City of Los Alamitos, CA Division IV Regulations for Specific Land uses and Activities

Chapter 17.28 REGULATIONS FOR SPECIFIC LAND USES AND ACTIVITIES

§ 17.28.010 Purpose and Applicability.

This chapter establishes standards for the location, site planning, development, and operations of certain land uses that are allowed within individual or multiple zones, as outlined in Division 2 (Zoning District, Allowable Uses, and Development Regulations), and for activities that require special standards to mitigate their potential adverse impacts.

(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

§ 17.28.020 Accessory Dwelling Units and Junior Accessory Dwelling Units.

A. Purpose. The purpose of this section is to provide for and regulate the creation of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in a manner consistent with California Government Code Sections 65852.2 and 65852.22.

B. 

Definitions. The following terms used in this section shall have the meanings indicated below:

"Accessory dwelling unit," "accessory structure," "efficiency unit," "living area," "nonconforming zoning condition," "passageway," "proposed dwelling," "public transit," and "tandem parking"

all have the same meaning as that stated in Government Code Section 65852.2 as that section may be amended time to time. The terms "accessory dwelling unit" and "ADU" shall have the same meaning

"Attached ADU"

means an ADU, other than a converted ADU, that is physically attached to a primary dwelling.

"Converted ADU"

means an ADU that is constructed within all or a portion of the permitted existing interior space of an accessory structure or within a portion of the permitted existing interior space of a dwelling structure, including bedrooms, attached garages, storage areas, or similar uses. A converted ADU also includes an ADU that is constructed in the same location and to the same dimensions as a permitted existing structure or portion of a permitted existing structure.

"Detached ADU"

means an ADU, other than a converted ADU, that is physically separated from, but located on the same lot as, a primary dwelling.

"Director"

means the Development Services Director or their designee.

"Junior accessory dwelling unit"

has the same meaning as that stated in Government Code Section 65852.22(h)(1) as that section may be amended time to time. The terms "junior accessory dwelling unit" and "JADU" shall have the same meaning.

"State exempt ADUs"

means the four categories of ADUs or JADUs that are created pursuant to Government Code § 66323 including:

(1) one converted ADU and one JADU per single-family lot as described in Government Code § 66323(a)(1); (2) one detached ADU per single-family lot as described in Government Code § 66323(a)(2); (3) one or more converted ADUs on multifamily lots as described in Government Code § 66323(a)(3); and (4) one or more detached ADUs on multifamily lots as described in Government Code § 66323(a)(4).

State exempt ADUs shall be approved ministerially and are not subject to certain development standards as required by state law and as specified in subsection (H)(6) below.

C. Conforming ADUs. An ADU that conforms to this section shall:

1. Be deemed an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located;

2. Be deemed a residential use that is consistent with the existing General Plan and zoning designation for the lot upon which it is located; and

3. Not be considered in the application of any local ordinance, policy, or program to limit residential growth.

D. Locations Permitted.

1. Permitted ADU Locations. ADUs conforming to the provisions of this section may be located on any lot in the City zoned to allow single-family or multifamily residential uses and that includes a proposed or existing legally developed single- family or multifamily dwelling.

2. Permitted JADU Locations. JADUs conforming to the provisions of this Section may be located within a proposed or existing legally developed single-family dwelling on any lot in the City that is zoned to allow single-family residential uses.

E. ADU Requirements.

1. Legal Lot/Residence. An ADU shall only be allowed on a lot that contains a proposed or legally developed existing single-family or multifamily residence.

2. An ADU shall be either:

a. Attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure; or

b. Detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.

3. Number of Units Per Lot.

a. For lots with a proposed or existing single-family dwelling:

i. One attached or converted ADU, and one JADU shall be permitted on the lot; and

ii. One detached, new construction ADU, that does not exceed four-foot side and rear setbacks.

b. For lots with an existing multifamily dwelling:

i. At least one ADU, and up to 25 percent of the number of the existing units may be constructed within portions of the existing multifamily dwelling structure that are not used as livable space (e.g., storage rooms, boiler rooms, passageways, attics, basements, or garages) provided all applicable building code standards are met; and

ii. Not more than eight detached ADUs shall be permitted on the lot provided the number of detached ADUs shall not exceed the number of existing units on the lot.

c. For lots with a proposed multifamily dwelling:

i. Not more than two detached ADUs shall be permitted.

4. Unit Size and Height.

a. Maximum Size.

i. Attached ADUs. The total floor area of an attached ADU shall not exceed (A) 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms; or (B) 50 percent of the existing floor area of the primary dwelling, whichever is less. However, in no case shall this limitation be imposed to require an ADU with a total floor area of less than 800 square feet.

ii. Detached ADUs. The total floor area of a detached ADU shall not exceed 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.

iii. Converted ADUs. The maximum size limitations set forth in this subsection do not apply to converted ADUs that do not increase the existing floor area of a structure. In addition, a converted ADU created within 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 to extent necessary to accommodate ingress and egress.

b. Minimum Size. The total floor area of an attached or detached ADU shall be at least 150 square feet.

c. Height.

i. Except as provided below, the height of a detached ADU on a lot with an existing or proposed single-family or multifamily dwelling unit shall not exceed 16 feet.

ii. The height of a detached ADU located on a lot with an existing or proposed single-family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, shall not exceed 18 feet. However, an additional two feet of height, for a maximum of 20 feet, is allowed when necessary to align the roof pitch on the ADU to the roof pitch of the primary dwelling.

iii. The height of a detached ADU on a lot with an existing or proposed multifamily, multistory dwelling shall not exceed 18 feet.

iv. The height of an attached ADU shall not exceed the height limitation of the zoning district applicable to the primary dwelling or 25 feet, whichever is lower. In no event shall any such ADU exceed two stories.

5. Applicability of Development Standards. Except as otherwise provided in this section, all ADUs must conform to the development standards set forth in this Title 17 for the zoning district in which they are located. Notwithstanding the foregoing, when the application of a development standard related to floor area ratio, lot coverage, open-space, front setbacks, or minimum lot size would prohibit the construction of an attached or detached ADU of at least 800 square feet with four-foot side and rear yard setbacks, such standard(s) shall be waived to the extent necessary to allow construction of such an ADU.

6. Setbacks and Spacing.

a. Front Yard Setbacks. New attached and detached ADUs are subject to the same minimum front yard setback requirements applicable to other structures on the lot on which the ADU is located.

b. Side and Rear Yard Setbacks. Minimum setbacks of no less than four feet from the side and rear lot lines are required for new attached and detached ADUs.

c. Converted ADUs. No setbacks are required for converted ADUs, provided the side and rear yard setbacks of the existing converted structure are sufficient for fire and safety, as determined by the City's building official.

7. Off-street Parking.

a. One off-street parking space must be provided for an attached or detached ADU. The required parking space may be permitted in setback areas, or through tandem parking on a driveway, unless specific findings are made by the Director that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety concerns.

b. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

c. Off-street parking is not required in the following instances:

i. The ADU is located within one-half mile walking distance of public transit, including transit stations and bus stations;

ii. The ADU is located within an architecturally and historically significant historic district;

iii. The ADU is part of the proposed or existing primary residence or accessory structure (i.e., a converted ADU);

iv. When on-street parking permits are required but not offered to the occupant of the ADU;

v. When there is a car share vehicle station located within one block of the ADU; and/or

vi. When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multi-family dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in this section.

8. Exterior Access. An attached or converted ADU must have independent exterior access from the proposed or existing primary dwelling.

9. Passageway. No passageway shall be required in conjunction with the construction of an ADU.

F. JADU Requirements.

1. Footprint. A JADU may only be constructed within the walls of a proposed or existing single-family residence, including an attached garage.

2. Size. A JADU shall not be less than 220 square feet and shall not exceed 500 square feet in size.

3. Separate Entrance. A JADU located within a proposed or existing single-family residence must include a separate entrance from the main entrance of the residence.

4. Kitchen Requirements. A JADU must include an efficiency kitchen, including a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

5. Bathroom Facilities. A JADU may include separate sanitation facilities or may share sanitation facilities with the proposed or existing single-family residence in which it is located. If a JADU does not include separate sanitation facilities, the JADU must include an interior entrance to the primary dwelling's main living area.

6. Parking. No additional off-street parking is required for a JADU beyond that required at the time the existing primary dwelling was constructed.

7. Fire Protection. For purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate new dwelling unit.

8. Utility Service. For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit.

9. Deed Restriction. Prior to the issuance of a building permit for a JADU, the owner shall record a deed restriction against the title of the property in the County Recorder's office with a copy filed with the Director. The deed restriction shall run with the land and shall bind all future owners, heirs, successors, or assigns. The form of the deed restriction shall be provided by the City and shall provide that:

a. The property shall include no more than one JADU.

b. The JADU may not be sold, mortgaged, transferred separately from the primary residence; this deed restriction may be enforced against future purchasers.

c. The owner of the property shall occupy either the primary residence or the JADU as his or her domicile. In the event owner occupancy of the property ceases, the JADU shall not be used as a separate dwelling unit, and shall not be separately rented or leased for any purpose.

d. A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.

The deed restriction may not be modified or terminated without the prior written consent of the Director.

G. Other Requirements.

1. No Separate Conveyance. Except as otherwise provided in Government Code Section 66341 or by other applicable law, an ADU or JADU may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence, and a lot shall not be subdivided in any manner which would authorize such separate sale or ownership.

2. No Short-Term Rental Permitted. An ADU that is rented shall be rented for a term that is longer than 30 days. Short-term rental (i.e., 30 days or less) of an ADU is prohibited.

3. Owner Occupancy Requirements.

a. ADUs. Owner occupancy of either the primary dwelling or ADU is not required.

b. JADUs. The property owner of the lot upon which a JADU is located must occupy either the JADU or the primary residence as his or her domicile.

H. Permit Application and Review Procedures.

1. Building Permit Required. A building permit is required prior to construction of an ADU or JADU. Except as otherwise provided in this section or by State law, all building, fire, and related code requirements applicable to habitable dwellings apply to ADUs and JADUs. However, fire sprinklers shall not be required if they are not required for the primary dwelling.

2. Application. Prior to the issuance of a building permit for an ADU or JADU, the applicant shall submit an application on a form prepared by the City, along with all information and materials proscribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees.

3. Review. The Director shall consider and approve or deny a complete application for an ADU or JADU ministerially without discretionary review or public hearing within the time prescribed by law. Review is limited to whether the proposed ADU or JADU complies with the requirements of this section. If an applicant requests a delay, the time period for the City to review of an application shall be tolled for the period of the requested delay. If the application to create an ADU or a JADU unit is submitted with an application to create a new single-family dwelling on the lot, the Director may delay acting on the application for the ADU or the JADU until the City acts on the application to create the new single-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

4. Zoning Conformity. The City shall not require, as a condition of approval of a permit application for the creation of an ADU or JADU, the correction of nonconforming zoning conditions.

5. Demolition Permits. A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the application for the ADU and issued at the same time.

6. State Exempt ADUs and Conformity with State Law. The City shall not apply any requirement or development standard provided for in this section to an ADU or a JADU to the extent prohibited by any provision of State law, including, but not limited to Government Code Section 66323. State exempt ADUs shall be approved ministerially and are not subject to the standards set forth in Government Code §§ 66314 through 66322. For example, and without limitation, state exempt ADUs do not have to comply with subsection (E)(4)(a)(ii) size limits for new construction multifamily detached ADUs, subsection (E)(6)(a) front setback requirements, subsection (E)(6)(b) side and rear setback requirements for single-family converted ADUs and JADUs, or Subsection (E)(7) off-street parking requirements.

I. Utilities.

1. ADUs. Unless otherwise mandated by applicable law or the utility provider or determined by the City's Public Works Director to be necessary, an ADU may be served by the same water, sewer, and other utility connections serving the primary dwelling on the property, and the installation of a new or separate utility connection directly between an ADU and a utility is not required. However, separate utility connections and meters for ADUs may be installed at the property owner's option, when permitted by the utility provider, and subject to the payment of all applicable fees.

2. JADUs. A JADU shall be served by the same water, sewer, and other utility connections serving the primary single-family dwelling in which it is located, and no separate utility meters shall be permitted for a JADU.

J. Fees.

1. No impact fee is required for an ADU measuring less than 750 square feet. Any impact fees charged for an ADU of 750 square feet of more shall be charged proportionately in relation to the square footage of the primary dwelling.

2. Construction of an ADU is subject to any applicable fee adopted under the California Government Code, Title 7, Division 1, Chapter 5 (commencing with § 66000) and Chapter 7 (commencing with § 66012).

3. For purposes of this subsection, "impact fee" does not include any planning application fee, plan check fee, or building permit fee.

(Ord. 17-08 § 4, 2017; Ord. 18-07 § 3, 2018; Ord. 19-03 § 3, 2019; Ord. 20-04 § 4, 2020; Ord. 23-02 § 3, 2023; Ord. 2025-13, 11/15/2025)

§ 17.28.030 Accessory Structures/Uses—Residential.

A. Purpose. This section provides standards for accessory uses and structures that are customarily related to a residence (e.g., garages, greenhouses, storage sheds, studios, above-ground swimming pools/spas, and workshops). Standards for in-ground swimming pools are provided in Section 17.16.140 (Swimming Pools and Spas).

B. General Requirements.

1. Accessory structures may be erected or constructed concurrent with, or subsequent to, the construction of the main residential structure.

2. Consistent with the definitions of "accessory structure" and "accessory use" in Division 7 (Definitions), accessory uses and structures in the residential zone shall be incidental to and not alter the residential character of the site.

C. Standards.

1. Use. Accessory structures, other than permitted accessory dwelling units and legally approved guest houses, shall not be used for residential purposes, even on a temporary basis.

2. Coverage. The sum of the floor area(s) of the total number of detached accessory structures shall not exceed the maximum rear setback coverage of the lot in compliance with Table 2-03 (Development Standards in Residential Zones). Accessory structures shall be included in the calculation for the coverage of the entire site in compliance with Table 2-03.

3. Size Limit. An accessory structure shall not exceed 640 square feet unless a site plan is approved in compliance with Chapter 17.44 (Site Development Permit—Major and Minor).

4. Height Limit. Detached accessory structures shall not exceed a height of 15 feet, except detached tool sheds located within a required side setback shall not exceed a height of seven feet from grade.

5. Improvements.

a. Accessory structures may include no more than one half-bath (i.e., sink and toilet) and shall not include any shower, bathtub, or cooking facilities.

b. Each accessory structure shall be no more than one room, not including a half-bath or an attached garage.

6. Separation Requirements. Detached accessory structures on a single lot shall be separated from the main structure and other structures by at least five feet, or more, as required, except as allowed by the Uniform Building Code (UBC).

7. Location Requirements.

a. Setback Areas. Accessory structures in residential zones may be located in the required side or rear setback areas, provided that the structure(s) are a minimum of five feet from any common property line to the eave line and further provided that all run-off water from the roof is disposed of on the subject lot.

b. Garage Access from Alley. Where access to a garage is provided from an alley, the garage shall be located a minimum of 10 feet from the rear property line.

(Ord. 688 § 1, 2006; Ord. 14-03 § 7, 2014; Ord. 19-03 § 3, 2019)

§ 17.28.035 Accessory Structures/Uses—Nonresidential Zones.

A. Purpose. This section provides standards for accessory structures that are customarily related to commercial, industrial, and institutional uses of property.

B. General Requirement.

1. Accessory structures may be erected or constructed concurrent with, or subsequent to, the construction of the main structure or structures.

2. No more than three accessory structures shall be located on a lot.

C. Standards.

1. Use. Accessory structures, other than approved caretaker units, shall not be used for residential purposes, even on a temporary basis.

2. Size Limit. An accessory structure shall not exceed 640 square feet unless a site plan is approved in compliance with Chapter 17.44 (Site Development Permit—Major and Minor).

3. Height Limit. Detached accessory structures shall not exceed a height of 15 feet.

4. Separation Requirements. Detached accessory structures shall be separated from the main structure and other structures by at least five feet, or more, as required, except as allowed by the Uniform Building Code (UBC).

5. Location Requirements. Accessory structures may be located in the required side or rear setback areas, provided that the structure(s) are a minimum of five feet from any common property line to the eave line and further provided that all run-off water from the roof is disposed of on the subject lot.

(Ord. 19-03 § 3, 2019)

§ 17.28.040 Adult Businesses.

A. Purpose and Findings.

1. It is the purpose and intent of this section to provide for the reasonable and uniform regulation of adult-oriented businesses in the City. It is recognized that adult-oriented businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located. It is the purpose of this section to establish criteria and standards for the establishment and conduct of adult-oriented businesses that will protect the public health, safety, and welfare; preserve locally recognized values of community appearance; minimize the potential for nuisances related to the operation of adult-oriented businesses; and maintain local property values.

2. It is the purpose and intent of this section to establish proper regulations and to provide for a reasonable number of approximately located sites for adult-oriented businesses within the City, based upon the following findings:

a. The following studies that substantiate the adverse, secondary effects of adult-oriented businesses were reviewed by the City:

•	Austin, Texas: 1986;
•	Indianapolis, Indiana: 1984;
•	Los Angeles, California: 1977;
•	Phoenix, Arizona: 1979;
•	St. Paul, Minnesota: 1989;
•	Garden Grove, California: 1991; and
•	Upland, California: 1992.

b. Based on the foregoing studies and the other evidence presented, the Council finds that:

i. Adult-oriented businesses are linked to increases in the crime rates of those areas in which they are located and that surround them.

ii. Both the proximity of adult-oriented businesses to sensitive land uses and the concentration of adult-oriented businesses tend to result in the blighting and downgrading of the areas in which they are located.

3. The studies conducted in various communities in other jurisdictions have demonstrated that the proximity and concentration of adult-oriented businesses adjacent to residential, recreational, religious, educational, or other adult-oriented businesses can cause other businesses and residents to move elsewhere.

4. The studies conducted in various communities in other jurisdictions have demonstrated that adult-oriented businesses are linked to increases in the crime rates and blighting of those areas in which they are located and that surround them.

5. The special regulation of adult-oriented businesses is necessary to ensure that their adverse secondary effects will not contribute to an increase in the crime rates or the blighting or downgrading of the areas in which they are located or surrounding areas. The need for the special regulation is based on the recognition that adult-oriented businesses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity with sensitive uses (e.g., residential zones and uses, parks, schools, religious institutions or day care centers), having a deleterious effect upon the adjacent areas.

6. It is the purpose and intent of these special regulations to prevent the concentration or location of adult-oriented businesses in a manner that would create adverse secondary effects. Thus, in order to protect and preserve the public health, safety, and welfare of the citizenry, especially including minors, the special regulation of the time, place, and manner of the location and operation of adult-oriented businesses is necessary.

7. The protection and preservation of the public health, safety and welfare require that certain distances be maintained between adult-oriented businesses and residential uses and zones, religious institutions, schools, day care centers, parks, and other adult-oriented businesses.

