§ 19.60

A.

Purpose. This Chapter provides locational, site planning, developmental, and/or operational standards for certain land uses that are allowed by Article 2 (Zones, Allowable Uses, and Development Standards) within individual or multiple zones, and for activities that require special standards to mitigate their potential adverse impacts.

B.

Applicable standards. The land uses and activities covered by this Chapter shall comply with the provisions of each Section applicable to the specific use, in addition to all other applicable provisions of this Development Code.

1.

Planning permit requirements. When allowed, each use shall be located only where allowed by Article 2 (Zones, Allowable Uses, and Development Standards) and authorized by the planning permit/ authorization specified by Article 2.

2.

Development standards. The standards for specific uses in this Chapter supplement and are required in addition to all other applicable provisions of this Development Code (e.g., Articles 2 and 3, etc.).

a.

The land use tables in Article 2 (Zones, Allowable Uses, and Development Standards) and the specific characteristics of the use, as defined in Article 9 (Definitions), determine when the standards of this Chapter apply to a specific land use.

b.

In the event of any conflict between the requirements of this Chapter and those of Article 2 (Zones, Allowable Uses, and Development Standards) or Article 3 (Regulations Applicable to All Zones), the requirements of this Chapter shall control or the matter may be determined by the Director in compliance with the interpretation process specified in Chapter 19.04 (Interpretation of the Development Code).

A.

Purpose. This Section provides locational, developmental, and/or operational standards for accessory uses, as defined in Article 9 (Definitions).

B.

Applicability. Unless more specific standards are presented elsewhere within this Article for unique accessory uses the provisions in this Section shall apply to accessory uses as defined in Article 9 and where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards).

C.

Accessory use standards in nonresidential zones. This Subsection provides standards for accessory uses (e.g., retail sales and service uses, office uses, etc.) that are accessory to a primary commercial, industrial, or institutional use, where allowed by Article 2 (Zones, Allowable Uses, and Development Standards).

1.

General standard. There shall be limited external evidence of any accessory uses (e.g., for industrial zones, no windows with merchandise visible from adjoining streets, etc.), and limited access to any space used for the accessory office, retail, or service use other than from within the primary structure.

2.

Review and approval requirements. Accessory uses may require a Conditional Use Permit, Minor Use Permit, or Zoning Clearance in compliance with Article 2 (Zones, Allowable Uses, and Development Standards) and Chapters 19.114 (Conditional Use Permits and Minor Use Permits) and 19.128 (Zoning Clearances), this Article, or as established in any specific plan.

19.60.030 - Alcoholic beverage sales businesses.

A.

Purpose. This Section provides locational guidelines and operational standards for the sale of alcoholic beverages (e.g., subject to a State-issued Alcoholic Beverage Control, or ABC, license), either on-sale or off-sale.

B.

Applicability. The provisions in this Section shall apply to the sale of alcoholic beverages where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards) and the following standards.

C.

Nonconforming ABC licenses. All premises where an ABC license for the sale of alcoholic beverages exists which does not comply with the provisions of this Section, but which is legally in existence on the effective date of the adoption of this Section, shall, upon the effective date of this Section, acquire the status of a legally nonconforming license and shall be allowed to remain in existence subject to the provisions of this Section, but shall not thereafter be structurally modified or expanded, in compliance with Article 6 (Nonconformities). Any legally nonconforming ABC license in violation of its Conditional Use Permit shall be subject to revocation procedures of Chapter 19.152 (Permit Modifications and Revocations).

D.

Operational standards and guidelines for distancing. This Section establishes operational standards for defined establishments involved in the sale of alcoholic beverages. A Conditional Use Permit for an ABC license generally may be granted for these establishments; provided, that the requisite findings specified in Chapter 19.114 can be made.

1.

Sit-down restaurants.

a.

Sit-down restaurants, defined as an indoor area which is regularly, and in a bona fide manner, used and kept open for the serving of at least lunch or dinner guests for compensation, and which has suitable kitchen facilities connected to the restaurant containing conveniences for cooking an assortment of foods which may be required for the meals.

b.

The lounge area(s) for the exclusive serving of alcoholic beverages shall not constitute more than 20 percent of the total aggregate area of the sit-down restaurant.

2.

Supermarkets, drug stores, and other similar establishments.

a.

Supermarkets, drug stores, and other similar food-related uses over 2,500 square feet in size and which do not devote more than 10 percent of their floor area to the display, sale, and storage of alcoholic beverages.

b.

These establishments shall not sell alcoholic beverages at drive-up window(s).

3.

Convenience stores and retail stores engaged in the sale of vehicle fuels.

a.

Convenience stores and retail stores engaged in the sale of vehicle fuels which contain over 750 square feet in gross indoor/enclosed retail floor area may offer beer and wine, and not distilled spirits, for sale for off-site consumption.

b.

These stores shall not devote more than 10 percent of their floor area to the display, sale, and storage of alcoholic beverages.

4.

Places of assembly. Places of assembly, where admittance is limited to members and guests invited by members, and where the sale of alcoholic beverages is clearly incidental to other activities conducted on the premises.

5.

Theaters and concert halls which satisfy the following requirements.

a.

The establishment has permanently affixed seats which are arranged to provide all spectators with a direct and unobstructed view of the stage upon which live theatrical or musical performances are given.

b.

The sale of alcoholic beverages is clearly incidental to the performances.

6.

Florist shops and similar gift establishments. Florist shops and similar establishments selling floral or edible gifts may offer the sale of up to three bottles of alcoholic beverage together with a floral arrangement or edible gift.

7.

Wholesale off-sale licenses. Wholesale off-sale ABC licenses.

8.

Mixed use projects. Mixed use projects, as that term is defined in Article 9 (Definitions), containing any combination of residential, office/commercial, recreational/commercial, retail/commercial, or research and development/industrial types of land uses, integrally mixed either horizontally in one development project, or vertically in one structure(s).

9.

Other businesses or establishments. Except for the above types of establishments in compliance with the required operational standards, other types of commercial establishments could generally be granted a Conditional Use Permit for an ABC license, if they first meet the specified findings as well as the following distance separation guidelines.

It is recommended that no ABC licensed activity should be located within 1,000 feet of any other alcoholic beverage on-sale or off-sale establishment or located within 200 feet of any property zoned exclusively for residential purposes. The distance between any structure subject to an ABC license and another structure with an ABC license or any property zoned exclusively for residential purposes shall be measured in a straight line, without regard to intervening structures, from the closest property line of the structure subject to the ABC license to the closest property line of another structure with an ABC license or the property line of the property zoned exclusively for residential purposes.

The inability of the review authority to find that the establishment meets the distancing guidelines may be grounds for denial of a Conditional Use Permit for an ABC license.

A.

Purpose. This Section provides locational, developmental, and operational standards for outdoor charitable donation boxes.

B.

Applicability. The provisions in this Section shall apply to outdoor charitable donation boxes as defined in Article 9 and where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards) and the following standards.

C.

City standards. Outdoor charitable donation boxes shall comply with all of the following locational, developmental, and operational standards:

1.

No more than one donation box shall be allowed on a single site or shopping center;

2.

The donation box shall be secured against theft or unauthorized removal;

3.

The party responsible for the donation box shall ensure that the box and surrounding site are properly maintained and that donated materials do not fall, spill, or accumulate outside of the box. If the party responsible for the donation box fails to provide the required maintenance, the property owner shall be responsible for all of the maintenance specified in this Subparagraph; and

4.

The party responsible for the donation box shall ensure that the box is removed and the site is cleared of any evidence of its previous setup when the box is no longer needed or has been inactive for 60 days. If the party responsible for the donation box fails to provide the required removal and clean-up, the property owner shall be responsible for the removal and clean-up specified in this Subparagraph.

A.

Purpose. This Section provides locational and operational guidelines for retail trade or service uses providing drive-through and drive-up facilities to ensure that the facilities are designed and operated to effectively mitigate problems of congestion, excessive pavement, litter, noise, pedestrian safety, traffic, and unsightliness.

B.

Applicability. The provisions in this Section shall apply to drive-through and drive-up facilities as defined in Article 9 and where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards) and the following City guidelines.

C.

Inwardly focused. Drive-through aisles should be inwardly focused within the site and located away from adjoining streets and adjoining properties, wherever feasible.

D.

Pedestrian walkways. Pedestrian walkways (including ADA access areas) should not intersect the drivethrough access aisles, but where they do they shall have clear visibility and be emphasized by enhanced paving or markings.

E.

No reduction in off-street parking. The provision of drive-through and drive-up service facilities shall not justify a reduction in the number of required off-street parking spaces.

F.

Accommodation of waiting vehicles.

1.

Drive-through access aisles should provide sufficient space before the menu board to accommodate at least five waiting vehicles and at least five waiting vehicles between the menu board and the drive-up service window.

Drive-through lanes shall be designed separately from drive-through access aisles and shall avoid the blocking of parking stalls or pedestrian access.

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Figure 4-1. Accommodation of Drive-through Vehicles

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G.

Menu and preview boards. Menu and preview boards may only be installed in compliance with all of the following requirements.

1.

Approval of a menu and preview board shall be subject to the approval of a Sign Plan or Comprehensive Sign Program in compliance with Chapter 19.42 before installation of any signs on the subject site.

2.

As practical, visibility of outdoor menu and preview boards should be minimized from any adjoining street(s). Additional landscape areas or shrub plantings may be required to provide proper screening.

3.

Any proposed carhop and/or walk-up menu boards shall not exceed four square feet in area and shall be located in areas generally defined through the required Conditional Use Permit process in compliance with Chapter 19.114.

H.

Noise. Amplification equipment (e.g., speakers at menu boards, piped music, etc.) shall be located so as not to adversely impact adjoining uses and shall be operated in compliance with Section 19.50.080 (Noise and Vibration).

I.

Prevention of headlight glare. Each drive-through aisle should be appropriately screened with a combination of landscaping, low walls, and/or berms maintained at a minimum height of three feet to prevent headlight glare from impacting adjacent streets, adjoining properties, and parking lots.

