City of Norwalk, CA Specific Uses in Commercial and/or Manufacturing Zones

§ 17.04.090 Helistops and heliports.

For the purposes of this title, a "helistop" is defined as an area or place used for the landing and takeoff of helicopters, or airborne vehicles of the same class, together with appropriate facilities for the temporary sheltering of passengers or freight and for other facilities necessary for the serving of customers, but not including the use of such area or place for the storage, fueling or maintenance of such vehicles. For the purposes of this title, a "heliport" is defined to include all the uses of a helistop, and also to include the use of such area or place for storage, fueling and maintenance of such vehicles, together with suitable buildings and structures therefor.

Heliports and helistops are permitted in any commercial or manufacturing zone, subject to the issuance, existence and validity of a conditional use permit as provided for in Chapter 17.07, Article II and full compliance with each and every condition thereof. Such conditional use permit may be issued only if the applicant has submitted a site plan showing the location of landing areas and other pertinent data, and the following findings have been made:

That the helistop or heliport is an appropriate use of the land and will not unduly interfere with surrounding land uses;

That due consideration has been given to the selection of a site situated near or adjacent to parks or other open areas;

That the establishment of such use at the particular site is consistent with the purposes and intents of this title and of the particular zone;

That the use as proposed complies with all applicable Federal, State and local laws and regulations;

That the Federal Aviation Administration has been apprised by the City of the proposed use and has not objected to the proposed use on grounds of safety or interference with airports in the area.

In approving any conditional use permit, there shall be attached such conditions thereto as are deemed necessary or desirable to minimize adverse effects on the character of the surrounding area.

(Prior code § 27-22.13; Ord. 21-1722 § 2)

§ 17.04.091 Vehicle repair (minor).

Vehicle repair (minor), as defined in Section 17.01.060, is a permitted use in certain zones as specified in Section 17.04.010 and subject to the following requirements:

Transitional protective yard, including a five-foot setback buffer, six-foot-high view-obscuring fence/wall, and eight trees for every 100 linear feet, must be established along all property lines abutting a residential use.

Screened outdoor overnight storage of vehicles may be permitted with an approved site plan. Operable vehicles may be parked on site during business hours.

There shall be no dismantling of vehicles for salvage.

The storage of impounded vehicles is not permitted.

No outside speaker system is permitted.

Service doors shall be closed except for entry and exit of automobiles.

(Ord. 20-1720 § 2; Ord. 21-1722 § 2)

§ 17.04.092 Vehicle repair (major).

Vehicle repair (major), as defined in Section 17.01.060, is permitted and conditionally permitted within certain zones as specified in Section 17.04.010 and subject to the following requirements:

Screened outdoor overnight storage of vehicles may be permitted with an approved site plan. Operable vehicles may be parked on-site during business hours.

There shall be no dismantling of vehicles for salvage.

The storage of impounded vehicles is not permitted.

No outside speaker system is permitted.

(Ord. 20-1720 § 2; Ord. 21-1722 § 2)

§ 17.04.095 Payday loan establishments.

Purpose. The specific purpose of this section is to establish regulations for payday loan establishments.

Definitions. For the purpose of this section, "payday loan establishment" shall be defined as indicated in Section 17.01.060, Definitions, of this title.

Operational Requirements. Payday loan establishments shall comply with the following requirements:

Location. Payday loan establishments are permitted in the C-1, C-3, and M-1 zones, except on properties within the PF overlay zone.

Maximum Number. There shall be no more than eight payday loan establishments located within the City of Norwalk. No additional payday loan establishment shall be established if the existing number of payday loan establishments meet or exceed the maximum permitted.

Spacing. Payday loan establishments shall be located no less than one-quarter mile or 1,320 feet from the nearest payday loan establishment within the City of Norwalk, as measured from one property line to another.

Any payday loan establishment lawfully existing prior to the effective date of the ordinance codified in this section and which is licensed by the City of Norwalk, shall be allowed to remain on the same property or, if located within a shopping center development, shall be allowed to move to a different location, as long as the location is within the same shopping center development, and shall not be subject to the provisions of this section. However, if the payday loan establishment closes for a period of 30 days or more, that establishment shall be subject to the provisions of this section and may not be reestablished unless it fully complies with all provisions of subsection C of this section.

An inventory of existing payday advance businesses shall be conducted by City staff upon the effective date of the ordinance codified in this section and filed with the Community Development Department. After the inventory is completed, only those businesses listed in the inventory are determined to be payday loan establishments lawfully existing as set forth in subsection D of this section.

(Ord. 10-1626 § 2; Ord. 21-1722 § 2)

§ 17.04.100 Sexually oriented businesses.

Short Title. This section shall be known and maybe cited as the "Sexually Oriented Business Ordinance" of the City.

Purpose. The purpose of this section is to eliminate or mitigate the community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by:

The proliferation of sexually oriented businesses;

Close proximity of sexually oriented businesses to incompatible uses such as schools for minors, religious institutions, parks and residential uses; and

The unregulated operation of sexually oriented businesses.

Definitions. For the purpose of this section, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

"Characterized by an emphasis upon"

shall mean the dominant or essential theme of the object described by such phrase.

"Director"

shall mean the Director of the Community Development Department of the City.

"Entertainer"

shall mean a person who, for any form of consideration, performs at a sexually oriented business. Such persons shall constitute "entertainers" regardless of their legal relationship (e.g., employee, owner or independent contractor) with the sexually oriented business.

"Lingerie modeling studio"

shall mean an establishment where, for any form of consideration, lingerie is modeled by a person or persons for viewing by persons paying such consideration.

"Modeling studio"

shall mean an establishment which provides, for any form of consideration, seminude figure models or figure models who expose specified anatomical areas for the purpose of observation, sketching, photography, painting, sculpting or other depiction by persons paying such consideration. This definition shall not include the following: (1) schools maintained pursuant to standards set by the State Board of Education; and (2) schools maintained by an individual artist or group of artists, and which do not provide, permit, or make available specified sexual activities.

"Owner"

shall mean the following: (1) the sole proprietor of asexually oriented business; (2) any general partner of a partnership which owns and operates a sexually oriented business; (3) the owner of a controlling interest in a corporation which owns and operates a sexually oriented business; and (4) the person designated by the officers of a corporation to be the permit holder for a sexually oriented business owned and operated by the corporation.

"Peace officer"

shall have the meaning set forth in the California Penal Code.

"Perform at a sexually oriented business"

shall mean to engage in or participate in any live performance at a sexually oriented business that either: (1) is characterized by an emphasis upon specified sexual activities; or (2) features any semi-nude person.

"Permittee"

shall mean the following: (1) for the purpose of Section 17.02.170, any person who has been issued a sexually oriented business permit; (2) for the purpose of 17.02.160 of this article, any person who has been issued a sexually oriented business entertainer permit; and (3) for the purpose of Sections 17.02.160(H) and (I) and 17.02.170(N)—(V), any person who has been issued a sexually oriented business permit or a sexually oriented business entertainer permit.

"Person"

shall mean an individual, partnership, copartnership, firm, association, joint stock company, corporation, other legal entity, or combination of the above in whatever form or character.

"Regular and substantial course of conduct and regular and substantial portion of business"

shall mean that any of the following conditions exist:

At least 20% of the stock-in-trade is devoted to sexually oriented material, sexually oriented merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises.

At least 20% of the total display area is devoted to sexually oriented material, sexually oriented merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises.

The business presents any type of entertainment, live or otherwise, characterized by an emphasis on specified sexual activities or featuring any semi-nude person on any four or more separate days within any 30 day period.

At least 20% of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, materials or entertainment which is characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas.

At least 800 square feet of the floor area of the business is devoted to the sale, trade, rental, display or presentation of services, products, materials or entertainment which is characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas.

"Semi-nude"

shall mean a state of dress in which clothing covers no more than the genitals, pubic region, and areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.

"Sexual encounter center"

shall mean an establishment which, for any form of consideration, as a regular and substantial course of conduct provides a place where two or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include: (1) a hotel, motel or similar establishment offering public accommodations; or (2) an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State engages in sexual therapy.

"Sexually oriented arcade"

shall mean an establishment where, for any form of consideration, as a regular and substantial course of conduct one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

"Sexually oriented bookstore, sexually oriented novelty store, and sexually oriented video store"

shall mean an establishment which as a regular and substantial course of conduct offers for sale, rent, or viewing for any form of consideration either sexually oriented material, sexually oriented merchandise or both.

"Sexually oriented business"

means an establishment which, for any form of consideration, as a regular and substantial course of conduct performs or operates as any of the following: lingerie modeling studio; modeling studio; sexually oriented cabaret; sexually oriented hotel/hotel; sexually oriented motion picture theater; sexually oriented novelty store; sexually oriented tanning salon; sexually oriented theater; and sexually oriented video store. Sexually oriented business also means any establishment which, for any form of consideration, as a regular and substantial portion of business offers to its patrons products, merchandise, services or entertainment that are distinguished or characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas.

"Sexually oriented cabaret"

shall mean an establishment which serves food or beverages and which, for any form of consideration, as a regular and substantial course of conduct presents live performances that either: (1) are characterized by specified sexual activities; or (2) feature any seminude person.

"Sexually oriented hotel/motel"

shall mean a hotel, motel or similar establishment offering public accommodations for any form of consideration which either:

(a) Provides patrons with closed-circuit television transmissions, films, motion pictures, videos, slides or other photographic or electronic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas; and (b) advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to newspapers, magazines. pamphlets, leaflets, radio or television,

Rents, leases or lets any single guest room for less than any 10 hour period.

Rents, leases or lets any single guest room more than twice in any 24 hour period;

Allows a tenant or occupant to sub-rent a guest room for a time period less than 10 hours.

"Sexually oriented material"

shall mean any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, videotape recording, or other visual representation, which is characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas.

"Sexually oriented merchandise"

shall mean sexually oriented implements or paraphernalia, such as, but not limited to: dildos; auto sucks; sexually oriented vibrators; edible underwear; benwa balls; inflatable orifices; anatomical balloons with orifices; simulated vaginas; and similar sexually oriented devices that are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity. This definition shall not include birth control devices.

"Sexually oriented motion picture theater"

shall mean an establishment which, for any form of consideration, as a regular and substantial course of conduct offers to show films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

"Sexually oriented tanning salon"

shall mean an establishment where either: (1) patrons receive tanning services in groups of two or more; (2) any patron exposes specified anatomical areas; or (3) any employee exposes specified anatomical areas or appears semi-nude.

"Sexually oriented theater"

shall mean an establishment which, for any form of consideration, as a regular and substantial course of conduct presents live performances that either: (1) are characterized by specified sexual activities; or (2) feature any semi-nude person.