8. The need to regulate the proximity of adult-oriented businesses to sensitive land uses (e.g., residential, religious, educational, recreational, and other adult-oriented businesses) is documented in studies conducted by other jurisdictions as listed elsewhere in this section.

9. The report of the State of Minnesota Attorney General's Working Group on the regulation of sexually oriented businesses dated June 6, 1986, indicates that:

a. Community impacts of sexually oriented businesses are primarily a function of two variables, proximity to residential areas and concentration. Property values are directly affected within a small radius, typically one block, of the location of a sexually oriented business. Concentration may compound depression of property values and may lead to an increase of crime sufficient to change the quality of life and perceived desirability of property in a neighborhood.

b. The impacts of sexually oriented businesses are exacerbated when they are located near each other. When sexually oriented businesses have multiple uses (i.e., theater, bookstore, nude dancing, peep booths), one structure can have the impact of several separate businesses.

10. In consideration of the findings of the report of the State of Minnesota Attorney General's Working Group on the regulation of sexually oriented businesses dated June 6, 1986, it is appropriate to prohibit the concentration of multiple adult-oriented businesses within one structure in order to mitigate the compounded adverse secondary effects associated with the concentrations as described above.

11. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials, that are protected by the First Amendment of the United States Constitution and the relevant provisions of the California State Constitution.

12. The proposed parking standards are necessary in the interests of the public health, safety, and welfare to provide for an appropriate amount of off-street parking.

B. Definitions. Terms unique to this section are listed in Chapter 17.74 (Definitions).

C. Appeal. Wherever there is a reference to an appeal being filed or available to be filed, the right of appeal shall also include the right to appeal administrative determinations made by the Director in compliance with this section to the Planning Commission and Council.

D. Adult use planning permit.

1. License and Permit Requirements. In order to operate an adult-oriented business within this City, the applicant or proprietor of the business shall obtain the license required by Chapter 5.40 (Adult-Oriented Business Licenses) and other licenses required by Title 5 (Business Licenses and Regulations) of the Municipal Code and an adult use planning permit as required by this section. It is unlawful and a misdemeanor, subject to punishment in compliance with the Municipal Code, for an owner, operator, manager, or employee to operate an adult-oriented business without processing an adult use planning permit—including an interim adult use planning permit— required by this section and a license required by Title 5 (Business Licenses and Regulations) of the Municipal Code.

2. Contents of Application. Applicants for a permit, in addition to an application or documents required to be filed in compliance with the provisions of this Zoning Code, shall file a written, signed, and verified application on a form provided by the Director evidencing the following:

a. The name and permanent address of the applicant;

b. The name and business address of the applicant. If the applicant is a corporation, the applicant shall provide the name of the State of incorporation, the name shall be exactly identified in its articles of incorporation and the applicant shall show the name and address each of the officers, directors, and controlling stockholders owning no less than 10 percent of the stock of the corporation. If the applicant is a partnership, the application shall show the name and address of each of the partners, including limited partners;

c. Location and address of the proposed adult-oriented business;

d. Legal description of the subject property;

e. A detailed description of the manner of providing proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment;

f. Proposed hours of operation;

g. A floor plan showing where the specific entertainment uses are proposed to be conducted within the structure;

h. A site plan as specified in Chapter 17.44 Site Development Permit—Major and Minor;

i. The name or names of the person or persons having responsibility for the management or supervision of the applicant's business and of the entertainment;

j. Statement of the nature and character of the applicant's business if any, to be carried on in conjunction with this entertainment.

3. Nondisclosure of Portions of Application. Notwithstanding the fact that an application filed for an adult use planning permit may be a public record under Government Code Section 6250 et seq., certain portions of the application contain information vital to the effective administration and enforcement of the licensing and/or permit scheme established which is personal, private, confidential, or the disclosure of which could expose the applicant to a risk of harm. Information includes, but is not limited to, the applicant's residence address and telephone number, the applicant's date of birth and/or age, the applicant's driver's license and/or Social Security number, and/or personal financial data. The Council, in adopting the application and licensing and/or permit system detailed, has determined in compliance with Government Code Section 6255 that the public interest in disclosure of the information detailed above is outweighed by the public interest in achieving compliance with this section by ensuring that the applicant's privacy, confidentiality, or security interests are protected. The City Clerk shall cause to be obliterated from a copy of a completed license application made available to any member of the public, the information detailed in this subsection.

E. Referral of Application for Investigation.

1. Referral of Application. The Director shall refer the permit application to the Chief of Police for an investigation to be made of the information contained on the application.

2. Police Investigation. After an investigation, including obtaining the information in compliance with Section 2.64.130 et seq. (Criminal History Information) of the Municipal Code, the Chief of Police shall issue a report to the Director. The Planning Commission, or Council as appropriate, shall approve the adult use planning permit unless one or more of the following findings is true:

a. The applicant, employee, agent, partner, director, officer, controlling stockholder, or manager has knowingly made false, misleading or fraudulent statement of material fact in the application for a permit or in a report or record required to be filed with a City or County agency or department.

b. On the date that the business for which a permit is required commences, or after that time, there will be no responsible person on the premises to act as manager at all times during which the adult-oriented business is open.

c. An applicant is under 18 years of age.

d. An applicant has been convicted of a specific criminal act for which:

i. Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering;

ii. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; distribution, display or sale of material harmful to minors; prostitution; or pandering;

iii. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanors for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business, including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering; conviction of an offense occurring within 24 months before application;

iv. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant;

v. An applicant who has been convicted of any of the above described specified criminal acts may qualify to own, operate or manage an adult-oriented business only when the required time period has elapsed.

3. Issuance, Suspension, and Revocation of Permit. In the event the information requested in compliance with Section 2.64.130 of the Municipal Code is not immediately available, the Chief of Police shall, if the application otherwise meets the requirements of this Zoning Code and the investigation conducted reveals none of the factors detailed in subsection B of this section, report on it and the permit shall be issued by the director. Should the information obtained in compliance with Section 2.64.130 et seq. (Criminal History Information) of the Municipal Code materially vary from that on the application, the variance shall be cause to revoke the permit. A permit issued before the City receives the information required by Section 2.64.130 et seq., of the Municipal Code shall state clearly on its face that the permit is subject to suspension or revocation in compliance with Sections 5.40.024 (Suspension and Revocation Hearings) and 5.40.026 (Revocation) of the Municipal Code.

4. Compliance with State Law. The City's decision to approve or deny the permit shall not include information authorized or required to be kept confidential in compliance with Welfare and Institutions Code Sections 600 to 900.

F. Reservation of Right to Review. The Council and Planning Commission shall retain and reserve the right and jurisdiction to review and modify an adult use planning permit, including the conditions of approval, based on changed circumstances in compliance with Chapter 17.60 (Appeals). Changed circumstances include, but are not limited to, the modification of the business, the change in scope, emphasis, size or nature of the business, and the expansion, alteration, of change of use. The reservation of the right to review a permit granted or approval by the Council and Planning Commission shall be in addition to, and not in lieu of, the right of the Council and Planning Commission to review and revoke or modify a permit granted or approved for any violations of the conditions imposed on the permit.

G. Time Limit for Land Use Review and Decisions.

1. Interim Adult Use Planning Permit. The Director shall accept as complete, or deny as incomplete, the application for an adult use planning permit for a business protected by the First Amendment of the United States Constitution within 10 days from the date on which an application is submitted to the director. In order to avoid undue delay or suppression of protected expression, the Director shall make an initial determination that the required information is contained in the application to process an interim adult use planning permit within five days of the date of filing the application. If the application is sufficient to issue an interim adult use planning permit it shall be issued by the Director within 10 days of the date the application was filed.

A sufficient application shall include, but not be limited to, the applicant's meeting the requirements to be issued an adult-oriented business license required by Chapter 5.40 (Adult-Oriented Business Licenses) of the Municipal Code and the proposed business shall be located and developed in compliance with the requirements of the P-L-I (Planned Light Industrial) Zoning District and the requirements of this section. The granting of the interim adult use planning permit by the Director is without prejudice to and does not preclude the denial of the final adult use planning permit application filed by the applicant.

The interim adult use planning permit shall terminate upon the Planning Commission taking action on the final adult use planning permit. Rights to operate beyond the termination of the interim adult use planning permit for a First Amendment protected business shall not vest in the applicant if the applicant is unable or unwilling to obtain the adult-oriented business license required by Chapter 5.40 (Adult-Oriented Business Licenses) of the Municipal Code and the final adult use planning permit required by this section.

2. Final Adult Use Planning Permit. The Planning Commission shall approve or deny the completed adult use planning permit application within 90 days of its acceptance as complete by the Director. The time limit established by this section may be extended once for a period not to exceed 90 days upon consent of the Director and the applicant. The application shall be processed and noticed in the same manner as Conditional Use Permits are processed and noticed under State law and Chapter 17.66 (Public Hearing Notice Procedures) of this Zoning Code.

a. To approve the final adult use planning permit, the Planning Commission, or Council on appeal, shall first make the following findings:

i. Applicable filing fees have been paid.

ii. The applicant is not overdue in payment to the City of any taxes, fees, fines, or penalties assessed against or imposed in relation to an existing or former adult-oriented business.

iii. The structure, equipment, and location used by the business for which an adult-oriented business license is required complies with the requirements and standards of the health, building, zoning, fire and safety laws of the State, the Orange County Fire Department, and the City.

iv. The conduct of the adult-oriented business as proposed by the applicant, if allowed, will comply with all applicable laws; including, but not limited to, the City's, zoning, fire, and health and safety regulations.

v. The City currently has no evidence demonstrating that the applicant has knowingly made false, misleading, or fraudulent statement of material facts in the adult use planning permit application or another document required by the City in conjunction with it.

vi. The use is allowed in the zone, district or area in which it is proposed to be located and is in conformity with the applicable development standards of that zone, district or area—including the provision of required parking.

vii. The use is in conformity with the locational standards detailed in Chapter 17.10 (Commercial and Industrial Zones) and in Chapter 17.24 (Performance Standards).

viii. The design of the site and the proposed improvements are in compliance with applicable design standards in Chapter 17.10 (Commercial and Industrial Zones) and in Chapter 17.24 (Performance Standards).

ix. The proposed conduct of the adult-oriented business is in compliance with applicable performance standards of Chapter 17.24 (Performance Standards).

b. In the event the Planning Commission, or the Council on appeal, denies the final adult use planning permit application, the business shall cease its operations as an adult-oriented business and no further activities regulated by this section or Chapter 5.40 (Adult-Oriented Business Licenses), Chapter 5.42 (Adult-Oriented Live Entertainer Licenses), or Chapter 5.44 (Figure Model Licenses) of the Municipal Code shall be conducted on the premises unless and until an adult use planning permit and all licenses required by Chapter 5.40 (Adult-Oriented Business Licenses), Chapter 5.42 (Adult-Oriented Live Entertainer Licenses), or Chapter 5.44 (Figure Model Licenses), of the Municipal Code are obtained. The interim adult use planning permit shall also terminate on the date the adult use planning permit application is denied.

c. If the permit requested is for a development project for construction or reconstruction subject to the Permit Streamlining Act (Government Code Section 65920 et seq.), the time limits provided in the Permit Streamlining Act shall apply to the adult use planning permit's approval or denial.

d. Upon the filing of an appeal in compliance with Chapter 17.68 (Appeals), the Planning Commission or the Council shall render its decision on the appeal within 60 days.

H. Applicability and Nonconforming Period. Design and performance standards detailed in this section are deemed to be necessary for the protection of the public health, safety, and welfare and shall be applicable and govern existing and proposed adult-oriented businesses immediately upon adoption and passage of the ordinance codified in this section. In the event that there is any adult-oriented business lawfully in existence before the adoption of said ordinance and is not in compliance with the design and performance standards of this section, the adult-oriented business shall conform to design and performance standards within six months of October 27, 2003.

I. Extension of Nonconforming Amortization Period.

1. Application for Extension of Amortization Period. An application for extension of the amortization period for an adult-oriented business which is a nonconforming use shall be made in a manner as required for a Conditional Use Permit.

2. Application Process. The owner of the property on which an adult-oriented business is located or the owner of the adult-oriented business who desires to extend the amortization period shall apply for approval of an extension not later than six months before expiration of the amortization period, unless the Director determines that good cause is shown for late filing of the application. The application shall be made in writing on a form as prescribed by the Director and shall be accompanied by the required fee as established by resolution of the Council. The party requesting the extension of the amortization period shall bear the burden of proof in establishing that the amortization period established by Section 17.66.020 (Applicability) is unreasonable and that the requested extension is a reasonable amortization period for the owner to receive a fair rate of return on the investment in the business. The party applying for the extension shall also be required in order to meet its burden of proof to submit the documentation detailed in this section.

3. Application Contents. A complete application shall include:

a. The applicant's signature.

b. A written request for an extension of the amortization period that shall include information relevant to the factors listed in subsection E (Considerations for an Extension) of this section and shall identify the term of the requested extension.

c. The required fees.

d. A mailing list and a set of gummed labels with the names, addresses and tax assessor parcel numbers of owners of real property within a radius of 300 feet from the external boundaries of the property on which the adult-oriented business is located.

e. A tax assessor's parcel map identifying the properties to be notified within the 300-foot radius.

4. Incomplete Application. If the application is not complete, the Director shall specify in writing those parts that are incomplete and shall identify the manner by which the application can be made complete. If a written determination is not provided to the applicant within 30 calendar days after it is submitted, the application shall be deemed complete.

5. Public Hearing. The Planning Commission shall hold a noticed public hearing on the request for an extension.

6. Considerations for an Extension. In determining whether to grant an extension of the amortization period for an adult-oriented business which is a nonconforming use, and in determining the appropriate length of the an extension, the Planning Commission shall consider the amount of investment in the business, and the opportunities for relocation to a legally permissible site, the costs of relocation, the effects of the business on the surrounding area, and the following additional factors:

a. The present actual and depreciated value of business improvements;

b. The applicable Internal Revenue Service depreciation schedule or functional nonconfidential equivalents;

c. The remaining useful life of the business improvements;

d. The remaining lease term;

e. The ability of the business and/or landowner to change the use to a conforming use;

f. The date upon which the property owner and/or business operator received notice of the nonconforming status of the adult-oriented business and the amortization requirements.

7. Findings. The Planning Commission, or Council on appeal, shall receive and consider evidence presented by the applicant and any other persons, and shall make findings that the amortization period it establishes is reasonable in view of the evidence and the criteria detailed above.

J. Continuation of Nonconforming Structures and Uses.

1. Nonconforming Structure. A nonconforming structure may be continued and maintained, except as provided in this section, provided there are no structural alterations, except as provided in this section.

2. Nonconforming Use. A nonconforming use may be continued, except as provided in this section, provided that the use shall not be increased, enlarged, extended, or altered, except as provided in this section.

K. Removal or Alterations of Nonconforming Uses. The following provisions shall apply to adult-oriented businesses:

1. Amortization Time Periods. An adult-oriented business that is a nonconforming use on January 1, 1995, shall be subject to an amortization period expiring January 1, 1996, and an adult-oriented business which becomes a nonconforming use after January 1, 1995, shall be subject to an amortization period of three years commencing on the date the use becomes nonconforming.

2. Extension of Amortization Period. The owner of an adult-oriented business that is a nonconforming use may apply for extension of the amortization period in the same manner as required for a Conditional Use Permit. An application shall be made before the expiration of the amortization period unless the reviewing authority determines that good cause is shown for late filing of the application.

3. Cessation of Business Operations. Upon the conclusion of the amortization period, an adult-oriented business that is a nonconforming use shall cease business operations and signs, advertising, and displays relating to the business shall be removed within 30 days.

L. General Provisions. Adult-oriented businesses shall only be allowed to be established in the P-L-I (Planned Light Industrial) zone and shall be subject to the location and design standards specified by this section and the requirement of an adult use planning permit as otherwise provided in this Zoning Code.

M. Location, Design, and Performance Standards.

1. Separation Requirements. An adult-oriented business shall not be established or located within 500 feet of:

a. A zone or land use district that contains the words "residence" or "residential" within this Zoning Code;

b. A religious institution, chapel, or similar place of worship or property zoned, planned, or otherwise designated for this use by City action;

c. A funeral parlor, mortuary, cemetery, or similar facility, or property zoned, planned, or otherwise designated for this use by City action;

d. A school, nursery, day care center, park or playground or property zoned, planned, or otherwise designated for this use by City action;

e. Any other recreational facility where minors congregate or property zoned, planned, or otherwise designated for this use by City action.

2. Separation Requirements from Other Adult-Oriented Businesses. An adult-oriented business shall not be established or located within 500 feet of an existing adult-oriented business. If two or more existing adult-oriented businesses are located in closer proximity to each other than 500 feet, then in determining which of the businesses is or are nonconforming, preference shall be given in the order of the respective lengths of continuous uninterrupted operation of the businesses.

3. Measurement of Separation Distances. For the purposes of this section, all distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the structure in which the adult-oriented business is or will be located to the nearest property line of any land use, land use district or zone, or to the nearest point of the structure in which an existing adult-oriented business is located.

4. Signs or Displays. Advertising signs or structures, advertisements, displays or other promotional materials depicting specified anatomical areas or specified sexual activities or displaying instruments, devices or paraphernalia designed for use in connection with specific sexual activities, shall not be shown or exhibited so as to be visible from any exterior area.

5. Entries and Windows. Structure openings, entries, and windows shall be located, covered, or screened to prevent viewing the interior from any exterior area.

6. Noise. Loudspeakers or sound equipment audible to persons in any public exterior area shall not be used in connection with an adult-oriented business, and the business shall not be so conducted that sounds associated with the business are not emitted into any public exterior area.

