private enclosed garage.
4.
A minimum paved backup of 25 feet shall be provided for any garage,
carport or open parking space including those entered directly from
a street, alley or driveway. The width of the backup shall be equal
to the width of the space(s) that it serves. In no case shall more
than 10 feet of any public right-of-way be used to provide required
backup.
5.
All residential driveways, parking and maneuvering areas shall be
fully paved with a minimum thickness of four inches of Portland cement
concrete.
g.
Nonresidential Parking. Parking for nonresidential uses shall comply
with the following provisions:
1.
A parking space adjacent on the side to a wall, fence or other obstruction
shall be increased in width by one foot. Posts/columns may be permitted
along the side of each space only within three feet of the head and
foot of each stall.
2.
All nonresidential driveways and parking areas shall be surfaced
and maintained with a minimum thickness of two inches of asphalt on
a minimum of four inches of aggregate base material or a minimum of
four inches of Portland cement concrete or other approved permanent
impervious surfacing material. The ground to be paved shall be treated
with a soil sterilizer prior to paving.
3.
Off-street parking provided for nonresidential uses shall designate
at least 10% of the total parking area for use by car pools and shall
comply with the Compton Congestion Management Plan.
4.
No portion of any public right-of-way may be used to provide required
turning radius or backup.
h.
Curb and Wheel Stop Requirements. All parking spaces shall have individual
wheel stops or continuous concrete curbing a minimum of six inches
high and six inches wide. Wheel stops and curbs must be located a
minimum of three feet from any structure, fence, wall, building, walkway
or curb of a required landscape strip.
i.
Drainage. All required off-street parking areas shall be designed
so that surface water will not drain over any sidewalk or adjacent
property. Parking facilities shall be prepared, graded and paved to
ensure that all surface water drains into a public street, alley,
storm drain or other drainage system approved by the Compton Public
Works/Engineering Department.
j.
Parking Space Delineation. All required vehicle parking spaces shall
be striped. Compact, handicap, guest, car pool or van pool and motorcycle
spaces shall be clearly marked. Aisles, approaches, directional movements
and maneuvering areas shall be clearly marked with arrows. Striping
and marking shall be with paint or other easily distinguishable material.
k.
Lighting. Lighting of outdoor parking areas shall be designed and
maintained in a manner to prevent glare or direct illumination from
intruding into any adjacent residential zone. A minimum of one footcandle
of illumination shall be provided throughout the parking area. Light
standards shall conform to the design specifications of the Architectural
Review Board.
l.
Noise. Areas used for primary circulation or subject to frequent
idling of engines or loading activities shall be located and designed
to minimize impacts on adjoining properties. Screening or sound baffling
shall be provided as necessary.
|
Table 30-21.B
Parking Aisle Widths
| ||
|---|---|---|
|
Parking Stall Orientation to Drive Aisle
|
One-way
|
Two-way
|
|
Parallel (0°)
|
11 feet
|
22 feet
|
|
30°
|
11 feet
|
22 feet
|
|
45°
|
14 feet
|
25 feet
|
|
60°
|
18 feet
|
25 feet
|
|
90°
|
25 feet
|
25 feet
|
 |
|
Table 30-21.C
Unobstructed Vertical Clearances
| |||
|---|---|---|---|
|
Parking Facility
|
Automobile
|
Semi-truck
|
Motorcycle/Bicycle
|
|
Open Air
|
7.5 feet
|
15.0 feet
|
6.0 feet
|
|
Garage/Carport
|
7.5 feet
|
15.0 feet
|
6.0 feet
|
|
Drive-Through
|
9.0 feet
|
15.0 feet
|
N/A
|
|
Parking Structure
|
8.0 feet
|
N/A
|
6.0 feet
|
|
Loading Docks/Zones
|
15.0 feet
|
15.0 feet
|
N/A
|
[Ord. #2010, § 1]
b.
All areas in a parking lot not used for driveways, maneuvering areas,
parking spaces or walks shall be permanently landscaped in accordance
with a landscaping plan approved by the Architectural Review Board.
c.
Parking lot landscaping shall be designed as follows:
1.
All landscaped areas shall be bordered by a concrete curb a minimum
of six inches high and six inches wide. All landscaped areas shall
be a minimum of six feet in width. Concrete mow strips at least six
inches deep and four inches wide shall be required to separate turf
areas from shrub areas.
2.
A ten-foot landscaped planting strip shall be established between
the public right-of-way and parking area.
3.
At least one twenty-four-inch box tree shall be provided for every
four parking spaces. Trees shall be evenly distributed throughout
the parking area.
4.
A permanent and automatic irrigation system shall be installed and
permanently maintained in all landscaped areas.
5.
A maximum of 2 1/2 feet of the parking stall depth may be landscaped
in lieu of asphalt while maintaining the required parking stall dimensions.
This overhang shall be in addition to the required right-of-way setbacks.
6.
Provisions shall be made to ensure that adequate pedestrian paths
are provided throughout the landscaped areas.
[Ord. #2010, § 1]
a.
General. All off-street parking spaces shall have access to a public
street or alley and shall have internal circulation, safe entrances
and exits, drives and aisles in conformance with City standards.
b.
Access to Space. Every required parking space shall have unobstructed
access from an aisle without moving another vehicle. Tandem parking
arrangements are not permitted. All parking spaces shall be entered
by vehicles traveling in a forward direction.
c.
Maneuvering Room. All commercial and industrial parking areas and
all multiple-family residential parking areas for five or more units
shall provide suitable maneuvering room so that vehicles may enter
an abutting street or alley in a forward direction.
d.
Traffic Between Aisles. Traffic circulation shall be designed so
that no vehicle need enter a public street in order to progress from
one aisle to another aisle within the same parking lot.
[Ord. #2010, § 1; Ord. #2101, § 15; Ord.
#2251]
a.
Residential. Driveways providing access to parking facilities serving
residential uses shall have the following dimensions:
1.
Driveways for residential uses with four units or less shall have
a minimum width of 10 feet.
2.
Driveways for residential uses with five units or more shall have
a minimum width of 12 feet for one-way traffic and 20 feet for two-way
traffic. Where one-way drives exist, directional signs and arrows
shall be provided.
3.
Driveway width for existing residential uses with four or less units
may be reduced to nine feet when the original construction design
effectively precludes a larger driveway.
b.
Limit on Residential Driveways. For all residential uses, the driveway
must lead directly to a garage, carport, or other approved parking
facility, except as provided below. The number of permitted driveways
shall be one, eighteen-foot wide driveway per street frontage, not
to exceed a total of two driveways. Circular driveways require 100
feet of street frontage.
1.
Exception: Pre-existing, developed residential lots with less than
50 feet of street frontage width. Residential lots with less than
50 feet of street frontage width that cannot otherwise construct a
garage and driveway on site may be permitted to construct one driveway
that does not directly lead to a garage or carport subject to the
following requirements:
(a)
The driveway shall be 10 feet in width and shall have a minimum
depth of 20 feet, exclusive of any safety barrier or other City-approved
instrument constructed.
(b)
The residential lot shall have been previously improved or developed
with a habitable dwelling unit.
(c)
A City-approved safety barrier must be constructed between the
dwelling and the driveway. The safety barrier shall be equivalent
to a wheel stop or masonry landscaped planter.
(d)
The pavement area of the driveway (i.e. parking area) shall
be constructed with concrete. The driveway aprons and any other areas
within the public right-of-way (i.e. sidewalk) shall be paved in accordance
with City standards.
(e)
The property owner must obtain all required City permits prior
to construction of any driveway.
(f)
No vehicle shall be permitted to park on the driveway in such
a manner as to extend any part of the vehicle into the public street,
public right-of-way (i.e. sidewalk), or other block pedestrian or
vehicle traffic.
c.
Nonresidential. Driveways providing access to parking facilities
serving nonresidential uses shall have a minimum width of 12 feet
for one-way traffic and 24 feet for two-way traffic. Where one-way
drives exist, directional signs and arrows shall be provided.
d.
Drive-Through Facilities. Drive-through facilities shall conform
to the following standards:
1.
Each drive-through lane shall be separated from the circulation routes
necessary for ingress or egress from the property or access to any
parking spaces.
2.
Each drive-through lane shall be striped, marked or otherwise distinctly
delineated.
3.
The vehicle stack capacity of the drive-through facility and the
design and location of the ordering and pick-up facilities shall be
approved by the Architectural Review Board and shall be based on:
4.
The applicant may be required by the Architectural Review Board to
submit a traffic study addressing the above-listed factors.
[Ord. #2010, § 1; Ord. #2101, § 15]
a.
Garage Doors. A garage door shall be provided and permanently maintained
for all residential garages. Roll-up garage doors shall be required
for all new residential units unless an alternative has been approved
by the Architectural Review Board.
b.
Use of Spaces. Required residential garages, carports and parking
spaces shall be assigned to the occupants of the applicable dwelling
unit and shall not be rented or otherwise utilized. Guest parking
shall be designated as such and restricted to use by guests.
c.
Use of Yards for Parking.
1.
No portion of a required front yard or street side yard, other than
the driveway, back-up and turning radius, shall be developed or used
for off-street parking of any vehicle, including automobiles, trucks,
buses, trailers, campers, boats, recreational vehicles, airplanes
and motorcycles.
2.
A maximum of three vehicles, in operating condition, may be parked
behind the front line of the house provided that they are screened
from public view to a height of six feet. Such vehicles may include
automobiles, recreational vehicles, nonhabitable recreational trailers
and campers, boats and motorcycles. The area used for such parking
must be paved.
3.
A recreational vehicle used as daily transportation may be parked
overnight in a recognized driveway provided that the vehicle can be
contained entirely on the driveway and not overhang onto public rights-of-way.
d.
Commercial and Towed Vehicles. Commercial vehicles, trucks, buses,
towed equipment or combinations thereof may not be parked or stored
on residential property except during business hours while providing
service to the site. This prohibition shall not apply to construction
sites during the time a valid building permit is in effect and construction
is currently and actively proceeding.
[Ord. #2010, § 1]
a.
Requirements. Separate off-street loading facilities shall be provided
for all commercial, office, industrial and warehousing buildings in
excess of 7,000 square feet.
b.
Location. Loading facilities shall be located on the same site as
the building served and shall not in any way block vehicular or pedestrian
movement to or from a street, driveway or parking space. Loading spaces
shall be located and designed as follows:
c.
Minimum Dimensions. The minimum dimensions for any required loading
area shall be 12 feet wide by 25 feet long.
d.
Number of Loading Spaces Required. Off-street loading spaces shall
be provided for all nonresidential uses in accordance with Table 30-21.D.[1] At the time of project review, additional spaces may be
required if determined necessary to adequately serve the use.
[1]
Editor's Note: The table referred to herein may be found at
the end of this subsection.
e.
Turning Radius. All loading areas shall be provided with an adequate
turning radius that will enable a vehicle to maneuver into and out
of the loading area without backing onto a street or highway.
f.
Surfacing. All loading areas shall be surfaced and maintained with
a minimum thickness of two inches of asphalt on a minimum of four
inches of aggregate base material or a minimum of four inches of Portland
cement concrete or other approved permanent impervious surfacing material
to prevent mud, dust, loose material, potholes or other nuisances.
The ground to be paved shall be treated with a soil sterilizer prior
to paving.
g.
Screening. All loading areas shall be screened from public view to
the maximum extent feasible as determined by the Architectural Review
Board.
|
Table 30-21.D
Loading Spaces
| |
|---|---|
|
Loading Spaces Required
| |
|
Building Size
(gross floor area-square feet)
|
Number of Spaces
|
|
Less than 7,000
|
0
|
|
7,001 to 20,000
|
1
|
|
20,001 to 50,000
|
2
|
|
50,001 or more
|
3
|
[Ord. #2010, § 1; Ord. #2101, § 15; Ord.
#2257 § 1]
a.
Purpose. The purpose of this subsection is to create a Modified Parking Requirement (MPR) to regulate parking for industrial/warehouse uses on lots greater than 10 acres whose requirements are difficult to anticipate and cannot be adequately provided for in Section 30-21 Off-Street Parking and Loading. Except as otherwise indicated, joint parking arrangements, temporary parking lots, special parking plans, shared parking plans, valet parking plans and reduced minimum parking requirements established in accordance with this section shall supersede all other requirements of Section 30-21 and shall be referred to as a "MPR."
b.
CITY COUNCIL
MODIFIED PARKING REQUIREMENT (MPR)
PLANNING COMMISSION
Definitions. For purposes of this subsection, the following words
and phrases are defined and shall be construed as follows:
Shall mean the City Council of the City of Compton.
Shall mean parking requirements that include one, some or
all of the following: joint parking arrangements, special parking
plans, shared parking plans, valet parking plans, temporary parking
lot plans and reduced minimum parking requirements. All MPR's shall
be accompanied by a parking demand or other study based on surveys
of similar land uses and/or the Institute of Traffic Engineers (ITE)
data or other professional sources.
Shall mean the Planning Commission of the City of Compton.
c.
Establishment of Modified Parking Requirement. A Modified Parking
Requirement (MPR) pursuant to this subsection may be adopted by the
Planning Commission and/or the City Council in conjunction with other
discretionary entitlements that are necessary to approve an eligible
industrial/warehouse project.
d.
Findings Required. The Planning Commission and/or the City Council,
prior to approving a request to establish, modify, or repeal a MPR
shall find:
1.
That the MPR provides adequate parking to meet parking demand for
the project or uses subject to the MPR.
2.
That the parking demand or other study is based on surveys of similar
land uses and/or the Institute of Transportation Engineers (ITE) data
or other professional sources.
3.
That the parking demand or other study has been adequately prepared.
e.
Conditions of Approval. The Planning Commission and/or City Council
as part of a MPR approval, may impose such conditions and limitations
that it deems necessary to protect the public welfare and assure compliance
with the intent and purpose of this Chapter and the plans and policies
of the City.
f.
Modified Parking Requirement Standards.
1.
Decreased Parking Requirements. The MPR shall identify each use that
is granted modified parking requirements, along with each use's minimum
parking requirement.
2.
Location of Required Parking Spaces. The parking spaces required by the MPR may be provided on-site or on an abutting contiguous lot, or on a lot across a public right-of-way that is within 300 feet of the land use regardless of underlying ownership, or within a reasonable walking distance as determined by the approving authority. Where parking is provided across multiple lots, a covenant shall be recorded in the Office of the County Recorder by the owner or owners of such lots or parcels of land, for a period of not less than 20 years. The required parking as specified by the MPR shall be maintained as long as the use or building exists unless it can be demonstrated that parking can be provided onsite as required under subsection 30-21.3c of this Chapter.
3.
Bicycle Parking and Other Transportation Demand Management Measures. If an MPR is established, bicycle parking shall be required at the rate provided in subsection 30-21.3g; however, bicycle parking and other improvements or measures to encourage alternative transportation modes and vehicle trip reduction may be required based on the modified parking as determined in the parking demand or other study.
4.
The Modified Parking Requirement shall not apply to residential or
commercial land uses.
5.
The Modified Parking Requirement shall only apply to lots of 10 acres
or greater.
g.
Other Provisions.
1.
The MPR shall prohibit the use of any compact parking spaces onsite.
2.
The MPR may require the provision of a landscape planter/tree well
at the head of every fifth parking space. Wheel stops will be not
permitted.
3.
The Director of Community Development may recommend additional conditions
of approval as ultimately deemed necessary by the Planning Commission
and/or City Council.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 1557 and 1733.
[Ord. #1971, § 1]
The purpose and intent of this section is to promote commerce,
traffic safety and community identity while improving the quality
of the visual environment through establishment of sign regulations
that:
a.
Contribute to implementation of the City's Comprehensive General
Plan.
b.
Improve the appearance of the community by regulating the design,
location and maintenance of signs.
c.
Protect the health, safety and welfare of the community through elimination
of visual blight and traffic and safety hazards caused by excessive
and confusing signs.
d.
Facilitate straightforward sign permitting and promote sign standards
that identify businesses and premises without confusion.
[Ord. #1971, § 1; Ord. #2179, § 1]
The definitions listed below shall be used in interpreting the
provisions of this section. Where no definition exists, the definitions
found in commonly accepted planning source material shall prevail.
Shall mean a freestanding, moveable sign usually supported
by two upright sign faces (also known as a "sandwich board").
Shall mean a sign whose use has ceased or been discontinued
for a period of 90 consecutive days or which identifies a business
or activity that has not occupied the premises for a period of 90
consecutive days.
Shall mean a sign whose copy refers to the products, facilities
or services available on the premises.
Shall mean the placement of a street number which identifies
the street mailing address of a business or residence. It may also
include the street name for additional clarity.
Shall refer to advertising structures and to signs placed
for off-site outdoor advertising purposes on advertising structures.
Shall mean a three-dimensional imitation or representation
of a person or thing which is designed to promote or represent a commercial
enterprise.
Shall mean a structure of any kind or character erected,
used, or maintained for off-site outdoor advertising purposes, upon
which any poster, bill, printing, painting, or other advertisement
of any kind whatsoever may be placed.
Shall mean a sign which uses movement, lighting or special
materials to depict action, movement or rotation.
Shall mean the administrative, appointed or legislative agent
or body with primary responsibility for approval of a sign permit.
Shall mean an interdepartmental board established by the
City to review and evaluate new projects to ensure that they meet
the highest standards for design and construction.
Shall mean the inclusion in a sign of any sound emitting
mechanism or production of sound from a sign.
Shall mean a sign that is mounted or painted on or attached
to the vertical surface or flap of an awning or canopy.
Shall mean a nonpermanent sign composed of fabric, plastic,
paper or other lightweight material which contains advertising copy
and is attached to a building, pole, frame or vehicle.
Shall mean a sign displayed on a transit bench or on any
surface of a transit enclosure.
Shall mean a sign, excluding a supergraphic sign, which advertises
goods, products, services or facilities not sold, produced, manufactured
or furnished on the premises on which the sign is located (also known
as outdoor advertising, off-premises sign or off-site sign).
Shall mean that portion of a main building most nearly parallel
to a street or parking area.
Shall mean sign copy, including logo, used to identify the
name and address of a premises, business, building or portion of building
upon which it is located, and which includes no other information.
Shall mean a sign in which a business or occupant's name,
address, phone number or hours of operation are provided, but which
contains no advertising copy.
Shall mean a sign contained within a structural casing or
canister, often composed of sheet metal or aluminum, covered by glass,
plastic or similar material upon which the sign copy is affixed, and
which may be internally illuminated (also known as a "canister sign").
See "awning sign."
Shall mean a sign containing the name and/or primary occupants
of a multi-tenant center (also known as a "multi-tenant sign").
Shall mean a sign in which the copy/text may be manually
changed or rearranged without altering the face or surface of the
sign.
Shall mean individual letters or figures affixed to a building,
raceway or other sign structure.
Shall mean a temporary noncommercial sign, posted to advertise
a civic event sponsored by a public agency, school, church, civic-fraternal
organization or similar civic organization.
Shall mean The Compton Municipal Code.
Shall mean a permit approved by the Planning Commission at
an advertised public hearing for specified types of signs which are
not automatically permitted by the Code.
Shall mean a temporary sign erected on a parcel where construction
is taking place, limited to the duration of the construction, indicating
the names of the architects, engineers, contractors, owners, financial
supporters, sponsors and similar individuals or firms having a major
role or interest in the project.
Shall mean the actual area of sign copy applied to any background
including any lettered, written, pictorial or other visual sign unit
displayed for the purpose of conveying a message.
Shall mean an on-premises sign limited to directional messages
principally to facilitate safe movement of pedestrian or vehicular
traffic, such as "one-way," "entrance" or "exit."
Shall mean a sign listing the tenants or occupants of a building
or group of buildings which may contain suite numbers, names and logos
but no advertising copy.
Shall mean a single sign structure with copy on both sides.
Shall mean the bottom of the roof eave or parapet.
Shall mean a sign or sign structure in which electrical wiring,
connections or fixtures are used.
Shall mean a changeable message sign consisting of a matrix
of lamps which are computer controlled (excluding time/temperature
signs).
Shall mean a sign placed temporarily by or with permission
of a public safety agency to protect life and property in the case
of fire, flood, explosion or other threat to public safety.
Shall mean visible exterior building walls, including parapet
walls.
Shall mean the portion of the advertising structure that
contains any poster, bill, printing, painting or other advertisement
of any kind whatsoever.
Shall mean a horizontal band covering the joint between the
top of a wall and the projecting eaves.
Shall mean ribbons, tinsel, small flags, pinwheels, pennants,
small balloons and similar items composed of fabric, plastic, paper
or other light materials which are mounted to allow movement by the
atmosphere and to attract the attention of the public (excluding official
government flags).
Shall mean a light or message that changes more often than
once every four seconds. The illumination or the appearance of illumination
resulting in a change of message or advertising copy is not the use
of flashing, intermittent, or moving light, unless it changes more
often than once every four seconds.
Shall mean a permanent sign not affixed to a building, including
ground signs, pole signs, pylon signs and monument signs.
Shall mean a divided arterial highway for through traffic
with full control of access and with grade separations at intersections.
Shall mean a promotional activity not exceeding 30 consecutive
calendar days which occurs within two months of the establishment
of a new business to inform the public of its location and product
or service. Grand openings do not include annual or occasional promotions.
Shall mean a very low profile, freestanding sign oriented
parallel to the ground, which maintains essentially the same height
throughout its length.
Shall mean the vertical distance from the natural grade beneath
a sign measured to the highest point of the sign, including embellishments.
Shall mean a sign designed to resemble the product or service
(e.g., donuts, keys or shoes) offered on the premises.
Shall mean a sign, advertising display or structure erected
or constructed without first complying with all ordinances and regulations
in effect at the time of its construction, erection or use; a nonconforming
sign which has exceeded its authorized amortization period; an abandoned
sign or any sign which is hazardous due to its location, physical
condition or lack of required maintenance.
Shall mean a sign lighted by or exposed to artificial lighting
either by lights on or in the sign or directed toward the sign.
Shall mean a small sign, emblem or decal providing information
to the public regarding services available on the premises, such as
credit cards, ATM availability, self service, cashier, etc.
Shall mean inflatable statuary, hot air balloons, captive
balloons or similar three dimensional inflatable objects designed
to convey information or advertise a location and mounted to allow
movement by the atmosphere and to attract the attention of the public.
Shall mean a vertically oriented sign, typically with multiple
faces, which is intended primarily to provide information to passersby.
Shall mean a sign which was legally established but no longer
conforms to the provisions of this section and (1) whose amortization
period has not expired or (2) whose continued use has been authorized
by the Planning Commission or City Council.
Shall mean a licensed, certified, copyrighted or trademarked
name, symbol, feature or trademark that represents a business, enterprise,
group or activity.
Shall mean in the case of a freeway, the traveled way of
each of the separate roadways for traffic in opposite directions.
Shall mean a sign located on a fixed, roofed structure which
projects from a building and which is designed to advertise changing
performances, attractions or events, either through manually placed
copy or electronically controlled lighting. Information presented
may be static or sequential, depending on the design of the copy system.
Shall mean a sign on the premises of a drive-thru restaurant
which identifies the type and cost of available food items.
Shall mean a low profile, freestanding sign with a solid
or primarily solid support base.
Shall mean a sign containing three or more faces.
Shall mean a sign which identifies or advertises more than
one business or activity within a single sign structure (also known
as a "center identification" sign).
Shall mean a display painted onto a wall or display base
which is designed and intended as a noncommercial decorative or ornamental
feature and which does not contain any advertising copy (also known
as "decorative graphic").
Shall mean a non-illuminated, on-premises sign which gives
only the name, address and/or occupation of an occupant or group of
occupants.
Shall mean a sign which utilizes neon or other gases with
translucent tubing in or on any part of the sign structure.
Shall mean a sign which is applied with paint or a similar
coating directly on the surface of a wall, building, display base
or sign structure.
Shall mean a freestanding sign mounted above the ground on
a single pole structure, typically centered on the pole (excludes
directional signs six feet or less in height).
Shall mean a temporary sign used in connection with a local,
State or national election or referendum.
Shall mean a moveable sign which is designed to be easily
moved and is not permanently attached to the ground or a building.
Portable signs include A-frame signs, portable reader-boards and similar
signs.
Shall mean a parcel of land and its improvements including
buildings which is individually identified with a specific business.
Shall mean a sign which is attached to and projects from
the exterior wall of a building where the display surface of the sign
is not parallel to the wall of the structure to which it is attached.
Shall mean a sign erected on a temporary basis to promote
the sale of new products, new management, new hours of operation,
a new service or a special sale.
Shall mean a freestanding sign which is designed in a "gateway"
format, with a double support structure and a connecting, thematically
integrated panel on which is typically placed copy and/or a logo to
mark the name identification of a major business, center or facility.
Double pylon signs are architectural or decorative in character to
emulate gateways.
Shall mean a freestanding sign which is incorporated into
a single, vertical structure on which is typically placed copy and/or
a logo to mark the name identification of a major business, center
or facility. Single pylon signs are decorative in character to emulate
the form of a monument.
Shall mean a channel attached to a building which provides
a mounting surface for a facade sign and which generally contains
the electrical connections for illumination.
Shall mean a temporary sign that relates to the sale, lease
or rental of property or buildings on the premises on which it is
located.
Shall mean a sign that is mounted on the roof of a building
or that is dependent upon a building for support and/or that projects
above the top walk or edge of a building with a flat roof, the eave
line of a building with a gambrel, gable or hip roof or the deck line
of a building with a mansard roof.
Shall mean an object, device, display or structure, or part
thereof, situated outdoors or indoors, which is used to advertise,
identify, display, direct or attract attention to an object, person,
institution, organization, business, product, service, event or location
by any means, including words, letters, figures, design, symbols,
fixtures, colors, illumination or projected image.
Shall mean the exterior surface of a sign, exclusive of structural
supports.
Shall mean a permit issued by the Department of Building
and Planning for installation of a sign.
Shall mean a comprehensive plan that addresses all signs
within a site that is designed to achieve aesthetically appealing
and compatible signage for projects with major roadway exposure, multiple-signage
requirements or complex or unusual signage needs.
Shall mean the structural supports, uprights, bracing and
decorative skirting for a sign.
Shall mean 660 feet measured from the edge of the right-of-way
horizontally along a line perpendicular to the centerline of the highway.
Shall mean the linear measurement of a lot's property line
where it abuts a public street, but not including alleys, railroads,
flood control channels or similar areas.
Shall mean a sign, consisting of an image projected onto
a wall or printed on vinyl mesh or other material with or without
written text, supported and attached, to a wall with an adhesive,
stranded cable and eye bolts or other materials or methods which covers
more than 20% of a wall, building, facade or other structure.
Shall mean a sign, generally constructed of paper, cloth,
canvas or other similar lightweight material, with or without a frame,
intended to be used for a limited period of time.
Shall mean a sign which communicates time and temperature
information in digital or analog fashion, frequently in connection
with business logo or identification copy.
Shall mean a sign suspended beneath a projecting canopy,
awning, ceiling or marquee.
Shall mean a sign which is attached to or painted on a vehicle
the principal purpose of which is to attract attention to a product
or provide directions to an activity or business.
Shall mean a sign which is attached parallel to and projects
no more than 12 inches from the exterior wall of a building, building
facade, perimeter wall or fence.
Shall mean a sign, picture, text or symbol designed to communicate
information about an activity, business, commodity, event, sale or
service that is placed in or on, or is visible from, the exterior
of a window.
[Ord. #1971, § 1; amended10-26-2021 by Ord. No. 2339 ]
The following regulations shall apply to all signs and advertising
structures unless specifically exempted by this section:
a.
Licenses and Codes. Sign design, construction and installation shall
comply with the following minimum requirements:
1.
No sign, including a copy change or temporary sign, shall be constructed,
displayed or altered without a sign permit approved by the City. All
signs, sign copy, logos, colors and materials shall be reviewed and
approved by the Architectural Review Board prior to fabrication, unless
otherwise exempted by this section.
2.
All signs, and all parts, portions and materials thereof, shall be
manufactured, assembled and erected in compliance with the California
Building Code and all applicable City, State and Federal regulations.
3.
All proposed signage, sign plans and sign programs shall be in substantial
conformance with the guidelines, standards and criteria contained
in the Compton Design Manual.
4.
All sign contractors shall maintain a valid and current license with
the City and the State of California.
b.
Premises Identification. All premises, whether residential, commercial,
industrial or institutional, shall provide signage identifying the
location for the benefit of emergency services and the public. The
following information shall be provided:
1.
All buildings, including residential structures, shall be identified
by street address numbers. All street addresses shall be in English
lettering and numbering.
2.
Business names shall be provided, but need not be in English if the
type of business is readily identifiable and the Roman alphabet is
used. Signs for a business which is not readily identifiable or uses
a non-Roman alphabet must contain alternate identification in English.
Alternate identification shall be clearly visible from adjacent public
rights-of-way and contain the name of the business in lettering a
minimum of 12 inches in height or 1/3 the size of the non-Roman lettering,
whichever is greater. Accessory signs, such as window signs, need
not be in English.
c.
Sign Maintenance. Every sign, including temporary signs, banners,
flags, spinners and signs specifically exempt from the permit requirements
of this section, shall be properly maintained and kept in good repair.
1.
Signs, sign frames and sign supports shall be kept clean, neatly
painted and free from rust, corrosion and graffiti.
2.
Defective parts shall be replaced and cracks, broken surfaces, malfunctioning
lights, missing sign copy or other unmaintained or damaged portions
of a sign shall be repaired or replaced within 30 calendar days following
notification by the City.
3.
When a business vacates a premises or discontinues a product or service
all applicable signage must be removed within 30 calendar days. The
underlying facade surface shall be patched and repainted. Canister
sign frames and raceways may remain provided that they are equipped
with a blank face which screens internal lighting and mounting materials.
[Ord. #1971, § 1; Ord. #2021, § 1; Ord.
#2101, § 16; Ord. #2155, § 5; Ord. #2179, § 1]
Table 30-22.A provides a list of permitted and prohibited signs by zone. Figure 30-22.1 illustrates sign types, as defined in subsection 30-22.2, which are permitted. Figure 30-22.2 illustrates sign types, as defined in subsection 30-22.2, which require a conditional use permit. Figure 30-22.3 illustrates sign types, as defined in subsection 30-22.2, which are prohibited. Signs not contained in this matrix or otherwise addressed herein shall be considered as prohibited.[1]
a.
Exempt Signs. The following signs are exempt from the sign permit
requirement of this section provided they meet the development standards
contained therein:
1.
Apartment identification signs with a maximum sign area of 12 square
feet and a maximum height of four feet (if freestanding), limited
to one sign per street frontage.
2.
Civic event and public service signs with a maximum sign area of
12 square feet.
3.
Cornerstones, memorial signs and plaques, not to exceed four square
feet or four per building.
4.
Directional and parking lot signs with a two square foot maximum
sign area and four foot height limit, limited to one sign per entrance.
5.
Holiday signs, lights, flags, banners, pennants and balloons in residential
zones provided they are removed following the close of the holiday
period.
6.
Incidental signs such as credit card, trading stamp, trade association,
service station informational or similar signs not exceeding one square
foot each.
7.
Neighborhood Watch signs authorized by the City not exceeding six
square feet, limited to one sign per block.
8.
Nonilluminated window signs no more than three square feet in size
which identify a business, hours of operation, address and emergency
information.
9.
Notices posted by a utility or other quasi-public agency in the performance
of a public duty or by any person giving due legal notice.
10.
Official flags of government jurisdictions, except when displayed
for commercial promotion.
11.
Official notices of any court, public body or officer.
12.
Real estate (including open house) signs, construction signs (with
valid building permit) and future occupant signs restricted to one
sign per street frontage, no more than six square feet in size and
six feet in height in residential zones and 30 square feet in size
and eight feet in height in all other zones. Signs must be removed
at close of escrow, completion of construction or when the site is
occupied.
13.
Residential or commercial nameplates, street address or identification
signs with a maximum sign area of one square foot located at a door,
loading dock or entrance facing a public street.
14.
Seasonal decorations for commercial uses which do not include advertising.
Christmas decorations may be installed at any time during the month
of November and December, and must be removed within the first week
of January.
15.
Signs within a structure not visible from the outside.
16.
Subdivision directional signs advertising the location of a subdivision
within the City when located within 100 feet of a major highway. A
maximum of five such signs, no more than 50 square feet in size, shall
be permitted provided the written permission of the property owners
of the property where the signs are to be placed is submitted to the
Department of Building and Planning prior to installation.
17.
Transit seating signs and public information, timetables, directional
and warning signs erected by a public agency or nonprofit organization.
18.
Window price signs located on individual vehicles located within
a lot licensed by the City for sale of the vehicle.
19.
Window signs applied to the interior of the window, with maximum
coverage of 25% of window area and elevated at least 42 inches above
the interior floor. A maximum of two neon signs shall be permitted
on any facade.
20.
City sponsored signs and murals subject to Architectural Review Board
approval.
b.
Prohibited Signs. The following signs and/or sign structures are
prohibited and are illustrated in Figure 30-22.3:[2]
1.
Signs which by size, location, movement, content, coloring or illumination
resemble or conflict with any traffic control sign or device or emergency
or road equipment vehicle, or obstruct a clear view of traffic or
street signs or pedestrian or vehicular traffic.
2.
Signs on public property or which encroach into or over a public
right-of-way except when authorized by the appropriate government
agency.
3.
Signs which rotate, move, glare, flash, reflect, blink or appear
to do any of the foregoing or which emit sound, odor or visible matter
which could serve as a distraction to drivers or pedestrians. This
paragraph shall not apply to time and temperature signs or readerboards
or marquees authorized by the approval of a conditional use permit.
4.
Signs advertising an on-site activity, business, service or product
no longer conducted or sold on the premises.
5.
Signs, including roof signs, that exceed the height of the building
roofline or architecturally integrated parapet wall, except for approved
freestanding signs.
6.
Signs or their support structures which obstruct any fire escape,
stairway, exterior door or required exit, access, light or ventilation.
7.
Signs that display a message or graphic representation that is lewd,
indecent or otherwise offensive to public morals.
8.
Business or advertising signs located on, or affixed to, trucks,
automobiles, trailers, carts or other vehicles for the purpose of
displaying such signs whether parked on public or private property.
This paragraph shall not apply to permanent signs on commercial vehicles
lawfully operated where such signs are inherent to the vehicle and
designed for identification and not advertising.
9.
Portable, folding, A-frame and similar signs.
10.
Signs advertising home occupations.
11.
Signs using colors in the fluorescent "day-glo" color spectrum.
12.
Signs supported by trees, rocks, bridges, utility poles, dilapidated
buildings, structures, fences or vehicles.
13.
Signs painted on building exteriors (excluding windows and awnings)
or on panels attached to building exteriors.
14.
Billboards and off-site advertising displays other than those located
in a B-O Zone.
15.
Pole signs.
16.
Signs not specifically authorized by this section.
[2]
Editor's Note: The figure referred to herein may be found
at the end of this subsection.
c.
Existing Signs. Within 120 days from the date of adoption of this
section, the City shall commence a program to inventory and identify
signs which were illegal, abandoned or nonconforming pursuant to prior
ordinances and signs which became nonconforming due to the enactment
of this section. Thereafter, the City shall conduct a public hearing
in accordance with Section 5491.1 of the California Business and Professions
Code to determine whether there is a continuing need for these regulations
to apply to existing signage.
d.
Illegal Signs. Signs or advertising displays which were erected without first complying with all ordinances and regulations in effect at the time of erection or which have been abandoned or are inadequately maintained or have exceeded an authorized amortization period shall be considered illegal signs and shall be subject to abatement in accordance with subsection 30-22.8.
e.
Nonconforming signs. A legally established sign which fails to conform
to the provisions of this section shall be considered legally nonconforming.
Legally nonconforming signs shall be regulated as follows:
2.
