Chapter 22.40 — TRANSPORTATION DEMAND MANAGEMENT

The purpose of this chapter is to achieve the following:

(1)

Mitigate the impacts that new and expanding land uses may have on traffic congestion and air quality within the city and surrounding region;

(2)

Promote transportation demand management strategies that encourage employers to utilize both the existing and planned transportation infrastructure in an efficient manner through a variety of trip reduction techniques;

(3)

Specify responsibilities of applicants proposing nonresidential development within the city to consider transportation demand management strategies which incorporate design standards and other strategies that reduce single-occupant vehicle trips;

(4)

Require the implementation of strategies that reduce transportation demand through the city permit review process;

(5)

Support development of facilities that promote the use of alternative, energy-conserving transportation modes; and

(6)

Implement state law (Government Code § 65088, Congestion Management).

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.40.020. - Applicability.

Any new or expanded nonresidential development or change of use whose total square footage exceeds, or will exceed, the thresholds provided in section 22.40.030 (Transportation demand management program requirements) shall provide, as a minimum, all applicable transportation demand management and trip reduction measures in compliance with this chapter.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.40.030. - Transportation demand management program requirements.

All applicable projects shall prepare and implement a transportation demand management (TDM) program which will encourage increased ridesharing and the use of alternative transportation modes. A TDM program shall include all of the requirements of this section and may include the optional measures provided in section 22.40.040 (Miscellaneous optional measures).

(1)

Projects 25,000 square feet to 50,000 square feet. All nonresidential projects/uses of 25,000 square feet to 50,000 square feet shall provide a bulletin board, display case or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information displayed shall include the following:

a.

Current maps, routes and schedules for public transit routes serving the site;

b.

Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators;

c.

Ridesharing promotional material supplied by commuter-oriented organizations;

d.

Bicycle route and facility information, including regional/local, bicycle maps and bicycle safety information; and

e.

A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.

(2)

Projects 50,000 square feet and above. All nonresidential projects/uses of 50,000 square feet and more shall provide the measures outlined above in addition to the following:

a.

Carpool/vanpool preferential parking. At least ten percent of the employee parking spaces shall be designated for carpool vehicles by marking the spaces "Carpool Only." Carpool spaces shall be used only by carpool vehicles in which at least two of the persons are employees or tenants of the project. Spaces shall be located near the structure's employee entrance(s) or other preferential locations within the employee parking areas as approved by the director.

A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining preferential spaces shall be included on the required transportation information board.

For the purposes of this section, the percentages listed below shall be used to determine the number of employee parking spaces:

b.

Bicycle parking. A bicycle parking/storage area shall be provided for use by employees and tenants, located in a secure location in close proximity to employee entrances. The minimum number of bicycle parking spaces to be provided shall be three spaces for each 100 employees or fraction thereof. This requirement is in addition to bicycle parking requirements for the public as provided in chapter 22.30 (OffStreet Parking and Loading Standards).

c.

Pedestrian access. Sidewalks and other paved pathways shall be provided on-site to connect off-site external pedestrian circulation systems, for both existing and proposed development.

d.

Commuter matching service. Commuter matching services for ridesharing and carpooling shall be provided to all employees on an annual basis and all new employees upon hiring.

(3)

Projects 100,000 square feet and above. All nonresidential projects/uses of 100,000 square feet and more shall provide all of the measures outlined above in addition to the following:

a.

Carpool/vanpool loading zones. A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers shall be provided near employee entrances.

b.

Transit waiting shelters. Bus pullouts, bus pads and bus shelters may be required by the review authority for projects located along high traffic volume streets and established or proposed bus routes.

The city will consult with local bus service providers in determining appropriate improvements. Structure entrances shall be designed to provide safe and efficient access to nearby transit stations/stops.

c.

Joint access and shared parking. For applicable projects, as determined by the review authority, joint access and shared parking across multiple parcels may be required to implement the intent of this chapter.

(Ord. No. 02(1998), § 2, 11-3-98)

The following measures may be incorporated into a project in order to further implement the intent of this chapter:

(1)

Shower and locker facilities provided on-site for use by employees/tenants who commute to the site by bicycle/walking;

(2)

On-site day care facilities;

(3)

On-site lunchroom/cafeteria facilities; and

(4)

Telecommunication facilities available for shared use (e.g., teleconferencing, teleservices, or telecommuting).

