[Amended by Ord. 451; Ord. 478; Ord. 534; Ord. 72-19; Ord. 74-9; Ord. 74-23; Ord. 81-11; Ord. 81-14; Ord. 84-61; Ord. 87-7; Ord. 92-6; Ord. 97-2; Ord. 97-8; Ord. 98-9; Ord. 99-8; Ord. 2005-5; Ord. 2014-3; Ord. 2015-4; Ord. 2021-8; Ord. 2021-8; Ord. 2024-3; 1-27-2026 by Ord. No. 2026-1; 4-28-2026 by Ord. No. 2026-4]
A.
Any use permitted as a matter of course in the R-1 zone under the same specified conditions, except: (i) Carnivals, which shall not be permitted in this zone; (ii) residential uses, which shall not be permitted in this zone; and (iii) vehicle parking lots, which may be established as a matter of course.
B.
Retail stores, shops, businesses, and services, including, but not specifically limited thereto, the following:
1.
Antiques, genuine.
2.
Appliances, home.
3.
Art school, including music.
4.
Bakery, retail only.
5.
Bank.
6.
Barber shop or beauty parlor.
7.
Bars, cocktail lounges or any place offering alcoholic beverages for sale for consumption on the premises, and where in connection with bona fide eating establishment as defined by the Business and Professions Code of the State of California as the principal use, provided that no outside door to such bar, cocktail lounge or place where said alcoholic beverages consumed is located within two hundred feet of land zoned for residential use.
8.
Billboards provided a permit has been obtained as required by Section 9341.(S)(G).
9.
Book or stationery store.
10.
Business colleges, trade schools, commercial schools, boarding schools, private day schools, day nurseries, children's boarding homes and foster day care homes, or any other school where such schools are not within the definition of "Educational Institution" as defined by Section 9302.22 of this Chapter, provided a conditional use permit has been first obtained therefor as provided in this Chapter.
11.
Cafe or restaurant.
12.
Camera and film sales and exchange.
12a.
Catering Business, excluding direct sales from commercial vehicles.
13.
Clothes cleaning agency or pressing establishment.
13a.
Coin Operated Amusement Devices.
13b.
Commercial Tutoring.
14.
Department or variety store.
15.
Dress or millinery shop.
16.
Drug store.
17.
Dry goods or notions store.
18.
Florist shop and plant nursery.
19.
Furniture.
20.
Furrier's shop.
22.
Grocery.
22a.
Gymnasiums. Gyms and other athletic workout and training facilities.
23.
Hardware store.
24.
Interior decorating studio.
25.
Jewelry.
27.
Manufacturer's representative, samples only.
28.
Meat market or delicatessen store provided no live poultry or rabbits are kept or slaughtered on the premises.
28a.
Mixed-use development subject to the conditions, limitations, and standards set forth in Section 9369.
29.
Newsstand.
30.
Offices, business and professional.
31.
Outdoor advertising, provided that a permit has been obtained as required by Section 9341.G.
32.
Pet Care Services. Pet care services including pet shops, pet grooming and training, veterinarian offices, and animal hospitals, which all may provide 24-hour daily care, subject to the following: These uses shall not allow outdoor activities between the hours of 7:00 p.m. and 7:00 a.m. The animal and the operational noise levels generated by the use shall not exceed 65 dbA at any adjoining property line. Domestic Animal Boarding (e.g., dog and cat daycare is not included in the C-1 zone district but is allowed in the C-3 zone.
33.
Photography studio.
34.
Private club.
35.
Radio and television sales and repair.
36.
Shoe store and shoe repair shop.
37.
Shopping center, neighborhood.
38.
Tailor.
39.
Thrift store.
40.
Vehicle Parking Lot, Commercial. Provided said parking lot is located more than two hundred feet from land zoned for residential uses.
C.
The following uses provided in each instance a conditional use permit has been obtained and continues in full force and effect:
1.
Commercial parking tot located two hundred feet or Jess from land zoned for residential uses.
2.
Service Stations.
