Chapter 23.22 — STANDARDS FOR SPECIFIC USES

The purpose of this chapter is to establish standards for specific uses and activities that are permitted or conditionally permitted in several or all zoning districts. These provisions are supplemental standards and requirements to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the general public.

(Ord. 4823, passed 1-22-24)

(A) Each land use and activity covered by this chapter shall comply with the requirements of the section applicable to the specific use or activity, in addition to any applicable standard this title requires in the zoning district where the use or activity is proposed and all other applicable provisions of this title.

(B) The uses that are subject to the standards in this chapter shall be located only where allowed by base zoning district, specific plan, and overlay district use regulations.

(C) The uses that are subject to the standards in this chapter are allowed only when authorized by the planning permit required by district regulations, such as a conditional use permit, except where this chapter establishes a different planning permit requirement for a specific use.

(Ord. 4823, passed 1-22-24)

Accessory uses that are clearly incidental and subordinate to a principal use on the site may be allowed in conjunction with the principal use to which it relates. Accessory uses shall be subject to the same regulations as the principal use and any standards applicable to specific uses and activities found in this chapter. The following uses shall always be considered accessory to a principal use:

• (A) Accessory dwelling units;

• (B) Collection boxes;

• (C) Computer game and internet access centers;

• (D) Drive-through facilities;

• (E) Family day care;

• (F) Home occupations;

• (G) On-sale alcohol beverage establishments;

• (H) Outdoor dining and seating; and

• (I) Outdoor display and sales.

• (Ord. 4823, passed 1-22-24)

(A) Definitions. The following terms when used in this chapter will have the meanings provided in this section. ACCESSORY DWELLING UNIT or ADU . Will have the meaning set forth in Cal. Gov’t Code § 66313(a), which is: an attached or a detached residential dwelling unit which provides complete independent living facilities for one or

more persons, and includes permanent provisions for living, sleeping, eating, cooking (i.e., stove, refrigerator, and sink), and sanitation (i.e., bathroom with shower or bathtub) on the same parcel as the single-unit or multi-unit dwelling is or will be situated. An ACCESSORY DWELLING UNIT also includes the following: (a) an efficiency unit, as defined in Cal. Health and Safety Code § 17958.1, and (b) a manufactured home, as defined in Cal. Health and Safety Code § 18007.

ACCESSORY STRUCTURE. A structure that is accessory and incidental to a dwelling unit located on the same lot.

ATTACHED ADU. An ADU that is attached to, or located within, an existing or proposed single-unit or multi-unit dwelling or an existing accessory structure attached to an existing or proposed multi-unit dwelling.

CAR SHARE VEHICLE OPERATION. A subscription or membership service that provides automobile reservations for an additional fee to its members on an hourly and/or daily basis.

DETACHED ADU. An ADU that is detached from the existing or proposed single-unit or multi-unit dwelling. JUNIOR ACCESSORY DWELLING UNIT. A unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single-unit dwelling. A junior accessory dwelling may include separate sanitation facilities, or may share sanitation facilities with the existing dwelling.

LIVABLE SPACE. A space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation, as set forth in Cal. Gov’t Code § 66313(e).

LIVING AREA. The interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure, as set forth in Cal. Gov’t Code § 66313(f).

NONCONFORMING ZONING CONDITION. A physical improvement on a property that does not conform to current zoning standards, as set forth in Cal. Gov’t Code § 66313(h).

PASSAGEWAY. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit, as set forth in Cal. Gov’t Code § 66313(j).

PROPOSED DWELLING. A dwelling that is the subject of a permit application and that meets the requirements for permitting, as set forth in Cal. Gov’t Code § 66313(l).

PUBLIC TRANSIT. A location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public, as set forth in Cal. Gov’t Code § 66313(m).

TANDEM PARKING. Two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another, as set forth in Cal. Gov’t Code § 66313(n).

(B) Permitted zones and lots; number of ADUs per lot.

(1) ADUs are permitted on lots zoned to allow single-unit or multi-unit dwelling residential uses, or mixed-uses. JADUs are permitted on lots zoned to allow single-unit dwelling residential uses.

(2) ADUs and JADUs are permitted only on lots with an existing or proposed dwelling.

(3) One accessory dwelling unit within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and one junior accessory dwelling unit per lot with a proposed or existing single-unit dwelling may be permitted.

(4) One detached, new construction, accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-unit dwelling may be permitted.

(5) Two detached accessory dwelling units per lot with proposed multi-unit dwelling, or up to eight detached accessory dwelling units per lot with an existing multi-unit dwelling, not to exceed the number of existing units on the lot.

(6) At least one attached accessory dwelling unit, within the portions of an existing multi-unit dwelling that are not used as livable space, including but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or

garages, if each unit complies with state building standards for dwellings. The total number of attached ADUs that may be permitted shall not exceed 25% of the existing multi-unit dwellings.

(7) An ADU shall not be counted as a "unit" for density purposes but shall be counted as a "unit" for purposes of compliance with state laws and requirements.

• (C) Review process.

(1) Application. Building permit applications for ADUs or JADUs shall be reviewed and approved or denied ministerially within 60 days after submission of a complete application, unless:

(a) The ADU or JADU is proposed in conjunction with the construction of a new primary dwelling, in which case the approval may be delayed until the permit application to create the new primary dwelling is approved or denied; or

(b) The application is for a detached ADU based on a preapproved plan meeting the requirements of Cal. Gov’t Code § 65852.27(b)(l) or (2), in which case the building permit shall be approved or denied within 30 days. The building permit application shall be reviewed and approved based on compliance with this chapter and applicable state laws. A separate planning application is not required for ADUs or JADUs, but projects are still subject to tree removal permits, grading permits, and other applicable building permit requirements.

(2) Architecture & design. The ADU must use the same exterior materials, same roof covering, same exterior colors, and the same architectural details and other design features as the main dwelling unit, unless the proposed ADU is based on a city-preapproved plan or subject to approval pursuant to Cal. Gov’t Code § 66323.

(3) Applications not conforming to specific standards. An application that does not conform to the specific standards set forth in this section, shall not be approved.

• (D) Unit size and property development standards.

• (1) The following size limits apply:

(a) A detached ADU on a lot with an existing or proposed single-unit dwelling may not exceed 1,200 square feet in area.

(b) A detached ADU on a lot with an existing or proposed multi-unit dwelling structure may not exceed 850 square feet in area for an ADU with one bedroom or less, and 1,000 square feet for an ADU that provides more than one bedroom.

(c) An attached ADU shall not exceed 50% of the existing primary dwelling, or 850 square feet for an ADU with one bedroom or less, and 1,000 square feet for an ADU that provides more than one bedroom, whichever is greater.

(d) A property owner may not designate the existing unit as the ADU and propose a new unit as the main dwelling unit.

(2) The following property development standards apply:

(a) An ADU may be placed anywhere on a residential lot as long as the placement of the ADU meets all development standards of the underlying zone including, but not limited to, lot coverage, floor area ratio, and open space, except as specifically set forth in this chapter.

(b) There shall be at least a four-foot side and rear yard setback for a new attached or detached ADU. No setback shall be required for ADUs created within existing living area, within an existing accessory structure, or in a new structure created in the same location and within the same dimensions as an existing structure, however, the existing setbacks must be sufficient for fire and safety.

(c) A detached ADU must maintain the required minimum distance between buildings of five feet, measured from eave to eave.

(d) An attached ADU shall have exterior access from a proposed or existing single-unit dwelling.

(e) A JADU shall comply with the requirements of Cal. Gov’t Code § 66333.

(f) An ADU proposed in front of the primary dwelling shall adhere to the front yard setbacks of the underlying zone.

(g) An ADU or JADU converted from the space of an existing accessory structure may include an expansion of the existing accessory structure of not more than 150 square feet beyond the same physical dimensions as the existing structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

(h) Notwithstanding the foregoing, any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.

based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.

(E) 66323 Units (statewide exemption ADU). Notwithstanding any other provision of this section, the city shall not impose any objective development or design standard that is not authorized by Cal. Gov’t Code § 66323 upon any accessory dwelling unit meeting the requirements of § 66323(a).

(F) Building height. ADUs are subject to a height limit of two stories and 25 feet.

• (G) Off-street parking. Notwithstanding Chapter 23.20, the following parking regulations govern additional parking requirements for ADUs.

• (1) Number. The parking requirement for an attached or detached ADU is one open or enclosed parking space.

(2) Location. Required parking spaces may be provided as tandem parking on an existing driveway. Off-street parking is permitted in setback areas in locations determined by the city or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.

(3) Existing parking replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the applicant shall not have to replace those off-street parking spaces for the primary dwelling. If the converted ADU is removed from use, the main dwelling unit is required to comply with parking standards as established in this chapter as well as other development standards applicable to the zoning district.

• (4) Exemption. No parking is required for an ADU in any of the following instances:

• (a) The ADU is located within one-half mile of a public transit stop or station.

• (b) The ADU is located on a parcel that has been designated on a local, state, or national register of historic places or districts.

• (c) The ADU is a part of the proposed or existing primary residence or an existing accessory structure.

• (d) When on-street parking permits are required, but not offered to the occupant of the ADU.

• (e) When there is a car share vehicle operation parking hub or station located within one block of the ADU.

• (f) No additional parking is required for a JADU.

• (g) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multi-unit dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this division.

• (H) Owner-occupancy requirement.

• (1) There shall be no owner-occupancy requirements for ADUs.

(2) Should a lot have a JADU, the applicant for the JADU must be an owner-occupant of either the newly created JADU or the single-unit dwelling. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

(3) Upon approval of a JADU application, a deed restriction that provides the following must be recorded with the County of Los Angeles before occupancy and the declaration will be binding on all future owners of the parcel:

• (a) Either the main dwelling unit or the JADU will be occupied by the property owner.

(b) The JADU may not be sold separately from the main dwelling unit and underlying parcel.

(c) A restriction on the size and attributes of the JADU to ensure the JADU remains in compliance with the limitations on the size and attributes of JADUs as set forth in Cal. Gov’t Code §§ 66333 et seq.

(I) Code compliance. The ADU must comply with all currently applicable building, health and fire codes, except that an ADU is not required to provide fire sprinklers if sprinklers are not required for the main dwelling unit.

(J) Utilities. An ADU shall be served either by separate meters for water, electric, and gas service or by the main dwelling unit's meters. An ADU's sewer service may be provided through the main dwelling unit's sewer line, provided that the applicant makes a showing that the existing sewer line has sufficient capacity and slope to ensure proper flow strength for the ADU's sewer output. If sufficient capacity and slope cannot be ensured, an ADU may utilize a separate sewer line.

(K) Fines and penalties. The owner and all successors in interest in the subject property shall maintain the ADU/JADU in accordance with all applicable regulations established in this section and any approval granted by the city. Violations and lack of compliance with any provisions of this section may result in legal action against the property owner, including revocation of any right to maintain an ADU/JADU on the property as set forth in this chapter and shall be subject to administrative fines and penalties as contained in Chapter 1.04 of the Municipal Code. (L) Short-term rental. ADUs and JADUs are prohibited from being utilized as short-term rentals pursuant to Chapter 5.92.

(M) Legalization of unpermitted ADUs.

(1) The city shall not deny a permit for an unpermitted ADU or JADU that was constructed before January l, 2020, due to either of the following, unless the city makes a finding that correcting the violation is necessary to comply with the standards specified in Cal. Health and Safety Code § 17920.3:

(a) The ADU or JADU is in violation of building standards pursuant to Cal. Health and Safety Code Article 1 (commencing with § 17960) of Chapter 5 of Part 1.5 of Division 13.

(b) The ADU or JADU unit does not comply with Cal. Gov’t Code Article 2 (commencing with § 66314) or Article 3 (commencing with § 66333) of Chapter 13 of Division 1 of Title 7, as applicable, or any local ordinance regulating accessory dwelling units or junior accessory dwelling units.

(2) A homeowner applying for a permit for a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, shall not be required to pay impact fees or connection or capacity charges except when utility infrastructure is required to comply with Cal. Health and Safety Code § 17920.3 and when the fee is authorized by Cal. Gov’t Code § 66324(e).

(3) Upon receiving an application to permit a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, an inspector from the local agency may inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards necessary to obtain a permit. If the inspector finds noncompliance with health and safety standards, the local agency shall not penalize an applicant for having the unpermitted accessory dwelling unit or junior accessory dwelling unit and shall approve necessary permits to correct noncompliance with health and safety standards.

(4) This division (M) shall not apply to a building that is deemed substandard pursuant to Cal. Health and Safety Code § 17920.3.

(Ord. 4823, passed 1-22-24; Ord. 4831, passed 8-26-24; Ord. 4844, passed 4-28-25)

Adult businesses shall be located, developed and operated in compliance with the standards of this section and Chapter 5.50 of the Municipal Code.

• (A) Locational requirements. Adult businesses shall not be located:

(1) Within 500 feet of any property zoned RL, RM, or RH, or any lot where there is an actual residential use, whether inside or outside the city limits.

(2) Within 500 feet of any publicly recognized place of religious worship, whether inside or outside of the city limits.

(3) Within 500 feet of any public or private school (grades K-12) or child care establishment, whether inside or outside the city limits.

(4) Within 500 feet of any public park or playground, or any city facility, including but not limited to, city hall, the city library, and any police or fire station.

(5) Within 500 feet of any property upon which is located a business with a Type 40, 42, 48 or 61 on-site alcoholic beverage license.

(6) Within 1,000 feet of any other adult business, whether inside or outside the city limits.

(Ord. 4823, passed 1-22-24)

(A) Applicability. This section shall apply to any "religious institution affiliated housing development project" as defined in Cal. Gov’t Code § 65913.6.

(B) Development standards. The development standards of the zoning district shall apply, except as otherwise provided herein.

(C) Parking.

(1) The number of existing parking spaces on-site for religious assembly use may be reduced by up to 50% to accommodate the proposed religious institution affiliated housing development project. The remaining parking may be shared by the religious assembly use and religious institution affiliated housing development project.

(2) The required parking for the religious institution affiliated housing development project shall be one vehicle space per unit, unless located within one-half mile walking distance of public transit.

(D) Affordability requirements. A religious institution affiliated housing development project utilizing the parking reductions permitted by this section must comply with all applicable requirements of the State Density Bonus Law

(Cal. Gov’t Code § 65915) and Chapter 23.14 of this code.

(E) Review procedures.

• (1) Design review. Design review pursuant to Chapter 23.33 is required.

• (2) Existing use permits. When a site has an existing use permit:

• (a) No modifications to existing use permits are required for the housing development.

(b) Operational conditions related to nonresidential uses remain in effect, such as hours of operation, occupancy limits, types of uses, and seats Development standards for "religious facilities with affordable housing" will supersede conditions of approval regulating development standards, such as standards for FAR, parking, height, setbacks, and open space.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

Automobile/vehicle sales and service establishments shall be located, developed and operated in compliance with following standards.

(A) Purpose. The purpose of these standards is to preserve the integrity and character of the area in which an automotive/vehicle sales and service establishments located and to assure its compatibility with nearby uses.

(B) Application review and findings for approval. Where use permit approval is required for an automobile/vehicle sales and service establishment, the review authority shall only approve a use permit upon making the following findings:

(1) The project is designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the surrounding neighborhood.

(2) The site design, including the location and number of driveways, will promote safe and efficient on-site and off-site traffic circulation.

(3) Service bay openings are designed to minimize the visual intrusion on surrounding streets and properties.

(4) Lighting is designed to be low-profile, indirect or diffused and to avoid adverse impacts on surrounding uses.

(C) Conditions of approval. Conditions of approval may include limitations on operational characteristics of the use; restrictions on outdoor storage and display, location of pump islands, canopies and service bay openings; and/or requirements for buffering, screening, lighting, planting areas, or other site elements, in order to avoid adverse impacts on adjacent lots or the surrounding area.

(D) Automobile rental. Automobile rental establishments are subject to the following standards.

(1) Automobile/vehicle storage. Freestanding tents, canopies, or similar coverings designed and/or intended for the outdoor storage or display of motor vehicles, shall be prohibited.

(E) Automobile/vehicle sales and leasing. Automotive servicing or repair is permitted as an accessory use for automobile/vehicle sales and leasing establishments that offer maintenance and servicing of the type of vehicles sold on site. Automobile/vehicle sales and leasing establishments are subject to the following standards.

(1) Automobile/vehicle storage. Freestanding tents, canopies, or similar coverings designed and/or intended for the outdoor storage or display of motor vehicles, shall be prohibited.

(F) Automobile/vehicle service and repair, major and minor. Major and minor vehicle service and repair uses, as well as any other uses, such as auto dealerships or service stations, that perform auto servicing as an accessory activity, are subject to the following standards.

(1) Service bays. Openings of service bays shall not face abutting rights-of-way and shall be designed to minimize visual intrusion onto abutting properties.

(2) Work areas. All work shall be conducted within an enclosed building except: pumping motor vehicle fluids, checking and supplementing various fluids, and mechanical inspection and adjustments not involving any disassembly.