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.40.050. - Monitoring.

(a)

Facilities required under this chapter shall be included in the building plans and submitted to the department.

(b)

Prior to the issuance of a certificate of occupancy, all requirements of this chapter shall be in place and operational.

(Ord. No. 02(1998), § 2, 11-3-98)

CHAPTER 22.42. - STANDARDS FOR SPECIFIC LAND USES

Sec. 22.42.010. - Purpose and applicability.

This chapter provides site planning and development standards for land uses that are allowed by article II (Zoning Districts and Allowable Land Uses).

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.42.020. - Adult-oriented businesses.

This section establishes standards for the location, development, and operation of adult entertainment business.

(1)

Purpose. It is the intent of this chapter to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods brought about by the concentration of adult-oriented businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches, and residentially zoned districts or uses. The council finds that it has been demonstrated in various communities that the concentration of adult-oriented businesses causes an increase in the number of transients in the area, and an increase in crime, and in

addition to the effects described above can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas.

(2)

Applicability. Adult-oriented businesses shall be allowed in the light industry zoning district, subject to the approval of an adult-oriented business permit subject to the supplemental provisions outlined in subsection (3) below.

(3)

Adult-oriented business permit application. In order to operate an adult-oriented business within this city, the applicant or proprietor of the business shall obtain an adult-oriented business permit. All applicants for a permit, in addition to any application or documents required to be filed in compliance with the provisions of this chapter, shall file a written, signed, and verified application on a form provided by the director evidencing the following:

a.

The name and permanent address of the applicant;

b.

The name and business address of the applicants. If the applicant is a corporation, the applicant shall provide the name of and the state of incorporation. The name shall be exactly as set forth in its articles of incorporation, and the applicant shall show the name and address of each of the officers, directors, and controlling stockholders owning no less that ten percent of the stock of the corporation. If the applicant is a partnership, the application shall show the name and address of each of the partners, including limited partners;

c.

Location and address of the proposed adult-oriented business;

d.

Legal description of the subject property;

e.

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

f.

Proposed hours of operation;

g.

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

h.

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

i.

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

(4)

Referral of application for investigation. The director shall refer the permit application to the sheriffs department for an investigation to be made of the information as contained on the application.

a.

After the sheriff department's investigation, the director shall approve the application within 20 days of the sheriffs completed investigation unless one or more of the following findings is true:

1.

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

2.

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

3.

That an applicant is under 18 years of age.

4.

That the proposed business is located outside the light industry zoning district or is not in compliance with the separation requirements of subsection (6) of this section.

b.

In the event that the information requested is not immediately available, (i.e. within ten working days), the sheriffs department shall—if the application otherwise meets the requirements of this chapter and the investigation conducted reveals none of the factors set forth in subsection a., above—issue a report thereon and the permit shall issue therefrom. Whereupon, the director, or designee thereof, shall issue the

permit. Should the information obtained materially vary from that on the application, the variance shall be cause to revoke the permit.

c.

The city's decision to grant or deny the permit shall not include information authorized or required to be kept confidential in compliance with Welfare and Institutions Code §§ 600 to 900.

(5)

Transfer of adult-oriented business permits.

a.

A permittee shall not operate an adult-oriented business under the authority of an adult-oriented business permit at any place other than the address of the adult-oriented business stated in the application for the permit.

b.

A permittee shall not transfer ownership or control of an adult-oriented business to another person unless and until the transferee obtains a new permit in compliance with subsection (3).

c.

No permit issued in compliance with this chapter shall be transferable.

d.

Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked.

(6)

Location/separation requirements. It is unlawful to cause or allow the establishment of an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater or adult theater within 500 feet of any other similar adult business, religious institution, school, public park or any property designated for residential use or used for residential purposes.

(7)

Design standards.

a.

No adult-oriented business shall be located in any temporary or portable structure.

b.

Trash dumpsters shall be enclosed by a screening enclosure and locked at all times so as not to be accessible to the public.

c.

No landscaping shall exceed 30 inches in height, except trees with foliage not less than six feet above the ground.

d.