Sign copy and sign faces may be changed on legally nonconforming
signs when no change in location or structural alteration is proposed.
3.
The existence of a legally nonconforming freestanding or wall sign
shall not prevent the installation of another conforming sign provided
that total combined signage will not exceed the maximum permitted
for the site.
4.
Any legally nonconforming sign may be required to be brought into
conformance with this section in conjunction with a Community Redevelopment
Agency project or approval of a sign program or conditional use permit.
5.
All legally nonconforming signs are subject to all requirements of
this section regarding safety, maintenance and repair.
6.
Signs which are legally nonconforming shall either be removed or brought into conformance with the requirements of the Code within three years from the date the City Council completes its hearing and confirms that there is a continuing need for the enactment of this section. The amortization period for nonconforming signs may be extended through the approval of a conditional use permit by the Planning Commission in accordance with subsection 30-22.5d.
|
Table 30-22A
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
Signs Permitted By Zone
| |||||||||
|
Sign Type
|
R-A
|
R-L
|
R-M
|
R-H
|
C-L
|
C-M
|
M-L
|
M-H
|
B-O
|
|
A-Frame
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Address
|
E
|
E
|
E
|
E
|
E
|
E
|
E
|
E
|
X
|
|
Audio
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Balloons (small helium filled)
|
X
|
X
|
X
|
X
|
T
|
T
|
T
|
T
|
X
|
|
Banner
|
X
|
X
|
X
|
X
|
T
|
T
|
T
|
T
|
X
|
|
Bench
|
X
|
X
|
X
|
X
|
P
|
P
|
P
|
P
|
X
|
|
Billboard
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
P
|
|
Business Identification
|
S
|
S
|
S
|
S
|
P
|
P
|
P
|
P
|
X
|
|
Canopy (Awning)
|
X
|
X
|
X
|
X
|
P
|
P
|
P
|
P
|
X
|
|
Center Identification
|
X
|
X
|
X
|
X
|
P
|
P
|
P
|
P
|
X
|
|
Construction
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
X
|
|
Directional
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
X
|
|
Directory
|
X
|
X
|
X
|
X
|
P
|
P
|
P
|
P
|
X
|
|
Emergency
|
E
|
E
|
E
|
E
|
E
|
E
|
E
|
E
|
X
|
|
Facade (Wall)
|
S
|
S
|
S
|
S
|
P
|
P
|
P
|
P
|
X
|
|
Flag (National)
|
E
|
E
|
E
|
E
|
E
|
E
|
E
|
E
|
X
|
|
Flags (Spinners, Festoons, etc.)
|
X
|
X
|
X
|
X
|
T
|
T
|
T
|
T
|
X
|
|
Flashing
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Ground
|
S
|
S
|
S
|
S
|
P
|
P
|
P
|
P
|
X
|
|
Holiday Decorations
|
E
|
E
|
E
|
E
|
E
|
E
|
E
|
E
|
X
|
|
Incidental
|
E
|
E
|
E
|
E
|
E
|
E
|
E
|
E
|
X
|
|
Inflatable
|
X
|
X
|
X
|
X
|
CUP
|
CUP
|
CUP
|
CUP
|
X
|
|
Kiosk
|
X
|
X
|
X
|
X
|
P
|
P
|
P
|
P
|
X
|
|
Marquee
|
X
|
X
|
X
|
X
|
CUP
|
CUP
|
CUP
|
CUP
|
X
|
|
Menu
|
X
|
X
|
X
|
X
|
P
|
P
|
P
|
P
|
X
|
|
Monument
|
S
|
S
|
S
|
S
|
P
|
P
|
P
|
P
|
X
|
|
Mural
|
X
|
X
|
X
|
X
|
P
|
P
|
P
|
P
|
X
|
|
Painted-on
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Pennant (Spinners, Festoons, etc.)
|
X
|
X
|
X
|
X
|
T
|
T
|
T
|
T
|
X
|
|
Pole
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Political Election
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
X
|
|
Portable
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Projecting
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Pylon
|
X
|
X
|
X
|
X
|
P
|
P
|
P
|
P
|
X
|
|
Real Estate
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
X
|
|
Roof
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Rotating
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Supergraphic
|
X
|
X
|
X
|
X
|
X
|
X
|
CUP
|
CUP
|
X
|
|
Temporary
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
X
|
|
Time & Temperature
|
X
|
X
|
X
|
X
|
P
|
P
|
P
|
P
|
X
|
|
Under Canopy
|
X
|
X
|
X
|
X
|
P
|
P
|
P
|
P
|
X
|
|
Vehicle
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Wall (Facade)
|
S
|
S
|
S
|
S
|
P
|
P
|
P
|
P
|
X
|
|
Window
|
X
|
X
|
X
|
X
|
E
|
E
|
E
|
E
|
X
|
|
Notes:
|
|---|
|
E = Exempt
|
|
P = Permitted
|
|
CUP = Conditional Use Permit
|
|
T = Temporary
|
|
X = Prohibited
|
|
S =Special Purposes
|
 Figure 30-22.1: Sign Type Illustrations: Permitted Signs
|
 Figure 30-22.1: Sign Type Illustrations: Permitted Signs
|
 Figure 30-22.1: Sign Type Illustrations: Permitted Signs
|
 Figure 30-22.1: Sign Type Illustrations: Permitted Signs
|
 Figure 30-22.2: Sign Type Illustrations: Signs Requiring
a Conditional Use Permit
|
 Figure 30-22.3: Sign Type Illustrations: Prohibited Signs
|
 Figure 30-22.3: Sign Type Illustrations: Prohibited Signs
|
[1]
Editor's Note: The figures and tables referred to herein may
be found at the end of this subsection.
[Ord. #1971, § 1; Ord. #2101, § 16; Ord.
#2179, § 1]
All new, altered or modified signs regulated by this section
shall require a sign permit.
a.
Sign Review. All sign permit applications shall be reviewed and approved
by the Architectural Review Board prior to issuance of a sign permit
except for the following:
1.
Changes to copy for legally existing signs where no other signage
change is proposed.
2.
New signs which conform to the provisions of a sign program previously
approved by the Architectural Review Board.
3.
Temporary signs and banners which conform to the provisions of this
subsection.
4.
Billboards within a B-O Zone.
b.
Sign Program. The purpose of the sign program shall be to integrate
signs with building and landscaping design to form a unified architectural
theme which conforms to the goals of the City's Comprehensive General
Plan.
1.
This shall be achieved by:
(a)
Using the same background colors and limiting the number of
sign colors per site.
(b)
Using the same type of cabinet supports, mounting methods, component
construction materials and illumination.
(c)
Using uniform sign placement and proportionate letter and logo
heights for large and small tenants.
2.
A sign program shall be required for the following projects:
(a)
New or substantially rehabilitated commercial, office and industrial
projects with three or more tenant spaces.
(b)
Changeable copy signs.
(c)
Banners, streamers, flags, spinners and other advertising displays
used on a permanent or rotating basis at multi-tenant centers of two
acres or more.
(d)
Existing sites with three or more business identification signs
where there is a request for a new, freestanding sign.
(e)
New signs on corner sites adjacent to major or secondary arterials.
(f)
Service stations.
(g)
All drive-thru businesses.
c.
Temporary Sign Permits. The following temporary signs are permitted.
1.
A temporary vinyl business identification sign for use by a business
actively in the process of obtaining permits for permanent signage
(six-month maximum).
2.
A sign advertising a temporary use approved by a temporary use permit.
3.
Banners advertising a promotional activity for a licensed business.
Promotional banners shall be limited to one banner per site for a
maximum of 30 days per permit. Such banners shall be affixed to the
facade of the building holding the promotion and shall be no more
than three feet in height.
4.
Special event signs for grand openings, sales, carnivals, parades
and charitable events for premises of less than two acres for a maximum
of 30 consecutive days every six months per calendar year. Streamers,
flags and spinners may be used in conjunction with special event signs.
5.
Supergraphic and inflatable advertising structures for a maximum
of 12 days per calendar year.
d.
Conditional Use Permits. A conditional use permit shall be required
prior to initiation of permit processing and subject to the permitted
use provisions of the base zone for the following signs:
1.
Advertising statuary.
2.
(Reserved)
3.
Murals and graphic designs more than 24 square feet in size.
4.
Hot air balloons, inflatable statuary and similar three-dimensional
airborne structures.
5.
Marquee signs.
6.
Extension of use for legally nonconforming signs.
7.
Signs representing technological innovations not addressed by this
section.
8.
Supergraphic signs.
e.
Sign Permit Approval. After an application for a sign permit has
been reviewed, the approving authority shall grant or deny the permit
in accordance with all of the following findings:
f.
Appeals. When an application for a sign permit is denied, the applicant
may submit an appeal requesting administrative review of the decision
by the Planning Director.
1.
All such appeals must be submitted, in writing, within 14 days of
permit denial.
2.
The Planning Director will review the sign application and determine
if the permit denial conformed to the provisions of this section.
The Planning Director may uphold, reverse or amend the decision of
the approving authority.
3.
The appellant shall be notified, in writing, of the decision of the
Planning Director.
[Ord. #1971, § 1]
Table 30-22.B provides standards for the type, number, aggregate
area, height and other standards applicable to permitted signs. In
addition to the information provided in the matrix, the following
standards shall apply:
a.
Basic Formula. The following formula contains the underlying assumptions
utilized in developing the matrix; it results in the maximum amount
of permitted signage and shall prevail in questions of interpretation:
1.
Facade Signs. Every premises shall be permitted one business identification
sign and four accessory signs for each facade which fronts on a street
or parking lot. Maximum aggregate sign area shall be 1 1/2 square
feet for each lineal foot of building frontage, not to exceed 200
square feet per facade in commercial zones and 300 square feet in
manufacturing zones.
2.
Freestanding Signs. Freestanding signs shall be monument, ground
or decorative pylon in style and shall be permitted as follows:
(a)
Individual premises with 150 or more lineal feet of street frontage
shall be permitted one business identification monument sign for each
qualifying street frontage, not to exceed two. Such signs shall be
no more than 32 square feet in size and eight feet in height.
(b)
Multi-tenant premises (three or more separate occupants) with
a street frontage of 200 lineal feet or more shall be permitted one
center directory sign. Maximum individual sign area shall be four
tenths of a square foot (0.4 square feet) for each lineal foot of
street frontage, not to exceed 120 square feet. The sign area for
signs which include noncommercial center identification may be increased
a maximum of 25%, not to exceed 30 square feet, to be used exclusively
for the center name. The maximum height of a multitenant sign shall
be 20 feet or the height of the nearest building, whichever is less.
See Figure 30-22.4.
 Figure 30-22.4: Multi-tenant Signs -Area Calculation
|
(c)
Premises with 300 or more lineal feet of freeway or freeway
exposed frontage shall be permitted one monument or pylon sign 35
feet in height and no more than 160 square feet in size in lieu of
a business identification or center identification sign.
b.
Sign Design. All signs shall be designed and constructed so that
they are proportional to the wall area, building facade and lot area
where they will be displayed. In addition to the guidelines and criteria
contained in the Compton Design Manual, the following standards shall
apply:
1.
Sign colors and materials should be selected to be compatible with
the existing building designs and should contribute to legibility
and design integrity.
2.
Sign colors and materials should be selected that provide a contrast
to, but do not clash with, the background color and the lettering.
3.
All lettering shall be restricted to the sign area. No projections
above or below the sign area will be permitted.
4.
Individual signs should be designed to be simple, direct and concise,
with limited use of color and no more than two rows of lettering.
Design flexibility may be granted by the Architectural Review Board
for registered trademarks and logos.
5.
No more than three brand names or business trademarks shall be used
on any one permanent sign.
6.
Logos and trademarks may be mounted separately from the business
identification sign.
7.
All signs shall be constructed of permanent materials, including metal, Plexiglas, lexan, wood (excluding plywood), acrylic or other comparable durable materials. Facade signs should be constructed of individualized channel letters. Where the use of channel letters would be incompatible with existing signage design, the Architectural Review Board may authorize alternative compatible sign materials provided the alternative is part of an approved sign program and complies with the findings contained in subsection 30-22.5e.
8.
In order to facilitate proportional signage and design integrity
the Architectural Review Board may approve modifications to the standards
contained in this section not to exceed 10% of any such standard.
c.
Sign Location. All signs, unless otherwise provided for in this section,
shall be erected upon the premises or property occupied by the person
or business identified by the sign and must meet the following standards
for location within a site:
1.
All freestanding signs shall be located within a landscaped area
or planter base with an area no less than four times the area of the
largest sign face.
2.
No freestanding sign shall be located within 100 feet of any other
freestanding sign on the same premises.
3.
All freestanding signs shall be located a minimum of five feet from
any property line.
4.
No freestanding sign shall be located within a required rear or interior
side yard setback.
5.
No sign shall be constructed in a location that will restrict or
interfere with traffic circulation or pedestrian or vehicle visibility
or in any way represent a hazard to on-site or off-site traffic.
6.
Signs may not be located within a vision clearance area.
(a)
Vision clearance areas are triangular-shaped areas located at
the intersection of any combination of streets, alleys or driveways.
The sides of the triangle extend 15 feet from the intersection of
the vehicle travel areas (see Figure 30-22.5). The height of the vision
clearance area ranges from 42 inches above grade to 10 feet above
grade (see Figure 30-22.5).
 Figure 30-22.5: Vision Clearance Area
|
(b)
Support structures for a sign may only be located in a vision
clearance area if the combined total width is 12 inches or less and
the combined total depth is 12 inches or less.
7.
Sign area may not be transferred to non-qualifying frontage nor combined
or consolidated with or on any qualifying frontage.
d.
Sign Illumination. Lighting devices on or directed toward signs shall
not create glare, conflict with vehicular traffic or spillover to
adjacent land uses. Signs may be internally or externally illuminated.
The following limitations shall apply to all lighted signs:
1.
Except for low-intensity, internally illuminated directory or address
signs, illuminated signs shall be prohibited in residential zones.
2.
Sign illumination shall not result in glare being directed toward
surrounding properties.
3.
Exterior lighting directed at a sign shall be shielded to insure
that the light is projected only upon the sign.
|
Table 30-22.B.1
Sign Matrix
| |||
|---|---|---|---|
|
Sign Type
|
Maximum Number
|
Maximum Area
|
Other
|
|
Facade: Wall or Canopy
| |||
|
Business Identification
|
1 per street or parking lot frontage
|
1.5 s/f per lineal foot of frontage, not to exceed 200 s/f in
"C" zone or 300 s/f in "M" zone
|
Maximum area applies to aggregate of all facade signs
|
|
Accessory
|
4 per street or parking lot frontage, with a maximum of 8 installed
on no more than 2 facades
|
25% of the size of the business identification sign per accessory
sign
|
Maximum 1 line copy, 1 product or service per sign
May not project above height of primary sign or first floor
|
|
Under Canopy
|
1 sign per primary business entrance
|
8 s/f
|
Name/address/product only
In lieu of an accessory sign
|
|
Free Standing Signs*
| |||
|
Business Identification: Monument
|
1 sign for each street frontage of 150 feet or more; not to
exceed 2
|
32 s/f
|
Maximum height: 8 feet
|
|
Center Identification: Monument/Pylon
|
1 sign only per center with 200 feet or more of street frontage
located on a single street
|
0.4 s/f for each lineal foot of frontage, not to exceed 120
s/f plus 0.1 s/f for each lineal foot for a non-commercial center
name, not to exceed 30 s/f
|
Maximum height: 20 feet or height of nearest building, whichever
is least
|
|
Freeway Adjacent: Pylon (single or double)
|
1 sign only per location with 300 feet or more of freeway/overpass
frontage
|
160 s/f
|
In lieu of freestanding sign
Maximum height: 35 feet
|
|
Special Purpose Signs
| |||
|
Monument or Wall: Outside Storage Yards, Car Lots,
Auto Repair Garages
|
1 sign per street frontage, not to exceed 2
|
32 s/f
|
Limited to fenced locations where buildings are not readily
visible from the street. Maximum height: 6 feet
|
|
Monument: Service Stations
|
1
|
24 s/f for business identification, 8 s/f for price information
|
Limited to service stations with less than 150 feet of frontage.
Maximum height: 8 feet
|
|
Free-Standing: Drive-Thru Menu/Order Board
|
2 per drive thru lane
|
30 s/f
|
Maximum height: 7 feet
|
|
Wall/Kiosk: Directory Signs/Multiple Tenant Centers
|
1 wall sign per building entrance or 1 kiosk, but no more than
2, per pedestrian concourse
|
12 s/f per sign face
|
Maximum height: 6 feet
|
|
Advertising Benches:
|
1 per front and rear of bench backrest
|
75% of backrest
|
Subject to review and approval of Public Works Dept.
|
|
Monument or Wall: Identification Signs/Churches,
Institutions & Mobile Home Parks and Licensed Nonconforming Businesses
in Residential Zones
|
1 per street frontage
|
12 s/f for wall sign, 24 s/f for monument sign
|
Maximum height: 6 feet
|
|
Pennants or Flags
|
1 per lineal foot of street frontage
|
100 s/f and 200 lineal feet
|
Maximum size: 2 s/f for pennants; 12 s/f for flags
|
|
Wall: Mural or Decorative Graphic
|
1 per business entrance
|
24 s/f
|
Permitted as part of sign program only
Nonresidential zones only
|
|
*
|
Must be in landscaped planter. Must be 100 feet from any other
freestanding sign, 5 feet from any property line. May not be in required
rear or side yard.
|
[Ord. #1971, § 1]
The following standards shall be used to determine the size,
area, height and dimensions for signs and sign components:
a.
Sign Face Area. The area of a sign shall be calculated as follows:
1.
Sign Cabinets. The area of a sign face enclosed in a frame or cabinet
is determined by the outer dimension of the frame or cabinet. See
Figure 30-22.6.
 Figure 30-22.6: Sign Cabinet Area
|
2.
Two-Sided Signs. When the faces of a two-sided sign are parallel
or within 10° of parallel, only one side is counted. If the sign
faces are not parallel or within 10° of parallel, each side is
considered one sign face and both sides are counted.
3.
Multiple Cabinets. If a sign consists of more than one module or
cabinet the area is calculated by adding the individual cabinets.
Freestanding signs which contain multiple cabinets on one structure
oriented in the same direction shall be calculated by combining the
sign area of each cabinet.
4.
Round or Oval Signs. The area shall be that of the smallest rectangle
that will wholly contain the sign.
5.
Irregularly Shaped Signs. The area shall be that of the smallest
trapezoid that will wholly contain the sign.
6.
Signs on a Base Material. When a sign is on a base material and attached
without a frame, such as wood board or Plexiglas panel, the dimensions
of the base material panel are to be used.
7.
Individual Elements. When signs are constructed of individual elements
such as freeformed logos and independent channel letters attached
to a building, wall or base material, the sign area shall be calculated
by enclosing the independent symbols and/or letters in the sign text
within a square, rectangle or circle and computing the area of that
geometric shape. Refer to Figure 30-22.7 for an illustration of sign
area calculations for individual elements.
 Figure 30-22.7: Sign area calculations for individual
elements
|
8.
Awnings and Canopies. When signs are incorporated into awnings and
canopies, the sign area is determined by computing the area of an
imaginary rectangle drawn around the sign text or face.
b.
Height of Signs. Permanent and temporary signs shall meet the following
height standards:
1.
No sign shall extend above the eave line or parapet of the building
on which it is located.
2.
Signage on multiple-story buildings shall be restricted to the third-story
ceiling level and below, except for high-rise identification signs
which shall be located upon the wall area above the highest story
of the building and below the parapet or roof line.
3.
The overall height of the sign or sign structure shall be measured
from the ground (existing grade, excluding any filling, berming or
mounding) directly below the sign to the highest point of the sign
or sign structure. See Figure 30-22.8.
c.
Sign Clearance. Sign clearance is measured from the ground directly
below the sign to the bottom of the sign structure enclosing the sign
face. See Figure 30-22.8.
1.
All signs placed adjacent to or suspended above any pedestrian walkway
shall have a minimum vertical clearance of eight feet.
2.
All signs suspended over any roadway, driveway, alley or other vehicle
travel way shall have a minimum vertical clearance of 15 feet.
 Figure 30-22.8: Sign Height and Clearance
|
d.
Determination of Frontage. The amount of street/parking lot frontage
shall be based on the length of the exterior primary building wall
for each occupant's ground floor tenant space.
1.
Frontage for single-tenant buildings shall be calculated using the
entire applicable exterior wall.
2.
Frontage for multiple-tenant buildings shall be calculated using
the applicable exterior wall area located between the interior "party
walls" which separate one tenant from another.
3.
When walls are not parallel to a street/parking lot they shall be
assigned to the frontage to which they are most oriented.
4.
Diagonal corner signs that face more than one street/parking lot
must be assigned to a building and street/parking lot frontage by
the applicant. The sign must meet all standards for the building and
street/parking lot frontage to which it is assigned.
e.
Determination of Signage Component Dimensions. The sign area of individual
letters shall be centered on the fascia or wall vertically and horizontally,
unless otherwise approved by the Architectural Review Board.
1.
When computing maximum aggregate facade sign area all facade signs,
including logos, trademarks, canopy and accessory signs, shall be
included.
2.
Maximum height and width of a wall sign shall not exceed 75% of the
applicable building fascia. See Figure 30-22.9.
 Figure 30-22.9: Maximum Fascia Sign Dimensions
|
3.
There shall be a minimum clearance of 30% of the height of the largest
letter, but no less than six inches, above and below each line of
copy, whichever is greater. See Figure 30-22.10.
 Figure 30-22.10: Sign Lettering
|
4.
Minimum and maximum letter size shall be determined by the Architectural
Review Board based on fascia height, street frontage and building
setback.
5.
Logos may not exceed 25% of allowable sign area. The City acknowledges
the jurisdiction of Federal law regarding registered logos. If challenged
on this basis, proof of Federal registration shall be required.
[Ord. #1971, § 1]
Signs which are abandoned, hazardous, broken, inadequately maintained,
have exceeded an authorized amortization period or are otherwise not
in compliance with this section are illegal signs and represent a
danger to the health, safety and welfare of the community. They are
hereby deemed to be a public nuisance maintained in violation of the
Code and subject to abatement.
a.
Abatement Procedures. This paragraph sets forth procedures which
may be used by the City to cause the removal or correction of illegal
on-site signs. This paragraph does not establish the exclusive procedure
for abating such signs. As an alternative the City may use any procedure
established for abatement of a public nuisance or a Code violation
or those procedures set forth in the California Business and Professions
Code, Sections 5499.1 et seq., for sign abatement.
1.
When the City identifies an illegal sign it shall notify the tenant,
business and/or property owner that a violation exists and that abatement
is required.
2.
The notice shall be provided by registered or certified mail and
shall be posted in a conspicuous location on the property. The notice
shall contain the following:
3.
The notice shall require that the sign be abated, either by removal
or compliance with the provisions of this section, within 30 days
from the date of the notice.
4.
The notice shall advise the tenant, business owner and/or property
owner that, if the violation is not abated within 30 days, the City
will remove the sign.
5.
The notice shall advise the tenant, business owner and/or property
owner that an appeal of the notice may be submitted, in writing, to
the Planning Director prior to the expiration of the thirty-day abatement
period. When a notice to abate is appealed the abatement process shall
be suspended until a decision on the appeal has been rendered.
6.
Signs removed by the City pursuant to this subsection shall be stored
for a period of 30 days, during which time they may be recovered by
the owner upon payment to the City for costs of removal and storage.
If not recovered prior to expiration of the thirty-day period, the
sign and supporting structures shall be declared abandoned and title
thereto shall vest to the City.
7.
All costs incurred by the City in the removal and abatement of abandoned,
hazardous or illegal signs shall be the responsibility of the property
owner and if unpaid shall represent a lien against the property.
b.
Appeal. Within 30 days after receipt of an appeal of a notice to
abate the Planning Director shall conduct an administrative hearing
to:
1.
Determine whether the sign in question is a sign subject to abatement
pursuant to this Code; and
2.
If it is determined that the sign is subject to abatement, establish
a time frame for abatement; and
3.
If the sign is to be abated by removal, determine if the sign was
designed, constructed, created, intended or engineered to have a useful
life of 15 years or more and is eligible for compensation in accordance
with Section 5491 and 5495 of the California Business and Professions
Code.
|
The appellant shall be notified, in writing, of the decision of the Director. The decision of the Director may be appealed to the Planning Commission through the submittal of an application for a variance in accordance with Section 30-27 of this Chapter.
|
c.
Abatement of Signs in Public Right-of-Way and Unsafe Signs. The City
may, notwithstanding any other provisions of this subsection, summarily
abate, through immediate removal, any sign located within a public
right-of-way or any sign deemed to pose an immediate threat to the
public health or safety.
[Ord. #2179, § 1]
a.
Notwithstanding any other provision of the Zoning Code, off-site
outdoor advertising displays shall be allowed in all B-O Zones, on
any size parcel, whether public or private property, subject to the
following criteria:
1.
The advertising display shall be included as part of a disposition
and development agreement, owner participation agreement, lease agreement
or other agreement ("City Agreement") with the City or the Compton
Redevelopment Agency ("CRA") and the City Agreement contains performance,
one time fee, or ongoing revenue provisions that allow the City or
the CRA to undertake projects, programs, or other activities that
improve the visual environment in a redevelopment project area.
2.
The advertising display shall be placed within the specified B-O
Zone and within 660 feet from the edge of the right of way of a freeway.
3.
No advertising display shall be placed within 600 feet from another
advertising display on the same side of any portion of a freeway.
In addition to the spacing requirement, no more than five billboards
shall be placed between Acacia Avenue and S. Wilmington Avenue on
the north side of the freeway and no more than four billboards shall
be placed on the south side of this freeway section. In addition to
the spacing requirement, no more than four billboards shall be placed
between S. Wilmington Avenue and Central Avenue on the north side
of this freeway section and no more than four billboards shall be
placed on the south side of this freeway section.
4.
Notwithstanding any other way to measure the sign height per the
Zoning Code, the advertising structure shall not exceed the height
of 60 feet as measured from either the finished grade under the sign
or from the freeway grade, whichever is higher.
5.
No advertising structure shall have a facing that exceeds 672 square
feet, but it shall allow extensions of up to two feet on the sides
and 5.5 feet on the top, excluding base or apron supports and other
structural members. This paragraph shall apply to each facing placed
on an outdoor advertising structure. The advertising structure shall
be measured by the smallest square, rectangle, triangle, circle, or
combination thereof, which will encompass the entire advertisement
and is made based on the height and the length but not the depth of
the advertising copy.
6.
No advertising display may be placed that is so illuminated that
it interferes with the effectiveness of, or obscures any official
traffic sign, device, or signal; nor shall any advertising display
include or be illuminated by flashing, intermittent, or moving light;
nor shall any advertising display cause beams or rays of light to
be directed at the traveled ways if the light is of an intensity or
brilliance as to cause glare or to impair the vision of any driver,
or to interfere with any driver's operation of a motor vehicle. This
subsection does not prohibit properly maintained reader boards or
LED displays that comply with State and Federal law and subsection
20-22.2 entitled Flashing, intermittent or moving light.
7.
Existing setback and yard requirements of the underlying commercial
or industrial zone shall not be applicable to placement of any advertising
structure. No minimum setback or yard requirements shall be applied
to placement of an advertising display.
8.
No advertising display shall be placed or maintained in violation of the California Outdoor Advertising Act, chapter 2 (commencing with section 5200) of division 3 of the California Business and Professions Code, or any other applicable State, Federal, or local law.
9.
Unless otherwise specified in this section, the general sign requirements
set forth in the Business and Professions Code shall apply to plans
and materials for and to design, construction, street address numbers,
identification and maintenance of outdoor advertising displays approved
under this section.
10.
No person shall place an off-site outdoor advertising structure without
first having secured a Zoning Permit, a Sign Permit and a Building
Permit.
(a)
A separate Building Permit shall be required for each advertising
structure whether or not the advertising structure is proposed alone
or as one of any number of advertising structures proposed to be placed
on the same parcel, contiguous parcels, or any set of related or unrelated
parcels that are the subject of a single development proposal.
(b)
At the discretion of the Director of Development Services, a
separate Zoning Permit shall be issued for one advertising structure
or a single Zoning Permit may be issued for any number of advertising
structures proposed on the same parcel, contiguous parcels, or any
set of related or unrelated parcels that are the subject of a single
development proposal and equally compliant under all applicable Business
and Professions Code requirements.
11.
No permit of any kind shall be issued for an advertising display
without prior approval of the City Council.
(a)
An application for approval of a Zoning, Sign and Building Permit
for an off-site advertising structure shall be filed with the City
Council in accordance with the following provisions:
(1)
Any person who has an ownership, license or leasehold interest
in the land parcel may file an application for approval of a Zoning
and Building Permit for an off-site advertising structure. If submitted
by the holder of a license or leasehold interest, the application
must include a statement of consent to proceed with the proposed development
executed by the holder of an ownership interest and acknowledged before
a notary public for the state of California.
(2)
The application may request review of one or multiple advertising
structures.
(3)
The application shall be accompanied by photos of all existing
signage and accurate architectural renderings and elevations of proposed
advertising structures, as well as a scaled plot plan and elevations
showing the locations of all existing structures and improvements
on the property, and the proposed advertising structure(s).
(4)
At the time of filing the application for permits, the applicant
shall pay a filing fee in accordance with a City Council approved
resolution. This fee shall be in addition to any other required fees
for permits relative to development of the property and shall be for
the purpose of defraying the costs associated with City review and
action on the application.
(5)
Any permit issued shall be the property of the applicant.
b.
The City Council may act on the application directly or refer the
application to the Planning Commission for review, recommendations
or determination.
1.
Before approving any off-site advertising display permit application,
the City Council, or the Planning Commission upon City Council referral,
shall make the following determination concerning the parcel(s) for
which permits are sought:
(a)
All existing and proposed advertising displays are appropriately
scaled to the architectural character of all buildings and structures
on the parcel;
(b)
All existing and proposed advertising displays result in a complementary
enhancement to the architecture on the parcel;
(c)
All existing and proposed advertising displays result in a visually
uncluttered appearance;
(d)
All existing and proposed advertising displays enhance commercial
corridors and properties and do not obscure street views of public
art, Council-designated historical buildings, or City Council-designated
projects;
(e)
All existing and proposed advertising displays minimize potential
traffic hazards;
(f)
All existing and proposed advertising displays are compliant
with all applicable provisions of this Zoning Code, and Federal, State
and local law relevant thereto.
(g)
Not including other financial conditions that the City Council
may impose, all existing and proposed advertising displays must be
conditioned on the removal of one existing poster panel billboard
face 12 feet by 24 feet for every one double-faced 14 feet by 48 feet
billboard built.
(h)
All existing and proposed advertising displays must be conditioned
on the incorporation of landscaping that is acceptable to the City
Council or by the Planning Commission if the Council refers the application
thereto.
2.
The City Council, or the Planning Commission upon City Council referral,
may impose additional conditions as are reasonably necessary to ensure
the development is consistent with the General Plan, compatible with
surrounding land use, meets the provisions and intent of this Zoning
Code, minimizes potential traffic hazards, and otherwise protects
the public health, safety and welfare.
3.
Without exception, every outdoor advertising display approved under
this subsection shall be subject to the following express conditions
and reservations:
(a)
If an advertising display is illuminated, any illumination shall
not impair the vision of travelers on any adjacent highway, including
the freeway. Illuminations shall be considered vision impairing when
its brilliance exceeds the values set forth in section 21466.5 of
the California Vehicle Code, or any successor statute or Caltrans
regulation.
(b)
When an advertising display is defaced with graffiti, the display
owner shall remove the graffiti within 48 hours after telephonic notice
by City.
4.
The decision of the City Council shall be final and conclusive. If
the City Council refers the application to the Planning Commission
for determination, the decision of the Planning Commission shall be
final, subject to applicant's right to appeal any decision of the
Planning Commission to the City Council.
5.
Any proposed variance to this subsection shall be deemed a major
variance and may be approved only if the City Council determines that
each of the required findings set forth in this Zoning Code are met.
c.
All existing off-site outdoor advertising displays that have previously
obtained required permits, and which remain in compliance with the
terms and conditions of those permits but that are not in conformance
with the provisions of this subsection shall become nonconforming
uses. The owner of a conforming or a nonconforming outdoor advertising
display may perform normal repairs and customary maintenance to such
existing conforming or nonconforming advertising displays, including,
but not limited to, changing the advertising message and adding an
extension to the outside dimension of a facing. Notwithstanding the
foregoing, the installation of electronic readerboards shall only
be allowed to be installed on billboards that are located within a
B-O Zone.
d.
All off-site outdoor advertising displays approved under this subsection
and existing nonconforming advertising displays may be relocated by
mutual agreement between the display owner and the City Council on
whatever terms are agreeable to both parties under the authority of
California Business and Professions Code section 5412.
1.
Relocation as used in this subsection, includes removal of an advertising
structure and construction of a new advertising structure to substitute
for the advertising structure removed.
2.
The purpose of this subsection is to allow the City to continue to
develop in a planned manner without expenditure of public funds while
allowing the continued maintenance of private investment and a medium
of public communication established in outdoor advertising.
[Added by Ord. #1557, § 9163.1]
The purpose of the nonconforming buildings and uses provisions
of this Chapter is to provide for the orderly removal of nonconforming
buildings, structures, and uses and such provisions shall apply to
the nonconforming buildings and uses in any zone and to buildings
or uses which become nonconforming due to rezoning or changes in the
text of this Chapter.
[Added by Ord. #1557, § 9163.2; Ord. #2026, §§ 2
— 5; amended 10-26-2021 by Ord. No. 2339]
a.
Continuation of Nonconforming Buildings and Structures. Nonconforming
buildings and structures are hereby granted an automatic variance
to permit the continuation of such buildings. Such variances shall
remain in force and effect for the following lengths of time, which
shall be computed beginning on the date which such building or structure
became nonconforming due to the enactment of this Chapter or prior
ordinances:
1.
Structures which do not require a building permit: three years.
2.
Signs and billboards: three years;
3.
Type IV and Type V buildings (incombustible frame and wood frame),
as defined in the California Building Code:
4.
Type II and Type III buildings (heavy timber construction and masonry),
as defined in the California Building Code:
6.
Razor wire, concertina wire and/or cut glass on exterior surfaces:
60 days;
7.
Fences and gates that must be upgraded in accordance with Section 30-44 of this Chapter: 180 days.
|
A nonconforming building may be continued for a period of time
as specified in this subsection provided no additions or enlargements
are made thereto, except those required by law or ordinance. If such
nonconforming building is removed, every future use of, and future
building located on, such premises shall be in conformity with the
provisions of this Chapter.
|
|
Nothing in this subsection shall be construed or applied so
as to require the termination, discontinuance, or removal, or so as
to prevent the modernization, expansion, alteration, repair, or reconstruction,
of such public utility facilities as are employed for the transmission
and/or distribution of electricity, gas, or water provided there is
no change in use or enlargement of the site.
|
b.
(Reserved)
c.
(Reserved)
d.
Enlargement of Nonconforming Buildings. Additions may be made to
nonconforming buildings or structures which are nonconforming only
because they do not meet the following development standards; provided,
however, such additions shall be developed pursuant to the requirements
of this Chapter:
e.
Restoration of Nonconforming Buildings. Subject to all the other
provisions of this section, a building destroyed to the extent of
less than 50% of its replacement value by fire, explosion, or other
casualty or act of God or the public enemy may be restored, and the
occupancy or use of such building, or part thereof, which existed
at the time of such partial destruction may be continued. In the absence
of proof to the contrary, replacement value shall mean four times
the assessed value of the building at the time of the destruction.
[Added by Ord. #1557, § 9163.3]
a.