J.

Wall required when adjoining residential uses. A minimum six-foot-high solid decorative masonry wall shall be constructed on each property line that adjoins a parcel zoned for and/or developed with a residential use. The design of the wall and the proposed construction materials shall be subject to review and approval through the Site Plan and Design Review process. A minimum five-foot-deep landscaping strip shall be provided between the wall and any driveway.

A.

Purpose. This Section provides locational, developmental, and operational standards for fueling service stations.

B.

Applicability. The provisions in this Section shall apply to fueling service stations as defined in Article 9 and where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards) and the following standards.

C.

City standards. Fueling service stations shall comply with all of the following locational, developmental, and operational standards:

1.

The minimum structure setback from street property lines shall be 40 feet, unless otherwise approved by the Commission for a reverse designed fueling service station (where rear of structure is placed adjacent to the street property line(s)).

2.

The minimum structure setback from other property lines shall be 10 feet.

3.

The maximum standard width of driveways at the sidewalk shall be 30 feet.

The centerline of driveways shall be perpendicular to the curbline.

5.

The minimum distance from any driveway to any interior property line shall be five feet, and the minimum return shall be 20 feet from full height curb.

6.

The minimum distance between curbcuts shall be 30 feet.

7.

Parking shall comply with the design, parking ratio, and size requirements specified in Chapter 19.38 (OffStreet Parking Regulations and Design), but accessory uses associated with the fueling service station shall be parked as follows:

a.

Accessory uses (e.g., car-wash and/or mini-market) may be allowed subject to meeting off-street parking standards for each accessory use.

b.

Notwithstanding subparagraph a., above, a mini-market with no greater than 750 square feet of net retail floor area shall be considered a part of the fueling service station, and not require any additional off-street parking.

c.

The total number of off-street parking spaces shall be the sum total required for the various uses computed separately.

8.

All pump or fuel dispensing islands shall be set back a minimum of 15 feet from the closest property line.

9.

The maximum number of pumps or individual fuel dispensing appliances shall be as follows:

a.

Site size of 12,000 square feet or less shall be limited to eight pumps or individual fuel dispensing appliances.

b.

Two pumps or individual fuel dispensing appliances may be added for each additional 2,000 square feet of site area.

10.

A solid decorative masonry wall of minimum six feet high, and five-foot wide landscape buffer, should be erected along all property lines separating the site from any parcel zoned for residential purposes, and along all alley property lines if the property opposite is zoned for residential purposes. The design of the wall and the proposed construction materials shall be subject to review and approval through the Site Plan and Design Review process.

11.

No parking on the premises other than for those persons attending to business on the site and the vehicles of employees.

19.60.070 - Home occupations.

A.

Purpose. This Section provides locational, developmental, and operational standards for the conduct of home occupations.

B.

Applicability. The provisions in this Section shall apply to home occupations as defined in Article 9 and where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards) and the following standards. A home occupation shall only be allowed as an accessory use on a parcel with a legal residential dwelling unit.

C.

Business license required. The operator of the home occupation shall procure a City Business License issued in compliance with Municipal Code Section 5.04.020 (License Required).

D.

Compliance required. All home occupations shall comply with the applicable locational, developmental, and operational standards identified in this Section.

E.

City standards. Each home occupation shall comply with all of the following standards.

1.

Only the permanent resident(s) of the subject dwelling shall be employed on the premises in the conduct of a home occupation.

There shall be no exterior use or storage of material or mechanical equipment, as determined by the Director, to be for the home occupation use as well as not for normal household or hobby use.

3.

The home occupation shall not involve the use of structures other than those allowed in the subject residential zone.

4.

There shall be no signs on the residential site associated with the home occupation.

5.

Not more than one room or the equivalent of 20 percent of the floor area of the entire dwelling unit, whichever is greater, shall be employed for the home occupation, except for residential day care uses as that term is defined in Article 9 and allowed in compliance with Section 19.16.100. Use of the garage is allowed only when all required vehicle storage and garage parking is maintained in compliance with this Development Code, and the garage doors shall remain closed at all times, except when the vehicle is entering or exiting the garage.

6.

The appearance of the dwelling or any accessory structure shall not be altered so that the dwelling may be reasonably recognized as serving a nonresidential use (either by color, construction, dust, lighting, materials, noise, odors, sounds, vibrations, etc. or that disturbs the peace). The existence of a home occupation shall not be apparent beyond the boundaries of the subject site.

7.

There shall be no use of utilities or community facilities beyond that normal to the reasonable use of the property for residential purposes as defined in the zone.

8.

Visitor limit.

a.

A home occupation may not generate the number of visitors (e.g., pedestrian and/or vehicular traffic) beyond that considered normal within the surrounding residential neighborhood. A home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential usage, except for FedEx, UPS, or USPS-type home deliveries/pick-ups.

b.

This provision shall not be construed to limit the business transacted by the operator of the home occupation solely by means of the Internet, mail, or telephone, or similar means of communications, or while away from the site of the home occupation.

9.

Visitation and deliveries incidental to the home occupation shall be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday and 8:00 a.m. to 6:00 p.m., on Saturdays and Sundays.

10.

Only one vehicle, owned or leased by the operator of the home occupation, not to exceed one-ton rated carrying capacity (manufacturer's specifications) may be used by the occupant(s) directly or indirectly in connection with a home occupation and parked at the residence.

11.

For rental property, the property owner or property management's written authorization for the proposed use shall be obtained and submitted with the application for a Business License.

12.

All pre-existing home occupations shall conform to all applicable Development Code requirements upon renewal of the annual Business License.

A.

Purpose. This Section provides locational and operational standards for the keeping of horses owned by the occupants of the residential property.

B.

Applicability. The provisions in this Section shall apply to the keeping of horses as defined in Article 9 and where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards).

C.

City standards.

1.

A minimum parcel size of 20,000 square feet is required for the keeping of any horses.

2.

The maximum number of horses allowed shall be in compliance with the following square footage requirements specified in Table 4-1.

TABLE 4-1 MAXIMUM NUMBER OF HORSES ALLOWED

Note:

(1) For the purpose of meeting the square footage requirements, the square footage of contiguous parcels may not be combined.

3.

A corral shall be provided which shall have a minimum dimension of not less than 12 feet and shall contain not less than 240 square feet of area for each horse.

4.

A box stall shall be provided for each horse and shall have minimum dimensions of 12 feet by 12 feet.

5.

The following fencing requirements shall be met:

a.

Materials and construction.

(1)

Fencing may be constructed of chain link, masonry, metal, or wood, equivalent in structural strength to the use and employment of two-inch by six-inch wood railings installed horizontally and spaced vertically, 18 inches on center. When chain link fencing is used, it should be obscured from view at the public right-ofway by landscaping or compatible means.

(2)

For use in conjunction with stud stalls, the railings, which are to be installed horizontally, shall be spaced vertically, 12 inches on center.

b.

Fence posts.

(1)

Fence posts may be constructed of concrete, metal, or wood, equivalent in structural strength to four-inch by six-inch wood posts installed vertically and spaced horizontally, six feet on center.

(2)

For use in conjunction with stud stalls, the posts, which are to be installed vertically, shall be spaced horizontally, four feet on center.

c.

Fence height.

(1)

Fences provided for enclosures shall be maintained not less than five feet in height.

(2)

For use in conjunction with stud stalls, the fence shall be maintained not less than six feet in height.

6.

In conjunction with corrals, a roofed area shall be provided having minimum dimensions of not less than eight feet in width and 12 feet in length.

7.

Running, potable water facilities shall be provided to each corral and/or stall, and the facilities shall be maintained accessible to the horses to be served at all times.

8.

The following maintenance requirements shall be met.

a.

All corrals and stalls shall be continuously maintained in order to prevent physical deterioration.

b.

No person shall keep or allow any manure to remain within 50 feet of any door or window of any inhabited structure or within 100 feet of any structure or place on another parcel where food products are kept, manufactured, stored, or served to the public.

c.

Every person owning or occupying premises where horse manure accumulates shall provide for the removal of the manure daily, and all storage of manure pending its removal shall be in tightly closed containers.

d.

Any person keeping horses shall fully comply with all applicable ordinances and regulations of the Los Angeles County Health Department.

9.

Substantial and acceptable locking and/or latching devices shall be provided and installed on all doors and gates to horse areas in order to be inaccessible to the horses or small children, so as to prevent horse escape and unauthorized entry.

10.

Feeding facilities and/or boxes shall be provided in each corral and/or the box stall be located in a manner so as to be maintained above ground, and the facilities shall be maintained accessible to the horses to be served.

11.

Storage of hay and grain.

a.

The storage of hay shall take place on a Portland cement concrete slab floor or stored not less than 18 inches above ground.

b.

The storage of hay shall not exceed a height above ground level greater than 12 feet and shall be located at least five feet from any property line.

c.

The storage of grain shall be confined to wildlife-proof (i.e., bears, rodents, etc.) containers only.

d.

All structures utilized for the storage of hay shall be subject to the approval of the Director as to safety and architectural aesthetic design.

12.

All areas located adjacent to any barn, coop, corral, grazing, pen, stable, stall, or training or workout areas, or other structures and areas where horses are kept and maintained, shall be graded to drain away from the facilities to prevent ponding and insect harborage on the subject property and on adjoining properties.

13.

All areas used as arenas for exercising or training of horses shall be continuously maintained in a dust-free manner at all times by dampening with an approved sprinkler system or other acceptable means for the prevention of detrimental and nuisance effects of dust emission to surrounding properties.

No barn, corral, pen, or stable shall be maintained within 50 feet of any dwelling or other structure used for human habitation, or within 35 feet of any property line, or within the front setback area of a single-family dwelling.

15.

Horses may only be kept on a parcel containing the approved square footage on which there exists an inhabited single-family dwelling, and/or on a vacant parcel; provided, the person keeping the horse(s) lives contiguous to the vacant parcel and complies with all applicable standards.