7. Compliance with Site Development Standards. The establishment of an adult-oriented business shall comply with the applicable site development standards, including parking, of the zone in which the adult-oriented business is located, as well as the Building Code, Fire Code, and the Health and Safety Code. An adult-oriented business shall comply with the applicable City permit and inspection procedures. In addition, adult-oriented businesses shall comply with the following performance standards:

a. Each adult-oriented business shall have a business entrance separate from any other non-adult business located in the same structure.

b. Adult-oriented business shall not be operated in a manner that permits the observation by the public of any material depicting, describing, or relating to specified sexual activities or specified anatomical areas from any public way or from a location beyond the walls of the structure or portion of it in which the adult-oriented business is conducted.

c. The structure entrance to the adult-oriented business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises.

d. Each adult-oriented business shall be provided with a manager's station for the purpose of supervising activities within the business. A manager shall be on duty on the premises during all times that the adult-oriented business is open to the public.

e. A viewing room shall be visible from the manager's station of the adult-oriented business, and visibility of the entire viewing room from the manager's station shall be neither obscured nor obstructed by any curtain, door, wall, or other structure.

f. Exterior areas of adult-oriented businesses, including structures, landscaping and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds, and debris.

g. The maximum occupancy load, fire exits, fire lanes, and fire suppression equipment shall be regulated, designed and provided in compliance with the regulations and standards of the Orange County Fire Department and the City's Building Department.

h. Adult-oriented business shall not operate between the hours of 2:00 a.m. and 9:00 a.m. of any particular day. The Planning Commission, or Council on appeal, shall establish the actual allowed hours of operation for each permit approved or granted. Owners, operators, managers or employees of an adult-oriented business, regardless of whether or not a permit has been issued for the business under the provisions of this zoning code or the municipal code, shall not allow the business to remain open for business or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service between the hours of 2:00 a.m. and 9:00 a.m. or in violation of the actual allowed hours of operation established in the conditions of approval for the permit.

i. Off-street parking shall be provided for the adult-oriented business as specified for the zone in which the business is located in compliance with Chapter 17.22 (Parking and Loading). Each adult theater, adult cabaret, or adult motion picture arcade shall provide one parking space for every two seats in the viewing room, or shall provide one parking space for every two occupants in compliance with the allowable occupant load as established by the Building Official and/or the Fire Marshal, whichever standard is greater. One parking space shall be provided for each employee on the maximum shift.

j. A person who operates or causes to be operated an adult-oriented business, other than an adult motel and regardless of whether or not an adult-oriented business license has been issued to the business under this Zoning Code or the Municipal Code, which exhibits on the premises in a viewing room or viewing booth of less than 150 square feet of floor space, a film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

i. Upon application for an adult-oriented business license, the application shall be accompanied by a diagram of the premises showing a plan of it specifying the location of one or more manager's stations, the location of overhead lighting fixtures, and designating any portion of the premises in which patrons shall not be allowed. A manager's station(s) shall not exceed 32 square feet of floor area.

ii. Alterations in the configuration or location of a manager's station shall not be made without the prior written approval of the Director.

iii. It is the duty of the permit holder to ensure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the premises.

iv. The interior of the premises shall be configured so that there is an unobstructed view from a manager's station of every area of the premises to which a patron is allowed access for any purpose, excluding restrooms. Restrooms shall not contain video reproduction equipment. If the premises has two or more manager's stations designed, then the interior of the premises shall be configured so that there is an unobstructed view of each area of the premises to which any patron is allowed access for any purpose from at least one of the manager's stations. The view required in this subsection shall be by direct line of sight from the manager's station.

v. It shall be the duty of the permit holder and employees present on the premises to ensure that the view area remains unobstructed by doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is allowed access to areas of the premises which have been designed as an area in which patrons shall not be allowed in the application filed in compliance with this section.

k. An on-site security program shall be prepared and implemented including the following items:

i. Off-street parking areas and structure entries serving the adult-oriented business shall be illuminated during hours of operation with a lighting system designed to provide an average maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkway. This required lighting level is established to provide sufficient illumination of the parking areas and walkways serving the adult-oriented business for the personal safety of patrons and employees and to mitigate the incidence of vandalism and theft. The lighting shall be shown on the required site or lot plan and shall be subject to review for compliance through the design review process by the director and the Chief of Police.

ii. Interior portions of the adult-oriented business, except those areas devoted to mini-motion or motion pictures, shall be illuminated during all hours of operation with a lighting system designed to provide a minimum maintained horizontal illumination of not less than two foot-candles of light.

iii. For adult-oriented businesses that exceed an occupant load of 125 persons, the provision of on-site security personnel shall be required during business hours in compliance with a plan to be reviewed and approved for adequacy by the Chief of Police. Security personnel shall be licensed in compliance with the California Business and Professions Code, to the satisfaction of the Chief of Police.

l. Adult Motion Picture Theater.

i. A manager's station shall be located near the main entrance and the station shall be provided with an unobstructed view of all motion picture private viewing areas.

ii. Adult motion picture arcades shall not be maintained or operated unless the complete interior of the adult motion picture theater is visible upon entrance to the adult motion picture theater. Partially or fully enclosed booths or partially or fully concealed booths shall not be maintained.

iii. Persons shall not operate an adult motion picture theater in which the number of image-producing devices exceeds the maximum occupancy load allowed in a room or partitioned portion of a room in which an image producing device is located.

m. Adult Hotel/Motel.

i. Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented or subrented and vacated two or more times in a period of less than 10 hours on a recurring basis creates a rebuttable presumption that the establishment is an adult hotel/motel as that term is defined in this section.

ii. A person shall be in violation of the provisions of this section if a person rents or subrents a sleeping room at a location without an adult-oriented business license and an adult use planning permit to a person or persons and within 10 hours afterwards rents or sub-rents the same room to another person(s) or sub-rents the same room to the prior renter.

N. Prohibited Activities.

1. Duties of Persons Who Operate Business. Persons shall not operate or cause to be operated an adult-oriented business, regardless of whether or not a permit has been issued under this Zoning Code, knowingly or with reason to know, permitting, suffering, or allowing any employee:

a. To engage in a couch dance or straddle dance with a patron at the business;

b. To contract or otherwise agree with a patron to engage in a couch dance or straddle dance with a person at the business;

c. To intentionally touch a patron at an adult-oriented business while engaged in the display or exposure of a specified anatomical area or engaged in or simulating a specified sexual activity;

d. To voluntarily be within six feet of a patron while engaged in the display or exposure of a specified anatomical area or engaged in or simulating a specified sexual activity.

2. Prohibited Employee Activities. Employees of an adult-oriented business shall not:

a. Engage in a couch dance or straddle dance with a patron at the business;

b. Contract or otherwise agree to engage in a couch dance or straddle dance with a patron at the business;

c. Engage in the display or exposure of a specified anatomical area or engage in or simulate a specified sexual activity while intentionally touching a patron at the adult-oriented business;

d. Engage in the display or exposure of a specified anatomical area or engage in or simulate a specified sexual activity closer than six feet from any patron.

3. Intentional Touching Prohibited. Persons at an adult-oriented business, regardless of whether or not the business is allowed under this Zoning Code, shall not intentionally touch an employee who is displaying or exposing a specified anatomical area or engaging in or simulating a specified sexual activity at the adult-oriented business.

4. Prohibited Activities of Persons. Persons at an adult-oriented business, regardless of whether or not the business is allowed under this zoning code, shall not engage in a couch dance or straddle dance with an employee at the business who is displaying or exposing a specified anatomical area or engaging in or simulating a specified sexual activity.

5. Prohibited Activities During Certain Hours. Employees of an adult-oriented business, regardless of whether or not a permit has been issued for the business under this section, shall not engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service between the hours of 2:00 a.m. and 9:00 a.m. of any particular day.

(Ord. 688 § 1, 2006; Ord. 12-05 § 2, 2012; Ord. 19-03 § 3, 2019)

§ 17.28.050 Affordable Housing.

Residential density bonuses, incentives, or concessions for the production of affordable housing shall be granted in compliance with Government Code Section 65915, as amended from time to time.

(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

§ 17.28.060 Alcoholic Beverage Retail Sales.

A. Purpose. This section provides development standards for the sale of alcoholic beverages for off-site consumption where allowed in compliance with Table 2-02 (Allowed Uses and Permit Requirements for Residential Zones), Table 2-04 (Allowed Uses and Permit Requirements for Commercial and Industrial Zones), and Table 2-06 (Allowed Uses and Permit Requirements for Town Center Mixed-Use Zone) for "Alcoholic Beverage Sales," "Convenience Stores," and "Automobile Service Stations."

B. Applicability. This section shall apply to:

1. Establishments that do not currently sell, but propose to sell, alcoholic beverages for off-site consumption;

2. Establishments that currently sell alcoholic beverages for off-site consumption but which propose to change the type of alcoholic beverages to be sold (change the type of retail liquor license within a license classification);

3. Off-site establishments that currently sell alcoholic beverages if the establishment substantially changes its mode or character of operation, which includes but is not limited to either a 10 percent increase in floor area or a 25 percent increase in facing used for the display of alcoholic beverages;

4. Off-site establishments that have been abandoned or have discontinued operation for three months. The burden of proof shall be upon the applicant to determine when the establishment was in operation;

5. Gasoline service stations selling beer, wine, and/or spirits for consumption off the premises.

C. Findings. In addition to any required findings for an applicable discretionary permit, an application may be approved where the information submitted by the applicant or presented at the public hearing, substantiates the following:

1. The requested use at the proposed location will not adversely affect the use of a school, park, playground, religious institution, temple, or other place used primarily for religious worship, or similar uses within a 500-foot radius of the property, in or outside the City.

2. The requested use at the proposed location is sufficiently buffered in relation to residentially zoned areas within the immediate vicinity so as not to adversely affect the area.

3. The requested use at the proposed location will not result in an undue concentration of similar premises. A separation of not less than 500 feet, from property line to property line, in or outside the City, shall not be construed as undue concentration. The applicant shall bear the burden of proof that a separation of less than 500 feet does not create an undue concentration of facilities for the sale of alcoholic beverages for off-site consumption within the community.

4. The requested use at the proposed location will not adversely affect the economic welfare of the community.

5. The exterior appearance of the structure will be consistent with the external appearance of commercial structures already constructed or under construction within the immediate neighborhood so as to not cause blight, deterioration, or substantially diminish or impair property values within the neighborhood.

D. Gasoline Service Stations and Convenience Stores. Gasoline service stations and convenience stores that sell beer, wine, and/or spirits for consumption off the premises shall be subject to the following:

1. Beer, wine, and/or spirits shall not be displayed within five feet of the cash register or the front entrance unless it is in a permanently affixed display case.

2. Advertisements of alcoholic beverages shall not be displayed at motor fuel islands.

3. Sale of alcoholic beverages shall not be made from a drive-in or drive-through window.

4. Display or sale of alcoholic beverages shall not be made from a portable container.

5. Alcoholic beverage advertising shall not be located on motor fuel islands, and self-illuminated advertising for alcoholic beverages shall not be located on structures or windows.

6. Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age to sell alcoholic beverages.

7. Arcade machines may not be kept, maintained, or operated on the premises.

8. Not more than 25 percent of the total floor area of the convenience market shall be devoted to the sale of alcoholic beverages.

(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

§ 17.28.070 Arcades.

A. Locational and Development Restrictions.

1. Arcades, as defined by the number of machines in Division 7 (Definitions), shall be located more than 300 feet from a public or private school (grades kindergarten through 12) and from another legally allowed arcade.

2. Permit applications shall include a floor plan drawing including, but not limited to, emergency exits, fire doors, evacuation paths, desk, chairs, arcade machines, waiting areas, and restrooms.

3. A facility that has more than 45 arcade machines shall also meet all occupancy A fire requirements.

B. Operation Regulations.

1. The maximum number of arcade machines in an arcade shall not exceed one arcade machine for every 35 square feet of gross floor area allotted to the arcade operations.

2. Arcade machines and waiting areas within the premises shall be visible from the supervisor's station and adequately supervised by an adult attendant 18 years or older. The attendant shall be present whenever an arcade machine is being operated.

3. Persons under 18 years of age shall not be allowed on the premises where the arcade machines are located after 10:00 p.m. unless accompanied by a parent or guardian or other adult person having the care and custody of the minor.

4. Arcades with a gross floor area of 3,000 square feet or greater, excluding restaurant dining and kitchen areas, shall provide a visible security guard between 5:00 p.m. and 4:00 a.m. on Friday, Saturday, and Sunday evenings. Security guards shall be responsible for crowd control both on the arcade premises and adjoining parking areas.

5. Windows shall be kept clear of any item or tint that obscures full view from the exterior to inside the business.

6. Establishments with arcade machines consisting of 25 percent or more of the floor area shall provide a waiting area with seating within the business. The minimum number of seats shall be determined at one seat for every eight arcade machines but not less than four, unless modified by the Planning Commission based on a showing of good cause that a lesser number of seats in the waiting area will adequately accommodate patrons waiting to use an arcade machine.

7. Failure to comply with the regulations provided by this section shall be cause for immediate suspension or revocation of applicable permits in compliance with Section 17.42.050 (Violation, Discontinuance, and Removal).

(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

§ 17.28.080 Automobile Service Stations and Automobile Repair Uses.

A. Applicability. Automobile service stations, automobile and motorcycle repair facilities, automobile body shops, and automobile paint shops shall be subject to the provisions of this section.

B. Operations Requirements. Repairing, painting, or servicing of motor vehicles, installation of parts, and body repair work shall be conducted entirely within a structure.

C. Vehicle Storage and Parking.

1. For service stations located in the C-G (General Commercial) zone, outdoor storage of vehicles overnight shall not be permitted. Overnight parking of vehicles awaiting service or pick up shall be within a structure.

2. For automobile repair, body and paint shops, and service stations located in the P-L-I (Planned Light Industrial) Zoning District, overnight parking of vehicles awaiting repair, service or pick up shall be within a structure or screened by a masonry wall not to exceed eight feet in height. The outdoor storage of tires, automobile parts, and fluids is strictly prohibited.

3. Vehicles awaiting repair, service, or pick up shall be parked on the subject property and not in the public right-of-way.

D. Repair Bays. Interiors of service repair bays shall be screened or oriented so as not to be visible from properties used or zoned for residential purposes.

E. Retail Sale of Alcohol. Automobile service stations with retail sales of beer and wine shall comply with the provisions of Section 17.28.060 (Alcoholic Beverage Retail Sales).

F. Hours of Operation.

1. Automobile servicing shall be conducted between the hours of 6:00 a.m. and 10:00 p.m.

2. Automobile repair work, body repair work, and/or automobile painting shall be conducted between the hours of 7:00 a.m. and 8:00 p.m.

(Ord. 688 § 1, 2006; Ord. 691 § 2, 2006; Ord. 19-03 § 3, 2019)

§ 17.28.090 Cannabis Uses.

A. Purpose.

1. The purpose of this section is to expressly prohibit the establishment of commercial cannabis uses in the City relating to medical cannabis and adult use cannabis and to impose reasonable regulations on personal cultivation in private residences and accessory structures.

2. The Council finds that the prohibition on commercial cannabis activity is necessary for the preservation of and protection of the public health, safety, and welfare of the City. The prohibition of such uses is within the authority conferred upon the Council by State law and is an exercise of its police powers to enact and enforce regulations for the public health, safety and welfare.

B. Definitions. Terms unique to this section are listed in Chapter 17.74 (Definitions).

C. Prohibition.

1. Commercial cannabis activities, whether or not for profit, are expressly prohibited in all zones in the City, including all specific plan areas and overlay zones. No person shall establish, operate, conduct, allow, or engage in a commercial cannabis activity anywhere within the City. This prohibition includes any type of business enterprise where cannabis is complimentarily provided as part of any other non-cannabis related business activity.

2. A property owner shall not rent, lease, or otherwise permit any person or business that engages in commercial cannabis activity to occupy real property in the City. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in commercial cannabis activity on any real property owned or controlled by that property owner that is located in the City.

3. This section is meant to prohibit all activities for which a State license is required subject to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). Accordingly, the City shall not issue any permit, license, or other entitlement for any activity for which a State license is required under the Adult Use of Marijuana Act (AUMA), including any local license to a non-profit entity subject to California Business and Professions Code Section 26070.5.

4. Except as provided in this section, all cultivation of cannabis is expressly prohibited in all zones in the City.

D. Personal Cultivation—Regulations.

1. An authorized grower shall be allowed to cultivate cannabis for personal use only within a private residence or a fully enclosed and secure structure which is accessory to a private residence, subject to the following regulations in addition to any regulations of State law:

a. The cannabis cultivation area shall be contained within one single room that shall not exceed 150 square feet.

b. The room shall be securely locked and accessible only to individuals residing in the residence who are 21 years of age or older.

c. The cannabis plants shall not come within 12 inches of the ceiling or any cultivation lighting.

d. Cannabis cultivation lighting shall not exceed 1,200 watts in total for the total cultivation area within the residence.

e. The use of gas products such as but not limited to CO₂, butane, methane, or any other flammable or non-flammable gas for cannabis cultivation or processing is prohibited.

f. There shall be no exterior visibility or evidence of cannabis cultivation occurring within the private residence or accessory structure from the public right-of-way or any adjoining property, including, but not limited to:

i. Visual observation of any cannabis plants;

ii. Any form of sign indicating that cannabis plants are being grown inside the residence or accessory structure;

iii. Visual observation of any equipment used in the growing and cultivation operation;

iv. Unusual odors, smells, fragrances, or other olfactory stimulus;

v. Any light emanating from cultivation lighting.

g. The authorized grower shall reside full-time in the residence where the cannabis cultivation occurs.

h. The authorized grower shall not participate in cannabis cultivation in any other location within the City.

i. The residence shall include fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the resident authorized grower, and the premises shall not be used primarily or exclusively for cannabis cultivation.

j. The cannabis cultivation area shall be in compliance with the provisions of the applicable building and construction codes as outlined in Title 15 of the Municipal Code. The Building Official may impose additional conditions to meet such codes if necessary, including, but not limited to, installation of fire suppression sprinklers and ventilation and filtration systems that prevent plant odors from exiting the interior of the structure.

k. The cannabis cultivation area shall not result in a nuisance or adversely affect the health, welfare, or safety of the resident or nearby residents by creating dust, glare, heat, noise, noxious gasses, odors, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products, or wastes.

l. Cultivation shall be limited to six cannabis plants, mature or immature, per private residence or a fully enclosed and secure structure. The limit of six plants per private residence shall apply regardless of how many individuals reside at the private residence.

m. The cannabis plants and any cannabis in excess of 28-½ grams produced by plants shall be kept in a locked space on the grounds of the private residence or accessory structure which space is not visible from the public right-of-way by normal unaided vision.

n. If the person cultivating the plants is not the owner of the residence, such person shall obtain permission from the property owner to cultivate plants on the premises in compliance with the provisions of State law and this section. Such permission shall be in writing and made available to City staff upon request.

2. No outdoor cultivation of cannabis plants shall be allowed in the City, even for personal use. (This section shall be of no further force or effect and shall be deemed repealed upon a determination by the California Attorney General that nonmedical use of cannabis is lawful in the State under Federal law.)

E. Violation. It is hereby declared to be unlawful, a public nuisance and a violation of this section for any person owning, leasing, occupying, or having charge or possession of any property within the City to cause or allow such property to be used in a manner which violates this section.

F. Violation—Misdemeanor. Any violation of this section shall be punishable as a misdemeanor, punishable as outlined in Chapter 1.20 (General Penalty).

G. Public Nuisance. Any use or condition caused, or allowed to exist, in violation of any provision of this section shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the City subject to Code of Civil Procedure Section 731 or any other remedy available to the City.

H. Civil Penalties. In addition to any other enforcement allowed by this section, the City Attorney may bring a civil action for injunctive relief or the City may pursue administrative fines and penalties subject to Chapter 1.24 (Administrative Fines and Penalties) against any person or entity that violates this section. In any civil action brought subject to this section, a court of competent jurisdiction may award reasonable attorneys' fees, where the City has elected at the initiation of the action to seek the recovery of such fees, in which case the prevailing party in such action shall be entitled to an award of attorneys' fees in an amount which shall not exceed the reasonable attorneys' fees incurred by the City, regardless of the actual costs of any party's attorneys' fees.