Nonconforming Uses of Nonconforming Buildings. A nonconforming use
of a nonconforming building may be expanded or extended throughout
such building for a period of time as set forth provided no structural
alterations are made therein except those required by law or ordinance.
A nonconforming use of a nonconforming building may be changed to
another use of the same or more restricted classification provided
no structural alterations are made therein.
b.
Nonconforming Uses of Conforming Buildings. A nonconforming use of
a conforming building shall not be expanded or extended into any other
portion of the conforming building. If such nonconforming use is discontinued
or abandoned for a period of six months or more, any future use of
such building shall be in conformity with the provisions of this Chapter.
While such nonconforming use exists no additional use shall be permitted,
even though such additional use would otherwise be a conforming use
unless approved by the Commission by written resolution.
[Added by Ord. #1557, § 9163.4]
a.
A nonconforming use of unimproved property may continue until May
4, 1979.
b.
A nonconforming use of unimproved property shall not be extended
or expanded either on the same or adjoining property. If the nonconforming
use of unimproved land is discontinued or abandoned for a period of
30 days or more, any future use of such land shall be in conformity
with the provisions of this Chapter.
[Ord. #1987, § 1]
An addition or enlargement to any individual nonconforming building, structure or use may be permitted and/or the period of time provided for continuation of said nonconforming building, structure or use may be extended provided a conditional use permit has been obtained pursuant to the provisions of Section 30-26 of this Chapter.
[Added by Ord. #1557, § 9164.1]
The purpose of the performance standards procedures is to insure
that an objective, unbiased determination is made in those cases where
there may be substantial doubts as to whether an individual land use
is detrimental to the public health, safety, and welfare.
[Added by Ord. #1557, § 9164.2]
Following a staff investigation the Planning Director may require
the owner or occupant of any property to submit such data and evidence
as is needed to make an objective determination. The evidence may
include, but is not limited to, the following items:
a.
Plans of the existing or proposed construction and development;
b.
A description of the existing or proposed machinery, processes, and
products;
c.
Specifications for the mechanisms and techniques used or proposed to be used in restricting the possible emission of the objectionable elements set forth in subsection 30-24.6;
d.
The number of employees, full-time and part-time; and
e.
Measurements of the amount or rate of emission of such objectionable
elements.
|
Failure to submit the data required by the Planning Director
shall constitute grounds for an administrative revocation of the certificate
of occupancy for any use of the land.
|
[Added by Ord. #1557, § 9164.3]
The Planning Director may require any person, firm, or corporation
to retain an expert consultant or consultants to study and report
as to the compliance or noncompliance with the performance standards
and to advise how an existing or proposed use can be brought into
compliance with the performance standards. Such consultant shall be
full qualified to give the required information and shall be persons
or firms mutually agreeable to the City and to the owner or occupant
of the use in question. The cost of such consulting services shall
be borne by the owner or occupant of such property.
[Added by Ord. #1557, § 9164.4]
The Planning Director may require modifications or alterations
in the existing or proposed construction, or the operational procedures,
to insure that compliance with the performance standards shall be
maintained. The Planning Director shall prescribe a length of time
to the owner or occupants to effect any changes for the purpose of
securing compliance with the performance standards.
[Added by Ord. #1557, § 9164.5]
If, after the conclusion of the time granted for compliance
with the performance standards, the Planning Director finds the violation
still in existence, any permit previously issued shall be void, and
the owner or occupant shall be required to cease operations until
the violation is remedied.
[Added by Ord. #1557, § 9164.6; Ord. #1784]
The criteria used to determine when any condition, substance,
or element becomes detrimental to the public health, safety, or welfare
shall be called performance standards. The following performance standards
are hereby established:
a.
Air Pollution. No smoke, dust, fly ash, vapor, fume, odor, or any
other form of air pollution shall be permitted in excess of the standards
set forth by the Air Quality Management District of the County. In
no event shall such elements be permitted which can cause any damage
to human health, animals, or vegetation or which can cause excessive
soiling at any point of measurement. The point of measurement shall
be the same as utilized by the Air Quality Management District of
the County.
b.
Noise. No discrete noise source in the City shall exceed 76 decibels
on the Community Noise Equivalent Level (CNEL) weighted scale as measured
on any property line. No discrete noise source in the City shall exceed
55 decibels on the CNEL weighted scale at any property line of a residentially
zoned property. No discrete noise source in the City shall exceed
55 decibels on the CNEL weighted scale within 100 feet of an existing
building used as a hospital, school, library, rest home, convalescent
home, senior citizens' home, mental institution, or other similar
noise-sensitive land use as determined by the Planning Director.
c.
Underground Tanks Out of Service For One Year. Any underground tank
which has been out of service for one year or more shall be permanently
abandoned in accordance with the Uniform Fire Code. Permanent abandonment
shall comply with the requirements of the Los Angeles County Ordinance
No. 83-0206V and meet all standards of Section 25284 of the California
Health and Safety Code. The Fire Chief shall verify that abandonment
has been completed prior to any application for a conditional use
permit, variance, change of zone or certificate of occupancy.
d.
Exceptions. The provisions of this section shall not preclude emergency
work made necessary to restore property to a safe condition following
public calamity, or work required to protect persons' property from
an imminent danger, or work by private or public utilities when restoring
utility service.
[Added by Ord. #1634, § 9165.1]
This section is provided pursuant to the California Surface Mining and Reclamation Act of 1975, Chapter 9, Public Resources Code.
[Added by Ord. #1634, § 9165.2]
a.
Any person who proposes to engage in surface mining operations, as defined in the Surface Mining and Reclamation Act of 1975, enacted as Chapter 9, Division 2 of the Public Resources Code, shall, prior to the commencement of such operations, obtain:
b.
No person has obtained a vested right to conduct a surface mining
operation prior to January 1, 1976, shall be required to secure a
permit pursuant to the provisions of this Chapter as long as such
vested right continues, provided that no substantial change is made
in that operation except in accordance with the provisions of this
Chapter. A person shall be deemed to have such vested rights if, prior
to January 1, 1976, he has in good faith and in reliance upon a permit
or other authorization (if such permit or other authorization was
required), diligently commenced surface mining operations and incurred
substantial liabilities for work and materials necessitated thereby.
Expenses incurred in obtaining the enactment of an ordinance in relation
to a particular operation in the issuance of a permit shall not be
deemed liabilities for work or materials.
A person who has obtained a vested right to conduct surface
mining operations prior to January 1, 1976, shall submit to the Planning
Department and receive, within 90 days, approval of a reclamation
plan for operations to be conducted after January 1, 1976, unless
a reclamation plan was approved prior to January 1, 1976, and the
person submitting that plan has accepted responsibility for reclaiming
the mined lands in accordance with that plan. Nothing in this subsection
shall be construed as requiring the filing of a reclamation plan for
the reclamation of mined lands on which surface mining operations
were conducted prior to, but not after, January 1, 1976.
c.
The State Geologist shall be notified of the filing of all conditional
use permits for surface mining operations.
d.
This section shall be continuously reviewed and revised, as necessary,
in order to ensure that it is in accordance with State policy for
mined lands reclamation.
[Added by Ord. #1634, § 9165.3]
The provisions of Section 30-26 shall apply. The following items shall also be submitted with the application for a conditional use permit:
a.
Reclamation Plan. All applications for a reclamation plan for surface
mining operations shall be made on forms provided by the Planning
Department, as called for by Section 2772 of the California Surface
Mining and Reclamation Act of 1975.
b.
Performance Bond. Upon a finding by the Planning Director, Chief
Building Inspector and City Engineer that a supplemental guarantee
for the reclamation of the mined land is necessary, and upon the determination
by the Planning Department of the cost of the reclamation of the mined
land as set forth in the reclamation plan, a surety bond, lien or
other security guarantee conditional upon the faithful performance
of the reclamation plan, shall be filed with the City Clerk. Such
surety shall be maintained in an amount equal to the cost of completing
the remaining reclamation of the site as prescribed in the approved
or amended reclamation plan during the succeeding two-year period.
c.
Review of Reclamation Plan. The Planning Director, Chief Building
Inspector and City Engineer shall be responsible for the review of
the reclamation plan. If the proposed reclamation plan complies with
all applicable requirements and standards of both this section and
the California Surface Mining and Reclamation Act of 1975, or if it
is found that these requirements can be adequately met if specified
conditions are observed, the Planning Director shall forward the completed
reclamation plan application to the Commission with recommendation
that the application for a conditional use permit for a "Surface Mining
Operation" be approved, subject to specified conditions. If it is
found that the plan cannot be modified to meet the requirements of
this section, the Planning Director shall recommend that the application
for a conditional use permit be disapproved. In all cases, findings
shall be set forth concerning the grounds for approval or disapproval.
d.
Public Records. Reclamation plans, reports, applications and other
documents submitted pursuant to this Chapter shall be public records
unless it can be demonstrated to the satisfaction of the City that
the release of such information or a part thereof would reveal production,
reserves or rates of depletion, data entitled to protection as proprietary
information. The City shall identify such proprietary information
for each application. A copy of all permits, reclamation plans, reports,
applications and other documents submitted pursuant to this Chapter,
including proprietary information, shall be furnished to the District
Geologist of the State Division of Mines and Geology by the City.
Proprietary information shall be made available to persons other than
the State Geologist only when authorized by the mine operator and
by the mine owner in accordance with Section 2778, California Surface
Mining and Reclamation Act of 1975.
e.
Periodic Review. As a condition of approval for the permit, reclamation
plan, or both, a schedule for periodic inspections of the site shall
be established to evaluate continuing compliance with the permit and
the reclamation plan.
f.
Amendments. Amendments to an approved reclamation plan may be submitted
to the City at any time, detailing proposed changes from the original
plan. Substantial derivations from the original plan shall not be
undertaken until such amendment has been both filed with and approved
by the City.
g.
Variance. Variances from an approved reclamation plan may be allowed
upon the same request of the operator and applicant, if they are not
one and the same, and upon a finding by the Planning Director that
each requested variance is necessary to achieve the prescribed or
higher post-mining use of the reclaimed land.
h.
Enforcement. The provisions of this Chapter shall be enforced by
any authorized member of the Planning Department or by any other persons
so designed by the Council.
[Added by Ord. #1557, § 9170.1]
The purpose of this conditional use permit provisions of this
Chapter is to create a flexible mechanism to control those types of
land use which require special consideration and which possess characteristics
of such unique and special form as to make it impractical to permit
them automatically in the various zones defined in this Chapter.
[Added by Ord. #1557, § 9170.2; Ord. #1808, § 1;
Ord. #1840, § 1; Ord. #2101, § 17]
The Commission, before granting a conditional use permit, shall
find:
a.
That the proposed use shall be in compliance with this Chapter;
b.
That the proposed use will not be detrimental to the public welfare
or the surrounding area; and
c.
That the proposed use is substantially in conformance with the General
Plan and compatible with the existing patterns of land use and development
in the surrounding area.
[Added by Ord. #1557, § 9170.3; Ord. #1635, § 1;
Ord. #1733; Ord. #1746, § 1; Ord. #2101, § 17;
amended 12-28-2021 by Ord. No. 2342]
The following uses may be permitted in any zone provided a conditional
use permit has been granted subject to the provisions of this Chapter:
a.
The uses set forth in the zones requiring conditional use permits
shall be restricted to the zones specified;
b.
Airports and heliports;
c.
Athletic fields (privately owned);
d.
Cemeteries, columbarium's, crematories, mausoleums and pet cemeteries;
e.
Churches, synagogues, temples, convents, monasteries, seminaries
and other religious or eleemosynary organizations;
f.
Colleges and universities;
g.
Golf courses;
h.
Halfway houses;
i.
Hospitals, nursing facilities, mental convalescent homes and mental
institutions;
j.
Equestrian facilities;
k.
Theaters, auditoriums, stadiums, arenas and similar uses involving
large assemblages of people or vehicles; and
l.
Any use or building which the Commission finds, as evidence by resolution
in writing, is similar to any other uses or buildings set forth in
this subsection.
[Added by Ord. #1557, § 9170.4; Ord. #1635, § 1;
Ord. #1762, § 1; Ord. #2101, § 17]
a.
The Commission, as part of the resolution granting a conditional
use permit, may impose such conditions and limitations that it deems
necessary to protect the public welfare and assure compliance with
the intent and purpose of this Chapter and the plans and policies
of the City.
b.
The dedications of necessary rights-of-way for public streets adjacent
to property on which a conditional use is proposed shall be made a
condition of the granting of a conditional use permit.
c.
No conditional use permit may allow any deviation from the provisions of this Chapter unless a variance has been obtained pursuant to Section 30-27.
d.
Unless otherwise specified in the granting of the conditional use
permit or unless extended by the Commission, a building permit or
certificate of occupancy shall be obtained, and construction, if any,
or actual use shall begin within one year after the granting of the
conditional use permit, or, where no such permit or certificate of
occupancy is required, the use granted by the conditional use permit
shall be put into effect on the property within such period.
e.
Any modification of an approved conditional use permit shall require the filing of a new application which shall be processed as required by subsection 30-26.5, unless waived by the Planning Director.
f.
The Commission, as a condition of approval, may require that a surety
bond be obtained in order to ensure that the construction and the
development of the property shall take place as approved by the Commission
within a prescribed period of time.
g.
(Reserved)
h.
Conditional Use Permit Standards for New Service Stations.
1.
All new stations shall have and maintain a restroom consisting of
a toilet and sink, and properly stocked with toilet paper and paper
towels whether or not a conditional use permit is required. This requirement
shall apply to any type of service station including self-service
stations. Said restroom shall be available during all hours of operation
of the service station and maintained in a clean and sanitary condition.
The restroom shall be equipped to be accessible to the handicapped.
[Added by Ord. #1557, § 9170.5; Ord. #1718, § 1;
Ord. #1723, § 1; Ord. #1733, § 1; Ord. #1815,
§ 2; Ord. #2101, § 17; Ord. #2295 § 18]
The following procedure shall be followed for conditional use
permits:
a.
Initiation. A conditional use permit may be initiated by a resolution
of the Council, a motion of the Commission, or upon a verified application
of the owner of the land in question, or of the purchaser thereof
under a contract in writing duly executed and acknowledged by both
the buyer and seller, or of the lessee in possession of the property
with the written consent of the recorded owner, or the agent of any
such persons duly authorized in writing.
b.
Applications; Form. The application shall be on an approved form
and shall show the exact legal description of the property being requested
for a conditional use permit, the street address or exterior boundaries
by streets, alleys or property lines, the proposed use, and such other
information as the Commission deems necessary.
c.
Filing Fees. At the time of submission, the applicant shall pay a
filing fee. The amount of such fee shall be set by ordinance or resolution
of the City Council and shall be adjusted periodically to reflect
changes in processing costs borne by the City.
d.
Hearing Dates; Notices. Upon the filing of a conditional use permit
application, or upon the motion of the Commission, or upon the receipt
of a duly certified copy of a resolution by the Council requesting
the granting of a conditional use permit, the Planning Director shall
set the matter for a public hearing within not less than 21 days nor
more than 120 days. Notice of the time and place of such hearing,
unless otherwise directed by the Commission, shall be given by mailing
a notice not less than 10 days prior to the date of such hearing to
the owners and occupants of property within a radius of 300 feet of
the exterior boundaries of the property on which the use is proposed,
using for this purpose the information shown upon the latest available
assessment rolls of the County. Such notice shall contain the same
information as is required in a posted notice.
e.
Investigations. The Commission shall cause to be made by its own
members or by members of its staff such investigations of the facts
as the Commission shall deem necessary bearing upon such application
set for hearing.
f.
Commission Hearings. The public hearings provided for in this section
shall be conducted before the Commission or before any three or more
members thereof. A summary of all pertinent testimony offered at a
public hearing, and the names and addresses of persons so testifying,
shall be recorded and made a part of the permanent records of the
case. If for any reason testimony on any case set for a public hearing
cannot be completed on the day set for such hearing, the Commissioner
presiding at such public hearing, before the adjournment or recess
thereof, may publicly announce the time and place at which such hearing
will be continued, and such announcement shall serve as sufficient
notice of such continuance without recourse to the form of notice
provided for in this section.
g.
Decisions of the Commission. Not more than 60 days following the
conclusion of the hearing, the Commission shall announce its findings
by formal resolution, and such resolution shall state, among other
things, the facts and reasons which, in the opinion of the Commission,
determine whether the conditional use permit shall be granted or denied
and such conditions and limitations as may be imposed. Such resolutions
shall be numbered consecutively in the order of their adoption and
shall become a permanent record of the Commission. The failure of
the Commission to adopt such a resolution within the period set forth
in this paragraph shall automatically refer the matter to the Council
without a recommendation.
h.
Notices of Decisions. Not more than 60 days after the final action
of the Commission on an application for a conditional use permit,
a copy of the Commission's resolution setting forth its decision shall
be mailed by the Planning Director to the applicant and the owner
of record of the property on which the use is proposed at the addresses
shown on the application.
i.
Finality of Action; Effective Dates; Appeals. The action of the Commission
shall be final and shall take effect on the 15th day after the adoption
of such resolution by the Commission; provided, however, an appeal
in writing filed with the City Clerk by the applicant or by any interested
person prior to such 15th day shall suspend the action of the Commission
until the determination of the appeal by the Council or its withdrawal
by the appellant. Such an appeal, with the same time limit, may also
be initiated by a motion of the Council. Any appeal filed pursuant
to the provisions of this subsection shall state the grounds wherefore
and wherein the Commission failed to conform to the requirements of
this Chapter. An appeal which is not filed within the time prescribed
or which does not set forth the grounds upon which it is based shall
not constitute an appeal in compliance with this Chapter.
j.
Appeals; Hearings. Upon the receipt of an appeal from the action
of the Commission, the Council shall set the matter for a hearing
and give notice thereof to the appellant and to the applicant for
such conditional use permit, should the appellant not be the applicant,
and to any and all other persons or organizations who have appeared
before the Commission during any of its proceedings held in connection
with such application or who have addressed written communications
regarding such application to the Commission prior to the conclusion
of its hearings; provided, however, notice need not be given to such
other persons or organizations unless their names and mailing addresses
have been given for the records of the Commission, orally or in writing,
during any of such proceedings or in such written communications.
The notices required by this subsection shall be given by the
City Clerk by the mailing of a notice to the persons or organizations
entitled to the same, as provided in this subsection, not less than
five days prior to the date of such hearing. The Planning Director
shall be notified of the filing of such appeal and, upon the receipt
of such notice, shall transmit to the Council the complete file on
the case. The Council may limit the hearing to a consideration of
the grounds of the appeal as set forth in such appeal and to a review
of the proceedings of the Commission or may consider any new matter
pertaining thereto. An appeal may be withdrawn at any time by the
appealing party.
k.
Appeals; Decisions. The Council by resolution shall render its decision
on such appeal within 30 days after the conclusion of its hearing
on such appeal, and the Council shall have the power to either affirm,
amend, or reverse the action of the Commission, or, if, in its opinion,
the matter requires further consideration by the Commission, the Council
may refer the matter back to the Commission for such further consideration,
with any recommendations which the Council may see fit to make, in
which event notice of such further hearing shall be given as required
upon an original application.
Not later than 10 days after the final action of such an appeal
by the Council, notice of the decision in the matter shall be mailed
to the appellant and the applicant by the City Clerk, and the file
in the case shall be returned to the archives of the Planning Department.
The decision of the Council on such matters of appeal shall be final.
l.
Acceptance: Form. The applicant and the owner of record shall sign,
have notarized, and record with the office of the County Recorder,
for the benefit of the City and within six months after the adoption
of the resolution approving the conditional use permit, an acceptance
form, furnished by the Planning Department, which shall state that
the applicant and the owner of record are aware of and will abide
by all the conditions of the resolution of approval. Such form shall
be returned to the Planning Department to be filed with, and made
a part of, the case.
m.
Procedure for Revocation of Conditional Use Permits.
1.
A conditional use permit may be revoked upon a finding by the Commission
that any or all of the following circumstances exist:
(a)
The applicant has failed to obtain a building permit or certificate of occupancy or has not begun construction, if any, or has not commenced the use permitted within one year after the granting of the conditional use permit as required by paragraph d of subsection 30-26.4;
(b)
The applicant has failed to abide by the conditions imposed
by the resolution adopted by the Commission;
(c)
The property is in violation of any provision of this Code;
(d)
The use permitted by the conditional use permit is not being
exercised, has been abandoned, or has otherwise been discontinued
for a period of 90 days after the use has commenced;
(e)
The applicant and the owner of record have failed to sign, have
notarized, and record with the office of the County Recorder an acceptance
form as required by subparagraph 1 of this section within six months
after the adoption of the resolution approving the conditional use
permit;
(f)
A subsequent conditional use permit has been granted on the
property; or
(g)
The applicant or the owner has requested in writing that the
conditional use permit be revoked.
2.
The revocation of a conditional use permit shall be accomplished
by a formal resolution of the Commission. Where a circumstance as
set forth in subparagraphs (a), (b), (c), (d) or (e) of paragraph
m1 exists, there shall be a public hearing held by the Commission
at its discretion for the purpose of considering whether there is
sufficient cause to revoke the conditional use permit. At least 10
days prior to such public hearing a written notice shall be mailed
to the owner of the property, as shown on the latest assessment rolls
of the County, and to the occupant (if applicable) and shall be posted
in a conspicuous location on the property. Such notice shall indicate
the time, date, and place of the public hearing and the reason for
such hearing.
3.
Notwithstanding the provisions set forth in paragraphs m1 and m2
of this subsection the City Council may order a revocation, modification,
temporary revocation or temporary modification of a conditional use
permit when it finds that such an order is needed for purposes of
maintaining the health, safety and welfare of the City, provided that:
(a)
Any such modification or revocation of a conditional use permit
shall be accomplished by a formal resolution of the City Council;
and
(b)
There shall be a public hearing held by the City Council at
its discretion for purposes of considering whether or not there is
sufficient cause to revoke, modify, temporarily revoke or modify the
conditional use permit; and
(c)
At least 10 days prior to such public hearing a written notice
shall be mailed to the owner of the property, as shown on the latest
assessment rolls of the County, and to the occupant (if applicable)
and shall be posted in a conspicuous location on the property. Such
notice shall indicate the time, date and place of the public hearing
and the reason for such hearing.
|
A conditional use permit or other Planning Commission land use
approval (special approval, special use, etc.) shall become automatically
null and void when the use for which the permit was granted has not
been exercised for two consecutive years.
|
4.
The City Council may order the immediate temporary revocation or
modification of a conditional use permit in order to protect and preserve
the health, safety and welfare of the City, provided that:
(a)
Such an immediate temporary revocation or modification does
not extend for a period of more than 30 days; and
(b)
The immediate temporary revocation or modification is accomplished
by a formal resolution; and
(c)
A public hearing shall be conducted not later than 15 days after
the effective date of an immediate temporary revocation or modification
to determine whether City Council shall take action pursuant to this
subsection paragraph m3 of this Code; and
(d)
Not later than 48 hours after said immediate temporary revocation
or modification notice shall be mailed to the owner of the property,
as shown on the latest assessment rolls of the County, and to occupant
and shall be posted in a conspicuous location on the property on or
before the effective date. Such notice shall indicate the effective
date and duration of the immediate temporary revocation or modification
and the nature and extent of any such modification. The notice shall
further indicate the date, time and place of a public hearing and
the reason for such a hearing.
[1]
Editor's Note: Former subsection 30-26.6, Conversion of Mobile
Home Parks and/or Trailer Parks, previously codified herein and containing
portions of Ordinance No. 1790, was repealed in its entirety by Ordinance
No. 2101.
[Added by Ord. #1557, § 9171.1]
The purpose of the variance provisions of this Chapter is to
create a flexible mechanism to avoid unnecessary hardships or results
inconsistent with the general purposes of this Chapter which would
occur from its strict, literal interpretation and enforcement.
[Added by Ord. #1557, § 9171.2; Ord. #1808, § 1;
Ord. #1840, § 1; Ord. #2101, § 18]
The Commission, before granting a variance, shall find:
a.
That because of special circumstances applicable to the property,
including its size, shape, topography, location, or surroundings,
the strict application of the provisions of this Chapter deprives
such property of privileges enjoyed by other property in the vicinity
and in an identical zone. For the purposes of this subsection, "special
circumstances" shall not include hardships which are self-imposed
by the owner of the property;
b.
That the granting of such variance will not constitute a special
privilege inconsistent with the limitations upon other properties
in the vicinity and zone in which the property is located;
c.
That the granting of such variance will not be detrimental to the
public welfare or injurious to property or improvements in the area
in which the property is located; and
d.
That the granting of such variance will be substantially in conformance
with the General Plan and compatible with the existing patterns of
land use and development in the surrounding area.
[Added by Ord. #1557, § 9171.3]
The Commission shall have the authority to grant, as a quasi-judicial
act and upon such terms and conditions and for such duration of time
as it deems necessary, such variances as may be in harmony with the
general purpose and intent of this Chapter so that the spirit of this
Chapter shall be observed, public safety and welfare secured, and
substantial justice done. Variances may be granted for the following
purposes:
a.
To permit the modification of the automobile parking space requirements
where, in the particular instance, such modification will not be inconsistent
with the purpose and intent of such requirements;
b.
To permit such modification of the height, yard, and area regulations
as may be necessary to secure an appropriate improvement of a lot
or parcel of land which is of such shape or so located in relation
to surrounding development or physical characteristics that it cannot
otherwise be appropriately improved without such modification;
c.
To permit the modification of the conditions under which specific
uses are allowed in certain zones;
d.
To permit temporary buildings and uses for periods of not to exceed
six months; and
e.
To permit the following uses in zones from which they are prohibited
by this Chapter: governmental enterprises, public libraries, public
utilities, and public service uses and structures.
A variance shall not be granted for a parcel of land which authorizes
a use or activity not otherwise permitted in the zone in which the
parcel exists.
[Added by Ord. #1557, § 9171.4]
The conditions which may or shall be made a part of resolutions granting variances shall be the same as for conditional use permits (see subsection 30-26.4).
[Added by Ord. #1557, § 9171.5; Ord. #1733, § 1;
Ord. #1815, § 2; Ord. #2295 § 19]
The procedures which shall be followed for granting variances
and for the revocation of variances shall be the same as for conditional
use permits. The filing fee shall be set by ordinance or resolution
of the City Council in the same manner that it is set for conditional
use permits.
[Added by Ord. #1557, § 9172.1; Ord. #2101, § 19]
The purpose of the change of zone and General Plan amendment
provisions of this Chapter is to create a flexible mechanism to respond
to development pressure and changing conditions where the amendment
of the Official Zoning Map and/or the Land Use Policy Map of the General
Plan changing a property from one zone and/or land use classification
to another will be beneficial to the City and will enhance the goals
and objectives stated in the General Plan.
[Added by Ord. #1557, § 9172.2; Ord. #1808, § 1;
Ord. #1840, § 1; Ord. #2101, § 19]
The Commission, in recommending, and the Council in approving,
a proposed change of zone or General Plan amendment, shall find:
a.
That the proposed zone and/or land use classification is substantially
in conformance with the General Plan and compatible with the existing
patterns of zoning, land use and development in the surrounding area;
b.
That the property is more suitable for the uses permitted in the
proposed zone and/or land use classification than those permitted
in the existing zone and/or land use classification; and
c.
That the uses permitted in the proposed zone and/or land use classification
will not be detrimental to the surrounding area.
[Added by Ord. #1557, § 9172.3; Ord. #1815, § 2;
Ord. #2101, § 19; Ord. #2295 § 20]
a.
The procedures which shall be followed for changing a zone shall be the same as for conditional use permits (see subsection 30-26.5), except as follows:
1.
Filing Fees. There shall be a filing fee in an amount set by ordinance
or resolution of the City Council.
2.
Action by the Council. Not more than 60 days after action by the Commission, its findings and recommendations, together with the complete records of the case, shall be delivered to the City Clerk for transmission to the Council. Council shall set the matter for a hearing, give notice thereof in the same manner as upon an appeal from a decision of the Commission on a conditional use permit (see paragraph b of subsection 30-26.5) and shall conduct a hearing thereon. The decision of the Council shall be final, and any such change of zone shall be made by ordinance.
b.
The procedures which shall be followed for amending the General Plan shall be the same as for conditional use permits (see subsection 30-26.5), except as follows:
1.
Filing Fees. There shall be a filing fee in an amount set by ordinance
or resolution of the City Council.
2.
Legal Notice. Legal notice shall be provided in accordance with Section
65352 of the California Government Code.
3.
Action by the Council. Not more than 60 days after action by the Commission, its findings and recommendations, together with the complete records of the case, shall be delivered to the City Clerk for transmission to the Council. Council shall set the matter for a hearing, give notice thereof in accordance with Section 65352 of the Government Code and in the same manner as upon an appeal from a decision of the Commission on a conditional use permit (see paragraph b of subsection 30-26.5) and shall conduct a hearing thereon. The decision of the Council shall be final, and any such General Plan amendment shall be made by resolution.
c.
Abandonment of Proceedings. Any application for a change of zone
or General Plan amendment in which no action has been taken or which
has been taken under submission or tabled for any reason after the
public hearing by the Commission or City Council shall automatically
become null and void after six months, unless the Commission or the
applicant has requested that the application be considered further
within such six-month period. Such action shall not prejudice the
filing of a new application for a change of zone or General Plan amendment
on the same lot or parcel of land.
[Added by Ord. #1557, § 9173]
a.
Comparable County Zoning. Except as provided in this section, an
area annexed to the City shall be zoned in the same or the nearest
comparable zone as the land was zoned in the County immediately prior
to annexation, as follows:
|
County
|
City
| |
|---|---|---|
|
A-1, R-1
|
to
|
R-L
|
|
R-2
|
to
|
R-M
|
|
R-3, R-4
|
to
|
R-H
|
|
P
|
to
|
P
|
|
C-H
|
to
|
C-O
|
|
C-1, C-2, C-3, C-4
|
to
|
C-L
|
|
C-M
|
to
|
C-M
|
|
M-1
|
to
|
M-L
|
|
M-1 1/2, M-2, M-2 1/2, M-3, M-4
|
to
|
M-H
|
|
B-1, B-2
|
to
|
B
|
|
Where the area is zoned in the County in any other zone than
those set forth in this subsection, the zoning upon annexation shall
be determined in accordance with the requirements set forth in paragraph
b of this subsection.
|
b.
Pre-Zoning. The City may pre-zone and pre-grant conditional use permits
and variances in unincorporated territory adjoining the City for the
purposes of determining the zone and uses that will apply to such
property in the event of subsequent annexation to the City. The method
of accomplishing such predeterminations shall be the same as provided
for property within the City and shall become effective at the same
time the annexation of such territory becomes effective.
[Added by Ord. #1557, § 9174]
When a use is not listed in any of the zones or as a conditional
use, the Commission shall determine, by resolution in writing, the
proper zone classification for such use. Such resolution shall be
referred to the Council where such use shall be placed in the proper
zone classification by ordinance.
[Added by Ord. #1557, § 9175]
Except as provided in this Chapter, no building shall be erected,
and no existing building shall be occupied, reconstructed, structurally
altered, added to or enlarged, nor shall any land, buildings or premises
be used, designed, or intended to be used for any purpose except in
conformance with the uses and property development standards set forth
in this Chapter for the zone in which such land, buildings or premises
are located.
[Ord. #1592, § 1; Ord. #1975, § 1; Ord.
#2097, § 1]
a.
The provisions of this Chapter shall not apply to the use of any
property owned by the City, the Compton Redevelopment Agency or the
Local Housing Authority, but shall apply to the use of property by
any other municipal, political or governmental corporation.
b.
The City Council may modify property development standards of this
Chapter as they apply to private property through the adoption of
a resolution which finds that:
c.
The provisions of this Chapter shall not apply to property owned
by the Compton Unified School District and used for public school
facilities, including classrooms, accessory educational services or
administrative offices, but excluding non-office support services
such as central kitchens, warehouses, equipment and vehicle servicing
facilities or storage yards.
[Added by Ord. #1557, § 9177]
a.
It shall be unlawful for any person to occupy any building, portion
of a building, property or portion of property for any commercial,
professional, industrial, church, public assembly, governmental or
other type of use, except dwelling units, unless a certificate of
occupancy shall have been issued by the Planning Department.
b.
Prior to the issuance of a certificate of occupancy, the Building,
Fire and Planning Departments of the City shall have determined, after
investigation, that the property and buildings comply with all the
requirements of this Code and the laws of the County and the State
for the specified use, within their respective jurisdiction, and with
all the requirements of the Commission and Council pursuant to the
provisions of this Code.
c.
Certificates of occupancy shall state the address of the use, the
type of use, the name, address and signature of the person conducting
the use, the name and address of the property owner, and the certification
of the Building, Fire and Planning Departments that the use meets
the requirements set forth in this section.
d.
It shall be unlawful for any person to occupy any building, portion
of a building, property or portion of property for a different type
of use from that set forth on the certificate of occupancy.
[Added by Ord. #1557, § 9178]
In interpreting and applying the provisions of this Chapter,
such provisions shall be held to be the minimum requirements for the
promotion of the public safety, health, convenience, comfort and general
welfare.
[Added by Ord. #1557, § 9179]
No oversight or dereliction on the part of any official or employee
of the City vested with the authority to issue permits or licenses
shall legalize, authorize, waive, or excuse the violation of any of
the provisions of this Chapter, nor shall any permit or license be
issued for any use, building, or purpose which would be in conflict
with such provisions or with any other law in force or adopted on
or after May 4, 1978. Any permit or license so issued shall be null
and void.
[Added by Ord. #1557, § 9180]
It shall be the duty of the Planning Director and/or the Chief Building Inspector or their designated representatives to determine if a violation of the provisions of this Chapter exists and to enforce such provisions in Section 30-35.
[Added by Ord. #1557, § 9180.1]
Upon a determination that a violation exists, the owner of the
property and, when known, the owner of the materials and/or structures
in violation, if any, and, when known, the occupant of the property,
if any, shall be notified of such violation in the following manner:
a.
By Mail. Such notification shall be in writing and shall contain:
b.
By Publication. Whenever the owner and/or occupant cannot be notified
by mail as provided in paragraph a of this subsection, the property
shall be posted for 10 days with a notice of violation which shall
contain the information set forth in paragraph a of this subsection.
[Added by Ord. #1557, § 9180.2; Ord. #1924, § 3]
a.
Abatement. After proper notification as provided in Section 30-35, the Planning Director or the Chief Building Inspector or their designated representatives may cause the closure of any building, place of assembly, or activity or may order the removal from the property of materials and structures which are in violation of this Chapter.
b.
Recovery of Costs of Abatement. The costs incurred in the abatement
of a violation may be charged to the owner of the property, the owner
of the materials removed, or the occupant of the property.
c.
Administrative Cost/Fee Schedule.
1.
Administrative fee shall be $100.
2.
Reinspection fee shall be $72 per inspection, after the initial inspection,
if compliance is not met within the stipulated period. No reinspection
fee shall be charged if compliance is obtained after the initial inspection.
3.
Reoccurring violation fee shall be $72 per inspection for each reoccurring
violation within a twelve-month period, plus the administrative fee.
[Added by Ord. #1557, § 9180.3]
Within five days after the receipt of notification of the existence
of violations of the provisions of this Chapter or within five days
after the end of the posting period, the owner of the property, the
owner of the materials and/or structures in violation, or the occupant
of the property found to be in violation may make a written appeal
to the Commission. The fee for such appeal shall be $50.
Within 30 days after the receipt of such written appeal, the
Commission shall hear and consider all relevant evidence and shall
receive testimony from the owners, witnesses, City personnel, and
interested persons relative to such appeal.
Upon the conclusion of such hearing, the Commission shall announce
its findings by formal resolution, and such resolution shall consider
possible remedies and set a date when full compliance with the provisions
of this Chapter shall be effected.
[Added by Ord. #1557, § 9181; Ord. #2282 § 28]
a.