"Specified anatomical areas"

shall mean the following:

Less than completely and opaquely covered human genitals, pubic region, buttocks, and areola and nipple of the female breast;

Human male genitals in a discernibly turgid state, even if completely and opaquely covered;

Any device, costume or covering that simulates any of the body parts included in paragraphs (1) or (2) above.

"Specified sexual activities"

shall mean the following, whether performed directly or indirectly through clothing or other covering.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

Masturbation, actual or simulated;

Excretory functions as part of, or in connection with, any of the activities described in paragraphs (1) through (3) of this definition.

"Substantially enlarged"

shall mean the increase in floor area occupied by a sexually oriented business by more than 10% of its floor area as it existed at the time a sexually oriented business permit was issued for the business.

(Prior code §§ 27-48.1—27-48.3; Ord. 1469 § 2, 1997; Ord. 06-1569 §§ 2, 3; Ord. 21-1722 § 2)

§ 17.04.105 Drive-through and drive-up establishments.

Drive-through and drive-up establishments are subject to Director approval pursuant to Sections 17.02.203 and 17.04.010 provided that the following conditions are met:

Each drive-through lane shall be a separate lane from the circulation routes and lanes necessary for ingress to, egress from, the property or access to any off-street parking spaces. Each such lane shall be striped, marked, or otherwise distinctively delineated.

No drive-through or drive-up lane shall be located in any required setback area.

Aisle width: drive-through aisles shall have minimum width of 11 feet on straight sections and 12 feet on curved sections.

Aisle setback: drive-through aisles shall be set back a minimum of 15 feet from all street property lines and shall be screened by landscape berms, low garden walls, or a combination thereof.

Landscape buffer: There shall be a minimum 10 foot wide landscaped buffer between drive-through aisles and any abutting residentially zoned property.

Location of lane entrance: The beginning point of a drive-through lane shall be located no closer than 25 feet from the right-of-way line of any adjacent public street providing direct access to the lane.

Location of lane exit: no drive-through aisle shall exit directly onto a public street or alley.

Design: drive-through facilities within an integrated shopping center shall be consistent with the center in terms of architectural design and detailing, roof material, exterior finish materials, and color.

Noise: Drive-through facilities that rely upon use of speaker/microphone stations for the placing and/or receiving of customer orders, shall locate the station a minimum of 25 feet from any residentially zone property. In no case, however, shall noise emanating from a speaker/microphone station be audible beyond the property line nor exceed the limitations set forth in Title 9, Chapter 9.04, Article III. Noise.

Length of queuing lane: drive-through facilities shall provide a queuing lane according to the following table:

Use	Required Stacking Space per Service Lane
Banks	5
Coffee Facilities
Before order board	4
Between order board and pick-up window	4
Drug Stores; Pharmacy; Photo Services; Dry Cleaning	4
Fast-Food Restaurants
Before order board	4
Between order board and pick-up window	4
Car Washes (Self-Service, Coin-Operated) a
Entry	2
Exit	1
Car Washes (Full-Service)
Entry	6
Exit	2
Notes: Wash stalls shall not count as stacking space.

Screen wall: Each drive-through aisle shall be appropriately screened with a combination of landscaping, low walls, and/or berms to prevent headlight glare from impacting adjacent residences, businesses, public rights-of-way, and parking lots.

Walkways: Pedestrian walkways should not intersect the drive-through access aisles. If they do intersect drive-through access aisles, they shall be clearly visible and enhanced with special paving or markings.

Minimum requirements may be reduced by the Director of Community Development, or designee, for existing drive-through and drive-up facilities where it can be demonstrated the proposed modifications would result in an improved design that more closely complies with the requirements specified herein.

Minimum requirements for new facilities may be reduced subject to Precise Development Plan approval when the Planning Commission can make a finding that adequate parking, circulation, access, and drive-through queuing are provided for customers, clients, visitors, and employees. To obtain a reduction of the minimum requirements contained in this section, the project applicant shall prepare and submit to the City, a site analysis addressing the following:

Adequacy of the streets that serve the subject site;

The placement, design, and adequacy of the vehicle queuing aisle;

The on-site circulation, parking lot design, and pedestrian/bicycle safety; and

Additional information as requested by the Director of Community Development and the Director of Public Services. The analysis shall identify potential adverse impacts and include measures for mitigating such impacts.

(Ord. 20-1720 § 2; Ord. 21-1722 § 2)

§ 17.04.110 Recycling facilities.

Purpose. The purpose of this section is to establish a special use classification for the operation of mobile recycling facilities and reverse vending machines which accept empty beverage containers for recycling purposes, to establish a set of regulations to control the time, place and manner of operation of such centers and to prevent detrimental impact on surrounding uses.

Definitions. For the purpose of this section the following words and phrases shall be defined as indicated in Section 17.01.060, Definitions, of this title:

Convenience zone

Mobile recycling facility

Reverse vending machine.

Conditional Use Permit. Mobile recycling units and reverse vending machines, are permitted in the C-1, C-3, C-M, M-l and M-2 zones, subject to the issuance, existence and validity of a conditional use permit as provided for in Section 17.02.210 of this title and full compliance with each and every condition thereof. Such conditional use permit shall be issued only if the applicant has submitted a site plan showing the location of the use and the following findings have been made:

That the proposed use is a mobile recycling facility or a reverse vending machine, as defined in Section 17.01.060 of this title;

That the proposed use is being established within a convenience zone as such term is defined in Section 17.01.060 of this title;

That the proposed use has been certified, or has applied to be certified, by the California Department of Conservation (or such other State agency designated to conduct such recycling programs);

That written approval has been obtained from the property owner where such use is to be established, authorizing same;

That the establishment of the proposed use is consistent with the purpose and intent of this title and of the particular zone;

That the proposed use is compatible with surrounding uses;

That the proposed use does not have a detrimental effect on public health, safety or general welfare;

That the proposed use complies with all applicable State and local laws, and that all necessary building, plumbing and electrical permits have been obtained;

That the recycling facilities are accessory uses.

In approving any conditional use permit there shall be attached such conditions thereto as are deemed necessary or desirable to insure compatibility, with, and minimize diverse effects upon, surrounding areas. In imposing such conditions, the Planning Commission shall consider the following:

That the proposed use is not located within a required setback, does not interfere with vehicle or pedestrian circulation, does not materially affect existing required off street parking or loading facilities, or otherwise have a detrimental impact on the operation of the site's principal use;

That proper procedures are implemented to insure that the proposed mobile recycling unit or reverse vending machine presents a clean and aesthetically pleasing appearance, will not create maintenance problems, or become a public or private nuisance. In evaluating such procedures consideration may be given to restrictions on size, proper illumination, installation of landscaping and the provision of trash bins;

That no signs shall be placed or used on the recycling center or surrounding area without prior approval of the Planning Commission;

That the hours of operation for the proposed use shall be determined by the Planning Commission in conformance with all State and local laws, but, in the case of mobile recycling facilities such hours of operation may not exceed eight hours per day (at any one permitted location).

(Prior code § 27-22.17; Ord. 21-1722 § 2)

§ 17.04.115 Service stations.

Service stations offering retail gasoline sales and general repairs are subject to the issuance, existence and validity of a conditional use permit pursuant to Sections 17.02.210 and 17.04.010 and are limited to and by the following:

Normal service station sales and service, including minor repairs and the installation of accessories, where such operations may normally be completed within one hour;

Lubrication, general repair and maintenance, and auto washing by hand, provided that such operations are conducted within a building enclosed on at least three sides and in such a manner as not to produce an objectionable odor, undue amount of noise, or unsightly appearance, and so as not to constitute a nuisance to adjacent residential or commercial uses;

Trailer rental, provided that trailers: (1) are stored at least 20 feet from any street line, (2) are stored at least 20 feet from any property line unless separated from the adjoining property by a six-foot masonry wall, (3) are stored in a location not required for off street automobile parking, (4) do not exceed a total of 10 rental trailers, and (5) are limited to units which do not exceed four feet by 12 feet in body size;

Body and fender work and automobile painting are not permitted;

Repair of trucks is limited to trucks one and one-half tons or less in size; and

A service station abutting property zoned for residential uses shall be separated by a concrete block wall eight feet in height, excepting that the wall shall be 42 inches in height for a distance equal to the required front yard setback in the residential zone.

(Ord. 20-1720 § 2; Ord. 21-1722 § 2)

§ 17.04.120 Billiard parlors.

Purpose and Intent. The City Council finds and determines that billiard parlors and game arcade establishments present problems that are encountered by residents of Norwalk, including, but not limited to, littering, loitering, crime, interference with children on their way to school, defacement and damaging of structures, discouragement of more desirable and needed commercial uses and other similar zoning problems connected primarily with the operation of such establishments.

This section is intended and designed to deal with and ameliorate these effects by restricting the location of such uses in proximity to facilities primarily devoted to use by children and families and the general public, and through the imposition of reasonable conditions on a case by case basis.

Conditional Use Permit Required. On and after the effective date of the ordinance codified in this section billiard parlors or game arcades shall not be established without first obtaining a conditional use permit from the City of Norwalk. Further, no existing site which substantially changes its mode or character of operation (defined in subsection F of this section) shall continue to operate without first obtaining a conditional use permit in accordance with the procedures in Section 17.02.210 of this title and the requirements of this section. Following a public hearing on the conditional use permit application, the Planning Commission shall record their decision in writing and shall recite therein the findings of fact, based on substantial evidence in view of the whole record, upon which their decision is based. A copy of the conditions of approval for the conditional use permit must be kept on the premises of the establishment and be presented to any peace officer or any authorized city official upon request.

Conditional Use Permit—Findings. In making any of the findings required pursuant to this section, the Planning Commission, or the City Council on appeal: (1) shall consider whether the proposed use will adversely affect the welfare of area residents in the area of such establishments; (2) shall also consider whether the proposed use will detrimentally affect nearby residentially zoned communities in the area after giving consideration to the distance of the proposed use from the following:

Residential buildings;

Churches, schools, hospitals, public playgrounds and other similar uses.

In all determinations pursuant to this section, the applicant for the conditional use permit shall have the burden of proving by clear and concise evidence, that the proposed use will not adversely affect the welfare of nearby residents, or detrimentally affect nearby residentially zoned communities.

Definitions.

"Billiard parlor"

means any place open to the general public where billiards, bagatelle or pool is played, or in which any billiard, bagatelle or pool table is kept and persons are permitted to play or do play thereon, whether any compensation or reward is charged for the use of such table or not.