(3) Automobile/vehicle storage. Vehicles being worked on or awaiting service or pick-up shall be stored within an enclosed building or in a parking lot on the property that is screened in compliance with § 23.20.090(L). Unattended vehicles may not be parked or stored on the sidewalk adjoining the property, in the street, or in any portion of the public right-of-way within the city. Freestanding tents, canopies, or similar coverings designed and/or intended for the outdoor storage or display of motor vehicles, shall be prohibited.

(4) Litter. The premises shall be kept in an orderly condition at all times. No used or discarded automotive parts or equipment or permanently disabled, junked, or wrecked vehicles may be stored outside a building.

(G) Service stations. Service stations and any other commercial use that includes fuel pumps for retail sales of gasoline are subject to the following standards.

• (1) Location and site requirements.

(a) Arterial street intersection. New service stations shall be located on an intersection where at least one of the streets is classified as an arterial street in the General Plan.

(b) Maximum number. A maximum of two service stations per intersection is allowed.

(c) Minimum parcel size and frontage. New service stations shall be located on a site at least 20,000 square feet in size and with at least 150 feet of frontage.

(d) Residential Zoning District adjacency. New service stations shall not be located on a site adjacent to a Residential Zoning District.

• (2) Setbacks.

• (a) Structures shall be located a minimum of ten feet from any Residential Zoning District boundary.

(b) Pump islands shall be located a minimum of 20 feet from a street property line. A canopy or roof structure over a pump island may encroach up to ten feet within this distance.

• (3) Access.

• (a) There shall not be more than two vehicular access points to any one street.

• (b) There shall be a minimum distance of 30 feet between driveway approach aprons located on the same parcel and along the same street frontage.

• (c) No driveway may be located closer than five feet to the end of a curb return, or closer than 20 feet to a common property line.

(d) The width of a driveway other than a common driveway may not exceed 35 feet at the sidewalk. A common driveway may not exceed 50 feet in width at the sidewalk.

FIGURE 23.22.070.G.3: SERVICE STATIONS, ACCESS

(4) Number of pumps. Each new service station shall have at least four fueling dispensers to allow a minimum of eight individual vehicles to be refueled at the same time.

• (5) Parking and storage of vehicles.

(a) No vehicle may be parked in an unenclosed area of the service station for longer than 24 hours, unless the vehicle is being temporarily stored while waiting to be serviced within an enclosed area, in which case it may be parked for a period of not more than 72 hours; however, no servicing of the vehicle shall occur while the vehicle is parked in an unenclosed area.

• (b) No vehicles may be parked on public property.

• (c) No vehicle may be parked on the premises for the purpose of offering same for sale.

• (d) Freestanding tents, canopies, or similar coverings designed and/or intended for the outdoor storage or display of motor vehicles, shall be prohibited.

• (6) Landscaping. A minimum of 10% of the site shall be landscaped in compliance with Chapter 23.17 and the following.

(a) A landscaped planter with a minimum inside width of six feet and enclosed with a six inch high curb shall be provided along interior property lines, except for openings to facilitate vehicular circulation to adjacent properties. Where adjacent to a periphery wall, trees shall be planted within the planter a maximum of 16 feet apart.

(b) A minimum 200-square-foot planter area shall be provided at the corner of intersecting streets unless a building is located at the corner.

(c) A minimum 50 square-foot planter area shall be located along the building perimeter of the main building fronting on a public street.

(d) Landscaping shall not exceed a height of 30 inches, except for landscaping located next to main structures and along interior property lines.

(e) Additional landscaping may be required to screen the service station from adjacent properties.

(7) Peripheral wall. A decorative masonry wall at least five feet in height shall be provided along all lot lines adjacent to a Residential Zoning District. The wall shall decrease to a height of 30 inches within the required front yard setback of each adjacent residentially zoned property.

(8) Restrooms. Restrooms shall be provided, available for customer use during all hours of business, and maintained in a clean and safe manner. All restrooms shall be accessible only from the inside of a building and shall not have independent access to the exterior. Restroom locations shall be identified by appropriate signage.

(9) Lighting. All light sources, including canopy, perimeter and flood, shall be shielded or recessed so that light is deflected away from adjacent properties and rights-of-way. A photometric study shall be provided to demonstrate compliance with this section. Lighting shall not be of such a high intensity as to cause a traffic hazard or adversely affect adjoining properties. No luminaire shall be higher than 15 feet above finished grade.

(10) Location of activities. All activities and operations shall be conducted entirely within enclosed buildings, except as follows:

• (a) The dispensing of petroleum products from pump islands, water, and air; and

• (b) The provision of emergency service of a minor nature.

• (11) Site maintenance.

• (a) No used or discarded automotive parts or equipment, or permanently disabled, junked or wrecked vehicles may be located outside the main building except within an enclosed refuse storage area.

(b) A refuse storage area, completely enclosed with a masonry wall not less than five feet high and a solid opaque gated opening shall be provided. The enclosure shall be large enough to accommodate standard sized commercial trash bins and shall be located on the rear portion of the property in such a manner as to be accessible to refuse collection vehicles.

(12) Noise. Noise from bells or loudspeakers shall not be audible from residentially zoned properties or existing residences between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and Saturdays, and before 10:00 a.m. and after 7:00 p.m. on Sundays.

• (13) Retail food facility and convenience store standards. The following regulations shall only apply to retail

food facilities and convenience stores operated in conjunction with service stations:

• (a) The minimum gross floor area of a retail food facility or convenience store shall be 1,000 square feet.

(b) Goods and services available for sale shall be limited to those commonly available in restaurants and/or convenience stores, including prepared foods, packaged goods and beverages, dairy products, household soaps and cleaners, tobacco products, health and beauty aids, books, magazines and newspapers.

• (c) Arcade and video game machines shall be prohibited.

• (d) The sale of alcoholic beverages shall be prohibited.

• (H) Vehicle washing. Vehicle washing facilities and any other commercial use that includes vehicle washing facilities are subject to the following standards.

(1) Hours of operation. It shall be unlawful to keep any commercial vehicle washing facility or business open for business, or for use of the public, between the hours of 12:00 a.m. and 7:00 a.m. of each day.

(Ord. 4823, passed 1-22-24)

• (A) Definitions. The following words used in this section are defined as follows:

CANNABIS. The meaning set forth in Cal. Bus. and Prof. Code § 26001(f) and includes all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. CANNABIS also means the separated resin, whether crude or purified, obtained from cannabis. CANNABIS does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the

plant which is incapable of germination. CANNABIS does not mean "industrial hemp" as defined by § 11018.5 of the Cal. Health and Safety Code.

COMMERCIAL CANNABIS ACTIVITY. The meaning set forth in Cal. Bus. and Prof. Code § 26001(k), and as that provision may be amended subsequently.

COMMERCIAL CANNABIS FACILITY. Any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any commercial cannabis activity that requires a state license or nonprofit license under Cal. Bus. and Prof. Code §§ 26000 et seq., including but not limited to cannabis cultivation, cannabis distribution, cannabis transportation, cannabis storage, manufacturing of cannabis products, cannabis processing, cannabis deliveries, the sale of any cannabis or cannabis products, and the operation of a cannabis microbusiness.

CULTIVATION. The meaning set forth in Cal. Bus. and Prof. Code § 26001(l) and includes any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

DELIVERY. Means the commercial transfer of cannabis or cannabis products to a customer. DELIVERY also includes the use by a retailer of any technology platform.

MAUCRSA. The Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in Division 10 of the Cal. Bus. and Prof. Code, as the same may be amended from time to time.

MEDICINAL CANNABIS or MEDICAL CANNABIS. Cannabis used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of cannabis in the treatment of acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which cannabis is deemed to provide relief as defined in Cal. Health & Safety Code § 11362.7(h).

has been recommended by a physician who has determined that the person's health would benefit from the use of cannabis in the treatment of acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which cannabis is deemed to provide relief as defined in Cal. Health & Safety Code § 11362.7(h).

MEDICINAL CANNABIS DELIVERY-ONLY RETAILER. Means a retailer of medicinal cannabis by delivery only to a qualified patient for his or her personal medical use or their primary caregiver in full compliance with Cal. Health and Safety Code § 11362.765 with a Type 9 - M license from the California Department of Cannabis Control PRIMARY CAREGIVER. The meaning set forth in Cal. Health and Safety Code §§ 11362.5(e) and 11362.7(d). PRIVATE RESIDENCE. A house, an apartment unit, condominium, or other similar dwelling. QUALIFIED PATIENT. The meaning set forth in Cal. Health and Safety Code § 11362.7(f).

(B) Purpose and intent. The purpose and intent of this section is to prohibit commercial cannabis facilities, except for medicinal cannabis delivery-only retailers established and operating in compliance with division (D) below and to regulate cannabis cultivation, as defined above, within the city limits. It is recognized that it is a federal violation under the Controlled Substances Act to possess or distribute cannabis even if for medical purposes. Additionally, there is evidence of an increased incidence of crime-related secondary impacts in locations associated with a cannabis facility, which is contrary to policies that are intended to promote and maintain the public's health, safety, and welfare.

(C) Commercial cannabis facilities and cannabis deliveries.

(1) Except as provided in division (D) below, commercial cannabis facilities are prohibited in all zones in the city. No person or entity may establish or operate a commercial cannabis facility within city limits.

(2) Except as provided in division (D) below, no property owner may allow its property to be used by any person or entity as a commercial cannabis facility.

(3) The delivery of cannabis to any person within the city limits is prohibited, except for delivery-only medicinal cannabis retailers and deliveries of medicinal cannabis by a primary caregiver to one of the primary caregiver's qualified patients and these deliveries by the primary caregiver are subject to the following requirements:

(a) Deliveries are only permitted to occur from the hours of 7:00 a.m. to 8:00 p.m.;

(b) The delivery must be in an unmarked vehicle;

• (c) Deliveries are only permitted to a private home, apartment or residential condominium; and

• (d) These requirements do not apply to delivery-only medicinal cannabis retailers.

• (4) This section is not intended to prohibit any commercial or non-commercial cannabis activity that the city is required by state law to permit within its jurisdiction pursuant to MAUCRSA.

• (D) Medicinal cannabis delivery-only retailer.

(1) Conditional use permit. A conditional use permit issued pursuant to § 23.06.020 for a medicinal cannabis delivery-only retailer must include, as conditions of approval, the operational standards set forth in this section. In addition, the conditional use permit must incorporate by reference an Operations Plan approved by the Police Chief, that implements not only the operations standards set forth in this section, but such additional conditions that the Police Chief finds reasonably necessary to implement the purpose of this title when considering the location and size of the proposed medicinal cannabis delivery-only retailer.

(2) Sunset clause: automatic repeal. This section is adopted pursuant to the legal mandate imposed by the State of California via Business and Professions Code § 26320. As set forth in this section, the regulations in this chapter will be automatically repealed without additional action by the City Council should Business and Professions Code § 26322 be repealed by the California Legislature or be invalidated by a court of competent jurisdiction.

(3) Responsibility for compliance. The owners and operators of a medicinal cannabis delivery-only retailer, together with any person listed as the permittee or applicant on the medicinal cannabis delivery-only retailer application, are responsible for ensuring that the medicinal cannabis delivery-only retailer is, at all times,. operating in a manner compliant with all applicable law.

(4) Required permits to operate. It is unlawful for any person to engage in or operate a medicinal cannabis delivery-only retailer in the city unless the person (1) has a valid medicinal cannabis delivery-only retailer permit from the city; and (2) is in compliance with all applicable law governing the medicinal cannabis delivery-only retailer, including the duty to obtain and maintain any required state license(s).

(5) Suspension or termination of delivery privileges. A medicinal cannabis delivery-only retailer permitted pursuant to this chapter may have its delivery privileges suspended or terminated by the City Manager, or designee, if the medicinal cannabis delivery-only retailer is found to have violated this chapter.

• (6) Applications.

(a) Medicinal cannabis delivery-only retailer permit applications must be made on a form approved by the City Manager, or designee, and accompanied by all information requested on the application.

(b) Each application must be accompanied by an application fee, the amount of which will be set by City Council resolution. Any application fee is in addition to any permit fee separately established by City Council resolution.

(c) The application must identify the address of the location where the medicinal cannabis delivery-only retailer is proposed to operate.

(d) No person may apply for a medicinal cannabis delivery-only retailer permit until and unless a conditional use permit issued pursuant to this Code authorizes a medicinal cannabis delivery- only retailer use at the subject location. A conditional use permit is required in addition to, and separately from, a medicinal cannabis delivery-only retailer permit required by this chapter. Before an application for a medicinal cannabis delivery-only retailer permit will be accepted by the city for processing, the applicant must provide, on a form approved by the City Manager, or designee, proof that the owner of the underlying property, or his/her/its authorized agent, authorized filing the application for a medicinal cannabis delivery-only retailer permit at the subject location. A copy of the conditional use permit authorizing a cannabis-related use on the subject property must accompany the application for a medicinal cannabis delivery-only retailer permit. Only one application per parcel will be accepted and processed by the city at a given time. If an application for a medicinal cannabis delivery-only retailer permit is denied, a subsequent application

for a medicinal cannabis delivery-only retailer permit on the same parcel may be accepted by the city only after one year following the denial is final and all available administrative and judicial remedies are exhausted.

(e) Completed applications must be submitted to the City Manager, or designee. Only complete applications will be considered. An application is complete if it is submitted with all of the information requested therein, together with full payment of the application fee. Applications will be considered in the order they are received. The city may require supplemental information from any applicant before deeming an application complete. Such information must be provided to the City Manager, or designee, within seven business days. Failure to provide the information results in the application losing its priority in the queue and will not be considered "received" until the date that all requested supplemental information is provided to the City Manager, or designee.

(f) The City Council may, by resolution, establish minimum threshold qualifications for all medicinal cannabis delivery-only retailer permit applicants including, without limitation, qualifications relating to previous relevant business experience, criminal history, minimum liquid assets, and/or net worth. Every application for a medicinal cannabis delivery-only retailer permit must be accompanied by credible evidence demonstrating that the applicant meets or exceeds each of the threshold requirements established by the City Council.

applicants including, without limitation, qualifications relating to previous relevant business experience, criminal history, minimum liquid assets, and/or net worth. Every application for a medicinal cannabis delivery-only retailer permit must be accompanied by credible evidence demonstrating that the applicant meets or exceeds each of the threshold requirements established by the City Council.

(7) Expiration. Each medicinal cannabis delivery-only retailer permit issued pursuant to this chapter must be activated within 30 days after the city approves the medicinal cannabis delivery-only retailer permit. Activation occurs when the permittee pays all fees required by this chapter; accepts all conditions; provides evidence that it was issued a valid conditional use permit; and provides evidence that it applied with the State of California for all required permits. Each medicinal cannabis delivery-only retailer permit issued pursuant to this chapter expires 12 months after the date it is issued. Medicinal cannabis delivery-only retailer permits may be renewed as provided in this chapter.

• (8) Renewals.

• (a) An application for renewal of a medicinal cannabis delivery-only retailer permit must be filed at least 60 calendar days before the expiration of the current permit.

• (b) The renewal application must contain all of the information required for a new application.

• (c) The renewal application must be accompanied by a renewal fee established by City Council resolution.

• (d) The renewal application must be denied if any of the following circumstances exists:

1. The renewal application is filed less than 60 calendar days before expiration of the permit.

2. The medicinal cannabis delivery-only retailer permit is suspended at the time of the renewal application.

3. The medicinal cannabis delivery-only retailer has not been in regular and continuous operation in the four months before the renewal application.

4. The medicinal cannabis delivery-only retailer failed to conform to the requirements of this chapter, any regulations adopted pursuant to this chapter, or applicable state law.

5. The permittee does not possess a valid license from the State of California, if required by law.

(e) The City Manager, or designee, is authorized to make all decisions concerning applications for renewal. The City Manager, or designee, may impose additional conditions on a renewal permit if he or she determines it is necessary to ensure compliance with state or local laws and regulations or to preserve and protect the public health, safety, or welfare.

(f) If a renewal application is denied for any reason, and if the permittee wishes to obtain another medicinal cannabis delivery-only retailer permit, they must file a new application as set forth in this chapter.

(9) Prohibition on transfer of permits. It is unlawful for any person to operate a medicinal cannabis delivery-only retailer at any location other than the location specifically authorized and identified on a city-issued medicinal cannabis delivery-only retailer permit. No person may transfer an ownership interest, ownership, or control of a medicinal cannabis delivery-only retailer or transfer any medicinal cannabis delivery-only retailer permit issued under this chapter. It is unlawful for a medicinal cannabis delivery-only retailer permittee to sell or transfer a medicinal

cannabis delivery-only retailer permit to another party. Any attempt to transfer an ownership interest or ownership of a medicinal cannabis delivery-only retailer, or of a medicinal cannabis delivery-only retailer permit, will automatically render the medicinal cannabis delivery-only retailer permit void.

(10) Revocation and suspension. In addition to any other penalty authorized by law, the City Manager, or designee, may suspend or revoke a medicinal cannabis delivery-only retailer permit for the following reasons:

• (a) Upon learning or discovering facts that require permit denial under this chapter that were not previously disclosed or reasonably discoverable;

• (b) If the permittee violates any condition imposed by this chapter or by the terms of the permit; or

(c) Violation of any law of moral turpitude including, without limitation, a criminal conviction or civil liability arising from a complaint filed in a court of competent jurisdiction.

• (11) Operations standards.