All off-street parking areas and premises entries of the adult-oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one footcandle of light on parking surfaces and walkways. The lighting shall be shown on the site plan required by this chapter.

e.

The premises within which the adult-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on adjacent property, public rights-of-way or within any separate unit within the same building.

f.

The building entrance to the adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises.

g.

All indoor areas of the adult-oriented business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.

h.

All areas of the adult-oriented business shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level:

i.

The adult-oriented business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from

using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from adult-oriented material and adult-oriented merchandise. The foregoing provisions of this paragraph shall not apply to an adult-oriented business which: (i) is not required to and does not provide restroom facilities to patrons or the general public; and (ii) deals exclusively with sale or rental of adult-oriented material or adult-oriented merchandise which is not used or consumed on the premises. No restrooms shall contain television monitors or other motion picture or video projection, recording, or reproduction equipment.

j.

Adult arcades shall comply with the following additional requirements:

1.

The interior of the premises shall be configured in a manner that from a manager's station there is an unobstructed view of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. If the premises has two or more designated manager's stations then the interior shall be configured in a manner that from at least one of the manager's stations there is an unobstructed view of

each area of the premises to which any patron is permitted access for any purpose, excluding restrooms. The view required in this subparagraph shall be direct line of sight from the designated manager's station.

2.

The view specified in subparagraph 1. shall at all times remain unobstructed by doors, walls, merchandise, display racks, or other materials.

3.

The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times. The walls or partitions between viewing rooms or booths shall not contain holes between any two rooms or booths as would allow either:

(a)

Viewing from one room or booth into another; or

(b)

Physical contact of any kind between the occupants of any two rooms or booths.

k.

Adult cabarets and adult theaters, except for businesses regulated by the Alcoholic Beverage Control Commission, shall comply with the following additional requirements:

1.

Separate dressing room facilities for male and female entertainers, exclusively dedicated to the entertainers' use, shall be provided.

An entrance/exit for entertainers, separate from the entrance/exit used by patrons, shall be provided.

3.

Access between the stage and the entertainers' dressing room facilities, completely separated from the patrons, shall be provided. If separate access is not physically feasible, a minimum three-foot-wide walk aisle between the entertainers' dressing room facilities and the stage shall be provided. The walk aisle shall contain a railing, fence, or other barrier separating the patrons and the entertainers. The railing, fence, or other barrier shall be at least 30 inches in height and shall be sufficient to prevent any physical contact between patrons and entertainers.

(8)

Performance standards.

a.

No adult-oriented business shall be operated in a manner that permits the observation, from public rightsof-way or locations outside the establishment, of either: (i) adult-oriented material; (ii) adult-oriented merchandise; (iii) specified sexual activities; or (iv) any seminude person. This provision shall apply to any display, decoration, sign, show window or other opening.

b.

Exterior doors and windows of the adult-oriented business shall not be propped or kept open at any time while the business is open.

c.

Exterior windows of the adult-oriented business shall be covered with opaque covering at all times.

d.

Patrons shall not be permitted access to any area of the adult-oriented business which has been designated as an area in which patrons will not be permitted.

e.

No person under the age of 18 years shall be permitted within the adult-oriented business at any time.

f.

The adult-oriented business shall maintain a security system that visually monitors and records all off-street parking surfaces serving the business.

g.

Security guards shall be employed in order to maintain the public peace and safety, based upon the following standards:

1.

One security guard shall be on duty at all times while the business is open; provided, however, that an additional security guard shall be on duty if the occupancy limit of the premises is greater than 35 persons.

2.

The security guard(s) shall be: (i) certified by the State Commission on Peace Officer Standards and Training, (ii) currently employed, off-duty peace officer(s); and (iii) uniformed in a manner so as to be readily identifiable as a security guard by the public.

3.

The security guard(s) shall be charged with preventing violations of law, enforcing patron compliance with the requirements of this chapter, and with notifying the Los Angeles County Sheriffs Department of any violations of law observed.

4.

No security guard shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard.

h.

No owner or other person with managerial control over an adult-oriented business shall permit any person on the premises of the adult-oriented business to engage in a live showing of specified anatomical areas or specified sexual activities.

i.