Performance Standards for Billiard Parlors. The following performance standards shall be met by billiard parlor establishments except where a billiard parlor use is determined by the Planning Commission to be accessory (as defined Section 17.01.060) to a primary use other than a game arcade. For billiard parlors as accessory uses, only subsections (E)(4)(a)(c) and (f) of this section shall apply.

Distance Requirements. Billiard parlor establishments shall not be permitted within 300 feet from residential uses, schools (public or private), churches or other place of worship, alcoholic beverage sales establishments (off-sale or on-sale), existing billiard parlor establishments, public parks, playgrounds and other similar public uses as determined by the Planning Commission. This distance shall be measured as the straight line distance between the exterior building wall where billiard parlors or game arcades are proposed and the property line of adjacent uses. A lesser distance may be approved by the Planning Commission if adequate buffers are provided between the establishment and adjacent uses.

Hours of Operation. Billiard parlor establishment shall be closed between the hours of 2:00 a.m. and 6:00 a.m.

Minors. Persons under the age of 18 years shall be accompanied by an adult and shall not be allowed to remain or enter the establishment between 10:00 p.m. and 6:00 a.m.

Use Restrictions on Subject Property.

No gambling, live entertainment, or dancing shall be permitted on a permanent or temporary basis on the property. No music or noise generated from within a billiard parlor and discernable from outside the establishment shall be permitted.

No alcoholic beverage shall be sold or consumed on the subject property.

The billiard parlor use shall be conducted entirely within a building.

Design Requirements.

The interior of billiard parlors shall be free and clear of any visual obstruction so that all areas except restrooms are clearly visible from the entrance. Visibility of the interior shall also be provided from outside of the establishments if the establishment is located on the ground floor.

Close circuit video cameras shall be installed and be in working condition during the hours of operation for billiard parlor establishments.

All entrances and interior areas shall be adequately lighted, and the lighting plan shall be approved by the Community Development Department before any business may be conducted.

A minimum of one toilet and lavatory facility for men and one toilet and lavatory facility for women available to both employees and patrons shall be provided.

All entrances and exits for billiard parlor establishments shall be clearly revealed and designated and shall remain unlocked for unrestricted ingress and egress while guests, patrons or invitees are in the establishment.

Other conditions pertaining to both the construction of the facility and its maintenance may be imposed so as to minimize the effect of noise, congregation, parking and other factors generated by the use that are detrimental to the public health, safety and welfare.

Management and Maintenance. The owner, manager, or person in charge of the establishment shall be 21 years or older. At least two such persons 21 years or older or security personnel as required by subsection (E)(7) of this section shall be present on the premises at all times. They shall be approved by the City of Norwalk after a complete background investigation by the Los Angeles County Sheriffs Department. Name, current home address, phone number and recent picture I.D. of all employees must be filed with the Office of Public Safety.

Security. Security shall be provided by State licensed personnel and approved by the City. The number of security personnel shall be determined by the Planning Commission.

Existing Billiard Parlors.

Any establishment lawfully existing prior to the effective date of the ordinance codified in this section and licensed by the City of Norwalk for a billiard parlor or game arcade establishment shall obtain a conditional use permit when: (a) the establishment expands its operation by adding pool; and/or (b) there is a substantial change in the mode or character of operation. For purposes of this section, substantial change of mode or character of operation shall include, but not be limited to, structural changes (i.e., expansion of usable floor area is proposed or remodeling), a pattern of conduct in violation of other laws or regulations, or a period of closure for more than 60 days.

Any establishment which becomes lawfully established on or after the effective date of this section and licensed by the City of Norwalk shall obtain a modification of conditional use permit when: (a) the establishment expands its operation; and/or (b) there is a substantial change in the mode or character of operations of the establishment.

Except as provided herein, establishments not conforming to the spatial requirements set forth in subsection (E)(1) of this section shall not be permitted to expand, rebuild or replace a structure or portion of structure when there has been destruction of 50% or more of the particular structure as determined by Chapter 17.01, Article IV of the Norwalk Municipal Code and/or fire inspector. Increase in the number of billiard pool tables shall constitute an expansion of the establishment.

Revocation of Conditional Use Permit. A conditional use permit granted under this section shall be subject to revocation in the manner provided by Section 17.02.210(K) if any of the conditions imposed and accepted are not complied with within the time frame established.

(Prior code § 27-22.18; Ord. 21-1722 § 2)

§ 17.04.125 Logistics facility.

Logistics facilities, as defined in Section 17.01.060, are subject to the issuance, existence and validity of a conditional use permit pursuant to Sections 17.02.210 and 17.04.010 and providing that the following minimum conditions and standards, in addition to any others deemed necessary and appropriate to insure compatibility with existing or future permitted uses in the vicinity, are met:

All parking and maneuvering areas shall be fully paved and improved;

A minimum eight-foot-high masonry wall shall be provided to separate the use from adjacent residentially and commercially zoned properties;

The property has frontage on a designated truck route and/or major highway;

Visual and sound buffers shall be employed along public rights-of-way and for adjacent residential and commercial property; and

Outside work activity and storage shall be subject to limitations prescribed in this chapter except that all such activity shall be restricted solely to within an approved building if the subject property is within 300 feet of any residentially or commercially zoned or used property.

(Ord. 20-1720 § 2; Ord. 21-1722 § 2)

§ 17.04.130 Game arcades.

Purpose and Intent. The City Council finds and determines that game arcade establishments present problems that are encountered by residents of Norwalk, including, but not limited to, littering, loitering, crime, interference with children on their way to school, defacement and damaging of structures, discouragement of more desirable and needed commercial uses and other similar zoning problems connected primarily with the operation of such establishments.

Conditional Use Permit Required. On and after the effective date of the ordinance codified in this section game arcades shall not be established without first obtaining a conditional use permit from the City of Norwalk. Further, no existing site which substantially changes its mode or character of operation (defined in subsection F of this section) shall continue to operate without first obtaining a conditional use permit in accordance with the procedures in Section 17.02.210 of this title and the requirements of this section. Following a public hearing on the conditional use permit application, the Planning Commission shall record their decision in writing and shall recite therein the findings of fact, based on substantial evidence in view of the whole record, upon which their decision is based. A copy of the conditions of approval for the conditional use permit must be kept on the premises of the establishment and be presented to any peace officer or any authorized City official upon request.

Residential buildings;

Churches, schools, hospitals, public playgrounds and other similar uses.

Definitions.

"Coin-operated amusement device"

means any amusement machine or device which is operated or put into operation in whole or in part by the insertion of a coin, token or similar object. This definition does not include coin operated weighing machines, stamp vending machines, photograph, video, music or motion picture machine or similar device, or any coin operated vending or other machine vending personal property, food or drink, or performing cleaning, repair or other service.

"Game arcade"

means any place or premises on which are maintained five or more coin-operated amusement devices.

Performance Standards for Game Arcades. The following performance standards shall be met by game arcade establishments except where game arcade use is determined by the Planning Commission to be accessory (as defined in Section 17.01.060) to a primary use other than a billiard parlor. For game arcade as accessory use, only subsections (E)(4)(a), (c) and (5)(e) of this section shall apply.

Distance Requirements. Game arcade establishments shall not be permitted within 300 feet from residential uses, schools (public or private), churches or other place of worship, alcoholic beverage sales establishments (off-sale or on-sale), game arcade establishments, public parks, playgrounds and other similar public uses as determined by the Planning Commission. This distance shall be measured as the straight line distance between the exterior building wall where billiard parlors or game arcades are proposed and the property line of adjacent uses. A lesser distance may be approved by the Planning Commission if adequate buffers are provided between the establishment and adjacent uses.

Hours of Operation. Game arcade establishments shall be closed between the hours of 12:00 a.m. (midnight) and 6:00 a.m.

Minors. No person under the age of 18 years shall be allowed to remain or enter the establishment during school hours and between 10:00 p.m. and 6:00 a.m.

Use Restrictions or Subject Property.

No gambling, live entertainment, or dancing shall be permitted on a permanent or temporary basis on the property. No music or noise generated from within a game arcade and discernable from outside the establishment shall be permitted.

Restrictions on alcoholic beverage sales and consumption on the subject property shall be imposed when necessary as determined by the Planning Commission.

The game arcade use shall be conducted entirely within a building.

Design Requirements:

Adequate interior visibility shall be provided for game arcade establishments, as determined by the Planning Commission.

All entrances and interior areas shall be adequately lighted, and the lighting plan shall be approved by the Community Development Department before any business may be conducted.

A minimum of one toilet and lavatory facility for men and one toilet and lavatory facility for women available to both employees and patrons shall be provided.

All entrances and exits for game arcade establishments shall be clearly revealed and designated and shall remain unlocked for unrestricted ingress and egress while guests, patrons or invitees are in the establishment.

Management and Maintenance. The owner, manager, or person in charge of the establishment shall be 21 years or older. At least one such person shall be present on the premises at all times.

Existing Game Arcades.

Any establishment lawfully existing prior to the effective date of the ordinance codified in this section and licensed by the City of Norwalk for a billiard parlor or game arcade establishment shall obtain a conditional use permit when: (a) the establishment expands its operation by adding pool tables or game machines; and/or (b) there is a substantial change in the mode or character of operation. For purposes of this section, substantial change of mode or character of operation shall include, but not be limited to, structural changes (i.e., expansion of usable floor area is proposed or remodeling), a pattern of conduct in violation of other laws or regulations, or a period of closure for more than 60 days.

Any establishment which becomes lawfully established on or after the effective date of the ordinance codified in this section and licensed by the City of Norwalk shall obtain a modification of conditional use permit when: (a) the establishment expands its operation; and/or (b) there is a substantial change in the mode or character of operations of the establishment.

Except as provided herein, establishments not conforming to the spatial requirements set forth in subsection (E)(1) of this section shall not be permitted to expand, rebuild or replace a structure or portion of structure when there has been destruction of 50% or more of the particular structure as determined by Chapter 17.01, Article IV of the Norwalk Municipal Code and/or Fire Inspector. Increase in the number of game arcade machines shall constitute an expansion of the establishment.

(Prior code § 27-22.18; Ord. 21-1722 § 2)

§ 17.04.135 Self-service storage.

Self-service storage facilities, as defined in Section 17.01.060, are subject to the issuance, existence and validity of a conditional use permit pursuant to Sections 17.02.210 and 17.04.010 and provided that the following minimum conditions and standards, in addition to any others deemed necessary and appropriate to insure compatibility with existing or future permitted uses in the vicinity, are met:

A minimum of one off-street parking space for each 50 storage units (open and closed) shall be provided, although the Planning Commission may require a greater number of spaces to be provided;

The minimum lot size shall be one acre, and provision shall be made for adequate screening and landscaped setbacks;

One-way aisles shall be a minimum of 20 feet in width and two-way aisles shall be a minimum of 30 feet in width;

Building coverage shall not exceed 50% of the total area, and

No business use, either commercial or industrial, shall be allowed to be established on the same premises, other than the business of renting storage spaces.