(Ord. 17-09 § 2, 2017; Ord. 19-03 § 3, 2019)

§ 17.28.100 Condominiums—Commercial and Industrial.

A. Purpose and Intent.

1. The Council finds that office and industrial condominium projects are different in so many respects from other types and forms of land ownership and development as to require additional regulations.

2. The intent of this section is to further the goals of the General Plan and regulate the placement of these projects and land use consistent with the form of ownership and occupancy of these projects in compliance with applicable laws for the general health, safety, and welfare of the public.

3. The intent of this section is also to develop standards, procedures, and guidelines that provide a more flexible method whereby properly located land areas can be developed, employing more innovative and imaginative land planning concepts than would be possible through the strict application of conventional zoning and subdivision regulations.

4. The purpose of this section is to provide for the general control of design and development of common ownership office, and industrial condominiums in relation to adjoining areas in compliance with the basic purpose of the State Subdivision Map Act.

B. Conditional Use Permit Required.

1. Where Types of Condominium Projects Allowed. Commercial condominiums shall be allowed in the C-O (Commercial-Professional Office), C-G (General Commercial), and P-L-I (Planned Light Industrial) zones. Industrial condominiums shall be allowed in the P-L-I (Planned Light Industrial) zone subject to the approval of tentative and final tract or parcel maps as may be required by law. This requirement is in addition to other permits or certificates required by law.

2. Compliance Required. Persons shall not construct, sell, lease, convey, maintain, or use a condominium project within the City without complying with the provisions of this section.

C. Applicability of Subdivision Ordinance. The provisions of Title 16 (Subdivisions) of the Municipal Code shall apply.

D. Relationship to Other Laws. Whenever regulations or restrictions imposed by this section are either more or less restrictive than regulations or restrictions imposed by other laws, the regulations, rules, or restrictions which are more restrictive or which impose specific design standards shall govern.

E. Requirements for Commercial and Industrial Condominiums.

1. Application Requirements—New Development. The applicant shall file an application for Site Development Permit—Major for a commercial or industrial condominium development in compliance with the requirements of Chapter 17.44 (Site Development Permit—Major and Minor). Also, a tentative subdivision map, as required by this section and Title 16 (Subdivisions) of the Municipal Code, shall be submitted to the Development Services Department concurrently. The Development Services Department shall make recommendations on the project to the Planning Commission for approval, conditional approval, or denial. Tentative subdivision maps and Site Development Permit—Major applications filed in compliance with this section shall be processed concurrently.

2. Application Requirements—Conversions. The conversion of lease or rental commercial or industrial developments to commercial or industrial condominium developments within appropriate zoning districts shall be allowed, subject to the issuance of a Conditional Use Permit in compliance with the provisions of Chapter 17.32 (Administrative Use Permits and Conditional Use Permits) and the approval of tentative and final tract or parcel maps as may be required by law. This requirement is in addition to other permits or certificates required by law. In addition to satisfying other requirements of this section, the applicant for conversion of an existing office or industrial structures to condominiums at the time application is made, shall provide the following information:

a. Structure and Zoning History. A structure and zoning history, to the extent available, detailing the date of construction, major uses since construction, and the dates, nature, and scope of major repairs and alterations since construction.

b. Property Report. A property report detailing the condition and useful life of the roof, foundation, mechanical, electrical, plumbing, and structural elements of existing structures. A registered civil or structural engineer shall prepare the report.

c. Pest Report. A structural pest report prepared by a licensed structural pest control operator.

3. Development Standards.

a. Approval of the Conditional Use Permit for conversion shall require that the development in question meet the requirements currently in effect for new commercial or industrial condominium developments.

b. Structures shall comply with building, energy, mechanical, electrical, plumbing, and fire codes in force in the City at the time application for condominium is made.

c. Commercial and industrial condominiums to be constructed or converted shall be subject to the development standards, parking requirements, and sign regulations for the zone in which they are located, and subject to the conditions of approval.

d. In addition to the requirements of the applicable zone, the following development standards shall apply. Wherever there is a conflict or the appearance of a conflict between the normal zoning requirements and the following condominium requirements, the more stringent standards shall apply unless the conflict is mutually exclusive, in which case this section shall apply.

4. Utilities. Each commercial or industrial condominium unit shall have separate water, sewage, and utility connections, or provisions for shared usage shall be included in the covenants, conditions, and restrictions. Each utility that is controlled by and consumed within the unit shall be separately billed for its use. Each unit shall have access to its own meter(s), heater(s), and air conditioner(s), and shall not require entry through another unit. Each unit shall have its own electrical panel and access to it. A plan for equitable sharing of non-separately metered, jointly used utilities shall be developed before final map approval and included in the covenants, conditions, and restrictions.

5. Outdoor Storage Areas. Outdoor storage may be allowed in industrial condominiums as a part of the required Conditional Use Permit when the Planning Commission determines that the storage is adequately screened from public view and will not be aesthetically or materially detrimental to surrounding properties. If the Planning Commission determines that a proposed industrial condominium development can adequately accommodate outdoor storage area(s), then the development standards of the P-L-I (Planned Light Industrial) zone shall apply.

(Ord. 688 § 1, 2006; Ord. 18-06 §§ 3, 10, 2018; Ord. 19-03 § 3, 2019)

§ 17.28.110 Condominiums—Residential and Residential Conversions.

A. Purpose and Intent.

1. The Council finds that residential condominium projects are different in so many respects from other types and forms of land ownership and development as to require additional regulations. This applies to new condominium development projects as well as the conversion of existing multi-family housing to condominiums.

2. The intent of this section is to further the goals of the General Plan, provide a balanced mix of housing, and ensure the form of ownership and occupancy complies with applicable laws for the general health, safety, and welfare of the public.

3. The intent of this section is also to establish standards, procedures, and guidelines that provide a more flexible method whereby properly located land areas can be developed, employing more innovative and imaginative land planning concepts than would be possible through the strict application of conventional zoning and subdivision regulations.

4. The purpose of this section is to provide for the general control of design and development of common ownership residential condominiums in relation to adjoining areas in compliance with the basic purpose of the State Subdivision Map Act.

B. Permits and Map Required.

1. New Condominium Projects. Residential condominium projects shall be allowed in all residential zones and in the Town Center Mixed Use zone at densities applicable to the zone in which the project is located, subject to the approval of tentative and final tract or parcel maps as may be required by law and any development permits required for multi-family housing in the zone in which the new project is located. This requirement is in addition to other permits or certificates required by law.

2. Condominium Conversions. Residential condominium conversion projects shall be allowed in all residential zones and in the Town Center Mixed Use zone at densities applicable to the zone in which the project is located, subject to the approval of a Site Development Permit—Major and the approval of tentative and final tract or parcel maps as may be required by law. This requirement is in addition to other permits or certificates required by law.

3. Compliance Required. Persons shall not construct, sell, lease, convey, maintain, or use a condominium project within the City without complying with the provisions of this section.

C. Applicability of Subdivision Ordinance.

1. Condominiums, whether new construction or conversion of existing structures and as may otherwise be superseded by the Subdivision Map Act:

a. If five or more dwelling units, the standard subdivision procedure shall be applied.

b. If four or fewer dwelling units, the minor subdivision (parcel map) shall be applied.

2. The provisions of Title 16 (Subdivisions) of the Municipal Code shall apply.

D. Relationship to Other Laws. Whenever regulations or restrictions imposed by this section are either more or less restrictive than regulations or restrictions imposed by other laws, the regulations, rules, or restrictions which are more restrictive or which impose specific design standards shall govern.

E. Requirements for Residential Condominiums.

1. Compliance with Codes. Structures shall comply with building, mechanical, electrical, and plumbing codes in force in the City at the time the application is made.

2. Sound and Energy Insulation. Structures shall be sound attenuated to comply with the Uniform Building Code standards in effect at the time of filing. Additionally, the structure shall be made to comply with the energy insulation requirement in effect at the time of filing.

3. Fire Protection.

a. Smoke Detectors. Each condominium unit shall be provided with approved detectors of products of combustion other than heat, conforming to the latest Uniform Building Code standards, mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes.

b. Maintenance of Fire Protection Systems. Fire hydrants, fire alarm systems, portable fire extinguishers, and other fire protective appliances shall be retained in an operable condition.

4. Utilities.

a. Utility Metering. Each condominium unit shall be separately metered for all utilities. In addition, a plan for equitable sharing of non-separately metered, jointly used utilities shall be developed before final map approval and included in the covenants, conditions, and restrictions.

b. Undergrounding of Utilities. On-site overhead utility service lines shall be placed underground.

5. Dedication and Improvements. Dedications for streets, alleys, drainage, or public utilities shall be made so as to bring the development into conformity with existing City street, alley, drainage, and public utility standards.

6. Parking, Off-Street. Parking requirements for condominiums shall be provided for in compliance with Chapter 17.22 (Parking and Loading).

7. Storage Space. Each condominium unit shall be provided with a minimum of 200 cubic feet of enclosed weatherproofed and lockable private storage space. The space shall be for the sole use of the unit owner. This storage area may be located within a covered parking area, provided it does not interfere with vehicle parking.

8. Laundry Facilities.

a. Separate Facilities. A separate laundry facility area of sufficient size to allow for the installation of a clothes washer and dryer shall be provided for each condominium unit (if provided for in the garage, the area shall not encroach into the required parking space).

b. Common Facility. As an alternative to subparagraph a, a common laundry facility may be provided; such facility shall consist of not less than one automatic washer and dryer for each three condominium units or fractions of thereof.

9. Lot Size, Setback, Coverage, Height, and Density Requirements. Lot sizes, setback lines, coverage, structure heights, and density requirements shall meet the minimum requirements for the zone in which the condominium is located.

10. Private Open Space. An adjoining private open space for each condominium unit in compliance with the requirements for the zone in which the project is located.

F. Requirements for Residential Condominium Conversion.

1. Application for Conversion. In addition to satisfying other requirements of this section, the applicant for conversion of any existing residential structures to condominiums, at the time application is made, shall provide the following information:

a. Structure and Zoning History. A structure and zoning history, to the extent available, detailing the date of construction, major uses since construction, and the dates, nature, and scope of major repairs and alterations since construction.

b. Property Report. A property report detailing the condition and useful life of the roof, foundation, mechanical, electrical, plumbing, and structural elements of all existing structures. A registered civil or structural engineer, or a licensed general building or engineering contractor, shall prepare the report.

c. Pest Report. A structural pest report prepared by a licensed structural pest control operator.

2. Development Standards.

a. Compliance with Codes. Structures shall comply with building, mechanical, electrical, and plumbing codes in force in the City at the time the application for conversion is made.

b. Sound and Energy Insulation. Structures shall be sound attenuated to comply with the Uniform Building Code standards in effect at the time of filing. Additionally, the structure shall be made to comply with the energy insulation requirement in effect at the time of filing.

c. Fire Protection.

i. Smoke Detectors. Each condominium unit shall be provided with approved detectors of products of combustion other than heat, conforming to the latest Uniform Building Code standards, mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes.

ii. Maintenance of Fire Protection Systems. Fire hydrants, fire alarm systems, portable fire extinguishers, and other fire protective appliances shall be retained in an operable condition.

3. Utilities.

a. Construction before January 23, 1980. Structure construction approved by the City before January 23, 1980, may be converted to condominiums when the following standards are met:

i. Utility Metering. Each condominium unit shall be separately metered for gas and electricity. In addition, a plan for equitable sharing of non-separately metered, jointly used utilities shall be developed before final map approval and included in the covenants, conditions, and restrictions. In a case where the subdivider can demonstrate to the Planning Commission that this standard cannot or should not be met, the Planning Commission may modify the standard.

b. Construction after January 23, 1980. Structure construction approved by the City after January 23, 1980 may be converted to condominiums when the following standards are met:

i. Utility Metering. Each condominium unit shall be separately metered for all utilities. In addition, a plan for equitable sharing of non-separately metered, jointly used utilities shall be developed before final map approval and included in the covenants, conditions, and restrictions.

4. Undergrounding of Utilities. On-site overhead utility service lines shall be placed underground.

5. Dedications and Improvements. Dedications for streets, alleys, drainage, or public utilities shall be made so as to bring the development into conformity with existing City street, alley drainage, and public utility standards.

6. Off-Street Parking.

a. Buildings converted to condominiums may utilize the parking spaces that exist prior to the conversion only, and need not provide additional parking, even if the spaces are not in compliance with the parking requirements and standards established for newly constructed multi-family residential structures in the R-2 and R-3 zones, unless additional or alternative parking spaces exist as determined by City staff.

b. Other Parking Provisions. In all other respects, off-street parking requirements and standards shall be governed by the provisions of Chapter 17.22 (Parking and Loading).

7. Storage Space. Each condominium unit shall be provided with a minimum of 200 cubic feet of enclosed weatherproofed and lockable private storage space within a covered parking area, provided it does not interfere with motor vehicle parking.

8. Laundry Facilities.

a. Separate Facilities. A separate laundry facility area of sufficient size to allow for the installation of a clothes washer and dryer shall be provided for each condominium unit (if provided for in the garage, the area shall not encroach into the required parking space).

b. Common Facility. As an alternative to subparagraph a, a common laundry facility may be provided; such facility shall consist of not less than one automatic washer and dryer for each three condominium units or fractions of thereof.

9. Setback, Height, and Density Requirements. Setback lines, structure heights, and density requirements shall meet the minimum requirements for the zone in which the condominium is located.

10. Tenant Provisions/Notification to Tenants. The subdivider shall comply with the following provisions regarding tenants' rights:

a. Tenants of a structure proposed for conversion shall be given 10 days' written notice, by the developer, of the Planning Commission meeting at which the conversion proposal will be heard and considered. Certification that the residents of the project have been notified shall be provided to the Director.

b. Each tenant shall be given a minimum of 150 days' written notice of intention to convert before termination of tenancy due to the conversion or proposed conversion. Evidence of receipt shall be submitted with the tentative map. The form of the notice shall be as approved by the Development Services Department and shall contain not less than the following:

i. Name and address of current owner;

ii. Name and address of proposed subdivider;

iii. Approximate date on which the tentative map is proposed to be filed;

iv. Approximate date on which the final map or parcel map is to be filed;

v. Approximate date on which the unit is to be vacated by nonpurchasing tenants;

vi. Tenant's right to purchase;

vii. Tenant's right of notification to vacate;

viii. Tenant's right to extend lease;

ix. Tenant's right of termination of lease;

x. Statement of no rent increase;

xi. Provisions of relocation assistance;

xii. Other information may be required as deemed necessary.

c. If a tenancy is to expire before 120 days before the commencement of sales is scheduled, the developer shall offer to extend the tenancy upon the same terms for an additional 90 days. If a tenancy is to expire before 30 days before the commencement of sales is scheduled, the developer shall offer to extend the tenancy for a period to and including the 30th day before the date scheduled for commencement of sales.

d. The developer shall permit a tenant to terminate a lease or rental agreement without a penalty, cost, or forfeiture, after notice has been given of the intention to convert to condominium housing, if a tenant notifies the developer, in writing, 30 days in advance of the termination.

11. Tenants' Right to Purchase. Each of the tenants in the proposed condominium project shall be given notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that the units will be initially offered to the general public, or terms more favorable to the tenant. This right shall comply with the provisions of Business and Professions Code Section 11018.2, unless the tenant gives prior written notice of their intention not to exercise this right. This right of purchase shall extend at least 90 days from the date of issuance of the subdivision public report, or commencement of sales, whichever is later.

12. Increase in Rents. The tenant's rent shall not be increased between the time of filing of the tentative map and the time relocation takes place, or the subdivision is denied or withdrawn.

13. Relocation Assistance.

a. The subdivider shall provide each tenant with a list of available units of similar price and in the same general area.

b. The subdivider shall provide relocation funds equivalent to the last month's rent (at the current rental rate then being charged) to all tenants, to cover expenses related to moving.

14. Notice to New Tenants. After submittal of the tentative map, prospective tenants shall be notified in writing of the intent to convert, before the leasing or renting of a unit.

(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

§ 17.28.120 Construction Structures—Temporary.

A. Temporary Use Permit Required. Contractor's temporary construction structures or trailers in conjunction with a subdivision or other development, to be used only for offices or storage, may be allowed for a period not to exceed six months, with up to three six-month extensions, each upon approval of a Temporary Use Permit in compliance with Chapter 17.46 (Temporary Use Permits).

B. Design and Operational Requirements.

1. The temporary construction site building shall be located within the boundaries of the subdivision or tract of land in which the real property is to be sold and/or is being developed.

2. The property to be used for a temporary construction site building shall not be permanently improved for that purpose.

3. The temporary construction site building shall conform to the setbacks of the underlying development district; shall provide skirting; and shall obtain all necessary permits, including building, electrical, and plumbing, as applicable.

(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

§ 17.28.130 Day Care, General.

A. Purpose and Applicability. This section establishes standards for the location, development, and operations for general day care facilities, as defined in Chapter 17.74 (Definitions) as "Day Care, General" where allowed in compliance with Division 2 (Zones, Allowable Uses, and Development Regulations). This section provides standards for the location, development, and operation of general day care facilities in compliance with State law. These standards shall apply in addition to requirements imposed by the California Department of Social Services and other regulatory agencies (e.g., Fire Department).

B. Standards. All general day care facilities shall comply with all of the following:

1. Licensing. The operator of a general day care facility shall obtain and maintain a valid license from the California Department of Social Services in compliance with California Code of Regulations, Title 22, Division 6.

2. General Day Care Facilities Review Standards. An application for a general day care facility shall be reviewed by the responsible review authority for compliance with the provisions of Health and Safety Code Section 1597.46(a)(3) and this section. The application may be approved only if the general day care facility complies with applicable sections of the Health and Safety Code, this section, all applicable City ordinances, and any regulations adopted by the State Fire Marshall.

3. Fences or Walls Required. Fences or walls shall provide for safety with controlled points of entry.

4. Drop-Off/Pick-Up Areas. Any general day care facility located on a through street classified as a collector or arterial street in the Los Alamitos General Plan shall provide a drop-off and pick-up area that does not require backing into the street.

(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

§ 17.28.140 Day Care Home—Large Family (9-14 Children).

A. Purpose and Applicability. The provisions in this section shall apply to large family child day care homes, as defined by current State law, in compliance with Division 2 (Zones, Allowable Uses, and Development Regulations) and the following standards. These standards shall apply in addition to requirements imposed by the California Department of Social Services and other regulatory agencies.

B. Standards. All large family child day care homes shall comply with all of the following:

1. Licensing. The operator of a large family child day care home shall obtain and maintain a valid license from the California Department of Social Services in compliance with California Code of Regulations, Title 22, Division 12 (Child Care Facility Licensing Requirements).