A.

Purpose. This Section provides locational, developmental, and operational standards for internet and cyber cafés and game arcades.

B.

Applicability. The provisions in this Section shall apply to internet and cyber cafés and game arcades as defined in Article 9 and where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards) and the following standards.

C.

City locational, developmental, and operational standards. The following standards shall apply to internet and cyber cafés and game arcades.

1.

No internet or cyber cafés or game arcade use shall be established or maintained within a 500-foot radius, as measured from the property line, of any park, school, other internet café/arcade, or a public playground.

2.

Adult-oriented business activities and/or uses are prohibited, unless specifically approved in compliance with the requirements of Chapter 19.62 (Adult Business Uses).

3.

Internet site blocking, for the purposes of restricting adult sites, shall be required.

4.

Internet and cyber cafés and game arcades shall provide full-time adult attendants or supervisors, 21 years of age or older, at a ratio of at least one attendant/supervisor for each 10 machines, plus one security guard for each 20 machines or fraction thereof or as otherwise directed by the Director.

5.

Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m., Sunday through Thursday, and 8:00 a.m. to 12:00 a.m. midnight, Friday and Saturday, unless alternative hours are specifically approved through the Conditional Use Permit process. These hours of operation shall be posted in a conspicuous place to the satisfaction of the Director.

6.

A person shall not enter, be, or remain in any part of an internet and cyber café or game arcade while in the possession of, consuming, using, or under the influence of any alcoholic beverage or drug.

a.

No licensee or manager shall permit any person in possession of, consuming, using, or under the influence of any alcoholic beverage or drug to enter or remain on the premises.

b.

Signs shall be posted stating this condition to the satisfaction of the Director.

7.

Minors shall be accompanied by a parent or legal guardian after 10:00 p.m. and may not enter the facility during those times that the Duarte Unified School District is conducting its regular education program. Patrons who appear under the age of 25 shall present proper identification to verify their age before using the facility. Notice of these prohibitions shall be posted at the entrance to the satisfaction of the Director.

8.

Adequate lighting shall be maintained inside the business and parking areas. An interior and exterior lighting plan shall be reviewed and approved by the Director before occupancy.

9.

No window(s) shall be obstructed, tinted, or otherwise covered during business hours.

10.

Establishments with internet access consisting of 25 percent or more of the gross floor area shall provide a waiting area with seating equal to one seat for every four computer stations.

a.

No waiting list may be maintained beyond the seating capacity of the waiting area.

b.

No outside waiting (loitering) or seating area shall be allowed and signs shall be posted stating this prohibition to the satisfaction of the Director.

11.

The applicant shall submit and receive an approved plan from the Los Angeles County Fire Department.

a.

The plan shall address all exiting requirements of the Uniform Building and Fire Codes.

b.

This includes, but is not limited to, aisle locations and dimensions, equipment location, exiting, and panic hardware.

12.

A security plan shall be subject to the review and approval of the Director of Public Safety.

13.

Security measures may include, but are not limited to additional security guards, background investigations of the business applicants, and surveillance video equipment.

14.

To minimize noise issues, all computers shall utilize headphones with no external speakers allowed.

19.60.100 - Large and small family child day care facilities.

A.

Purpose. This Section provides standards for the location, development, and operation of large and small family child day care homes in compliance with State law.

B.

Child day care—Large family.

1.

Purpose. This Subsection provides standards for the location, development, and operation of large family child day care homes for nine to 14 children in compliance with State law.

2.

Applicability. The provisions in this Subsection shall apply to large family child day care homes, as defined by current State law, which shall be allowed in all residential zones in compliance with Article 2 (Zones, Allowable Uses, and Development Standards) and the following standards.

3.

State and other regulatory requirements. These standards shall apply in addition to requirements imposed by the California Department of Social Services and other regulatory agencies (e.g., Fire Department).

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

a.

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

b.

Large family child day care home permit required.

(1)

Review of permit—Director. A Large Family Child Day Care Home Permit shall be reviewed and either approved or denied by the Director in compliance with the provisions of Health and Safety Code Section 1597.46(a)(3) and this Section.

(2)

Approval of permit. The permit may be approved only if the large family child day care home complies with Health and Safety Code Section 1597.46(d), this Section, all applicable City ordinances, and any regulations adopted by the State Fire Marshall.

c.

Care provider's residence. The large family child day care home shall be the primary residence of the care provider, and the use shall be clearly residential in character and shall be incidental and accessory to the use of the property as a residence.

d.

Fences or walls required.

(1)

A six-foot-high solid decorative fence or masonry wall shall be constructed and properly maintained along all property lines or around the area where outdoor care is provided (as deemed appropriate by the Director), except in the front setback area or within a corner cutoff intersection area, in compliance with the requirements of Chapter 19.36 (Fences, Walls, and Hedges).

(2)

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

e.

Play area and equipment. Outdoor play area(s), including all stationary play equipment, shall be located in the rear area of the parcel.

f.

Separation.

(1)

A large family child day care home proposed within a residential zone shall not be located within a 300-foot radius of another large family child day care home, other day care facility, or group home facility, disregarding the corporate boundary of the City.

(2)

The Director may allow more than one large family child day care home within 300 feet of any another like facility specified in Subparagraph (1), above, if the applicant first demonstrates one of the following to the satisfaction of the Director:

(a)

Any existing large family child day care home located within 300 feet is at capacity; or

(b)

The need exists for a particular or unique service not provided by an existing like facility specified in Subparagraph (1), above, located within 300 feet of a proposed large family child day care home.

g.

Drop-off/pick-up areas, and use of garages.

(1)

A minimum of two off-street parking spaces shall be provided as a drop-off and pick-up area. The spaces shall be in addition to those required for the dwelling unit in compliance with Chapter 19.38 (Off-Street Parking Regulations and Design). A driveway may be used to provide the spaces; provided, the City Traffic Engineer approves the arrangement based on traffic and pedestrian safety considerations.

(2)

A passenger loading plan shall be required to minimize noise and parking issues to the maximum extent possible.

(3)

Additional off-street parking may be required by the Director to minimize impacts on adjacent parcels.

(4)

A facility located on a through street classified as a collector or arterial street shall provide a drop-off and pick-up area that does not require backing into the street.

(5)

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

h.

Noise. In order to protect adjacent residential dwellings from noise impacts, a large family child day care home located within a residential zone may only operate a maximum of 17 hours each day between the hours of 6:00 a.m. and 11:00 p.m. and may only conduct outdoor activities between the hours of 7:00 a.m. and 9:00 p.m.

i.

No exterior evidence. There shall be no exterior evidence and/or signage identifying the large family child day care home.

j.

Inspection required.

(1)

Before commencing operation of a large family child day care home, the City Building Inspector shall conduct an inspection of the premise on which the large family child day care home is to be operated to ensure that there is no unpermitted building, electrical, and/or mechanical improvements to the property.

(2)

The property owner shall obtain and final all required Building Permits for all unpermitted construction on the premises before commencing the on-site operation of a large family day care home.

k.

Issuance of large family day care home permit. The Director shall issue the Large Family Day Care Home Permit before the operation of the large family child day care home begins, once the operator has demonstrated compliance with Health and Safety Code Section 1597.46(d), this Section, all applicable City ordinances, and any regulations adopted by the State Fire Marshall.

C.

Child day care—Small family.

1.

Purpose. This Subsection provides provisions for the location and operation of small family child day care homes for eight or fewer children in compliance with State law.

2.

Applicability. The provisions in this Subsection shall apply to small family child day care homes, as defined by current State law, where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards) and the following standards.

3.

State requirements.

a.

These provisions shall apply in addition to requirements imposed by the California Department of Social Services.

b.

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

4.

Permitted by right. As required by State law (Health and Safety Code Section 1597.30 et seq. [Family Day Care Homes]), small family child day care homes (eight or fewer children) shall be considered a residential use of property and shall be an allowed use, permitted by right, within a residence located in a residential zone with no City land use permits required.

19.60.110 - Late night and/or twenty-four hour uses.

A.

Intent and purpose. The City recognizes the need for certain businesses to operate under extended hours, but seeks to balance concern for such activity when located proximate to other uses sensitive to noise, lighting, glare or similar activities during late night hours. Therefore, the following regulations have been determined to be necessary in order to protect the public health, safety, welfare, and quality of life in the City;

B.

Applicability.

1.

Late night hours shall be defined as any nonresidential activity that occurs between the hours of 12:00 a.m. (midnight) and 6:00 a.m.

2.

The provisions in this Section shall apply when any commercial or industrial use regularly maintains business hours open to the public and/or vendors during late night hours, or when any nonresidential use routinely has shifts of ten or more employees on-site during late night hours.

C.

Late night use standards.

1.

Any commercial use open to the public during late night hours, as defined in Subsection B above, for which the property is located within 300 feet of a legal residential use or zone shall require a Conditional Use Permit, unless a determination by the Director is made that the nature of said use does not warrant a CUP.

2.

Any industrial use open to the public or vendors or operating employee shifts where 10 or more employees are present on-site during late night hours, as defined in Subsection B above, for which the property is located within 300 feet of a legal residential use or zone shall require a Conditional Use Permit.

A.

Purpose. This Section provides locational and developmental standards for massage establishments.

B.

Applicability. The provisions in this Section shall apply to massage establishments, including accessory massage uses, as defined in Article 9 and where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards), Chapter 5.56 of the Duarte Municipal Code.

C.

City standards. Massage establishments shall comply with all of the following locational and developmental standards:

1.

Any massage establishment shall contain a minimum of 1,200 square feet of gross owned or leased floor area;

2.

There shall be a reception and front desk waiting area within the massage establishment, which shall be accessed directly through the front door of the premises and shall be used as a reception and waiting area for customers who are awaiting massage services.

a.

The reception/front desk area shall be no less than 200 square feet of the massage establishment floor area.

b.