(Ord. 20-1720 § 2; Ord. 21-1722 § 2)

§ 17.04.140 Alcoholic beverage establishments.

Purpose and Intent. The City Council finds and determines that establishments engaged in the sale of alcoholic beverages present problems that are encountered by residents of Norwalk, including, but not limited to, littering, loitering, obstruction of pedestrian traffic, vehicular traffic, parking, crime, interference with children on their way to school, interference with shoppers using the streets, defacement and damaging of structures, discouragement of more desirable and needed commercial uses and other similar zoning problems connected primarily with the operation of establishments engaged in the sale of alcoholic beverages for consumption on or off the premises.

This section is intended and designed to deal with and ameliorate these problems and conditions by restricting the location of such uses in proximity to facilities primarily devoted to use by children and families and the general public, and through the impositions of conditions on a case by case basis, thereby limiting the number of such uses in the City and preventing undesirable community impact of such uses by the imposition of reasonable conditions upon the operation of all such uses both existing and in the future.

Conditional Use Permit Required. On and after the effective date of the ordinance codified in this section no place wherein alcoholic beverages are sold, served, or given away for on-site or off-site consumption, with the exception of on-sale alcohol sales within a bona fide restaurant in accordance with the provisions of Section 17.02.203 and requirements and standards under Section 17.04.140.G, shall be established without first obtaining a conditional use permit from the City of Norwalk. "Alcoholic beverages" are defined as beer, wine, liquor or distilled spirits. Further, no existing site which substantially changes its mode or character of operation shall continue to operate without first obtaining a conditional use permit in accordance with the procedures in Section 17.02.210 of this title and the requirements of this section. Following a public hearing on the conditional use permit application, at which all parties may present testimony, the Planning Commission shall record their decision in writing by resolution and shall recite therein the findings of fact, based on substantial evidence in view of the whole record, upon which their decision is based.

A copy of the conditions of approval for the conditional use permit must be kept on the premises of the establishment and be presented to any peace officer or any authorized city official upon request.

Conditional Use Permit—Findings. In making any of the findings required pursuant to this section, the Planning Commission, or the City Council on appeal: (1) shall consider whether the proposed use will adversely affect the welfare of area residents in the area of establishments dispensing, for sale or other considerations, alcoholic beverages, including beer and wine; (2) shall also consider whether the proposed use will detrimentally affect nearby residentially zoned communities in the area, after giving consideration to the distance of the proposed use from the following:

Residential buildings;

Churches, schools, hospitals, public playgrounds and other similar uses.

On-Sale Alcoholic Beverage Establishments Defined. "On-sale alcoholic beverage establishment" means any establishment wherein alcoholic beverages are sold, served or given away for consumption on the premises, including, but not limited to, any facility which has obtained an alcoholic beverage control license type 40 (on-sale beer eating place), type 41 (on-sale beer and wine eating place), type 42 (on-sale beer and wine), type 47 (on-sale general restaurant), type 48 (on-sale general bar), type 51 (club), type 52 (veteran club) and type 63 (beer and wine hospital). Typical on-sales uses include, but are not limited to, the following establishments: beer bars, bona fide restaurants, subject to the provisions set forth in Section 17.04.140.G, ballrooms, dance bars, piano bars, billiard and/or game parlors, night clubs, or other private clubs, and veterans clubs.

Requirements for On-Sale Alcoholic Beverage Establishments, Other Than Bona Fide Restaurants. In addition to the findings required by Section 17.02.210, the Planning Commission or the City Council on appeal may approve and/or modify a conditional use permit application for on-sale alcoholic beverage establishments only after mailing all of the following findings of fact in a positive manner:

That no on-sale alcoholic beverage establishments shall be maintained within 500 feet from any school or park. Fraternal organizations and bona fide restaurants are exempt from this provision. All distances shall be measured between the nearest entrances used by patrons of such establishments along the shortest route intended and available for public passage to the nearest property line of any of the above referenced consideration points.

That a masonry wall of six feet in height shall be constructed around the parking area of such establishments when said area is adjacent to properties zoned or used for residential purposes or any of the above referenced consideration points.

That the noise levels generated by the operation of such establishment shall not exceed 45 dBA on adjoining properties zone or used for residential purposes.

That exterior lighting of the parking area shall be kept at an intensity of between one and two foot candles, so as to provide adequate lighting for patrons while not disturbing surrounding residential or commercial area. Light sources shall be screened.

That the sale of alcoholic beverages for consumption off the premises shall be prohibited.

That special security measures such as security guards and burglar alarm systems may be required.

That a landscape and irrigation plan shall be submitted to the Planning Division for review and approval. The plan shall indicate the size, spacing, location, number and type of all plant material to be installed and shall depict a permanent automatic irrigation system with a separate electrical meter. The landscape plan shall also indicate patios and walls, fences, hedges or other means of separating private open areas.

That parking shall be provided in conformance with the off-street parking standards set forth in Chapter 17.03, Article II of the Norwalk Municipal Code.

That no signs shall be installed on the site until a sign permit has been approved by the Planning and Building Divisions in conformance with the sign provisions set forth in Chapter 17.03, Article III of the Norwalk Municipal Code.

10.

That the operator of the use shall provide night lighting and other security measures as deemed necessary by Public Safety and Community Development.

11.

That the operator shall maintain the lot free and clear of trash and debris, and graffiti at all times.

12.

That the operator of the use shall prevent loitering or other activity in the parking lot that would be a nuisance to adjacent uses and/or residential neighborhoods.

13.

That the use shall not be in a reporting district with more than the recommended maximum concentration of the applicable on- or off-premises sales use, as recommended by the Department of Alcohol Beverage Control (ABC), nor with a high crime rate as reported by the Norwalk Sheriff Department, unless the Planning Commission can make one or more of the following findings:

The proposed use will result in a net employment gain in the City (especially of local residents);

The proposed use will result in a substantial increase in business taxes;

The proposed establishment is a unique business addition to the City;

The proposed use will contribute to the long-term economic development goals of the City;

The aesthetic character and ambiance of the proposed use will result in an overall positive upgrade in the area and City; or

The viability of the business to operate profitably without alcohol sales is low.

The Planning Commission, and on appeal the City Council, shall have the right to impose additional conditions as it deems necessary for the protection of the public health, safety and welfare.

Bona Fide Restaurant Defined. "Bona fide restaurant" means a place which is regularly used and kept open for the serving of meals to guests for compensation and which has:

A suitable kitchen facilities for the cooking of an assortment of foods, which may be required for meals;

A primary use of sit down service to patrons;

Adequate seating arrangements for sit down patrons provided on the premises;

Take-out service that is only incidental to the primary sit down use;

Alcoholic beverages all sold or dispensed for consumption on the premises only and only when served at tables or sit-down counters by employees of the restaurant; and

A bona fide restaurant does not include any billiard or pool hall, bowling alley or adult entertainment business as defined in the Norwalk Municipal Code.

On-Sale Requirements and Standards for Bona Fide Restaurants. The Director may administratively approve the on-sale of alcoholic beverages for bona fide restaurants subject to the requirements contained in this section and may impose such other conditions as deemed necessary, to ensure compliance with regulations and the purpose, spirit and intent of this code, and thereby serve the best interest of the area and community. The Director may at his or her discretion refer any request to the Planning Commission for review and determination.

Development Standards and Operations.

Alcohol must be served at tables or sit-down counters by employees of the restaurant.

The sale of beer and wine for consumption off the premises is prohibited.

Gross monthly sales of alcohol shall not exceed gross monthly sales of food and other nonalcohol items within the same period. The licensee shall at all times maintain records, which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said reports shall be kept no less frequently than on a quarterly basis and shall be made available to the City on demand.

Entertainment in conjunction with the restaurant is limited to indoor ambient music to compliment the dining experience, and shall be limited to background music at a low volume that is not audible outside of the building. The establishment shall remain in compliance with Title 9, Chapter 9.04, Article III. Noise.

No employee or agent shall be permitted to accept money or any other thing of value from a customer for the purpose of sitting or otherwise spending time with customers while in the premises, nor shall the licensee/petitioner provide or permit, or make available either gratuitous or for compensation, male or female persons who act as escorts, companions, or guests of and for the customers.

Licensee/petitioner shall not require an admission charge or a cover charge, nor shall there be a requirement to purchase a minimum number of drinks.

The premises shall be maintained as a restaurant and shall provide a menu containing an assortment of food as offered in such restaurants.

During normal meal hours, the business shall be designed and used for and must possess the necessary utensils, table service, and condiment dispensers with which to serve meals to the public.

Any graffiti painted or marked upon the premises shall be removed or painted over to match the color of the surface to which it is applied within 48 hours of the discovery thereof.

Applicant will cooperate with the prosecution of offenders who engage in unlawful activity on site.

The owner, manager, or person in charge of the establishment shall be 21 years or older. At least one such person shall be present on the premises at all times. No person under the age of 18 shall sell or serve alcoholic beverages.

Security.

Security lighting shall be provided on all sides of the exterior of the building and within the parking lot to fully illuminate all areas. All inoperable lighting shall be repaired/replaced within 24 hours to ensure adequate lighting is in place at all times. A lighting plan shall be submitted for review and approval by the Public Safety and Community Development Departments.

The business operator shall participate in the Department of Public Safety's Business Watch program and anti-trespassing/enforcement program (S.H.A.P.E.), which includes signing of the Department SHAPE contract and Sheriff Letter of Agency, along with posting signage in the parking lot for "No Trespassing," and signage on the business front window/entrance area for "No Panhandling." Participation in the programs must be initiated within 30 days of obtaining Director approval.

A surveillance camera system is to be maintained operational at all times, including during non-business hours. The system features and functions shall be accessible by business management staff at all times during normal business hours.

A unique user ID and password shall be created and provided for the Public Safety Department to access the system at any time during an emergency or crime in progress. Business shall contact the Public Safety Department to provide this information within 30 days of the business starting operation.

Business shall make all video stored on the digital video recording system available to the Public Safety Department and Norwalk Sheriff's Station at any time. The Public Safety and/or Sheriff's Station may request copies of recorded videos. Business must provide the requested video recording within 24 hours of the Public Safety/Sheriff request.

Cameras shall be placed to provide visual coverage of all entrances/exits, cash registers, safes, office/storage area, and adjacent parking areas. A security camera plan shall be submitted for review and approval by the Public Safety Department, Community Development Department, and the Norwalk Sheriff's Station.

Monitoring.