• (a) To operate a medicinal cannabis delivery-only retailer, an applicant must obtain and maintain both licensure from the California Department of Consumer Affairs and a city business license.

• (b) It is unlawful for alcohol or tobacco to be sold.

• (c) Parking must be provided in accordance with the underlying zoning district.

• (d) It is unlawful for cannabis or cannabis products to be publicly visible from the exterior of the property.

(e) All cannabis and cannabis products sold or otherwise made available at a medicinal cannabis delivery-only retailer must be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with applicable law.

(f) Each medicinal cannabis delivery-only retailer must provide the City Manager, or designee, with the name and telephone number of an on-site employee or owner to whom emergency notice can be provided. The telephone number provided must be capable of accepting recorded voice messages in the event the contact person does not answer.

(g) Uniformed security personnel must be employed to monitor all entrances and exits during all hours of operation. Every security guard employed by or provided by the dispensary must be currently licensed by the California Bureau of Security and Investigative Services and in possession of a valid "guard card." The number of such security personnel must be set forth in the operations plan.

(h) Odor control devices and techniques must be incorporated to ensure that odors from cannabis and cannabis products are not detectable outside of the building or in any tenant space or area adjacent to the building.

(i) All law enforcement personnel seeking admission to the premises for the purpose of ascertaining compliance with the standards and regulations of this Code must be given unrestricted access to all areas of the premises at all times during hours of operation. Consent to such unrestricted access must be acknowledged by the permittee and included within the operations plan.

(j) All interior spaces of the retailer (except restrooms), and all entrances and exits to and from the premises, must be monitored by 24-hour video security surveillance of at least HD quality with night vision capability. The video security system must be compatible with software and hardware utilized by the city as determined by the Police Chief and set forth in the operations plan. Surveillance video must be recorded to a device that is securely located on the premises and all footage must be maintained for a minimum of 45 days. The video surveillance system specifications must be set forth in the operations plan before the city issues a certificate of occupancy for the medicinal cannabis delivery-only retailer.

(k) It is unlawful for a physician to be permitted in a medicinal cannabis delivery-only retailer at any time for the purpose of evaluating patients to issue a medical cannabis prescription or identification card.

(l) Before dispensing medical cannabis or medical cannabis products to any person under the age of 21, the medicinal cannabis delivery-only retailer must verify that the person possesses a valid identification card. A medicinal

cannabis delivery-only retailer may sell by delivery medical cannabis, medical cannabis products, and medical cannabis accessories to a person 18 years of age or older who possesses a valid identification card under Cal. Health and Safety Code § 11362.71 and a valid government-issued identification card.

(m) It is unlawful for any member of the public to be allowed on the premises of medicinal cannabis deliveryonly retailer.

(n) The premises must have a professionally installed, maintained, and monitored alarm system as approved through the operations plan.

(o) All food products, food storage facilities, food-related utensils, equipment and materials must be approved, used, managed and handled in accordance with the provisions of the California Retail Food Code (Cal. Health and Safety Code § 113700 et seq.). All food products must be protected from contamination at all times, and all food handlers must be clean, in good health, and free from communicable diseases. The Los Angeles County Department of Public Health may inspect the dispensary at any time during business hours to ensure compliance with state and local laws.

(p) No delivery driver may carry more than $200.00 in cash while engaged in the service of delivering cannabis or cannabis products.

(q) It is unlawful for any person under the age of 21 to be allowed to serve as a delivery driver and no person or permittee can employ a person under the age of 21 for the purpose of making mobile deliveries of any cannabis product.

(E) Cannabis cultivation. No person may cultivate cannabis at any location within the city, except that a person may cultivate no more than six living cannabis plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of that private residence, provided that such cannabis cultivation is in compliance with all of the following requirements and restrictions:

(1) The cultivation occurs in residences and/or accessory structures that are fully enclosed and secured against unauthorized entry. If the accessory structure is a garage, the person cultivating inside that garage must not do so in a way that reduces the garage's ability to provide covered parking as otherwise required by this code.

(2) The owner of the private residence has provided written consent allowing cannabis cultivation to occur at the private residence.

(3) The cultivation complies with all applicable building code requirements set forth in the Alhambra Municipal Code.

(4) There is no use of gas products (CO2, butane, propane, natural gas, etc.) on the property for purposes of cannabis cultivation.

(5) Pursuant to Cal. Health and Safety Code § 11362.2(a)(3), no more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time.

(6) Indoor grow lights used for cannabis cultivation do not exceed 1,000 watts per light.

(7) Adverse impacts of cannabis cultivation are mitigated so that a public nuisance, as defined by Cal. Civ. Code § 3480, does not exist, including but not limited to adverse impacts of odors or the use or storage of hazardous materials, processes, products, or wastes.

(8) A portable, working, fire extinguisher must be kept in the same room or structure where cannabis cultivation is occurring.

(9) Cannabis and cannabis infused products must be disposed in a secure waste receptacle located on the residential property. Disposed cannabis plants and products must be rendered unusable and unrecognizable by grinding and incorporating cannabis waste with any non-consumable solid waste with a resulting mixture of at least 50% non-cannabis waste.

(F) Violation. Violation of any provision of this section is subject to enforcement remedies and penalties as set forth in Alhambra Municipal Code or applicable law.

(G) Civil penalties. Any violation of this section is declared to be a public nuisance per se and contrary to the public interest and will at the discretion of the city, be subject to a cause of action for injunctive relief. In addition to any other method of enforcement, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this section. In any civil action brought pursuant to this section, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party as provided in Alhambra Municipal Code § 1.12.090.

(Ord. 4823, passed 1-22-24; Ord. 4831, passed 8-26-24; Ord. 4844, passed 4-28-25)

Collection boxes located outside of enclosed buildings shall be located, developed, and operated in compliance with the standards of this section.

(A) Intent. The intent of this section is to impose restrictions and conditions on all collection boxes in the city so that they are, and remain, clean, safe and do not create hazards to pedestrians and to vehicular traffic.

(B) Collection box permit. No person shall place, operate, maintain or allow any collection box on any real

property within the city without first obtaining an annual permit issued by the Community Development Department. Placement, operation, maintenance, or use of a collection box without a valid permit, or in a manner not consistent with the requirements for such permit, shall be a violation of this section, shall constitute a public nuisance, and shall be subject to the penalties and remedies provided for in this code.

• (C) Application for a permit.

(1) Any person desiring to secure a permit shall make an application to the Community Development Department.

(2) A permit shall be obtained for each collection box proposed to be located within the city.

(3) The application for a permit shall be upon a form provided by the Department and be signed by an individual who is an officer, director, member or manager of an entity applicant. The applicant shall submit the following:

(a) The name, address, email and telephone number of a contact person for all matters relating to the collection box.

(b) The physical address of the real property where the collection box is proposed to be located.

(c) A scaled drawing sufficient to illustrate the proposed location of the collection box on the real property, the dimensions of the proposed collection box and that the location complies with the requirements of this section.

(d) If not the owner of the real property, an affidavit from the property owner or property manager providing written permission to place the collection box on the property, as well as an acknowledgment from the property owner or property manager of receipt of a copy of Ordinance 4823 shall be provided on a form provided by the Director. For purposes of this section, the affidavit and acknowledgment may be executed by an individual who is an officer, director, member or manager of an entity owning the property.

• (e) A nonrefundable fee in an amount established by resolution of City Council.

• (f) Proof of general liability insurance no less than $1,000,000 per occurrence.

• (4) Within 20 days of receiving an application for a permit, the Director shall notify the applicant whether the permit is granted or denied. The

Director shall grant a permit if the application is complete and contains no false information, the fee has been paid and the collection box and its proposed location as described in the application meets the requirements of this section. If the Director denies an application, the Director shall state in writing the specific reasons for denial.

(5) No person to whom a permit has been issued shall transfer, assign or convey such permit to another person or legal entity.

• (D) Requirements for a permit. A permittee shall operate and maintain, or cause to be operated and maintained, all collection boxes located in the city for which the permittee has been granted a permit as follows:

• (1) Collection boxes shall be metal and be maintained in good condition and appearance with no structural damage, holes, peeling paint, or visible rust and shall be free of graffiti.

• (2) Collection boxes shall be locked or otherwise secured in such a manner that the contents cannot be accessed by anyone other than those responsible for the retrieval of the contents.

• (3) Collection boxes shall be equipped with a safety chute to limit the public's access to the box.

(4) Collection boxes shall display the name, address, email, website, and phone number of the operator and any other information as required by applicable law, including but not limited to the California Welfare and Institutions Code in a minimum one-half inch type viewable on the front of the collection box and a valid annual permit sticker issued by the city shall be displayed adjacent to such information.

• (5) Collection boxes shall be serviced and emptied as needed, but no less frequently than once per week.

• (6) The permittee and property owner shall maintain, or cause to be maintained, the area surrounding the collection boxes, free from any junk, debris or other material. The property owner shall be responsible to the extent provided by law for the city's cost to abate any nuisance, in accordance with Chapter 6.27 of the Municipal Code.

• (7) Collection boxes shall:

• (a) Not be permitted on any land zoned or used for residential purposes;

• (b) Not be permitted on any unimproved parcel, nor where the principal use of the land has been closed or unoccupied for more than 30 days;

(c) Not be less than 1,000 feet from another collection box as measured along a straight line from one box to the other. No more than two collection boxes may be located within the same shopping center from the same collection box owner or operator;

• (d) Not exceed seven feet in height, six feet in width and six feet in depth;

• (e) Not cause a visual obstruction to vehicular or pedestrian traffic;

• (f) Not be placed closer than ten feet from:

1. A public or private sidewalk except that this provision does not apply to a private sidewalk as long as the private sidewalk maintains a five-foot clearance;

2. A public right-of-way;

3. A driveway; or

4. A side or rear property line of adjacent property zoned or used for residential purposes;

• (g) Not cause safety hazards with regard to a designated fire lane or building exit;

(h) Not interfere with an access drive, off-street parking lot maneuvering lane and/or required off-street parking space to an extent which would cause safety hazards and/or unnecessary inconvenience to vehicular or pedestrian traffic or encroach upon an access drive, off-street parking lot maneuvering lane and/or required off-street parking space; and

• (i) Be placed on a level, hard (asphalt or concrete pavers) paved, dust-free surface.

• (E) Term of permit and renewal of permit.

(1) The permit year shall begin on February 1 in each year and shall terminate on January 31 of the following calendar year. A biennial permit issued between January 1 and January 31 of any year shall expire on January 31 of the calendar year two years following issuance thereof.

(2) A collection box permit shall be renewed biennially. The application for renewal must be filed not later than

30 days before the permit expires, otherwise a new permit application must be submitted. The application for renewal

shall be upon a form provided by the Director.

(3) The Director shall either approve or deny the renewal of a permit within 20 days of receipt of the complete renewal application and payment of the renewal fee. The Director shall grant a permit if the application is complete and contains no false information, the fee has been paid and the collection box and its proposed location as described in the application meets the requirements of this section; provided, however, that the Director may also deny an application for renewal if the applicant is in violation of this section. If the Director denies an application, the Director shall state in writing the specific reasons for denial. Failure of the Director to act upon a permit application within 20 days shall be deemed approval of the permit renewal.

(4) A permit renewal fee set by resolution of the City Council shall be submitted with the application for renewal.

(5) Prior to expiration of the permit, the permittee may voluntarily cancel the permit by notifying the Director in writing of the intent to cancel the permit. The permit shall become void upon the Director's receipt of a written notice of intent to cancel the permit.

(6) The Director shall approve the renewal of a permit if the Director finds that no circumstances existed during the term of the permit which would cause a violation of this section to exist, and that at the time of submission of the application for renewal, or at any time during the renewal of the application for renewal, there were not circumstances inconsistent with any finding required for approval of a new permit. Any permittee whose permit has been revoked shall be denied renewal of the permit for the subsequent calendar year.

(7) If the permit expires and is not renewed, the collection box must be removed from the real property within a maximum of ten days after expiration of the permit.

(F) Revocation of permit, removal of collection boxes, and liability.

(1) The Director shall have the right to revoke any permit issued hereunder for a violation of this section. Any of the grounds upon which the Director may refuse to issue an initial permit shall also constitute grounds for such revocation. In addition, the failure of the permittee to comply with the provisions of this section or other provisions of this code or other law shall also constitute grounds for revocation of the permit. The Director shall provide a written notification to the permittee and property owner stating the specific grounds for a revocation and a demand for correction and abatement. The notice shall allow a maximum of ten days from mailing of the notice to correct or abate the violation. Upon failure to make the correction or abatement, the permit shall be

revoked by the Director and, thereafter, the permittee shall not be eligible for a permit on the property for the subsequent calendar year.

(a) A permit for a collection box may be revoked if any governmental authority or agency determines that the collection box has violated the California Consumer Protection Act and/or the Charitable Organizations and Solicitations Act.

(2) Upon revocation, or if appealed, at the conclusion of the appeal, the collection box shall be removed from the real property within ten days and, if not so removed within the time period, the city may remove, store or dispose of the collection box at the expense of the permittee and/or real property owner. All costs associated with the removal of the collection box incurred by the city, or the city's contractor, shall be the responsibility of the property owner. Costs may be pursued by the city pursuant to Chapter 6.27 of the Municipal Code.

(G) Penalty and remedies.

(1) In addition to revocation of permit, any person violating the provisions of this section may be subject to the issuance of administrative citations, criminal prosecution, or nuisance abatement, as described in this code.

(2) In addition to the penalty provided above, any condition caused or permitted to exist in violation of the provisions of this section, or any ordinance, shall be deemed a new and separate offense for each day that such condition continues to exist.

• (3) Nothing in this section shall prevent the city from pursuing any other remedy provided by law in conjunction with or in lieu of prosecuting persons under this section.

• (4) The real property owner and permittee shall be jointly and severally liable for each violation and for payment of any fine and costs of abatement.

(5) All collection boxes existing at the effective date of Ordinance 4823 and in compliance with prior existing ordinances shall be deemed legal nonconforming uses, but shall nevertheless obtain a collection box permit and shall conform to all requirements of this section to the extent possible in their present location. Any collection boxes without a collection box permit shall be subject to all remedies for violation as provided in this section. (Ord. 4823, passed 1-22-24)

Community gardens shall be developed and operated in compliance with the following.

(A) Management. A manager shall be designated for each garden who shall serve as liaison between gardeners, property owner(s), and the city.

(B) Hours of operation. Gardens shall only be tended between dawn and dusk unless additional hours are approved pursuant to a minor use permit or conditional use permit.

(C) Buildings and structures. Accessory buildings, such as sheds, greenhouses, hoophouses, gazebos, and restrooms, are allowed and shall comply with the property development standards of the zoning district.

(D) Equipment. Use of mechanized farm equipment is prohibited except as provided below or approved pursuant to a minor use permit.

• (1) Heavy equipment may only be used during the initial establishment of the garden to prepare the land for gardening.

• (2) Landscaping equipment designed for household use is permitted.

• (E) Maintenance.

• (1) The operator shall be responsible for the overall maintenance of the site and shall remove weeds, debris, etc. in a timely manner.

• (2) Soil amendments, composting, and waste material shall be managed and shall not attract nuisance flies or support growth of flies.

(F) Composting.

• (1) Compost and compost receptacles shall be located so as not to be visible from a public right-of-way.

• (2) Compost and compost receptacles shall be set back a minimum of 20 feet from residential structures.

• (3) In Residential Zoning Districts, composting is limited to the materials generated on-site and shall be used onsite.

• (G) Utilities. The land shall be served by a water supply sufficient to support the cultivation practices used on the site.

• (H) Produce stands. Produce stands are permitted on the site of a community garden use subject to the following regulations:

• (1) Maximum size. Limited to 120 square feet unless a larger size is approved pursuant to a minor use permit or conditional use permit.

• (2) Removal. Produce stands shall be dismantled and removed during non-operating hours.

• (3) Sales. Product sales are limited to produce grown on-site.

• (4) Hours of operation. Operating hours for produce stand are limited to 8:00 a.m. to 7:00 p.m.

• (Ord. 4823, passed 1-22-24)

The conversion of apartments to condominiums shall comply with the following.

• (A) Purpose. The purpose of these provisions regarding the conversion of apartments to condominiums is:

• (1) To reduce the impact on conversions on displaced tenants by providing for relocation assistance and adequate notification;

• (2) To promote the safety of conversion projects and correction of Building Code violations;

• (3) To upgrade existing residential uses to current Building and Zoning Code standards; and

• (4) To provide for purchaser protection.