The reception/front desk area shall be located at the front/side (corner) portions of the building and must be comprised of no less than 75 percent windows, as measured in area as a percentage of the total width and height of the front/side (corner) storefront elevations and as subject to the City's site plan and design review process.

c.

The reception/front desk area shall be unobscured from view through the front and/or side (corner) windows through the use of curtains, drapes, louvers, shading devices, window tinting, furniture, displays or other methods that reduce visibility to where a reasonable person may not see into the establishment from the exterior of the premises.

3.

Lighting at all massage establishments must be designed to illuminate both all off-street parking areas and all entries and exits serving any massage business and/or establishment, subject to Planning Division approval of a lighting and illumination plan and subject to such additional requirements as may be imposed under Chapter 19.50.070 of the Duarte Municipal Code.

(Ord. No. 857, § 1, 4-28-2015)

A.

Purpose. This Section provides locational, developmental, and operational standards for outdoor dining area(s) located on private property as an accessory use to a legally established restaurant. Any request for deviation from these standards shall require the approval of a Conditional Use Permit in compliance with Chapter 19.114.

B.

Applicability. The provisions in this Section shall apply to outdoor dining where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards) and the following standards.

C.

City locational, developmental, and operational standards. The following standards shall apply to outdoor dining.

1.

Location requirements. Patron tables and other outdoor dining area components shall be located on the same site as the other facilities of the restaurant.

2.

Sizes of outdoor dining areas and related permit requirements. Outdoor dining area(s) shall comply with the following size and related permit requirements:

a.

Outdoor dining areas—Limited. Containing up to 800 square feet of gross floor area: Site Plan and Design Review by the Director shall be required in compliance with Chapter 19.122.

b.

Outdoor dining areas—General. Containing over 800 square feet of gross floor area: Conditional Use Permit and Site Plan and Design Review by the Director shall be required in compliance with Chapters 19.114 and 19.122.

3.

Alcoholic beverage sales. A restaurant that proposes to serve alcoholic beverages within an outdoor dining area shall comply with the standards established by the State Department of Alcoholic Beverage Control (ABC). The dining area shall be:

a.

Accessible from inside the restaurant only, unless the Director waives or modifies this requirement in circumstances where this is not feasible or practical;

b.

Physically defined and clearly a part of the restaurant it serves; and

c.

Supervised by a restaurant employee(s) to ensure compliance with laws regarding the on-site consumption of alcoholic beverages.

4.

Awnings. All awnings installed within an outdoor dining area(s) shall comply with the roof covering standards of the City's Building Code. In addition to an awning, outdoor dining area(s) on private property may use flexible, transparent plastic to enclose the sides and front of the outdoor dining area during the official Los Angeles County rainy season from October 15 through April 15. These plastic enclosures should be removed on days without rainfall and at a minimum shall be removed from April 16 through October 14.

5.

Landscaping. All outdoor dining areas shall include appropriate landscaping. A landscape plan for the outdoor dining area(s) may include the use of planter boxes and permanent vegetation and shall comply with Chapter 19.40 (Landscaping).

6.

Operating requirements.

a.

Barriers. Appropriate barriers shall be placed between outdoor dining areas and parking, pedestrian and vehicular circulation areas. The design, construction, and placement of the barriers shall be subject to the prior approval of the Director. Barriers shall serve only to define the areas and shall not constitute a permanent all-weather enclosure.

b.

Clean-up facilities and maintenance. Outdoor dining areas shall:

(1)

Be continually cleaned by the removal of litter and food items which constitute a nuisance to public health, safety, and welfare; and

(2)

Contain waste receptacles for use by the public and restaurant employees.

c.

Outdoor cooking. Cooking within an outdoor dining area is prohibited, unless authorized by a Conditional Use Permit approved in compliance with Chapter 19.114.

d.

Parking. When the outdoor seating area exceeds 50 percent of the gross interior floor area, 1 parking space for each 200 square feet of floor area exceeding the 50 percent interior floor area shall be provided. Otherwise, no additional parking shall be required for outdoor dining area(s). Additionally, parking shall be calculated, designed, installed, and maintained in compliance with Chapter 19.38 (Off-Street Parking Regulations and Design).

e.

Placement of tables. Tables shall be placed only in the locations shown on the approved site plan.

7.

Design compatibility. The following standards are intended to ensure compatibility with surrounding uses and a high standard of design quality.

a.

Outdoor dining areas and associated physical elements, awnings, barriers, covers, furniture, umbrellas, or other physical elements that are visible from the public rights-of-way shall be compatible with one another and with the overall character and design of the primary structure(s).

b.

The use of awnings, plants, umbrellas, and other human-scale elements is encouraged to enhance the pedestrian experience.

c.

Consideration shall be given in the design of outdoor dining areas to ensure that the potential for conflict or resulting nuisances are minimized for residential uses located within 200 feet.

d.

Consideration shall be given to the relationship of proposed outdoor dining areas to hospitals, places of religious assembly, and public schools. Proper design and construction measures should be applied to eliminate potential impacts related to glare, light, loitering, noise, odor, and smoke.

e.

Pedestrian and vehicular traffic flow shall not be obstructed, nor shall existing pedestrian or vehicular movement areas be removed.

f.

A minimum setback of five feet from adjoining property lines or parking lots shall be provided.

A.

Purpose. This Section provides locational, developmental, and operational guidelines for permanent areas for outdoor display/sale of merchandise.

B.

Applicability. The provisions in this Section shall apply to permanent areas for outdoor display/sale of merchandise as defined in Article 9 and where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards) and the following guidelines.

C.

City locational, developmental, and operational guidelines.

1.

Height of displayed materials. The outdoor display/sale of merchandise should not exceed a height deemed to be acceptable and aesthetically pleasing by the Director.

2.

Location of displays. Outdoor display/sale area(s) should be located entirely on private property. They should not encroach into required setbacks. In zones where no setback is required, the outdoor area(s) should be set back a minimum of 10 feet from adjoining property line(s), unless otherwise allowed through the approval of a Conditional Use Permit, in compliance with Chapter 19.114.

3.

Location of merchandise. Displayed merchandise should occupy a fixed, specifically approved, and defined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces, area(s) required for ingress and egress to the parking area(s), or ADA and pedestrian walkways. Displays should not obstruct traffic safety sight areas or otherwise create hazards for pedestrian or vehicle traffic.

4.

Operating hours. The outdoor display/sale of merchandise should only be allowed during regular hours of operation.

5.

Signs. Signs associated with permanent outdoor displays should be limited to pricing or description tags with no additional advertising allowed. Further, the overall size for pricing/description tags shall not exceed one square foot for each tag, and only one tag allowed for each type of item.

A.

Purpose. This Section provides locational, developmental, and operational standards for places of religious assembly.

B.

Applicability. The provisions in this Section shall apply to places of religious assembly as defined in Article 9 and where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards) and the following standards.

C.

City locational, developmental, and operational standards. Except as specified in this Section, the premises on which a place of religious assembly use is located shall comply with the regulations and restrictions applicable to the zone in which it is located.

1.

Parcel size and location.

a.

The minimum parcel size for a place of religious assembly shall be 40,000 square feet.

b.

A place of religious assembly use shall have frontage on a site with a minimum of two separate access points to secondary or larger roadways, as designated in the General Plan.

c.

Properties on which an existing place of religious assembly has continuously operated, and was legally established prior to 2010 that does not meet the property size standard in Subsection a. above shall be exempt from the requirements in Subsection a. and Subsection b. above.

2.

Overconcentration. A place of religious assembly use shall not be located within a 300-foot radius of another existing place of religious assembly use, disregarding the corporate boundary of the City, unless the applicable review authority grants an exception. The review authority, in granting an exception, shall first find that the proposed concentration will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of the proposed place of religious assembly use.

(Ord. No. 881, § 4, 6-26-2018)

A.

Purpose. This Section provides locational, developmental, and operational standards for various types of recycling facilities (e.g., reverse vending machine(s) and small collection facilities).

B.

Applicability. The provisions in this Section shall apply to recycling facilities as defined in Article 9 and where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards) and the following standards.

C.

City locational, developmental, and operational standards.

1.

Reverse vending machine(s). Reverse vending machine(s) intended solely for recycling purposes shall be allowed in compliance with all of the following standards. Vending machines for merchandise and other self-services are addressed in Section 19.60.180 (Vending Machines - Outdoor).

a.

The machines shall be installed as an accessory use in compliance with the applicable provisions of this Development Code and shall not require additional parking.

b.

If located inside the primary structure, the machines shall be within 30 feet of the entrance and shall not obstruct pedestrian circulation.

c.

If located outside the primary structure, the number of machines shall be limited to a maximum of two, shall not occupy required parking spaces, shall be constructed of durable waterproof and rustproof material(s), and shall be placed in a manner that is properly designed and constructed in terms of architectural treatment and security from vandalism, subject to the approval of the Director.

d.

The machines shall not exceed a floor or ground area of 50 square feet for each installation, including any protective enclosure, nor eight feet in height.

e.

The machines shall have a maximum sign area of four square feet for each machine, exclusive of operating instructions.

f.

The machines shall have operating hours which are consistent with the operating hours of the primary use.

g.

The area in front of the machines shall be illuminated to ensure comfortable and safe operation, if operating hours are between dusk and dawn.

2.

Small collection facilities. Small collection facilities shall be allowed in compliance with all of the following standards.

a.

The facility shall not exceed a floor or ground area of 350 square feet nor three parking spaces, not including space that would be periodically needed for the removal of materials or exchange of containers.

b.

The facility shall not use power-driven processing equipment, except for reverse vending machines. The Director may allow an exception to this processing equipment limitation through the Minor Use Permit process in compliance with Chapter 19.114.

c.

The facility shall not be located within 100 feet of any parcel zoned or occupied for residential use. The Director may modify this location limitation through the Minor Use Permit process in compliance with Chapter 19.114.

d.

The facility shall be set back at least 10 feet from any public right-of-way, and not obstruct vehicular or pedestrian circulation.

e.