The restaurant shall be responsible for maintaining the premises and adjoining rights-of-way free of debris and litter.

The restaurant shall be responsible for monitoring both patron and employee conduct on the premises and within the parking areas under its control to prevent behavior that adversely affects or detracts from the quality of life for adjoining residents, property owners, and businesses.

All trash and recycling bins under control of the restaurant shall be kept closed and locked at all times when they are not in use, and shall be maintained such that they do not overflow.

Loitering is prohibited on all areas under the control of the restaurant. A "No Loitering or Public Drinking" sign that is a minimum of four by six inches shall be posted outside next to every exit.

A minimum of one on-duty manager with authority over the activities within the restaurant shall be on the premises at all times that the restaurant is open for business. The on-duty manager's responsibilities shall include the monitoring of the premises to ensure compliance with all applicable State laws, Municipal Code requirements and the conditions imposed by the Department of Alcoholic Beverage Control (ABC). The restaurant shall be responsible for discouraging illegal and criminal activity on the subject premises and any exterior area under its control.

All employees involved with the sale of alcohol, are to complete a Responsible Beverage Server (RBS) training course approved by the California Department of Alcohol Beverage Control and City of Norwalk, Department of Public Safety within six months of Director Approval or an employee's start date, whichever occurs later. Visit ABC website to find an RBS course provider.

Business manager and employees involved with the sale of alcohol, must attend the ABC Licensee Education on Alcohol and Drugs (LEAD) Program which is a free prevention and education program for retail licensees, and their employees. Program must be completed within six months of Director Approval or an employee's start date, whichever occurs later. The curriculum is designed for licensees, managers and employees. Program length is four hours. Contact the Public Safety Department for information on the class schedule.

An electronic age verification device shall be retained on the premises available for use during operational hours. This device shall be maintained in operational condition and all employees shall be instructed in its use.

Administration.

The owner or the operator of the bona fide restaurant shall request Director approval as prescribed in Section 17.02.203.

The applicant shall pay the fees required for Director Approval, as prescribed by a fee resolution adopted by the City Council.

The City shall have the authority to conduct inspections to verify compliance with any and all of the requirements pursuant to subsection G of this section.

Prior to the issuance of a Director Approval, the owner and operator shall execute and record a covenant and agreement satisfactory to the Director, acknowledging that the owner and operator shall agree to comply with each of the provisions set forth in Section. A certified copy bearing the Recorder's number and date shall be provided to the Community Development Department, Planning Division. The agreement shall run with the land and shall be binding on any subsequent owners, heirs or assigns. The agreement with the requirements attached must be submitted to the Community Development Department, Planning Division for review and approval before being recorded.

Off-Sale Alcoholic Beverage Establishments Defined. An "off-sale alcoholic beverage establishment" means any establishment which has obtained a type 20 (off-sale beer and wine) or a type 21 (off-sale general), selling alcoholic beverages in an unopened container for consumption off the premises. Typical off-sale uses include, but are not limited to, the following establishments: food markets, supermarkets, drugstores, liquor stores and convenience markets.

Requirements for Off-Sale Alcoholic Beverage Establishments. In addition to the findings required by Chapter 17.36, the Planning Commission or the City Council on appeal may approve and/or modify a conditional use permit application for off-sale alcoholic beverage establishments only after mailing all of the following findings of fact in a positive manner.

That off-sale alcoholic beverage establishments shall not sell or store motor fuels on the same premises as alcoholic beverages, except upon condition of the following:

No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler as of January 1, 1989.

No advertisements of alcoholic beverages shall be displayed at motor fuel islands.

No sale of alcoholic beverages shall be made from a drive-up window.

No display or sale of beer or wine shall be made from an ice tub.

No beer or wine advertising shall be located on motor fuel islands and no self-illuminated advertising for beer or wine shall be located on buildings or windows.

In addition to the conditions enumerated above, additional conditions may be imposed.

That no off-sale alcoholic beverage establishment, except stores of more than 20,000 square feet of floor area, and also providing fresh fruit, vegetables and meat in addition to canned goods, shall be located within 500 feet of a school or park. The distance of 500 feet shall be measured between the nearest entrances used by patrons of such establishments along the shortest route to other establishments, or to the nearest property line of any of the above referenced consideration points.

That a masonry wall of six feet in height shall be constructed around the parking area of such establishments when the area is adjacent to properties zoned or used for residential purposes, or any of the above referenced consideration points.

That the noise level generated by the operation of such establishments shall not exceed 45 dBA on adjoining property zones or used for residential purposes.

That the operation of video, or any other electronic games may be prohibited in conjunction with the sales of alcoholic beverages.

That the sale of alcoholic beverages for consumption on premises shall be prohibited and appropriate posting of signs both inside and outside the establishment that drinking on the premises is prohibited by law. The premises shall include the establishment of proper and/or, the appurtenant common areas if located in a commercial center.

That special security measures such as security guards and burglar alarm systems may be required.

That exterior public telephones that permit incoming calls may not be located on premises.

10.

That exterior storage of any kind shall be prohibited.

11.

That litter and trash receptacles shall be located at convenient locations inside and outside establishments, and operators of such establishments shall remove trash and debris on a daily basis.

12.

That paper or plastic cups shall not be sold in quantities less than their usual and customary packaging.

13.

That upon a showing of good cause, and after notice and an opportunity to be heard, the hours of operation may be restricted.

14.

15.

That parking shall be provided in conformance with the off-street parking standards set forth in Chapter 17.03, Article II of the Norwalk Municipal Code.

16.

17.

The operator of the use shall provide night lighting and other security measures to the satisfaction of the Norwalk Sheriff's Station.

18.

The operator shall maintain the lot free and clear of trash and debris, and graffiti at all times.

19.

The operator of the use shall prevent loitering or other activity in the parking lot that would be a nuisance to adjacent uses and/or residential neighborhoods.

20.

The use shall not be in a reporting district with more than the recommended maximum concentration of the applicable on- or off-premises sales use, as recommended by ABC, nor with a high crime rate as reported by the Norwalk Sheriff Department, except stores of more than 20,000 square feet floor area, and also providing fresh fruit, vegetables and meat, in addition to canned goods, unless the Planning Commission can make one or more of the following findings:

The proposed use will result in a net employment gain in the City (especially of local residents);

The proposed use will result in a substantial increase in business taxes;

The proposed establishment is a unique business addition to the City;

The proposed use will contribute to the long-term economic development goals of the City;

The aesthetic character and ambiance of the proposed use will result in an overall positive upgrade in the area and City; or

The viability of the business to operate profitably without alcohol sales is low.

The Planning Commission, and the City Council on appeal, shall have the right to impose additional conditions for the protection of the public health, safety and welfare.

Existing Establishments Selling Alcoholic Beverages (On-Sale and Off-Sale).

Any establishment lawfully existing prior to the effective date of the ordinance codified in this section and licensed by the State of California for the retail sale of alcoholic beverages for on-site and off-site consumption shall obtain a conditional use permit when: (a) the establishment changes its type of liquor license within a license classification; and/or (b) there is a substantial change in the mode or character of operation. For purposes of this section "substantial change of mode or character of operation" shall include, but not be limited to, structural changes (i.e., expansion of usable floor area is proposed or remodeling), a pattern of conduct in violation of other laws or regulations, or a period of closure for more than 30 days.

Any establishment which becomes lawfully established on or after the effective date of the ordinance codified in this section and licensed by the State of California for the retail sale of alcoholic beverages for on-site and off-site consumption, shall obtain a modification of conditional use permit when: (a) the establishment changes its type of liquor license within a license classification; and/or (b) there is a substantial change in the mode or character of operations of the establishment.

Except as provided herein, establishments not conforming to the spatial requirements of referenced consideration points, shall not be permitted to expand, rebuild or replace a structure or portion of structure when there has been destruction of 50% or more of the particular structure as determined by Chapter 17.01, Article IV of the Norwalk Municipal Code and/or fire inspector. Ordinarily repair and maintenance not exceeding 15% of the property's assessed valuation shall not be affected.

Revocation of Conditional Use Permit. A conditional use permit granted under this section shall be subject to revocation in the manner provided by Section 17.02.210.K if any of the conditions imposed and accepted are not complied with within the time frame established.

(Prior code § 27-22.19; Ord. 20-1720 § 2; Ord. 21-1722 § 2)

§ 17.04.145 Automobile wrecking.

Automobile wrecking is subject to the issuance, existence and validity of a conditional use permit as specified in Section 17.04.010, pursuant to Section 17.02.210 and the following requirements:

No compacting or shredding of vehicles, parts, or any other item is allowed on the premises.

All work and use of tools on vehicles or parts, including disassembly or repair, shall be conducted within a fully enclosed building, except customers may use non-powered hand tools and devices may be used only to lift or remove vehicles and parts into or from storage locations.

All tires and hazardous waste shall be stored a minimum of 100 feet from any property occupied by residential uses or designated by the General Plan for residential land uses. This section does not apply to tires and hazardous waste that are normally a part of a fully assembled vehicle.

Minimum eight-foot-high masonry block walls and solid, view obscuring gates, measured from highest finished grade, shall be provided and shall fully enclose the outdoor storage area. To provide additional screening beyond eight feet in height, the Planning Commission may approve other screening materials to be installed on top of the required masonry wall.

The total lot area used by the automobile wrecking business shall be not less than one acre or 43,560 square feet. On a property occupied by more than one use, only the portion of the lot used by the automobile wrecking business shall be counted.

A minimum of one parking space shall be provided for each 2,000 square feet of lot area used by the automobile wrecking business, not including the area occupied by any buildings, plus a minimum of one parking space shall be provided for each 250 square feet of gross building floor area.

(Ord. 20-1720 § 2; Ord. 21-1722 § 2)

§ 17.04.150 Machine shops.

Machine shops as a use accessory and incidental to a permitted or conditionally permitted automobile related principal use, are subject to the issuance, existence and validity of a conditional use permit as specified in Section 17.04.010, pursuant to Section 17.02.210 and subject to the following minimum conditions and standards in addition to any others deemed necessary and appropriate to insure compatibility with existing or future permitted uses in the vicinity:

All work activity shall be conducted within an enclosed structure;

Machinery and equipment shall be screened by solid walls in such a manner as to substantially reduce the escape of noise; and

In addition, the following factors shall be considered in determining an. appropriate incidental machine shop use: total horsepower of all machines; the ratio of accessory use floor area to the principal use; and the use of separate advertising.

(Ord. 20-1720 § 2; Ord. 21-1722 § 2)

§ 17.04.155 Automobile dealer.