(a)
Purpose. The City Council hereby finds that the erection, construction, or maintenance of service stations in commercial zones, unless subject to site plan review and control provided in this Subsection, can adversely affect the development of surrounding areas for residential, business, or industrial purposes or other uses. The City Council finds that the number of service stations concentrated at thoroughfare intersections, if not controlled, will have an adverse effect on the flow of traffic and will create problems of ingress and egress detrimental to surrounding properties and the general community. The City Council further finds and determines that the construction and maintenance of service stations without regulation and control will be detrimental to the public health, safety, and welfare in that the same tend to be unsightly, noise-producing, emit and produce oil, gas, grease, and obnoxious odors and substances, tend to be places where car parts, tires, junk and material and debris accumulate, and generally impair or depreciate the benefits of occupancy and use of surrounding and adjoining properties, producing degeneration of property in such areas, with attendant conditions of deterioration affecting the public health, safety, comfort, and general welfare. In addition, the City Council further finds that abandoned service stations are more frequent than other vacant properties, in that they are built and constructed for one use only and may not be readily transformed into another use and that abandoned, unoccupied service stations create blight, become a place for the dumping and depositing of junk, trash, and debris, and generally deteriorate surrounding properties. It is the purpose of this Subsection to prevent those and other harmful effects and to promote the public convenience and welfare, conserve the value of buildings, and encourage the most appropriate use of land within the City of Lakewood by requiring service station site plan review and control as hereinafter set forth. The City Council further finds and determines that restrooms at service stations are necessary to maintain the health, safety, comfort and welfare of the community, and those persons using the Cities, Highways and Roadway.
(b)
Principles. In overcoming the aforementioned deleterious effect of service stations, the following principles should be adhered to whenever possible:
(1)
Service stations should be located adjacent to and integrated with other commercial uses and not developed in spot locations.
(2)
Service stations should be located so as not to create traffic problems in connection with ingress and egress therefrom.
(3)
Garage and mechanical repair should only be incidental to the service station and should not become a primary use.
(4)
Wherever possible, all use should be conducted within a building so as to protect surrounding properties.
(5)
The siting and architectural character of service station should blend with the existing or proposed character of the surrounding area.
(6)
A pleasing, uncluttered appearance of a service station should be assured by adherence to sign regulations, maintenance of adequate landscaping and, where appropriate, conditions restricting outdoor display of automotive accessories and other sales items.
(c)
Standards. No conditional use permit for a service station shall be issued in violation of the following standards:
(1)
A service station shall have no more than two curb cuts for each street frontage.
(2)
All service stations shall have a minimum of 22,500 square feet of lot area, with 150 feet of frontage on at least one street. Where there are no 1ube bays or auto repair, the Planning and Environment Commission may approve a minimum lot area of 20,000 square feet, with 150 feet of frontage on at least one street. Service stations selling gasoline or like fuel only, or the sale of gasoline or like fuel only in conjunction with no other use than a convenience store; mini-market; snack shop, store or area; or, other similar use where limited groceries are sold, shall have a minimum of 18,000 square feet of lot areas with 135 feet of frontage on at least one street. Service stations established prior to the effective date of the ordinance enacting this Section may maintain the originally approved uses but if new uses are proposed, such service stations shall comply with the standards of this Section.
(3)
Four percent (4%) of the net area of a service station site shall be improved with well maintained landscaping elements. In addition to plant materials, these elements may include street furniture such as benches and tables, and decorative surfaces. Emphasis should be placed on a pleasing appearance, quality of design, and proper balance between structures and landscape elements.
(4)
Service stations located in any commercial zone shall be integrated with adjacent developments.
(5)
Unless authorized otherwise by conditional use permit, a reinforced cement or block masonry wall six (6) feet in height shall be maintained at the exterior boundaries of the service station area, excepting the front yard setback area, those locations approved for ingress and egress, and all areas abutting a street, other than an alley.
(6)
Artificial lighting systems shall be so designed as to reflect away from adjoining properties.
(8)
A restroom consisting of a toilet and sink, and properly stocked with toilet paper and paper towels is required for any type of service station, including self-service stations. Said restroom shall be available during all hours of operation of the service station and maintained in a clean and sanitary condition. The restroom shall be equipped to be accessible to the handicapped.
(d)
Application. Each application for a conditional use permit shall include the following:
(1)
Parcel dimensions.