(B) Application requirements. In addition to filing a tentative map pursuant to Title 22 of the Municipal Code, the following plans and reports shall be submitted to the Community Development Department at the time of filing for a conversion project:

• (1) A site plan, to scale, showing all structures, common and private spaces, accessory storage areas, trash areas, laundry facilities, landscaped areas, walls (including heights and materials), and number of dwelling units;

• (2) Floor plans, indicating the square footage and number of bedrooms per unit;

• (3) Elevation drawings of all structures, showing architectural features, building heights and colors and materials of construction;

(4) A parking plan, showing the number of spaces provided and required, number of covered and uncovered spaces, dimensioned stalls and driveways, and type of surfacing;

(5) A physical elements report, describing the condition of the project's plumbing, electrical, heating, and airconditioning systems, roof foundation, appliances (including but not limited to dishwashers, garbage disposals, stoves, ovens, refrigerators, compactors, hot water heaters, and tanks, air conditioners and fans), and recreational facilities. The report shall also include the date each such item was built or replaced, its estimated remaining useful life, deviation from existing codes, defective or unsafe elements and proposed corrective measures. The report shall be prepared by a registered civil or structural engineer, or by a licensed general building contractor, engineering contractor or architect;

• (6) A statement of reports and improvements proposed for the project and expected time of completion;

(7) A structural pest-control report, indicating the absence or presence of wood-destroying pests or organisms, prepared by a licensed operator;

(8) An acoustical report, prepared by a licensed acoustical engineer, evaluating the noise attenuation characteristics of existing party walls and ceilings. This report shall be based on a sampling of at least 10% of the units, but not fewer than two units, and shall indicate conformance with performance criteria required for new construction;

(9) A utility metering report, submitted if units are not individually metered, including the feasibility thereof. The report shall be prepared by a registered civil or structural engineer or by a licensed general building contractor, engineering contractor or architect;

(10) A report on any soil and geological conditions regarding soil deposits, rock formations, faults, groundwater and landslides affecting the project and a statement regarding any known evidence of soil problems relating to structures. Reference shall be made to any previous soils reports for the site and a copy submitted with the report;

(11) A copy of the covenants, conditions and restrictions that will apply to the proposed development;

(12) The name and address of each tenant at the time of application submittal;

(13) Evidence that tenants have been notified of the intent to convert 60 days prior to filing of the tentative map and have received a copy of the city's tenant information sheet regarding conversions.

(C) Tenant notification. Subdividers shall serve each tenant living in a building proposed for conversion to a condominium, community apartment or stock cooperative with those notices required by the laws of the state, a copy

of the city's tenant information sheet regarding conversions, a notice of issuance of the public report, and a copy of the conditions imposed upon the project.

(D) Relocation assistance.

(1) The subdivider shall provide relocation assistance to any tenant who was a resident of a building to be converted at least 60 days prior to the filing date of the tentative map as well as on the date of final map approval, and who does not intend to purchase a unit. Such assistance shall include the following:

(a) The subdivider shall provide each tenant with a complete and current list of available rental units within a three mile radius of the building being converted, which are comparable in size, price and amenities. This list shall be provided with the 180-day notice of tenancy termination as required in Cal. Gov’t Code § 66427.1.

(b) The subdivider shall provide transportation to locate available rental units for 30 consecutive days for those without transportation, including ambulance service, if necessary.

(c) Any tenant over the age of 62, handicapped as defined in Cal. Health and Safety Code § 50072, disabled as defined in § 223 of the United States Social Security Act or residing with one or more minor dependent children, shall be given an additional 30 days to relocate beyond the 180-day provision of the Government Code.

(d) A relocation fee equaling twice the monthly rent shall be paid by the subdivider to each rental household at the time the 180-day notice of tenancy termination is given.

(2) The provisions of this section shall not apply to any tenant who has rented a unit in the apartment complex to be converted less than 60 days prior to filing of the tentative map and has been apprised of the intent to convert, pursuant to Cal. Gov't Code § 66452.18(a).

(E) Conditions of approval. In addition to the requirements of state law and other provisions of this title, conversion projects shall be subject to the following regulations:

(1) The project shall comply with all Building and Zoning Codes applicable to new residential condominium construction existing at the time of conversion project approval.

(2) No conversion work shall be performed on a unit until all of its tenants have been relocated or unless one of the tenants of a unit has executed an agreement to purchase.

(3) No rent increases may be assessed to tenants who were residents of the proposed conversion project from the time the tentative map is filed, until the unit is sold, or the subdivision is denied or withdrawn.

• (4) Gas and electricity shall be separately metered for each unit and provided with a shutoff valve.

• (5) A separate water heater shall be provided for each condominium unit.

• (6) A warranty, commencing from the date the first unit is sold and terminating one year after the last unit is sold, shall be given to the homeowners association by the subdivider against all defects in the common areas.

(7) The subdivider shall execute and record a covenant and agreement, subject to the approval of the Director, binding the subdivider and any successor in interest, to provide relocation assistance in a manner consistent with division (D) above. The covenants and agreements shall be executed and recorded within ten days after expiration of the appeal period for the tentative map approval.

• (8) Permanent mechanical equipment, including domestic appliances shall be shock-mounted.

(9) Appliances (including but not limited to dishwashers, garbage disposals, stoves, ovens, refrigerators, compactors, hot water heaters, and tanks, air conditioners and fans) with less than two years of useful life, shall be replaced. A warranty, commencing with the close of escrow and terminating after two years, shall be given to the purchaser of a converted unit against all defects in the appliances for a period of two years.

• (10) A certificate of occupancy shall be required prior to occupation of any converted unit.

• (11) Building plan checks for any conversion projects shall be billed to the subdivider on a time and material basis.

(12) Additional conditions may be imposed which, in the opinion of the review authority, are reasonably related to the purpose of this section.

(F) Compliance with conditions. In the event of any noncompliance with any requirements of this section, the California Government Code, or

conditions made a part of the tentative or final subdivision maps, the tentative map and conversion approval may be revoked, the final map may be denied or certificates of occupancy may be withheld.

(Ord. 4823, passed 1-22-24)

Drive-through facilities shall be developed and operated in compliance with the following standards.

(A) Required permit. Drive-through facilities are allowed as accessory uses subject to approval of a conditional use permit pursuant to Chapter 23.34.

(B) Circulation plan and queue analysis. A pedestrian and vehicular circulation plan and queue analysis shall be submitted for approval by the review authority. The plan and analysis shall evaluate the trip generation characteristics of the proposed operation and data from existing franchises in other jurisdictions, if applicable, and indicate how vehicle queuing will be accommodated on site and drive-through, pedestrian, and vehicular circulation will be designed to allow safe, unimpeded movement of vehicles at street access points and within the travel aisles and parking space areas and provide for pedestrian safety. The plan shall also indicate how vehicles will circulate to and through the drive-through or use drive-up facilities in a manner that will not impede traffic flow on any public rightof-way.

(C) Drive-through lanes. Drive-through lanes shall be developed in accordance with the following except where modified by the review authority.

(1) A minimum 15-foot interior radius at curves and a minimum 12-foot width is required.

(2) Each drive-in and drive-through entrance and exit shall be at least 100 feet from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least 25 feet from the nearest driveway approach apron on an adjacent property.

(3) Each entrance to an aisle and the direction of flow shall be clearly designated by signs and/or pavement markings or raised curbs outside of the public right-of-way.

(4) There shall be a minimum waiting lane length of 150 feet from the center of a pick-up area to the point of entry or beginning of the drive aisle.

(5) The queuing space shall be located completely clear of any adjacent public right-of-way and all circulation aisles provided on a site.

(D) Landscaping. Each drive-through aisle shall be screened with a combination of decorative walls and landscape to a minimum height of 20 inches to prevent headlight glare and direct visibility of vehicles from adjacent streets and parking lots.

(E) Pedestrian walkways. Pedestrian walkways shall not intersect drive-through lanes, unless no alternative exists. In such cases, pedestrian walkways shall have clear visibility, emphasized by enhanced paving or markings.

(F) Seating and dining areas. Drive-through facilities for restaurant uses are required to provide either indoor or outdoor dining and seating areas, or a combination thereof, where patrons may be served and can consume food and beverages. The dining and seating areas shall adhere to the following standards:

(1) The dining and seating areas shall be a minimum of 25% of the restaurant's gross floor area.

(2) The dining and seating areas shall be reasonably furnished with a sufficient number of tables and chairs to accommodate a minimum occupant load factor of 60 square feet per person. For example, if the seating and dining

areas total 1,000 square feet furnishings for dining and seating shall be provided to accommodate a minimum of 17 people.

(3) The dining and seating areas shall remain open and accessible to customers, and shall be continuously maintained.

(4) Any temporary structures installed in outdoor dining and seating areas shall conform with the requirements in § 23.12.160.

(5) Outdoor dining and seating areas shall conform with the requirements in § 23.22.220.

(Ord. 4823, passed 1-22-24; Ord. 4844, passed 4-28-25; Ord. 4848, passed 9-8-25)

Emergency shelters shall be developed and operated in compliance with the following.

(A) Purpose. These regulations are intended to establish procedures and standards for emergency shelters in compliance with state law and are not obtrusive or interfering to the general public or adjacent uses for emergency shelters pursuant to Cal. Gov't Code §§ 65583 and 65589.5.

(B) Development standards.

(1) Maximum stay. No person shall stay within an emergency shelter for more than six months from the date of their acceptance into the emergency shelter. In addition, no person shall be re-admitted to the same emergency shelter within five calendar days of being discharged.

(2) Maximum number of beds. No more than 12 beds shall be provided on the entire property where the emergency shelter is to be located. Beds shall be provided for men and women in separate and secured areas. No such separation shall be required when beds are located in a bedroom intended for a single family.

(3) Maximum density. The maximum resident density shall be one resident per 150 square feet, up to a maximum of 12 residents.

(4) Waiting area. If the intake of clients occurs on-site there shall be provided an on-site client intake and waiting area in a location not adjacent to the public right-of-way, that is fully screened from public view, and provides consideration for weather events including shade and rain cover. The intake and waiting area shall be suitably sized to prevent queuing in the public right-of-way or within any parking lot, but shall occupy a maximum area of 400 square feet.

(5) Operating hours. Each emergency shelter shall establish and maintain set hours of operation for client intake and discharge. These hours shall be clearly displayed at the entrance to the emergency shelter at all times. In the event an emergency shelter client is socially disruptive, a threat to the safety of others or in violation of the emergency shelter facility rules during non-business hours of operation, the emergency shelter management may proceed with discharging that client immediately.

(6) Personal storage. A private storage area or closet shall be provided with each on-site bed.

(7) Personal space. A minimum of 30 square feet of personal space shall be allocated for each client bed.

(8) Restroom and shower facilities. A communal restroom facility with at least two toilets, one shower, and one sink shall be provided for every 12 clients residing at an emergency shelter.

(9) Common space. Interior and/or exterior common space for the on-site clients to congregate shall be provided on the property at a ratio of not less than 15 square feet per occupant or a minimum overall area of four hundred square feet, whichever is greater.

(10) Outdoor activities. For the purposes of noise abatement, outdoor activities may only be conducted between the hours of 8:00 a.m. to 8:00 p.m.

(11) Telephones. Each emergency shelter shall provide telephone(s) for the use of the on-site clients.

(12) Laundry facilities. The emergency shelter shall provide laundry facilities adequate for the number of clients.

(13) Outdoor storage. Any provision of on-site outdoor storage shall be fully screened from all public rights-ofway and on-site parking lots.

(14) Lighting. Each emergency shelter shall provide exterior lighting on pedestrian pathways and parking lots on the property for safety.

(15) Refuse. There shall be provided a refuse storage area that is completely enclosed with masonry walls not less than five feet high with a solid-gated opening and that is large enough to accommodate a standard sized trash bin adequate for the parcel. The refuse enclosure shall be accessible to refuse collection vehicles.

(C) Management and security plan. The emergency shelter operator shall submit a management and security plan for review and approval of the Director and the Alhambra Chief of Police. At minimum, the management and security plan shall address the following:

(1) Staffing plans, including the qualification and responsibilities of all staff members and the number and positions of employees on each shift.

(a) On-site personnel shall be provided during all hours of operation when clients are present.

(b) Service providers shall educate on-site staff to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income, including referrals to outside assistance agencies.

(2) Provisions for fencing, lighting, video cameras, and any other physical improvements intended to provide or enhance security for residents and staff.

(3) Screening processes of potential clients for admittance eligibility and daily admittance and discharge procedures.

(a) Procedures and policies for screening of potential residents to identify individuals who should be referred to medical facilities, residential care facilities, other service agencies, or law enforcement.

(b) A designated area for on-site personnel shall be located near the main entry to the facility for the purpose of controlling admittance into the facility and providing security.

(c) The emergency shelter operator shall not intake any person as a client of the emergency shelter that the operator knows is wanted by the police or knows has been convicted of committing any violent offense.

(d) The emergency shelter operator shall also conduct a background check on all prospective clients using the Megan's Law database and restrict client intake in accordance with state and local registered sex offender residency restrictions.

(4) Service providers shall maintain up-to-date information and referral sheets to give clients and other persons who cannot be served by the establishment.

(5) Service providers shall continuously monitor waiting areas to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provider because of time or resource constraints, staff shall make information available to the client of alternative programs and locations where they may seek similar service.

(6) Service providers shall provide for the timely removal of litter attributable to clients on the property and adjacent property under the control of the service provider.

(7) At no time shall any client of an emergency shelter be allowed to keep on-site any alcoholic beverages or store any type of illegal substances, illegal drugs, and/or weapons of any kind. The manager of the emergency shelter shall conduct routine inspections of each on-site client's personal space to verify compliance and report to the

Alhambra Police Department any client that is found in possession of illegal substances, illegal drugs, and/or weapons of any kind.

(8) Service providers shall provide the city with the contact information for an individual with the authority to address operational issues.

(D) Compliance with other applicable codes and regulations. Each emergency shelter shall comply with all applicable local and state health and safety codes such as, but not limited to, the California Building Code, California Fire Code, and California Health and Safety Code.

(Ord. 4823, passed 1-22-24)

Family day cares shall be located, developed, and operated in compliance with state law and the following.

(A) Permitted use. Small and large family day cares are permitted in all zoning districts where residential uses are allowed and are considered residential uses of a property.

(B) Location, large family day care. Large family day cares are limited to lots located a minimum of 200 feet from any other lot with a large family day care use unless approved by the Planning Commission.

(C) Parking. Existing parking for the residential use must be maintained. No additional parking is required for the family day care use.

(Ord. 4823, passed 1-22-24)

Farmer's markets shall be developed and operated in compliance with the following.

(A) Required permits. The market operator and vendors shall obtain any permits required pursuant to this title and secure all necessary licenses, certificates and health permits, including permits for street closure, if applicable. All permits (or copies of them) shall be in the possession of the farmer's market manager or the vendor, as applicable, on the site of the farmer's market during all hours of operation.

(B) Management plan. A management plan shall be prepared and provided to the Director. The management plan shall include the following:

(1) Identification of a market manager or managers, who shall be present during all hours of operation.

(2) A set of operating rules addressing the governance structure of the market; the method of assigning booths and registering vendors; hours of operation; maintenance; security; refuse collection; and parking and traffic control plan.

(C) Hours of operation. Market operations may be conducted between the hours of 7:00 a.m. and 12:00 a.m., but the city may restrict operations to more specific and limited hours and duration as part of any required permit approval. Set-up of market operations cannot begin more than two hours prior to the operational hours of the market and take-down shall be completed within two hours of the close of the market.

(D) Waste disposal. Adequate composting, recycling, and trash containers shall be provided during hours of operation, and shall be removed from site for appropriate disposal. The site shall be cleaned at the end of each day of operations, including the removal of all stalls and debris.

(E) Parking. No parking is required for the farmer's market activity unless required pursuant to use permit approval.

(Ord. 4823, passed 1-22-24)

(A) Purpose and intent. The purpose and intent of this section is to preserve the health, safety, and welfare of the residents of Alhambra by preventing a proliferation of firearms sales businesses in the city without regard to the

appropriateness of their location, and to protect the most vulnerable members of the public from death or serious bodily injury resulting from use of a firearm.

• (B) Required permit. Firearms sales businesses are allowed subject to approval of a conditional use permit pursuant to Chapter 23.34 and the requirements of this section.

(1) Conditions of approval. A conditional use permit shall include any such conditions of approval that the Police Chief finds reasonably necessary to implement the purpose and intent of this section when considering the location and size of the proposed firearms sales business.

• (C) Locational requirements.

• (1) Firearms sales businesses shall not be located within 600 feet of any other parcel upon which a firearms sales business is operating.

(2) Firearms sales businesses shall not be located within 600 feet of any other parcel containing a sensitive receptor. The measurement must be made from the property line of the parcel containing the sensitive receptor unless the building or structure utilized by the sensitive receptor is set back more than 50 feet from the property line, in which case the measurement is made from the outline of the building or structure footprint to 600 feet in all directions.

• (a) Sensitive receptor. Means any of the following uses:

1. Any of the residential use types specified in § 23.43.010;

2. Schools;

3. Colleges and trade schools;

4. Community assembly;

5. Community garden;

6. Day care center;

7. Emergency shelter;

8. Hospitals and clinics;

9. Park and recreation facilities;

10. Social service facilities; and

11. A conditionally permitted use that provides services primarily to minors.

(D) Local, state, and federal laws. Firearms sales businesses shall comply with all applicable local, state, and federal laws, including any permit and license requirements.

(Ord. 4844, passed 4-28-25; Ord. 4848, passed 9-8-25)

Home occupations shall be located, developed, and operated in compliance with the following.

(A) Purpose. The provisions of this section are intended to allow the conduct of home enterprises which are incidental to and compatible with surrounding residential uses.

(B) Applicability. This section applies to home occupations in any residential unit in the city regardless of the zoning designation.