Adult arcades shall comply with the following additional requirements:

1.

No viewing room or video booth may be occupied by more than one person at any one time.

2.

At least one employee shall be on duty and stationed at each manager's station at all times that a patron is present inside the premises.

3.

Customers, patrons or visitors shall not be allowed to loiter in either: (i) the vicinity of viewing rooms or booths; or (ii) the common area of the business.

4.

Signs prohibiting loitering shall be posted in prominent places in and near viewing rooms and booths.

The floors, seats, walls and other interior portions of viewing rooms and booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen, or saliva in any viewing rooms or booths shall be evidence of improper maintenance and inadequate sanitary controls.

j.

Adult cabarets and adult theaters, except for businesses regulated by the Alcoholic Beverage Control Commission, shall comply with the following additional requirements:

1.

No entertainer shall perform except upon a stage which is both: (i) at least 18 inches above the level of the floor; and (ii) separated by a distance of at least ten feet from the nearest area occupied by patrons.

2.

No patron shall be permitted within ten feet of the stage while the stage is occupied by an entertainer.

3.

No entertainer shall have physical contact with a patron before, during or after performances. This subparagraph shall only apply to physical contact on the premises of the business.

4.

No patron shall have physical contact with an entertainer before, during or after performances. This subparagraph shall only apply to physical contact on the premises of the business.

5.

No patron shall directly pay or give any gratuity to an entertainer.

6.

No entertainer shall solicit any gratuity from a patron.

k.

Gross receipts records.

1.

Maintenance. The owner of an adult-oriented business shall maintain complete records which can be segregated with regard to all transactions involving products, merchandise, services or entertainment which is characterized by an emphasis on specified sexual activities. Records shall be sufficient to establish the percentage of gross receipts of the business which is derived from these transactions. Records shall be maintained for at least three years after the end of the calendar year for which the records were created.

2.

Exemption. This section shall not be applicable to a adult-oriented business for which such transactions constitute less than 20 percent of the gross receipts of the business.

l.

Register and permit number of entertainers.

1.

Maintenance. Every owner of an adult cabaret and every owner of an adult theater shall maintain on the premises of the business a register of all entertainers who perform at the business. The register shall list each entertainer's legal name, stage name(s), and adult-oriented business entertainer permit number.

2.

Annual filing. Every owner of an adult cabaret and every owner of an adult theater shall annually file with the director a copy of the register of entertainers who perform at the business. The filing shall be accompanied by a statement, signed by the owner, that all of the information in the register is true and correct to the best of the owner's information and belief.

(9)

Employment of persons without permits. No permittee, owner, operator or other person in charge of an adult-oriented business shall allow any person to perform at the business unless the person is in possession of a valid adult-oriented business entertainer permit.

(10)

Display of permit. Every adult-oriented business shall display at all times during business hours the permit issued in compliance with the provisions of this chapter for the business. The permit shall be displayed in a conspicuous place so that it may be readily seen by all persons entering the adult-oriented business.

(11)

Inspections. The owner, operator, or other person in charge of an adult-oriented business shall allow city officers and their authorized representatives to conduct unscheduled inspections of the premises of the adult-oriented business for the purpose of ensuring compliance with the law at any time the adult-oriented business is open for business or is occupied.

(12)

Conditions. The requirements of this section shall be deemed conditions of adult-oriented business entertainer permit approvals. Failure to comply with every requirement shall be grounds for suspension or revocation of an adult-oriented business entertainer permit.

(13)

Adult-oriented business entertainer permit. It is unlawful for any person to perform at an adult-oriented business unless that person first obtains from the director, and continues to maintain in full force and effect,

an adult-oriented business entertainer permit. No person less than 18 years of age shall be eligible for an adult-oriented business entertainer permit.

a.

Application requirements. The following shall be submitted to the director at the time of application for an adult-oriented business entertainer permit:

1.

A completed application form signed by: (i) the applicant; and (ii) the owner of the adult-oriented business in which the applicant intends to perform.

2.

The applicant's legal name and any other names (including stage names and aliases) used by the applicant.

3.

Age, date, and place of birth.

4.

Height, weight, hair, and eye color.

5.

Present residence address and telephone number.