(2)
Locations, proposed use, size, height, floor plans of all existing and proposed buildings.
(3)
The location, height, and materials to be used in the construction of all walls and fences.
(4)
The location, number of spaces, dimensions, and circulation pattern of all proposed off-street parking.
(5)
All pedestrian and vehicular access routes, including interior traffic circulation design.
(6)
The location, size height, materials, and lighting of signs.
(7)
The location, dimensions, nature of use of all areas exterior to the main building or buildings.
(8)
The location and general nature of lighting.
(9)
Existing and proposed streets and street improvements.
(10)
A landscaping and watering plan indicating existing and proposed natural features, such as trees, shrubs, water courses, topography, and proposed landscaping, and materials for the surfacing of areas between buildings, driveways, and other open areas.
(11)
Exterior elevation plans.
(e)
Approved Plan. No conditional use permit for a service station shall be approved except upon a finding and determination that the principles and standards of this subsection, as well as the general purposes of this Chapter have been met, or that the same will be met upon the imposition of such reasonable and necessary conditions as to insure conformity with the terms and provisions of this Chapter and of this subsection. Each approval of such application shall include approval of the site plan and the exterior elevation plans. The property shall be developed and maintained in substantial conformity with said approval.
(f)
Disapproval. No conditional use permit shall be granted for a service station in violation of the principles and standards of this Subsection. Upon a finding and determination that the principles and standards of this Subsection cannot be met by the imposition of reasonable conditions, the application shall be denied. In addition, any application shall be denied where one or more of the following findings are made:
(1)
The building or structure, because of its design or location, does not blend with the existing or proposed character of the surrounding area and property, and detrimental to the public welfare.
(2)
The addition of the proposed service station to an area of concentrated adjoining service stations will create traffic problems and problems of ingress and egress, which will be detrimental to the public health, safety and welfare.
(3)
The proposed service station is not located adjacent to and integrated with other commercial uses and, as proposed, would constitute a spot development.
(4)
The proposed service station does not integrate into the surrounding commercial area by reason of design, ingress and egress, circulation patterns, or the nature of established uses in the surrounding areas.
(5)
Because of the nature of the surrounding established uses, the proposed service station will create conditions of noise, traffic, odors, and unsightliness detrimental to surrounding commercial and residential properties, and detrimental to the public health, safety, and welfare.
3.
Hospitals, Convalescent Homes and Sanitariums.
4.
Alcoholic Beverage Establishment, Off-Sale.
(a)
Any premise within the City which has not exercised any of the rights and privileges conferred by a retail license issued by the State Department of Alcoholic Beverage Control prior to July 1, 1999, shall first obtain a conditional use permit to dispense alcoholic beverages for off-site consumption. Except where located within a Regional Shopping Center, no conditional use permit shall be approved to sell alcoholic beverages for off-site consumption where the gross floor area of the establishment is less than 6,500 square feet and where there are two or more active off-sale licenses within 300 feet of the proposed off-sale license location. For the purposes of this section, the distance between the proposed and active license locations shall be measured from the property boundary of the proposed off-sale license premise to the nearest property boundaries of the active off-sale licenses.
(b)
Notwithstanding the foregoing, no such conditional use permit shall be required of a premise having and exercising on or before June 30, 1999, a retail license issued by the State Department of Alcoholic Beverage Control. Such premises are Deemed Approved Alcoholic Beverage Establishments. No conditional use permit shall be required for such premise provided the following conditions specified by Business & Professions Code 23790, or as amended, are met:
(1)
The premises retain the same type of retail liquor license within a licensed classification.
(2)
The licensed premises are operated continuously without substantial change in mode or character of operation. For the purpose of this subdivision, a break in continuous operation does not include:
(i)
A closure for not more than thirty (30) days for the purpose of repair, if that repair does not change the nature of the licensed premises and does not increase the square footage of the business used for the sale of alcoholic beverages.
(ii)
The closure for restoration of premises rendered totally or partially inaccessible by an act of God or a toxic accident, if the restoration does not increase the square footage of the business used for the sale of alcoholic beverages.