General Zoning Penalties. Any person violating any of the provisions
of this Chapter shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be punishable by a fine of not more than
$1,000, or by imprisonment in the City or County jail for a period
of not more than one year, or by both such fine and imprisonment.
Each such person shall be deemed guilty of a separate offense for
every day during any portion of which any violation of any provision
of this Chapter is committed, continued, or permitted by such person
and shall be punishable therefor as provided for in this Chapter,
and any use, occupation, building, or structure maintained contrary
to the provisions of this Chapter shall constitute a public nuisance.
b.
Penalties for Violations of Ord. #2282. Except as otherwise expressly
provided herein, and in accordance with Section 612 of the City Charter,
violation of any provision of this Ordinance (Ord. #2282) shall constitute
a misdemeanor and shall be punishable by a fine not to exceed $1,000
or by imprisonment for a period not to exceed six months, or by both
such fine and imprisonment. Each and every day such a violation exists
shall constitute a separate and distinct violation of this Ordinance,
to the extent allowable under the law. Notwithstanding the foregoing,
nothing in this Ordinance shall authorize a criminal prosecution or
arrest prohibited by Health and Safety Code section 11362.71, et seq.
or section 11362.1 et seq., as the same may be amended from time to
time. In the event of any conflict between the penalties enumerated
under this Ordinance and those set forth in state law, the maximum
penalties allowable under state law shall govern. The remedies set
forth in this Ordinance are not exclusive of any other remedies available
at law.
[Added by Ord. #1557, § 9182]
Ordinance No. 1095 of the City, as amended, is hereby repealed;
provided, however, such repeal shall not constitute a forgiveness
of any violation of said ordinance, as amended, to the effective date
of the repeal or bar to prosecutions or other remedies with respect
thereto. Nothing in this Chapter shall extend the permitted continuation
of any nonconforming use or structure which was nonconforming under
any prior zoning law and remains nonconforming under this Chapter.
Uses and buildings which are existing under a variance, special approval,
or special use permit granted under any previous law shall not be
considered as nonconforming and shall be permitted to continue under
the conditions and regulations imposed in the granting of such variance,
special approval, or special use permit.
[Ord. #1814, § 2; Ord. #2093, § 1; Ord.
#2295 § 21]
The City Council shall, by ordinance or resolution, from time
to time determine and fix the amount to be assessed as fees charged
by the Planning Department to defray the cost of postage, posting
and processing of applicable applications and requests. All fees shall
be paid in advance and shall be nonrefundable.
[Ord. #2011, § 1]
This section establishes regulations for the installation and
maintenance of landscaping to:
a.
Improve the aesthetic appearance of landscaped and open areas;
b.
Create buffers between land uses and between private property and
traffic zones;
c.
Reduce soil erosion, minimize pollutants and dust, and limit noise,
heat and glare; and
d.
Promote water conservation by using established drought tolerant
landscaping principles.
[Ord. #2011, § 1]
a.
Provision of Landscaping. Landscaping shall be provided in accordance
with this section for all residential, commercial, industrial and
institutional sites.
b.
Pre-existing Buildings and Landscaping.
1.
Pre-existing buildings are not required to upgrade existing landscaping
provided that:
(a)
All required front and street side yard setbacks are developed
with a combination of landscaping and paving, which may include grass,
shrubs, vines, flowers, groundcover and trees; and
(b)
All existing landscaping is maintained and irrigated and all
new landscaping is installed in accordance with this section.
2.
Pre-existing buildings can be expanded or renovated without upgrading
existing landscaping provided that:
(a)
The site complies with the landscaping provisions of this Chapter
which were in effect when the building was originally constructed;
(b)
The addition, rehabilitation or renovation does not affect existing
landscaping or parking area design; and
(c)
The addition, rehabilitation or renovation does not increase
existing floor area by more than 20%.
c.
Architectural Review Board. Landscaping for new projects and for
project additions of more than 20% of existing floor area shall be
approved by the Architectural Review Board.
1.
A landscaping plan shall be submitted to and approved by the Architectural
Review Board prior to the issuance of a building permit for any development
subject to this section.
2.
Landscaping plans shall comply with all applicable Community Redevelopment
Agency Corridor Improvement Programs.
3.
The Architectural Review Board may modify the requirements of this
section for projects where full compliance cannot reasonably be provided.
d.
Compliance. All required landscaping shall be properly installed,
irrigated and inspected and a system for permanent maintenance shall
be in place prior to inauguration of use. No certificate of occupancy
shall be approved unless the landscaping is healthy and properly maintained
and the required irrigation system is fully operational.
[Ord. #2011, § 1]
Table 30-43.A[1] provides standards for the minimum amount of landscaping
required for each land use. In addition to the information provided
in the table, the following standards shall apply:
a.
Residential Development.
1.
Front yard and street side yard areas shall be landscaped with a
combination of plant materials in order to create a variety of landscape
elevations;
2.
Paved areas within required front and street side yard setbacks shall
be limited to walkways and required driveways; and
3.
Rear yard, interior yards and courtyard areas shall be fully landscaped
and/or paved as appropriate to the design of the project.
b.
Commercial and Institutional Development.
1.
A minimum of 5% of the total land area of lots two acres or less
shall be landscaped.
2.
A minimum of 10% of the total land area of lots greater than two
acres shall be landscaped.
3.
Unless deed restrictions are more restrictive, a minimum ten-foot
setback from all adjacent public rights-of-way, excluding driveways
and walkways, shall be landscaped with a combination of plant materials
in order to create a variety of landscape elevations.
c.
Industrial Development.
1.
A minimum of 5% of the total site area shall be landscaped.
2.
Unless deed restrictions are more restrictive, a minimum ten-foot
setback from all adjacent public rights-of-way, excluding driveways
and walkways, shall be landscaped with a variety of plant materials
in order to create a variety of landscape elevations.
3.
A five-foot landscaped setback shall be provided for solid walls
and fences adjacent to public streets.
4.
Paved areas within the minimum setback shall be limited to walkways
and required driveways.
d.
Location. A minimum of 50% of required nonresidential setbacks shall
be landscaped. All remaining landscaping shall be located to maximize
its visibility from public rights-of-way.
e.
Parkways. Parkways shall be landscaped with one thirty-six-inch box
tree for every 25 lineal feet of adjacent street frontage in commercial
zones and every 50 lineal feet of adjacent street frontage in residential
and industrial zones, unless alternate parkway landscaping is required
by the Architectural Review Board or the Department of Public Works.
f.
Phased Developments. Areas which are part of a phased development
plan and which are proposed for construction more than six months
from completion of a previous phase shall be temporarily landscaped
and irrigated for dust control. All parkway landscaping shall be completed
concurrent with construction of the first phase of the development.
g.
Parking Lots. Parking lots shall be landscaped in accordance with this section. Parking lot landscape design shall comply with subsection 30-21.6 of this Chapter.
|
Table 30-43.A
Minimum Landscaping Requirements
| ||||
|---|---|---|---|---|
|
Land Use
|
Front & Street Side Yard Setbacks
|
Rear & Interior Yards
|
Minimum Percentage of Lot
|
Parkway
|
|
Residential Projects
|
Fully landscaped, except driveways and walkways
|
Fully improved with landscaping, patios, deck and other finished
surface treatments
|
N/A
|
1 36 inches box tree per 50 lineal feet street frontage
|
|
Commercial Projects
|
10 feet minimum landscaped setback, may include driveways, walkways
|
Improved with parking areas, landscaping and other finished
surface treatments
|
Projects >2 acres: 5% Projects <2 acres: 10%
|
1 36 inches box tree per 25 lineal feet street frontage
|
|
Industrial Projects
|
10 feet minimum landscaped setback, may include driveways, walkways
|
Improved with parking areas, paved storage areas, landscaping,
other finished surface treatments
|
5%
|
1 36 inches box tree per 50 lineal feet street frontage
|
|
Institutions
|
10 feet minimum landscaped setback, may include driveways, walkways
|
Improved with parking areas, landscaping, other finished surface
treatments
|
Projects >2 acres 5% Projects <2 acres 10%
|
1 36 inches box tree per 25 lineal feet in commercial zones
and 50 lineal feet in residential and manufacturing zones
|
[1]
Editor's Note: The table referred to herein may be found at
the end of this subsection.
[Ord. #2011, § 1]
a.
Selection. All landscape materials shall be selected from the approved
materials list maintained by the Architectural Review Board.
1.
Landscaping shall be composed of a variety of plant materials, including
grass, shrubs, plants, flowers, vines, trees and ground covers. Agricultural
products shall not be used within required front and street side yard
landscaping.
2.
Materials shall be selected for ease of maintenance, drought tolerance,
soil retention, fire resistance, ability to provide shade and overall
adaptability.
3.
Materials shall be compatible as to color, form and pattern with
adjacent properties and integrated with the overall project including
buildings, freestanding structures, parking lots and streets.
b.
Additional Materials Permitted. Landscaping may incorporate materials
other than plants to achieve aesthetic effect. Acceptable materials
include cobbles, crushed rock, woodchips or bark, stepping stones,
decorator edging, fountains and pools and low-intensity lighting.
These materials shall not be used in lieu of planting materials.
[Ord. #2011, § 1]
a.
Automatic Irrigation. An automatic irrigation system shall be installed
in all required landscaped areas, including parkways. The system shall
be adequate to insure the long-term viability of all landscape improvements.
b.
Controls. The system shall include backflow preventers and anti-siphon
valves. The controls shall be placed in appropriate enclosures in
order to reduce vandalism.
c.
Sprinkler Heads. Sprinkler heads and risers shall be protected from
pedestrian and vehicular traffic. Pop-up heads shall be installed
near curbs and sidewalks.
d.
Excess Irrigation. Water waste resulting from inefficient irrigation
systems that create excessive runoff, overspray and other conditions
in which water flows onto adjacent property or improvements shall
be prohibited.
[Ord. #2011, § 1]
a.
Installation. Plant materials shall be installed to current nursery
industry standards. Plant materials shall be properly supported to
ensure survival. Support devices such as guy wires or stakes shall
not interfere with vehicular or pedestrian movement.
b.
Maintenance. Landscape maintenance is the responsibility of the property
owner. Landscaping shall be maintained in a neat, clean and healthy
condition. Maintenance shall consist of, but shall not be limited
to, the following:
c.
Safety. Landscape materials shall be located and maintained so they
do not:
1.
Interfere with safe sight distances for vehicular, bicycle or pedestrian
traffic;
2.
Conflict with overhead or underground utility lines, overhead lights
or walkway lights;
3.
Block pedestrian or bicycle ways;
4.
Interfere with basic property rights of adjacent property owners,
particularly the right of solar access;
5.
Contribute to fire hazards, as determined by the Fire Department;
and
6.
Present safety hazards, as determined by the Police Department.
d.
Corner Lots and Intersections.
1.
A visual clearance triangle shall be established at the intersection
of all streets, alleys and driveways for the purpose of maintaining
adequate sight distance. The triangle shall have a minimum dimension
on the sides of 15 feet.
2.
Within a visual clearance triangle, trees shall be pruned so that
no branches extend lower than six feet above curb level. Other plants
shall not exceed 2 1/2 feet in height above curb level.
[Ord. #2011, § 1]
a.
Removal of Approved Landscaping. Architectural Review Board approval
shall be required prior to the removal or alteration of landscaping
previously approved by the City. This does not apply to routine removal
of material that occurs during normal maintenance.
b.
Removal or Destruction of Trees. Existing mature trees shall be preserved
during project development whenever possible. Tree removal or destruction
shall conform to the following provisions:
1.
When a mature or specimen tree is removed, mutilated or destroyed
the Architectural Review Board may require its replacement with a
tree of equivalent size and species.
2.
When more than five trees are to be cut down, uprooted, destroyed
or removed within a twenty-four-month period, a permit and replacement
plan must be approved by the Architectural Review Board.
[Ord. #2025, § 1]
These regulations establish standards for fences that:
[Ord. #2025, § 1]
a.
Applicability. These regulations apply to all fences, walls, hedges,
gates or any other structures that are designed to separate or enclose
property or screen activities, materials or equipment from view.
b.
Fence Maintenance. Every fence, including temporary fences, shall
be properly maintained and kept in good repair.
1.
Fences shall be physically safe and stable and shall not constitute a dangerous structure as defined in subsection 14-3.2 of the Compton Municipal Code.
2.
Defective parts shall be replaced and cracks, holes and broken surfaces
repaired. Gates, hinges and locks shall be maintained in working order.
3.
Fences shall be kept clean, neatly painted and free from graffiti,
termites, rust, corrosion, holes, or other unsightly conditions.
c.
Preexisting Fencing. Fences and gates that were constructed prior
to adoption of this section shall be regulated as follows:
1.
Preexisting fences and gates may be continued, without upgrade, provided
they conform to the following standards:
(a)
They are physically stable, meet minimum standards for safe construction and do not constitute a dangerous structure as defined by subsection 14-3.2 of the Compton Municipal Code.
(b)
They were constructed of recognized fencing materials such as
chain link, wrought iron, wood panels or planks which are painted
or treated for weather resistance, masonry or enameled steel.
(c)
They are in good condition and conform to the standards for
safety, maintenance and repair contained in this section.
(d)
They do not exceed five feet in height within a residential
front yard or eight feet in height within a residential rear or side
yard.
(e)
Residential rear yard fences and gates which abut a public right-of-way
are constructed so they successfully screen the rear yard and all
visible outside storage from public view.
(f)
Fences and gates that separate a commercial or manufacturing
zone from a residential zone are constructed of solid wood or masonry
and are no less than six feet in height.
(g)
Fences and gates used to enclose storage of material or equipment
are solid and successfully screen all visible outside storage from
public view.
(h)
Gates do not open over or encroach upon public rights-of-way.
2.
Preexisting fencing must be replaced with fencing which conforms
to this section when:
(a)
The fence has deteriorated to the point that 25% of the fence
must be repaired or replaced.
(b)
The property where the fence is located initiates rehabilitation
or renovation the cost of which exceeds 25% of fair market value.
(c)
The buildings occupying the property where the fence is located
are expanded by 25% or more of gross floor area.
3.
Nothing in this subsection shall be construed to permit razor wire,
concertina wire, cut glass, used or salvaged materials or other materials
which were never permitted for use as fencing.
4.
Nothing in this subsection shall be construed to permit the use of
barbed wire within residential or commercial zones.
d.
Architectural Review Board. The Architectural Review Board shall
approve all fences and gates constructed along major or secondary
highways. Rear yard fences for single-family homes are exempted from
review except as required by the Planning Commission or an approved
Corridor Improvement Plan.
e.
Major Corridors. The Community Redevelopment Agency may require that
existing fencing be upgraded in conjunction with an approved Corridor
Improvement Plan.
[Ord. #2025, § 1; Ord. #2080, § 1]
Table 30-44.A provides standards for fence height and construction
for each land use. In addition to the information provided in the
table, the following standards shall apply:
a.
Required Fencing.
1.
A solid fence shall be provided in accordance with this section for:
(a)
All residential rear yards.
(b)
All property lines which separate a commercial or manufacturing
zone from a residential zone.
(c)
All areas, irrespective of zone, which contain outside storage
or maintenance of vehicles, equipment, machinery or other goods and
materials. Materials may not be stored higher than the height of the
fence.
2.
A solid, open or combination fence with a self-closing and locking
gate shall be provided for any public or private swimming pool.
b.
Optional Fencing. A fence may be constructed along property lines
where no fence is required provided it is constructed in accordance
with this section.
c.
Open Fencing. An open or open work fence shall mean a fence which
permits the free passage of light and in which the component solid
portions are evenly divided and constitute not more than 50% of the
total surface area of the face of the fence.
d.
Combination Fencing. A combination fence shall mean a fence with
decorative pilasters and/or a solid base no more than 50% the height
of the fence.
e.
Gates. No gate shall swing out over a public right-of-way. All gates
shall open parallel to the fence or swing open onto the property itself.
f.
Height Measurement.
1.
Fence height shall be measured from the finished grade (excluding
berming or mounding) to the top of the fence.
2.
When a difference in grade exists on opposing sides of a rear or
side yard fence, the height of the fence may be measured from the
elevation of the higher grade provided the total height of the fence
does not exceed the maximum fence height for the zone by more than
two feet.
g.
Trash Enclosures. All trash from all multiple-family, commercial
and manufacturing uses shall be kept in an enclosure of the type described
in this paragraph.
1.
Trash enclosures shall have a minimum dimension of eight feet by
eight feet and shall be sufficient in size to contain all trash containers.
2.
Trash enclosures shall be bounded on three sides by walls constructed
of masonry, block or a similar material compatible in color, texture
and appearance with the main structure.
3.
The height of the enclosure shall be a minimum of six feet and shall
be sufficient to conceal the contents of the enclosure, including
all containers.
4.
Trash enclosures shall have a gated opening of sufficient width to
permit the removal and replacement of trash bins and/or containers.
The gate shall be constructed of an opaque material and shall be equipped
with a latch or other device to ensure that the gate remains closed
when not in use.
5.
Trash bins and/or containers shall remain in the enclosure except
during trash collection operations.
6.
All trash enclosures shall be approved by the Architectural Review
Board.
7.
The Architectural Review Board may approve modified provisions for
the storage of trash containers within manufacturing zones provided
that the bins will be fully screened from the public right-of-way.
8.
The Architectural Review Board may approve modified provisions for
the screened storage of trash containers within commercial and residential
zones where construction of a traditional trash enclosure would be
physically impossible.
|
Table 30-44.A
Fencing Standards
| |||
|---|---|---|---|
|
Standard
|
Status
|
Height
|
Provisions
|
|
Residential Zones or Uses
| |||
|
Front Yards Abutting Residential Streets
|
Optional
|
0 feet Minimum - 3 1/2 feet Maximum
|
Open or Combination
|
|
Front Yards Abutting Nonresidential Streets and
Major and Secondary Highways
|
Optional
|
0 feet Minimum - 5 feet Maximum
|
Open or Combination
|
|
Rear and Side Yards Abutting Residential Zones
|
Required
|
5 feet Minimum - 6 feet Maximum
|
Solid
|
|
Rear and Side Yards Abutting Public Rights-of-ways,
Schools, Commercial or Manufacturing Zones
|
Required
|
5 feet Minimum - 8 feet Maximum
|
Solid
|
|
Commercial Zones or Uses
| |||
|
Front Yards
|
Optional
|
0 feet Minimum - 6 feet Maximum
|
Open or Combination
|
|
Rear and Side Yards Abutting Residential Zones
|
Required
|
6 feet Minimum - 8 feet Maximum
|
Solid
|
|
Rear and Side Yards
|
Optional
|
0 feet Minimum - 8 feet Maximum
|
Open, Solid or Combination
|
|
Manufacturing Zones or Uses
| |||
|
Front Yards
|
Optional
|
0 feet Minimum - 6 feet Maximum
|
Open, Solid or Combination
|
|
Rear and Side Yards Abutting Residential Zones
|
Required
|
6 feet Minimum - 8 feet Maximum
|
Solid
|
|
Rear and Side Yards
|
Optional
|
0 feet Minimum - 12 feet Maximum
|
Open, Solid or Combination
|
|
Outside Storage
|
Required
|
6 feet Minimum - 12 feet Maximum; Sufficient to screen all storage
|
Solid
|
|
Swimming Pools
| |||
|
All Zones
|
Required
|
6 feet Minimum - 8 feet Maximum
|
Open, Solid or Combination - Self-closing Gate
|
[Ord. #2025, § 1; Ord. #2155, § 6]
Standards for fencing materials shall be based on land use,
irrespective of the zone in which the use is located. The following
materials shall be permitted:
a.
White Picket Fences: White picket fences shall be allowed to enclose
the front yard setback of any residential use in all zones, except
where solid fencing is required to separate commercial or manufacturing
zones from a residential zone and on vacant lots in residential and
commercial zones. Picket fencing may be made of wood, polyvinyl or
other approved material.
b.
Wrought Iron. Wrought iron fencing may be used for all fences enclosing
required front yard setbacks in all zones. Front yard fences may include
the use of decorative masonry pilasters and may contain a masonry
base no more than 50% the fence height.
c.
Masonry. Masonry fencing shall be used in the following situations:
1.
On all property lines which separate a commercial or manufacturing
zone from a residential zone.
2.
On all property lines which separate a multiple-family residential
zone from a single-family residential zone.
3.
On all rear and side yard property lines in all zones when adjacent
to a major or secondary highway.
4.
On all rear and side yard property lines in new subdivisions.
d.
Wood. Wood panels or planks designed for fencing construction and
painted or treated for weather resistance may be used on interior
rear and side yard property lines in all zones when:
e.
Chain Link. Chain link fencing may be used in the following situations:
1.
On interior commercial, manufacturing and institutional property
lines which are not adjacent to a residential zone or visible from
a public right-of-way.
2.
To enclose swimming pools which are not visible from a public right-of-way.
3.
To enclose vacant lots and construction sites.
4.
In combination with neutral colored slats to screen outdoor storage
areas in manufacturing zones which are not visible from, or adjacent
to, a public right-of-way.
f.
Alternate Materials. The Architectural Review Board may approve alternate
fencing materials which are comparable in appearance, durability and
screening capacity to those specified herein provided the alternate
material will be compatible with fencing in the area. The Board shall
maintain a list of approved alternate materials, which shall include,
but not be limited to, split rail fences, enameled steel fences, hedges
and other landscaping treatments.
g.
Barbed Wire. A maximum of three strands of barbed wire may be used
along property line fences which do not abut residential zones within
the M-L and M-H Zones.
h.
Prohibited Materials. (For exception, see subsection 30-20.5i of this Chapter.)
1.
Corrugated metal, sheet metal, tin and similar materials.
2.
Chicken wire.
3.
Fiberglass products.
4.
Plywood, panel board or other wood products not designed for exterior
fencing.
5.
Used and salvaged materials of any kind, including tires, railroad
ties or doors.
6.
Electrified fencing.
7.
Razor wire, concertina wire or cut glass.
8.
Fabric or plastic sheeting.
[Ord. #2025, § 1]
b.
Minor Modifications. In order to provide design review flexibility
and implement the goals of the City's design policy, the Architectural
Review Board may approve permits for minor modifications to the fencing
standards as follows:
1.
Fencing materials not specified on the approved materials list may
be approved if comparable in appearance, durability and screening
capacity to those materials on the list.
2.
Alternate fencing designs may be approved if compatible in design
and appearance with adjacent fencing.
3.
Fence height adjustments, not to exceed two feet, along major corridors
may be approved in order to bring property into conformance with adjacent
properties.
4.
Fence height adjustments, not to exceed 1 1/2 feet, along residential
property lines may be approved in order to bring property into conformance
with the average fence height along neighboring properties within
150 feet of the proposed fence.
[Ord. #2101, § 20]
The purpose of the design provisions of this Chapter is to guarantee
that projects within the City will conform to sound design principles
regarding the construction and appearance of buildings, site layouts,
landscaping, parking, signage, access and other physical design features.
[Ord. #2101, § 20]
The following projects shall be subject to design review:
c.
Auxiliary structures, utility structures and mechanical appurtenances.
d.
Accessory and temporary uses.
e.
Public art, including murals.
f.
Residential subdivisions.
g.
Projects referred for design review by the Planning Commission.
h.
Projects referred for design review by any portion of the Compton
Municipal Code.
[Ord. #2101, § 20]
An Architectural Review Board shall be established to review
those projects designated by this Chapter as subject to design review.
a.
The Architectural Review Board shall be administered by the Planning
Department and shall be composed of the following members:
[Ord. #2101, § 20]
a.
Staff Review. The following minor projects will be reviewed by assigned
City staff for administrative approval:
1.
Exterior paint and stucco that conforms to the City's Uniform Paint
Ordinance.
2.
Changes in text to existing, conforming signage.
3.
Auxiliary structures such as trash and utility enclosures and mechanical
appurtenances that are predominately screened from public view.
4.
Minor modifications to perimeter fencing standards.
b.
Design Team Review. Small and medium sized projects shall be reviewed
by a Design Review Team composed of a minimum of two members of the
Architectural Review Board, including a representative of the Planning
Department or the Building and Safety Department.
c.
Committee Review. Large projects shall be reviewed by a Design Review
Team composed of a minimum of four members of the Architectural Review
Board, including a representative of the Planning Department.
[Ord. #2101, § 20]
The Architectural Review Board shall review all projects to
verify compliance with the development standards in this Chapter as
follows:
a.
Minor Modifications. The Architectural Review Board may approve minor
modifications to the property development standards in this Chapter
in order to provide design review flexibility and implement the goals
of the City's design policy. Such modifications shall represent no
more than a 10% reduction to the applicable standard and shall only
be approved as a part of the design review process for new or remodeled
projects where conformance to the Code would pose a substantial hardship
and create a significant negative impact on overall project design.
b.
Temporary and Accessory Uses. The Architectural Review Board may
approve the following temporary uses:
[Ord. #2101, § 20]
Projects that are subject to design review shall be submitted
in accordance with the following application and processing procedures:
a.
Application. The application shall be submitted on an approved form
and shall show the street address, the proposed use, pictures, a fully
dimension site plan and such other information as the Architectural
Review Board deems necessary.
b.
Finality of Action. Architectural Review Board decisions are final
unless appealed as follows:
1.
Staff and administrative design decisions may be appealed to the
full Architectural Review Board within five calendar days of the applicable
decision.
2.
Decisions by the full Architectural Review Board may be appealed
to the Planning Commission within five calendar days of Board action.
3.
Decisions by the Planning Commission may be appealed to the City
Council within five calendar days of Commission action.
4.
Decisions by the City Council shall be final.
c.
Filing Fees. At the time of submission or appeal, the applicant shall
pay a filing fee, the amount of which shall be set by an ordinance
of the City Council and shall be adjusted periodically to reflect
changes in processing costs borne by the City.
[Ord. #2121, § 1]
The purpose and intent of this section is to establish standards
for the location, siting and design of PWSFs, and the goals of this
section are to: (1) allow for alternative types of PWSFs in any location
subject to standards; (2) encourage the use of the existing right-of-way
with new utility poles made expressly for deploying PWSFs; (3) expedite
the review process for those applications choosing the least intrusive
alternative of deploying PWSFs; (4) encourage users of monopoles and
antennas to locate, site and design them in a way that minimizes the
adverse visual impact of the monopoles and antennas; (5) enhance the
ability of the providers of personal wireless services to provide
such services to the community quickly, effectively, and efficiently;
and (6) promote PWSFs' compatibility with surrounding land uses, as
well as protect the health, safety, general welfare, and property
values of the community.
[Ord. #2121, § 1]
Each personal wireless service facility (PWSF) must have at
least two permits: one building permit and one zoning permit, each
of which shall be issued by the City of Compton in accordance with
this section.
[Ord. #2121, § 1]
a.
AESTHETICS – Shall mean a term of art rather than demonstrable
fact that should not be used in the evaluation or denial of a PWSF
application.
b.
ANTENNA – Shall mean a whip (omnidirectional antenna), panel
(direction antenna), disc (parabolic antenna) or similar device used
for transmission and/or reception of radio frequency signals. An antenna
alone is not a PWSF.
c.
ANTENNA ARRAY – Shall mean an antenna array one or more whips,
panels, discs, or similar devices used for the transmission or reception
of radio frequency signals, which may include omnidirectional antennas
(whips), directional antennas (panels), and parabolic antennas (discs).
The antenna array does not include the mount as defined herein.
d.
APPLICANT – Shall mean a person or entity with an application
before the City for a permit for a PWSF. The applicant must be a carrier,
a landowner where the facility will be located or the proposed owner
of the facility. A carrier must be either the applicant or the co-applicant
on each application. If the proposed PWSF is for two or more carriers,
each carrier must file its own application as either the applicant
or co-applicant.
e.
AGL (ABOVE GROUND LEVEL) – Shall mean the actual height of
the PWSF from the ground to the highest part of the mount or the antenna,
whichever is higher. Beacons, lightning rods and other appurtenances
are included in this calculation.
f.
CAMOUFLAGE – Shall mean a way of painting and mounting a PWSF
that requires minimal changes to the host structure in order to accommodate
the facility.
g.
CARRIER – Shall mean a company licensed by the Federal Communications
Commission (FCC) to provide personal wireless services. A tower company,
a tower management firm or a tower builder is not a carrier.
h.
CELLULAR – Shall mean a mobile telephone service operating
in the 800 MHz spectrum.
i.
CITY – Shall mean City of Compton, California.
j.
CO-APPLICANT – Shall mean a person or entity that joins with
an applicant in an application before the City for a permit for a
PWSF. The co-applicant can only be a carrier, a landowner where the
facility will be located or the proposed owner of the facility. A
carrier must be either the applicant or the co-applicant on each application.
If the proposed PWSF is for two or more carriers, each carrier must
file its own application as either the applicant or co-applicant.
k.
CO-LOCATION – Shall mean the use of a common support structure
or common site by two or more PWSFs or by one carrier for more than
one type of communications technology. A single carrier mounting on
a structure for any other use, such as electrical transmission or
distribution, is not co-location.
l.
COMMERCIAL MOBILE RADIO SERVICES (CMRS) – Shall mean per section
704 of the Telecommunications Act of 1996, which amended Section 332(c)(7)(A)
of the Communications Act of 1934, any of several technologies using
radio signals at various frequencies to send and receive voice, data
and video. These services include Cellular PCS, paging, Enhanced Specialized
Mobile Radio and Specialized Mobile Radio.
m.
COMMON CARRIER WIRELESS EXCHANGE SERVICES – Shall mean those
services which initiate, relay or terminate a local exchange carrier's
or competitive local exchange carrier's telephonic message via a wireless
connection.
n.
CONCEAL – Shall mean to enclose a PWSF within a natural or
man-made feature resulting in the facility being either invisible
or made part of the feature enclosing it.
o.
DESIGN – Shall mean the appearance of PWSFs such as their materials,
colors and shape.
p.
DISGUISE – Shall mean to design a PWSF to appear to be something
other than a PWSF.
q.
DISTRIBUTED ANTENNA SYSTEM (DAS) – Shall mean a system combining
fiber optic transport and PWSFs. That part of a DAS that transmits
or receives a personal wireless service carrier's signal is a PWSF
and is governed by this section.
r.
ELEVATION – Shall mean the measurement of height above sea
level. Also AMSL, or above mean sea level.
s.
ENHANCED SPECIALIZED MOBILE RADIO (ESMR) – Shall mean private
land mobile radio with telephone services.
t.
EQUIPMENT CABINET/EQUIPMENT SHELTER – Shall mean an enclosed
structure at the base of the mount within which are housed the equipment
for the PWSF such as batteries and electrical equipment.
u.
FALL ZONE – Shall mean the area on the ground within a prescribed
radius from the base of a PWSF. The fall zone is the area within which
there might be a potential hazard from falling debris or collapsing
material.
v.
FEDERAL COMMUNICATIONS COMMISSION (FCC) – Shall mean an independent
Federal agency charged with licensing and regulating wireless communications
at the national level.
w.
FUNCTIONALLY EQUIVALENT SERVICES – Shall mean cellular, PCS,
Enhanced Specialized Mobile Radio and Specialized Mobile Radio. Section
704 of the Telecommunications Act prohibits unreasonable discrimination
among functionally equivalent services.
x.
HEIGHT – Shall mean the distance measured from ground level
to the highest point of PWSF, including the antenna array. For purposes
of measuring height, all antennas or other attachments mounted on
a structure shall be included in the measurements to determine overall
(i.e. combined) height.
y.
LATTICE TOWER – Shall mean a type of mount that is usually
ground-mounted and self-supporting with multiple legs and cross-bracing
of structural steel. This section prohibits lattice towers, other
than those already existing at the time this section is adopted.[1]
z.
LOCATION – Shall mean the area where a PWSF is located on proposed
to be located.
bb.
MODIFICATION – Shall mean the changing of any portion of a
PWSF from its description in a previously approved permit. This includes
upgrading to different technologies such as "3G" and name changes
of the carriers. The FCC definitions for "modification" are different
than local government rules.
cc.
MONOPOLE – Shall mean the shape of mount that is self-supporting
with a single shaft of wood, steel or concrete and antennas at the
top and/or along the shaft.
dd.
MOUNT – Shall mean the structure or surface upon which antennas
are mounted, e.g.:
ee.
PERSONAL WIRELESS SERVICE FACILITY (PWSF) – Shall mean a facility
for the provision of personal wireless services, as defined by Section
704 of the Telecommunications Act of 1996, which amended Section 332(c)(7)(A)
of the Communications Act of 1934. A PWSF is any unstaffed facility
for the transmission and/or reception of personal wireless services,
usually consisting of an antenna array, transmission cables, equipment
shelter and a mount. The transmission or reception portion of a Distributed
Antenna System is a PWSF and is governed by this section.
ff.
PERSONAL WIRELESS SERVICES – Shall mean any personal wireless
service defined in the Federal Telecommunications Act which includes
Federal Communications Commission (FCC) licensed commercial wireless
communications services including cellular, personal communications
services (PCS), specialized mobile radio (SMR), enhanced specialized
mobile radio (ESMR), paging as well as unlicensed wireless services,
and common carrier wireless exchange access services.
gg.
RADIO FREQUENCY RADIATION (RFR) – Shall mean the emissions
from PWSFs that can, in excessive amounts, be harmful to humans. RF
emissions are part of the RF signal.
hh.
RADIO FREQUENCY (RF) SIGNAL – Shall mean the actual beam or
radio waves sent and received by a PWSF. A signal is the deliberate
product of a PWSF and an RF emission is part of the signal.
ii.
SECURITY BARRIER – Shall mean a locked, impenetrable wall,
fence or berm that completely seals an area from unauthorized entry
or trespass.
jj.
SHORT MOUNTS – Shall mean alternatives to monopoles or guyed
and lattice towers, such as masts or poles. For example, two poles
or three masts might be an alternative to one monopole.
kk.
SITE – Shall mean that portion of a subject property where
a PWSF is to be placed. Any acceptable location may have several potential
sites within it.
ll.
SITING – Shall mean the method and form of placement of PWSFs
on a specific area of a subject property.
mm.
SPECIALIZED MOBILE RADIO (SMR) – Shall mean a form of dispatch
or two-way communication used by companies that rent space or time
from an SMR carrier. Used primarily for data, delivery vans, truckers
or taxis within a small, definable geographic area.
nn.
STANDARDS – Shall mean rules or measures by which acceptability
is determined. PWSFs are measured by standards measuring visibility
or safety. Wireless planning tends to regulate PWSFs on three levels:
location (or where the PWSF site can go), siting (or how the PWSF
is placed within its setting) and design (or what the PWSF looks like).
oo.
TOWER – Shall mean a term used as a modifier (e.g., tower builder)
or when modified (e.g., lattice tower). PWSFs are not towers.
pp.
UNLICENSED WIRELESS SERVICES – Shall mean commercial mobile
services that can operate on public domain frequencies and therefore
need no FCC license for their sites. Wi-Fi and Wi-Max are examples
of unlicensed wireless services.
qq.
UTILITY POLE – Shall mean for purposes of this section, any
public, semi-public or quasi-public vertical element in the City,
such as a distribution pole for electricity, a cable pole, a traffic
signal stanchion or a light pole. All short mounts in the right-of-way
shall be new utility poles and all new utility poles shall be dedicated
to the City of Compton.
rr.
WIRELESS COMMUNICATIONS – Shall mean any form of signaling
by wireless, including personal wireless services, that require a
transmitter, a receiver, and a path - sometimes straight, sometimes
indirect - between them.
[Ord. #2121, § 1]
a.
Exclusion for Amateur Radio Facilities. This section shall not govern
the installation of any amateur radio facility that is owned and operated
by a Federally-licensed amateur radio station operator or is used
exclusively for noncommercial, receive-only antennas. No amateur radio
facility shall include a PWSF without complying with this section.
b.