• (C) Exemptions. The following uses are exempt from the provisions of this section:

• (1) Family day care. Family day care operations shall be operated in compliance with § 23.22.140.

• (2) Short-term rentals. Short-term rental operations shall be operated in compliance with Chapter 5.92.

(3) Microenterprise home kitchen operations. A microenterprise home kitchen operation, as defined in Cal. Health and Safety Code § 114367.4, is a permitted use of residential property in any residential dwelling, which shall not require a permit to operate from the city, but shall be subject to the following standards:

(a) Permit from the Los Angeles County Department of Public Health. A microenterprise home kitchen operation shall not be open for business unless it has obtained a permit issued from the Los Angeles County

Department of Public Health.

(b) Signage. A microenterprise home kitchen operation shall abstain from posting signage or other outdoor displays advertising the microenterprise home kitchen operation.

(c) Noise. A microenterprise home kitchen operation shall be in compliance with Chapter 18.02.

(D) Business license required. Where applicable, a separate City of Alhambra business license is required for each home occupation.

(E) Operational standards. Home occupations shall comply with the following operating standards:

(1) Residential appearance. The residential appearance of the unit within which the home occupation is conducted shall be maintained, and no exterior indication of a home occupation is permitted.

(2) Location. All home occupation activities shall be conducted entirely within the residential unit except the assembly of small craft items or limited storage of materials may occur within a garage or accessory building. Storage shall not interfere with nor reduce the number of available parking spaces.

(3) Floor area limitation. The home occupation shall be confined completely to one room located within the dwelling which space shall not occupy an area equivalent to more than 25% of the gross area of one floor thereof, or 100 square feet, whichever is less.

(4) Storage. There shall be no exterior storage of materials, supplies, and/or equipment for the home occupation.

(5) Employees. No employees or independent contractors other than residents of the dwelling unit shall be permitted to work at the location of a home occupation except as otherwise allowed for cottage food operations.

• (6) Client visits.

(a) Clients or customers shall not visit the home occupation between the hours of 10:00 p.m. and 7:00 a.m.

(b) There shall be no more than three clients or customers on the premises at any one time.

(7) Direct sales prohibition. Home occupations involving the display or sale of products or merchandise are not permitted from the site except by mail, telephone, internet, or other mode of electronic communication or except as otherwise allowed for cottage food operations.

(8) Hazardous materials. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises, nor use utilities different from those normally provided for residential use. There shall be no storage or use of toxic or hazardous materials other than the types and quantities customarily found in connection with a dwelling unit.

(9) Nuisances. A home occupation shall be conducted such that no offensive or objectionable noise, dust, vibration, smell, smoke, heat, humidity, glare, refuse, radiation, electrical disturbance, interference with the transmission of communications, interference with radio or television reception, or other hazard or nuisance is perceptible at or beyond any lot line of the unit or structure within which the home occupation is conducted, or outside the dwelling unit if conducted in other than a detached single-unit dwelling.

(10) Vehicles. No vehicle larger than a three-fourths-ton truck may be used in connection with a home occupation.

(11) Traffic and parking generation. Home occupations shall not generate a volume of pedestrian, automobile, or truck traffic that is inconsistent with the normal level of traffic in the vicinity or on the street on which the dwelling is located or which creates the need for additional parking spaces, or involve deliveries to or from the premises in excess of that which is customary for a dwelling unit.

(12) Equipment. There shall be no use of material or mechanical equipment not recognized as being part of the normal household or hobby use except as otherwise allowed for cottage food operations.

(13) Signs. No signs shall be permitted for a home occupation.

(F) Cottage food operations. A cottage food operation is allowed as a home occupation and an accessory use to any legally established residential unit subject to the following standards:

(1) Registration. Cottage food operations shall be registered as "Class A" or "Class B" cottage food operations and shall meet the respective health and safety standards set forth in Cal. Health and Safety Code §§ 114365 et seq.

(2) Sales. Sales directly from a cottage food operation are limited to the sale of cottage food products. A cottage food operation shall not have more than $50,000 in gross annual sales in each calendar year.

(3) Operator and employee allowed. Only the cottage food operator and members of his or her household living in the unit, as well as one full-time equivalent cottage food employee, may participate in a cottage food operation.

(4) Equipment. Cottage food operations may employ kitchen equipment as needed to produce products for which the operation has received registration, provided that equipment would not change the residential character of the unit, result in safety hazards, or create smoke or steam noticeable at the lot line of an adjoining residential property. Venting of kitchen equipment shall not be directed toward neighboring residential uses.

• (G) Prohibited home occupations.

(1) The following specific uses, either by operation or nature, are not incidental to or compatible with residential activities and shall therefore not be permitted as home occupations:

• (a) Automobile/vehicle sales and services;

• (b) Eating and drinking establishments (except for microenterprise home kitchen operations);

• (c) Hotels and motels (except for short-term rentals;

• (d) Hospitals and clinics; and

• (e) Personal services, not including photographers; shoe and luggage repair; repair and fitting of clothes; and similar repair services.

(2) Administrative activities ancillary to any of the prohibited uses specified in division (G)(1) above, shall be permitted as home occupations, subject to conditions of approval, which include, but shall not be limited to, the following:

• (a) No client visits are permitted at the residence.

(b) No services, operations, or activities associated with the primary function of the prohibited use, are permitted to occur at the residence.

(Ord. 4823, passed 1-22-24; Ord. 4844, passed 4-28-25)

Live entertainment, such as a musical act (including karaoke); theatrical act (including stand-up comedy); play; revue; dance; magical act; disc jockey; or similar activity, performed live by one or more persons for the enjoyment of others, whether or not done for compensation and whether or not admission is charged, is allowed as accessory to a primary use in compliance with the following standards.

(A) Live entertainment activities shall be conducted indoors, with doors and windows closed, during normal business hours.

(B) No noise created by the live entertainment shall be audible on the exterior of the building.

(C) Live entertainment that is not in compliance with divisions (A) and (B) above requires approval of a conditional use permit.

(Ord. 4823, passed 1-22-24; Ord. 4844, passed 4-28-25)

(A) Purpose and intent. These regulations are intended to establish procedures and standards for mobile food vending activities. It is also the intent of this section to establish minimum standards in order to ensure compatibility of mobile food vending activities with surrounding land uses, and to maintain the health, safety and general welfare of

the community, while accommodating commercial uses that generally promote an active and social pedestrian environment in appropriate areas of the City of Alhambra.

• (B) Applicability. This section applies to all mobile food vending activities in the city, but does not apply to sidewalk vending, which shall be operated in compliance with Chapter 5.25.

(C) Definitions. All words and phrases defined below and found in this section shall be used in the context of the definitions of this section. Other general terms, unless otherwise defined, shall have the meanings assigned to them in Chapter 23.44.

BUSINESS LICENSE. A general license issued by the city to conduct business in the city.

HEALTH DEPARTMENT. The Los Angeles County Department of Public Health.

HEALTH PERMIT. Any and all licenses, permits, certifications, and courses required and issued by the Los Angeles County Department of Public Health to vend food within the city in accordance with this chapter.

MOBILE FOOD VENDING. Selling, vending, supplying or providing food, drinks or any other consumables from any motorized vehicle.

MOBILE FOOD VENDOR. Any person engaged in the activity of mobile food vending.

MOTORIZED VEHICLE. Any motorized vehicle, facility, or trailer.

• (D) General requirements.

(1) Local, state, and federal laws. Mobile food vendors shall comply with all applicable local, state, and federal laws, including any permit requirements, and shall use best efforts to provide accommodations and equal access to services to all members of the community.

• (2) Business license required. No mobile food vendor may engage in or conduct any mobile food vending without a business license.

(3) Health permit required. No mobile food vendor may engage in or conduct any mobile food vending without valid approvals from the health department, including but not limited to, a health permit, and any applicable food handling permit and a valid letter grade health permit. Health permits must be displayed at all times in a conspicuous view upon any motorized vehicle used for mobile food vending.

• (4) Mobile food vending permit.

• (a) No mobile food vendor shall operate without a mobile food vending permit issued pursuant to the provisions of this section, except under the following conditions:

1. The mobile food vendor is operating under a special event permit or temporary use permit issued by the city; or

2. The mobile food vendor is operating on private property for a private event where service is not open to the public, and is limited to private guests of a catered event where no payment transactions occur for any individual orders taken by the mobile food vendor.

• (b) Mobile food vending permits shall expire one year after the date of issuance.

• (c) Mobile food vending permits are not transferable.

• (d) An operator whose mobile vending permit is revoked may not renew their permit nor apply for a new permit for a period of one year.

• (E) Application procedure and requirements. Applicants for mobile food vending permits shall submit the following information for review by the Community Development Director:

• (1) The hours of operation.

• (2) Name(s) and telephone numbers of the person(s) responsible for the mobile food vending operation.

• (3) A description and photograph of the motorized vehicle to be utilized for the mobile food vending operation, along with its registration number and its license number.

• (4) A description of the type of food products to be sold.

• (5) Proof of issuance of food manager and food handler certifications, pursuant to Cal. Health and Safety Code §§ 113947 - 113947.6, as now adopted or hereafter amended.

• (6) For mobile food vendors operating in the public right-of-way:

• (a) A description of the streets and rights-of-way the applicant intends to use.

• (7) For mobile food vendors operating on private property and exclusively at one site:

• (a) A site plan, drawn to scale, indicating the following:

1. The address of the site, the name of the associated business, the name(s) of the fronting street(s), and a north arrow;

2. The location, layout and size of the proposed mobile food vending operation area;

3. The layout of any tables, chairs, benches and any other items that will be placed in the mobile food vending operation area;

4. All parking areas, curb markings, bus loading zones, driveways, wheelchair ramps, meter boxes and utility boxes; and

5. The location of any buildings located on the property.

• (F) Operational standards.

(1) Hours of operations. No mobile food vendor shall operate before 7:00 a.m. or after 12:00 a.m., including setup and clean-up. The city may restrict operations to more specific and/or limited hours and duration as part of any required permit approval.

• (2) Refuse and recycling receptacle requirements.

(a) Each motorized vehicle used for mobile food vending must be equipped with a refuse and recycling receptacle of a size adequate to accommodate all refuse and recycling generated by such mobile food vending.

(b) Each mobile food vendor must pick up and deposit in the refuse and recycling receptacles on the vehicle any paper, cups, wrappers, litter, or other refuse of any kind which was a part of the goods or merchandise supplied from the motorized vehicle and which has been left or abandoned within 25 feet of such motorized vehicle on any public or private property other than in a refuse and recycling receptacle provided for such purposes.

(c) No mobile food vendor may dispose of any refuse or recycling in any such public or private refuse and recycling receptacle other than a refuse and recycling receptacle owned, operated, or otherwise provided by and under the control of such mobile food vendor.

(d) Each mobile food vendor shall comply with the requirements of Chapter 6.20.

(3) Smoke and odors. Mobile food vendors shall be responsible for controlling smoke and odors caused by food preparation so as to avoid a public nuisance.

(4) Amplified devices. Mobile food vendors shall not use amplified sound-making devices while engaged in mobile food vending. Mobile food vendors shall comply with Chapter 18.02.

(5) Lighting and illumination. No temporary lighting shall be provided on the site where the mobile food vendor is operating, except that localized lighting may be used on or in the motorized vehicle utilized for the mobile food vending operation for the purpose of inside food preparation and menu illumination.

(6) Signage. Mobile food vendors shall not use lighted or flashing signs on any motorized vehicle used for mobile food vending.

(7) Vehicle idling. Mobile food vendors shall not idle a motorized vehicle for more than five minutes during any one hour time period.

• (8) Restroom requirements.

(a) A mobile food vendor must demonstrate that there will be sufficient access to nearby or on-site restroom facilities and hand washing stations provided for customers of the mobile food vendor.

(b) Restrooms must be accessible during mobile food vendor's hours of operation. Portable restroom facilities are not permitted.

(c) No mobile food vendor may engage in any mobile food vending unless the mobile food vendor or its customers have permission to use an approved and readily available toilet and hand washing facility that is located within 200 feet travel distance from the mobile food vending location. If the toilet and hand washing facility is privately-owned, the mobile food vendor must obtain written permission from the owner or authorized agent, and a copy of the written permission must be kept in the motorized vehicle used for mobile food vending and available for inspection at all times.

(d) The mobile food vendor must clearly post on the motorized vehicle, a notice stating that (1) a toilet and hand washing facility has been made available as required by this section; and (2) the location of that facility.

(G) Mobile food vending on public rights-of-way. In addition to the general requirements and operational standards in this section, a mobile food vending operation located on the public right-of-way is subject to the following additional standards:

• (1) Traffic safety regulations.

(a) Mobile food vendors shall comply with all parking and Vehicle Code provisions which apply to the location at which it is parked, including the maximum allowed parking time limit for the parking space(s) occupied.

(b) Mobile food vendors shall be parked directly adjacent to a paved sidewalk, free and clear for pedestrian passage.

(c) Mobile food vendors shall not operate or engage in any mobile food vending on the exposed street and/or traffic side of the motorized vehicle. All food service shall be limited solely to that side of the motorized vehicle facing the adjacent sidewalk.

(d) Mobile food vendors shall not operate or engage in any mobile food vending within 25 feet of any street corner controlled by a crosswalk, traffic light, or stop sign.

(e) Mobile food vendors shall not park any motorized vehicle for mobile food vending within ten feet of a bus stop, mailbox, or within ten feet of a driveway apron to preserve adequate visibility for vehicles to exit driveways.

(f) Mobile food vendors shall not obstruct pedestrian or vehicular traffic.

(2) Encroachments. Mobile food vendors shall not encroach onto a public sidewalk with any part of the vehicle or any other equipment or furniture related to the operation of its business, except for the required refuse and recycling receptacles, provided they maintain a clear five foot pedestrian walkway.

(3) Operating time limits. Mobile food vendors shall not stand or park any motorized vehicle used for mobile food vending for more than one hour in any particular location. The one hour period will not apply to a vendor who is lawfully parked and is engaged in mobile food vending with a valid permit issued by the city for a special event.

(4) Operating location. Except when operating for the purpose of serving workers at a legally permitted and active construction site, during construction hours, mobile food vendors shall comply with the following locational requirements:

(a) Mobile food vendors shall not operate within 300 feet of the nearest property line of any property on which a public or private school facility is located.

(b) Mobile food vendors shall not operate within 300 feet of any other mobile food vendor.

(c) Mobile food vendors shall not operate within 300 feet of the nearest property line of any property on which an eating and drinking establishment is located.

(d) Mobile food vendors shall not operate within the following zoning districts: RL (Residential Low Density), RM (Residential Medium Density), RH (Residential High Density), CBD (Central Business District), or OS (Open Space) Zones.

(H) Mobile food vending on private property. In addition to the general requirements and operational standards in this section, a mobile food vending operation located on private property is subject to the following additional standards:

(1) Property owner authorization. Mobile food vendors shall obtain written authorization from the property owner to conduct mobile food vending operations on any privately owned parcel, and a copy of the written permission must be kept in the motorized vehicle used for mobile food vending and available for inspection at all times.

(a) Exception. Mobile food vendors operating at a legally permitted and active construction site, during construction hours, shall obtain authorization from the property owner or their designee, or from any person authorized to approve on-site visitors or motorized vehicles.

(2) Operating location. All vending operations must be confined within the property, including queuing of patrons.

(3) Parking requirements. Any property being utilized by a mobile food vending operation shall maintain unobstructed access to the minimum number of off-street parking spaces required for the primary use of the site in conformance with the requirements of Chapter 23.20. Pursuant to the requirements of § 23.20.050(D)(1), the Community Development Director may approve a reduction to the required number of parking spaces subject to certain criteria.

(I) Findings. The Community Development Director may approve an application for a mobile food vending permit only when all of the following findings of facts can be made in a positive manner:

(1) That the proposed use will not adversely affect pedestrian or vehicular traffic or the public health, safety or general welfare.

(2) That the proposed use would not have an adverse effect on adjacent property or the permitted use thereof.

(3) The proposed use is compatible with the quality and character of surrounding development and will visually enhance the appearance of the community.

(J) Conditions of approval. Conditions of approval may be imposed on any application for a mobile food vending permit to ensure that the proposed use will be in accord with the required standards and findings of this division and to ensure the protection of the public health, safety and welfare of the community. The approval of the mobile food vending permit shall not become effective until all applicable conditions of approval have been met. All conditions of approval shall be observed throughout the duration of the approved mobile food vending operation. (Ord. 4844, passed 4-28-25; Ord. 4848, passed 9-8-25)

A Neighborhood Commercial use is a commercial use of neighborhood-scale, with low-intensity retail and service commercial uses, located on a residentially zoned parcel, that provides conveniences to neighborhood residents.

(A) Applicability. This section applies to residentially zoned properties with existing commercial uses operating within the confines of a permitted commercial building or structure.

(B) General requirements.

(1) Permitted uses. Table 23.22.200 identifies the permitted neighborhood commercial uses within an established neighborhood commercial property.

2026 S-25

Standards for Specific Uses 172E

(2) Conditional uses. Certain uses may be subject to special conditions regarding the location, operation, design or special permitting requirements of the use. References to these provisions are made in Table 23.22.200.