Automobile dealer may include repair, painting and body work are subject to the issuance, existence and validity of a conditional use permit pursuant to Section 17.02.210, in certain zones as described in Section 17.04.010 and the following minimum conditions and standards in addition to any others deemed necessary and appropriate to ensure compatibility with existing or future uses in the vicinity:

All work activity shall be conducted within an enclosed structure; in addition, all buildings and structures used wholly or partially for vehicle body and fender repair and/or painting shall have a setback of at least 100 feet from a property zoned or used for commercial or residential purposes. However, any building or structure used for vehicle body and fender repair and/or painting may be less than 100 feet from property zoned or used for commercial or residential use if the following conditions are met:

Exterior walls shall be at least six inches in thickness, and shall be constructed of reinforced concrete or concrete block or of other materials and designs approved by the Community Development Department.

Only fixed or stationary windows that provide adequate sound attenuation to prevent the emission of noise of such a nature or intensity as would tend to disturb abutting properties may be constructed in walls parallel to such side or rear lot lines and shall be approved by the Community Development Department.

Roof openings may be constructed in such buildings or structures only if they are so equipped that they may be close to prevent the emission of noise of such a nature or intensity as would tend to disturb abutting properties.

No vehicles awaiting repair, body and fender work or painting shall be stored outside of an enclosed building within 10 feet of an abutting property used or zoned for commercial or residential purposes.

Wall to Separate from Commercial and Residential Uses. A solid masonry wall, not less than six feet in height, shall be constructed and maintained along each lot or parcel line of property zoned or used for vehicle body and fender repair or painting purposes when such lot or parcel line abuts property zoned or used for commercial or residential purposes. The construction and maintenance of such wall shall be the responsibility of the vehicle body and fender repair or painting user.

Entrances and Openings. Within 100 feet of a property zoned or used for commercial or residential purposes, no doorway entrance or other opening in excess of four feet by eight feet shall be installed or maintained on a wall facing such property; provided, however, that an entrance or opening in excess thereof may be installed in a building wall on the opposite side of such commercial or residential property, and provided further, that an entrance or opening in excess thereof may be installed in a wall substantially perpendicular to the lot line abutting such commercial or residential property within 100 feet of such property when such opening is separated from such side or rear lot line by a portion of the building or structure at least equal in length to the width of such opening and substantially perpendicular to such opening.

(Ord. 20-1720 § 2; Ord. 21-1722 § 2)

§ 17.04.160 Internet-related businesses.

Purpose. The City Council finds and determines that Internet-related business establishments present problems that are encountered by residents of Norwalk, including, but not limited to, littering, loitering, crime, interference with children on their way to school, defacement and damaging of structures, discouragement of more desirable and needed commercial uses connected primarily with the operation of such establishments. The standards set forth in this section are necessary to reduce the above negative impacts, including crime, associated with the unregulated proliferation of Internet-related businesses. Therefore, it is the purpose and intent of the City Council, in enacting this section, to regulate Internet-related businesses for the protection of the public, for the additional protection of minors and for the preservation of the peace and welfare of the community. Zoning and other police power regulations, such as those employed in this section, are legitimate, reasonable means of accountability to help protect the quality of life in the City of Norwalk and to help ensure that all operators of Internet-related businesses comply with reasonable, content neutral, regulations.

Operational Standards for Internet-Related Businesses. The following operational standards shall be met by Internet-related business establishments.

An Internet-related business shall be permitted only in the C-3, M-1, and M-2 zones.

Hours of Operation. The hours of operation shall be limited to 7:00 a.m. to 12:00 a.m. of each day. There shall be no customers in or about the premises between the hours of midnight and 7:00 a.m., any day of the week.

Minors. Unless accompanied by a parent or legal guardian, no person under 18 years of age (hereinafter referred to as "minor"), who is subject to compulsory education or compulsory continuing education, may be present in an Internet-related business between the hours of 8:00 a.m. and 3:00 p.m. on days when the minor's school is in session, or if those hours are not applicable to the minor, then on those days and during those hours of schooling applicable to the minor. No minor may be present in an Internet-related business between 10:00 p.m. until the business closing time, unless accompanied by a parent or legal guardian. Each operator shall post a sign in a conspicuous location near each entrance of the business, in letters two inches in height, advising patrons of the time restrictions applying to minors.

Employees.

A minimum of one employee, not less than 21 years of age, shall be on the premises during all hours of operation.

All employees shall have the ability to immediately contact the business owner.

Sexually Oriented Business Prohibited. Sexually oriented businesses or activities are prohibited unless specifically approved pursuant to the requirements of Norwalk Municipal Code Sections 17.02.160, 17.02.170 and 17.04.100.

Use Restrictions on Subject Property.

No gambling or live entertainment shall be permitted on a permanent or temporary basis within the premises.

No music or noise generated from within an Internet-related business and discernable from the outside of the establishment shall be permitted.

No alcoholic beverage shall be sold or consumed within the premises. No intoxicated person shall be permitted to enter into or remain in the Internet-related business.

The Internet-related business use shall be conducted entirely within a building.

Design Requirements.

Adequate interior visibility into the establishment shall be provided at all times. All windows and entrances to and into the business shall be left clear and unobstructed to allow an unimpaired line of sight into the interior of the business during nighttime hours. During daytime hours, window shades or screens may be used to filter the sun as long as the shades or screens do not obscure visibility into the establishment. Window signage shall be limited to 10% of the total window area.

All entrances and exits for Internet-related business establishments shall be clearly revealed and designated and shall remain unlocked for unrestricted ingress and egress while guests, patrons, or invitees are in the establishment. Ingress and egress to the establishment shall be provided through a main, front entrance. Ingress and egress through rear, side, or secondary doors shall be permitted for emergency purposes only and shall be clearly marked as emergency entry/exits.

"No Loitering" signs shall be posted at the front and rear outdoor areas of the business.

A waiting area with not less than eight seats shall be provided for customers waiting to use a computer. No outside waiting or seating area is permitted.

One fully functioning public restroom facility shall be provided for customer use.

There shall be a fully functioning camera/video surveillance system capable of clearly recording the activity and physical features of persons or areas within the premises. The system shall record activities in the entire interior of the premises, including all entrance and exit points, and the property directly adjacent to the entry and exit doors. The system shall be subject to inspection by the city during business hours any day of the week. The system shall be maintained in good working order, including the running of the videotape at all times. Each videotape shall be maintained for a minimum period of 72 hours. Each Internet-related business shall post a sign in a conspicuous location near each entrance stating that the premises are subject to video surveillance.

(Prior code § 27-22.24; Ord. 1545 § 2, 2004; Ord. 21-1722 § 2)

§ 17.04.165 Tank farms.

Tank farms storing flammable liquids, are subject to the issuance, existence and validity of a conditional use permit as specified in Section 17.04.010, pursuant to Section 17.02.210 and provided that the following minimum conditions, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future permitted uses in the vicinity, are met:

Five hundred foot separation from the nearest storage tank to any adjacent or surrounding residential or public land use or zone by a minimum eight-foot-high solid masonry wall and a minimum 20 foot-wide landscaped area containing trees of adequate size to provide a substantial shield for neighboring properties. Where adjacent or surrounding property is zoned or used for industrial purposes, chain-link fencing may be substituted for masonry walls and the landscape width reduced to 10 feet if the Planning Commission determines that substantially the same protection will be given the adjoining and neighboring uses, considering their proximity and nature.

(Ord. 20-1720 § 2; Ord. 21-1722 § 2)

§ 17.04.170 Hospitals.

Purpose. It is the purpose of this section to provide for the orderly establishment and use of property for hospitals within the City. A conditional use permit shall be granted for such uses in any zone, if it is found that the proposed location of such uses will be in harmony with the general purposes and intents of this title and of any general plan, existent or in the process of being prepared, and will not be materially detrimental to the character of the development in the immediate neighborhood. Applicable provisions of the Welfare and Institutions Code and Health and Safety Code and other codes of the State shall control the granting and terms of conditional use permits for such purposes. Parking shall be provided as specified by Chapter 17.03, Article II.

Hospitals. Hospitals of any size may be established and the property so used in any zone except M-1, M-2 and P and except as limited in a C-3 zone by the provisions of M-1 zone by Section 17.07.020(A)(2), subject to the approval and terms of a conditional use permit. In considering an application for a permit to establish a hospital, the Commission, and the City Council in the event of an appeal, shall require, in addition to the requirements specified in Section 17.02.210, assurances from the proposed operators of their ability to meet all requirements of the State, including any applicable codes, laws, rules or regulations. The Commission or Council may require the submission of plot plans and construction details for approval, and may also require the applicants to post with the City faithful performance bonds to assure compliance with the terms and conditions of any permit for such use.

Validity. In the event that it is judicially determined that any requirement of this section is invalid, then the uses affected shall be permitted only in a C-1 zone, subject to all of the limitations and conditions applicable thereto, except that habitable rooms are permitted.

Interpretation. The designation of specific uses permitted as set forth in this section shall not be construed as meaning that other uses of a similar character which are not more obnoxious or detrimental to the public health, safety or welfare than those enumerated are prohibited; provided, however, that any use not specified which, in the sound judgment of the Commission, does not come within the purpose of this article is prohibited.

(Prior code §§ 27-29.1, 27-29.3, 27-29.5, 27-29.6; Ord. 21-1722 § 2)

§ 17.04.175 Animal clinic or hospital.

Animal clinics or hospitals are subject to Director approval pursuant to Sections 17.02.203 and 17.04.010 provided that the following conditions are met:

Boarding for other than surgical recovery or medical treatment is prohibited,

Disturbing noises are prohibited and adequate sound-proofing shall be provided together with other conditions to control odors, method of disposal of dead animals, and other aspects necessary to assure compatibility, and

Animals shall be housed within a building, and outdoor runs or kennels may be prohibited.

(Ord. 20-1720 § 2; Ord. 21-1722 § 2)

§ 17.04.180 Sanitariums.

Purpose. It is the purpose of this section to provide for the orderly establishment and use of property for sanitariums within the City. A conditional use permit shall be granted for such uses in any zone, if it is found that the proposed location of such uses will be in harmony with the general purposes and intents of this title and of any general plan, existent or in the process of being prepared, and will not be materially detrimental to the character of the development in the immediate neighborhood. Applicable provisions of the Welfare and Institutions Code and Health and Safety Code and other codes of the State shall control the granting and terms of conditional use permits for such purposes. Parking shall be provided as specified by Chapter 17.03, Article II.

Sanitariums of All Kinds. In considering an application for a permit to establish a sanitarium in any zone except M-1 or P, the Commission, and the City Council in the event of appeal, shall consider, in addition to the factors specified in Section 17.02.210, the following:

The size of the subject property.

Its separation from adjacent uses.