The facility shall accept only glass, metal, or plastic containers, which have a CRV value, and other household beverage containers (i.e., plastic milk containers, wine bottles, etc.).

f.

All recycled items shall be stored within a fully enclosed structure which is designed and constructed to ensure against unauthorized removal of the items. The structure and containers within the structure shall be of a capacity sufficient to accommodate the items collected and the collection schedule. Outdoor storage of recycled items shall be prohibited.

g.

The fully enclosed structure, the collection containers, and site fencing shall be of a color and design that would be compatible and harmonious with the character of their location, subject to the review and approval of the Director. Landscaping and other appropriate screening may be required on a case-by-case basis as a condition to the required Minor Use Permit approval.

h.

Signs may only be provided as follows:

(1)

Recycling facilities may have identification signs with a maximum area of 15 percent for each side of the structure or 12 square feet, whichever is greater.

(2)

Signs shall be both compatible and harmonious with the character of their location and in compliance with Chapter 19.42 (Signs).

(3)

Directional signs without advertising messages may be installed with the approval of the Director.

i.

Additional parking spaces shall not be required for customers of a small collection facility located in the established parking lot of the primary use.

j.

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present. The mobile recycling units shall only be parked within the marked area.

k.

Use of parking spaces by the patrons and the attendant shall not reduce available parking spaces below the minimum number required for the primary use.

A.

Purpose. The purpose of this section is to comply with Government Code Sections 65852.2 and 65852.22 and recent amendments thereto, which allow the City to enact certain standards for the development of accessory dwelling units and junior accessory dwelling units in residential zones within the City. It is also the purpose of this section to ensure the availability of affordable housing for family members, students, and the elderly, among others, in the City while mitigating impacts to traffic, utilities, public health and safety and preserving the character of residential neighborhoods.

B.

Applicability. The provisions in this section shall apply as defined below and where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards) and as permitted within this section.

Accessory Dwelling Unit. Accessory dwelling unit (also "ADU," "second unit," or "granny unit") shall mean an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include a kitchen, a ¾ or full bath, and permanent provisions for living, sleeping, eating, cooking, sanitation, and storage on the same parcel where the primary single-family or multi-family residence is situated. An accessory dwelling unit also includes an "efficiency unit" as defined in Health and Safety Code Section 17958.1 and a "manufactured home" as defined in Health and Safety Code Section 18007.

Attached ADU shall mean a new ADU is constructed as a physical expansion (i.e., addition) to the primary dwelling and is attached to the single-family dwelling or multifamily dwelling unit by one or more common walls.

Converted ADU shall mean an ADU created within the interior of an Existing Structure that occupies part or all of the floor area of the existing structure. A converted ADU does not include an ADU that would: (a) increase the height of an existing structure; (b) require removal of more than 50 cubic yards as part of the excavation of an existing structure; or (c) increase the total floor area of the existing structure by more than 150 square feet beyond its existing physical dimensions for the purpose of accommodating ingress and egress.

Detached ADU shall mean a new ADU that is located on the property such that the unit does not share any walls with the single-family dwelling or multi-family dwelling unit, and the distance between the nearest point of any portion of the ADU and the single-family dwelling or multifamily dwelling unit is a minimum of six feet.

Junior Accessory Dwelling Unit (also known as "junior ADU" or "JADU") shall mean a unit that is between 150 and 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

ADU Kitchen shall mean a sanitary' cooking, food preparation, and storage area of the ADU that includes the following:

1.

A cooking facility with permanent utility connections to electrical and/or gas-powered appliances;

2.

A food preparation area that includes a sink, garbage disposal, and countertop;

3.

A cabinet storage area that is of a reasonable size in relation to the size of the ADU.

Accessory Dwelling Unit (ADU) Agreement means a legally binding agreement between a property owner and the City which sets forth those provisions necessary to ensure fulfillment of the requirements of this Division.

C.

Location and zoning requirements. An accessory dwelling unit may be located only on residentially zoned lots.

1.

One detached, attached, or converted ADU may be constructed on a single-family residential lot.

2.

One JADU may be constructed on a single-family residential lot zoned to allow residential use.

3.

One JADU and one detached or converted ADU may be constructed on a single-family residential lot where the JADU and ADU meet the requirements in Government Code Section 65852.2(e).

4.

Up to two detached ADUs may be constructed on a multi-family lot where the detached ADUs meet the requirements in Government Code Section 65852.2(e)

5.

Converted ADUs may be built in multi-family residential dwellings, but the number of converted ADUs is limited to up to 25 percent of the total number of multi-family residential units where the converted ADUs meet the requirements in Government Code Section 65852.2(e); however a minimum of one ADU shall be permitted. Converted ADUs in multifamily zoned lots shall be limited to the portions of the dwellings that are non-living space.

Any ADU/JADU legally created shall be governed by the zoning regulations in effect at the time of approval.

D.

ADUs/JADU restrictions. All ADU/JADUs shall be subject to the following restrictions:

1.

The development and use of the ADU/JADUs shall only be valid and permitted based on the terms established in this Section.

2.

A deed restriction shall be required for all ADUs/JADUs. Prior to obtaining a building permit for an ADU/JADU, a deed restriction shall be approved by the Community Development Director or his/her designee and the City Attorney, which shall include the restrictions and limitations identified in this Paragraph, along with specific information about the subject property and the project. Prior to the issuance of the certificate of occupancy or granting final inspection for the construction of the project, the applicant shall record the deed restriction with the County Recorder's Office and provide a copy of the final recorded deed restriction with the Community Development Department, stating that, among others:

a.

An ADU/JADU deed restriction shall run with the land and shall be binding upon any successor in ownership of the property.

b.

The ADU/JADU shall not be sold separately from the primary residence, except as permitted by Government Code 65852.26, or as the section may be amended from time to time.

c.

If the ADU/JADU is rented, it shall not be rented for a period of less than 30 consecutive days.

d.

Owner-occupancy is required for parcels with a JADU, consistent with Paragraph G of this Section.

e.

Owner-occupancy for all ADU/JADUs shall be required after January 1, 2025.

f.

The ADU/JADU shall be restricted to the total floor area approved at the time of building permit issuance. Any owner wishing to incorporate the total floor area of the ADU/JADU back into the primary Dwelling Unit must request termination of the ADU/JADU use under this Section, satisfying all zoning and development standards such as setbacks, floor area, lot coverage, and parking.

g.

A second unit may not have utility services separate from those of the main residential structure on the same property.

h.

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.

E.

Review process for ADUs and JADUs.

1.

Permit review and timelines. The Community Development Department Director or his/her designee shall ministerially review and approve an ADU/JADU permit application and shall not require a public hearing, provided that the submitted application is complete and demonstrates that the ADU/JADU complies with the requirements contained in this section. Where an ADU/JADU permit application is submitted with an application for a single-family dwelling that is subject to design review under Chapter 19.122 of the Duarte Development Code, the ADU/JADU permit application will be considered separately without discretionary review or a public hearing.

a.

ADU/JADU permit applications subject to ministerial approval shall be processed within the timelines established by California Government Code Section 65852.2.

b.

In addition to obtaining an ADU/JADU permit, the applicant shall be required to obtain a building permit, tree removal permit, if applicable, and other applicable construction permit requirements prior to the construction of the ADU/JADU.

F.

ADU development standards. ADUs shall comply with the following development standards:

1.

Studio and one bedroom ADUs shall not exceed 850 square feet of total floor area. ADUs with more than one bedroom shall not exceed 1,000 square feet of total floor area. In no case shall the ADU be less than 150 square feet.

2.

An attached ADU shall not exceed 50 percent of the total floor area of the existing primary dwelling on the subject lot, however this requirement shall not reduce the maximum allowable size to less than 800 square feet of total floor area.

3.

An attached ADU shall not exceed the height and/or number of stories of the existing primary dwelling unit, except for an attached single-story ADU which can be built to a height of 25 feet.

4.

A detached ADU shall be limited to a maximum height of 18 feet and one story in height. Two story detached ADUs that include heights above 18 feet are allowed for existing or proposed detached garages where the first floor garage is maintained as off-street parking for two or more vehicles, and the second floor ADU is equal to or less than the footprint of the first floor garage itself.

5.

The maximum lot coverage for the underlying zone may be exceeded to accommodate the construction of ADUs equal to or less than 800 square feet in total floor area. For ADUs greater than 800 square feet in total floor area, the Duarte Development Code requirements related to lot coverage, minimum landscape area, maximum hardscape area, and all other local development standards apply.

6.

An ADU shall be in similar in the building materials, color, style, massing, and form of the primary residence. Architectural details including, but limited to, wall modulation, windows, roof pitch and lines, eaves, fascia boards, and trim shall match the primary residence on the property, provided that no ADU shall include any second story balcony or similar open space on the second story.

7.

Exterior lighting shall be shielded or directed so that it does not glare off-site or illuminate the primary residence or any adjacent property, where feasible.

8.

An ADU shall have a separate exterior access. The exterior access shall be a standard exterior door and shall be located in a manner that will preserve, to the greatest extent feasible, the privacy of the primary residence and any adjoining residences and, to the greatest extent feasible, shall not be visible from the street. Access from the exterior access point of the ADU to the street are encouraged to be provided on a decorative paved pathway.

9.

Any common wall separating an attached ADU from the primary dwelling unit and/or main building shall be soundproofed. Details of the proposed means of soundproofing shall be submitted with plans for construction.

10.

When an ADU is attached to or converted within a primary dwelling that is required to have fire sprinklers, then the ADU shall also install fire sprinklers.

New detached ADUs shall install rooftop solar panels as required by the Building Code.

12.

In addition to the off-street parking space(s) required for the primary residence, one off-street parking space shall be provided for each ADU, except when:

a.

The ADU is located within one-half mile walking distance of Public Transit. For purposes of this Chapter, "public transit" has the same meaning as in Government Code section 65852.2(j)(10).

b.

The ADU is entirely or partially within a proposed or existing primary dwelling or other existing structure.

c.