(3) Prohibited uses. If a use is not specifically listed in Table 23.22.200, that use is prohibited. However, the Director of Community Development shall have the authority to determine whether the proposed use shall be permitted or conditionally permitted (deferred to Planning Commission) based on the finding that the use is similar to and no more detrimental than a particular use indicated in the table below. The Director of Community Development shall not consider parking as a factor of detriment when making a determination.

TABLE 23.22.200: ALLOWED NEIGHBORHOOD COMMERCIAL USES

(C) Review process. The Director of Community Development or his/her designee shall have the authority to determine, based on prior building permits, certificates of occupancy, business license records, or other evidence if a property improved with commercial facilities and structures in a residential zone may be classified as Neighborhood Commercial for the purposes of applying this section.

(1) Ministerial reviews. A ministerial review by means of an administrative review followed by issuance of a business license shall be required for all uses listed as "P - Permitted" and "A - Accessory" in the table above. A ministerial review by means of a temporary use permit pursuant to Chapter 23.35 of this title shall be required for all uses listed as "TUP - Temporary Use Permit" in the table above.

(2) Discretionary review. A conditional use permit approved by the Planning Commission pursuant to Chapter 23.34 of this title shall be required for those uses listed as "CUP - Conditional Use Permit" in the table above. Following approval of the conditional use permit, a business license shall be required.

(D) Applicable regulations. A neighborhood commercial use located on a property with permitted commercial improvements that is located in any residential zone shall be subject to all requirements in this title.

(Ord. 4823, passed 1-22-24; Ord. 4831, passed 8-26-24; Ord. 4844, passed 4-28-25; Ord. 4848, passed 9-8-25)

On-sale alcohol beverage establishments shall be located, developed, and operated in compliance with the following standards.

(A) Restaurants with beer and wine. On-sale alcohol beverage establishments operating under an on-sale beer and wine - eating place license from the California Department of Alcohol Beverage Control are permitted as accessory to an eating and drinking establishment. The on-sale alcohol beverage establishment must operate and maintain the licensed premises as a bona fide eating place, must maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises.

(B) Other on-sale alcohol beverage establishments. All other on-sale alcohol beverage establishments require conditional use permit approval.

(Ord. 4823, passed 1-22-24; Ord. 4844, passed 4-28-25)

• (A) Outdoor dining and seating on private property.

(1) Applicability. The standards of this section apply to outdoor dining and seating located on private property. Outdoor dining and seating located in the public-right-of-way is subject to an outdoor dining permit issued by the Community Development Director and Public Works Director, and the provisions of division (B) below.

(2) Accessory use. Outdoor dining and seating shall be conducted as an accessory use to a legally established use that is located on the same lot.

(3) Hours of operation. The hours of operation are limited to the hours of operation of the associated use.

(4) Maintenance. Outdoor dining and seating areas shall remain clear of litter at all times, and shall be maintained in a clean and safe manner.

(5) Parking. Outdoor dining and seating areas shall comply with all provisions of Chapter 23.20, Parking and Loading.

(6) Design and Operating Standards.

(a) All outdoor dining areas shall be continuously supervised by management or employees of the business to which they are associated.

(b) All items placed in outdoor dining areas shall be suitable for outdoor use and maintained in good repair and no item may be hazardous to pedestrian or vehicular traffic, or interfere with safe line-of-sight distances as determined by the Community Development Director.

• (c) All entrances and emergency exits shall be kept clear.

• (d) There shall be no outdoor storage permitted in conjunction with any outdoor dining area.

• (e) Barriers and partitions.

1. The dining area shall be clearly delineated by either potted plants or planters, or other partitioning material. The height of any partitions and the materials of construction are subject to city approval.

2. No barrier is required if the outdoor dining area is limited to one row of tables and chairs adjacent to the building and if no alcoholic beverages are served outdoors.

(f) No additional signage is permitted in the outdoor dining area. Umbrellas may not display signage or advertisements and must not obstruct the view of pedestrians or the motoring public in such a way as to create a safety hazard.

(g) Solar or battery powered candles and table lights are encouraged. Wired electrical facilities are permitted outside the face of the building subject to review and approval of the Building Division. Lighting on the building shall not be glaring to pedestrians on the sidewalk or to vehicular traffic.

• (h) The design, materials and colors used for chairs, tables, lighting and other fixtures including umbrellas and awnings shall be generally consistent both with the architectural style and colors used on the building façade.

(i) No table, chair, umbrella, awning, planter or other item shall extend or project out from the designated dining area.

• (j) The outdoor dining area shall be kept clear of litter and food scraps at all times. At the end of the business day, establishments are required to clean (sweep and mop) the area in and around the outdoor dining area.

• (k) Outdoor dining areas shall meet all applicable requirements of the Los Angeles County Health Department.

• (l) All outdoor dining areas shall be fully accessible to the handicapped, in compliance with the state disability access regulations.

• (7) Application procedure and requirements. Applicants for outdoor dining areas shall submit the following information for review by the Community Development Director.

• (a) A site plan, drawn to scale, indicating the following:

1. The address of the site, the name of the associated business, the name(s) of the fronting street(s), and a north arrow;

2. The location, layout and size of the proposed dining area;

3. The layout of any tables, chairs, benches and any other items that will be placed in the outdoor dining area;

4. All parking areas, curb markings, bus loading zones, driveways, wheelchair ramps, meter boxes and utility boxes; and

5. The location and floor plan of the building, including all doors and windows and any fixtures or building features which project from the face of the building.

• (b) The hours of operation.

• (c) The method of delineation of the dining area.

• (d) Name(s) and telephone numbers of the person(s) responsible for the operation of the outdoor dining area.

• (8) Findings. The Community Development Director may approve an application for outdoor dining and seating located on private property only when all of the following findings of facts can be made in a positive manner:

• (a) That the proposed outdoor dining area is conducted by a legally established use that is located on the same lot and is accessory thereto.

• (b) That the proposed area to be designated for outdoor dining is adequate in size and shape to accommodate the proposed use.

• (c) That the proposed use will not adversely affect pedestrian or vehicular traffic or the public health, safety or general welfare.

• (d) That the proposed use would not have an adverse effect on adjacent property or the permitted use thereof.

(e) The proposed use is compatible with the quality and character of surrounding development and will visually enhance the appearance of the community.

(9) Conditions of approval. Conditions of approval may be imposed on any application for outdoor dining and seating located on private property to ensure that the proposed use will be in accord with the required standards and findings of this subsection and to ensure the protection of the public health, safety and welfare of the community. The approval of the outdoor dining and seating area shall not become effective until all applicable conditions of approval have been met. All conditions of approval shall be observed throughout the duration of the use of the outdoor dining and seating area.

• (B) Outdoor dining and seating in the public right-of-way.

• (1) Purpose.

(a) The purpose of this division is to establish standards for outdoor dining in conjunction with permanent eating establishments, to accommodate pedestrian circulation and create well-designed and attractive outdoor dining areas.

(b) For the purposes of this division, outdoor dining refers to dining areas located on the public sidewalk. (2) Applicability. The standards of this subsection apply to outdoor dining and seating located in the public rightof-way. Outdoor dining and seating located on private property is subject to approval by the Community Development Director, and is subject to the provisions of division (A) hereof, outdoor dining and seating on private property.

(3) General regulations and design and operating standards. An outdoor dining permit may be issued upon approval of the Public Works Director and the Community Development Director, subject to the approval of the City Manager or his or her designee, for outdoor dining areas.

• (a) General regulations.

1. Only establishments that provide full menu service, take out food service and/or specialty food services (e.g., bakeries, ice cream, cookies, yogurt) are permitted to have outdoor dining. Any outdoor dining area must be accessory to an established restaurant or food service establishment.

2. With the exception of wine tasting rooms and microbreweries, bars, cocktail lounges, temporary or mobile food service providers or vendors are not eligible.

3. Each applicant for outdoor dining shall provide a certificate of insurance of general commercial liability insurance for an amount as required by the City Risk Manager, naming the city as an additional insured.

4. An application fee shall be paid in the amount as established by resolution of the City Council.

5. The term of the permit shall be determined by the Community Development Director, subject to the approval of the City Manager or his or her designee to provide periodic review of compliance with the provisions of this division. The maximum term of an outdoor dining permit shall not exceed 12 months.

(b) Design and operating standards.

1. Any outdoor dining area shall not extend beyond the boundaries of the street frontage of the business.

2. A minimum five foot wide continuous walkway is required, generally parallel and adjacent to the curb line, and entirely outside of the outdoor dining area. Such path shall also have a minimum vertical clearance of eight feet.

3. If alcoholic beverages are served, the outdoor dining area must be designated for combined food and beverage service. Food must be purchased in order to purchase alcohol, with the exception of wine tasting rooms and microbreweries.

4. All items placed on the public right-of-way shall be removed each evening when the business closes, except as specifically exempted in the outdoor dining permit.

5. All outdoor dining areas shall be continuously supervised by management or employees of the business to which they are associated.

6. All outside dining areas shall be maintained in a clean and safe manner.

7. All items placed on the public right-of-way shall be maintained in good repair and no item may be hazardous to pedestrian or vehicular traffic, or interfere with safe line-of-sight distances as determined by the Public Works Director.

8. All entrances and emergency exits shall be kept clear.

9. No items may be placed on turf or other planted areas.

10. There shall be no outdoor storage permitted in conjunction with any outdoor dining area.

11. Barriers and partitions.

a. The dining area shall be clearly delineated by either potted plants or planters, or other partitioning material. The height of any partitions shall not exceed 42 inches above the grade and the materials of construction are subject to city approval.

b. No barrier is required if the outdoor dining area is limited to one row of tables and chairs adjacent to the building and if no alcoholic beverages are served outdoors.

12. No additional signage is permitted in the outdoor dining area. Umbrellas may not display signage or advertisements and must not obstruct the view of pedestrians or the motoring public in such a way as to create a safety hazard.

13. Solar or battery powered candles and table lights are encouraged. Wired electrical facilities are permitted outside the face of the building subject to review and approval of the Building Division. Lighting on the building shall not be glaring to pedestrians on the sidewalk or to vehicular traffic.

14. The design, materials and colors used for chairs, tables, lighting and other fixtures including umbrellas and awnings shall be generally consistent both with the architectural style and colors used on the building façade.

15. No table, chair, umbrella, awning, planter or other item shall extend or project out from the designated dining area.

16. The outdoor dining area shall be kept clear of litter and food scraps at all times. At the end of the business day, establishments are required to clean (sweep and mop) the area in and around the outdoor dining area.

17. With the exception of wine tasting rooms and microbreweries, the hours of operation for the outdoor dining area shall not exceed the hours of the associated food service establishment.

18. Outdoor dining areas shall meet all applicable requirements of the Los Angeles County Health Department.

19. All outdoor dining areas shall be fully accessible to the handicapped, in compliance with the state disability access regulations.

• (4) Application procedure and requirements. Applicants for outdoor dining areas shall submit the following information for review by the Community Development Director and the Public Works Director:

• (a) A site plan, drawn to scale, indicating the following:

1. The address of the site, the name of the associated business, the name(s) of the fronting street(s), the dimensions of the sidewalk area and a north arrow;

2. The location, layout and size of the proposed dining area;

3. The layout of any tables, chairs, benches and any other items that will be placed in the outdoor dining area;

4. The number, size and location of existing trees, tree wells, newspaper racks, poles, signs, bus benches, trash receptacles and any other items on the sidewalk between the building and the curb;

5. All curb markings, bus loading zones, driveways, wheelchair ramps, meter boxes and utility boxes;

6. The location and floor plan of the building, including all doors and windows and any fixtures or building features which project from the face of the building;

7. The five foot wide continuous walkway as required in division (B)(2) above.

• (b) The hours of operation.

• (c) The method of delineation of the dining area.

• (d) Name(s) and telephone numbers of the person(s) responsible for the operation of the outdoor dining area.

(5) Findings. The City Manager, the Community Development Director, and the Public Works Director may approve an outdoor dining application only when all of the following findings of facts can be made in a positive manner:

• (a) That, excepting wine tasting rooms and microbreweries, the proposed outdoor dining area is conducted by an existing food service establishment and is accessory thereto.

(b) That the proposed area to be designated for outdoor dining is adequate in size and shape to accommodate the proposed use.

(c) That the proposed use will not adversely affect pedestrian or vehicular traffic or the public health, safety or general welfare.

• (d) That the proposed use would not have an adverse effect on adjacent property or the permitted use thereof.

(e) The proposed use is compatible with the quality and character of surrounding development and will visually enhance the appearance of the community.

(6) Conditions of approval. Conditions of approval may be imposed on any outdoor dining and seating located in the public right-of-way to ensure that the proposed use will be in accord with the required standards and findings of this Subsection and to ensure the protection of the public health, safety and welfare of the community. The approval of the outdoor dining and seating area shall not become effective until all applicable conditions of approval have been met. All conditions of approval shall be observed throughout the duration of the use of the outdoor dining and seating area.

(Ord. 4823, passed 1-22-24; Ord. 4831, passed 8-26-24; Ord. 4844, passed 4-28-25)

Outdoor display and sales shall be located, developed, and operated in compliance with the following.

(A) Temporary outdoor display and sales. The temporary outdoor display and sale of merchandise shall comply with § 23.22.280 and Chapter 23.35.

(B) Size. There is no limit on the size of outdoor display areas for vehicle sales and leasing, nursery and garden centers, and building materials sales. For other uses, outdoor display areas 500 square feet or less in size are permitted. Outdoor display areas more than 500 square feet in size require minor use permit approval.

(C) Relationship to main use. The outdoor display and sales area shall be directly related to a business occupying a primary structure on the subject parcel.

(D) Allowable merchandise. Only merchandise sold at the business is permitted to be displayed outdoors.

(E) Location. The displayed merchandise shall not disrupt the normal function of the site or its circulation and shall not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas.

(Ord. 4823, passed 1-22-24; Ord. 4831, passed 8-26-24; Ord. 4844, passed 4-28-25; Ord. 4848, passed 9-8-25)

Personal storage facilities shall be located, developed, and operated in compliance with the following standards. (A) Purpose. These regulations are intended to establish procedures and standards for personal storage facilities. It is also the intent of this section to establish minimum standards of development in order to ensure compatibility of personal storage facilities with the surrounding land uses to protect surrounding property values, and to maintain the health, safety and general welfare of the community.

(B) Development standards.

• (1) Location.

(a) Personal storage facilities shall not be located adjacent to any Residential Zoning Districts or Residential Uses.

(b) Personal storage facilities shall not be located adjacent to park and recreation facilities.

(c) Personal storage facilities shall be located along a commercial corridor on a street identified in the General Plan as a secondary arterial or collector street. Personal storage facilities shall not be located on a street identified in the General Plan as a major arterial, with the exception of properties designated as I (Industrial) Zone that are located along Mission Road.

(2) Rooftop solar energy system. All personal storage facilities shall be required to incorporate a rooftop solar energy system, also known as a photovoltaic system.

(3) Stormwater low impact development. All personal storage facilities shall comply with the city's Stormwater Low Impact Development (LID) Standards pursuant to Chapter 16.36 of the Alhambra Municipal Code.

(4) Landscaping. All personal storage facilities shall comply with all provisions of Chapter 23.17, Landscaping. (C) Development agreement. All personal storage facilities shall be required to execute a development agreement consistent with the procedures and requirements of Chapter 23.39, Development Agreements. The development agreement shall be executed prior to or conjunction with the approval of any required minor use permit or conditional use permit, and shall be subject to the following standards:

(1) Community Benefits Plan. The development agreement shall provide a detailed Community Benefits Plan that outlines the community benefits that will be provided as part of the development of a personal storage facility. The community benefits provided shall include a minimum of three of the following:

(a) Landscaping, open space, and urban furniture. Landscaping, open space, and urban furniture provided in addition to any other minimum landscaping, open space, and urban furniture requirements of this Title. Landscaping and open space areas and amenities, including parks, parklets, plazas, paseos, etc., shall foster quality, attractive, and usable spaces which serve as a community resource, enhance pedestrian circulation, and are publicly accessible. Urban furniture shall include features which provide shade, seating areas, picnic areas, fitness equipment, bicycle racks, play areas, and other amenities that are functional and publicly accessible to pedestrians and community members.

aseos, etc., shall foster quality, attractive, and usable spaces which serve as a community resource, enhance pedestrian circulation, and are publicly accessible. Urban furniture shall include features which provide shade, seating areas, picnic areas, fitness equipment, bicycle racks, play areas, and other amenities that are functional and publicly accessible to pedestrians and community members.

(b) Public art. Public art provided in addition to any other minimum public art requirements of this Title. Public art shall be a visual display located in a highly visible or accessible location, and shall serve to enhance the aesthetic quality of the site and engage pedestrians.

(c) Community facilities. A project may provide community facilities such as a lounge, meeting, recreation, or other flexible spaces, that are readily and publicly available for use by community members.

(d) Streetscape improvements. Streetscape and public right-of-way improvements in addition to any minimum requirements of the Alhambra Municipal Code, or in addition to what may be required by other departments or divisions for project approval. Streetscape and public right-of-way improvements shall conform with the goals and policies of the adopted City of Alhambra Active Transportation Plan and may include, but shall not be limited to, bulbouts, enhanced sidewalks and paving,

pedestrian crossings, and pedestrian and street lighting.