6.

Whether the applicant has ever been convicted of:

(a)

Any of the offenses established in California Penal Code §§ 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d) as those sections now exist or may hereafter be amended or renumbered.

(b)

The equivalent of any of the aforesaid offenses if committed outside the State of California.

7.

Whether a person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in another jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which the person was so licensed, registered, or authorized to engage in prostitution.

State driver's license or identification number.

9.

Satisfactory written evidence that the applicant is at least 18 years of age.

10.

The applicant's fingerprints on a form provided by the sheriffs department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant.

b.

Referral of application for investigation. The director shall refer the permit application to the sheriffs department for an investigation to be made of such information as is contained on the application.

1.

After the sheriffs department's investigation is completed, the director, within 20 days, shall approve the permit unless one or more of the following findings is true;

(a)

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

(b)

That an applicant is under 18 years of age.

2.

In the event that the information requested in compliance with this chapter is not immediately available, the sheriffs department shall—if the application otherwise meets the requirements of this chapter and the investigation conducted reveals none of the factors set forth in subsection 1. above—issue a report thereon and the permit shall issue therefrom. Whereupon, the director, or designee thereof, shall issue the permit. Should the information obtained in compliance with this chapter of this Code materially vary from that on the application, the variance shall be cause to revoke the permit.

3.

The city's decision to grant or deny the permit shall not include information authorized or required to be kept confidential in compliance with Welfare and Institutions Code §§ 600 to 900.

c.

Nontransferable.

No adult-oriented business entertainer permit shall authorize the permittee to perform at an adult-oriented business other than the business stated in the application for the permit.

2.

No adult-oriented business entertainer permit issued in compliance with this chapter shall be transferable.

3.

Any attempt to transfer an adult-oriented business entertainer permit is hereby declared invalid and the permit shall automatically become void effective the date of such attempted transfer.

d.

Display of permit. Every entertainer shall have his or her adult-oriented business entertainer permit available for inspection at all times during which the entertainer is on the premises of the adult-oriented business at which the entertainer performs.

(14)

Couch dancing/straddle dancing and other sexual activities prohibited.

a.

No person shall operate or cause to be operated an adult-oriented business, regardless of whether or not a permit has been issued under this Development Code, knowingly, or with reason to know, permitting, suffering, or allowing any employee:

1.

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

2.

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

3.

To intentionally touch any patron at an adult-oriented business while engaged or simulating a "specified sexual activity"; or

4.

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

b.

No employee of an adult-oriented business shall:

1.

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

2.

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

3.

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

c.

No person at any adult-oriented business, regardless of whether or not said business is permitted under this Development Code, shall intentionally touch an employee who is simulating a "specified sexual activity" at the adult-oriented business.

d.

No person at any adult-oriented business, regardless of whether or not said business is permitted under this Development Code, shall engage in a couch dance or straddle dance with an employee at the business who is simulating a "specified sexual activity."

e.

No employee of an adult-oriented business, regardless of whether or not a permit has been issued for said business under this section, shall engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of 2:00 a.m. and 9:00 a.m. of any particular day.

(15)

Establishment of an adult-oriented business. The establishment of an adult-oriented business shall include any of the following:

a.

The opening or commencement of operation of any adult-oriented business as a new business.

b.

The conversion of any existing business (whether or not an adult-oriented business) to any adult-oriented business.

c.

The addition of any adult-oriented business to any existing adult-oriented businesses if the addition results in enlargement of the place of business. For the purposes of this paragraph, enlargement shall mean an increase in the size of the building within which the business is conducted by either construction or use of an adjacent building or any portion thereof, whether located on the same or an adjacent lot or parcel of land.

(16)

Suspension or revocation of permits; grounds for suspension or revocation.

a.

The director shall suspend or revoke an adult-oriented business permit for the following causes:

1.

The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application, or in any report or record required to be filed with the city.

2.

The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the adultoriented business has knowingly failed to comply with any of the requirements of this section.

3.

The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the adultoriented business has knowingly allowed or permitted the occurrence of criminal activity on the premises of the adult-oriented business.

4.

The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the adultoriented business has committed a misdemeanor or felony in the conduct of the business.

5.