The ADU is located within a historic district.

d.

On-street parking permits are required but not offered to the occupant of the ADU.

e.

There is a City-approved and dedicated parking space for a car share vehicle located within one block of the ADU.

13.

When the ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of covered parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU. If the ADU is removed from use, the single-family or multifamily dwelling unit shall be required to comply with parking standards established in Chapter 19.38 of the Duarte Development Code as well as all other development standards applicable to the zoning district.

14.

Required parking space(s) shall be a minimum of 20 feet in length. The required parking spaces for the ADU may be uncovered. For single-family residential properties, the only allowable driveways leading to required parking spaces shall be paved in Portland cement concrete.

G.

JADU development standards. Junior accessory dwelling units shall comply with the following:

The owner of a parcel proposed for a JADU shall occupy as a principal residence either the single-family dwelling unit or the JADU. The JADU shall be considered to be in compliance with this Code only so long as the owner occupies either the single-family dwelling unit or the JADU.

2.

Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

3.

The JADU shall be a minimum of 150 square feet and a maximum of 500 square feet of total floor area. The floor area of a shared sanitation facility shall not be included in the total floor area of the JADU.

4.

One JADU may be constructed on a lot zoned for single-family residential use, where there is a singlefamily dwelling unit existing or proposed to be built on the lot. The JADU must be contained entirely within the walls of the existing or proposed single-family dwelling unit.

5.

The JADU shall include an efficiency kitchen meeting the requirements of Government Code Section 65852.22.

6.

Any common wall separating the JADU from the primary dwelling unit and/or main building shall be soundproofed. Details of the proposed means of soundproofing shall be submitted with plans for construction.

7.

A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU.

8.

A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.

9.

A JADU may not be connected to a detached ADU.

10.

Any exterior improvements associated with the development of a JADU shall conform to zoning regulations and any existing land use entitlements on the property.

No additional parking is required for a JADU, unless the JADU is created from the conversion of existing, attached garage space. In this case, replacement off-street garage parking is required.

H.

Termination of permit and use for ADUs and.JADUs.

1.

In his or her sole discretion, the Community Development Director may grant an owner's request to terminate an ADU/JADU permit and deed restriction. The Community Development Director shall consider the length of time such permit has been in force, the conditions of approval, the exceptions granted for the permit.

2.

As a condition of termination, the Community Development Director shall require the owner to make modifications to the property to comply with: (1) current building code requirements; and (2) current development standards in effect at the time the request is made to terminate the use of the ADU or JADU, including but not limited to, setbacks, heights, and parking. The owner shall apply for a building permit to make such modifications as required by the City's building and fire codes.

3.

In no case shall the ADU or JADU permit be terminated, if the proposed termination would require a variance to exceed the allowable lot coverage of the single-family dwelling unit.

4.

Where a request is to terminate an ADU that was created from the conversion or demolition of a garage, carport, or covered parking structure, the garage, carport, or covered parking structure must be converted back to off-street parking.

I.

Violations and enforcement.

1.

Violations and enforcement for units described in the subsection shall be in compliance with Chapter 19.154 of the Duarte Development Code.

(Ord. No. 874, § 2(Exh. A), 4-11-2017; Ord. No. 904, § 1(Exh. A), 7-27-2021; Ord. No. 916, § 5, 4-25-2023)

19.60.165 - Tobacco shops.

A.

Purpose. This Section provides concentration, separation, spacing and distance, and operational standards for tobacco shops in the City of Duarte in order to maintain the City's character, the diversity and vitality of

the community's commercial areas, and the quality of life of Duarte residents.

B.

Applicability. The provisions in this Section shall apply to tobacco shops where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards) and the standards set forth in this Section.

C.

Nonconforming Tobacco Shops. Tobacco shops that do not comply with the concentration, separation, spacing and distance requirements set forth in Section 19.60.165.E.1—4, but which were legally in existence on the date this Section was adopted, shall, upon the effective date of this Section, acquire the status of a legally nonconforming use and shall be allowed to remain in existence subject to the provisions of this Section and Article 6 (Nonconformities) of this Code. The Director of Community Development shall create and maintain a list of the tobacco shops that were legally in existence on the date this Section was adopted. Notwithstanding the foregoing, nonconforming use status does not authorize noncompliance with the operational requirements set forth in Section 19.60.165.E.5—8, the Business License requirements set forth in Chapters 5.04 and 5.08 of the Duarte Municipal Code, and the Tobacco Retailer License requirements set forth in Chapter 5.09 of the Duarte Municipal Code.

D.

[Minor Use Permit Required.] No person shall cause or permit the creation, operation, or intensification of any of any tobacco shop use without first obtaining and maintaining a minor use permit pursuant to Chapter 19.114 (Conditional Use Permits and Minor Use Permits).

E.

City Standards. Each tobacco shop shall comply with the all of the following standards:

1.

A tobacco shop shall not be located within 600 feet of any parcel of land that contains any one or more of the following land uses:

a.

Another tobacco shop;

b.

A private or public preschool, kindergarten, elementary, middle, or high school;

c.

A library open to the public;

d.

A youth center; and

e.

A public playground/plaza/park/recreation area.

2.

The maximum number of tobacco shops within the City of Duarte shall not exceed one tobacco shop for every 3,500 inhabitants of the City.

3.

For the purposes of this subsection, the total number of inhabitants of the City shall be determined by the most current published data available from the U.S. Census Bureau or the California State Department of Finance, whichever has been more recently updated, as of the date the application is filed.

4.

The distance between any structure subject to a tobacco shop use and any other structure with a tobacco shop use or sensitive use set forth in Section 19.60.165.E.1.a—e shall be measured in a straight line, without regard to intervening structures, from the closest property line of the structure subject to the tobacco shop use to the closest property line of the other structure with a tobacco shop or sensitive use.

5.

A tobacco shop located in a building sharing one or more common walls or sharing common attic space with another retail or commercial establishment shall not allow tobacco product use on the premises in a manner that interferes with any other establishment's use or enjoyment of the premises.

6.

Tobacco products and tobacco paraphernalia shall be kept and displayed in a secure and locked enclosure, which can only be accessed with the assistance of a clerk. Self-service displays of tobacco products and tobacco paraphernalia are prohibited.

7.

Tobacco products, tobacco paraphernalia, electronic cigarettes and vaping devices, and electronic cigarette and vaping accessories shall not be visible through storefront windows.

8.

The area dedicated for the sale of tobacco paraphernalia shall not exceed five percent of gross floor area.

F.

Sale of Drug Paraphernalia. Tobacco retailers should be aware that the sale of "drug paraphernalia" (as that term is defined in Health and Safety Code Section 11364.5(d)) is regulated by the California Uniform Controlled Substances Act (specifically, Health and Safety Code Sections 11364 to 11376.5), as amended from time to time.

G.

Revocation of a Business and/or Tobacco Retailer License. In addition to any other penalty authorized by law or the Duarte Municipal Code, the business license and/or tobacco retailer license of any business that violates any provision of this Section, the California Uniform Controlled Substances Act (including without limitation Health and Safety Code Sections 11364 to 11376.5), as amended from time to time, or any other local, State or Federal law or regulation may be revoked pursuant to the procedure set forth in Sections 5.04.250 and 5.09.120 of the Duarte Municipal Code.

(Ord. No. 852, § 3, 8-26-2014)

19.60.167 - Accessory retail sales of tobacco products, electronic cigarette and vaping devices, electronic cigarette and vaping accessories, and tobacco paraphernalia.

A.

Purpose. This Section provides operational standards for land uses associated with the accessory retail sale of tobacco products, electronic cigarette and vaping devices, electronic cigarette and vaping accessories, and tobacco paraphernalia in the City of Duarte in order to maintain the City's character, the diversity and vitality of the community's commercial areas, and the quality of life of Duarte residents.

B.

Applicability. The provisions in this Section shall apply to the accessory retails sale of tobacco products, electronic cigarette and vaping devices, electronic cigarette and vaping accessories, and tobacco paraphernalia where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards) and the standards set forth in this Section.

C.

City Standards. Accessory retail sales of tobacco products, electronic cigarette and vaping devices, electronic cigarette and vaping accessories, and tobacco paraphernalia (collectively, "accessory products") shall comply with all of the following standards:

1.

The sale of accessory products shall be an accessory use (i.e., not the primary use) of the establishment.

2.

The primary use must be permitted or conditionally permitted in the zone in which the establishment is located.

3.

Accessory products shall be located within an enclosed business establishment.

4.

Accessory products shall be kept and displayed in a secure and locked enclosure, which can only be accessed with the assistance of a clerk. Self-service displays of accessory products are prohibited.

5.

Accessory products shall not be visible from the public right-of-way and internal sidewalks or areas accessible to the public.

6.

The area dedicated for accessory products shall not exceed five percent of the gross floor area.

7.

Any permitted sign, including but not limited to wall sign(s), monument identification signs, and other signage authorized pursuant to Chapter 19.42 of this Code, shall identify the business using the name associated with its primary use.

D.

Sale of Drug Paraphernalia. Tobacco retailers should be aware that the sale of "drug paraphernalia" (as that term is defined in Health and Safety Code Section 11364.5(d)) is regulated by the California Uniform Controlled Substances Act (specifically Health and Safety Code Sections 11364 to 11376.5), as amended from time to time.

E.

Revocation of a Business and/or Tobacco Retailer License. In addition to any other penalty authorized by law or the Duarte Municipal Code, the business license and/or tobacco retailer license of any business that violates any provision of this Section, the California Uniform Controlled Substances Act (including without limitation Health and Safety Code Sections 11364 to 11376.5), as amended from time to time, or any other local, State or Federal law or regulation may be revoked pursuant to the procedure set forth in Sections 5.04.250 and 5.09.120 of the Duarte Municipal Code.

(Ord. No. 852, § 4, 8-26-2014)

19.60.170 - Vehicle repair facilities—General and limited.

A.

Purpose. This Section provides locational, developmental, and operational standards for vehicle repair facilities, both general and limited.