(e) Other community benefits may be submitted for review and consideration by the Community Development Director.

(2) Community Benefits Fund. The development agreement shall identify the amount of funds to be dedicated to the city's Community Benefits Fund, which shall be utilized to fund community benefits throughout the city including, but not limited to, landscaping and open space improvements, public art, urban furniture, and streetscape improvements.

(3) Other site-specific terms. The development agreement shall identify any site-specific terms and requirements related to the development which are not otherwise specified as part of the Community Benefits Plan or Community Benefits Fund. The development agreement shall also identify requirements related to the ground floor uses within a proposed development, which shall adhere to the following standards, unless a comparable alternative is otherwise agreed upon between the applicant and the city:

(a) Ground floor use.

1. Minimum size. A minimum of 1,500 square feet of the ground floor along the building frontage shall be dedicated to public/ semi-public uses, commercial uses, or combination thereof, but shall not include any storage, warehousing, and wholesaling uses.

a. For a development with more than 150 feet of total building frontage, the minimum required ground floor square footage dedicated to public/semi-public uses, commercial uses, or combination thereof, but excluding any storage, warehousing, and wholesaling uses, shall be equivalent to 50% of the total building frontage multiplied by a depth of 20 feet, but shall not be less than 1,500 square feet.

For a development with more than 150 feet of total building frontage, the minimum required ground floor square footage dedicated to public/semi-public uses, commercial uses, or combination thereof, but excluding any storage, warehousing, and wholesaling uses, shall be equivalent to 50% of the total building frontage multiplied by a depth of 20 feet, but shall not be less than 1,500 square feet.

2. Location and orientation. Ground floor uses dedicated to public/semi-public uses, commercial uses, or combination thereof, shall have frontages and primary entrances oriented toward the street, and shall be located within 20 feet of the street frontage.

(Ord. 4831, passed 8-26-24; Ord. 4844, passed 4-28-25; Ord. 4848, passed 9-8-25)

Recycling facilities shall be located, developed, and operated in compliance with the following.

(A) Purpose. These regulations are intended to encourage the recycling of reusable materials and provide convenient service locations for the general public as mandated by state law. It is also the intent of this section to establish minimum standards of development in order to ensure compatibility of recycling facilities with the surrounding land uses to protect surrounding property values, and to maintain the health, safety and general welfare of the community.

(B) General regulations.

(1) Regulations applicable to all recycling facilities. See § 23.43.050.

• (a) Location.

1. There shall be no more than one facility for each site.

2. Recycling facilities shall be located a minimum of 150 feet from a Residential Zoning District.

3. Recycling facilities shall be located a minimum of ten feet from any property line or public right-of-way.

4. Recycling facilities shall not be located within any required landscape area, driveway, or parking space.

5. Recycling facilities shall not obstruct pedestrian or vehicular circulation.

6. Recycling facilities shall not be within ten feet of a driveway aisle providing vehicle access in a parking lot.

7. Recycling facilities shall be located a minimum of 50 feet from an entrance or operable window of any building, whether on the same property or not.

(b) Screening. Recycling facilities shall be screened from view of the public right-of-way by a minimum sixfoot high solid screen or an enclosure.

(c) Registration. Recycling facilities shall be clearly marked with the name and telephone number of the operator. No person shall install or maintain a recycling facility without first registering the facility with the city. Such registration shall be in writing by the owner of the recycling facility or his or her authorized agent, shall be filed with the Community Development Director and shall contain the name, address and telephone number of the owner of the facility and the name and address of the person to whom any notice should be given pursuant to this section.

(d) Materials.

1. Recycling facilities shall use receptacles that are constructed and maintained with durable waterproof and rustproof material, covered when not attended, and secure from unauthorized entry.

2. No materials shall be stored or placed in a manner so as to cause a public nuisance. All recyclable materials shall be stored in receptacles or in the mobile recycling unit vehicle, and shall not be left outside of receptacles when attendant is not present.

3. Recycling facilities shall accept only glass, metals, plastic containers, papers and reusable items. Items shall be presorted and shall include non-hazardous materials.

• (e) Trash container. There shall be a minimum of one trash container (separate from the trash container required for the principal use) located near the facility.

(f) Noise. Noise levels shall not exceed 55 dBA as measured at the property line of a residentially zoned or occupied site or at the property line of any site zoned or used for open space purposes. Noise levels shall not exceed 65 dBA as measured at the property line of commercially designated properties, and 70 dBA as measured at the property line of industrially designated properties.

• (2) Additional regulations applicable to reverse vending machines.

(a) Accessory use. In the I Zone, reverse vending machines shall be accessory to a principal use that is in compliance with City Zoning, Building, and Fire Codes. In the CMU Zone, reverse vending machines shall be accessory to a food and beverage retail sales establishment.

(b) Illumination. Reverse vending machines shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

(c) Hours of operation. Hours of operation shall be consistent with the business hours of the principal use but in no event shall the hours be longer than between 8:00 a.m. to 7:00 p.m., Monday through Saturday, and 10:00 a.m. to

6:00 p.m., Sunday.

• (3) Additional regulations applicable to small collection facilities.

(a) Accessory use. In the I Zone, small collection facilities shall be accessory to a principal use that is in compliance with City Zoning, Building, and Fire Codes. In the CMU Zone, small collection facilities shall be accessory to a food and beverage retail sales establishment.

(b) Equipment. Power-driven processing equipment except for reverse vending machines is prohibited.

(c) Parking. One on-site parking space shall be provided for each attendant and/or employee. One on-site parking space shall be provided for each vehicle operated by the facility. The available on-site parking spaces shall not be reduced below the minimum required number of parking spaces required for the principal use.

(d) Hours of operation. Hours of operation shall be consistent with the business hours of the principal use, but in no event shall the hours be longer than between 8:00 a.m. to 7:00 p.m., Monday through Saturday, and 10:00 a.m. to 6:00 p.m., Sunday.

(4) Additional regulation applicable to large collection facilities. Customer and employee parking shall be provided at the rate of one parking space per 250 square feet of gross floor area, with a minimum of five parking spaces per business.

In addition to these requirements, there shall also be provided one parking space for each vehicle operated by the facility.

(C) Nonconforming facilities. Recycling facilities which are lawfully in existence at the time of adoption of these regulations and which are not in compliance are considered nonconforming and shall be removed or brought into conformance within six months.

(D) Abatement of facilities.

(1) Whenever the Community Development Director is advised that a recycling facility has been installed or is being maintained in violation of this Ssction, the Director shall so notify the operator, or in the absence of such information, the property owner. Such notice shall be served either personally or by mail, postage prepaid, certified, return receipt requested, to the person in. Such notice shall state the nature of the violation, the Director's intention to impound the facility if the violation is not corrected or a hearing is not requested before the Director within 14 days after the giving of such notice, and provide the procedure for requesting such a hearing. A timely request for a hearing shall stay any impounding pending a decision by a hearing officer.

(2) Whenever a recycling facility is impounded pursuant, the recycling facility shall be removed by the Director or his or her designee, and stored in any convenient place. The Director shall notify in writing the registered operator, or in the absence of such registration the property owner, regarding the removal. Such notice shall be served either personally or by mail, postage prepaid, certified, return receipt requested. Such notice shall state the date the facility was removed, the reasons for the removal, the location and procedure for claiming the facility and the procedure for obtaining a post-removal hearing before the Director if desired. Any such recycling facility removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within 45 days after such removal and upon the payment of reasonable charges of removal and storage therefore. Upon failure of the owner to claim such recycling facility and pay the reasonable charges within 45 days after the mailing of written notice of removal, such recycling facility shall be deemed to be unclaimed property in possession of the city and may be disposed of.

(3) Any recycling facility in violation of the provisions of this section, which violation creates an immediate danger to the health or safety of the public, and which violation cannot be corrected by moving or otherwise repositioning the recycling facility, may be summarily removed and stored in a convenient location so as to eliminate the danger to the health or safety of the public. The Director shall notify in writing the registered operator, or in the absence of such registration the property owner, regarding the removal. Such notice shall state the date the facility was removed, the reasons for the removal, the location and procedure for claiming the facility and the procedure for obtaining a post-removal hearing before the Director, if desired. Any such facility removed and stored pursuant to this section shall be released to the owner thereof if claimed within 45 days after the mailing of written notice of removal and upon the payment of reasonable charges of removal and storage. Upon failure of the owner to claim such facility and pay the reasonable charges within said 45-day period, such facility shall be deemed to be unclaimed property in possession of the city and may be disposed of.

section shall be released to the owner thereof if claimed within 45 days after the mailing of written notice of removal and upon the payment of reasonable charges of removal and storage. Upon failure of the owner to claim such facility and pay the reasonable charges within said 45-day period, such facility shall be deemed to be unclaimed property in possession of the city and may be disposed of.

(4) Within 14 days of the notice of violation, or notice of removal of a facility summarily impounded, the registered operator or other person who provides satisfactory proof of ownership, may request a hearing. The request shall be in writing, shall state the basis thereof, and shall be filed with the Director.

(5) Upon receipt of a written request for a hearing, the Director shall schedule the hearing before a hearing officer. The hearing officer shall be the Risk Manager or their designee.

(6) The Director shall provide written notice of the date, time, and place of the hearing, and the identity of the hearing officer. Such notice of hearing shall be served either personally or by mail, postage prepaid, certified, return receipt requested, to the registered owner, or in the absence of such registration the property owner. The hearing shall be held no sooner than 15 days following service of the notice of hearing. The hearing officer may continue the hearing for good cause.

(7) At the hearing any person may present evidence or argument as to whether the facility has violated this section. Within seven working days after the close of the hearing, the hearing officer shall render a decision in writing. Notice of the decision shall forthwith be given to the person who requested the hearing. The hearing officer may order the termination of the abatement proceedings or may order abatement of the recycling facility within a reasonable amount of time (not less than 30 days). The order issued by the hearing officer will be deemed a final order and may be judicially reviewed pursuant to Cal. Code of Civil Proc. § 1094.6. There is no right to a City Council appeal. If the

responsible party does not timely abate a recycling facility found to be in violation of this Section and does not seek timely judicial review pursuant to Cal. Code of Civil Proc. § 1094.6, the Director may proceed the impoundment of the offending recycling facility.

• (8) Unless otherwise specified, all notices shall be sent by registered mail to the registered owner at the address shown on the registration, if such registration has been completed, and at his or her last-known address.

• (9) The city may seek recovery of any abatement expenses pursuant to the procedures set forth in §§ 6.26.110 through 6.26.130 and Chapter 6.27 of the Municipal Code.

(10) The remedies set forth in this section are not exclusive and do not prevent the City Attorney from commencing a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein.

• (Ord. 4823, passed 1-22-24; Ord. 4844, passed 4-28-25)

Single room occupancy (SRO) units shall be designed in compliance with Chapter 23.13 and shall be developed and operated in compliance with the following standards:

• (A) Minimum size. Each unit shall have at least 150 square feet of floor area. No individual unit may exceed 400 square feet.

• (B) Maximum occupancy. Each unit shall accommodate a maximum of two persons.

• (C) Lighting. Exterior lighting shall be provided for the entire outdoor and parking area of the property and shall comply with the requirements of § 23.12.090.

• (D) Laundry facilities. Laundry facilities must be provided in a separate enclosed room at the ratio of one washer and one dryer for every 20 units or fractional number thereof, with at least one washer and dryer per floor.

• (E) Cleaning facilities. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor.

• (F) Bathroom. Each unit shall require a separate bathroom containing a toilet, sink and bathtub or shower.

• (G) Cooking facilities. Each unit shall require a kitchen sink, functioning cooking appliance and a refrigerator, each having a clear working space of not less than 30 inches in front.

• (H) Closet. Each unit shall have a separate closet.

• (I) Tenancy. Tenancy of units shall not be less than 30 days.

• (J) Facility management. An SRO facility with ten or more units shall provide full-time on-site management. An SRO facility with less than ten units may provide a management office off-site.

• (Ord. 4823, passed 1-22-24; Ord. 4844, passed 4-28-25)

(A) Purpose. To provide a uniform and comprehensive set of standards for the development and installation of facilities related to telecommunication facilities in order to accommodate the needs of residents and businesses while protecting the public health, safety, and welfare, and the aesthetic quality of the community, consistent with the goals, objectives, and policies of the General Plan, while providing for managed development of telecommunication infrastructure in compliance with the Federal Telecommunications Act of 1996 and related requirements in state law. The specific objectives of this section are to:

(1) Prevent the emergence and proliferation of visual blight along visually significant or visually sensitive corridors within the City of Alhambra;

(2) Recognize the rights of wireless facilities operators and wireless transmission devices under federal law and state law, and harmonize those with the city's interest;

(3) Encourage users of wireless facilities and wireless transmission devices to locate such equipment in areas where any adverse impacts on the community are optimally mitigated and, where possible, encourage users of wireless facilities to collocate those facilities with existing wireless facilities;

(4) Encourage users of wireless facilities, which include accessory equipment, to configure such equipment in a manner that minimizes their adverse visual impact;

• (5) Encourage the managed and aesthetically sensitive development of wireless facilities in the city; and

• (6) Ensure that approved wireless facilities, wireless transmission devices and related accessory equipment and support structures are constructed and operated in a safe and legally compliant manner.

(B) Definitions. All words and phrases defined below and found in this section shall be used in the context of the definitions of this section. Other general terms, unless otherwise defined, shall have the meanings assigned to them in Chapter 23.44.

ANTENNA. Any system of wires, poles, rods, horizontal or vertical elements, panels, reflecting discs, or similar devices used for the transmission and/or reception of electromagnetic waves.

CO-LOCATION. The location of two or more wireless communications facilities owned or used by more than one public or private entity on a single support structure, or otherwise sharing a common location. CO-LOCATION also includes the location of wireless communications facilities with other facilities, such as buildings, water tanks, light standards, and other utility facilities and structures.

MAST. A pole of wood or metal or a tower fabricated of metal that is used to support an antenna and maintain it at the proper elevation.

MULTI-USER TELECOMMUNICATION FACILITY. A telecommunication facility comprised of multiple telecommunication towers or buildings supporting one or more antennas owned or used by more than one public or private entity, excluding research and development industries with antennas serving internal company uses only. NON-STEALTH FACILITY. Means any telecommunication facility not camouflaged in a readily apparent manner to blend with surrounding land uses and features. The design does not conceal the intended use of the facility and incorporates no readily apparent elements of stealth technology or design. A standard monopole with equipment cabinets aboveground and unscreened would be considered non-stealth.

PERSONAL COMMUNICATIONS SERVICES (PCS). Digital wireless telephone technology such as portable phones, pagers, faxes, and computers. PCS is also sometimes known as Personal Communication Network (PCN). SATELLITE DISH. A device (also known as a parabolic antenna) incorporating a reflective surface that is solid, open, or mesh or bar-configured, and is in the shape of a shallow dish, cone, horn cornucopia, or flat plate that is used to receive or transmit radio or electromagnetic waves between terrestrially and/or orbitally based units. This term includes satellite earth stations, satellite receivers, satellite discs, direct broadcast systems, television-reception-only systems, and satellite microwave antennas.

STEALTH FACILITY. Means any telecommunication facility camouflaged or designed to substantially blend into the surrounding environment, land uses, and features by, among other things, architecturally integrating into a structure or otherwise using design elements to conceal antennas, antenna supports, poles, equipment, cabinets, equipment housing and enclosure, and related above-ground accessory or support equipment; minimize aesthetic impact on adjacent uses; and conceal the intended use and appearance of the structures.

SUPPORT EQUIPMENT. The physical, electrical, and/or electronic equipment included within a telecom facility used to house, power, transport, and/or process signals from or to the facility's antenna or antennas.

TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas.

TOWER, LATTICE. A multiple-sided, open, metal frame support structure that supports antennas and related equipment, typically with three or four support legs.

(C) Applicability and exemptions. The requirements of this section apply to all telecommunication facilities that transmit and/or receive electromagnetic signals, including but not limited to personal communications services (cellular and paging) and radio and television broadcast facilities. The requirements apply to telecommunication facilities that are the primary use of a property and those that are accessory facilities, except that the following facilities are exempt:

• (1) Licensed amateur (ham) radio and citizen band operations.

• (2) Hand-held, mobile, marine, and portable radio transmitters and/or receivers.

• (3) Emergency services radio.

• (4) Radio and television mobile broadcast facilities.

• (5) Antennas and equipment cabinets or rooms completely located inside of permitted structures.

(6) A single ground- or building-mounted receive-only radio or television antenna not exceeding the maximum height permitted by this code, including any mast, or a receive-only radio or television satellite dish antenna, subject to the following restrictions:

(a) Residential Districts.

1. Satellite dish one meter or less. A satellite dish that does not exceed one meter in diameter, is not located within a required front or street side setback or in front of the primary structure, and for the sole use of a resident occupying the same residential parcel is permitted so long as it does not exceed the height of the ridgeline of the primary structure on the same parcel.

2. Satellite dish greater than one meter. A satellite dish that is greater than one meter in diameter, is not located within a required setback, and is screened from view from any public right-of-way and adjoining property.