2. Care Provider's Residence. The large family child day care home shall be the primary residence of the care provider, and the use shall be clearly residential in character and shall be incidental and accessory to the use of the property as a residence, in compliance with Health and Safety Code Section 1596.78 and other applicable law.

3. Fences or Walls Required. Fences or walls shall provide for safety with controlled points of entry.

4. Play Area and Equipment. Outdoor play area(s), including all stationary play equipment, shall be located in the rear area of the lot and shall comply with any setback requirements for the zone in which the large family day care home is located.

5. Drop-Off/Pick-Up Areas and Use of Garages.

a. A minimum of two off-street uncovered parking spaces shall be provided as a drop-off and pick-up area. The spaces shall be in addition to those required for the dwelling unit in compliance with Chapter 17.22 (Parking and Loading). A driveway may be used to provide the spaces, provided the City Traffic Engineer approves the arrangement based on traffic and pedestrian safety considerations.

b. Garages shall not be used as a family child day care play area unless alternative on-site covered parking is available to meet minimum residential parking requirements and further, the garage is improved to meet Building and Fire Code regulations as a habitable space.

c. Hours of Operation. A large family child day care home located may only operate a maximum of 14 hours each day between the hours of 6:00 a.m. and 8:00 p.m.

d. Inspection Required. Before commencing operation of a large family child day care home, the City Building Official shall conduct an inspection of the premises on which the large family child day care home is to be operated to ensure that there are no unallowed uses, structure, electrical, and/or mechanical improvements to the property.

(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

§ 17.28.150 Day Care Home—Small Family (8 or Fewer Children).

All small family child day care homes, as defined as in Chapter 17.74 (Definitions), shall comply with the applicable provisions of Health and Safety Code Section 1597.30 et seq. (Family Day Care Homes). Such facilities do not require any discretionary City permits and are exempt from Chapter 17.44 (Site Development Permit—Major and Minor).

(Ord. 19-03 § 3, 2019)

§ 17.28.160 Emergency Shelters.

A. Purpose. This section identifies locations for emergency shelters and sets forth the development standards that shall be met regardless of whether the emergency shelter is allowed as of right or by a Conditional Use Permit.

B. Required On-Site Waiting and Intake Areas.

1. 10 square feet per bed.

2. Minimum 100 square feet.

C. Facility Management. A resident manager shall be required. A written management plan addressing, at a minimum, staff training, identification process, neighborhood outreach, pet policy, safety, security, client intake, loitering control, referral services, outdoor activities, storage, refuse control, and facility maintenance shall be approved by the Development Services Director. The management plan may be reviewed as needed by the City with revisions made by the operator.

D. Proximity to Other Emergency Shelters. An emergency shelter may not be located closer than 300 feet from another emergency shelter.

E. Maximum Length of Stay. Six months.

F. Multi-Jurisdictional Agreement. Emergency shelters for homeless persons that are subject to a multi-jurisdictional agreement, subject to California Government Code Section 65583(d), shall be considered an allowed use even if inconsistent with the criteria in this section, provided the agreement includes standards and operational criteria acceptable to the participating jurisdictions.

(Ord. 13-04 § 6, 2013; Ord. 19-03 § 3, 2019)

§ 17.28.170 Hazardous Waste Facilities.

A. Purpose and Intent. The purpose of this section is to establish uniform standards, land use regulations, and a permit process for controlling the location, design, maintenance, and safety of off-site hazardous waste facilities.

B. Definitions. Terms unique to this section are listed in Chapter 17.74 (Definitions).

C. Applicability.

1. The provisions in this section shall apply to hazardous waste facilities as defined in Chapter 17.74 (Definitions) and where allowed in compliance with Division 2 (Zones, Allowable Uses, and Development Regulations).

2. The provisions of this section do not apply to:

a. Transportable treatment units (TTU) which are designed to be moved either intact or in modules and which are intended to be operated at a given location for a limited period of time;

b. Permanent on-site hazardous waste facilities at locations where hazardous waste is produced, and which are owned by, leased to, or under the control of the producer of the waste.

D. Required Licensing. Facilities (i.e., off-site, on-site and TTUs) shall be licensed as required by State law.

E. Consistency with County Hazardous Waste Management Plan. Any application for a hazardous waste facility or project shall be subject to all applicable regulations outlined in the Los Alamitos Municipal Code and the County Hazardous Waste Management Plan. All requirements of the City with regard to hazardous waste facilities shall be consistent with those portions of the approved County Plan which identify general areas or siting criteria for hazardous waste facilities. The County Hazardous Waste Management Plan as it now exists or may be amended is adopted and incorporated by reference as part of the Municipal Code.

F. City Requirements and Conditions. Nothing contained in this section nor any requirement incorporated by reference shall limit the authority of the City to attach appropriate conditions to the issuance of any Conditional Use Permit for a hazardous waste facility to protect the public health, safety or welfare, and does not limit the authority of the City to establish more stringent requirements or siting criteria than those specified in the County Hazardous Waste Management Plan.

(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

§ 17.28.180 Live/Work Units.

A. Purpose and Applicability. The provisions in this section shall apply to live/work units, as defined in Division 7 (Definitions) and where allowed in compliance with Division 2 (Zoning Districts, Allowable Uses, and Development Regulations).

B. Limitations on Use. The nonresidential component of a live/work project shall be a use allowed within the applicable zone in compliance with Division 2 (Zoning Districts, Allowable Uses, and Development Regulations). Specifically, however, a live/work unit shall not be allowed to include any of the following land uses or activities:

1. Vehicle repair and service.

2. Vehicle and equipment maintenance and repair services.

3. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use.

4. Manufacturing or industrial activities, including, but not limited to, welding and machining.

5. Any other activity or use, as determined by the Director, to be incompatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit residents due to the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or would be hazardous because of materials, processes, products, or wastes.

C. Ground Floor Use. Where ground floor commercial uses are required, live/work units shall not exceed 25 percent of the ground floor building area.

D. Design Standards.

1. Floor Area Requirement. A live/work unit shall have a minimum floor area of at least 500 square feet. At least 150 square feet of a live/work unit shall be designated as suitable for workspace and shall measure not less than 15 feet in at least one dimension and no less than 10 feet in any dimension. The area suitable for workspace for each unit shall be clearly demarcated on approved building plans.

2. Separation and Access of Individual Units. Each live/work unit shall be separated from other units and other uses in the building. Access to each unit shall be provided from shop fronts, directly from the sidewalk parallel to the primary or secondary street, or from common access areas, corridors, or halls. The access to each unit shall be clearly separate from other live/work units or other uses within the building. Living space shall be located in the rear ground level or second floor and above to maintain activity and commercial access along the frontage.

3. Location of Living Space—Ground Floor Units. Ground floor live/work units shall designate a minimum of the front 20 feet of the building depth of the unit, as measured from the unit frontage, as area suitable for work space in order to maintain activity and commercial access along the frontage. Dedicated living space may be located be in the rear portion of the ground level, provided the front 20 feet of the unit is designated as suitable for work.

4. Facilities to Accommodate Commercial Activities. A live/work unit shall be designed to accommodate nonresidential uses as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively nonresidential facilities used for the same work activity.

5. Ceiling Height. Ground floor live/work units shall have a minimum floor to ceiling height of 12 feet, measured from top of floor to bottom of ceiling. A mezzanine space shall not be included in the calculation of minimum height for any floor or level.

E. Operating Requirements.

1. Sale or Rental of Portions of Unit. The work portion of a live/work unit may be rented separately from the live portion.

2. Business License Required. At least one business tenant of a live/work unit shall be required to have a business license with the City, issued subject to Title 5 (Business Licenses and Regulations).

3. Non-Resident Employees. The employment of any persons who do not reside in the live/work unit shall comply with all applicable Building Code, Occupational Safety and Health Administration (OSHA), and other State and Federal regulations.

4. Client and Customer Visits. Client and customer visits to live/work units are allowed subject to any applicable conditions of the permit to ensure compatibility with adjacent commercial or industrial uses, or adjacent residentially zoned areas or uses.

(Ord. 19-03 § 3, 2019)

§ 17.28.190 Mobile Food Vending.

A. Purpose and Applicability. The purpose of this section is to ensure that off-street mobile food vending is conducted in a manner compatible with surrounding and adjacent uses and does not create an adverse impact on adjacent properties by reason of noise, parking, or litter. Mobile food vending is also subject to Chapter 5.24 (Food Handling Business).

B. Special Events that Include Mobile Food Vending. The provisions of this section shall not apply to persons operating a mobile vendor vehicle as part of a certified farmers' market, or an authorized street fair or other event occurring under a Temporary Use Permit issued by the City, provided that the vehicle is part of the event and is complying with all terms of the permit or permits issued for the event.

C. Operational Requirements. Mobile vendor vehicles operating on private property shall comply with the following requirements:

1. Written Approval of Owner. The written approval of the owner of the location shall be obtained. A copy of this approval shall be provided to the Director prior to operating at the location. The vendor shall maintain proof of the owner's approval in the vehicle. The person operating the mobile vendor vehicle shall present this proof upon the demand of a peace officer or City employee authorized to enforce this section.

2. Impervious Surface Parking. The vehicle shall only be stopped, standing, or parked on surfaces paved with concrete, asphalt, or another impervious surface.

3. Litter Removal. The mobile vendor vehicle and surrounding property shall be maintained in a safe and clean manner at all times. The mobile food vendor shall remove litter caused by its products from any public and private property within a 25-foot radius of the vending vehicle's location.

4. No Discharge of Liquid. The mobile food vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into City streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the mobile food vendor.

5. Temporary Shade Structures. Temporary shade structures shall be removed whenever the mobile vendor vehicle is not operating.

6. Noise. The mobile food vendor shall be subject to the noise provisions identified in Title 9 (Public Peace and Welfare). The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions. The applicant shall prohibit loitering at the site and shall control noisy patrons on-site and those leaving the premises. No amplified music or loudspeakers shall be allowed.

7. Hours of Operation. No mobile food vending shall operate before 8:00 a.m. or after 10:00 p.m., including set-up and clean-up.

8. Business License Required. The mobile food vendor shall have a valid business license issued by the City subject to Title 5 (Business Licenses and Regulations). As part of its application for a business license, the mobile food vendor shall furnish to the City evidence of insurance, as deemed acceptable in the reasonable discretion of the City, against liability for death or injury to any person as a result of ownership, operation, or use of its vending vehicles.

9. Health Permit Required. The mobile food vendor shall have a valid permit issued by the Orange County Department of Health. All required County Health permits shall be in the possession of the mobile food vendor at all times during which it operates within the City.

10. Fire Department Inspection. All mobile food vendors' vending vehicles shall be inspected and approved by Fire Department prior to issuance of its initial business license and from time to time thereafter in the discretion of the Fire Department. At a minimum, all cooking equipment producing grease laden vapors shall be protected by a UL 300 listed automatic fire extinguishing system. A Class K fire extinguisher shall be provided within each vending vehicle at an accessible location. All fire protection equipment shall be properly maintained and serviced at intervals required by the California Fire Code.

(Ord. 19-03 § 3, 2019)

§ 17.28.200 Outdoor Dining.

A. Purpose and Applicability.

1. The City encourages the use of outdoor dining and seating areas, provided that business operators are mindful of two important considerations: (a) the safety and flow of pedestrian traffic; and (b) the visual appearance of the outdoor dining and/or seating areas. The standards set forth in this section are intended to ensure that outdoor seating is done in a way that is both safe for pedestrians and appropriate for the surroundings.

2. The provisions in this section shall apply to outdoor dining that occurs on private property incidental to an otherwise allowed use, and where allowed in compliance with Division 2 (Zoning Districts, Allowable Uses, and Development Regulations).

3. Outdoor dining may be allowed on private property as an accessory use associated with a legally approved eating and/or drinking establishment upon approval of the required permit.

B. Change in Allowed Use. The size of an allowed outdoor dining area shall not be increased or the arrangement substantially altered unless the Director has reviewed and approved a new application as required under this section.

C. Submittal Requirements. In addition to the submittal requirements of the required application, the applicant shall provide the following:

1. Floor Plan. A diagram showing the layout of the indoor business space, the proposed outdoor dining area with appropriate setbacks indicated.

2. Furniture and Fixtures. The submittal must identify the style, color and materials of all fixtures that will be placed in the outdoor dining area, including, but not limited to, tables, chairs, umbrellas, planters, and barriers.

3. Hold Harmless Agreement. For outdoor dining areas immediately adjacent to the public right-of-way, a hold harmless agreement in a form approved by the City Attorney, releasing the City from any liability related to the outdoor dining area.

D. Development Standards. Permits issued subject to the terms of this section and as required by this title shall conform to all of the following requirements. No permit shall be issued that does not comply with these standards.

1. The outdoor dining area shall not encroach into any required parking lot area, including areas where vehicles may overhang curbs.

2. The outdoor dining area shall not be located or utilized in a manner which causes an obstruction of a public walkway or interferes with the flow of pedestrian or other traffic.

3. The proposed outdoor dining activity shall not interfere with the use of any public walkway by neighboring property owners and tenants.

4. A minimum setback of 200 feet from residential uses shall be maintained, except as may be otherwise approved for mixed-use projects.

5. The outdoor dining area shall maintain the minimum setbacks necessary to maintain the visibility of neighboring businesses to pedestrians and motorists, including visibility of signage.

6. A minimum of four feet of totally unobstructed walkway space shall be maintained around the outdoor dining area, and outdoor dining areas shall not interfere with disabled access.

7. The outdoor dining area shall be kept in a good state of repair and maintained in a clean, safe, and sanitary condition.

8. All fencing, dividers, appurtenances, furnishings, and furniture that occur with an allowed use under this section shall be reviewed and approved by the Director to ensure that they are in keeping with the aesthetic and architectural character of the area and with all approved design guidelines.

9. The outdoor dining area shall not be allowed within 15 feet of any driveway.

10. The hours of operation for incidental outdoor dining areas shall be limited to the hours of operation for the associated indoor dining, unless otherwise authorized in writing by the Director.

11. The incidental outdoor dining area shall comply with Americans with Disabilities Act (ADA) and Title 24 accessibility requirements.

12. The Director may place additional conditions upon the issuance of the permit to ensure the protection of the public walkway, the rights of all adjoining property owners, and the health, safety, and welfare of the public.

E. Alcohol Service.

1. Barriers are only required if alcohol will be served in the outdoor dining area.

2. All areas where alcoholic beverages are served outside must comply with the standards established by the State Department of Alcoholic Beverage Control. Any perimeter fence and/or landscaped planter(s) shall be designed to clearly suggest that alcohol is not allowed outside the seating area.

F. Barrier Design. Barriers, where required or provided, shall comply with the following:

1. Any barrier must be freestanding, without any permanent or temporary attachments to buildings, sidewalks, or other infrastructure.

2. The physical design of the fence, barrier, and/or landscaped planter(s) shall be compatible with the design of the building. Seating area barriers (fences, gates, ropes, etc.) shall be visually appealing and help to separate the seating area from the sidewalk.

3. All barrier material must be maintained in good visual appearance, without visible fading, dents, tears, rust, corrosion, or chipped or peeling paint. A variety of styles and designs are permissible for outdoor dining/seating area barriers, including the following:

a. Sectional Fencing. Sectional fencing is generally defined as rigid fence segments that can be placed together to create a unified fencing appearance. This type of fencing is portable but cannot be easily shifted by patrons or pedestrians, as can less-rigid forms of enclosures. Sectional fencing must be of metal (aluminum, steel, iron, or similar) or of wood construction and must be of a dark color (either painted or stained).

b. Rope and Chain Rails. Rope or chain-type barriers are generally defined as enclosures composed of a rope or chain suspended by vertical elements such as stanchions. These types of barriers are permitted if they meet the following guidelines:

i. The rope or chain must have a minimum diameter of one inch in order to remain detectable by the visually impaired.

ii. Vertical support posts (stanchions, bollards, etc.) must be constructed of wood or metal (aluminum, steel, iron, or similar).

iii. A stanchion or other vertical supporting member that has a base must not be a tripping hazard. The stanchion base shall not be domed and shall not be more than one-half inch above the sidewalk surface.

c. Planters. Planters may be used in addition to or in place of other barrier designs. Planters may be used in situations where no barrier is required to provide added visual interest and create a more attractive and welcoming atmosphere. All planters must have living plants contained within them. Dead plants within the planter must be replaced or the planter removed from public view. Artificial plants, empty planters, or planters with only bare dirt, mulch, straw, woodchips or similar material are not permitted. Seasonal, thematic planter displays are encouraged.

d. Prohibited Materials. Fabric inserts (natural or synthetic) of any size are not permitted to be used as part of a barrier. The use of chain-link, cyclone fencing, chicken wire, or similar material is prohibited. Materials not specifically manufactured for fencing or pedestrian control are prohibited unless they are expressly allowed elsewhere in these guidelines. Materials such as buckets, food containers, tires, tree stumps, vehicle parts, pallets, etc. are not permitted and shall not be used as components of a barrier.

e. Barrier Measurements. To ensure their effectiveness as pedestrian control devices and their ability to be detected by persons with vision impairments, barriers must meet the following measurements:

i. Height. The highest point of a barrier (such as a stanchion) must measure at least 36 inches in height, with the exception of planters.

ii. Maximum Height of Planters and Plants. Planters may not exceed a height of 36 inches above the level of the sidewalk. Plants may not exceed a height of 96 inches (eight feet) above the level of the sidewalk.

iii. Rope/Chain Distance from Ground. In the case of a rope or chain enclosure, the bottom most point on a rope or chain must not exceed 27 inches in height.

iv. Maximum Distance from Ground. All barriers must be detectable to visually impaired pedestrians who employ a cane for guidance. Therefore, the bottom of barriers must be no greater than 27 inches above the sidewalk surface.

v. Open Appearance. Fences or other perimeter enclosures with a height of between 36 inches and 48 inches must be at least 50 percent open (see-through) to maintain visibility of street level activity. Any enclosure over 48 inches high must be at least 80 percent open

vi. Minimum Access Width. Any access opening within the barrier must measure no less than 44 inches in width.

vii. Location. Access openings should be placed in a location that will not create confusion for visually impaired pedestrians. The seating area shall not be placed on landscaped areas.

G. Furniture and Fixtures. To ensure compatibility with surrounding uses and a high standard of design quality, all physical elements associated with an outdoor dining area shall be compatible with the overall design of the main structure. A wide range of furniture styles, colors and materials are permitted. All furniture and fixtures shall be maintained in good visual appearance, without visible fading, dents, tears, rust, corrosion, or chipped or peeling paint. All furniture and fixtures shall be maintained in a clean condition at all times. All furniture and fixtures shall be durable and of sufficiently sturdy construction as not to blow over with normal winds. Furniture and fixtures shall not be secured to trees, lampposts, street signs, hydrants, or any other public street infrastructure by any means, whether during restaurant operating hours or when the restaurant is closed. To ensure a quality visual appearance, the following standards apply to outdoor dining furniture:

1. Tables and Chairs. Tables and chairs need to be functional, not only for patrons, but also for pedestrians, given the limited space available in some areas. Outdoor dining furniture shall also contribute to the overall atmosphere and be complementary in both appearance and quality. Tables shall not be white plastic or any fluorescent or other strikingly bright or vivid color. Upholstered chairs are permitted. Upholstery is not permitted to be of any fluorescent or other strikingly bright or vivid color. All chairs used within a particular establishment's outdoor seating area shall match each other by being of visually similar design, construction. and color.