B.

Applicability. The provisions in this Section shall apply to vehicle repair facilities, both general and limited, as defined in Article 9 and where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards).

C.

City locational, developmental, and operational standards. The following standards shall apply to vehicle repair facilities, both general and limited, and may be modified through a discretionary review process.

1.

Enclosure required. All operations shall be conducted within an enclosed structure. Service bay doors may be left in an open position during normal working hours, except as restricted in Subparagraph C.2. (Noise Control), below.

2.

Noise control.

a.

All structures shall be located and/or soundproofed to prevent annoyance or detriment to surrounding properties.

b.

All body repair or similar noise-generating activities shall be conducted within an enclosed masonry or similar structure with sound-attenuating construction to absorb noise.

c.

All structures shall be sealed with doors and windows closed while any body repair or similar noisegenerating activities are conducted.

d.

Air compressors and similar noise-generating equipment shall be located inside a structure.

e.

Noise levels on adjacent residential properties shall not exceed 50 decibels for a cumulative period of more than 30 minutes within a 24-hour period.

3.

Short-term storage.

a.

Vehicles awaiting repair by the establishment may be stored in on-site spaces that are not designated for required customer or employee parking.

b.

Long-term storage of vehicles (or partial vehicles) exceeding one week is not allowed.

c.

No permanently disabled, junked, or wrecked vehicles, or used or discarded vehicle parts or equipment may be stored outside a structure.

4.

Vehicle dismantling prohibited. Dismantling of vehicles for purposes other than on-site repair is prohibited.

A.

Purpose. This Section provides locational, developmental, and operational standards for outdoor vending machines and similar self-service walk-up facilities, exclusive of reverse vending machines used solely for recycling purposes (see Section 19.60.150, Recycling Facilities).

B.

Applicability. The provisions in this Section shall apply to outdoor vending machines as defined in Article 9 and where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards) and the following standards.

C.

City locational, developmental, and operational standards. The following standards shall apply to vending machines and similar self-serve walk-up facilities (as applicable) and only as an accessory use and when located outdoors.

1.

Permit requirements. A Minor Use Permit, approved in compliance with Chapter 19.114, shall be required before installing and maintaining outdoor vending equipment.

2.

Hours of operation. Hours of operation for vending equipment shall be as determined by the Minor Use Permit.

3.

Equipment placement. Vending equipment shall not be allowed to operate:

a.

At a location where space for pedestrian pathways will be reduced to less than five feet. All pathways shall have a vertical clearance of not less than eight feet above the surface of the path;

b.

At a location which obstructs access to any entrance to any structure or facility used by the public, including but not limited to doors and emergency exits;

c.

Within 10 feet of any handicap access ramp, pedestrian crosswalk, or fire hydrant;

d.

In any parking lot, drive aisle, or marked parking space;

e.

Within any landscaped area;

f.

At any publicly owned property including streets or sidewalks and the adjacent public right(s)-of-way;

g.

Within 100 feet of a business selling food and/or beverages for on-site consumption, in the case of a vending equipment selling food and/or beverages; or within 100 feet of a business selling a similar commodity in the case of a vending equipment selling commodities other than food and/or beverages, unless approved through the Minor Use Permit process;

h.

Within a public park or recreation area, except when licensed by the City as a concessionaire or when authorized by the City to vend at special events; or

i.

Within 200 feet of another approved vending equipment location, unless approved through the Minor Use Permit process.

4.

Development and operational standards.

a.

Vending equipment shall occupy no more than 50 square feet of space and shall not exceed eight feet in height.

b.

Vending equipment shall be maintained in a clean and hazard free condition; failure to so maintain and failure to clean the vending location of all waste shall be cause for revocation of the Minor Use Permit.

c.

Customer trash receptacles shall be provided for in compliance with the Minor Use Permit. The receptacles shall be a decorative design to complement or enhance the intended use and shall be located immediately

adjacent to the vending location for use by customers.

d.

Vending equipment design shall be of a quality and appearance that is compatible with the surrounding area and streetscape. Vending equipment design approval shall be subject to submittal and review of detailed vending equipment design plan/specifications and/or photos.

e.

Vending equipment shall be easily moved and self supporting; at no time shall vending equipment be attached, tied, or locked to trees, hydrants, or other permanent vertical structures or benches.

f.

No vending equipment shall use, play, or employ any amplifier, loudspeaker, radio, sound, or any other instrument or device for the production of sound in connection with the promotion of a vending operation.

g.

No vending equipment shall offer to sell alcoholic beverages.

h.

Vending equipment which cooks or warms food shall maintain a fire extinguisher at the vending location at all times.

i.

A valid Business License shall be obtained following approval of the Minor Use Permit.

j.

No cardboard or other types of similar storage boxes shall be visible to the public.

A.

Intent and purpose.

1.

The City recognizes the need to provide opportunities to establish wireless communication facilities for the convenience of the public, to provide reliable emergency wireless communication transmission, and to address concerns over aesthetic issues related to potential visual impacts of these facilities.

2.

Therefore, the following regulations have been determined to be necessary in order:

a.

To protect the public health, safety, welfare, and quality of life in the City;

b.

To provide for the personal communications needs of the City's residents, businesses, and visitors;

c.

To provide for reliable emergency wireless communications transmissions; and

d.

To ensure wireless telecommunications facilities of visually unobtrusive appearance.

B.

Applicability.

1.

The location, requirements, and other provisions of this Section shall apply to all wireless communication facilities as defined in Article 9, referred to in this Chapter as WCFs, within the City.

2.

A WCF shall not be allowed within the City, unless the location is within a zone(s) that allows a WCF by right, subject to Site Plan and Design Review in compliance with Chapter 19.122 or with the approval of a Conditional Use Permit, in compliance with Chapter 19.114.

3.

The Site Plan and Design Review Committee and, for WCFs that require a Conditional Use Permit, the Commission shall evaluate the effectiveness of the visual mitigation techniques including the effectiveness of stealth designs being proposed.

4.

This Section describes the procedures and techniques that shall be used to design, locate, install, place, and remove WCFs, with the intent of achieving the least possible visual impact.

5.

Failure to comply with the design, location, installation, placement, removal, and other requirements and provisions of this Section shall be and is declared to be a public nuisance in compliance with Municipal Code Section 9.32.010(g).

C.

Commission review and determination required. The Site Plan and Design Review Committee's decision for any new WCFs that are proposed to be located in zones that require a Conditional Use Permit for the use of a WCF shall not be final, but shall be referred by the Site Plan and Design Review Committee to the Commission for review and final decision.

D.

General standards for all WCFs. To minimize WCF proliferation and visual impacts throughout the City, all of the following standards shall apply.

1.

Location preference. Based on potential aesthetic impact, the preferred methods for locating a new WCF are, in order of preference, as follows:

a.

Co-location on an existing antenna support; provided, the co-location does not create a visual anomaly or significantly impact stealthing requirements;

b.

Mounted on an existing structure's rooftop;

c.

Mounted with non-communications facilities (e.g., flagpole, light standard); and

d.

Mounted on a new stealth antenna structure that is either structure or ground mounted.

2.

Cell site requirements. WCFs shall be located within a defined lease area on the proposed cell site that does not conflict with the use of existing structures on the property, does not reduce required parking, and does not conflict with or reduce landscaping, setbacks, or development standards.

3.

Permission.

a.

The applicant shall provide evidence to the City that a lease agreement, license for use, or similar document has been negotiated with the property owner(s) of the cell site that authorizes the use of the applicant's WCF on the cell site, and that requires the applicant to remove, at the applicant's sole cost and expense, the applicant's WCF upon termination for any reason, or default by the applicant, of the lease agreement, license for use, or similar document.

b.

The applicant shall not have the obligation to execute the lease agreement, license for use, or similar document until the applicant has obtained from the City the permit required for the applicable zone, and the applicant shall not have a right to use a WCF until the applicant has obtained from the City the permit required for the applicable zone.

c.

No later than 30 days following obtaining the permit required for the applicable zone, the applicant shall deliver to the Director (if not previously delivered) an executed copy of the lease agreement, license for use, or similar document, in a form that is the same as or substantially similar to that which was provided to City as evidence, in compliance with this Subparagraph, of the applicant's ability to use the cell site for applicant's WCF.

d.

In the event that the applicant does not deliver an executed copy of the lease agreement, license for use, or similar document within 30 days following obtaining the permit required, the Director shall deliver a notice to the applicant that the City has not received a copy of the executed lease agreement, license for use, or similar document, and the applicant shall have an additional 30 days following delivery of the notice to deliver to the Director the executed document.

e.

The applicant may redact, before delivery to the Director of the executed lease agreement, license for use, or similar documents, any proprietary or other information in the document except for the following:

(1)

The parties to the lease, license, or similar document;

(2)

The term of the lease, license, or other right to use (and any options or extensions thereto); and

(3)

The provisions regarding the obligation of the applicant to remove, at the applicant's sole cost and expense, the applicant's WCF upon termination for any reason, or default by the applicant, of the lease, license, or similar document.

f.

The redaction of any information in the lease agreement, license for use, or similar document after the document is in the custody and control of the City shall be in compliance with applicable law.

4.

Review authority.

a.

All WCF applications shall be subject to Site Plan and Design Review in compliance with Chapter 19.122.

b.

When the applicable zone for the proposed WCF requires a Conditional Use Permit, the decision of the Site Plan and Design Review Committee shall not be final, but shall be referred to the Commission for review and final decision in compliance with Chapter 19.114 (Conditional Use Permits and Minor Use Permits).

5.

Numerical limits. The City shall have and shall retain the authority to limit the number of WCFs to be located at any one site or adjacent sites in order to prevent the negative visual impact associated with multiple WCFs.

6.

Required permits. The applicant shall obtain all permits before the installation of any WCF, in compliance with the requirements of the Municipal Code, this Chapter, and all applicable laws, regulations, and Building Codes of other governmental agencies having jurisdiction over the cell site or WCF, or both.