Relationship to PWSFs Not Approved Under This Section.
1.
A PWSF for which a permit has been issued prior to the effective
date of this section shall be deemed a permitted use, subject to the
conditions of that permit and the regulations in force until this
section is adopted. The issuance of permit renewals or other new permits
for such facilities after this section is adopted shall be in accordance
with the provisions of this section.[1]
2.
Damaged or destroyed facilities, as originally permitted, may be
rebuilt and all such facilities may be replaced by facilities of the
same type and height at the same location and lattice towers should
be changed to mounts of lesser visual intensity.
3.
Placement of an attached array or a single antenna on a legally nonconforming
structure shall not be considered an expansion of the nonconforming
structure. However, placement of any attached array, single antenna
or any other portions of a PWSF on an existing structure, whether
legally nonconforming or conforming, shall require a permit to be
obtained for the PWSF under the terms of this section.
4.
Any carrier with a least one pre-existing PWSF in the City of Compton
that is out of compliance with the City of Compton building and zoning
requirements, in existence prior to the adoption of this section,
shall not be eligible for any new approvals of PWSFs by the City until
the pre-existing PWSF or PWSFs are brought into compliance with this
section.
c.
Unpermitted Facilities, Mounts or Equipment.
1.
Unpermitted facilities are those with permits, including drawings,
that no longer describe the existing facility as well as those with
no permits at all.
2.
No issuance of any permit under this section shall occur for a request to co-locate, attach, or share an existing PWSF site, mount or facility, when such existing site, mount or facility is found to have unpermitted PWSFs as described in subsection 30-46.4c1 above and/or any structure, mount or facility is found to lack one or more building, electrical or any other permits required by the City of Compton Building Department and the laws that office is authorized to implement and enforce.
3.
Any application by a wireless carrier or other entity shall not be accepted by the City of Compton if that wireless carrier or other entity has a pre-existing PWSF on, or the other entity owns, a mount, rooftop or tower, on which there is any unpermitted PWSF as described in Section 30-46.4c1 until that unpermitted PWSF is brought into compliance with this section.
d.
Relationship to Other Ordinances. This section shall supersede conflicting
requirements contained in the City of Compton Municipal Code or enacted
as resolutions regarding the regulation and permitting of PWSFs.
[Ord. #2121, § 1]
a.
b.
No such application shall be accepted by the City until outstanding
permit violations are satisfied.
[Ord. #2121, § 1]
PWSFs shall be eligible for either an Administrative PWSF Permit
or a Conditional Use Permit in all districts on the Zoning Map of
the City of Compton Zoning Ordinance, provided that such PWSFs comply
with the standards of this section and the permits under which PWSFs
are regulated. A Tier One PWSF may be eligible for approval only when
proposed on City of Compton right-of-way.
[Ord. #2121, § 1]
The approval of PWSFs shall be subject to meeting or exceeding
the following standards.
a.
Location Standards.
1.
The only mandatory location standard shall be that no PWSF will be
permitted on existing utility poles.
2.
Opportunity Sites. A PWSF should be located at one of the following
Opportunity Sites:
4.
In all instances except for subsection 30-46.7a1 above, these location standards shall be considered directory but not mandatory.
5.
PWSFs may also be permitted in areas that are not Opportunity Sites
subject to the following siting, design and safety standards and permitted
in Avoidance Areas subject to the following siting, design and safety
standards.
6.
These standards apply regardless of radio frequency (RF) engineering
considerations.
b.
Siting Standards. PWSFs should meet the following siting standards.
1.
To the greatest extent possible, PWSFs should be concealed within
existing structures or where camouflaged conditions surround them,
or on inconspicuous mounts.
2.
Placement within trees should be encouraged, but no antennas should
extend higher than 10 feet above the average tree height.
3.
Placement on existing roofs or nonwireless structures should be favored
over ground-mounted PWSFs.
4.
Roof-mounted PWSFs should not project more than five additional feet
above the height of a legal building, but in no way above the height
limit of the zoning district within which the PWSF is located.
5.
Side-mounted PWSFs should not project more than 20 inches from the
face of the mounting structure.
6.
These standards apply regardless of RF engineering considerations.
c.
Design Standards. PWSFs should meet the following design standards.
1.
Color. All PWSFs should be painted or complementary with natural
tones (including trees and sky), or camouflaged to match the host
structure color.
2.
Size. The silhouette of the PWSF should be reduced to the minimum
visual impact.
5.
Antennas, including panels, whips, dishes and any array holding several
antennas, should be kept as close to the mount as possible.
6.
Height should be kept to a minimum.
(a)
Heights of PWSFs should be no higher than the height of the
uppermost height of nearby structures (within 300 feet horizontal
feet (when measured along the ground) of the proposed PWSF, regardless
of prevailing height limits in the zoning district.
(b)
In the event there are no nearby buildings (within 300 feet
horizontal feet when measured on the ground) of the proposed site
of the PWSF the following should apply:
(1)
All ground-mounted PWSFs (including the security barrier) should
be surrounded by nearby dense tree growth for a radius of 20 feet
horizontal feet (when trunk centerlines are measured on the ground)
from the PWSF in any direction. These trees can be existing on the
subject property or installed to meet the twenty-foot requirement
as part of the proposed PWSF or they can be a combination of both.
(2)
Ground-mounted PWSFs should not project more than 10 feet above
the average tree height.
7.
These standards apply regardless of RF engineering considerations.
d.
Safety Standards. PWSFs should meet the following safety standards.
[Ord. #2121, § 1]
a.
Fall Zone.
b.
Setback.
1.
All PWSFs, including mounts and equipment shelters or cabinets, shall
comply with the most stringent (e.g., where a side yard abuts a street)
setback requirements on all sides of the lot of the applicable zoning
district as set forth in the City of Compton Zoning Ordinance.
2.
The antenna array for an attached PWSF is exempt from the setback
requirements of this section and from the setback for the zoning district
in which they are located, provided that no such antenna array shall
extend more than five feet horizontally from the attachment structure
at the point of attachment, nor shall such array extend over the lot
line.
3.
On parcels with a main building housing a primary use, all components
of the PWSF shall be located behind the main building line in the
front yard.
[Ord. #2121, § 1]
An applicant shall submit the following information as part
of an application for a PWSF.
a.
Application Information.
1.
Name, address and telephone number of applicant and all co-applicants
as well as any agents for the applicant or co-applicants.
2.
A carrier must either be an applicant or co-applicant and no more
than one carrier is allowed in one application. If the proposed PWSF
is for two or more carriers, each carrier must file its own application
as either the applicant or co-applicant.
3.
A co-location can only be applied for with separate applications
from each carrier proposed for co-location. Each application for the
co-location must show a mount with a designed position for the other
carriers that are applying for co-location.
4.
A copy of the lease with the property owner and/or the structure
owner of the proposed PWSF must be submitted, whichever or both that
apply.
5.
Original signatures for the applicant and all co-applicants applying
for the PWSF must be submitted. If an agent will represent the applicant
or co-applicant, original signature authorizing the agent to represent
the applicant and/or co-applicant must be submitted. Photo reproductions
of signatures are not acceptable.
b.
Location Information.
1.
Identify the subject property by including the name of the nearest
street or streets, and street address, if any.
2.
Assessor's parcel number of subject property or, in the case of a
new utility pole in the right-of-way, the nearest property.
3.
Zoning district designation for the subject parcel and for all parcels
within 300 feet of the property lines of the subject parcel.
4.
A line map to scale showing the subject property and all properties
within 300 feet and the location of all buildings, including accessory
structures, on all properties shown.
5.
A City-wide map showing the other existing PWSFs owned or operated
by this carrier in the City and outside the City within one mile of
its corporate limits.
c.
Siting Information.
1.
A one inch equals 40 feet vicinity plan showing the following (not
required for a new utility pole in the right-of-way):
(a)
Property lines for the subject property.
(b)
Property lines of all properties adjacent to the subject property.
(c)
Tree cover on the subject property and all properties adjacent
to the subject property, by specie and average height, as measured
by or available from a verifiable source.
(d)
Outline of all existing buildings, including purpose (e.g.,
residential buildings, garages, accessory structures, etc.) on subject
property and all properties adjacent to the subject property.
(e)
Proposed location of antenna, mount and equipment shelter(s)
and/or cabinet(s).
(f)
Cabinets and other equipment marked "future" or "growth" cannot
be approved as part of any application, but may be shown to demonstrate
that there is sufficient expansion space.
(g)
Location of all streets, public and private, on the subject
property and on all properties adjacent to the subject property including
driveways proposed to serve the PWSF.
(h)
Distances, at grade, from the proposed PWSF to each building
on the vicinity plan.
(i)
Contours at each foot AMSL (above mean sea level).
2.
Sight lines and photographs as described below:
(a)
Sight line representation. A sight line representation shall
be drawn from the closest facade of each residential building (viewpoint)
included on the vicinity plan to the highest point (visible point)
of the PWSF. Each sight line shall be depicted in profile, drawn at
one inch equals 40 feet. The profiles shall show all intervening trees
and buildings. In the event there is only one (or no) residential
building on the vicinity plan, there shall be at least two sight lines
from the closest habitable structures, if any.
(b)
Existing (before condition) photographs. Each sight line shall
be illustrated by one four-inch-by-six-inch color photograph of what
can currently be seen from the residential building.
(c)
Proposed (after condition) photo simulation. Each of the existing
condition photographs shall have the proposed PWSF superimposed on
it to show what will be seen from residential buildings if the proposed
PWSF is built. All photo simulations shall be positioned to show maximum
exposure of any proposed street, such street to be represented in
its proposed, finished appearance.
3.
A one inch equals 20 feet site plan showing the following (not required
for a new utility pole in the right-of-way):
(a)
The entire subject property, including property lines and streets
(public and private) adjacent to the subject property.
(b)
All existing buildings, including accessory structures.
(c)
All existing vegetation, by mass or individually by diameter
(four feet from the ground) of each stand-alone tree or shrub. Tree
masses or individual stand-alone trees shall be identified by specie(s).
(d)
Proposed security barrier for a ground-mount, indicating type
and extent as well as point of controlled entry.
(e)
All proposed changes to the existing property, including grading,
vegetation removal and temporary or permanent streets and driveways.
(f)
Representations, dimensioned and to scale, of the proposed mount,
antennas, equipment shelters, cable runs, parking areas and any other
construction or development attendant to the PWSF.
4.
Siting elevations, or views at-grade from the north, south, each
and west for a fifty-foot radius around the proposed PWSF plus from
all existing public and private streets that serve the subject property.
Elevations shall be at either 1/4 inch equals one foot or 1/8 inch
equals one-foot scale and show the following:
(a)
Antennas, mounts and equipment shelter(s), with total elevation
dimensions and AGL of the highest point.
(b)
Security barrier. If the security barrier will block views of
the PWSF, the barrier drawing shall be cut away to show the view behind
the barrier.
(c)
Any and all structures on the subject property.
(d)
Existing trees and shrubs at current height and proposed trees
and shrubs at proposed height at time of installation, with approximate
elevations dimensioned.
(e)
Grade changes, or cuts and fills, to be shown as original grade
and new grade line, with two foot contours AMSL.
d.
Design Information.
1.
Equipment brochures for the proposed PWSF such as manufacturer's
specifications or trade journal reprints. These shall be provided
for antennas, mounts, equipment shelters, cables as well as cable
runs, and security barrier, if any.
2.
Materials of the proposed PWSF specified by generic type and specific
treatment (e.g., anodized aluminum, stained wood, painted fiberglass,
etc.). These shall be provided for the antennas, mounts, equipment
shelters, cables as well as cable runs, and security barrier, if any.
3.
Colors of the proposed PWSF represented by a color board showing
actual colors proposed. Colors shall be provided for the antennas,
mounts, equipment shelters, cables as well as cable runs, and security
barrier, if any.
4.
Dimensions of the PWSF specified for all three directions: height,
width and breadth. These shall be provided for the antennas, mounts,
equipment shelters and security barrier, if any.
5.
Appearance shown by at least two photographic photo simulations of
the PWSF within the subject property. The photo simulations shall
show the antennas, mounts, equipment shelters, cables as well as cable
runs, and security barrier, if any, for the total height, width and
breadth.
6.
Landscape plan including existing trees and shrubs and those proposed
to be added, identified by size of specimen at installation and species
(not required for a new utility pole in the right-of-way).
e.
f.
g.
Fees. The City shall have the right to properly plan for and evaluate
applications for PWSFs and to charge reasonable fees for such services
to the applicant. Fees shall be established and adopted by resolution
by the City Council of the City of Compton. Such fees may include,
but shall not be limited, to the following:
1.
Application Fee. The City staff shall evaluate each application on
a case-by-case basis. The application fee shall include, but shall
not be limited to, the cost for City staff to properly evaluate applications
for PWSFs. The application fee shall be equally applied to all applications
seeking a Conditional Use Permit. The fee for an Administrative PWSF
Permit shall be set at the discretion of the City of Compton Director
of Public Works.
2.
Special Fee. The City shall have the right to retain independent
consultants and experts that it deems necessary to review and evaluate
applications for individual PWSFs. The special fee shall be applied
to those applications that the City determines require special review
or evaluation.
3.
General Fee. The City has retained independent consultants and experts
on wireless planning and may retain future independent consultants
and experts to assist City staff with proper planning for PWSFs. The
general fee shall include, but shall not be limited to, the pro-rated
share for each applicant of such costs for the independent consultants
and experts and for City staff. The general fee shall be pro-rated
among all applications on an equal basis, regardless of permit requested.
4.
Annual Fee. An amount, set by Council resolution, shall be charged
for the administration and inspection of these facilities on an annual
basis.
[Ord. #2121, § 1]
Each application for PWSF should also contain at least two alternatives
that differ from the PWSF proposed in the application. These requirements
do not apply to proposals for new utility poles in the right-of-way.
a.
Differences. The alternatives need not be totally different from
the proposed PWSF; however, the alternatives should contain measurable
differences, such as:
1.
Height. An alternative can be identical to the proposed PWSF except
to be for a shorter height.
2.
Number. An alternative could be for two or more PWSFs that are shorter
than the proposed PWSF.
3.
Location. An alternative could be located on a different property
than the proposed PWSF.
4.
Siting. An alternative could be in a different place on the same
property as the proposed PWSF.
5.
Design. An alternative could be of the same height, location and
siting as the proposed PWSF, but be designed to appear differently.
6.
Technology. An alternative could be the use of a Distributed Antenna
System instead of the proposed PWSF.
b.
Submittal Requirements for Alternatives. The materials submitted
for each alternative should show only the differences between each
of the alternatives and the proposed PWSF.
c.
City of Compton Provision of Alternatives.
1.
The City staff shall prepare at least one alternative.
d.
Comparison of Proposed PWSF and Alternatives. The City of Compton
Architectural Review Board staff shall compare the proposed PWSF to
the alternatives on the basis of the following:
1.
Change in community scale, as exhibited in relative height, mass
or proportion of the PWSF within its proposed surroundings.
2.
New visible elements proposed on a contrasting background.
3.
Different colors and textures proposed against a contrasting background.
4.
Use of materials that are foreign to the existing built environment.
5.
Conservation of opportunities to maintain community scale, not compromising
buffering areas and low-lying buildings so as to start a trend away
from the existing community scale.
6.
Amount and diversity of landscaping and/or natural vegetation.
7.
Preservation of view corridors, vistas, and viewsheds.
8.
Continuation of existing colors, textures and materials.
e.
Ranking of Proposed PWSF and Alternatives. The City staff shall rank the proposed PWSF and each alternative based on the criteria listed in subsection 30-46.10d above. The ranking of the proposed PWSF and each alternative shall be submitted to the Architectural Review Board and/or Planning Commission along with each application for review by the Architectural Review Board and/or Planning Commission. The Architectural Review Board and/or Planning Commission shall consider the alternatives along with the proposed PWSF.
[Ord. #2121, § 1]
a.
Planning Department. The City of Compton Planning Director or his/her
designee shall receive all PWSF applications and assign each application
to one of the following three "tiers":
1.
Tier One. This tier is limited to applications that:
(a)
Place PWSFs on utility poles within City of Compton right-of-way.
(b)
Specify that all PWSFs on new utility poles shall be dedicated
to the City of Compton when the carrier specifies a utility pole that
meets the specifications of the City of Compton Director of Public
Works.
(c)
Meet all required location standards, design standards and safety
standards that apply in this section. In the event any of the standards
in the section are in conflict for a particular application, one or
the other conflicting standard shall be met.
(d)
Shall be maintained in accordance with all applicable local
ordinances.
2.
Tier Two. This tier is limited to applications that:
(a)
Attach a PWSF to an existing structure other than a new utility pole (as described in this section in subsection 30-46.3qq.)
(b)
Meet all location standards, siting standards, design standards
and safety standards in this section. In the event any of the standards
in the section are in conflict for a particular application, one or
the other conflicting standard shall be met.
3.
Tier Three. All applications that do not qualify as either Tier One
or Tier Two status shall be considered Tier Three applications.
[Ord. #2121, § 1]
Applicants and City staff shall use the following procedures
when reviewing PWSF applications, although City staff may waive some
steps if they are redundant.
a.
Pre-Application Conference. Applicants shall meet with City staff
prior to submitting an application for a PWSF. At the pre-application
conference:
b.
Application Form. The applicant shall submit the City's application
form and all required items as specified in this section to City staff
when applying for PWSFs.
c.
Letter of Completion.
1.
Within 30 days of receipt of an application for a PWSF, City staff
shall determine if the application form has been completed and if
all required items have been submitted.
2.
If City staff determines that the application form is not complete
and/or if all required items have not been submitted, the City staff
shall send the applicant a Letter of Incompletion. The Letter of Incompletion
shall list those items that are incomplete or missing and provide
the applicant 60 days to complete the application.
3.
If the applicant does not complete the application form and all required
items after 60 days, City staff shall send the applicant a letter
asking the applicant to withdraw the application within 30 days.
4.
If the applicant neither completes the application and all required
items nor withdraws the application within 90 days, the City shall
notify the applicant that the application is incomplete and cannot
be considered by the City.
5.
When the application form is complete and all required items have
been submitted, the City staff should send the applicant a Letter
of Completion.
e.
Tier One Review.
1.
The City staff shall notify or cause to be notified all property
owners within 300 feet of the proposed site. Notice shall be given
by first class mail, to the address shown on the roll of the Los Angeles
Recorder's office. The property owners shall be informed that an application
has been filed and they have the right to inspect the application
and comment thereon. Additionally, they shall be informed that comments
should be directed toward the standards contained in this section.
The applicants shall have the right to respond to any comments received.
The City staff may reassign the application to a Tier Two or Three
review, if comments are received justifying such reassignment.
2.
The City Director of Public Works shall review Tier One applications
for an Administrative PWSF Permit.
3.
The City Director of Public Works shall have 90 days to review the
completed application. Following review, the City Director of Public
Works shall either approve or deny the application. Such approval
or denial shall be in writing and supported by substantial evidence
contained in the written record.
4.
Either party, applicant or opposition, may appeal a decision of the
Director of Public Works to the City Council.
5.
If the application meets the requirements for a Tier One application
in this section, two permits shall be issued to the applicant:
f.
Tier Two and Three Review.
1.
The City staff shall review Tier Two and Three applications for Conditional
Use Permit.
2.
City staff shall prepare a staff report to the Planning Commission containing the information in subsection 30-46.13 of this section.
3.
The staff report shall be transmitted to the Planning Commission
for a public hearing.
4.
The Planning Commission shall conduct public hearing on the application
and take any testimony or additional evidence provided by either the
applicant or other persons.
(a)
Following the close of the hearing, the Planning Commission
shall adopt an approval of the application, approval of the application
with conditions, or denial of the application.
(b)
Any conditions attached to the adoption shall be designed to
mitigate any adverse impacts of the proposed PWSF. Such recommendations
shall be in writing and supported by findings of fact based on competent
and substantial evidence contained in a written record.
[Ord. #2121, § 1]
a.
Tier One Application. Tier One applications do not need staff reports.
b.
Tier Two and Tier Three Applications. The City staff shall prepare
staff reports for Tier Two and Tier Three applications. The staff
report shall contain the following:
[Ord. #2121, § 1]
The City of Compton shall require the review and approval of
all modifications to PWSFs.
a.
Types of Modification. A modification of a PWSF is any of the following:
1.
Change of name of the personal wireless service or of the subject
property. Ownership or branding changes are both included, whether
a "merger," acquisition, sale of stock, turning over or assigning
a PWSF to a tower company, or any other form of name change.
2.
Change in technology used for the PWSF, such as an "overlay."
(a)
A change in technology may be obvious, such as the addition
of more antennas, or
(b)
A change in technology may be invisible, such as the exchange
of software cards in an equipment cabinet.
(c)
Network sharing, thereby enabling another carrier or unlicensed
provider the use of some or all of the equipment at the PWSF.
3.
Addition or replacement of any equipment in the PWSF, excluding direct,
identical substitutions, and including the addition of a cabinet in
a space marked "future" or "growth" on previously approved drawings.
4.
Change in design of the PWSF.
5.
Addition to any PWSF for the purposes of co-location, provided that
the previously approved co-location identified the future positions
of the requested modification.
6.
Addition to any PWSF for purposes of co-location. When the PWSF has
not been approved as co-location with future positions, the applicant
must apply for a new PWSF.
b.
Applications for Modification. Applicants for modifications shall submit an application to the City for a modified PWSF. The application shall include all materials required in subsection 30-46.9 that would change due to the modification.
c.
Extent of Review. The Planning Director shall determine the extent
that City staff should review a modification. The Planning Director
may decide that a new Conditional Use Permit is necessary (Planning
Commission Review), a review by the Architectural Review Board is
required or the Planning Director may issue an approved amendment
unilaterally.
[Ord. #2121, § 1]
a.
Tall Mounts Discouraged. Tall mounts are discouraged in the City
of Compton and proliferation of short mounts is considered preferable
to co-location.
b.
Co-location Discouraged. Co-location is discouraged for all PWSF
applications.
c.
Worst-Case Review. The City of Compton shall review applications
for co-locations on the basis of all positions on the mount, i.e.,
the cumulative, worse-case condition.
d.
Co-locations Previously Approved. Applications for co-locations on
mounts previously approved for co-location in the position applied
for, require review of only the equipment to be added above and on
the ground, including new contents of the equipment shelter or equipment
cabinet, unless the previous approval will require changes other than
required for the carrier to be co-located (e.g., a strengthened mount).
e.
Co-locations Not Previously Approved. Applications for co-locations
on mounts not previously approved for co-location in the position
applied for require review of the existing mount as well as co-location
under the requirements of this section.
f.
Public Sites. The City of Compton shall work with carriers to facilitate
the siting of PWSF on City-owned rights-of-way by negotiating the
appropriate leasing procedures.
[Ord. #2121, § 1]
a.
Registry. Each carrier shall file the following information with
the City on an annual basis, beginning with the date of approval.
1.
Owner/lessee/intermediary/agent and carrier(s) at the site.
2.
Location by latitude and longitude, addresses and parcel numbers.
3.
Height, AGL
4.
Co-location status and capability (including if a former co-location
has been removed), and whether a co-locatee has applied for a modification
in the past year.
5.
Last date at which carrier's PWSF was modified and the nature of
the modification.
6.
A list of toxic/hazardous materials at the PWSF (including in the
equipment shelter), and certification that the Fire Department has
been notified in conformance with EPCRA, the Emergency Planning and
Community Right-to-Know Act.
7.
Instructions for emergency personnel on the approach action to be
taken in case of an emergency involving any toxic/hazardous substances.
8.
The name and telephone number of a representative of the carrier
to be contacted in the event of any emergency at the PWSF site. The
contact representative is to be available on a twenty-four-hour a
day, seven days a week basis.
9.
A site monitoring schedule indicating how often the site is inspected
and monitored by the carrier.
10.
A ground maintenance schedule for ground-mounted PWSFs indicating
how often the grounds are maintained and the name and telephone number
of a representative of the carrier to be contacted in the event the
grounds require service before the next scheduled maintenance.
b.
Inspection. The owner or operator of PWSF shall provide for and conduct an inspection of mounts at least once every five years in conjunction with the review of the zoning permit required in subsection 30-46.22. A report on this inspection shall be provided to the City of Compton Building Department verifying the structural integrity of the mount.
c.
Abandonment and Removal. Any PWSF that is not operated for a continuous
period of 18 months shall be considered abandoned, and the owner of
such PWSF shall remove same within 90 days of notice to the City of
Compton Building Department that the PWSF is abandoned. If such PWSF
is not removed within said 90 days, the City of Compton may have the
PWSF removed as the PWSF owner's expense.
d.
Performance Security/Bond. The applicant shall provide security or
bond in an amount set by City Council Resolution to insure the performance
and safety of the PWSF and for the termination or abandonment of service.
e.
Hazardous Materials. PWSF shall be registered as a hazardous facility
if petroleum products are used to fuel power supplies or any toxins
are contained in equipment cabinets or shelters or alternative power
sources.
[Ord. #2121, § 1]
a.
Federal Environmental Assessment Requirements for Tiers One, Two
and Three.
1.
The National Environmental Policy Act (NEPA) applies to all applications
for PWSFs. NEPA is administered by the FCC via procedures adopted
as Subpart 1, Section 1.1301 et seq. (47 CRF Ch. I). The FCC requires
that an environmental assessment (EA) be filed with the FCC prior
to beginning operations for any PWSF proposed in or involving any
of the following:
2.
At the time of application filing, an EA that meets FCC requirements
shall be submitted to the City of Compton for each PWSF site that
requires such an EA to be submitted to the FCC.
b.
Radio Frequency Radiation Emissions Requirements.
1.
FCC Guidelines. Each application for a PWSF shall be accompanied
by a statement by a professional engineer certifying that, as proposed,
the PWSF complies with the FCC Guidelines for Evaluating the Environmental
Effects of Radio Frequency Radiation (FCC Guidelines) concerning radio
frequency radiation and emissions.
2.
No Contravention of FCC Guidelines. A PWSF that meets the FCC guidelines
shall not be conditioned or denied on the basis of radio frequency
impacts.
3.
Radio Frequency Radiation (RFR) Report for Tiers Two and Three. The
Planning Commission may require applicants for a Tier Two or Three
PWSF to submit a report containing the following information on the
existing and maximum future projected measurements of RFR from the
proposed PWSF, for the following situations:
(a)
Existing, or ambient: the measurement of existing RFR.
(b)
Existing plus proposed wireless facility: maximum estimate of
RFR from the proposed personal wireless facility plus the existing
RFR environment.
(c)
Existing plus proposed wireless facilities plus cumulative:
maximum estimate of RFR from the proposed wireless facility plus the
maximum estimate of RFR from the total addition of co-located wireless
facilities plus the existing RFR environment.
(d)
Certification, signed by a professional engineer, stating that
the RFR measurements are accurate and meet the requirements for radio
frequency radiation reports in this section.
(e)
The Planning Commission may require as part of conditions of
approval for Tier Two or Three applications that a radio frequency
radiation report as described in this section be submitted every five
years and every time a modification or a co-location is proposed for
the PWSF.
c.
Noise Requirements.
1.
Conformance to Compton Noise Ordinance.[1] No equipment shall be operated at a PWSF so as to produce
noise in excess of the applicable noise standards under the City of
Compton Code Noise Ordinance.
2.
In emergency situations requiring the use of a backup generator,
where the noise standards may be exceeded on a temporary basis until
such emergency has passed, the owner or operator shall obtain relief
per the Compton Noise Ordinance.
3.
In all instances except emergency situations, the applicable noise
standard shall be 50 dBA at the property line.
4.
Noise Filing Requirements. The Planning Commission may require applicants
for a Tier Two or Three PWSF to submit a report containing the following
information on the existing and maximum future projected measurements
of noise from the proposed PWSFs, measured in decibels Ldn (logarithmic
scale, accounting for greater sensitivity at night), for the following
situations:
(a)
Existing, or ambient: the measurements of existing noise.
(b)
Existing plus proposed PWSF: maximum estimate of noise from
the proposed PWSF plus the existing noise environment.
(c)
Existing plus proposed wireless facilities plus cumulative:
maximum estimate of noise from the proposed wireless facility plus
the maximum estimate of noise from the total addition of co-located
wireless facilities plus the existing noise environment.
5.
The Planning Commission may require as part of conditions of approval
for Tier Two or Three applications that a noise report as described
in this subsection be submitted every five years and every time a
modification or a co-location is proposed for the PWSF.
[Ord. #2121, § 1]
a.
Lighting. A PWSF shall not be artificially lighted, except for:
1.
Security and safety lighting of equipment buildings if such lighting
is appropriately down-shielded to keep light within the boundaries
of the site; and
2.
Such lighting of the PWSF as may be required by the Federal Communications
Commission, Federal Aviation Administration (FAA) or other applicable
authority installed in a manner to minimize impacts on adjacent residences.
Only red lighting shall be utilized unless otherwise recommended by
FAA guidelines.
b.
Security Barriers. A security barrier shall be required around the perimeter of ground mounts including equipment shelters and/or cabinets. The security barrier shall be maintained by the operator of the PWSF or mount for the life of the installation. No security barrier is needed around side-mounted PWSFs, but distances from windows and balconies should conform to subsection 30-46.18c2 below.
c.
Security Barriers for Certain Populations. The security barriers
around all ground mounted PWSFs shall be reviewed by the Planning
Commission and found to be acceptable for:
1.
Controlled Population. Those persons who are trained in procedures
for working near or around radio frequency radiation.
2.
General Population. All other persons, some of whom have no concept
of what radio frequency radiation is or how it can cause harm. Members
of the general population should not be allowed nearer than 10 meters
to the nearest part below an antenna.
[Ord. #2121, § 1]
No signage shall be permitted on any PWSF other than that required
for public safety purposes or by the FCC or FAA, except that each
PWSF shall have a weather-proof plaque mounted at eye level identifying
the carrier, frequency and date of approval of zoning permit.
[Ord. #2121, § 1]
a.
Natural Vegetation. Existing natural vegetation shall be undisturbed
to the greatest extent practicable.
b.
Landscaping. Landscaping of disturbed areas on the ground of the
PWSF site and security barriers shall be required as follows:
1.
At least one row of evergreen shrubs capable of forming a continuous
hedge at least five feet in height within two years of planting shall
be spaced not more than five feet apart within 15 feet of the site
boundary; and
2.
At least one row of evergreen trees or shrubs, at least four feet in height when planted and spaced not more than 15 feet apart, located interior to the perimeter of the shrubs required in subsection 30-46.20b1 above; and
3.
Existing vegetation, topography, walls and fences combined with shrubs,
or other features may be substituted for the required buffers if the
Planning Commission finds they:
4.
Landscaping materials shall consist of xeric or drought-resistant
native species and shall be maintained by the operator of the PWSF
for the life of the installation.
c.
Tier One PWSFs require no lighting or landscaping.
[Ord. #2121, § 1]
a.
Parking. Areas sufficient for the temporary off-street parking of
at least one vehicle shall be provided for mounts. The type and configuration
of parking may be approved by the Planning Commission.
b.
Private Access. A copy shall be provided to the City of Compton Planning
Department of any street maintenance agreement for any site accessed
by private easement.
c.
Tier One PWSFs. No parking areas are required.
[Ord. #2121, § 1]
Conditional Use Permits issued under the terms of this section
shall be reviewed by the City of Compton Planning Department every
five years from the date of issuance for compliance with this section
and any special terms or conditions of approval. Such permits are
subject to suspension or revocation at any time if it is determined
that the terms of the permit and any conditions contained therein,
or any rules or regulations adopted by the State or Federal government
concerning the use of such facilities, are being violated.
[Ord. #2121, § 1]
Public hearings required by this section shall be noticed and
conducted pursuant to the City of Compton Municipal Code and the California
Code of Civil Procedure.
[Ord. #2121, § 1]
Any application approved pursuant to this section shall result
in a written approval letter. The approval letter shall state the
terms of the approval, including any conditions of approval, and shall
authorize the applicant to apply for a building permit for the approved
facilities.
[Ord. #2121, § 1]
An applicant shall apply for a building permit within 180 days
of receiving a Conditional Use Permit for its PWSF. The Building Permit
is to be based on drawings identical to:
a.
Those submitted for approval under this section, or reflecting conditions
of approval granted under this section.
b.
The actual construction of the approved PWSF.
c.
The construction shall be governed by the International Building
Code, if applicable, or be certified by a professional engineer licensed
by the State of California, that the design meets or exceeds the design
standards for the use for which it is intended.
[Ord. #2121, § 1]
[Ord. #2163, § 1]
The purpose of this section is to establish procedures to implement
the State's Affordable Housing Density Bonus as set forth in Government
Code Section 65915. The incentives in this section are used by the
City in order to encourage the provision of affordable housing to
all economic groups living within the City.
[Ord. #2163, § 1]
These regulations apply only to residential developments or
mixed-use housing developments of five or more residential units,
including single-family and multi-family units, for sale or for rent.
For purposes of this section, housing developments may include subdivisions,
planned unit or condominium developments, the substantial remodel
and conversion of an existing commercial building to residential use,
the substantial remodel of an existing multi-family dwelling where
the remodel would create a net of at least five residential units,
qualifying mobile home parks, senior housing developments or residential
developments proposed in the C-L (Limited Commercial) Zone. Qualified
development projects must consist of five or more dwelling units not
including units granted as a density bonus.
[Ord. #2163, § 1]
The following definitions shall be used in interpreting the
provision of this section.
Shall mean the maximum cost of housing for lower income households,
as set forth in Health & Safety Code Section 50052.5 or any successor
statute.
Shall mean a child care facility, other than a family day
care home, including, but not limited to, infant centers, preschools,
extended day care facilities and school age child care centers.
Shall mean and include a reduction in a site development
standard or modification of another Zoning Code requirement or design
requirement that results in identifiable, financially sufficient,
and actual cost reduction, and that nonetheless exceeds the minimum
building standards of the California Building Code. Also, approval
of mixed-use zoning in conjunction with the housing project if commercial,
office, industrial, or other land uses will reduce the cost of the
housing development and if the commercial, office, industrial or other
land uses are compatible with the housing project and the existing
or planned development in the area where the proposed housing project
will be located; or another concession or regulatory incentive that
results in identifiable, financially sufficient, and actual cost reduction,
as determined by the City in its sole discretion. A concession or
other incentive shall not include additional density beyond that allowed
in this section.
Shall mean an increase in density above the otherwise maximum
allowable residential density under this Chapter and the Land Use
Element of the General Plan as of the date the development application
for the project is deemed complete. The amount of the bonus shall
vary according to the percentage of affordable housing provided by
income group and other means established in this section. No development
with less than five dwelling units shall be eligible for a density
bonus. When calculating the number of density bonus units allowed,
any fraction of a unit shall be counted as a whole unit. An applicant
may elect to accept a lesser percentage of density bonus units, but
may not seek a density bonus greater than provided in this section
or by State law.
For purposes of this section, shall mean a site or construction
condition that applies to a residential development pursuant to any
ordinance, general plan element, specific plan, charter amendment,
or other local condition, law, policy, resolution, or regulation.
A development standard subject to waiver does not include additional
density beyond that allowed in this section.
A household is "low income" if the total household income
does not exceed 80% of the Los Angeles County median income, as published
annually in the California Code of Regulations, and adjusted for family
size.
A household is "moderate income" if the total household income
does not exceed 120% of the Los Angeles County median income, as published
annually in the California Code of Regulations, and adjusted for family
size.
Shall mean a mobile home park that limits residency based
on age requirements of the Federal Fair Housing Act for housing for
persons 55 years of age or older and those who reside with them.
Shall mean a senior citizen housing development is a housing
development limited to seniors who are at least 55 years of age and
their companions and which comply with the requirements of Civil Code
Sections 51.3 and 51.12.