The patient control procedures proposed to be instituted to:

Meet the requirements of the proper licensing agency of the City or of the State; and

To assure residents and property owners in the vicinity against any substantial invasion of their rights to privacy and complete enjoyment of their property.

The architectural treatment of the premises proposed to be occupied by the use, and its compatibility with the neighborhood.

The extent of proposed landscape treatment of the site, and the assurances of continued maintenance thereof.

Such other factors as the public health, safety and general welfare, and the purposes and intents of this title, may require.

Evidence of the ability of the proposed operator of the proposed use to meet any and all conditions imposed. The Commission or City Council may require the applicant to post with the City faithful performance bonds to assure compliance with the terms and conditions of any permit for such uses. The statement of such authority is not intended to foreclose a similar requirement in other appropriate circumstances.

(Prior code §§ 27-29.1, 27-29.2, 27-29.5, 27-29.6; Ord. 21-1722 § 2)

§ 17.04.185 Discount stores.

Discount stores are subject to the issuance, existence and validity of a conditional use permit as specified in Section 17.04.010, pursuant to Section 17.02.210 and provided that the following minimum conditions, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future permitted uses in the vicinity, are met:

Use Classification. Retail establishments that sell a broad range of outlet, close-out, discontinued, liquidation, or overstock and general merchandise, primarily at a single discount price and/or in the low and very low price ranges.

Minimum Lot Area. Discount stores shall not be permitted on lots less than six acres of net area.

Minimum Separation Requirement. New discount stores shall not be less than one-half mile from an existing discount store.

(Ord. 20-1720 § 2; Ord. 21-1722 § 2)

§ 17.04.190 Child care centers, day nurseries, foster homes, homes for the aged, convalescent homes, eleemosynary institutions.

Purpose. It is the purpose of this section to provide for the orderly establishment and use of property for child care centers, day nurseries, foster homes for children, homes for the aged, convalescent homes and eleemosynary institutions within the City. A conditional use permit shall be granted for such uses in any zone, if it is found that the proposed location of such uses will be in harmony with the general purposes and intents of this title and of any general plan, existent or in the process of being prepared, and will not be materially detrimental to the character of the development in the immediate neighborhood. Applicable provisions of the Welfare and Institutions Code and Health and Safety Code and other codes of the State shall control the granting and terms of conditional use permits for such purposes. Parking shall be provided as specified by Chapter 17.03, Article II.

Child care centers, day nurseries, foster homes, homes for the aged, convalescent homes and eleemosynary institutions may be established in any zone except M-1, M-2 and P, and the property so used, subject to the approval and terms of a conditional use permit.

(Prior code §§ 27-29.1, 27-29.4—27-29.6; Ord. 21-1722 § 2)

§ 17.04.195 Emergency shelters.

Purpose. It is the purpose of this section to provide for the orderly establishment and use of property for emergency shelters within the City.

Emergency shelters may be established in the M-1 or M-2 zones, and when the property is so used, shall comply with the following development and operational standards.

Development Standards.

Emergency shelters shall comply with all standards of the M-1 and M-2 zones per Title 17 of the Norwalk Municipal Code and Building and Safety Standards per Title 15 of the municipal code.

An emergency shelter or a combination of emergency shelters with 50 beds or fewer shall be allowed as a permitted use in the M-1 or M-2 zone as long as such shelters comply with the provisions of this section. Emergency shelters with more than 50 beds or existing emergency shelters that increase their bed capacity to more than 50 beds are allowed with the approval of a conditional use permit in addition to compliance with the provisions of this section.

Off-street parking shall be provided pursuant to Chapter 17.03, Article II of this title.

Bike racks shall be provided at the facility where the emergency shelter is located.

A minimum distance of 300 feet shall be maintained from any other emergency shelter, as measured between property lines.

Emergency shelters shall be located within one-quarter mile from a designated public transportation stop.

Exterior lighting shall be provided for the entire outdoor and parking area of the property, at an intensity of between one and two foot candles, so as to provide adequate lighting for the property while not disturbing surrounding residential or commercial areas. Light sources shall contain light shields to prevent the spillage of lighting onto adjacent properties.

Improvements made to emergency shelter facilities shall comply with the provisions of the Norwalk Municipal Code or the most current adopted Building and Safety Code in the category of dormitories, whichever is more restrictive, and shall include the following:

Toilet facilities: one for every eight beds per gender;

ii.

Shower facilities: one for every eight beds per gender; and

iii.

Private shower and toilet facility for each area designated for use by individual families.

A waiting and client in-take area shall be provided at a rate of 10 square feet per bed, with a minimum of 100 square feet. Any exterior areas used for such purposes must be screened from the public right-of-way and the public view by a minimum six-foot tall visually screening decorative wall or fence.

A refuse storage area that is fully enclosed with masonry walls and solid gates and large enough to accommodate a standard-sized trash bin adequate for the use on the property shall be provided.

Operational Standards.

The maximum length of stay shall not exceed 180 consecutive days in a 365 day period.

The emergency shelter facility shall provide an on-site manager at the facility at all times of operation.

The facility shall operate on a first-come, first-serve basis with clients permitted on-site and admitted to the facility between 6:00 p.m. and 7:00 a.m. during Pacific Daylight Time, and 5:00 p.m. and 7:00 a.m. during Pacific Standard Time. Clients must vacate the facility by 8:00 a.m.

Each facility operator must provide a detailed operations plan for review and approval of the Public Safety Department, the Los Angeles County Sheriff's Department, and Community Development Department prior to the operation of a shelter. The plan, at minimum, shall address such items as follows:

On-site security and safety;

ii.

Number of staff and/or volunteers per shift;

iii.

Ratio of staff to clients;

iv.

Staff training and qualifications;

Loitering control;

vi.

Client eligibility;

vii.

Types of services and social services offered;

viii.

Indoor and outdoor management of the facility;

ix.

Neighbor communication plan to include a written protocol for ongoing communications with the City and the surrounding neighborhood to respond to neighborhood complaints.

Alcohol and narcotics use and consumption are prohibited within the facility and on the property.

The emergency shelter facility may provide the following services in a designated area separate from sleeping areas:

A recreation area inside the shelter or in an outdoor area visually separated from public view by a minimum six-foot tall visually screening decorative wall or fence.

ii.

A counseling center for job placement, educational, health care, legal services, or mental health services.

iii.

Laundry facilities to serve the number of clients at the shelter.

iv.

Kitchen and dining areas, which must be in compliance with all applicable Los Angeles County Health Department regulations.

Client storage area.

Security personnel shall be provided during operational hours and when people are waiting outside the emergency shelter facility.

The emergency shelter facility shall be subject to City inspections prior to the commencement of operation. In addition, the City may inspect the facility at any time for compliance with the facility's operation plan and other applicable laws and standards.

Approval. An application to establish and operate an emergency shelter shall be submitted to the Community Development Department.

Applications for an emergency shelter or combinations of emergency shelters with 50 or fewer beds, shall be reviewed and approved by the Director of Community Development if the application:

Meets the development and operational standards set forth in this section; and

The applicant has submitted for review and approval its operations plan as required by subsection (B)(2)(d).

Applications for an emergency shelter with more than 50 beds or an existing emergency shelter that desires to increase their current bed capacity to more than 50 beds, the application shall be accompanied with an application for a conditional use permit and shall be processed pursuant to the applicable provisions of the Norwalk Municipal Code.

(Ord. 14-1652 § 3; Ord. 21-1722 § 2)

§ 17.04.197 Smoke shops.

Purpose. The specific purpose of this section is to establish regulations for smoke shops.

Definitions. For the purpose of this section, "smoke shop" shall be defined as indicated in Section 17.01.060, Definitions, of this title.

Conditional Use Permit. Smoke shops, are permitted in the C-1, C-3, C-M, M-1 and M-2 zones, and specific plan areas as listed in Chapter 17.09 of this title, subject to the issuance, existence and validity of a conditional use permit as provided for in Section 17.02.210 of this title and full compliance with each and every condition thereof. Such conditional use permit shall be issued only if the applicant has submitted a site plan showing the location of the use and the following findings have been made:

That the proposed use is a smoke shop as defined in Section 17.01.060 of this title;

That the establishment of the proposed use is consistent with the purpose and intent of this title and of the particular zone;

That the proposed use is compatible with surrounding uses;

That the proposed use does not have a detrimental effect on the public health, safety, or general welfare; and

That the proposed use complies with all applicable State and local laws, and that all necessary building, plumbing and electrical permits have been obtained.

Locational and Operational Requirements. Smoke shops shall comply with the following requirements:

That the proposed use is being established outside of 600 feet of a sensitive use as such term is defined in Section 17.01.060 of this title;

Written approval from the property owner where such use is to be established, authorizing same;

Each smoke shop shall hold a valid California Cigarette and Tobacco Products Retailer's License issued by the State Board of Equalization, in accordance with State law, and shall be prominently displayed in a publicly visible location at the establishment;

Each smoke shop shall have an on-site manager a minimum of 21 years of age;

No person who is younger than the minimum age of 18 years or as established by State law shall be permitted to sell, display, market, barter, trade or exchange any combination of tobacco, tobacco products, or smoking or exchange of tobacco paraphernalia, including electronic smoking devices and accessories;

No smoking, as defined in Title 8 of this code, shall be permitted within the smoke shop; and

The operation of video games, or any other electronic games is prohibited.

Prior to the effective date of the ordinance codified in this section, a smoke shop lawfully existing and which holds a valid business license in the City of Norwalk, may remain in existence until such time as there is a substantial change in the mode or character of operation. For purposes of this section, "substantial change of mode or character of operation" shall include, but not be limited to, structural changes (i.e., expansion of usable floor area is proposed or remodeling), a pattern of conduct in violation of other laws or regulations, or a period of closure for more than 30 days, notwithstanding, Chapter 17.01, Article IV, Nonconforming Buildings and Uses. Transfers of ownership shall not be considered a substantial change of mode or character of operation. When a substantial change of mode or character of operation occurs, lawfully existing smoke shops must obtain a conditional use permit and shall be subject to the provisions of this section and may not be re-established unless it fully complies with all provisions of subsections C and D of this section.

Prior to the effective date of the ordinance codified in this section, an inventory of existing smoke shop establishments shall be conducted by City staff and filed with the Community Development Department. After the inventory is completed, only those businesses listed in the inventory are determined to be smoke shops lawfully existing as set forth in subsection E of this section.