2. Umbrellas. Appropriately designed and sized umbrellas are permitted subject to the following conditions:

a. Umbrellas must be free of advertisements or product names.

b. All parts of any umbrella (including the fabric and supporting ribs) must be contained entirely within the outdoor seating area.

c. When extended, the umbrella must measure at least seven feet above the surface of the outdoor dining area in order to provide adequate circulation space below. The seven-foot minimum height includes not only the umbrella frame and panels, but also any decorative borders such as fringes, tassels, or other such ornamentation.

d. No part of an umbrella may exceed a height of 10 feet above the surface of the outdoor dining area to avoid an undue visual obstruction of other businesses.

e. Umbrella fabric shall be one solid color and is not permitted to be a fluorescent or other strikingly bright or vivid color.

f. Market-style umbrellas (those designed specifically for patio or outdoor restaurant use) are preferred for outdoor dining purposes. Umbrella fabric shall be of a material suitable for outdoor use and shall be canvas-type. No plastic fabrics, plastic/vinyl-laminated fabrics, or any type of rigid materials are permitted for use as umbrellas within an outdoor seating area.

g. Umbrellas must not contain signage for the restaurant or for any other entity in the form of wording, logos, drawings, pictorial or photographic representations, or any other similar identifying characteristics.

3. Prohibited Furniture. Unless allowed by the conditions of an Administrative Use Permit or Conditional Use Permit, all furniture other than tables, chairs, umbrellas and heaters are prohibited. This includes, but is not limited to, serving stations, bar counters, shelves, racks, sofas, televisions, cooking appliances, and torches.

H. Ground Coverings. The floor of outdoor seating areas shall be uncovered sidewalk material as to provide continuity with the adjacent public sidewalk or private walkway.

I. Signage. Signage is not permitted within an outside dining area except with a valid city permit. No extra or additional signage is permitted solely as a result of having an outdoor dining area.

J. Waste Receptacles. Waste receptacles shall be provided in outside seating areas for quick-serve establishments (typically using disposable utensils) and/or when table service is not provided. Waste receptacles shall not otherwise be placed in outside seating areas when table service is provided unless required by the Director.

K. Entertainment. Outdoor seating areas that include dancing, entertainment, or amplified music require the preparation of a noise analysis with the appropriate mitigation measures. Outdoor entertainment requires a separate application from the City.

L. Parking Requirements. Parking shall be provided as set forth in Chapter 17.22 (Parking and Loading).

M. Compliance with Other Laws.

1. If any of the standards listed above are found to be inconsistent with the Americans with Disabilities Act (ADA) or California Building Code (CBC) requirements, the ADA and/or CBC standards shall apply.

2. To the extent any requirements of the ABC are more stringent than the standards listed above for restaurants serving alcohol, the ABC requirements shall apply.

N. Temporary Suspension. The use which is allowed under this section may be temporarily suspended, subject to written notice, when, in the opinion of the Director, such use may interfere with the rights, health, welfare, or safety of the neighboring property owners and the others using the area.

(Ord. 15-12 § 4, 2015; Ord. 19-03 § 3, 2019)

§ 17.28.210 Outdoor Display and Retail Activities.

A. Purpose and Applicability. This section provides development and operational standards for temporary and permanent outdoor display and sales that may be associated with the operation of retail establishments or of commercial centers in which retailers conduct their retail sales activities as defined by Chapter 17.74 (Definitions). Outdoor uses on public property within the public right-of-way shall require an Encroachment Permit.

B. Standards for Temporary Outdoor Displays and Sales. Temporary outdoor displays and sales may be allowed subject to the requirements and approval of a Temporary Use Permit (Chapter 17.46).

C. Standards for Permanent Outdoor Displays and Sales. Permanent outdoor displays and sales of merchandise may be allowed subject to the requirements and approval of a Conditional Use Permit and in compliance with the following standards:

1. Height of Displayed Materials. The outdoor display of merchandise shall not exceed a height of 10 feet above finished grade.

2. Location of Merchandise. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces, or pedestrian walkways. Displays shall not obstruct traffic sight areas or otherwise create hazards for vehicle or pedestrian traffic. Displays, storage, or placement of items, goods, or merchandise for sale or use in connection with a business shall not be allowed within a court.

3. Relationship to Primary Use. The outdoor display and sales area shall be directly related to a business occupying a primary structure on the subject lot.

4. Signs. Additional signs, beyond those normally allowed for the subject use, shall not be allowed as a result of the outdoor display and sales area.

5. Operating Hours. The hours of operation shall be restricted to 8:00 a.m. to 10:00 p.m. if within 300 feet of a residential zoning district, or as identified in a permit.

6. Waste Collection and Disposal. Solid, hazardous, and toxic waste collection, recycling, and/or disposal shall be provided.

7. Other Conditions. Any other conditions that would ensure that the proposed use will be operated in an orderly and efficient manner shall be required.

(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

§ 17.28.220 Outdoor Storage.

A. Purpose and Applicability. This section provides standards for the establishment of outdoor storage areas where allowed in compliance with Division 2 (Zoning Districts, Allowable Uses, and Development Regulations).

B. Development Requirements.

1. Screening. Outdoor storage areas shall be screened from adjoining properties and public rights-of-way through all of the following:

a. Use of decorative walls, fences, solid gates, and/or landscaping.

b. Screening shall be provided to a height of at least one foot above the height of the materials being stored.

2. Storage Setback Area. Outdoor storage areas shall not encroach into required setback areas. In zones where no setback area is required, the outdoor storage area shall be set back a minimum of 10 feet from adjoining property line(s) unless otherwise allowed by a Conditional Use Permit.

(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

§ 17.28.230 Recycling Facilities.

A. Applicability. Recycling facilities may be allowed in the commercial and industrial zones subject to the provisions in this section.

B. Reverse Vending Machines Requirements.

1. Reverse vending machines located outside a commercial structure shall be established in conjunction with a commercial use or community service facility that is in compliance with the zoning, building, and fire codes of the City. Reverse vending machines shall only be allowed for beverage container convenience zone collection centers, subject to an Administrative Use Permit.

2. Reverse vending machines shall be located within 30 feet of the entrance to the commercial structures and shall not obstruct pedestrian or vehicular circulation.

3. Reverse vending machines shall not be located within 500 feet of a residential use.

4. Reverse vending machines shall be constructed and maintained with durable, waterproof, and rustproof material and maintained in a clean, litter-free condition on a daily basis.

5. Reverse vending machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

6. Reverse vending machines located within a commercial structure do not require discretionary permits.

C. Small Collection Facilities Requirements.

1. Small collection facilities shall be established only in conjunction with an existing commercial or community service facility that complies with the planning, building, and fire codes of the City.

2. Small collection facilities shall be no larger than 500 square feet, not including space that will be periodically needed for removal of materials or exchange of containers.

3. One parking space shall be required for the attendant.

4. Occupation of parking spaces by the facility and the attendant may not reduce the available parking spaces below the minimum number required for the primary use.

5. Additional parking spaces shall not be required for customers of a small collection facility located in an established parking lot.

6. Small collection facilities shall be set back at least 10 feet from property lines and shall not obstruct pedestrian or vehicular circulation.

7. Small collection facilities shall accept only glass metals, plastic containers, papers, and reusable items. Used motor oil containers may be accepted with the approval of the local Public Health Official.

8. Small collection facilities shall use no power-driven processing equipment, except for reverse vending machines.

D. Container Requirements.

1. Containers shall be used that are constructed and maintained with durable waterproof and rustproof materials, covered when the site is not attended, secured from unauthorized entry or removal of material, and of a capacity sufficient to accommodate materials collected and collection schedule.

2. Recyclable material shall be stored in containers or in the mobile unit vehicle, and materials shall not be left outside of containers when the attendant is not present.

3. The site shall be maintained free of litter and other undesirable materials. Mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day.

4. Attended facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours between 9:00 a.m. and 7:00 p.m.

5. Containers for the 24-hour donation of materials shall be at least 100 feet from any property zoned or occupied for residential use unless there is acoustical shielding between the containers and the residential use that, in the opinion of the Director, provides adequate shielding for noise impacts.

6. Containers shall be clearly marked to identify the type of material which may be deposited.

7. The facility shall be marked clearly to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers.

(Ord. 688 § 1, 2006; Ord. 16-05 § 2, 2016; Ord. 19-03 § 3, 2019)

§ 17.28.240 Schools—Private.

In addition to other provisions of this Zoning Code, all of the following requirements shall apply to private academic schools:

A. Side setbacks: minimum 10 feet.

B. Fences shall be constructed and maintained as required by the entitlement permit.

C. Minimum play area: 100 square feet per child.

(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

§ 17.28.250 Senior Citizen Housing.

A. Applicability. Senior citizen housing projects and residential care facilities shall be subject to the standards in this section.

B. Development Requirements.

1. Parking. Off-street parking shall be provided for each project in compliance with the standards in Chapter 17.22 (Parking and Loading).

2. Compliance with Zone Development Standards. At a minimum, proposed developments shall comply with the applicable zone regulations relative to structure setbacks, lot coverage, landscaping, and other development standards.

3. Different Abutting Uses. New projects proposed on property abutting lots that are zoned or developed commercially or industrially shall include specific measures approved by the Planning Commission to mitigate potential impacts from adjacent uses.

4. Sound Attenuation Measures. Sound attenuation measures shall be provided for new senior housing projects that comply with State requirements for residential occupancy.

5. Dwelling Unit Density. For senior housing developments in a residential zone, the density standards of that zone shall apply. For senior housing developments and residential care facilities in all other zones, where such uses are permitted, no density limit shall apply.

6. Dwelling Unit Size. Minimum and maximum dwelling unit size shall be governed by the Uniform Building Code and Department of Housing and Urban Development regulations. The Planning Commission may increase these standards upon review of the proposed occupancy and on-site amenities.

(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

§ 17.28.260 Single Room Occupancy Units.

A. Purpose. This section identifies development standards for single room occupancy (SRO) units.

B. Development Standards.

1. Each room shall have a minimum floor area of 150 square feet and a maximum floor area of 350 square feet.

2. Dwelling units shall be offered for rent on a monthly basis or longer.

3. An SRO unit shall accommodate a maximum of two persons.

4. Each SRO development shall provide a minimum common area of 10 square feet for each unit or 250 square feet, whichever is greater. All common areas shall be within the structure. Dining rooms, meeting rooms, recreational rooms, or other similar areas approved by the Development Services Director may be considered common areas. Shared bathrooms, kitchens, janitorial storage, laundry facilities, common hallways, and other similar types of areas shall not be considered as common areas.

5. If a full kitchen is not provided in each SRO unit, common kitchen facilities shall be provided in the development. A full kitchen includes a sink, refrigerator, and a stove, range top, and/or oven.

6. Each SRO unit shall have a private toilet in an enclosed compartment with a door and a sink (not including a kitchen sink, if any). The compartment shall be a minimum of 15 square feet. If private bathing facilities are not provided for each unit, shared shower or bathtub facilities shall be provided in compliance with the most recent edition of the California Building Code for congregate residences. However, in no event shall there be less than one full shower or bathtub for every three units, and shower and bathtub facilities shall be located on each floor. Shared shower and bathtub facilities shall be accessible from a common area or hallway and shall be provided with an interior lockable door.

7. Each SRO unit shall have a separate closet.

8. Laundry facilities shall be provided in a separate room at the ratio of one washer and dryer for every 10 units.

9. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor.

10. A resident manager shall be required. A written management plan addressing, at a minimum, staff training, identification process, neighborhood outreach, pet policy, safety, security, client intake, loitering control, referral services, outdoor activities, storage, refuse control, and facility maintenance shall be approved by the Director of Community Development. The management plan may be reviewed as needed by the City with revisions made by the operator.

11. An SRO development shall not be located within 300 feet of another SRO development.

(Ord. 13-04 § 7, 2013; Ord. 19-03 § 3, 2019)

§ 17.28.265 Swimming Pools.

A. Location.

1. Swimming pools in the R-1, R-2, and R-3 zones shall be constructed on the rear one-half of the parcel or 50 feet from the front property line, whichever is the less, or unless a different location is approved by the Director.

2. Swimming pools shall not be located closer than five feet from any rear or side parcel line.

3. On the street side of any corner parcel, where the rear parcel line abuts a side parcel line, the pool shall not be located closer than 10 feet from the side parcel line.

4. Filter and heating systems for swimming pools, spas, Jacuzzis, and hot tubs shall not be located closer than 15 feet to any dwelling other than the dwelling on which the pool is located.

B. Parcel Coverage. Swimming pools shall not occupy more than 40 percent of the required rear setback. Coverage by a swimming pool shall not be considered in measuring maximum parcel coverage.

C. Enclosure Required. Swimming pools, spas, Jacuzzis, and hot tubs shall be completely enclosed by a fence at least five feet in height, and gates shall be self-closing and self-latching.

(Ord. 19-03 § 3, 2019)

§ 17.28.270 Wireless Communications Facilities.

A. Purpose and Intent. The purpose of this section is to regulate the installation of antennas and other wireless communications facilities consistent with Federal law. The City acknowledges the community benefit associated with the provision of wireless communications service and potential public benefit from leasing of publicly owned properties. It is also recognized that unrestricted installations are contrary to the City's efforts to promote safety and aesthetic considerations. It is not the intent of this section to unreasonably limit the reception or transmission of signals or to add excessive permit costs. Rather, it is the intent of this section to permit antennas and wireless communications facilities where they can be installed without creating adverse safety and aesthetic impacts on abutting and nearby properties and the overall community.

B. Definitions. Terms unique to this section are contained in Chapter 17.74 (Definitions).

C. Applicability. Wireless telecommunication facilities that are erected, located or modified within the City shall comply with the requirements of this chapter unless exempt pursuant to the provisions of subsection D of this section. This chapter shall also apply to facilities for which building permits and an extension have expired.

D. Exemptions. The following wireless communications facilities are exempt from the requirements of this section and are subject to compliance with other provisions of the Municipal Code:

1. A wireless communications facility shall be exempt from the provisions of this section if and to the extent that a permit issued by the California Public Utilities Commission (CPUC) or the rules and regulations of the Federal Communications Commission (FCC) specifically provide that the antenna is exempt from local regulation.

2. Satellite earth station (SES) antennas which are two meters (6.5616 feet) or less in diameter or in diagonal measurement, located in any nonresidential zone. In order to avoid the creation of an attractive public nuisance, mitigate accidental tripping hazards, and maximize stability of the structure, such antennas shall be placed whenever possible on top of buildings and as far away as possible from the edges of rooftops.

3. Parabolic antennas, direct broadcast satellite (DBS) antennas, and multipoint distribution service (MDS) antennas which are one meter (3.2808 feet) or less in diameter or diagonal measurement and Television Broadcast Service (TVBS) antennas, so long as said antennas are located entirely on private property and are not located within the required front setback area. This locational requirement is necessary to ensure that such antenna installations do not become attractive nuisances and/or result in accidental tripping hazards if located adjacent to a street or other public right-of-way.

4. Antenna structures designed to receive broadcast satellite service, AM/FM radio signals, UHF/VHF radio signals, or multipoint distribution service ("MDS") ("wireless cable") as defined by the Federal Communications Commission.

5. Amateur radio antenna structures provide a valuable and essential telecommunication service during periods of natural disasters and other emergency conditions and are therefore exempt from permit provisions of this section in compliance with the following standards:

a. Height Limits. In residential zones, the height limit shall be 45 feet. In nonresidential zones, the height limit is 60 feet. However, amateur radio antennas in any district may extend to a maximum height of 75 feet, provided that the tower is equipped with a lowering device (motorized and/or mechanical) capable of lowering the antenna to the maximum allowed height when not in operation.

b. Location Parameters. All antenna structures shall be located outside of required front and street side setback areas. Antenna structures shall also be set back a minimum distance of five feet from interior property lines. If any portion of the antenna overhangs any property line, an Administrative Use Permit is required to obtain the authorized signature of all affected property owners on the required application form.

c. Tower Safety. All ground-mounted antennas shall be located within an enclosed fenced area or have a minimum five-foot-high tower shield at the tower base to prevent climbing. All active elements of antennas shall have a minimum vertical clearance of eight feet.

E. Co-Location Facilities. Co-location facilities that have been granted a valid permit from the designated review authority are exempt from the requirements of this section if they meet on all of the following requirements:

1. Such co-locations shall not increase the height of the tower as previously approved, nor shall they include any new equipment beyond the physical enclosure(s) of the prior approval(s);

2. Improvements to existing wireless facilities that deviate from the prior approval or result in new visual or noise impacts as determined by the Director shall require new permits; and

3. Development of the facility may be phased without being required to obtain additional Site Development Permit—Minor for each antenna or service located on the structure, provided that the maximum height of the structure(s), the location of the structure(s), and design of the structure(s) are consistent with the approved permit.

F. Application Requirements. In addition to the application materials required for an Administrative Use Permit or Conditional Use Permit, the following information shall be provided for a wireless communications facility:

1. A map showing the location of existing facilities within the City limits that are currently used by the operator of the proposed facility, whether or not the facilities are subject to the requirements of this chapter, along with a brief narrative describing each facility.

2. A written description demonstrating how the facilities will comply with screening and site selection criteria set forth in this section.

G. Conditions. The designated review authority may impose conditions on wireless communications facility applications to ensure compliance with all provisions and purposes of this section.

H. Findings for Approval. The review authority may approve or conditionally approve a permit for a wireless communications facility only upon making the following written findings based on substantial evidence in the record.

1. All of the following findings are required for the approval of an Administrative Use Permit or Conditional Use Permit for any wireless communications facility:

a. The establishment or expansion of the facility demonstrates a reasonable attempt by the applicant to minimize stand-alone facilities.

b. All applicable development standards in this section have been met, or, if the application includes a request for an exception to those standards, then the review authority finds that lack of compliance with the development standards would not create adverse visual, noise, or aesthetic impacts to adjacent property.

2. Findings for the establishment of a wireless communications facility that is not co-located with other existing or proposed facilities or a new freestanding pole or tower (at least one finding required):

a. Co-location is not reasonably feasible;

b. Co-location would have greater adverse effects on views, noise or aesthetics as compared with a stand-alone installation; or

c. Co-location is not allowed by the property owner.

I. Findings for Denial. Findings to deny any permit for a wireless communications facility as regulated by the Municipal Code shall be done in writing and supported by substantial evidence contained in the written record. Denial shall not be based on the environmental effects of radio frequency emissions that comply with the Federal Communications Commission emission regulations.