3. Antennas. An antenna that is mounted on any existing building or other structure that does not exceed 25 feet in height. The antenna shall be for the sole use of a resident occupying the same residential parcel on which the antenna is located.

(b) Non-residential districts.

1. Satellite dish two meters or less. A satellite dish that does not exceed two meters in diameter is permitted on a lot in a non-residential district so long as it is not located within a required front or street side setback or in front of the primary structure.

2. Satellite dish greater than two meters. A satellite dish that is greater than two meters in diameter that is not located within a required setback and is screened from view from any public right-of-way and adjoining property.

3. Mounted antennas. An antenna that is mounted on any existing building or other structure when the overall height of the antenna and its supporting tower, pole or mast does not exceed a height of 25 feet or is completely screened by the parapet or other roof elements of the building.

4. Freestanding antennas. A freestanding antenna and its supporting tower, pole, or mast that complies with all applicable setback requirements when the overall height of the antenna and its supporting structure does not exceed a height of 25 feet.

(c) Undergrounding required. All wires and/or cables necessary for operation of an antenna shall be placed underground or attached flush with the surface of the building or the structure of the antenna.

(7) Any antenna or wireless communications facility that is exempt from local regulation pursuant to the rules and regulations of the Federal Communications Commission (FCC) or a permit issued by the California Public Utilities Commission (CPUC). The owner or operator of such facility shall provide the Community Development Director with a copy of a current FCC or CPUC permit or a copy of applicable FCC regulations prior to its installation.

ility that is exempt from local regulation pursuant to the rules and regulations of the Federal Communications Commission (FCC) or a permit issued by the California Public Utilities Commission (CPUC). The owner or operator of such facility shall provide the Community Development Director with a copy of a current FCC or CPUC permit or a copy of applicable FCC regulations prior to its installation.

(8) Minor modifications to existing wireless facilities, including replacement in-kind or with smaller or less visible equipment, that meet the standards set forth in this section and will have little or no change in the visual appearance of the facility.

(D) Permit requirements. Telecommunication facilities shall comply with the following permit requirements and any other permit requirements stipulated by this code or applicable laws, regulations, and Building Codes of other governmental agencies having jurisdiction over the facility. Where a permit is required, the city shall act on the permit application within the applicable shot clock period as provided for in 47 CFR 1.6003.

(1) Replacement, removal, or co-location of transmission equipment (eligible facilities request, § 6409 of the Middle Class Tax Relief and Job Creation Act of 2012). The co-location of new transmission equipment, removal of transmission equipment, or the replacement of transmission equipment is permitted by right provided the modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base structure, including an electric utility pole erected to replace an existing electric utility pole, if the replacement pole will serve both electric and wireless communications functions, and if the replacement pole is substantially equivalent to the predecessor pole in placement, height, diameter, and profile.

(2) Stealth facilities. Stealth facilities in which the antenna and the support equipment are hidden from view in a structure or concealed as an architectural feature, are permitted by right in the I Zone. Stealth facilities in all other non-residential zoning districts are subject to minor use permit approval, and stealth facilities in Residential Zoning Districts are subject to conditional use permit approval.

(3) Non-stealth facilities. Permitted in non-residential zoning districts subject to conditional use permit approval. Not permitted in Residential Zoning Districts.

(4) Co-located facilities. Permitted by right when proposed to be co-located on a facility that was subject to a discretionary permit issued on or after January 1, 2007 and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless telecommunication collocation facility in compliance with the California Environmental Quality Act and the collocation facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration.

nmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless telecommunication collocation facility in compliance with the California Environmental Quality Act and the collocation facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration.

(E) Standards. Telecommunication facilities shall be located, developed, and operated in compliance with all of the following standards and with applicable standards of the zoning district in which they are located. (1) Location and siting.

(a) No new freestanding facility, including a tower, lattice tower, or monopole, shall be located within 1,000 feet of another freestanding facility, unless mounting on a building or co-location on an existing pole or tower is not feasible and appropriate camouflage techniques have been used to minimize the visual impact of the facility to the extent feasible.

(b) Telecommunication facilities shall meet the setback requirements of the zoning district which they are located.

(c) When feasible, providers of personal wireless services shall co-locate facilities in order to reduce adverse visual impacts. The Community Development Director may require co-location or multiple-user wireless telecommunication facilities based on a determination that it is feasible and consistent with the purposes and requirements of this section.

(d) When determined to be feasible and consistent with the purposes and requirements of this section, the Community Development Director shall require the applicant to make unused space available for future co-location of other telecommunication facilities, including space for different operators providing similar, competing services.

(2) Support structures. Support structures for telecommunication facilities may be any of the following:

(a) An existing non-residential building.

(b) An existing structure other than a building, including, but not limited to, light poles, electric utility poles, water towers, smokestacks, billboards, lattice towers, and flag poles.

(c) An alternative tower structure such as a clock tower, steeple, functioning security light pole, functioning recreational light pole, or any similar alternative-design support structure that conceals or camouflages the telecommunication facility. The term "functioning" as used herein means the light pole serves a useful and appropriate lighting function as well as a wireless communications function.

(d) Existing publicly-owned and operated monopole or a lattice tower exceeding the maximum height limit. (e) A single pole (monopole) sunk into the ground and/or attached to a foundation. Any new monopole shall be constructed to allow for co-location of at least one other similar communications provider.

(f) A monopole mounted on a trailer or a portable foundation if the use is for a temporary communications facility.

(3) Height requirements.

(a) Freestanding antenna or monopole. All free-standing antennas, monopoles, and lattice towers shall be designed to be the minimum functional height and width required to support the proposed antenna installation, unless it can be demonstrated that a higher antenna, monopole, or tower will facilitate co-location. A freestanding antenna or monopole shall not exceed the height limit of the zoning district in which it is located or 60 feet, whichever is less.

(b) Building-mounted facilities. Telecommunication facilities mounted on buildings shall not exceed a height of ten feet above the height limit of the district or ten feet above the existing height of a legally established building, whichever is lower, measured from the top of the facility to the point of attachment to the building.

(c) Facilities mounted on structures. Telecommunication facilities mounted on an existing structure shall not exceed the height of the existing structure unless camouflaged as part of the structure design, except antennas may extend up to ten feet above the height of an electric utility pole.

(d) Facilities mounted on light poles. A functioning security light pole or functioning recreational light pole shall have a height consistent with existing poles in the surrounding area or height usually allowed for such light poles.

(4) Design and screening. Telecommunication facility structures and equipment shall be located, designed, and screened to blend with the existing natural or built surroundings, as well as any existing support structures, so as to reduce visual impacts to the extent feasible.

(a) Stealth facilities. State of the art stealth design technology shall be utilized as appropriate to the site and type of facility. Where no stealth design technology is proposed for the site, a detailed analysis as to why stealth design technology is physically and technically infeasible for the project shall be submitted with the application.

(b) Other facility types. If a stealth facility is not feasible, the order of preference for facility type is, based on their potential aesthetic impact: façade-mounted, roof-mounted, ground-mounted, and free-standing tower or monopole. A proposal for a new ground-mounted or free-standing tower shall include factual information to explain why other facility types are not feasible.

(c) Camouflage design. Telecommunication facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, or otherwise screened to minimize their appearance in a manner that is compatible with the architectural design of the building or structure.

(d) Equipment cabinets. Equipment cabinets shall be located within the building upon which antennae are placed, if technically feasible. Otherwise, equipment cabinets, buildings, and associated equipment such as air conditioning units and emergency generators, shall be screened from view by a wall or landscaping, as approved by the city. Any wall shall be architecturally compatible with the building or immediate surrounding area.

cabinets shall be located within the building upon which antennae are placed, if technically feasible. Otherwise, equipment cabinets, buildings, and associated equipment such as air conditioning units and emergency generators, shall be screened from view by a wall or landscaping, as approved by the city. Any wall shall be architecturally compatible with the building or immediate surrounding area.

(e) Landscaping. Landscaping shall be provided for and maintained to screen any ground structures or equipment visible from a public right-of-way.

(f) Lighting. Artificial lighting of a telecommunication facility, including its components, is prohibited, unless required by the Federal Aviation Administration. A motion-sensor light may be used for security purposes if the beam is directed downwards, shielded from adjacent properties, and kept off except when personnel are present at night.

(g) Advertising. No advertising shall be placed on telecommunication facilities, equipment cabinets, or associated structures.

(5) Security features. All facilities shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances.

(a) Fencing. Security fencing, if any, shall not exceed the fence height limit of the base district. Fencing shall be effectively screened from view through the use of landscaping. No chain link fences shall be visible from public view.

(b) Maintenance. The permittee shall be responsible for maintaining the site and facilities free from graffiti. (6) Radio frequency standards, interference, and noise.

(a) Radio frequency. Telecommunication facilities shall comply with federal standards for radio frequency emissions and interference. Failure to meet federal standards may result in termination or modification of the permit.

(b) Interference. Telecommunications facilities shall not interfere with public safety radio communications.

(c) Noise. Telecommunication facilities and any related equipment, including backup generators and air conditioning units, shall not generate noise in excess of the limits established in Chapter 18.02 of the Municipal Code. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall be scheduled and conducted in such a manner that is the least disruptive to surrounding land uses.

(7) Co-location. The applicant and owner of any site on which a telecommunication facility is located shall cooperate and exercise good faith in co-locating telecommunication facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of co-location, and may include negotiations for erection of a replacement support structure to accommodate co-location. A competitive conflict to colocation or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith.

the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of co-location, and may include negotiations for erection of a replacement support structure to accommodate co-location. A competitive conflict to colocation or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith.

(a) All facilities shall make available unused space for co-location of other telecommunication facilities, including space for these entities providing similar, competing services. Co-location is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the city may require the applicant to obtain a third party technical study at applicant's expense. The city may review any information submitted by applicant and permittee(s) in determining whether good faith has been exercised.

(b) All co-located and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. Telecommunication towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities, and equipment buildings, shall be shared by site users whenever possible.

(c) No co-location may be required where it can be shown that the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing telecommunication facilities or failure of the existing facilities to meet federal standards for emissions.

(d) Failure to comply with co-location requirements when feasible or cooperate in good faith as provided for in this section is grounds for denial of a permit request or revocation of an existing permit.

(8) Fire prevention and emergency response. All telecommunication facilities shall be designed and operated in a manner that will minimize the risk of igniting a fire or intensifying one that otherwise occurs.

(a) At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings.

(b) The exterior walls and roof covering of all above-ground equipment shelters and cabinets shall be constructed of materials rated as non-flammable in the Building Code.

(c) Monitored automatic fire extinguishing systems shall be installed in all equipment buildings and enclosures.

(d) Openings in all above-ground equipment shelters and cabinets shall be protected against penetration by fire and wind-blown embers to the extent feasible.

(e) Address signs shall be installed in conformance with Fire Chief's requirements at the entrance off the public way, where needed to provide direction along the access road, and at the facility itself.

(f) A permanent, weather-proof, facility identification sign shall be placed on the gate in the fence or wall around the equipment building, or if there is no fence or wall, next to the door to the equipment shed itself. Said sign shall identify the facility operator and specify a 24-hour telephone number at which the operator can be reached.

(9) Surety bond. As a condition of approval, an applicant for a building permit to erect or install a telecommunication facility shall be required to post a cash or surety bond in a form and amount acceptable to the City Attorney to cover removal costs of the facility in the event that its use is abandoned or the approval is otherwise terminated.

(F) Required findings.

(1) General findings. In approving a telecommunication facility, the Review Authority shall make the following findings:

(a) The proposed use conforms with the specific purposes of this section and any special standards applicable to the proposed facility;

(b) The applicant has made good faith and reasonable efforts to locate the proposed facility on a support structure other than a new ground-mounted antenna, monopole, or lattice tower or to accomplish co-location;

(c) The proposed site results in fewer or less severe environmental impacts than any feasible alternative site; and

(d) The proposed facility will not be readily visible or it is not feasible to incorporate additional measures that would make the facility not readily visible.

(2) Additional findings for facilities not co-located. To approve a telecommunication facility that is not co-located with other existing or proposed facilities, or a new ground-mounted antenna, monopole, or lattice tower, the Review Authority shall find that co-location or siting on an existing structure is not feasible because of technical, aesthetic, or legal consideration including that such siting:

• (a) Would have more significant adverse effects on views or other environmental considerations;

• (b) Is not permitted by the property-owner;

• (c) Would impair the quality of service to the existing facility; or

• (d) Would require existing facilities at the same location to go off-line for a significant period of time.

• (3) Additional findings for setback reductions. To approve a reduction in setback, the Review Authority shall make one or more of the following findings:

• (a) The facility will be co-located onto or clustered with an existing, legally established telecommunication facility; and/or

(b) The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.

(4) Additional findings for any other exception to standards. The Planning Commission may waive or modify requirements of this section upon finding that strict compliance would result in noncompliance with applicable federal

or state law.

(G) Vacation and removal of facilities.

(1) A carrier using facilities within the city shall provide the city with a copy of the notice to the FCC or California Public Utilities Commission of intent to cease operations at the time such notice is filed.

(2) The operator of a telecommunications facility shall remove all unused or abandoned equipment, antennas, poles, or towers within one year of discontinuation of the use and, if there are no active providers on the facility, the site shall be restored to its original, pre-construction condition.

(3) If the facilities are not removed within one year, or other period of time as determined in writing by the city, the city may have the facilities removed at the owner's or carrier's expense, provided, however, that recovery of expenses shall be limited to the reasonable and documented costs of removal.

(4) All costs incurred by the city to undertake any work required to be performed pursuant to this section shall be borne solely by the applicant.

(Ord. 4823, passed 1-22-24; Ord. 4831, passed 8-26-24; Ord. 4844, passed 4-28-25; Ord. 4848, passed 9-8-25)

This section establishes standards for certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur.

(A) Temporary uses not requiring a use permit. The following types of temporary uses may be conducted without a use permit. Other permits, such as building permits or business licenses, may be required.

(1) Yard/garage sales. Sales of personal property conducted by a resident of the premises with a maximum term of three consecutive days occurring no more than four times a year.

(2) Events in assembly venues. A permit shall not be required for events which occur in theaters, meeting halls or other permanent public assembly facilities.

(B) Temporary uses requiring a temporary use permit. Other temporary uses may be permitted pursuant to Chapter 23.35, subject to the following standards. Additional or more stringent requirements may be established through the temporary use permit process to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the city as a whole.

(1) Real estate sales offices. Real estate sales offices within approved development projects may be permitted in accordance with the following standards.

• (a) Time period.

1. The temporary real estate sales office shall be removed at the end of two years following the date of the recording of the final map of the subject subdivision in which the real estate sales office is located.

2. If any parcels within the subdivision have not been sold at the end of the original two-year period, the Director may approve extensions for the continuation of the real estate sales office.

(2) Seasonal sales. This division is only applicable to temporary seasonal sales that are not in conjunction with an existing business and are not applicable to farmers' markets. The annual sales of holiday related items such as Christmas trees, pumpkins and similar items may be permitted in accordance with the following standards.

(a) Time period.

1. Seasonal sales associated with holidays are allowed up to 30 days preceding and one week following the holiday. Christmas tree sales are allowed from Thanksgiving Day through December 31st.

2. The subject premises shall not be used for seasonal sales more than two times within the calendar year.

(b) All items for sale, as well as signs and temporary structures, shall be removed within ten days after the end of sales, and the appearance of the site shall be returned to its original state.

(c) The property shall not be used in such a manner as to create a nuisance due to noise, dust, litter, or other factors.

(d) The city reserves the right to shut down a temporary seasonal sales operation if the operation is posing safety concerns, has become a nuisance, or has violated any requirements of this section. All costs associated with the removal and/or abatement shall be paid for by the property owner.

• (e) A business license is required.

• (3) Circuses and carnivals. Circuses and carnivals in compliance with Chapter 5.80 of the Municipal Code.

(4) Special events and sales. Short-term special events and sales, including, but not limited to, grand opening events and special sales events, may be permitted in accordance with the following standards:

• (a) Temporary outdoor events.

1. Location. Events are limited to non-residential zones.

2. Number. No more than six events at one site shall be allowed within any 12-month period.

3. Duration. The maximum duration of a single event is four consecutive days with a minimum of 14 days between each event.

• (b) Temporary outdoor sales.

1. Location. Sales are limited to non-residential zones.

2. Number. No more than six temporary outdoor sales occurrences at one site shall be allowed within any 12month period.

3. Duration. The maximum duration of a single temporary outdoor sales occurrence is four consecutive days with a minimum of 14 days between each temporary outdoor sales occurrence.

4. Temporary outdoor sales shall be part of an existing business on the same site.

5. Outdoor display and sales areas shall be located on a paved or other approved hard surfaced area on the same lot as the structure(s) containing the business with which the temporary sale is associated.

6. Location of the displayed merchandise shall not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

(C) Temporary uses requiring a temporary use permit. Other similar temporary uses, special events, outdoor sales, and displays which, in the opinion of the Director, are compatible with the zone and surrounding land uses and are determined to not impact neighboring uses or otherwise create significant impacts, may be allowed with the approval of a temporary use permit.

(Ord. 4823, passed 1-22-24; Ord. 4844, passed 4-28-25; Ord. 4848, passed 4-28-25)