The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the adultoriented business has failed to abide by any disciplinary action previously imposed by an authorized city official.

6.

The approved use has been substantially enlarged without city approval.

b.

Procedures for revocation or modification of permits shall be as established by article V, chapter 22.76, Revocation and Modification.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. Ord. No. 07(2016), § 4, 11-1-16)

Sec. 22.42.030. - Animals as pets.

(a)

Household pets. Animals commonly considered as household pets may be kept as an accessory use of residential property, provided the animals are kept in a humane and sanitary manner and in compliance with the provisions of this section as follows: Not more than three dogs and three cats per household plus any unweaned litter from such pets not over six months old, and parrots, canaries, and other house birds of a similar nature. Fowl (other than house birds) are prohibited. In addition, the following types of animals may be kept as household pets: Rabbits, hamsters, guinea pigs, rats, mice, turtles, salamanders, newts, chameleons, not more than three nonpoisonous reptiles not over six feet long, any nonpoisonous toad, lizard, or spider, and other animals of a similar nature as may be determined by the director.

(b)

Animal permit may be required. The keeping of animals other than those normally considered to be household pets, or in greater numbers or on smaller parcels than allowed by this section, shall require the approval of an animal permit in compliance with section 22.44.020 (Authority for land use and zoning decisions). An animal permit may only be issued in compliance with the following:

(1)

Horses. The keeping of horses is allowed on parcels greater than 15,000 square feet. One horse may be kept for each 5,000 square feet of parcel area to a maximum of four horses. Offspring that increase the total number upon the premises beyond the number permitted shall be removed from the premises no later than six months after birth, subject to compliance with the following standards:

a.

Horses shall not be kept within 40 feet of any habitable structure.

b.

Any building used to house horses (i.e. barns, stables) shall be located in the rear yard behind the residence on the lot and shall maintain side yard setbacks in accordance with article II, section 22.08.040 and a rear yard setback of a minimum of ten feet.

c.

Other structures used to enclose horses including corrals, paddocks, and similar enclosures may be located in rear yards five feet from side and rear property lines, provided the 40-foot distance from habitable structures is maintained.

d.

All structures housing horses shall be maintained free from litter, garbage, and the accumulation of weeds or manure. Premises shall be maintained in a neat and sanitary manner. All horse raising shall comply with public health laws regarding proper care of animals and removal of waste.

(2)

Nonissuance of animal permit. An animal permit shall not be granted if the review authority determines that the area proposed for the animal(s) to be kept is insufficient for the size/type of animal.

(c)

Conditional use permit. The keeping of more than four horses shall require approval of a conditional use permit in compliance with chapter 22.58.

(d)

Dangerous or offensive animals. No person shall keep, maintain, or have in their possession on any property owned or controlled by them any household pet(s) or any other animal(s) in a manner, number or kind so as to cause damage or hazard to persons or property in the vicinity or to generate offensive dust, noise, or odor.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.42.035. - Computer services/network gaming centers.

(a)

Standards for computer services/network gaming centers. The following standards shall apply:

(1)

Conditional use permit required. Permit processing for computer services/network gaming centers shall be subject to the following:

a.

Shall provide at least one full-time adult attendant or supervisor, 21 years of age or older for each 20 machines plus one security guard for each 20 machines; (Additional attendants and/or security surveillance or guards may be required if it is deemed necessary by the Los Angeles County Sheriff's Department or the planning commission.)

b.

Computers shall be available for use only between 10:00 a.m. and 12:00 midnight on Sunday through Thursday; and between 10:00 a.m. and 2:00 a.m. on Friday and Saturday;

c.

Minors (under 18 years of age) shall not enter a computer services/network gaming center after 10:00 p.m. unless accompanied by a parent or guardian.

d.

Hours of operation shall be posted in a conspicuous place;

e.

A business license shall be obtained, prior to the issuance of certificate of occupancy, if required by the city or the County of Los Angeles;

f.

Shall provide a waiting area with seating equal to one seat for every four computer stations; and no waiting list shall be maintained beyond the seating capacity of the waiting area;

g.

There shall be no loitering around any computer services/network gaming center; business owner shall be responsible for posting "No Loitering" and curfew signs in front of the business;

h.