J. Development Standards, General. Unless otherwise exempt subject to subsection D (Exemptions), the following general development standards shall apply to all wireless communications facilities:

1. All wireless communications facilities shall comply with all applicable requirements of the current uniform codes as adopted by the City and shall be consistent with the General Plan and Municipal Code, as well as other standards and guidelines adopted by the City.

2. Facilities shall not bear signs or other advertising devices other than certification, warning, or other seals or signage required by law.

3. Accessory equipment associated with operation of the facility shall be located within a structure, enclosure, or underground vault that complies with the development standards of the zoning district in which the accessory equipment is located. If the equipment is to be located above ground, it shall include sufficient landscaping that is planted and continuously maintained to screen the structure from view from public rights-of-way and adjacent properties.

K. Major Facilities—Additional Development Standards. In addition to the general development standards in subsection J, above, major facilities shall comply with the following standards:

1. Major facilities shall not be located within 200 feet of a property containing a residential structure. For the purposes of this provision, distance shall be measured in straight line without regard to intervening structures from the nearest point of the proposed major facility to the nearest relevant property line.

2. No major facility shall be located within 500 feet of another existing, legally established major facility unless co-located on the same structure.

3. Lattice towers shall not be allowed.

4. The applicant shall use the smallest and least visible antennas possible to accomplish the owner/operator's coverage objective.

5. A visual impact analysis is required to demonstrate how the proposed facility will appear from public rights-of-way.

6. Major facilities shall not exceed the maximum structure height for the zoning district in which it is located. For the purposes of this subsection, height shall be measured from the ground to the tallest part of the facility. The Commission may grant a higher structure height if the Commission can make the following findings:

a. The Commission has reviewed the alternative options provided by the applicant and staff, including but not limited to additional and/or different locations and designs, and has determined that the proposed location has a lesser impact on the aesthetics and welfare of the surrounding community compare to other alternatives; and

b. Based on the documented evidence presented, the additional height above the maximum structure height is reasonably necessary for co-location of facilities or for the efficient and technologically necessary operation of the proposed facility.

L. Minor Facilities—Additional Development Standards. In addition to the general development standards in subsection J, above, and other provisions of the Los Alamitos Municipal Code, all minor facilities shall comply with the following standards:

1. A minor facility shall not exceed the maximum height for the zoning district in which it is located.

2. All screening and stealth features shall be well integrated into the design of the buildings and/or sites on which they are located in terms of architecture, materials, colors, building textures, and landscape palette.

M. Facility Removal.

1. Abandonment. A wireless communications facility that is inoperative or unused for a period of six continuous months shall be deemed abandoned. Upon reasonable suspicion of abandonment, the City shall provide a preliminary notice of abandonment to the operator of the facility and the owner(s) of the premises upon which the facility is located. The preliminary notice of abandonment may be delivered in person or mailed to the address(es) stated on the facility permit application and shall be deemed given at the time delivered or placed in the mail.

2. Removal of Abandoned Facility.

a. Within 30 days after preliminary notice of abandonment is given, the operator of the facility and the owner(s) of the property on which it is located shall either: (i) remove the facility and restore the premises; or (ii) provide the Department with written objection to the City's preliminary notice of abandonment and submit a request for administrative hearing to reconsider the abandonment. If after this time the facility is not properly removed or the City does not receive an objection to its preliminary notice of abandonment and request for administrative hearing, the Director may make a determination of abandonment and provide notice in the same manner as the preliminary notice of abandonment.

b. If the City receives a timely written objection to the preliminary notice of abandonment and a request for administrative hearing, the Director shall schedule an administrative hearing to commence within 15 days of receiving the objection. At the time and place scheduled for the administrative hearing, the operator of the facility or the owner(s) of the property on which it is located may present documents and other evidence that the facility was in use during the relevant six month period and that it is presently operational. The Director shall review the evidence, determine whether or not the facility was properly deemed abandoned, and make a determination of abandonment or a finding of continued use and provide notice in the same manner as provided for the preliminary notice of abandonment.

3. Removal by City. If the facility is not properly removed following 30 days after the determination of abandonment, the facility shall be deemed a public nuisance and may be abated in compliance with Chapter 8.32 of the Los Alamitos Municipal Code.

(Ord. 688 § 1, 2006; Ord. 19-02 § 3, 2019; Ord. 19-03 § 3, 2019)

§ 17.28.280 Wireless Communications Facilities—Small.

A. Purpose. The purpose and intent of this chapter is to:

1. Provide a uniform and comprehensive set of regulations and standards for the permitting, development, siting, installation, design, operation, and maintenance of small wireless facilities in the City, including within the public right-of-way.

2. Establish clear local guidelines, standards, and time frames for the excise of local authority with respect to the regulation of small wireless facilities in the City, including within the public right-of-way.

3. Impose clear and reasonable requirements so that applications for small wireless facilities will be processed in a consistent and prompt manner. Particularly, this chapter imposes requirements that are necessary to protect public health and safety, community welfare, visual resources, and provide for the orderly, managed, and efficient development of small wireless facilities in accordance with state and Federal laws, rules, and regulations.

4. Provide for the orderly, managed, and efficient development of small wireless facilities in accordance with the state and Federal laws, rules, and regulations and permit and manage reasonable access to the public right-of-way for telecommunications purposes on a competitively neutral basis.

5. Enable the City to discharge its public trust consistent with rapidly evolving Federal and state regulatory policies, industry competition, and technological development through the encouragement of advanced and competitive telecommunications services on the widest possible equivalent basis to the businesses, institutions, and residents of the City while continuing to fairly and responsibly protect the public health, safety and welfare.

6. Promote and protect public health and safety, community welfare, visual resources, and the aesthetic quality of the City consistent with the goals, objectives and policies of the General Plan.

7. Conserve the limited physical capacity of the public rights-of-way held in public trust by the City.

8. Assure that the City's current and ongoing costs of granting and regulating private access to and use of the public right-of-way are fully paid by the persons seeking such access and causing such costs and secure fair and reasonable compensation to the City and the residents of the City for permitting private use of the public right-of-way.

9. This chapter is not intended nor shall it be interpreted or applied to: (a) prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services; (b) prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules or regulation for rights-of-way management; (c) unreasonably discriminate among providers of functionally equivalent services; (d) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC's regulations concerning such emissions; (e) prohibit any collocation or modification that the City may not deny under Federal or State law; or (f) otherwise authorize the City to preempt any applicable Federal or State law.

B. Applicability. Notwithstanding any provision of this Code to the contrary, this chapter shall govern all applications for small wireless facilities in the City.

C. Required Approvals.

1. Small Wireless Facility Permit Required. A small wireless facility permit shall be required to locate or modify any small wireless facility in the City, including, without limitation, within any public right-of-way. No small wireless facility shall be located or modified within the City on any property, including the public right-of-way, without the issuance of a small wireless facility permit as required by this chapter.

2. Action by Development Services Director.

a. The Director shall have the authority to approve, approve with conditions, or deny any application for a small wireless facility permit.

b. Following the receipt of a complete application, and within the mandatory timeframes for processing small wireless facility applications established by the FCC, the Director shall issue a written determination as to the approval, conditional approval, or denial of the application. The written determination shall state the findings in support of the Director's decision.

c. Except as otherwise provided in this chapter, the provisions of Chapter 17.40 (Applications, Processing, and Fees) of this Code shall govern the process and procedures for the preparation, filing, initial processing, and review of applications for a small wireless facility permit.

3. Permit for Improvements in the Public Right-of-Way. Each applicant for a small wireless facility permit pursuant to this chapter proposed for location in or on any public right-of-way within the City shall also submit an application for a permit for improvement in the public right-of-way pursuant to the provisions of Section 12.08.030 of this Code. The application for such permit shall be processed, reviewed, and approved concurrently with the application for a small wireless facility permit pursuant to the provisions of this chapter.

4. Non-Exclusive Grant. Any administrative approval granted under this chapter shall not confer any exclusive right, privilege, license, or franchise to occupy or use the public right-of-way of the City for delivery of telecommunications services or any other purposes.

5. Application Content. All applications for a small wireless facility permit required by this chapter and all required submittals must be made in writing by the applicant or the applicant's authorized agent on such form as the Director may prescribe, which shall include the information specified in this subsection in addition to all other information determined necessary by the Director.

a. Full name and contact information for the small wireless facility owner, small wireless facility operator, agent (if any), and property owner, and related letter(s) of authorization from the small wireless facility owner and/or property owner.

b. A full written description of the proposed small wireless facility, including its purpose and specifications.

c. A detailed site and engineering plan of the proposed small wireless facility containing the exact proposed location of the small wireless facility, and any existing wireless facilities within a 500-foot radius of the proposed location, in accordance with requirements set by the Director.

d. Photographs of all proposed small wireless facility equipment and an accurate visual impact analysis with photo simulations, including reasonable line-of-sight locations from public streets, nearby vicinity, or other adjacent viewpoints as may be required by the Director and a map that shows the photo location of each view angle.

e. Building elevations and roof plan (for building-and/or rooftop-mounted facilities) indicating exact location and dimensions of equipment proposed. For freestanding facilities, indicate surrounding grades, structures, and landscaping from all sides.

f. Proposed landscaping and/or nonvegetative screening (including required safety fencing) plan for all aspects of the small wireless facility.

g. Written documentation demonstrating a good faith effort to locate the proposed small wireless facility in the least intrusive location and screened to the greatest extent feasible in accordance with the site selection and visual impact criteria of this chapter.

h. If the application is for a small wireless facility that will be located within the public right-of-way, the applicant shall state the basis for its claimed right to enter the right-of-way, and provide a copy of its certificate of public convenience and necessity (CPCN), if a CPCN has been issued by the California Public Utilities Commission.

i. A written description identifying the geographic service area for the subject facility.

j. The applicant shall submit evidence from the equipment manufacturer that the ambient noise emitted from all proposed equipment will not, both individually and cumulatively, exceed the applicable noise limits as found in Chapter 17.24 of this Code.

k. An application and processing fee in an amount equal to the maximum recommended fee amount as identified and periodically adjusted by the FCC or as established by the City Council by resolution for the estimated cost of the City, including staff time, and all other costs of whatever type or variety, incurred for the processing, review, commenting upon, evaluation, hearing, and consideration of the small wireless facility application.

l. A siting analysis which identifies a minimum of five other feasible locations within or outside the City which could serve the area intended to be served by the small wireless facility, unless the applicant provides compelling technical reasons for fewer than the minimum. The alternative site analysis should include at least one collocation site, if feasible.

m. A radio-frequency (RF) exposure compliance report prepared and certified by an RF engineer licensed by the State of California that certifies that the proposed facility, as well as any collocated facilities, will comply with applicable Federal RF exposure standards and exposure limits. The RF report must include the actual frequency and power levels (in watts effective radio power (ERP)) for all existing and proposed antennas at the site and exhibits and show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site.

n. Every applicant applying for authorization to construct, modify, or remove a small wireless facility located on private property must include with its application a written authorization signed by the property owner.

o. Any other studies or information as determined to be necessary by the Director in order to consider an application for a small wireless telecommunications facility may be required.

D. Design and Development Standards for Small Wireless Facilities. The following design and development standards set forth in this section apply to all small wireless facilities in the City:

1. Design and Development.

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

b. A small wireless facility shall not be located within any portion of the public right-of-way interfering with access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures, or any other vital public health and safety facility.

2. Noise Restrictions and Requirements.

a. Small wireless facilities shall be operated in a manner to minimize any adverse impacts caused by noise.

b. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 5:00 p.m. and 8:00 a.m.

c. At no time shall equipment noise from any small wireless facility exceed the applicable noise levels as established under Chapter 17.24 of this Code.

3. Aesthetics.

a. The applicant shall use screening and camouflage design techniques in the design and placement of small wireless facilities to ensure such facilities are as visually inconspicuous as possible.

b. Small wireless facilities shall not bear any signs or advertising devices other than certification, warning, or other signage required by law or permitted by the City.

c. Small wireless facilities shall not be illuminated unless specifically required by the Federal Aviation Administration, the FCC, or other government agency.

4. Minimum Spacing.

a. Facilities shall be sited at least 100 feet away from other facilities to avoid cluttering.

b. Collocated facilities on the same structure or the replacement of preexisting facilities shall not be required to meet the minimum spacing standard in subsection (D)(1) with respect to one another.

5. Undergrounding.

a. To preserve community aesthetics, all small wireless facilities, excluding antennas, aboveground vents and the smallest possible electrical meter boxes, shall be placed within an underground vault, flush to the finished grade, whenever there are no physical or site constraints to make an underground vault infeasible, except as may be determined by the Director.

b. When above-ground is the only feasible location for a particular type of accessory equipment and when such accessory equipment cannot be pole-mounted, such accessory equipment shall be enclosed within a structure, and shall not exceed a height of five feet and a total footprint of 15 square feet, and shall be screened and camouflaged to the fullest extent possible, including the use of landscaping or alternate screening. Required electrical meter cabinets shall be adequately screened and camouflaged.

c. Infeasibility under this subsection shall not be demonstrated by mere cost to construct an underground vault or place the equipment within the vault.

d. Where it can be demonstrated that undergrounding of equipment is infeasible due to conflict with other utilities or conflict with being able to provide personal wireless service, the Director may approve alternative above-grade equipment.

6. Modification. At the time a small wireless facility is modified, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise, and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities.

7. Poles.

a. Only pole-mounted small wireless facilities shall be permitted in the right-of-way. All poles shall be designed to be the minimum functional height and width required to support the proposed small wireless facility installation and meet FCC requirements.

b. Notwithstanding the above, no facility shall be located on a pole that is less than 23 feet in height and no facility shall exceed 50 feet in height, including, but not limited to, the pole and any antenna that protrudes above the pole.

c. If an applicant proposes to replace a pole to accommodate the small wireless facility, the replacement pole shall match the appearance of the original pole to the extent feasible, unless the Director finds that another design accomplishes objectives of this subsection.

8. Antennas.

a. The applicant shall use the least visible antennas as possible.

b. Each antenna associated with any deployment, excluding associated antenna equipment, shall be no more than three cubic feet in volume. All other wireless equipment associated with the small wireless facility, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the small wireless facility, shall be no more than 28 cubic feet in volume.

c. Pole mounted equipment, including antenna equipment, shall be designed to occupy the least amount of space in the right-of-way that is technically feasible.

d. All antenna mounts shall be designed so as not to preclude possible future collocation by the same or other operators.

e. The small wireless facility shall be mounted on structures 50 feet or less in height, including their antennas, or mounted on structures no more than 10 percent taller than other adjacent structures, or does not extend existing structures on which it is located to a height of more than 50 feet or by more than 10 percent, whichever is greater.

9. Operation and Maintenance.

a. Small wireless facilities shall be maintained in good working order and condition and shall be fully operable at all times.

b. Small wireless facilities shall be free and clean of general dirt and grease; chipped, faded, peeling, and cracked paint; rust and corrosion; cracks, dents, and discoloration; missing, discolored, or damaged artificial foliage or other camouflage; graffiti, bills, stickers, advertisements, litter and debris; and damaged structural parts.

10. Security Measures.

a. Small wireless facilities may incorporate reasonable and appropriate security measures, such as fences, walls, and anti-climbing devices, to prevent unauthorized access, theft, and vandalism.

b. Security measures must be designed to enhance concealment to the maximum extent feasible.

c. Security measures shall not include barbed wire, razor ribbon, electrified fences, or any similar security measures.

11. ADA Compliance. Small wireless facilities shall be built in compliance with the Americans with Disabilities Act.

E. Conditions of Approval for Small Wireless Facilities. In addition to compliance with the requirements of this chapter, approval of small wireless facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the Director:

1. Before the permittee submits any application for a building permit or other permits required by this Code, the permittee must incorporate the small wireless facility permit granted under this chapter, all conditions associated with the small wireless facility permit and the approved plans and any photo simulations (the "Approved Plans") into the project plans. The permittee must construct, install, and operate the small wireless facility in strict compliance with the Approved Plans. The permittee shall submit an as built drawing within 90 days after installation of the facility.

2. Where feasible, as new technology becomes available, the permittee shall:

a. Place above ground facilities below ground, including, but not limited to, any accessory equipment that has been mounted to a small wireless facility or pole or mounted on the ground; and

b. Replace larger, more visually intrusive facilities with smaller, less visually intrusive facilities, after receiving all necessary permits and approvals required pursuant to this Code.

3. The permittee shall submit and maintain current at all times basic contact and site information on a form to be supplied by the Director. The permittee shall notify the Director of any changes to the information submitted within seven days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to, the following:

a. Identity, including the name, address, and 24-hour local or toll-free contact phone number of the permittee, the owner, the operator, and the agent or person responsible for the maintenance of the small wireless facility.

b. The legal status of the owner of the small wireless facility, including official identification numbers and FCC certification.

c. Name, address, and telephone number of the property owner if different than the permittee.

4. The permittee shall not place any small wireless facility that will deny access to, or otherwise interfere with, any public utility, easement, or right-of-way located on the site. The permittee shall allow the City reasonable access to, and maintenance of, all utilities and existing public improvements within or adjacent to the site, including, but not limited to, pavement, trees, public utilities, lighting and public signage.

5. At all times, all required notices and signs shall be posted on the site as required by the FCC and California Public Utilities Commission, and as approved by the City. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.

6. At all times, the permittee shall ensure that the small wireless facility complies with the most current regulatory and operational standards including, but not limited to, radio frequency emissions standards adopted by the FCC and antenna height standards adopted by the Federal Aviation Administration.

7. All conditions of approval shall be binding as to the applicant and all successors in interest to permittee.

F. Additional Conditions of Approval for Small Wireless Facilities in the Public Right-of-Way. In addition to compliance with the requirements of this chapter, including, without limitation, the terms and conditions set forth in an approved permit for improvement in the public right-of-way, the approval of small wireless facilities in the public right-of-way shall be subject to each of the conditions of approval set forth in this section and any modification of these conditions or additional conditions of approval deemed necessary by the Director:

1. The small wireless facility shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the Director for the purpose of: (a) protecting the public health, safety, and welfare; (b) preventing interference with pedestrian and vehicular traffic; and (c) preventing damage to the public right-of-way or any property adjacent to it.

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

3. The permittee shall assume full liability for damage or injury caused to any property or person by the small wireless facility. The permittee of any administrative or discretionary land use entitlement permit required under the provisions of this chapter shall indemnify, defend, and hold the City, its officers, agents, employees, and representatives (indemnitees), harmless from and against any and all loss, damage, liability, claim, demand, suit, cost, and expense whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected with the issuance of any such permits or approvals and/or the installation, construction, maintenance, use, or operation of the work contemplated on private property, City property, or the public right-of-way for said permits, regardless of whether the indemnitees reviewed and approved any plans or inspected any work or improvement, including any encroachment, and regardless of whether such maintenance, repair, replacement, or condition was affected or caused by the indemnitees, except as provided by law

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

5. Should any utility company offer electrical service that does not require the use of a meter cabinet, the permittee shall at its sole cost and expense remove the meter cabinet and any related foundation within 30 days of such service being offered and reasonably restore the area to its prior condition.