Shall mean a specific adverse impact is a significant, quantifiable,
direct, and unavoidable impact, based on objective, identified written
public health or safety standards, policies, or conditions as they
existed on the date an application for an Affordable Housing Concession
Permit is deemed complete.
A household is "very low income" if the total household income
does not exceed 50% of the Los Angeles County median income, as published
annually in the California Code of Regulations, and adjusted for family
size.
[Ord. #2163, § 1]
a.
Density Bonus Requirement. A request for a density bonus shall be
considered in conjunction with any discretionary approval that may
otherwise be granted by the City in approving the project, however
a request for a density bonus pursuant to this section shall only
be granted if an applicant seeks and agrees to construct one of the
following.
1.
At least 5% of the units are dedicated to very low-income households;
2.
At least 10% of the units are dedicated to low-income and very low-income
households;
3.
At least 10% of the units are dedicated to moderate-income households
and are available to the general public for sale; or
4.
At least 35 dwelling units are available exclusively to persons aged
55 and older and to those residing with them and the development qualifies
as either a senior citizen housing development or a qualifying mobile
home park.
b.
Density Bonus of Up to 35%. In calculating the number of units required
for very low-, low- and moderate-income households, the density bonus
units shall not be included. The maximum density bonus possible for
very low-, low- and moderate-income units is 35%, depending on the
percentage of affordable units, as set forth below.
1.
The density bonus for very low-income units shall be calculated as
follows:
|
Table 30.47.4a
Increase in Allowable Density for Very Low-Income Units
| |
|---|---|
|
Percentage of Very Low-Income Units
|
Percentage Density Bonus
|
|
5
|
20
|
|
6
|
22.5
|
|
7
|
25
|
|
8
|
27.5
|
|
9
|
30
|
|
10
|
32.5
|
|
11
|
35
|
2.
The density bonus for low-income units shall be calculated as follows:
|
Table 30.47.4b
Increase in Allowable Density for Low-Income Units
| |
|---|---|
|
Percentage of Low Income Units
|
Density Bonus Percentage
|
|
10
|
20
|
|
11
|
21.5
|
|
12
|
23
|
|
13
|
24.5
|
|
14
|
26
|
|
15
|
27.5
|
|
16
|
29
|
|
17
|
30.5
|
|
18
|
32
|
|
19
|
33.5
|
|
20
|
35
|
3.
The density bonus for moderate-income ownership units shall be calculated
as follows:
|
Table 30.47.4c
Increase in Allowable Density for Moderate-Income Ownership
Units
| |
|---|---|
|
Percentage of Moderate-Income Units
|
Density Bonus Percentage
|
|
10
|
5
|
|
11
|
6
|
|
12
|
7
|
|
13
|
8
|
|
14
|
9
|
|
15
|
10
|
|
16
|
11
|
|
17
|
12
|
|
18
|
13
|
|
19
|
14
|
|
20
|
15
|
|
21
|
16
|
|
22
|
17
|
|
23
|
18
|
|
24
|
19
|
|
25
|
20
|
|
26
|
21
|
|
27
|
22
|
|
28
|
23
|
|
29
|
24
|
|
30
|
25
|
|
31
|
26
|
|
32
|
27
|
|
33
|
28
|
|
34
|
29
|
|
35
|
30
|
|
36
|
31
|
|
37
|
32
|
|
38
|
33
|
|
39
|
34
|
|
40
|
35
|
c.
Senior Housing Bonus and Qualifying Mobile Home Parks. The density
bonus for a senior citizen housing development or a qualifying mobile
home park shall be 20%.
d.
Bonuses Not Combined. The bonuses that are available under this section
shall not be combined.
|
Target Group
|
Minimum % Restricted Units
|
Bonus Granted
|
Additional Bonus for Each 1% Increase in Affordable Units
|
% Affordable Units Required for Maximum 35% Bonus
|
|---|---|---|---|---|
|
Very Low Income
|
5%
|
20%
|
2.5%
|
11%
|
|
Low Income
|
10%
|
20%
|
1.5%
|
20%
|
|
Moderate Income
|
10%
|
5%
|
1%
|
40%
|
|
Senior Housing/Mobile Home Park
|
100%
|
20%
|
—
|
—
|
[Ord. #2163, § 1]
a.
Concessions, Waivers and Other Incentives. In addition to the density
bonus, an applicant may request one or more concessions or other incentives,
in the form of waivers of development standards as follows:
1.
One concession or other incentive for projects that include at least
5% of the units for very low-income households, 10% of the units for
low-income households, or 10% of for-sale units for moderate-income
households.
2.
Two concessions or other incentives for projects that include at
least 10% of the units for very low-income households, 20% of the
units for low-income households, or 20% of for-sale units for moderate-income
households.
3.
Three concessions or other incentives for projects that include at
least 15% of the units for very low-income households, 30% of the
units for low-income households, or 30% of for-sale units for moderate-income
households.
4.
Affordable Housing Concession Permit Required. An applicant must
submit an application for an Affordable Housing Concession Permit,
for approval of a request for the concessions and other incentives.
|
Incentive/Concessions Summary Table
| |||
|---|---|---|---|
|
Target Group
|
Affordable Units
| ||
|
Very Low Income
|
5%
|
10%
|
15%
|
|
Low Income
|
10%
|
20%
|
30%
|
|
Moderate Income
|
10%
|
20%
|
30%
|
|
Maximum Incentive(s)/Concession(s)
|
1
|
2
|
3
|
b.
Application Requirements. An application for an Affordable Housing
Concession Permit shall be filed in compliance with this section.
The application shall be accompanied by the information identified
in the Department handout for the Affordable Housing Concession application,
including the specific economic information described in the handout.
The applicant must provide evidence, to the satisfaction of the approval
body, that the concession or incentive would result in identifiable,
financially sufficient and actual cost reductions.
c.
Procedure. An Affordable Housing Concession Permit shall be submitted concurrently with the application for Conditional Use Permit (Section 30-26) required for new construction of a residential development of five units or more, where an addition or conversion of units may result in five units or more, in the case or a building move or where residential units are proposed in the C-L (Limited Commercial) Zone. The Planning Commission, the approval body, has the following course(s) of action regarding the Affordable Housing Concession Permit, provided that the Planning Commission shall grant the applicant's first choice of concessions if the Commission makes all of the findings in paragraph d.
1.
Approve the concession and/or other incentive described in the application
for the Affordable Housing Concession Permit.
2.
Deny the concession and/or other incentive described in the application
for the Affordable Housing Concession Permit.
3.
Approve one or more concession(s) and/or other incentives and deny
one or more other concessions and/or incentives, if more than one
concession or other incentives is described in the application for
the Affordable Housing Concession Permit.
d.
Findings. A concession or other incentive shall be approved upon
making the following findings.
1.
The concession or incentive is required in order for the designated
units to provide for affordable housing costs and the applicant has
submitted evidence, to the satisfaction of the approval body, that
the concession or incentive would result in identifiable, financially
sufficient and actual cost reductions; and
2.
The concession or incentive would not have a specific adverse impact
on public health, on public safety, on the physical environment, or
on a property that is listed in the California Register of Historical
Resources; or
3.
The concession or incentive would likely have a specific adverse
impact on public health, on public safety, on the physical environment,
or on a property that is listed in the California Register of Historical
Resources, but there is a feasible method to satisfactorily mitigate
or avoid the specific adverse impact without rendering the development
unaffordable to low- and moderate-income households.
[Ord. #2163, § 1]
a.
Floor Area Bonus or Concession for Inclusion of Child Day Care Facility.
An applicant for a development project that complies with the density
bonus requirement of this section and that also includes a child day
care center that will be located on the premises of, as part of, or
adjacent to, the project may request one additional bonus or concession
as follows:
1.
Additional net floor area for housing units that is equal to the
net floor area in the child day care center. The approval body also
has the discretion to grant additional net floor area for housing
units in excess of the net floor area in the child day care center.
2.
A concession that contributes significantly to the economic feasibility
of the construction of the child day care center, in addition to the
concession granted for affordable dwelling units.
b.
Application Requirements. An applicant for a Child Day Care Bonus
or Concession Permit shall be filed in compliance with this section.
The application shall be accompanied by the information identified
in the Department handout for a Child Day Care Bonus or Concession
Permit application, including the specific economic information described
in the handout.
c.
Procedure. A Child Day Care Bonus or Concession Permit shall be submitted
concurrently with the Conditional Use Permit application. Planning
Commission will review the application and may:
1.
Approve the bonus or concession described in the application for
the Child Day Care Bonus or Concession Permit, if the findings below
are made.
2.
Deny the bonus or incentive described in the application for the
Child Day Care Bonus or Concession Permit, if the necessary findings
cannot be made.
3.
Approve a different bonus or concession that contributes significantly
to the economic feasibility of the construction of the child day-care
center.
d.
Findings. A child day care bonus or concession shall be approved
upon making the following findings.
1.
The bonus or concession would contribute significantly to the economic
feasibility of the construction of the child day care center, and
the applicant has submitted evidence, to the satisfaction of the approval
body, that the concession or incentive would result in identifiable,
financially sufficient and actual cost reductions.
2.
The bonus or concession would not have a specific adverse impact
on public health, on public safety, on the physical environment, or
on a property that is listed in the California Register of Historical
Resources; or
3.
The bonus or concession would likely have a specific adverse impact
on public health, on public safety, on the physical environment, or
on a property that is listed in the California Register of Historical
Resources, but there is a feasible method to satisfactorily mitigate
or avoid the specific adverse impact, or adverse impact, without rendering
the development unaffordable to low- and moderate-income households.
4.
The community has inadequate existing child care facilities and the
bonus or concession will contribute toward improving the availability
of child care facilities.
e.
Conditions of Approval. The child day care center shall comply with
conditions of approval as follows:
1.
The child day care center shall remain in operation for a period
of time that is equal to or longer than the period during which the
designated dwelling units are required to be affordable.
2.
Of the children who attend the child day care center, the children
of very low-income households, lower income households, or families
of moderate income shall equal a percentage that is equal to or greater
than the percentage of dwelling units that are required for very low-
or low-income households or families of moderate income.
3.
The child care facility shall not convert any portion of the facility
to other uses.
[Ord. #2163, § 1]
a.
Bonus for Donation of Land. An applicant for a tentative subdivision
map, parcel map, or other residential development approval who donates
land within the jurisdiction of the City to the City shall be entitled
to a bonus in residential density for the entire development above
the density allowable under this Zoning Ordinance and the Land Use
Element of the General Plan.
b.
Requirements for Bonus. An applicant for a bonus for the donation
of land must provide evidence to the City that provides, to the City's
satisfaction, that all of the following requirements would be met:
1.
The applicant shall donate and transfer the land no later than the
date of approval of the final subdivision map, parcel map, or residential
development application.
2.
The developable acreage and zoning classification of the land being
transferred shall be sufficient to permit construction of units affordable
to very low-income households in an amount not less than 10% of the
number of residential units of the proposed development.
3.
The transferred land shall be at least one acre in size or of sufficient
size to permit development of at least 40 units, has the appropriate
general plan designation, is appropriately zoned for development as
affordable housing, and is or will be served by adequate public facilities
and infrastructure. The land shall have appropriate zoning and development
standards to make the development of the affordable units feasible.
No later than the date of approval of the final subdivision map, parcel
map, or of the residential development, the transferred land shall
have all of the permits and approvals, other than design review approval
and building permits, necessary for development of the very low-income
housing units on the transferred land.
4.
The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units, consistent with subsection 30-47.9 (Enforcement of Affordability).
5.
The land shall be transferred to the City of Compton Redevelopment
Agency or to a housing developer approved by the City of Compton.
6.
The transferred land shall be within the boundary of the proposed
development or, with approval of the Director, within 1/4 mile of
the boundary of the proposed development.
c.
Density Bonus of Up to 35%. The density bonus for donation of land
for very low-income units shall be calculated as follows:
|
Table 4-3.3
Increase in Allowable Density for Donation of Land for Very
Low Income Units
| |
|---|---|
|
Percentage of Very Low-Income Units
|
Density Bonus Percentage
|
|
10
|
15
|
|
11
|
16
|
|
12
|
17
|
|
13
|
18
|
|
14
|
19
|
|
15
|
20
|
|
16
|
21
|
|
17
|
22
|
|
18
|
23
|
|
19
|
24
|
|
20
|
25
|
|
21
|
26
|
|
22
|
27
|
|
23
|
28
|
|
24
|
29
|
|
25
|
30
|
|
26
|
31
|
|
27
|
32
|
|
28
|
33
|
|
29
|
34
|
|
30
|
35
|
[Ord. #2163, § 1]
a.
Low and Very Low Income: Covenant for 30 Years. A covenant or other
document satisfactory to the City Attorney shall be recorded before
issuance of a Building Permit, which shall ensure that the low- and
very low-income density bonus units are at all times rented or sold
to, and remain affordable at, the applicable income level for at least
30 years. If the Compton Redevelopment Agency provides financial assistance
to the developer of the project, a longer term of affordability may
apply.
b.
Moderate Income: Equity-Sharing. A covenant or other document satisfactory
to the City Attorney shall be recorded before issuance of a Building
Permit, which shall ensure that the moderate-income density bonus
units are initially occupied by persons or families at a moderate
income level. Moderate-income units may be offered for subsequent
sale to an above moderate-income purchaser; provided that the sale
shall result in equity-sharing of a financial interest in the unit
with the City, or its designee.
1.
Upon resale, the seller of the unit shall retain the value of any
improvements, the down payment, and the seller's proportionate share
of appreciation. The City shall recapture any initial subsidy and
its proportionate share of appreciation, which shall then be used
within three years for affordable housing purposes.
2.
The City's initial subsidy shall be equal to the fair market value
of the home at the time of initial sale minus the initial sales price
to the moderate-income household, plus the amount of any publicly-assisted
down payment or mortgage assistance. If upon resale, the market value
is lower than the initial market value, then the value at the time
of resale shall be used as the initial market value.
3.
The City's proportionate share of appreciation shall be equal to
the ratio of the initial subsidy to the fair market value of the home
at the time of the initial sale.
c.
Forfeiture of Funds. Any individual who rents units in violation
of this section shall be required to forfeit all rents above the applicable
affordable rate; any individual who sells a unit in violation of this
section shall be required to forfeit all profits from the sale exceeding
the difference between the sale price and the applicable affordable
sales price. Recovered funds shall be deposited to the City of Compton
Housing Trust Fund.
[Ord. #2163, § 1]
The City Manager or her/his designee may adopt administrative
procedures for implementation of this section.
[Ord. #2247]
This section and the following subsections shall be known as
the "Unattended Donation Box Ordinance" of the City of Compton.
[Ord. #2247]
The purpose of this section is to regulate the placement of
unattended donation boxes within the City. The procedures and requirements
of this section are enacted to:
a.
Promote the community's health, safety, and welfare by regulating
unattended donation boxes for clothing or other salvageable personal
property within the City.
b.
Ensure that unattended donation boxes do not pose a safety hazard
to pedestrian and vehicular traffic.
c.
Ensure that material is not allowed to accumulate outside of the
unattended donation boxes where it can be scattered by adverse weather
conditions, animal contact or human activities.
d.
Establish criteria that avoid attracting vermin, unsightliness and
public health or safety hazards.
[Ord. #2247]
a.
DIRECTOR – Shall mean the Community Development Director of
the Planning and Economic Development Department of the City of Compton
or designee.
b.
OPERATOR – Shall mean a person, entity, association or organization
that has been issued a permit pursuant to the provisions of this section
authorizing the placement of an unattended donation box to solicit
or collect donations of clothing or other salvageable personal property.
c.
NON-PROFIT ORGANIZATION – Shall mean an entity, association
or organization that is exempt from taxation pursuant to Section 501(c)(3)
or 501(c)(4) of the United States Internal Revenue Code.
d.
PERMIT – Shall mean a permit issued pursuant to this section
allowing the placement of an unattended donation box on a specifically
designated portion of private property.
e.
PROPERTY OWNER – Shall mean the person, entity, association
or organization who owns the real property where the unattended donation
box is located.
f.
PUBLIC PROPERTY – Shall mean any property owned, leased, or
maintained by any Federal, State or local government.
g.
PUBLIC RIGHT-OF-WAY – Shall mean any area used or intended
for use by the public for pedestrian or vehicular travel within the
City, including but not limited to public streets, highways, roadways,
sidewalks, median strips, parkways, plazas, or alleys.
h.
SALVAGEABLE PERSONAL PROPERTY – Has the same meaning as in
subdivision (b) of Section 148 of the Welfare and Institutions Code.
i.
UNATTENDED DONATION BOX – Shall mean any unattended container,
box, receptacle, or similar device that is located on any real property
within the City used for soliciting and collecting donations of clothing
or other salvageable personal property. This term does not include
recycle bins or collection boxes for the collection of California
Redemption Value (CRV) recyclable materials.
[Ord. #2247]
a.
General Provisions. Unless otherwise exempt, it shall be unlawful
and a public nuisance for any person to place, operate, maintain or
allow an unattended donation box on any property without first obtaining
a permit from the City pursuant to this section. All donation boxes
must be placed, operated and maintained in accordance with all the
provisions of this section.
b.
Initial Permit Application. Applicants interested in placing an unattended
donation box on private property shall first submit a permit application
to the Planning and Economic Development Department. Applications
that do not include all of the requested information and/or documents
shall be deemed incomplete and will not be processed. The permit application
shall be made on a form provided by the Planning Department and shall
include the following information as to each unattended donation box:
1.
The name, address, e-mail, website (if available) and telephone number
of the applicant or operator and the owner of the donation box;
2.
Written proof sufficient to establish that the operator who will
utilize the unattended donation box is qualified to solicit donations
of salvageable personal property pursuant to Section 148.3 of the
California Welfare and Institutions Code, as amended;
3.
The physical address of the property owner's real property and a
drawing (or site plan) sufficient to indicate the proposed location
of the unattended donation box on the property owner's real property,
as well as the size of the proposed unattended donation box and the
written consent of the property owner to place the unattended donation
box on his/her real property; and
5.
A nonrefundable application and processing fee in the amount established
by resolution or ordinance of the City Council. This fee shall be
in addition to any fee or tax imposed by the City pursuant to any
other provision of the Compton Municipal Code (Code).
6.
Any additional information which the Director may deem necessary
for the proper disposition of the application.
c.
Permit Renewal Applications. If an operator is in compliance with
this section, a permit may be automatically renewed for each successive
year by timely payment of the renewal fee established by resolution
or ordinance of the City Council and the filing of a complete permit
renewal application by or before the expiration date of the existing
permit. Applications that do not include all of the requested information
or documents shall be deemed incomplete and shall not be processed.
d.
Review of Permit Application. Once submitted, a complete permit application
or renewal application will be reviewed and acted upon within 15 City
business days. If the applicant is not notified in writing by the
fifteenth City business day of approval, denial or extension of the
permit review period, the permit application or renewal application
shall be deemed approved.
e.
Issuance of Permits. Upon a finding by the Director that the application
is complete, accurate and compliant with this section, a permit shall
be issued.
1.
A permit issued hereunder shall be valid for one unattended donation
box. A separate permit shall be required for each donation box.
2.
The term of the permit shall expire one year from the date of issuance.
3.
No operator to whom a permit has been issued shall transfer, assign,
or convey such permit to another person or operator.
4.
Prior to the expiration of the permit, the operator or property owner
may voluntarily cancel the permit by notifying the Director in writing
of the intent to cancel the permit. The permit shall become void upon
the Director's receipt of a written notice of intent to cancel the
permit.
f.
Denial of Permit. If an application for a permit is denied, the Director
shall notify the applicant in writing within that time period specified
in paragraph d above of the cause for such denial.
[Ord. #2247]
Unattended donation boxes located in the City shall comply with
the following standards:
a.
Donation boxes shall be maintained in good condition and appearance
with no structural damage, holes, or visible rust and shall be kept
free of graffiti.
b.
Donation boxes shall be locked or otherwise secured.
c.
The front of each donation box shall conspicuously display the following
information, in at least two inch typeface: (1) name, address, telephone
number and e-mail address (if any) of the operator and telephone number
of the property owner; (2) a statement that reads "This donation box
is owned and operated by a non-profit organization"; and (3) a statement
describing the charitable cause that will benefit from the donations.
d.
Donation boxes shall be free of any advertising which is unrelated
to the business of the operator of the donation box.
e.
The operator shall place a copy of the current donation box permit
in a prominent and visible location in the front of the box in plain
view for inspection by the public and City officials.
f.
Donation boxes shall be no more than 78 inches high and 72 inches
wide and deep.
g.
Donation boxes shall be serviced and emptied as often as necessary
to maintain the area surrounding the unattended donation boxes free
of over-flowing contents and any junk, garbage, trash, debris or other
refuse material.
h.
The property owner and operator shall be individually and severally
responsible for abating and removing all over-flowing contents, junk,
garbage, trash, debris and other refuse material in the area surrounding
the unattended donation boxes within 24 hours of written or verbal
notice from the City.
i.
If the City abates and/or removes any over-flowing contents, junk,
garbage, trash, debris and other refuse material from the area surrounding
the unattended donation boxes due to the property owner and/or operator's
failure to do so in compliance with the provisions of this section,
the property owner and operator shall be individually and severally
liable for all costs incurred by the City for said abatement and/or
removal.
j.
Each property is limited to a maximum of two unattended donation
boxes at any one time.
[Ord. #2247]
Unattended donation boxes shall be located in accordance with
the following standards:
a.
Unattended donation boxes shall remain only in the exact location
for which they have been permitted and may not be removed unless the
donation box is entirely removed from the property or replaced with
another donation box in the same location. Any relocation on site
will require the operator to first receive approval of an amended
permit.
b.
Unattended donation boxes shall not be placed on any public property,
including any public right-of-way.
c.
Unattended donation boxes shall be located in a well lit area.
d.
Unattended donation boxes shall be subordinate to the principal use
of the property on which it is located. Unattended donation boxes
cannot be the sole or primary land use of a property.
e.
Except for religious and civic institutions, which shall be limited
to two donation boxes in compliance with this section, it shall be
unlawful for an operator and/or property owner to place any unattended
donation box in any residential district within the City.
f.
No unattended donation box shall be placed within 500 feet from another
unattended donation box.
g.
No unattended donation box shall be placed in any required parking
spaces, required landscaping, or setbacks.
[Ord. #2247]
The permit application and any permit renewal application shall
include an Indemnification and Hold Harmless Agreement in favor of
the City in substantial compliance with this subsection, which must
be executed prior to issuance of any permit under this section. Pursuant
to the Indemnification and Hold Harmless Agreement, the operator shall
agree to defend, indemnify, protect and hold the City, and its elected
officials, officers, representatives, agents and employees harmless
from and against all claims asserted or liability established for
damages or injuries to any person or property, including its own employees,
agents or officers which arise from or are connected with or are caused
or claimed to be caused by any unattended donation box owned by or
attributable to the operator.
[Ord. #2247]
The Director shall have the right to revoke any permit issued
hereunder if any of the grounds upon which the Director may refuse
to issue an initial permit exists. In addition, the failure of the
operator to comply with the provisions of this section or any other
provisions of the Compton Municipal Code or other law shall constitute
grounds for revocation of the permit. Any permit issued in error may
be revoked without liability to the City.
The Director shall provide written notice to the operator stating
the specific grounds for revocation. Upon revocation, the unattended
donation box shall be removed from the property within 15 calendar
days and, if not removed within this time period, the City may remove,
store and/or dispose of the unattended donation box at the sole cost
and expense of the operator and/or property owner. Upon revocation,
an operator shall be prohibited from applying for a permit for a period
of one year. Any violation of the provisions of this section is a
public nuisance subject to abatement pursuant to this Code or as otherwise
permitted by law.
[Ord. #2247]
Upon the discovery on any property within the City of any unattended
donation box lacking the requisite permit, the Director or his/her
designee shall have the authority to remove, or cause the removal,
storage and/or disposal of the unattended donation box at the sole
cost and expense of the operator and/or property owner.
[Ord. #2247]
a.
Written Notification. Notwithstanding any condition upon which summary removal is available, enforcement action may be initiated upon determination by the Director that an unattended donation box has been abandoned as set forth in subsection 30-48.10 below, or installed, used or maintained in violation of this section or any condition of the permit. The operator will be notified in writing of the alleged violation, the intent of the City to remove the unattended donation box if the violation is not corrected within the specified time period, or an appeal hearing is not requested within five business days after giving of such written notice and the procedure for requesting an appeal hearing. Failure to properly correct the violation within the specified time period or to appeal the notice within five business days of the date of the notification shall result in the unattended donation box being summarily removed and stored by the City. A removal and storage fee, as established by City Council resolution or ordinance, shall be assessed against each unattended donation box removed and stored. A timely request for an appeal hearing shall stay any removal by the City; provided, however, if the violation is not corrected within five calendar days after the decision of the City Manager, the City may remove the unattended donation box in accordance with paragraph b below.
If the Director determines that the condition or placement of
an unattended donation box poses an imminent threat to the safety
of pedestrians or wheelchair users, or the safe flow of vehicles;
or that an unattended donation box is unlawfully located within the
public right-of-way, the Director may cause the unattended donation
box to be summarily removed without prior notice.
b.
Removal. Whenever an unattended donation box is summarily removed
by the City and stored, the Director shall notify the operator by
mailing a notice of summary removal, stating the date the unattended
donation box was removed, the reasons therefor, the procedure for
claiming the unattended donation box and the procedure for obtaining
a post-removal hearing, if desired. Any unattended donation box removed
and stored pursuant to the provisions of this subsection shall be
released to the operator if claimed within 30 continuous calendar
days from the date of notice of removal and on payment of reasonably
incurred removal and storage fees. Upon the failure of the operator
to claim such unattended donation box and pay the fees within 30 continuous
calendar days after the mailing of the written notice of removal,
the unattended donation box shall be deemed abandoned property in
possession of the City and may be disposed of pursuant to law.
c.
Inability to Contact Operator. If the operator and/or property owner
cannot be readily contacted based exclusively on information provided
in a current permit, related permit application or information affixed
to the unattended donation box, no further action on behalf of the
City is required. If the operator and/or property owner thereafter
notifies the Director to reclaim the offending unattended donation
box, and the donation box has not been deemed abandoned and/or disposed
of by the City, a notice of summary removal and procedure for obtaining
a post-removal hearing shall be served in accordance with paragraph
b above, unless waived by the responsible party.
[Ord. #2247]
An unattended donation box shall be deemed abandoned if it is removed pursuant to subsection 30-48.9 above, and unclaimed for 30 continuous calendar days from the date of notification of removal. Unattended donation boxes deemed abandoned may be disposed of pursuant to law. The City may dispose of an unattended donation box and shall not be responsible for any unattended donation box, including its contents, deemed abandoned for 30 continuous calendar days.
[Ord. #2247]
Any person or entity aggrieved by a finding, determination,
notice, order or action taken under the provisions of this section
may appeal the same by filing an appeal. An appeal must be perfected
within five business days after receipt of notice of any protested
finding, determination, notice, order or action by filing with the
City Manager a letter of appeal briefly stating therein the basis
for such appeal. A hearing shall be held on a date no more than 15
business days after receipt of the letter of appeal unless appellant
requests a longer time period. The City Manager shall give the appellant,
and any other interested party, a reasonable opportunity to be heard,
in order to show cause why the finding, determination, notice, order
or action should not be upheld. Within 15 calendar days of the conclusion
of the hearing, the City Manager shall affirm, overrule or modify
the finding, determination, notice, order or action. The decision
of the City Manager shall be final and conclusive.
[Ord. #2247]
The City Council shall set fees, by resolution or ordinance,
to recover all reasonable costs incurred by the City in the regulation
of unattended donation boxes.
[Ord. #2247]
A permit issued under this section shall not substitute for
any business license otherwise required under this Code.
[Ord. #2247]
Unattended donation boxes located entirely within the interior
of a building are exempt from the requirements of this section.
[Ord. #2247]
Any violation of the provisions of this section is an infraction,
and upon conviction thereof, shall be subject to a fine not to exceed
$50 for a first violation; a fine not exceeding $100 for a second
violation in the same calendar year; and a fine not exceeding $200
for each additional violation in the same calendar year. Each day
that such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder.
[Ord. #2247]
a.
The provisions of this section shall apply to all unattended donation
boxes, whether installed and maintained prior to or after the effective
date of this section. Those unattended donation boxes installed prior
to the effective date of this section shall be brought into compliance
with the provisions of this section within 60 calendar days of the
effective date of this section.
c.
Nothing in this section is intended to diminish or otherwise alter
the requirements of any other Federal, State, or local law governing
the regulation of unattended donation boxes.
[Added 4-7-2020 by Ord.
No. 2318]
The purpose of this section is to provide for an overlay zone
encompassing portions of the Heavy and Light Manufacturing (MH) (ML)
zones where emergency shelters, in accordance with Government Code
Section 65583, and Senate Bill 2 are allowed as "Permitted" land uses
without a conditional use permit or other discretionary permit.
[Added 4-7-2020 by Ord.
No. 2318]
The Emergency Shelter Overlay zone shall apply to only those
specific parcels of land that are within the boundaries of the overly
zone on and certain Heavy and Light Manufacturing (MH) (ML) lots generally
bounded by on Alameda Street on the West, Artesia Blvd. on the south,
Compton Creek-East Branch on the east and Alondra Blvd. on the north
as referenced in the attached map (Exhibit A[1]) and available in the Community Development Department. The effect of the Emergency Shelter Overlay zone shall be to define the specific area where emergency shelters shall be permitted as by right land uses with Architectural Review Board approval and to add specific development standards for the development of emergency shelters within the overlay zone. All land use regulations and development standards for non-emergency shelter land uses as specified in Chapter 30 shall remain in effect.
[1]
Exhibit A may be found on file in the City offices.
[Added 4-7-2020 by Ord.
No. 2318]
As used in this section:
Shall mean housing with minimal supportive services for homeless
persons that is limited to occupancy of six months or less by a homeless
person. No individual or household may be denied emergency shelter
because of an inability to pay (as defined by California Health and
Safety Code 50801(e))
Shall mean those parcels of land that are within the boundaries
of the overly zone on and certain Heavy and Light Manufacturing (MH)
(ML) lots generally bounded by on Alameda Street on the West, Artesia
Blvd. on the south, Compton Creek-East Branch on the east and Alondra
Blvd. on the north as shown in the official City Zoning Map.
Is defined as simply one or more individuals who live together.
Members of the family do not need to be related by blood, marriage
or in any other legal capacity. A family may be made up of partners,
children, parents, aunts, uncles, cousins and grandparents with a
continuing legal, genetic and/or emotional relationship.
Shall mean any room that meets adopted building code requirements
for a habitable room, including minimum room proportions, minimum
egress requirements, and minimum standards for lighting, heating,
ventilation, and electricity.
Means housing with no limit on length of stay, that is occupied
by the target population, and that is linked to onsite or offsite
services that assist the supportive housing resident in retaining
the housing, improving his or her health status, maximizing his or
her ability to live, when possible, work in the community.
Means housing with supportive services for up to 24 months
that is exclusively designated and targeted for recently homeless
persons. Transitional housing includes self-sufficiency development
services, with the ultimate goal of moving recently homeless persons
to permanent housing as quickly as possible.
[Added 4-7-2020 by Ord.
No. 2318]
The city identifies the parcels of land bounded by on Alameda Street on the West, Artesia Blvd. on the south, Compton Creek-East Branch on the east and Alondra Blvd. on the north as an overlay zone as described above. Emergency shelters are a permitted use in this overlay zone as a permitted land use without any Conditional Use Permit approval required. In addition to requirements set forth herein, emergency shelters are subject to the base zone's requirements as stated in Chapter 30. Emergency shelters shall also have a 300-foot separation distance from each other.
Transitional and Supportive housing shall be permitted in all
residential zones and treated the same as ordinary single family housing
and subject to the same development standards and entitlement procedures.
[Added 4-7-2020 by Ord.
No. 2318]
Prior to operating an emergency shelter in the overlay zone,
a nondiscretionary administrative Architectural Review Board application
shall be submitted for review and approval from the Community Development
Department. Compliance with all other applicable local, state and
federal laws, regulations and codes is required.
The Architectural Review Board application shall be on a form
prescribed by the Community Development Department for that purpose,
and shall include the written consent of the owner of the property
on which the shelter is to be located.
[Added 4-7-2020 by Ord.
No. 2318]
Once an Architectural Review Board application has been accepted,
the Community Development Department shall take action within 30 days
to determine if the application is complete or incomplete through
a written response letter.
[Added 4-7-2020 by Ord.
No. 2318]
Emergency shelters located in the Emergency Shelter Overlay
zone shall be developed and managed according to the land use regulations,
development standards and design guidelines for the zone in which
the shelter is situated.
Pursuant to Government Code Section 65583 (a), (9), the Emergency
Shelters shall maintain compliance with the following development
standards:
a.
No more than 100 beds shall be provided in any single emergency homeless
shelter facility subject to compliance with the appropriate building
and fire codes.
b.
Off-street parking shall be provided at a ratio of two spaces minimum
plus one space for each 300 square feet of gross floor area.
c.
An onsite manager and security guard/officer must be provided onsite
at all times.
d.
An adequate sized indoor client intake area shall be provided at
each emergency shelter of at least nine square feet per bed. Any queuing
areas shall be on-site indoors or in a covered and screened area and
away from public sidewalks and views and avoid spilling into parking
and landscape areas.
e.
The maximum length of stay shall be each resident within a twelve-month
period shall be six months (180 days);
f.
All clients shall be subject to a background check prior to entry
to verify a potential client is not wanted by law enforcement.
g.
No alcohol or drugs shall be permitted onsite and no person under
the obvious influence of any controlled substance shall be admitted
to the facility.
[Added 4-7-2020 by Ord.
No. 2318]
The City an emergency shelter development shall be consistent
with the requirements in Government Code Section 65589.5(d).
[1]
Editor's Note: Prior ordinance history: Ord. Nos. 2275, 2279,
2281.
[Ord. #2300 § 1]
This section shall be known as the City's Alcoholic Beverage
Sales Establishment Regulations. This section requires conditional
use permits for newly established Alcoholic Beverage Sales Activities,
confers Deemed Approved Status for existing Alcoholic Beverage Sales
Activities that constitute legal nonconforming uses, and establishes
standards and an administrative hearing process to review violations
of those standards in order to protect the general health, safety,
and welfare of the residents of the City and to prevent nuisance activities
where Alcoholic Beverage Sales Activities occur. The City has adopted
the regulations described in this section for the following purposes:
a.
To protect residential, commercial, industrial, civic and institutional
areas and minimize the adverse impacts of nonconforming and incompatible
uses;
b.
To provide mechanisms to address problems often associated with the
public consumption of Alcoholic Beverages such as litter, loitering,
graffiti, unruly behavior and escalated noise levels;
c.
To provide that Alcoholic Beverage Sales Establishments are not the
source of public nuisances in the community;
d.
To provide for properly maintained Alcoholic Beverage Sales Establishments
so that the negative impacts generated by these activities are not
harmful to the surrounding environment in any way;
e.
To monitor Deemed Approved Alcoholic Beverage Sales Establishments
to ensure they do not substantially change in mode or character of
operation; and
f.
To provide opportunities for Alcoholic Beverage Sales Establishments
to operate in a mutually beneficial relationship to each other and
to other surrounding uses.
g.
To encourage the development of small grocery stores selling food
products that require Home Preparation.
h.
To promote a healthier lifestyle and healthier food options for the residents of Compton by increasing access to safe, nutritious food to maintain a healthy and active life. This Section 30-51 alone does not allow or permit Alcoholic Beverage Sales Activities, but only applies to these activities where otherwise allowed or permitted within an applicable zoning district. The provisions of this Ordinance No. 2300 are intended to complement the State of California alcohol-related laws. The City does not intend to replace or usurp any powers vested in the California Department of Alcoholic Beverage Control.