Each computer services/network gaming center shall provide at least one toilet and lavatory facility accessible to customers and employees;

i.

Shall provide one parking space for every 35 square feet of gross floor area devoted to computer stations;

j.

Shall provide one parking space for every seat in the waiting area;

k.

Shall provide bicycle parking adjacent to the premises;

l.

Floor plan shall be designed in a manner that places the attendant or supervisor on duty in a position to see all computer screens;

m.

Business unit windows and glass doors shall remain unobstructed at all times; all entrances and interior areas shall be adequately lighted, and a lighting plan shall be reviewed and approved by the city prior to commencement of business;

n.

Entrance doors shall be equipped with an automatic self-closing system;

o.

Alcohol consumption shall be prohibited;

p.

Accessing adult-oriented internet sites shall be prohibited unless the business has an adult business permit; business owner shall provide filters for the computer network to prevent user(s) from accessing adult websites;

q.

Walls separating the computer services/network gaming center from adjoining uses shall comply with the sound transmission code rating of at least 45 or employ other noise attenuating devices as approved by the city; and

r.

A computer services/network gaming center shall not be operated in a detrimental manner (i.e. loitering, creating excessive noise, etc.) to adjoining businesses and the community.

Procedures for revocation or modification of the conditional use permit shall be as established by Article V, Chapter 22.76, Revocations and Modifications.

(2)

Amortization. All computer services/network gaming center businesses in existence on the date of adoption of Ordinance No. 06(2002) shall be in full compliance with the provisions of section 22.42.035 within six months from the effective date of the ordinance.

(Ord. No. 06(2002), § 3, 5-7-02)

Sec. 22.42.040. - Child day care facilities.

This section establishes standards for the city review of child day care facilities, in compliance with state law and in a manner that recognizes the needs of day care operators and at the same time minimizes the effects on surrounding properties. These standards apply in addition to the other applicable provisions of this Development Code and requirements imposed by the California Department of Social Services through its facility licensing procedures. Licensing by the Department of Social Services is required for child day care facilities.

(1)

Standards for family day care homes. The following standards shall apply:

a.

Accessory use. In accordance with state law, the use of a home as a family day care home shall be considered a permitted accessory use of residential property and shall not require a city business license, use permit or zoning clearance. All site planning, development, and sign standards of the underlying zoning district shall apply, and use of residential property as a family day care home shall not fundamentally alter the nature of the underlying residential use.

b.

Compliance with state laws. All family day care homes shall comply with all applicable state laws, regulations, and rules governing family day care homes.

c.

Fire department standards. Family day care homes shall comply with all applicable standards established by the state fire marshal, including, without limitation, standards for such facilities to contain fire extinguishers, smoke detector devices, carbon monoxide detectors, and required exits.

(2)

Standards for child day care centers. The following standards shall apply:

a.

Conditional use permit required.

b.

Fire department standards. Child day care centers shall comply with all applicable standards established by the State Fire Marshal, including, without limitation, standards for such facilities to contain fire extinguishers, smoke detector devices, carbon monoxide detectors, and required exits.

c.

Noise. In order to protect adjacent residential dwellings from noise impacts, a facility within any residential zoning district may only operate up to 14 hours for each day between the hours of 6:00 a.m. and 8:00 p.m. and may only conduct outdoor activities between the hours of 7:00 a.m. and 7:00 p.m. Additionally, the facility shall be in full compliance with chapter 22.28 (noise control) for the subject zoning district.

d.

Fence or wall. A six-foot high solid decorative fence or wall shall be constructed on all property lines, except in the front yard or within a traffic safety sight area. Fences or walls shall provide for safety with controlled points of entry in compliance with chapter 22.20 (fences, walls, and hedges).

e.

Indoor play areas. The facility shall be provided with indoor play areas in compliance with state requirements. Separate and clearly defined play and activity areas shall be provided for each age group, including infant, toddler, preschool and school age children.

f.

Outdoor play lot. An outdoor play lot of at least 75 square feet of useable area for each child, but not less than 450 square feet in area exclusive of the required front yard setback, shall be provided. The outdoor play lot shall be located in the rear yard. Stationary play equipment shall not be located in front and side yards.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 03(2021), § 3, 12-7-21)