6. The permittee shall modify, remove, or relocate its small wireless facility, or portion thereof, without cost or expense to City, if and when made necessary by:

a. Any public improvement project, including, but not limited to, the construction, maintenance, or operation of any underground or aboveground public infrastructure including but not limited to sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by City or any other public agency;

b. Any abandonment of any street, sidewalk, or other public facility;

c. Any change of grade, alignment or width of any street, sidewalk or other public facility; or

d. A determination by the Director that the small wireless facility has become incompatible with public health, safety or welfare or the public's use of the public right-of-way.

7. Any modification, removal, or relocation of the small wireless facility shall be completed within 90 days of written notification by the Director unless exigencies dictate a shorter period for removal or relocation. Modification or relocation of the small wireless facility shall require submittal, review, and approval of a permit amendment pursuant to this Code. The permittee shall be entitled, on permittee's election, to either a pro-rata refund of fees paid for the original permit or to a new permit, without additional fee, at a location as close to the original location as the standards set forth in this Code allow. In the event the small wireless facility is not modified, removed, or relocated within said period of time, the City may cause the same to be done at the sole cost and expense of permittee. In the event of exigent circumstances, as determined by the Director, the City may modify, remove, or relocate small wireless facilities without prior notice to permittee provided permittee is notified within a reasonable period thereafter.

G. Findings. Approval of a small wireless facility permit for a small wireless facility that will be located in the public right-of-way may be granted only if the following findings are made by the Director:

1. The applicant has provided substantial written evidence supporting the applicant's claim that it has the right to enter the public right-of-way pursuant to State or Federal law, or the applicant has entered into a franchise or other agreement with the City permitting them to use the public right-of-way.

2. The applicant has demonstrated that the facility will not interfere with the use of the public right-of-way, existing subterranean infrastructure, or the City's plans for modification or use of such location and infrastructure.

H. Abandonment and removal of small wireless facilities.

1. Abandonment.

a. A small wireless facility that is inoperative for a period of six continuous months shall be deemed abandoned.

b. Upon reasonable suspicion of abandonment, the Director shall provide a preliminary notice of abandonment to the operator of the small wireless facility and the owner(s) of the premises upon which the small wireless facility is located.

c. The preliminary notice of abandonment may be delivered in person, or mailed to the address(es) stated on the small wireless facility permit application, and shall be deemed given at the time delivered or placed in the mail.

2. Removal by Operator/Owner.

a. Within 30 days after preliminary notice of abandonment is given, the operator of the small wireless facility and the owner(s) of the property on which it is located shall either: (i) remove the small wireless facility and restore the premises; or (ii) provide the Director with written objection to the preliminary notice of abandonment and submit a request for administrative hearing to reconsider the abandonment. If after this time, the small wireless facility is not properly removed, or the Director does not receive an objection to its preliminary notice of abandonment and request for administrative hearing, the Director may make a determination of abandonment and provide notice in the same manner as the preliminary notice of abandonment.

b. If the Director receives a timely written objection to the preliminary notice of abandonment and a request for administrative hearing, the Director shall schedule an administrative hearing to commence within 15 days of receiving the objection. At the time and place scheduled for the administrative hearing, the operator of the small wireless facility or the owner(s) of the property on which it is located may present documents and other evidence that the small wireless facility was in use during the relevant six-month period and that it is presently operational. The Director shall review the evidence, determine whether or not the small wireless facility was properly deemed abandoned, and make a determination of abandonment or a finding of continued use and provide notice in the same manner as provided for the preliminary notice of abandonment.

3. Removal by City. If the small wireless facility is not properly removed following 30 days after the determination of abandonment by the Director, the small wireless facility shall be deemed a public nuisance and may be abated in compliance with Chapter 8.32 of this Code.

I. Appeals. Pursuant to Section 17.30.020 and Table 5-1 of this Code, a decision of the Director regarding a small wireless facility permit may be appealed to the Planning Commission, and a decision of the Planning Commission may be appealed to the City Council.

J. Indemnification. The permittee of any administrative or discretionary land use entitlement permit required under the provisions of this chapter shall indemnify, defend, and hold the City, its officers, agents, employees, and representatives (indemnitees), harmless from and against any and all loss, damage, liability, claim, demand, suit, cost, and expense whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected with the issuance of any such permits or approvals and/or the installation, construction, maintenance, use, or operation of the work contemplated on private property, City property, or the public right-of-way for said permits, regardless of whether the indemnitees reviewed and approved any plans or inspected any work or improvement, including any encroachment, and regardless of whether such maintenance, repair, replacement, or condition was affected or caused by the indemnitees, except as provided by law.

(Ord. 19-02 § 4, 2019; Ord. 19-03 § 3, 2019)

§ 17.28.290 Group Homes.

A. Purpose. This section is intended to preserve the residential character of the City's residential zoning districts and to further the purposes of the FEHA, the FHAA and the Lanterman Act[1] by, among other things: (1) ensuring that group homes are actually entitled to the special accommodation and/or additional accommodation provided under the Los Alamitos Municipal Code; (2) limiting the secondary impacts of group homes by reducing noise and traffic, preserving safety and providing adequate on street parking; (3) providing an accommodation for persons with disabilities that is reasonable and actually bears some resemblance to the opportunities afforded non-handicapped individuals to use and enjoy a dwelling unit in a single-family neighborhood; and (4) to provide comfortable living environments that will enhance the opportunity for persons with disabilities and for recovering addicts to be successful in their programs.

[1] Editor's Note: See CA Welf. & Inst. § 4500 et seq.

B. Definitions. The definitions in Chapter 5.52 shall apply to this section. To the extent those definitions conflict with any other provision in the Los Alamitos Municipal Code, the definitions in Chapter 5.52 shall control for purposes of this section.

C. Special Use Permit Required for R1 Zone.

1. A group home with six or fewer occupants may locate in an R1 zone with a special use permit provided:

a. An application for a group home is submitted to the Director by the owner/operator of the group home. The application shall provide the following:

i. The name, address, phone number and driver's license number of the owner/operator;

ii. A live scan of the owner/operator and house manager(s);

iii. If the applicant and/or operator is a partnership, corporation, firm or association, then the applicant/operator shall provide the additional names and addresses as follows and such persons shall also sign the application:

(A) Every general partner of the partnership,

(B) Every owner with a controlling interest in the corporation,

(C) The person designated by the officers of a corporation as set forth in a resolution of the corporation that is to be designated as the permit holder.

iv. The license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another City, County or State under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefor;

v. The name, address, phone number and driver's license number of the house manager;

vi. A copy of the group home rules and regulations;

vii. Written intake procedures;

viii. The group home relapse policy;

ix. An affirmation by the owner/operator that only residents (other than the house manager) who are disabled as defined by State and Federal law shall reside at the group home;

x. Blank copies of all forms that all residents and potential residents are required to complete; and

xi. A fee for the cost of processing of the application as set by resolution of the City Council.

2. Requirements for Operation of Group Homes.

a. No person shall open a group home or begin employment with a group home until this information has been provided and such persons shall be responsible for updating any of this information to keep it current.

b. The group home has six or fewer occupants, not counting a house manager, but in no event shall have more than seven occupants. If the dwelling unit has an accessory dwelling unit (ADU), occupants of both units will be combined to determine whether or not the limit of six occupants has been exceeded.

c. The group home shall not be located in an ADU unless the primary dwelling unit is used for the same purpose.

d. The group home has a house manager who resides at the group home or any multiple of persons acting as a house manager who are present at the group home on a 24-hour basis and who are responsible for the day-to-day operation of the group home.

e. All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles. Residents and the house manager may each only store or park a single vehicle at the dwelling unit or on any street within 500 feet of the dwelling unit. The vehicle must be operable and currently used as a primary form of transportation for a resident or the house manager of the group home.

f. Occupants must not require, and operators must not provide, "care and supervision" as those terms are defined by Cal. Health and Safety Code § 1503.5 and California Code of Regulations Title 22, § 80001(c)(3).

g. Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury, that the group home does not operate as an integral use/facility.

h. If the group home operator is not the property owner, the application must include written approval from the property owner to operate a group home at the property.

i. The property must be in full compliance with all building codes, the Los Alamitos Municipal Code, and zoning.

j. At least 48 hours prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall:

i. Notify the person designated as the occupant's emergency contact or contact of record that the occupant will no longer be a resident at the home.

ii. Contact the Orange County Health Care Agency OC Links Referral Line and/or another entity designated by the City to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment.

iii. Notify the Los Alamitos Police Department that an occupant is no longer a resident at the home, and determine the services available therefrom.

iv. Provide the information obtained from Subsections C.2.j.ii and C.2.j.iii of this section and any other treatment provider or service to the occupant prior to his or her release on a form provided by the City and obtain the occupant's signed acknowledgement thereon.

v. Provided, however, that if the occupant's behavior results in immediate termination of residency pursuant to rules approved by the City as part of the special use permit for that facility, the operator shall comply with subsections C.2.j.i through C.2.j.iv of this section as soon as possible.

k. Prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall also:

i. Make available to the occupant transportation to the address listed on the occupant's driver license, state-issued identification card, or the permanent address identified in the occupant's application or referral to the group home.

ii. Provided, however, that should the occupant decline transportation to his or her permanent address, or otherwise has no permanent address, then the operator shall make available to the occupant transportation to another group home or residential care facility that has agreed to accept the occupant.

l. The group home operator shall maintain records for a period of one year following eviction from, or involuntary termination of, residency of an occupant that document compliance with subsections C.2.j and C.2.k of this section; provided, however, that nothing herein shall require an operator of a group home to violate any provision of State or Federal law regarding confidentiality of health care information. The group home operator may not satisfy the obligations set forth in subsection C.2.k of this section by providing remuneration to the occupant for the cost of transportation.

m. All drivers of vehicles picking up or dropping off persons at a group home shall comply with all applicable provisions of this Code and the California Vehicle Code, including, but not limited to, those provisions regulating licensure and parking, standing, and stopping.

n. The group home is at least 650 feet from any property, as defined in Section 5.52.010, that contains a group home, sober living home or state-licensed alcoholism or drug abuse recovery or treatment facility, as measured from the property line, unless the reviewing authority determines that such location will not result in an over-concentration of similar uses.

o. In addition to the regulations outlined above, the following shall also apply to sober living homes:

i. All occupants, other than the house manager, must be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous and the sober living home must maintain current records of meeting attendance. Under the sober living home's rules and regulations, refusal to actively participate in such a program shall be cause for eviction.

ii. The sober living home's rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the sober living home, or by any recovering addict, either on or off site. The sober living home must also have a written policy regarding the possession, use, and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling unit. Any violation of this rule must be cause for eviction under the sober living home's rules for residency and the violator cannot be re-admitted for at least 90 days. Any second violation of this rule shall result in permanent eviction. Alternatively, the sober living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved.

iii. The number of occupants subject to the sex offender registration requirements of Cal. Penal Code § 290 does not exceed the limit set forth in Cal. Penal Code § 3003.5 and does not violate the distance provisions set forth in Cal. Penal Code § 3003.

iv. The sober living home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol.

v. The sober living home shall have a good neighbor policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane, or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received.

vi. The sober living home shall not provide any of the following services as they are defined by California Code of Regulations Title 9, § 10501(a)(6): detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning.

p. An applicant may seek relief from the strict application of this section by submitting an application to the Director setting forth specific reasons as to why accommodation over and above this section is necessary under State and Federal laws, pursuant to Chapter 17.42 of Title 17 of this Code.

3. The special use permit shall be issued by the Director as a ministerial matter if the applicant is in compliance, or has agreed to comply, with subsections C.2.a through C.2.o of this section. At least 10 days prior to issuing a special use permit, the Director, or his or her designee, shall cause written notice to be mailed to the owner of record and occupants of all properties within 500 feet of the location of the group home. Prior to issuance of the special use permit, the Director, or his or her designee, shall hold a public hearing for the purpose of receiving information regarding compliance with the applicable provisions of subsections C.1 and C.2 of this section. The issuance of the special use permit shall be denied upon a determination, and if already issued shall be denied or revoked upon a hearing, by the Director that any of the following circumstances exist:

a. Any owner/operator or staff person has provided materially false or misleading information on the application or omitted any pertinent information;

b. Any owner/operator or staff person has an employment history in which he or she was terminated during the past two years because of physical assault, sexual harassment, embezzlement or theft; failing a drug test; falsifying a drug test; and selling or furnishing illegal drugs or alcohol.

c. Any owner/operator or staff person has been convicted of or pleaded nolo contendere, within the last 10 years, to any of the following offenses:

i. Any sex offense for which the person is required to register as a sex offender under California Penal Code § 290;

ii. Arson offenses—Violations of Cal. Penal Code §§ 451 through 455;

iii. Violent felonies, as defined in Cal. Penal Code § 667.5, which involve doing bodily harm to another person; or

iv. The unlawful sale or furnishing of any controlled substances.

d. Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter.

e. The owner/operator accepts residents, other than a house manager, who are not disabled as defined by the FHAA and FEHA.

f. A special use permit for a sober living home shall also be denied upon a determination, and if already issued, shall be revoked, and any transfer shall be denied or revoked, upon a hearing by the Director that any of the following circumstances exist:

i. Any owner/operator or staff person of a sober living home is a recovering drug or alcohol abuser and upon the date of application or employment has had less than one full year of sobriety.

ii. The owner/operator of a sober living home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non-prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents.

iii. The sober living home, as measured by the closest property lines, is located within 650 feet of any other sober living home or state-licensed alcoholism or drug abuse recovery or treatment facility. If a state-licensed alcoholism or drug abuse recovery or treatment facility moves within 650 feet of an existing sober living home this shall not cause the revocation of the sober living home's permit or be grounds for denying a transfer of such permit.

g. For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations, including, but not limited to, failure to comply with the provisions of subsections C.2.a through o.

h. Revocation shall not apply to any group home, which otherwise would cause it to be in violation of this Section, that has obtained a reasonable accommodation pursuant to pursuant to Chapter 17.42 of Title 17 of this Code.

D. Compliance for Group Homes in R1 Zone.

1. Existing group homes in the R1 zone must apply for a special use permit within 90 days of the effective date of this section.

2. Group homes that are in existence upon the effective date of this section shall have one year from the effective date of this section to comply with its provisions, provided that, any existing group home serving more than six residents, must first comply with the six-resident maximum.

3. Existing group homes obligated by a written lease exceeding one year from the effective date of this section, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one additional year grace period pursuant to approval of the Director.

E. Group Homes in the R2, R3, R4 and M-H Zones With Six or Fewer Occupants.

1. A special use permit shall be required for the operation of a group home with six or fewer occupants in the R2, R3, R4 and M-H zones subject to the following requirements:

a. The application for, and operation of, the group home complies with subsections C.2.a, C.2.b and C.2.d through C.2.o of this section.

b. The application includes a live scan of the house manager and/or operator of the group home.

c. The group home is at least 650 feet from any property, as defined in Section 5.52.010, that contains a group home, sober living home or State-licensed alcoholism or drug abuse recovery or treatment facility, as measured from the property line, unless the reviewing authority determines that such location will not result in an over-concentration of similar uses.

2. The Director may issue, revoke, or deny a special use permit for a group home, including a sober living home subject to this section, pursuant to the procedures and requirements of subsection C.3 of this section.

3. An applicant may seek relief from the strict application of this section by submitting an application to the Director setting forth specific reasons as to why accommodation over and above this section is necessary under State and Federal laws, pursuant to Chapter 17.42 of Title 17 of this Code.

F. Conditional use permit required for group homes, residential care facilities and drug and alcohol treatment facilities in the R2, R3, R4 and M-H zones with seven or more occupants.

1. A conditional use permit shall be required for the operation of a group home with seven or more occupants in the R2, R3, R4 and M-H zones subject to the following conditions:

a. The requirements of Chapter 17.32 of this title have been met, including, but not limited to, the findings required by Section 17.32.070.

b. The group home is at least 650 feet from any property, as defined in Section 5.52.010, that contains a group home, sober living home or State-licensed alcoholism or drug abuse recovery or treatment facility, as measured from the property line, unless the reviewing authority determines that such location will not result in an over-concentration of similar uses.

c. The applicant obtains an operator's permit as required by Section 5.52.030.

G. Compliance for Group Homes in the R2, R3, R4 and M-H zones.

1. Group homes in the R2, R3, R4 and M-H zones with six or fewer occupants that are in existence upon the effective date of this section may continue to operate subject to the following:

a. A complete application for a special use permit is filed within 90 days of the effective date of this section; and

b. The group home is in full compliance with all of the conditions of this section within one year of the effective date of this section. Notwithstanding the foregoing, existing group homes obligated by a written lease exceeding one year from the effective date of this section, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one additional year grace period pursuant to approval from the Director.

2. Group homes in the R2, R3, R4 and M-H zones with seven or more occupants that are in existence upon the effective date of this section may continue to operate subject to the following:

a. The operator of a group home submits a complete application for an operator's permit pursuant to Chapter 5.52 within 90 days from the effective date of this Section; and

b. The group home, is in full compliance with all conditions of this section, including obtaining a conditional use permit, within one year from the effective date of this section. Notwithstanding the foregoing, an existing group home obligated by a written lease exceeding one year from the effective date of this Section, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one additional year grace period pursuant to approval from the Director.

(Ord. 2025-06, 9/15/2025)

§ 17.28.300 Thrift Stores.

A. Purpose. The purpose of this section is to comply with California Government Code Section 65630 et seq. to properly regulate thrift stores to ensure compatibility with surrounding land uses.

B. Standards. All thrift stores shall conform to the following standards:

1. The delivery and storage of goods or donations must be conducted entirely indoors.

2. Outdoor display of merchandise is regulated by Section 17.28.210 of this title.

3. Donations may only be accepted during business hours; no drop-off of donated goods may occur outside of business hours. No thrift store shall operate between 10:00 p.m. and 7:00 a.m.

4. The donation process must be supervised and operated by employees of the thrift store.

5. Any donated, discarded, or illegally dumped items left outside the building must be removed immediately.

6. Donation acceptance areas shall be clearly marked and must provide vehicular circulation which does not interfere with shopping center ingress, egress, or parking, and may not queue onto adjacent property or the public right-of-way.

7. All signage, including, temporary and directional signage is regulated by Chapter 17.26 of this title.

8. Equipment utilized in the collection, receipt, processing or disposal of used and donated goods is subject to the restrictions of Chapter 17.20 (Noise) and shall be operated in accordance with all applicable noise standards; equipment shall not be operated between 10:00 p.m. and 7:00 a.m. or on Sundays or Federal Holidays.

(Ord. 2025-11, 11/17/2025)