[Ord. #2300 § 1]
The meaning and construction of the words and phrases set forth below shall apply throughout this Section 30-51, except where the context clearly indicates a different meaning or construction.
Means alcohol, spirits, liquor, wine, beer, and any liquid
or solid containing alcohol, spirits, liquor, wine or beer, that contains
1/2 of 1% or more of alcohol by volume and that is fit for beverage
purposes either alone or when diluted, mixed or combined with other
substances, the sale of which requires an ABC license.
Means the retail sale of alcoholic beverages for onsite or
offsite consumption.
Means an establishment where Alcoholic Beverage Sales Activity
occurs. Alcoholic Beverage Sales Establishments include but are not
limited to the following recognized types of establishments: grocery
stores/major retailers, liquor stores, beer and wine stores, convenience
stores/markets, specialty food markets, retail sales establishments,
wine shops, theaters, comedy clubs, bowling alleys, billiard or game
parlors, service stations, social halls, taverns, cocktail lounges,
dance halls, nightclubs, bars, and alcoholic beverage tasting rooms.
This definition excludes fast food establishments, restaurants (serving
of Alcoholic Beverages with meals only), manufacturing, wholesale,
and temporary events.
Refers to the department of the State of California empowered
to act pursuant to Article 20, section 22, of the California Constitution
and authorized to administer the provisions of the Alcoholic Beverage
Control Act.
Means all requirements that must be carried out by the owners
engaged in the activity of: (A) a new Alcoholic Beverage Sales Activity
in connection with a conditional use permit, or (B) by an existing
permitted, conditionally permitted, or Legal Nonconforming Alcoholic
Beverage Sales Activity to comply with Deemed Approved Performance
Standards and to retain its Deemed Approved Status.
Means any existing permitted, conditionally permitted, or Legal Nonconforming Alcoholic Beverage Sales Activity. Such activity shall be considered a Deemed Approved Activity as of the effective date of this ordinance enacting this Section (date) as long as it complies with the Deemed Approved Performance Standards set forth in subsection 30-51.6.
Means any existing establishment engaged in permitted, conditionally permitted, or Legal Nonconforming Alcoholic Beverage Sales Activity and in compliance with the Deemed Approved Performance Standards set forth in subsection 30-51.6.
Means the those standards and regulations contained in subsection 30-51.6 applicable to Deemed Approved Alcoholic Beverage Sales Activities for Onsite Alcoholic Beverage Sales or Offsite Alcoholic Beverage Sales that have been legally established and operating, with or without a conditional use permit, within the City as of the effective date of the ordinance establishing this section.
Means those standards set forth in subsection 30-51.6.
Means the permitted use of land for a Deemed Approved Activity.
Deemed Approved Status replaces legal nonconforming status with respect
to an Alcoholic Beverage Sales Activity and remains in effect as long
as the activity complies with the Deemed Approved Performance Standards.
Means the sum of the gross area of all floors in all buildings
on a site, measured from the exterior faces of the exterior walls.
Means an activity which has been determined to be in noncompliance
with the Deemed Approved Performance Standards. Such an activity shall
lose its Deemed Approved Status and shall no longer be considered
a Deemed Approved Activity.
Means an Alcoholic Beverage Sales Activity that was a nonconforming
use pursuant to the City's nonconforming use regulations and for which
a valid ABC license had been issued and used in the exercise of the
rights and privileges conferred by the license at a time immediately
prior to the effective date of the ordinance establishing this section.
Such an activity shall be considered a Deemed Approved Activity and
shall no longer be considered a Legal Nonconforming Activity.
Means any Alcoholic Beverage Sales Establishment licensed
to engage in the retail sale of Alcoholic Beverages for offsite consumption.
Offsite alcohol sales shall include:
LIQUOR STORESWhich means any licensed retail business containing more than 4,000 square feet authorized by the state and licensed by the City that engages in the sale of packaged alcoholic beverages (distilled spirits, beer, wine or combination thereof).
CONVENIENCE STORESWhich means a place of business used for the retailing of a general food and drink products not intended for home preparation and consumption with more than half the square footage 50% of the retail sales floor area dedicated to the sale of such foods and non-alcoholic drinks, tobacco, magazines, toiletries, or any combination thereof. Convenience stores shall only be permitted to sell Beer, and Wine.
GROCERY STORE/MAJOR RETAILERWhich means any licensed retail grocery/retail business over 10,000 square feet in size, selling a variety of consumer goods and does not fall within the definition of Convenience Store. For no Conditional Use Permit to be required less that 15% of the retail floor space can be devoted to display and sales of alcoholic beverages.
SMALL GROCERY STOREMeans any licensed retail food establishment under 10,000 square feet that has more than 50% of the retail floor area dedicated to food products requiring home preparation (including fruits and vegetables). Small grocery stores shall only be permitted to sell Beer, and Wine with less than 10% of the retail floor space devoted to the display and sales of alcoholic beverages, unless they meet the requirements of a Liquor store.
RETAIL STOREMeans any licensed retail store under 10,000 square feet, including, but are not limited to boutiques, department stores, outlets and discount stores that offer a wide variety of consumer goods including food and non food items for sale and does not fall within the definition of Convenience or Small Grocery store. All food items sold shall be less than 40% of the retail floor space. Retail stores shall only be permitted to sell Beer and Wine with a Conditional Use Permit.
Means any Alcoholic Beverage Sales Establishment licensed
to engage in the retail sale of alcoholic beverages for onsite consumption.
Onsite alcoholic beverage sales shall include:
BARS AND LOUNGESWhich means any retail business authorized and licensed by the state and the City that engages in the sale of some or all types of alcoholic beverages, including beer, ale wine, distilled spirits, or any combination thereof, for consumption on the premises and in which food is not sold or served to the public as in a bona fide eating place or restaurant, or where the sale and service of food products is incidental to the sale or service of alcoholic beverages.
ENTERTAINMENT USEMeans any entertainment business authorized and licensed by the state and the City such as a theater, discotheque, banquet facility, a comedy club or a jazz club, where the sale of alcoholic beverages is an accessory to the primary purpose of entertainment or recreation. The primary source of revenue must come from a source other than alcoholic beverage sales.
RESTAURANTMeans a bona fide eating place whose predominant function is the service of a full range of food selections in a sit-down setting with table service, and little, if any emphasis on 'take out' food with onsite accessory sales of alcohol. "Restaurant" shall include the incidental serving of alcoholic beverages provided a conditional use permit has been obtained pursuant to the provisions of Section 30-26 of this Chapter.
Means regulations for the business practice activities and land use for locations with a conditional use permit enumerated by subsection 30-51.11 or those further requirements imposed to achieve these goals. Operational Standards constitute requirements that must be complied with by an establishment in order to maintain its conditional use permit.
Means regulations for the business practice activities and
land use for locations with Deemed Approved Status or those further
requirements imposed to achieve these goals. Performance Standards
constitute requirements that must be complied with by an establishment
in order to retain its Deemed Approved Status.
Means a conditional use permit issued pursuant to this section.
Means the individual or entity that owns an Alcoholic Beverage
Sales Establishment and to whom a conditional use permit to operate
an Alcoholic Beverage Sales Establishment has been issued by the City.
Means the purchasing of alcohol by an individual on behalf
of another individual, typically an adult purchasing alcohol on behalf
of or for consumption by a minor.
[Ord. #2300 § 1]
There is created an Alcoholic Beverages Sales Establishment
Administrative Hearing Officer. The City Manager shall appoint an
Alcoholic Beverages Sales Establishment Administrative Hearing Officer
and shall conduct public hearings and make recommendations intended
to encourage and achieve the compliance of particular sites as appropriate.
This section is not intended to restrict the powers and duties otherwise
pertaining to other City officers or bodies, in the field of monitoring
and ensuring the harmony of Alcoholic Beverages Sales Activities in
the City. These parties shall have the powers and duties assigned
to by this Code, by zoning regulations, by other codes and ordinance,
by the City Charter, or by valid administrative authority.
[Ord. #2300 § 1]
All Alcoholic Beverage Sales Activities that were Legal Nonconforming Activities immediately prior to the effective date of the ordinance establishing this Section 30-51 shall automatically become Deemed Approved Activities as of the effective date of such ordinance and shall no longer be considered Legal Nonconforming Activities. Each Deemed Approved Activity shall retain its Deemed Approved Status as long as it complies with the Performance Standards of this section.
[Ord. #2300 § 1]
The Deemed Approved Alcoholic Beverage Sales Regulations shall
apply to all Alcoholic Beverage Sales Activities for Onsite Alcoholic
Beverage Sales or Offsite Alcoholic Beverage Sales that have been
legally established and operating without a conditional use permit,
within the City as of the effective date of the ordinance establishing
this section with a current valid business license, and having obtained
all applicable building permits.
[Ord. #2300 § 1]
The provisions of this section shall be known as the Deemed
Approved Performance Standards. The purpose of these standards is
to control dangerous or objectionable environmental effects of Alcoholic
Beverage Sales Activities. These standards shall apply to all Deemed
Approved Alcoholic Beverage Sales Establishments that hold Deemed
Approved Status pursuant to this section. An Alcoholic Beverage Sales
Establishment shall retain its Deemed Approved Status only if it conforms
to all of the following Performance Standards:
a.
That the establishment does not result in adverse effects to the
health, welfare, peace or safety of persons visiting, residing, working,
or conducting business in the surrounding area.
b.
That the establishment does not jeopardize or endanger the public
health or safety of persons visiting, residing, working, or conducting
business in the surrounding area.
c.
That the establishment does not result in or cause repeated nuisance
activities within its premises or in close proximity of the premises,
including but not limited to disturbance of the peace, illegal drug
activity, public drunkenness, drinking in public, harassment of passersby,
gambling, prostitution, sale of stolen goods, public urination, theft,
assaults, batteries, acts of vandalism, littering, loitering, graffiti,
illegal parking, excessive loud noises, especially in the late night
or early morning hours, traffic violations, curfew violations, lewd
conduct, or police detentions and arrests.
d.
That the establishment complies with all provisions of local, state
and/or federal laws, regulations or orders, including but not limited
to those of the ABC, California Business and Professions Code Sections
24200, 24200.6, and 25612.5, as well as any condition imposed on any
permits issued pursuant to applicable laws, regulations or orders.
This includes compliance with annual City business license fees.
e.
That the establishment's upkeep and operating characteristics are
compatible with, and will not adversely affect the livability or appropriate
development of abutting properties and the surrounding neighborhood.
f.
That the owners and all employees of the establishment complete an
approved course in "Responsible Beverage Sales" (RBS) within 60 days
of hire for employees hired after the passage of the ordinance establishing
this section, or within six months of the passage of the ordinance
establishing this section for existing employees. To satisfy this
requirement, a certified program must meet the standards of the California
Coordinating Council on Responsible Beverage Service (CCC/RBS) or
other certifying/licensing body designated by the State of California.
g.
That a copy of these Performance Standards, any applicable ABC or
City operating conditions, and any training requirements shall be
posted in at least one prominent place within the interior of the
establishment where it will be readily visible and legible to the
employees and patrons of the establishment.
h.
All window signs excluding emergency signs and hours of operation
shall be prohibited.
i.
That the Alcoholic Beverage Sales Establishment operator shall not
maintain interior displays which impair visibility from the exterior
of the premises.
j.
That the Alcoholic Beverage Sales Establishment operator shall provide
adequate interior and exterior lighting to make easily discernible
the appearance and condition of persons.
k.
That music and other forms of amplified noise shall not be audible
from the exterior of any premises.
l.
That the Alcoholic Beverage Sales Establishment, if subject to a
conditional use permit approved prior to the effective date of the
ordinance adding this provision to the code, shall conform to the
conditions of approval imposed by the applicable conditional use permit.
In the event of a conflict between the conditions of approval and
the Performance Standards, the more strict provision shall apply.
m.
That there shall be no visible advertising of alcohol or signs containing
any word or reference to alcohol, liquor, beer or wine from the exterior
of the store.
[Ord. #2300 § 1]
The City or its Hearing Officer shall notify the owner of each
Deemed Approved Activity, and also, if not the same, any property
owner at the address shown on the County's property tax assessment
records, of the Alcoholic Beverage Sales Establishment's Deemed Approved
Status. The notice shall be sent by U.S. first class mail and certified
mail return receipt requested and shall include a copy of the Deemed
Approved Performance Standards in this section with the requirement
that they be posted in a conspicuous and unobstructed place visible
from the entrance of the establishment for public review. This notice
shall also provide that the activity is required to comply with all
performance standards and that the activity is required to comply
with all other aspects of the Deemed Approved regulations. Failure
of any person to receive notice given pursuant to this section shall
not affect the Deemed Approved Status of the activity.
[Ord. #2300 § 1]
An Alcoholic Beverage Sales Establishment's Deemed Approved Status may be modified, suspended for up to one year, or revoked by the Administrative Hearing Officer if, after investigation as provided in subsection 30-51.17, and holding a public hearing, the Administrative Hearing Officer finds and determines that violations of this section have occurred, are occurring, or are likely to occur, for failure to comply with the Performance Standards set forth in subsection 30-51.6. Notice of such hearing by the Administrative Hearing Officer at which it will consider the modification, suspension or revocation of an establishment's Deemed Approved Status shall be in writing and shall state the grounds therefore. Notice shall be mailed by U.S. first-class mail and certified mail return receipt requested at least 10 days before the date of the hearing.
The occurrence of any one of the following shall immediately
terminate the Deemed Approved Status of an Alcoholic Beverage Sales
Establishment, requiring the immediate termination of all Alcoholic
Beverages Sales Activity, and require the application of a conditional
use permit in order to reestablish the Alcoholic Beverage Sales Activity:
a.
An existing Alcoholic Beverage Sales Establishment changes its activity
so that ABC requires a different type of license.
b.
The Alcoholic Beverages Sales Establishment with unabated violations
of the Deemed Approved Performance Standards lasting more than 12
consecutive months or more than three violations of the Deemed Approved
Performance Standards in a twelve-month period commencing upon the
issuance of the first violation.
c.
There is a substantial modification to the mode or character of operation.
d.
As used herein, the phrase "substantial modification to the mode
or character of operation" includes but is not be limited to the following:
1.
The Offsite or Onsite Alcoholic Beverage Sales Establishment increases
the floor area or shelf space devoted to the display or sales of any
Alcoholic Beverage.
2.
The Offsite or Onsite Alcoholic Beverage Sales Establishment increases
the number of customer seats primarily devoted to the sale or service
of any Alcoholic Beverages.
3.
The Offsite or Onsite Alcoholic Beverage Sales Establishment extends
its normal hours of operation.
4.
The Alcoholic Beverage Sales Establishment proposes to reinstate
Alcoholic Beverage Sales Activity after the ABC license has been either
revoked or suspended for a period greater than 14 days by ABC.
5.
The Alcoholic Beverage Sales Establishment discontinues active operation
for more than 90 consecutive days or ceases to be licensed by the
ABC.
e.
A substantial modification in the mode of character or operation
shall not include:
1.
Re-establishment, restoration or repair of an existing Alcoholic
Beverage Sales Establishment on the same premises after the premises
have been rendered totally or partially inaccessible by a riot, insurrection,
toxic accident, or act of God, provided that the reestablishment,
restoration or repair does not extend the normal hours of operation
of any establishment or add to the capacity, floor area, or shelf
space devoted to Alcoholic Beverages of any establishment that engages
in any Alcoholic Beverage Sales Activity.
f.
If it is determined by the City that there has been a discontinuance of active operation for more than 90 consecutive days or a cessation or lapse of ABC licensing, an Alcoholic Beverage Sales Establishment may resume Alcoholic Beverage Sales Activity only upon the granting of a conditional use permit as provided in this section. In the event that any active operation is discontinued on a property for a period of 90 consecutive days or more, such discontinuance shall be presumed to be abandonment of the use by the property owner. At any time after any active operation is discontinued for a period of 90 consecutive days or more, the City Manager's designee shall notify the property owner in writing of the determination of presumed abandonment of the active operation. Pursuant to Section 30-26 of this chapter, the property owner may appeal the determination to the Planning Commission, which may overturn the determination only upon making a finding that the evidence supports the property owner's position that the Deemed Approved Activity was not discontinued for a period of 90 consecutive days or more. The property owner shall be notified by the city of the termination of the Deemed Approved Status and shall be informed of the property owner's right to appeal the City's decision to the Planning Commission.
[Ord. #2300 § 1]
The general purposes of these regulations are to protect and
promote the public health, safety, comfort, convenience, prosperity
and general welfare by requiring consideration and approval of a land
use permit before a new Alcoholic Beverage Sales Activity will be
permitted. This section alone does not allow or permit Alcoholic Beverage
Sales Activities, but only applies to these activities where otherwise
allowed or permitted within an applicable land use or zoning district.
All new Alcoholic Beverage Sales Establishments are required to comply
with the Operational Standards and objectives set forth in this Section.
Notwithstanding any other provision of this Code, no new Alcoholic
Beverage Sales Establishment, with the exception of Grocery Stores
and Major Retailers as defined in this Section, may be established
unless a conditional use permit is first obtained in accordance with
the requirements of this section.
[Ord. #2300 § 1]
a.
All new Offsite Alcoholic Beverage Sales Establishments shall comply
with the following distance requirements:
1.
All Alcoholic Beverage Sales Establishments, with the exception of
Restaurants, shall only be located on Major Highways, Secondary Highways,
and Collector (Industrial) Streets, as defined in the General Plan.
Access to the Alcoholic Beverage Sales Establishments shall not create
any traffic disruptions, delays, or safety issues for vehicular, bicycle,
or pedestrian traffic.
2.
Liquor Stores, Bars, lounge and Convenience Stores shall be separated
by a minimum distance of at least 1,000 feet from any other Liquor
Store, Bar, lounge or Convenience Store, inside or outside the City.
3.
Bars, Lounge, Liquor, and Convenience Stores shall be located at
least 1,000 feet from City Hall, public parks, schools, day care facilities,
medical clinics and churches.
4.
Each Alcoholic Beverage Sales Establishment shall meet the minimum
Code standards for parking, landscaping, access and signage.
5.
All new Liquor and Convenience Stores shall maintain a minimum of
at least 4,000 square feet of retail floor area and shall be limited
to locations within commercial centers with at least 25,000 square
feet of retail, restaurant, or entertainment floor area or if located
at a standalone building with a minimum of 10,000 square feet of floor
area with approval of a CUP. Convenience stores in gas stations shall
be 2,500 square feet. Gas station convenience stores that do not have
an approved conditional use permit when this ordinance take effect
shall be prohibited from selling alcoholic beverages of any type.
6.
Existing liquor and convenience stores that have an approved conditional use Permit when these regulations become effective and subsequently desire to expand or modify their operations, are subject to these regulations except subsections 30-51.10a5 and a7.
7.
Small grocery stores and retail stores that do not fall under the
definition of convenience or liquor stores may be permitted to sell
Beer and Wine only if less than 10% of the retail floor space is devoted
to the display and sales of alcoholic beverages.
8.
Large retailers of 10,000 square feet or greater that sell alcohol
do not require a CUP provided they limit the alcohol sales and display
area to no more than 15% of the gross floor area.
9.
A fraternal organization or veterans club may be exempted from the
size and location restrictions, subject to evaluation of site-specific
conditions through the Conditional Use Permit review process and considering
recommendations from the Sheriffs Department.
10.
Temporary uses issued a Temporary License by the California
Department of Alcoholic Beverage Control and established in compliance
with all City laws and regulations are exempt from the size and location
restrictions and do not require a CUP. Temporary uses are special
events/uses lasting less than 48 hours and receive a Special Event
Permit.
11.
Notwithstanding any other provisions of this Code, no new on-site
or off-site alcoholic beverage sales activity may be established without
full compliance with this ordinance except Conditional Use Permit
applications that have been filed prior to the effective date of this
Ordinance. Convenience stores that have been issued building permits
and are under construction prior to the adoption of this ordinance
are not subject to the minimum size or location requirements.
[Ord. #2300 § 1]
All new Offsite Alcoholic Beverage Sales Establishments shall
be designed, constructed, and operated to conform to all of the following
Operational Standards:
a.
That the establishment does not result in adverse effects to the
health, welfare, peace or safety of persons visiting, residing, working,
or conducting business in the surrounding area.
b.
That the establishment does not jeopardize or endanger the public
health or safety of persons visiting, residing, working, or conducting
business in the surrounding area.
c.
That the establishment does not result in or cause repeated nuisance
activities within its premises or in close proximity of the premises,
including but not limited to disturbance of the peace, illegal drug
activity, public drunkenness, drinking in public, harassment of passersby,
gambling, prostitution, sale of stolen goods, public urination, theft,
assaults, batteries, acts of vandalism, littering, loitering, graffiti,
illegal parking, excessive loud noises, especially in the late night
or early morning hours, traffic violations, curfew violations, lewd
conduct, or police detentions and arrests.
d.
That the establishment complies with all provisions of local, state
and/or federal laws, regulations or orders, including but not limited
to those of the ABC, California Business and Professions Code Sections
24200, 24200.6, and 25612.5, as well as any condition imposed on any
permits issued pursuant to applicable laws, regulations or orders.
This includes compliance with annual City business license fees.
e.
That the establishment's upkeep and operating characteristics are
compatible with, and will not adversely affect the livability or appropriate
development of abutting properties and the surrounding neighborhood.
f.
That the establishment complies with the following alcohol sale limitations
in order to discourage nuisance activities:
1.
No wine shall be displayed, sold or given away in containers less
than 750 milliliters, except multipack containers of wine, and multipack
wine coolers containing no more than 6% alcohol by volume.
2.
No malt beverage products shall be displayed, sold or given away
with alcohol content greater than 5 1/2% by volume.
3.
No wine shall be displayed, sold or given away with an alcohol content
greater than 15% by volume unless aged at least two years.
4.
No distilled spirits shall be displayed, sold or given away in containers
of less than 375 milliliters, including but not limited to, airline
bottles, except pre-mixed cocktails.
5.
Notwithstanding subsection (4) above, no distilled spirits shall be displayed, sold or distributed in 375 milliliters hip flask containers.
6.
No beer, ale, or malt liquor shall be offered for sale in single
containers or in containers of beer, ale, or malt liquor not in their
original factory packages of six-packs or greater.
7.
No beer, ale or malt liquor shall be offered for sale in a container
with a volume greater than 24 ounces. This restriction is not intended
to prohibit the sale of such beverages in kegs or other types of containers,
with a volume of two or more gallons, which are clearly designed to
dispense multiple servings.
8.
No display, sale or distribution of beer or wine, wine coolers or
similar alcoholic beverages shall be made from an ice tub, barrel,
or similar container.
g.
That the owners and all employees of the establishment complete an
approved course in "Responsible Beverage Sales" (RBS) within 60 days
of hire for employees hired after the passage of the ordinance establishing
this section, or within six months of the passage of the ordinance
establishing this section for existing employees. To satisfy this
requirement, a certified program must meet the standards of the California
Coordinating Council on Responsible Beverage Service (CCC/RBS) or
other certifying/licensing body designated by the State of California.
h.
A copy of these operational standards, any applicable ABC or City
operating conditions, and any training requirements shall be posted
in at least one prominent place within the interior of the establishment
where it will be readily visible and legible to the employees and
patrons of the establishment.
i.
That the Alcoholic Beverage Sales Establishment operator shall not maintain interior displays which impair visibility from the exterior of the premises. Signs both inside and outside buildings shall be limited to the provisions of the City of Compton Zoning Code Chapter 30. No exterior sign shall incorporate any words, logos, symbols, or graphics denoting the sale of alcohol. Any sign having the words liquor, beer, wine, or spirits is prohibited. All window signs excluding emergency signs and hours of operation shall be prohibited. No alcohol related signs located inside the alcohol-related sales business building shall be visible from the outside of the building.
j.
That the Alcoholic Beverage Sales Establishment operator shall provide
adequate interior and exterior lighting to make easily discernible
the appearance and condition of persons.
k.
That music and other forms of amplified noise shall not be audible
from the exterior of any premises.
l.
Convenience Store and Small Grocery Store Alcoholic Beverage Sales
Activity shall be limited to beer, ale, and wine.
[Ord. #2300 § 1]
a.
Any person, association, partnership, corporation or other entity
desiring to obtain an Alcoholic Beverage Sales Activity conditional
use permit shall file an application with the City's Planning and
Economic Development Department on a form provided by the City. The
application shall be accompanied by a nonrefundable application processing
fee in an amount established by resolution of the City Council. The
application for a conditional use permit shall contain the following
information:
1.
The name, address and telephone number of the applicant. If the applicant
is a corporation, the applicant shall set forth the name of the corporation
exactly as shown in its articles of incorporation. An applicant corporation
or partnership shall designate one of its officers or general partners
to act as its responsible management officer.
2.
The name, address, and telephone number of the person who shall manage
and operate the establishment.
3.
The name, address, and telephone number of a person authorized to
accept service of legal notices.
4.
The proposed business name of the Alcoholic Beverage Sales Establishment
and description of all operating aspects of the proposed business.
5.
The type of ABC license the applicant is seeking for the Alcoholic
Beverage Sales Establishment.
6.
The street address of the proposed establishment and the assessor
parcel number for the property.
7.
A site plan for the property depicting the location of the building
housing the Alcoholic Beverage Sales Activity on the property, and
all existing and proposed parking, exterior lighting, signage, and
landscaping, trash enclosures, waiting or queuing areas.
8.
A plan for community outreach and community engagement meetings to
take place prior to any Planning Commission public hearing related
to the approval or processing of the application.
9.
A map of all other Alcoholic Beverage Sales Establishments both onsite
and offsite within a 1,000-foot radius of the proposed location.
b.
The application shall be forwarded to the Community Development Department
which may refer the application to other City departments to determine
whether the premises where the Alcoholic Beverage Sales Establishment
will be located, complies with the City's building, health, zoning
and fire ordinances or other applicable ordinances or laws. City departments
may conduct an inspection of the premises to determine compliance
with the ordinances and other laws they administer. City departments
may prepare reports summarizing their inspections and recommending
whether to approve or deny the application based on their inspections.
[Ord. #2300 § 1]
The Planning Commission may approve issuance of the conditional
use permit to allow a new Alcoholic Beverage Sales Establishment upon
making the following findings:
a.
The establishment is located in a zoning district in which the establishment
is a conditionally permitted use.
b.
That the operations of the establishment do not cause or result in
adverse effects to the health, welfare, peace or safety of persons
visiting, residing, working, or conducting business in the surrounding
area.
c.
That the establishment does not jeopardize or endanger the public
health or safety of persons visiting, residing, working or conducting
business in the surrounding area.
d.
A finding of "public convenience and necessity" (Business and Professions
Code Section 23958.4(b)(2)), if the activity will be located in an
area that has been determined by the ABC to have an undue concentration
of licenses as defined in Business and Professions Code Section 23958.4(a).
e.
That the operations of the establishment will not aggravate existing
problems in the neighborhood created by the sale of alcohol such as
disturbance of the peace, illegal drug activity, public drunkenness,
drinking in public, harassment of passersby, gambling, prostitution,
sale of stolen goods, public urination, theft, assaults, batteries,
acts of vandalism, littering, loitering, graffiti, illegal parking,
excessive loud noises, especially in the late night or early morning
hours, traffic violations, curfew violations, lewd conduct, or police
detentions and arrests.
f.
The establishment will not detrimentally affect nearby neighborhoods
considering the distance of the alcohol establishment to residential
buildings, schools, parks, playgrounds or recreational areas, nonprofit
youth facilities, places of worship, hospitals, alcohol or other drug
abuse recovery or treatment facilities, social service offices, or
other Alcoholic Beverages Sales Activity Establishments.
g.
The establishment will otherwise be compatible with existing and
potential uses within the surrounding area.
[Ord. #2300 § 1]
The Planning Commission may impose reasonable Conditions of
Approval as necessary to make the required findings including, but
not limited to, the following:
a.
Soundwalls: If the proposed Alcoholic Beverage Sales Establishment
abuts residential areas, a soundwall may be required between the establishment
conducting the Alcoholic Beverage Sales Activity and the abutting
residential areas. The soundwall must comply with all state and local
requirements for construction and location and must not obstruct the
view of the building and parking areas from the street. Landscaping
may be required to be planted along the soundwall to improve the appearance
of the soundwall. Exterior landscaping must be planted and maintained
in a manner that minimizes its use as a hiding place.
b.
Trash Receptacles: Permanent, nonflammable trash receptacles may
be required to be located at convenient locations appropriately screened
from view outside the establishment and in any establishment parking
area. The operators of the establishment may be required to remove
on a daily basis, or more frequently if needed to maintain a litter
free environment, all trash from these receptacles and from the sidewalk
adjacent to the establishment. The operators of the establishment
also may be required to remove at least three times per week all trash
originating from its establishment deposited on public property within
250 feet of any boundary of its premises.
c.
Pay Telephones: Pay telephones on the site of the establishment may
either be (i) prohibited; or (ii) required to be of the type that
only allow outgoing calls and be located in a visible and well-lighted
location.
d.
Lighting: Exterior areas of the premises and adjacent parking lots
shall be provided with sufficient lighting in a manner that provides
adequate illumination for alcohol establishment patrons while not
spilling onto surrounding residential and commercial properties. A
photometric study may be required to determine compliance.
e.
Program: A "complaint response community relations" program established
and maintained by the establishment may be required. The program may
include the following:
1.
Posting at the entry of the establishment a sign providing the telephone
number for the area commander of the Los Angeles County Sheriffs Department
substation.
2.
Coordinating efforts with the Los Angeles County Sheriffs Department
to monitor community complaints about the establishment activities.
3.
Having a representative of the establishment meet with neighbors
or any applicable neighborhood associations on a regular basis and
at their request attempt to resolve any neighborhood complaints regarding
the establishment.
f.
Activities: If appropriate, the following activities may be prohibited
on the premises: pool or billiard tables, football or pinball games,
arcade style video and electronic games, and amusement devices.
g.
Chilled Alcoholic Beverages: An Alcoholic Beverage Sales Establishment
engaged in Offsite Alcoholic Beverage Sales may be prohibited from
maintaining refrigerated or otherwise chilled Alcoholic Beverages
on the premises or displaying, selling, or distributing beer, wine,
malt, wine coolers, or similar alcoholic beverages from an ice tube,
barrel or similar container.
h.
Hours of Operation: The sale of Alcoholic Beverages may be restricted
to certain hours of each day of the week at Offsite Alcoholic Beverage
Sales Establishments, unless limited further by the ABC.
i.
Cups: The sale or distribution to the customer of paper or plastic
cups in quantities less than their usual and customary packaging may
be prohibited at Offsite Alcoholic Beverage Sales Establishments.
j.
Signs: The following signs may be required to be prominently posted
in a readily visible manner in English, Spanish, and the predominant
language of the patrons:
k.
Presentation of Documents: A copy of the Conditions of Approval and
the ABC license may be required to be kept on the premises of the
establishment and presented to any law enforcement officer or authorized
state or city official upon request.
l.
Mitigating Alcohol Related Nuisances: The establishment may be required
to operate such that it does not result in nuisance activities within
the premises or in close proximity to the premises, including but
not limited to sales to minors, surrogate sales, solicitation, disturbance
of the peace, illegal drug activity, public drunkenness, drinking
in public, harassment of passersby, gambling, prostitution, sale of
stolen goods, public urination, theft, assaults, batteries, acts of
vandalism, littering, loitering, graffiti, illegal parking, excessive
loud noises, especially in the late night or early morning hours,
traffic violations, curfew violations, lewd conduct, or police detentions
and arrests.
m.
Drug Paraphernalia: the establishment may be prohibited from selling
drug/tobacco paraphernalia products as defined in Health and Safety
Code Sections 11014.5 and 11364.5. "Drug Paraphernalia" means all
equipment products and materials of any kind that are used intended
for use or designed for use in planting, propagating, cultivating,
growing, harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling, or
otherwise introducing into the human body a controlled substance in
violation of the California Uniform Controlled Substances Act commencing
with Health and Safety Code Section 11000.
n.
Loitering: The establishment's operators or employees may be required
to discourage loiterers and to ask persons loitering longer than 15
minutes to leave the area and contact local law enforcement officials
for enforcement of applicable trespassing and loitering laws if persons
requested to leave fail to do so. The establishment's operators or
employees may be required to ensure that no fixtures or furnishing
that encourage loitering and nuisance behavior are permitted on the
premises. This includes, but is not limited to chairs, seats, stools,
benches, tables, crates, etc.
o.
Security Cameras: The establishment may be required to implement
a video camera safety plan that may include:
1.
Digital video camera system capable of color recording that continuously
records activity of patrons and employees at service counters, entrances
and exits, and primary parking areas.
2.
Requirement to store video recordings and make them retrievable for
a minimum period of 30 days from the time of recording.
3.
Video clarity must be such that a person's facial features can be
identified from the video.
4.
The video system must be engaged, and recording at all times and
the system must be maintained in working order at all times.
5.
The video system must be approved by the Los Angeles County Sheriff's
Department before it is installed to ensure compliance with City requirements,
and approved again after the system is operational.
6.
All criminal and suspicious activities recorded on the video system
must be reported to local law enforcement. To the extent allowed by
law, the establishment operators may be required to provide any tapes
or other recording media from the security cameras to the police department.
p.
Security Guards: An establishment may be required to retain a specified
number of security guards. The number of security guards and the time
periods for which the guards must be present shall vary based upon
the specific facts and circumstances of each establishment site and
operation. All security guards shall have all required state and City
permits and licenses. All Liquor Stores, Convenience Stores, and Bars
shall employ a licensed security guard during hours of operation after
nightfall.
q.
Landscaping: Any required exterior vegetation shall be planted in
accordance with this Code, and shall be maintained in a manner that
minimizes its use as a hiding place.
r.
That there shall be no visible advertising of alcohol or signs containing
any word or reference to alcohol, liquor, beer or wine from the exterior
of the store.
[Ord. #2300 § 1]
Pursuant to subsections 30-51.13 and 30-51.14, any applicant or other person aggrieved by a decision of the Administrative Hearing Officer may appeal that decision to the Planning Commission. A decision of the Planning Commission may be appealed on an application for a permit required by this section to the City Council in accordance with Section 30-26.
[Ord. #2300 § 1]
An Alcoholic Beverage Sales Establishment conditional use permit may be suspended by the Planning Commission and/or the City Council for up to one year, or revoked upon the recommendation of the Administrative Hearing Officer, for failure to comply with Operational Standards, training requirements, or conditions imposed through the conditional use permit in accordance with subsection 30-51.14 of this Code. Notice of intention to suspend or revoke shall be in writing and shall state the grounds therefore pursuant to subsection 30-51.17. Notice shall be mailed by U.S. first-class mail and certified mail return receipt requested. The Administrative Hearing Officer shall hold a public hearing on the revocation or suspension of the conditional use permit and shall provide notice in accordance with subsection 30-51.17.
[Ord. #2300 § 1]
The City Manager shall appoint an Alcoholic Beverages Sales Establishment Administrative Hearing Officer to determine whether violations of this section, including the Operational Standards, Conditions of Approval, Performance Standards, where applicable, as well as whether undue negative impacts or public nuisance activities have occurred, are occurring, or are likely to occur in the future. The Hearing Officer shall exercise all powers relating to the conduct of the administrative hearing as set forth in subsection 1-7.10 of this Code.
Upon the City's receipt of a complaint from the public, City
official, or any other interested person, that a conditional use permit
activity or Deemed Approved Activity is in violation of the Operational
Standards, Performance Standards, and/or Conditions of Approval where
applicable, the following procedure shall be followed:
a.