After the effective date of the ordinance codified in this section, any existing smoke shop that has obtained a conditional use permit that becomes nonconforming to subsection (D)(1) may remain in existence until such time as there is a substantial change in the mode or character of operation. For purposes of this section, "substantial change of mode or character of operation" shall include, but not be limited to, structural changes (i.e., expansion of usable floor area is proposed or remodeling), a pattern of conduct in violation of other laws or regulations, or a period of closure for more than 30 days, notwithstanding, Chapter 17.01, Article IV, Nonconforming Buildings and Uses. Transfers of ownership shall not be considered a substantial change of mode or character of operation.

(Ord. 15-1668 § 9; Ord. 21-1722 § 2)

§ 17.04.198 Mobile food truck.

Purpose. The purpose of these procedures is to regulate mobile food trucks in a manner that protects the public health safety, and welfare, while also accommodating mobile food truck activity that promotes an active and social pedestrian environment within appropriate areas of the City.

Definition. For the purpose of this chapter, the following terms shall have the following meaning:

"Mobile food truck"

means a licensed, motorized vehicle or mobile food unit licensed by the Department of California Department of Motor Vehicles, designed and equipped to prepare, or serve, and sell food, and temporarily stored in a location where food items are sold to the general public.

"Permit holder"

means any person who holds a current food truck permit.

"Permitted parking space"

means the location where a mobile food truck is permitted to prepare, serve and sell food, as identified and approved by the City.

"Vend" or "vending"

means to sell, offer for sale, display for sale, or solicit offers to purchase food or merchandise.

"Vendor"

means any person who owns, operates or manages a business that uses or applies for a food truck permit.

Applicability.

Director approval is required for mobile food truck operations on private property, pursuant to Section 17.02.203.

Once issued, the approval will allow the property owner to authorize individual mobile food truck operators to operate on the premises in accordance with any limitations imposed by the Director and regulations contained in this section.

This section shall not apply to sidewalk vending which is subject to regulations contained in Title 5 Business Licenses and Regulations, Chapter 5.64 Sidewalk Vending.

This section excludes a contractual or other private arrangement between a mobile food truck and an individual or group that wishes to have food catered to a specific location and which is not open to the public.

Location Requirements. Mobile food trucks shall be allowed in accordance with Section 17.04.010.

Submittal Requirements. A written application for Director approval shall be submitted to the Planning Division of the Community Development Department along with a site plan, operational plan; and, any other information as deemed necessary by the Director.

The application shall be accompanied by a fee in an amount established by resolution of the City Council.

Appeal of Decision. An appeal request shall be accompanied by a fee in an amount established by resolution of the City Council.

Use Standards.

The mobile food truck shall be licensed in accordance with the rules and regulations of any local, County, State and Federal agency having jurisdiction over the mobile food truck or products sold therein.

Mobile food trucks must be located at least 300 feet of any property zoned for residential.

Mobile food trucks can only be located on a lot containing a principal building or use. The owner or vendor of a mobile food truck shall not park, operate or place the mobile food truck on a vacant lot.

The maximum number of mobile food trucks per lot is limited as follows:

Maximum of two mobile food trucks on lots of one-half acre or less;

Maximum of three mobile food trucks on lots between one-half acre and one acre; and

Maximum of four food trucks on lots greater than one acre.

Mobile food trucks shall not require use of more than 25% of existing parking spaces.

Mobile food trucks must be located at least 100 feet from the main entrance to any eating establishment or similar food service business, 100 feet from any outdoor dining area and 50 feet from any permitted food vending cart location, as measured from the designated location on the lot accommodating the food truck. In the event that one or more of the aforementioned uses locates within the minimum separation requirement subsequent to food truck location being approved, nothing shall prohibit the property owner from continuing to operate at the approved location until the food truck permit has expired.

Mobile food trucks must be located at least five feet from the edge of any driveway or public sidewalk, utility boxes and vaults, handicapped ramp, building entrance, exit or emergency access/exit way, or emergency call box and must not be located within any area of the lot that impedes, endangers, or interferes with pedestrian or vehicular traffic. Food trucks must be located minimum distance of 15 feet in all directions of a fire hydrant.

Mobile food trucks and associated seating, if any, must not occupy spaces required to fulfill the minimum requirements of the principal use, unless the principle use's hours of operation do not coincide with those of the food truck business.

Mobile food trucks and associated seating, if any, must not occupy parking spaces that may be leased by other businesses and uses to fulfill their minimum parking requirements.

10.

Mobile food trucks must not occupy any accessible parking spaces or impede required path of travel to any accessible parking spaces.

11.

The mobile food truck vendor or their designee must be present at all times while operating, except in cases of an emergency.

12.

All mobile food truck operations shall comply with the requirements set forth in Title 9, Chapter 9.04, Article III, Noise. Sound absorbing devices shall be used to contain or deflect the noise from external generators.

13.

Mobile food truck operations shall comply with the California Retail Food Code (Health and Safety Code).

14.

The owner or vendor of a mobile food truck shall not sell merchandise or prepare, sell or serve food on any public street, sidewalk, or other public right-of-way.

15.

The vendor shall provide a trash receptacle for public use. The trash receptacle must be placed on the exterior of and within ten feet of the mobile food truck. The owner or vendor of the mobile food truck shall keep all areas adjacent to the mobile food truck clean and free from litter, garbage, and debris. The vendor shall ensure that all trash and waste collected from its operations is lawfully and properly disposed.

16.

All mobile food trucks must be parked on asphalt, concrete, or other hard all-weather surface.

Frequency. Mobile food trucks shall be permitted, on each property, a maximum of no more than two days per calendar week. Mobile food trucks may operate at different locations throughout the City as allowed in this section.

Hours of operation. Mobile food trucks may operate at any time between the hours of 8:00 a.m. and 11:00 p.m., up to four consecutive hours per day. Mobile food trucks may operate during the principal use's hours of operation, only if the mobile food truck is not occupying required parking for the principal use. If the mobile food truck is occupying required parking for the principal use, its operations must be during the principle use's non-hours of operation and shall be restricted to the hours of 8:00 a.m. and 11:00 p.m., up to four consecutive hours per day.

Prohibited.

Mobile food trucks shall not be allowed within residential zones.

Open flame cooking shall be prohibited.

No freestanding signage or audio amplification is allowed.

City trash receptacles may not be used to dispose trash or waste.

No sales or service of alcohol shall be allowed by mobile food trucks.

The owner or operator of a mobile food truck shall not connect the mobile food truck to a source of electricity, water or sewer where the mobile food truck is operated.

Mobile food trucks shall not be parked on grass or dirt areas.

Grease and liquid waste may not be disposed in tree pits, storm drains, the sanitary sewer system or public streets.

Decision, Transmittal, Appeal. The Director's decision, transmittal of decision and appeal procedures shall be consistent with the regulations contained in Section 17.02.203.

Revocation. The Director may revoke or modify any mobile food truck approval on any one or more of the following grounds:

That the mobile food truck approval was obtained by fraud or misrepresentation;

That the mobile food truck approval granted is being, or within the recent past has been, exercised contrary to the terms or conditions of such approval or in violation of any statute, ordinance, law or regulation; or

That the mobile food truck approval is/are being, or within the recent past have/has been, maintained so as to be detrimental to the public health or safety or as to constitute a nuisance.

(Ord. 20-1720 § 2; Ord. 21-1722 § 2)

§ 17.04.199 Temporary uses.

Purpose. The purpose of this section is to establish a mechanism to permit certain temporary uses, which do not require permanent construction, conducted on a short-term basis, and provide performance standards for regulating such uses to ensure their compatibility with existing uses. Factors such as current zoning, location, and duration of the temporary use are considered when approving a temporary use.

Definition. "Temporary uses" means all uses of a short-term nature or fixed duration of the property, which do not require permanent construction and which are approved with a specific time limit and which are not subject to the regulations contained in Title 5, Chapter 5.28 Special Events and Business Events.

Permit Required. The following temporary uses may be approved by the Director:

Residential development sales office or model home;

Fundraiser events;

Temporary uses that involve critical and essential human services of a nonprofit social services nature, including food banks and/or clothing banks, but not including homeless shelters;

Temporary trailers, buildings, or other structures for construction, and outdoor storage containers for construction-related materials; and

Other temporary uses/activities of a similar nature as determined by the Director.

Authority. The Director shall have the authority to approve temporary uses in accordance with this section and pursuant to Section 17.02.203 of this Code.

Location Requirements. Temporary uses shall be consistent with the land use categories and use limitations for each zone as identified in Section 17.04.010 and defined in Section 17.01.060 of this Code.

Frequency of Operation and Time Restrictions.

A temporary use may occupy a site for no more than 90 days, whether consecutive or nonconsecutive within a calendar year. The director may authorize up to one fifteen (15) day extension if such extension will be consistent with the requirements of this section. Any extension request shall be subject to applicable review fees. No more than one extension may be granted within any 365 day period.

All outdoor activities shall be discontinued by 11:00 p.m. when located closer than 500 feet to a residential use.

Performance Standards for All Temporary Uses. Approved temporary uses shall comply with the following performance standards:

A temporary use shall not be conducted or located on any site or property without the consent of the owner(s) thereof.

In conducting the temporary use, the applicant shall comply with all County, State, and Federal laws, and all City ordinances and resolutions which are applicable to the use or the conduct thereof, and shall obtain, prior to the conduct of the business or occupancy of any site, all required city permits, licenses, or other approvals.

Temporary uses proposed within residential zoning districts shall not be permitted if they cause significant adverse impacts to residential uses, taking into consideration the characteristics of the residential neighborhood and the scale and duration of the temporary use.

The temporary use and associated structures shall be compatible, on a short-term basis, with uses in the general vicinity and on adjacent properties.

Each site occupied by a temporary use shall be kept free of debris and litter, and upon completion or removal of the temporary use, all debris, litter, or other evidence of the temporary use and associated activity shall be removed.

Each site occupied by a temporary use must provide or have available sufficient off-street parking, vehicular maneuvering area, and access for customers, and must provide safe and efficient interior circulation and ingress and egress from a public or private right-of-way. A temporary use that is conducted within an established parking area shall not reduce required parking to the point that insufficient parking exists for the combination of uses on the site.

No unauthorized encroachments on public rights-of-way are allowed.

Any temporary signs used in conjunction with a temporary use must be in accordance with Section 17.03.170.N.

Temporary uses shall not unreasonably impact the public health or safety, or create pedestrian or vehicular traffic hazards. The City may impose additional security measures and/or traffic control requirements.

10.

The noise associated with a temporary use shall not create a public nuisance or exceed the maximum decibel provisions of the Title 9, Chapter 9.04, Article III, Noise.

11.

The Director may impose additional measures or conditions to mitigate any impacts resulting from the temporary use. The Director may exercise discretion in the applicability of the above performance standards to achieve the purposes of this section.

(Ord. 20-1720 § 2; Ord. 21-1722 § 2)