(c)
Notwithstanding the foregoing, no conditional use permit shall be required for any business whose gross floor area equals or exceeds 10,000 square feet selling at wholesale or retail a large range and variety of products including alcoholic beverages for off-site consumption and where the storage and display of said alcoholic beverages occupies less than ten percent (10%) of the gross floor area of said business.
(d)
Any service station dispensing vehicle fuel and required to have a conditional use permit, or having Deemed Approved status, pursuant to this Part, shall at all times comply with all relevant provisions of this Part including the following conditions:
(1)
No beer or wine shall be displayed within five feet (5') of the cash register or the front door.
(2)
No advertisement of alcoholic beverages shall be displayed at motor fuel islands.
(3)
No sale of alcoholic beverage shall be made from a drive-in window.
(4)
No display or sale of beer or wine shall be made from an ice tub.
(5)
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 building or windows.
(6)
Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. who sell beer or wine shall be at least twenty-one (21) years of age.
(7)
The permittee at all times shall comply with all terms and provisions of the license issued by the State Department of Alcoholic Beverage Control and/or the terms and provisions of the Alcoholic Beverage Control Act.
(e)
A Conditional Use Permit required by this Section shall be issued in accordance with and subject to the terms and provisions of Part 10 of this Chapter, and where the premises are maintained and operated in a condition and manner compatible with and do not adversely affect the livability of appropriate development of abutting properties and the surrounding neighborhood. An issue to be determined is whether the granting of the Permit will result in an undue concentration of Alcoholic Beverage Establishments, Off-Sale, in the vicinity leading to the public nuisance problems recited in Section 1 of Ordinance No. 99-8.
(f)
Performance Standards. Any conditional use permit or any activity having a Deemed Approved status shall comply with the following performance standards. The purpose of these standards is to control dangerous or objectionable environmental effects of alcoholic beverage sales and to protect the public health, safety and welfare. Any conditional use permit or Deemed Approved status is subject to amendment, modification or revocation following the proceedings on notice as provided in this Chapter where the amendment, revocation or modification of conditional use permits if the following is found to exist:
(1)
Repeated nuisance activities within the premises or in close proximity of the premises, including, but not limited to, disturbance of the peace, illegal drug activity, public drunkenness, drinking of alcoholic beverages in the public or vehicles on or about the premises, harassment of passersby.
(2)
Repeated nuisance activities within the premises or in close proximity of the premises of public urination, assault and battery, excessive littering, loitering, graffiti.
(3)
Repeated nuisance activities within the premises or in close proximity of the premises consisting of illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations and lewd conduct.
(4)
Where the operation of the premises results in violation of any applicable City ordinance or State or Federal regulation or statute.
(5)
Failure to comply with any condition imposed in the issuance of a conditional use permit.
5.
Massage Establishment provided the following conditions and standards are met and maintained at all times:
(a)
The proposed use will not be contrary to the public interest or injurious to nearby property, and the spirit and intent of this subsection will be observed.
(b)
The owner, operator, or manager shall lawfully maintain a valid Business Permit at all times pursuant to the requirements contained in Chapter 4 of Article IX of the Lakewood Municipal Code.
(c)
The owner, operator, or manager of a massage establishment shall be responsible for ensuring that each and every masseur working within the massage establishment, whether as an employee or independent contractor, lawfully possesses a valid certificate issued by the California Massage Therapy Council designating him as a Certified Massage Therapist or a Certified Massage Practitioner pursuant to Section 4600 et al of the Business and Professions Code. The term "masseur" shall also include masseuse, as the use of the masculine gender shall include in all cases the feminine gender as well.
(d)
At least one Certified Massage Therapist or Certified Massage Practitioner shall be on the premises during all hours of operation.
(e)
Managers of a Massage Establishment shall communicate to all employees of the business the importance of professional business practices.
(f)
No person shall sell, give, dispense, provide or keep or cause to be sold, given, dispensed, provided or kept any alcoholic beverage as defined in §23004 of the Business and Professions Code of the State within the premises wherein a massage business is conducted. No intoxicated person shall be provided with any massage services and shall not be permitted to remain on the premises.
(g)
The permitted hours of operation shall be between 7:00 A.M. and 10:00 P.M. daily, unless otherwise authorized by conditional use permit.