The City code enforcement officer (or other designated City representative)
shall assess the nature of the complaint and its validity by conducting
an on-site observation and inspection of the premises to assess the
activity's compliance with Operational Standards, Performance Standards
and/or Conditions of Approval, where applicable. The enforcement officer
shall provide the business owner and any manager on the premises during
the on-site inspection with a copy of any complaint made in writing
or with information about the details of any oral complaint.
b.
If violations are observed during the observation and inspection,
the enforcement officer shall record the violations and send via both
U.S. first class mail and certified mail return receipt requested
a "Notice to Abate" to the owner of the activity and the property
owner, if not the same person or entity. Such "Notice to Abate" shall
notify the owner and property owner of the violations recorded by
the officer and that continued non-compliance may result in the penalties
and shall set forth a reasonable period of not less than 10 calendar
days within which to abate any violations. The enforcement officer
may extend the 10 calendar day period where required if abatement
requires the installation or construction of improvements or changes
to the establishment.
c.
At the end of the abatement period prescribed in the "Notice to Abate,"
the code enforcement officer shall conduct a reinspection visit. If
the violations have not been abated within the prescribed abatement
period and the officer determines that it is unlikely that further
efforts to compel compliance by the owner with the Operational Standards,
Performance Standards and/or Conditions of Approval, where applicable,
the officer shall determine that the activity is in persistent violation
of the Operational Standards, Performance Standards and/or Conditions
of Approval, where applicable, and shall refer the matter and all
material evidence to the Administrative Hearing Officer for adjudication.
A copy of the officer's determination of continued non-compliance
shall be sent via both U.S. first class mail and certified mail return
receipt requested to the owner of the Alcoholic Beverage Sales Establishment
and the property owner, if not the same person or entity.
d.
Upon referral from the code enforcement officer that an activity
is in persistent violation of the Operational Standards, Performance
Standards and/or Conditions of Approval, where applicable, the operating
status of the activity in question shall be reviewed by the Administrative
Hearing Officer at a public hearing. The purpose of the administrative
hearing is to receive information as to whether the activity is in
compliance with the Operational Standards, Performance Standards and/or
Conditions of Approval, where applicable.
e.
The Administrative Hearing Officer shall determine whether the activity is in compliance with the Operational Standards, Performance Standards and/or Conditions of Approval, where applicable. For Deemed Approved Activities, the Administrative Hearing Officer may suspend, revoke, or terminate an Alcoholic Beverage Sales Establishment's Deemed Approved Status, pursuant to subsection 30-51.8, based on the determination of the Administrative Hearing Officer. For Conditionally Permitted Uses, the Administrative Hearing Officer may continue the Conditional Use status for the use in question, and may make a recommendation to the Planning Commission to impose administrative penalties for violations of the Operational Standards and/or Conditions of Approval or to revoke the activity's Conditional Use Permit, based on the determination of the Administrative Hearing Officer. Upon a recommendation of the Hearing Officer, the Planning Commission may impose further, new conditions on the activity; such conditions shall be based upon the information then before the Planning Commission. In reaching a determination as to whether a use has violated the operational standards, or as to the appropriateness of imposing conditions on a use, assessing administrative penalties, or the amount of administrative penalties to assess, the Planning Commission may consider:
1.
The length of time the activity has been out of compliance with the
performance standards.
2.
The impact of the violation of the operational standards and/or Conditions
of Approval on the community.
3.
Any information regarding the owner of the activity's efforts to
remedy the violation of the operational standards and/or Conditions
of Approval. "Efforts to Remedy" shall include, but are not limited
to:
(a)
Timely calls to the Los Angeles County Sheriff's Department
that are placed by the owner of the Deemed Approved activity, his
or her employees, or agents.
(b)
Requesting that those persons engaging in activities causing
violations of the Operational Standards and or Conditions of Approval
cease those activities, unless the owner of the activity, or his or
her employees or agents feels that their personal safety would be
threatened in making that request.
(c)
Making improvements to the establishment's property or operations,
including but not limited to the installation of lighting sufficient
to illuminate the area within the use's property line, the installation
of security cameras, clear unobstructed windows, clean sidewalks and
graffiti abated within three days.
f.
The decision of the Hearing Officer shall be final unless appealed
to the Planning Commission, by written form approved by the City and
payment of the applicable hearing fee, within 10 calendar days after
the date of the decision.
[Ord. #2300 § 1]
The sale of Alcoholic Beverages is a closely regulated industry.
The officials responsible for enforcement of this Code, and their
duly authorized representatives, may enter on any site or into any
structure open to the public for the purpose of investigation provided
they do so in a reasonable manner whenever they have cause to suspect
a violation of any provision of this section or whenever necessary
for the investigation of violations of the Conditions of Approval
or Deemed Approved Performance Standards prescribed in this section.
If an owner, occupant or agent refuses permission to enter, inspect
or investigate, the officials or their representatives may seek an
inspection warrant under the provisions of Code of Civil Procedure
Section 1822.50 et seq. All such inspections shall be conducted in
compliance with the Fourth Amendment to the United States Constitution.
[Ord. #2300 § 1]
Any person violating any of the provisions of this section shall
be deemed guilty of a misdemeanor and, upon conviction thereof, shall
be punishable by a fine of not more than $1,000, or by imprisonment
in the County Jail for a period of not more than one year, or by both
such fine and imprisonment. Any use, occupation, building, or structure
maintained contrary to the provisions of this section shall constitute
a public nuisance.
[Ord. #2300 § 1]
Any violator shall be guilty of a separate offense for each
and every day during any portion of which any violation of any provision
of this section is committed, continued, permitted, or caused by such
violator and shall be punishable accordingly.
[Ord. #2300 § 1]
Any violation of any provision of this section shall be and
is declared to be contrary to the public interest and shall, at the
discretion of the City, create a cause of action for injunctive relief.
[Ord. #2300 § 1]
In addition to any other penalties provided in this section, the administrative penalties set forth in Section 1-7 of this Code shall apply for any violation of this section.
[Ord. #2300 § 1]
In addition to the punishment provided by law, a violator is
liable for such costs expenses and disbursements paid or incurred
by the City or any of its contractors in correction, abatement and
prosecution of the violation. Both the owner of the Alcoholic Beverage
Sales Establishment and owner of the property where the establishment
is located shall be jointly and severally liable for any re-inspection
fees to ascertain compliance with previously noticed or cited violations.
The inspection official shall give the owner and other responsible
party of such affected premises a written notice showing the itemized
cost of such chargeable service and requesting payment thereof. Should
the bill not be paid in the required time the charges may be placed
as a lien against the property.
[1]
Editor's Note: Ordinance No. 2276 extended Interim Ordinance
No. 2274 prohibiting all commercial medical marijuana uses in the
City including deliveries and all medical marijuana including cultivation
for medical use by a qualified patient or primary caregiver.
[Ord. #2276 § 1]
The City Council finds that the facts set forth in the Recitals,
Part A (Preamble of Ord. No. 2276), of this Ordinance are true and
correct.
[Ord. #2276 § 2]
Pursuant to Government Code Section 65858, the City Council
may adopt as an urgency measure, an Ordinance that prohibits any uses
that may be in conflict with a contemplated zoning proposal which
a legislative body, Planning Commission, or Planning and Economic
Development Department is considering or studying or intends to study
within a reasonable period of time.
[Ord. #2276 § 3]
The City Council hereby extends the current, interim prohibition
on the establishment, operation, maintenance, or conduct of any commercial
medical marijuana activity, medical marijuana deliveries, and commercial
medical marijuana cultivation in all zones of the City, as established
by Interim Ordinance No. 2274. For purposes of this Ordinance, the
following terms apply:
Shall have that meaning set forth in the MCRSA, as the same
may be amended from time to time, and shall include all parts of the
plant cannabis sativa linnaeus, cannabis indica, or cannabis ruderalis,
whether growing or not; the seeds thereof; the resin, whether crude
or purified, extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant,
its seeds, or resin. "Cannabis" also means the separated resin, whether
crude or purified, obtained from marijuana. "Cannabis" also means
marijuana as defined by Section 11018 of the Health and Safety Code
as enacted by Chapter 1407 of the Statutes of 1972. "Cannabis" does
not include the mature stalks of the plant, fiber produced from the
stalks, oil or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature
stalks (except the resin extracted therefrom), fiber, oil, or cake,
or the sterilized seed of the plant which is incapable of germination.
For the purpose of this Ordinance, "cannabis" does not mean "industrial
hemp" as defined by Section 81000 of the Food and Agricultural Code
or Section 11018.5 of the Health and Safety Code.
Shall have that meaning set forth in the MCRSA, as the same
may be amended from time to time, and shall include cultivation, possession,
manufacture, processing, storing, laboratory testing, labeling, transporting,
or distribution, as those terms are defined or used in the MCRSA,
and/or sale, of medical cannabis or a medical cannabis product, except
as provided in Section 7 of Senate Bill No. 643 (2015-2016).
Shall mean two or more persons collectively or cooperatively
cultivating, using, transporting, possessing, administering, delivering
or making available medical cannabis, with or without compensation.
Shall have the same meaning set forth in the MCRSA, as the
same may be amended from time to time, and shall include any activity
involving the planting, growing, harvesting, drying, curing, grading,
or trimming of cannabis.
Shall have the same meaning as set forth in the MCRSA, as
the same may be amended from time to time, and shall include the commercial
transfer of medical cannabis or medical cannabis products from a dispensary,
up to an amount determined by the bureau to a primary caregiver or
qualified patient as defined in Section 11362.7 of the Health and
Safety Code, or a testing laboratory. "Delivery" also includes the
use by a dispensary of any technology platform owned and controlled
by the dispensary, or independently licensed under the MCRSA, which
enables qualified patients or primary caregivers to arrange for or
facilitate the commercial transfer by a licensed dispensary of medical
cannabis or medical cannabis products.
Shall have the same meaning as set forth in the MCRSA, as the same may be amended from time to time, and shall include any facility where medical cannabis, medical cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers, pursuant to express authorization by local ordinance, medical cannabis and medical cannabis products as part of a retail sale. "Dispensary" shall also include "dispensary" as defined in Compton Municipal Code subsection 9-24.2, and a cooperative as defined herein.
Shall collectively mean the Medical Cannabis Regulation and
Safety Act as contained, codified, enacted, and signed into law on
October 9, 2015, as Assembly Bill No. 243, Assembly Bill No. 266,
and Senate Bill 643, as the same may be amended from time to time.
The MCRSA was formerly known as the MMRSA or Medical Marijuana Regulation
and Safety Act.
Shall have the same meanings as set forth in the MCRSA, as
the same may be amended from time to time.
|
Notwithstanding the provisions of Compton Municipal Code subsection 9-24.2, "Primary caregiver" shall have the same meaning as set forth in Health and Safety Code § 11362.7, as the same may be amended from time to time.
|
|
Notwithstanding the provisions of Compton Municipal Code subsection 9-24.2, "Qualifying patient" or "Qualified patient" shall have the same meaning as set forth in Health and Safety Code § 11362.7, as the same may be amended from time to time.
|
[Ord. #2276 § 4]
a.
Commercial cannabis activities of any type or nature are expressly
prohibited in all zones and all specific plan areas in the City of
Compton. No person shall establish, operate, maintain, conduct or
allow commercial cannabis activity anywhere within the City. No application
for a building permit, conditional use permit, business license, or
any other entitlement authorizing the establishment, operation, maintenance,
development, or construction of any commercial cannabis activity,
shall be approved during the term of the prohibition established in
this Ordinance.
b.
To the extent not already prohibited by paragraph a above, all deliveries
of medical cannabis and/or medical cannabis products to or from the
City of Compton are expressly prohibited within the City of Compton.
No person shall conduct or perform any delivery of any medical cannabis
or medical cannabis product, which delivery either originates or terminates
within the City.
c.
This section is meant to prohibit all activities for which a State
license is required pursuant to the MCRSA. Accordingly, the City shall
not issue any permit, license or other entitlement for any activity
for which a State license is required under the MCRSA.
d.
Cultivation of cannabis for commercial or non-commercial purposes,
including cultivation by a qualified patient or a primary caregiver,
is expressly prohibited in all zones and all specific plan areas in
the City of Compton. No person, including a qualified patient or primary
caregiver, shall cultivate any amount of cannabis in the City, even
for medical purposes. Due to the passage of Proposition 64, this prohibition
will not apply to the cultivation of up to six live marijuana plants
within a single private residence, or inside an accessory structure
to a private residence located upon the grounds of private residence
that is fully enclosed and secure, as this activity is specifically
authorized by Health and Safety Code section 11362.2.
e.
Nothing in this Ordinance, or its adoption, shall be deemed to affect any other prohibitions or regulations relating to marijuana contained in the Compton Municipal Code, including, but not limited to, the provisions of subsections 9-24.1 through 9-24.6 of the Compton Municipal Code. In the event of any conflict between said subsections and this Ordinance, the most restrictive provision shall govern. Nothing in this Ordinance shall be deemed to affect or excuse any violation of subsections 9-24.1 through 9-24.6 of the Compton Municipal Code.
f.
In the event of any conflict between this Ordinance and State law,
State law will govern.
[Ord. #2276 § 5]
Nothing in this Ordinance shall be interpreted to the effect
that the City's permissive zoning scheme allows any other use not
specifically listed therein.
[Ord. #2276 § 6]
Any use or condition caused, or permitted to exist, in violation
of any provision of this Ordinance shall be, and hereby is declared
to be, a public nuisance and may be summarily abated by the City pursuant
to Code of Civil Procedure section 731 or by any other remedy available
to the City.
[Ord. #2276 § 7]
Violation of any provision of this Ordinance shall constitute
a misdemeanor and shall be punishable by a fine not to exceed $1,000
or by imprisonment for a period not to exceed six months, or by both
such fine and imprisonment. Each and every day such a violation exists
shall constitute a separate and distinct violation of this Ordinance.
Notwithstanding the foregoing, nothing in this Ordinance shall authorize
a criminal prosecution or arrest prohibited by Health and Safety Code
section 11362.71, et seq.
[Ord. #2276 § 8]
In addition to any other enforcement permitted by this Ordinance,
the City Attorney may bring a civil action for injunctive relief and
civil penalties against any person or entity that violates this Ordinance.
In any civil action brought pursuant to this Ordinance, a court of
competent jurisdiction may award reasonable attorneys' fees and costs
to the prevailing party.
[Ord. #2276 § 9]
This Ordinance is exempt from CEQA pursuant to CEQA Guidelines
section 15061(b)(3) which is the general rule that CEQA applies only
to projects which have the potential for causing a significant effect
on the environment, and CEQA does not apply where it can be seen with
certainty that there is no possibility that the activity may have
a significant effect on the environment. Provisions of the City's
permissive zoning ordinance already prohibit uses that are being expressly
prohibited by this Ordinance. Therefore, this Ordinance has no impact
on the physical environment as it will not result in any adverse changes
to the environment.
[Ord. #2276 § 10]
If any section, subsection, subdivision, sentence, clause, phrase
or portion of this Ordinance, is for any reason held to be invalid
or unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council hereby declares that it would
have adopted this Ordinance and each section, subsection, subdivision,
sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, sentences,
clauses, phrases, or portions thereof be declared invalid or unconstitutional.
[Ord. #2276 § 11]
This Ordinance shall become operative concurrent with the expiration
of Interim Ordinance No. 2274 and shall expire, and the prohibition
established hereby shall terminate, 10 months and 15 days after said
effective date pursuant to and subject to California Government Code
Section 65858, unless further extended by the City Council pursuant
to California Government Code section 65858.
[Ord. #2277 § 1]
The City Council finds that the facts set forth in the Recitals
of this Ordinance are true and correct.
[Ord. #2277 § 2]
Hereinafter in this Ordinance the following words shall have
the meanings set forth below, unless the context otherwise permits
or requires:
Shall include the cultivation, possession, manufacture, distribution,
processing, storing, laboratory testing, labeling, transportation,
delivery or sale of marijuana and marijuana products for non-medical
purposes.
Shall include any activity involving the planting, growing,
harvesting, drying, curing, grading, or trimming of marijuana.
Shall mean the commercial transfer of marijuana or marijuana
products to a customer. Delivery also includes the use by a retailer
of any technology platform owned and controlled by retailer, or independently
licensed under Proposition 64 that enables customers to arrange for
or facilitate the commercial transfer by a State licensed retailer
of marijuana or marijuana products.
Shall include all parts of the plant Cannabis sativa L.,
whether growing or not; the seeds thereof; the resin extracted from
any part of the plant; and every compound, manufacture, salt, derivative,
mixture or preparation of the plant, its seeds or resin. It does not
include (a) industrial hemp, as defined in Section 11018.5 of the
Health and Safety Code; (b) the weight of any other ingredient combined
with marijuana to prepare topical or oral administrations, food, drink,
or other product; and (c) marijuana that is cultivated, processed,
transported, distributed, or sold for medical purposes under Chapter
3.4 of Division 8 of the Business and Professions Code.
Refers to the Control, Regulate and Tax Adult Use of Marijuana
Act.
[Ord. #2277 § 3]
a.
Commercial non-medical marijuana activity is expressly prohibited
in all zones and all specific plan areas in the City of Compton. No
person shall establish, operate, maintain, conduct or allow commercial
non-medical marijuana activity anywhere within the City. No application
for a building permit, conditional use permit, business license, or
any other entitlement authorizing the establishment, operation, maintenance,
development, or construction of any use that allows for commercial
non-medical marijuana activity shall be approved during the term of
the prohibition established in this Ordinance.
b.
Paragraph a of this subsection is meant to prohibit all activities
for which a State license is required pursuant to Proposition 64.
Accordingly, the City shall not issue any permit, license or other
entitlement for any activity for which a State license is required
under Proposition 64. The City shall also not issue any local license
to a non-profit pursuant to provisions of Business and Professions
Code section 26070.5.
c.
To the extent not already prohibited by Interim Ordinance No. 2274,
marijuana shall not be cultivated outdoors upon the grounds of a private
residence. Indoor marijuana cultivation will be allowed consistent
with State law which permits no more than six live marijuana plants
to be planted, cultivated, harvested, dried, or processed within a
single private residence or inside an accessory structure located
upon the grounds of a private residence that is fully enclosed and
secured. Any marijuana cultivation that exceeds the limits set forth
in this subsection is hereby declared to be unlawful and a public
nuisance.
d.
Nothing in this Ordinance, or its adoption, shall be deemed to affect any other prohibitions or regulations relating to marijuana contained in the Compton Municipal Code, including, but not limited to, the provisions of subsections 9-24.1 through 9-24.6 of the Compton Municipal Code and Interim Ordinance No. 2274, except to the extent that marijuana cultivation is prohibited by Interim Ordinance No. 2274. The City will not be enforcing the provisions of Interim Ordinance No. 2274 that prohibit the personal cultivation of marijuana. Consistent with State law, persons are permitted to cultivate up to six live marijuana plants indoors so long as they abide by the standards set forth in paragraph c above. Nothing in this Ordinance shall be deemed to affect or excuse any violation of the Compton Municipal Code or of Interim Ordinance No. 2274, except as otherwise described in this paragraph d.
[Ord. #2277 § 4]
Nothing in this Ordinance shall be interpreted to the effect
that the City's permissive zoning scheme allows any other use not
specifically listed therein.
[Ord. #2277 § 5]
Any use or condition caused, or permitted to exist, in violation
of any provision of this Ordinance shall be, and hereby is declared
to be, a public nuisance and may be summarily abated by the City pursuant
to Code of Civil Procedure Section 731 or by any other remedy available
to the City.
[Ord. #2276 § 6]
Violation of any provision of this Ordinance shall constitute
a misdemeanor and shall be punishable by a fine not to exceed $1,000
or by imprisonment for a period not to exceed six months, or by both
such fine and imprisonment. Each and every day such a violation exists
shall constitute a separate and distinct violation of this Ordinance.
[Ord. #2277 § 7]
In addition to any other enforcement permitted by this Ordinance,
the City Attorney may bring a civil action for injunctive relief and
civil penalties against any person or entity that violates this Interim
Ordinance. In any civil action brought pursuant to this Interim Ordinance,
a court of competent jurisdiction may award reasonable attorneys'
fees and costs to the prevailing party.
[Ord. #2277 § 8]
It can be seen with certainty that there is no possibility that the adoption of the Interim Ordinance may have a significant effect on the environment because the Interim Ordinance will only impose greater and temporary limitations on marijuana-related uses allowed in the City, and will thereby serve to prevent potentially significant adverse environmental impacts. The City Council has reviewed staff's determination of exemption and based on its own independent judgment, concurs in staff's determination that the Interim Ordinance is exempt from CEQA. The adoption of the Interim Ordinance is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations.
[Ord. #2277 § 9]
If any section, subsection, subdivision, sentence, clause, phrase
or portion of this Ordinance, is for any reason, held to be invalid
or unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council hereby declares that it would
have adopted this Ordinance and each section, subsection, subdivision,
sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, sentences,
clauses, phrases, or portions thereof be declared invalid or unconstitutional.
[Ord. #2277 § 10]
This Ordinance is adopted as an urgency, interim ordinance and
shall take effect immediately. This Ordinance will only become operative
if Proposition 64 is approved by the voters. If Proposition 64 is
not approved by the voters at the November election, this Ordinance
shall be null and void and shall be deemed repealed. This Ordinance
shall expire, and the prohibition established hereby shall terminate,
45 days after the date of adoption unless extended by the City Council
pursuant to California Government Code Section 65858.[1]
[1]
Editor's Note: Proposition 64 was approved by the voters at
the election of November 8, 2016.
[Added 5-18-2021 by Ord.
No. 2333]
This section establishes the process for the preparation, adoption,
and amendment of a Specific Plan. The Specific Plan provides a tool
for the development of more specific land use, infrastructure, and/or
design or development standards for properties requiring special treatment
or consideration. The Specific Plan is a policy and regulatory tool
for implementation of the goals and policies of the 1991 Compton General
Plan.
[Added 5-18-2021 by Ord.
No. 2333]
The provisions of this section shall apply to the preparation,
review, and adoption of all Specific Plans prepared for all real property
within the City of Compton. The standards of this section, and eligibility
for a Specific Plan, shall only apply to projects consisting of a
minimum of two net acres of contiguous property. Any project of less
than two net acres shall not be eligible for a Specific Plan. However,
if a site is already part of an approved Specific Plan, a subsequent
amended Specific Plan for a site less than two acres can be submitted
at the discretion of the Community Development Director or his/her
authorized designee.
[Added 5-18-2021 by Ord.
No. 2333]
The preparation of a Specific Plan, and concurrent Zoning and
General Plan Amendment(s), may be started by an applicant or property
owner. The use of a Specific Plan is appropriate where site-specific
regulation would be beneficial based on site features or unique characteristics
of the property, such as infill and unusually configured sites. Such
properties will benefit by a Specific Plan designation to facilitate
innovative development in the form of buildings, construction, design,
or use combinations otherwise not achievable inconsistent with the
established provisions of this section.
[Added 5-18-2021 by Ord.
No. 2333; amended 11-15-2022 by Ord. No. 2349]
All proposed Specific Plans shall be consistent with the goals
and policies of the Compton General Plan and this section. All proposed
Specific Plans shall submit a concurrent General Plan and Change of
Zone application changing the current General Plan land use designation
and zoning to Specific Plan (SP) to effect the adoption of a Specific
Plan.
The Specific Plan (SP) zone can be applied as either a base
categorical zone or as an Overlay zone.
[Added 5-18-2021 by Ord.
No. 2333]
A Specific Plan shall either supplement or supersede land use regulations in Chapter 30 of this Code, including all previously adopted ordinances, standards, and guidelines. Upon adoption of a Specific Plan and requisite Zoning/General Plan Amendments, the Specific Plan shall replace and take precedence over the Zoning regulations of Chapter 30 of this Code for the subject property. Where the regulations of a Specific Plan are silent, the Zoning Code regulations and all adopted ordinances, regulations, standards, and guidelines of the City shall apply, as deemed appropriate by the Community Development Department Director or his/her authorized designee.
[Added 5-18-2021 by Ord.
No. 2333]
A Specific Plan shall provide regulations and design standards governing the minimum and maximum development parameters of all real property within the identified Specific Plan Zone. A Specific Plan shall include a statement of its relationship and consistency with the General Plan and compliance with Article 8, Chapter 3 of the California Government Code, as may be amended. The City maintains full authority and discretion to determine how a Specific Plan will be prepared. At minimum, a Specific Plan shall address the following:
a.
Purpose. State the relationship to the goals and policies of the
General Plan.
b.
Setting. State the existing and regional setting to establish the
conditions and reasons for the project.
c.
Proposed Land Uses. Establish the distribution, type, definitions
of, and regulations for all proposed land uses.
d.
Development Standards. The Specific Plan shall establish all regulating
policies, such as the following standards:
1.
Building height, setbacks, massing, FAR, site coverage, landscaping
and architecture and landscape design standards.
2.
Lot area, minimum lot size, width, and depth.
3.
Off street parking and loading facilities: any proposed reduction
in any Zoning Code parking requirements shall be subject to the review
and approval of the City Council and shall be shown as adequate to
meet the parking needs of the project through the submittal of a Parking
Study reviewed and approved by the Community Development Department,
Public Works Department and City Council.
4.
Maximum number of dwelling units, if applicable, and the maximum
residential density of the Specific Plan area and designated land
uses consistent with the General Plan.
5.
Site planning design, phasing and development standards, which may
include design themes or similar architectural treatments to control
future construction of buildings on parcels covered by the adopted
plan.
6.
Sign Requirements. If different from the standards of this Chapter,
to be addressed by a sign program incorporated in the Specific Plan.
7.
Buildings over three stories (i.e. 40 feet) shall perform a shadow
study to determine if adjacent land uses will in a shadow caused by
the project. Projects casting a shadow for more than one half hour
on any one property shall mitigate the impact to the satisfaction
of the Community Development Department Director or his/her authorized
designee.
8.
The height of any buildings or architectural feature over three stories
in height (40 feet) shall be stepped back at a 45-degree angle away
from any property line abutting a one or two story single-family detached
residence. A greater angle of up to 60° can be approved by City
Council, if an additional onsite amenity is proposed. Any proposed
development across the street from single-family residences shall
be stepped back at an angle of 60 degrees from the property line.
[Added 5-18-2021 by Ord.
No. 2333]
All residential and mixed-use developments of 15 units or more
shall provide amenities that compliment a required meeting room in
addition to required common open space and private open space. Depending
upon the number of units proposed, additional site amenities shall
be required, selected from the list provided below, unless modified
by the Community Development Department Director or his/her authorized
designee:
b.
Thirty (30) to fifty (50) units, add three (3) additional amenities:
c.
Fifty-one (51) to seventy-five (75) units, add four (4) additional
amenities:
1.
Tot lot with multiple play equipment.
2.
Pool and Jacuzzi/spa.
3.
Barbeque facility equipped with grill, picnic benches, etc.
4.
Court facilities (e.g. tennis, volleyball, basketball, etc.).
5.
Exercise room.
6.
Clubhouse equipped with kitchen, defined areas for games, exercise,
recreation, and entertainment.
7.
Other amenity accepted by the City Council.
d.
Developments of more than seventy-five (75) units shall provide five
(5) additional amenities as well as include multiples dispersed throughout
the project:
1.
Tot lot with multiple play equipment.
2.
Pool and Jacuzzi/spa.
3.
Barbeque facility equipped with grill, picnic benches, etc.
4.
Court facilities (e.g. tennis, volleyball, basketball, etc.).
5.
Exercise equipment room.
6.
Clubhouse equipped with kitchen, defined areas for games, exercise,
recreation, and entertainment.
7.
Jogging/walking trails with exercise stations.
8.
Community garden.
9.
Media/computer room.
10.
Roof top garden, roof top outdoor running track.
11.
Other amenity accepted by the City Council.
[Added 5-18-2021 by Ord.
No. 2333]
The City shall review and approve the location, purpose, landscape
treatment and method of maintaining each common open space or recreational
element proposed.
a.
Common Open Space. In addition to the amenities listed above, common
open space shall include passive landscape, turf, paved areas and
amenities subject to review and approval of the Planning Commission
and City Council. A minimum of 20%, exclusive of roadways, street
parkways, setback areas and private open space, of developments of
three stories or less shall be devoted to open and recreational common
area. Open space requirements for developments of four or more stories
shall be determined by the City Council, but shall not be less than
10% of the site area and shall incorporate 5% of the open space on
the rooftop.
b.
Private Open Space. Each residential unit in a development shall
have an exclusive appurtenant private patio, deck, rear yard, balcony,
atrium or solarium subject to review and approval of the Planning
Commission and City Council, with a minimum usable area of 50 square
feet, with no one dimension being less than six feet, except as follows:
1.
Developments which contain one bedroom and zero bedroom units designed
exclusively for senior citizens may request that the private open
space standard be modified or waived by the Community Development
Department Director or his/her authorized designee.
2.
Residential developments of four or more stories may propose alternative
private open space if ground mounted or roof top open space is not
feasible. However, the Community Development Department and the Planning
Commission and City Council must first approve any proposed alternative
private open space.
[Added 5-18-2021 by Ord.
No. 2333]
Each residential unit within a specific plan development shall
have at least 200 cubic feet of usable, enclosed, weatherproofed and
lockable storage space for the exclusive use of the unit owner. Such
space must be over and above normal interior storage space such as
guest, linen or clothes closets or food pantries. The location dimensions
and usability of such space shall be determined by the Community Development
Department, except that private storage space shall not be divided
between two or more locations. If such space is located within a common
area within the project, the property owner's association shall be
responsible for the care and maintenance of the exterior surface of
the space. Private storage space can be waived by the City Council
at the request of the applicant providing a reasonable alternative
is proposed.
[Added 5-18-2021 by Ord.
No. 2333]
Specific Plan developments that proposed 100 or more residential
units or of 25,000 square feet or more of non-residential use shall
be required to provide at least one object of art onsite in public
place such as a permanent outdoor sculpture, water feature or art
feature on the project site. All proposals for onsite sculpture must
be approved by the Architectural Review Board prior to installation.
Sculpture ownership is bound by covenant to the property in perpetuity
and must be maintained by successive property owners. Alteration or
removal of sculpture must be approved by the City Council. The required
sculpture cost allocation is calculated as 1% of the total project
building valuation based upon the International Code Council ("ICC")
Building Valuation Data table in effect at the time the building permit
for each superstructure is issued.
For residential-only developments, the project's total building
valuation will be based on an estimate of the total of the homes'
market values. The sculpture allocation will be 1% of the market value
as calculated by the City of Compton Building and Safety Department.
[Added 5-18-2021 by Ord.
No. 2333]
The Specific Plan shall describe acreage and approximate boundaries
of the property, contour maps showing topography and areas proposed
for major regrading if applicable, the approximate size, length, width
and location of all existing and proposed streets and their connector
roads all streets, open spaces, private and public property, and land
uses for all affected properties, the distribution, extent, intensity,
and location of major components of public and private circulation/transportation,
drainage, energy, sewers, solid waste disposal, water, and other essential
facilities proposed. Additionally, the locations and exteriors of
all existing and proposed structures, structure colors and materials,
open space locations and sizes, open space amenities, landscaping
materials, parking spaces and signs.
[Added 5-18-2021 by Ord.
No. 2333]
Provide a program of implementation measures including regulations,
programs, public works projects, and financing measures necessary
to carry out the improvements.
a.
Maintenance. Provisions ensuring the continued maintenance of private
grounds, street, amenities and all common areas.
b.
Phasing. If a developer-initiated Specific Plan, proposes development
phasing, a full description and map of the proposed phasing as well
as the anticipated schedule, including start date and completion of
each construction phase.
c.
Implementation Actions. If applicable, provide a list of implementation
measures with responsible parties and times.
[Added 5-18-2021 by Ord.
No. 2333]
Identify the proposed distribution, extent, intensity, and location
of major components of public and private circulation/transportation,
drainage, energy, sewers, solid waste disposal, water, and other essential
facilities proposed.
a.
Include physical and financing mechanisms for the construction, improvement,
or extension of transportation facilities, public utilities, and all
other public facilities/services required to serve the Specific Plan
area.
b.
All public rights-of-way within or abutting the development shall
remain within applicable City specifications.
c.
Include layout and design of private streets and alleys; such private
facilities shall be privately owned and maintained without public
cost and maintenance responsibility for their intended purpose.
d.
Consideration of other forms of access, such as pedestrian ways,
paseos, courts, plazas, driveways, horse trails, bike trails, or open
public parking areas shall be made a part of the Specific Plan at
the time of Specific Plan consideration by the City.
e.
Include a utility plan for undergrounding all utilities required
to serve the specific plan, unless exempted by the City council. Exemption
of from the requirement to underground utilities shall require the
provision of an additional onsite amenity and or additional public
art or equal value to the cost of the undergrounding of utilities.
[Added 5-18-2021 by Ord.
No. 2333]
A Specific Plan, which qualifies as a project under California
Environmental Quality Act ("CEQA"), shall be subject to environmental
review in accordance with CEQA.
[Added 5-18-2021 by Ord.
No. 2333]
The process to adopt a Specific Plan shall be the same process required to submit for the review of a Change of Zone. In conjunction with the Specific Plan/Change of Zone application, the applicant shall also concurrently submit a General Plan Amendment application as described in Section 30-28 of this Chapter.
The Specific Plan review process shall apply to the processing
of all proposed Specific Plans within the City. The City shall establish
the application requirements, which may include a pre-application
consultation; review of maps, including constraint and schematic maps;
and preliminary development proposal and schedule review.
[Added 5-18-2021 by Ord.
No. 2333]
The Specific Plan review/approval process is considered a discretionary General Plan Amendment and Change of Zone action. Public hearings shall be held consistent with these discretionary permit processes consistent with Section 30-28 of this Chapter.
[Added 5-18-2021 by Ord.
No. 2333]
The Specific Plan shall be adopted by ordinance or resolution
of the City Council, in compliance with state law (Section 65453 of
the California Government Code). The City Council's action to adopt
a Specific Plan shall be accompanied by the following findings that
the Specific Plan is in conformance with the goals, policies, and
objectives of the General Plan and other adopted goals and policies
of the City.
Specific Plans and any amendment thereto shall be approved/adopted
only when the City Council makes the following findings in the affirmative:
a.
The proposed Specific Plan (amendment) is consistent with the General
Plan goals, policies, and implementation programs.
b.
The land use and development regulations within the Specific Plan
provide enhancements to the use and design of the subject site that
would otherwise not be available. The land use and development regulations
within the Specific Plan (amendment) provide enhancements to the use
and design that would otherwise not be available through categorical
Zoning.
c.
The administration and permit processes within the Specific Plan
(amendment) are consistent with the administration and permit processes
of the Zoning Ordinance.
d.
The Specific Plan (amendment) will not be detrimental to the health,
safety, comfort, convenience, and general welfare of the neighborhood
or result in a downgrade for the community.
e.
The Specific Plan (amendment) will not adversely affect such necessary
community services as traffic, circulation, sewage disposal, fire
protection, and water supply.
[Added 5-18-2021 by Ord.
No. 2333]
Upon Specific Plan approval, the General Plan Land Use Map and
Zoning Map shall be updated by the City to reflect the adoption of
a Specific Plan.
[Added 5-18-2021 by Ord.
No. 2333]
The Specific Plan fee shall be the same as the fee for a Change
of Zone application or may be changed by resolution of the City Council.
[Added 5-18-2021 by Ord.
No. 2333]
A Specific Plan may be amended in the same manner as a Change of Zone, subject to the process established by Section 30-28 or if the Community Development Director determines that the proposed amendment to the Specific Plan is minor, may administratively approve an amendment to the Specific Plan. A minor amendment cannot approve any increase in density, building height or reduction in open space, parking, public art or onsite amenities. A minor amendment shall be processed as an administrative review.
An amendment may be initiated by the City Council or by the
applicant, provided the applicant has at the time of application submittal
demonstrated a controlling interest in the development or management
of uses within the Specific Plan area.