7.

Colors and materials. All antennas, equipment, poles, and towers, including associated equipment enclosures, for any WCF shall have a non-reflective finish and shall be designed, painted, or otherwise treated to match or blend with the primary background of and minimize visual impacts to the cell site (e.g., simulated tree bark).

8.

WCF support facilities.

a.

WCF support facilities other than antennas and antenna structures shall be located either underground, within a completely enclosed structure in a rear yard not visible from the public right-of-way, or on a screened rooftop area.

b.

WCF support facilities shall be located and constructed so that they will not interfere with existing land uses at the site, and shall be compatible in design with adjacent structures.

c.

Ground-mounted WCF support facilities that are located within a required front or side setback, and that are visible from the public right-of-way, shall be underground vaulted so that the facility will have a minimal visual impact to the cell site and will not detrimentally impact the aesthetic appearance of the City, unless an alternative to underground vaulting is authorized by the appropriate City review authority.

Fencing materials.

a.

When fencing is proposed to surround the WCF, the use of block, wrought iron, or similar material is required to enclose a ground-mounted WCF.

b.

Alternative fencing materials may be considered and approved by the Site Plan and Design Review Committee or, for WCFs that require a Conditional Use Permit, the Commission, if the alternative fencing materials are similar to fencing used in the surrounding area.

c.

The use of chain-link fencing or razor wire for fencing around WCF is prohibited.

10.

Hardscape. All hardscape around a WCF shall consist of either pervious or impervious paving methods, unless otherwise approved by the Site Plan and Design Review Committee or, for WCFs that require a Conditional Use Permit, the Commission.

11.

Illumination. Ground and structure mounted antennas and WCF support facilities may not be illuminated, unless specifically required by the Federal Aviation Administration or other governmental agencies having jurisdiction over the cell site or WCF, or both.

12.

Landscaping required.

a.

WCFs shall be installed to maintain and enhance existing landscaping on the site, including foliage, shrubs, and trees, whether or not the landscaping is used for screening of a WCF.

b.

Additional landscaping and irrigation shall be planted and installed where vegetation is deemed necessary by the Site Plan and Design Review Committee or, for WCFs that require a Conditional Use Permit, the Commission, to provide screening or to block the line of sight between a WCF and adjacent residential uses and properties zoned for residential use.

c.

Landscaping and irrigation maintenance shall be the responsibility of the applicant, at the applicant's sole cost and expense.

Pre-existing character.

a.

Site location and development of WCFs shall preserve the pre-existing character of the site to the greatest extent possible.

b.

Existing vegetation shall be preserved or improved, and disturbance of the existing topography of the site shall be minimized, unless the disturbance would result in less visual impact of the WCF on the surrounding area.

Signs.

a.

The display of any advertising sign or any other graphics on the antenna structure or WCF support facilities is prohibited, except for required public safety warnings, maintenance contact information, or by any governmental agencies having jurisdiction over the cell site or WCF, or both.

b.

Maintenance contact information shall be provided to the City for each WCF, and updated information concerning maintenance contact information shall be provided to the City.

c.

Unless required to be placed higher by an applicable Federal or State law or regulation, required signs shall be placed no higher than eight feet above the base of the antenna structure or WCF support facilities.

d.

All signs to be installed and placed on a WCF shall be reviewed and approved by the Department before installation in compliance with Chapter 19.44 (Signs).

15.

Site maintenance.

a.

The site of a WCF shall be constantly maintained to be free of debris, refuse, and trash.

b.

All graffiti on a WCF shall be removed within 72 hours of discovery or notification from the City to the applicant.

Stealth design.

a.

All WCFs shall be stealth designed to the greatest extent feasible, considering technological requirements, by means of architectural compatibility, camouflage, color choice, placement, screening, and other site characteristics.

b.

The applicant shall use the smallest and least visible antennas possible to accomplish the carrier's, owner's, or operator's coverage objectives.

17.

Amateur radio antennas.

a.

In compliance with Government Code Section 65850.3, the City shall allow for and accommodate amateur radio antennas.

b.

An applicant for a WCF that will be used for amateur radio service communications shall design and choose the location of the WCF so that the standards specified in this Section and the intent and purpose in Subsection A. (Intent and purpose), above, shall be implemented and complied with to the greatest extent possible.

c.

The City has determined that the provisions of this Section constitute the minimum practicable regulations necessary to accomplish the City's legitimate intent and purpose specified in Subsection A. (Intent and purpose), above.

E.

Co-location WCF standards. In addition to all other applicable development standards required by the Municipal Code and applicable laws and regulations of governmental agencies with jurisdiction over a cell site or WCF, or both, all co-located WCFs shall be in compliance with all of the following:

1.

No preclusion to co-location. All mounts shall be designed so as not to preclude a possible future colocation by other carriers, owners, or operators of a WCF.

Good-faith effort. All applicants for a WCF shall demonstrate a good-faith effort to co-locate with other carriers, owners, or operators of an existing WCF. The City may deny a WCF application to an applicant who has not demonstrated a good faith effort to co-locate on an existing WCF. Good-faith effort includes demonstration by the applicant of all of the following:

a.

Contact with all other licensed carriers, owners, or operators that have a WCF in the area of coverage;

b.

Sharing non-proprietary technical information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location. Good-faith effort does not require the disclosure of proprietary information by an applicant;

c.

In the event that co-location is found to be infeasible, the applicant shall demonstrate that a proposed WCF cannot be placed on an existing structure or ground mounted facility. The Site Plan and Design Review Committee may require an independent, third-party review, at the applicant's sole cost and expense, in order to identify alternatives for a new WCF; and

d.

In the case of co-locations, architectural and other camouflaging treatments shall be coordinated between all users on the cell site.

3.

Stealth design. New antenna structures and WCF support facilities shall be scaled and designed to integrate or complement the existing site design and should always consider the existing bulk, scale, and symmetry of the cell site. Design techniques shall include one or more of the following:

a.

New antennas shall be disguised by replicating the dominant visual feature of the existing facility or add features that complement the site (e.g., placement of additional faux palm fronds or pine branches);

b.

WCF support facilities shall be located in an underground vault, adjacent to existing mechanical equipment, or in a separate enclosure inside a structure; and

c.

Techniques that the Director, the Site Plan and Design Review Committee, or, for WCFs that require a Conditional Use Permit, the Commission, may require, including additional landscaping and/or screening, undergrounding, an alternative color scheme, or relocation of the proposed WCF to a less obtrusive area of the site where it would have a less prominent visual presence due to size, slope, topography, or relationship to the public right-of-way.

F.

Ground-mounted WCF standards. In addition to all other applicable development standards required by the Municipal Code and applicable laws and regulations of governmental agencies with jurisdiction over a cell site or WCF, or both, all ground-mounted WCFs shall be in compliance with all of the following:

1.

New ground-mounted WCF. An applicant shall demonstrate that a proposed WCF cannot be placed on an existing structure or co-located on an existing ground-mounted structure. The Site Plan and Design Review Committee may require an independent, third-party review, at the applicant's sole cost and expense, to indentify alternatives for a newly proposed ground-mounted WCF.

2.

Stealth design. Antennas and WCF support facilities shall be designed and scaled to integrate with the structure design and should always consider the existing bulk, scale, symmetry, and design of the structure. Design techniques shall include one or more of the following:

a.

The WCF shall be sited to be screened by existing development, topography, or vegetation, or integrated into structure architecture or a structure other than a single antenna structure, or designed to appear as a different object (e.g., a tree);

b.

The WCF shall be disguised within its environmental backdrop by replicating the dominant visual feature of that backdrop (e.g., monopoles designed to look like palm or pine trees [monopalm, monopine]); and

c.

Techniques that the Director, the Site Plan and Design Review Committee, or, for WCFs that require a Conditional Use Permit, the Commission, may require, including additional landscaping and /or screening, undergrounding, an alternative color scheme, or relocation of the proposed WCF to a less obtrusive area of the site where it would have a less prominent visual presence due to size, slope, topography, or relationship to the public right-of-way.

3.

Maximum antenna height. The height of an antenna shall complement prevailing heights found in the surrounding neighborhood.

4.

Structural support. The antenna structure shall be designed to be freestanding. The use of guywires or support structures shall not be allowed.

G.

Structure-mounted WCF standards. In addition to all other applicable development standards required by the Municipal Code and applicable laws and regulations of governmental agencies with jurisdiction over a cell site or WCF, or both, all structure-mounted WCFs shall be in compliance with all of the following antenna location requirements:

1.

Roof-mounted. The roof-mounted antenna shall be located at or near the center of the structure, unless otherwise approved by the Site Plan and Design Review Committee or, for WCFs that require a Conditional Use Permit, the Commission.

2.

Façade-mounted. Panel antennas mounted on the sides of structures shall be subject to the review and approval of the Site Plan and Design Review Committee or, for WCFs that require a Conditional Use Permit, the Commission.

3.

Minimum structure height. For an antenna to be placed on a structure, the structure shall have an existing overall height of 35 feet or higher.

4.

Maximum antenna height. A roof-mounted antenna and WCF support facilities may not extend more than 15 feet above the roofline.

5.

Stealth design. Antennas and WCF support facilities shall be designed and scaled to integrate with the structure design by considering the existing bulk, scale, symmetry, and design of the structure. Design techniques shall include one or more of the following:

a.

The use of existing structure elements by proposing antennas and/or WCF support facilities behind existing structure features (e.g., a parapet, penthouse, tower, or other architectural elements); or

b.

The addition of new architectural features to the structure that allow for the placement and concealment of antennas and WCF support facilities behind or within existing roof-top structures.

6.

Support facility enclosures. Based on potential aesthetic impact, the preferred placement of WCF support facilities are, in order of preference, as follows:

a.

Placed within an existing roof top structure (e.g., parapet, penthouse, tower);

b.

Placed within the actual structure;

c.

Placed in a new, completely concealed roof mounted structure located at or near the center of the structure, unless otherwise approved by the Site Plan and Design Review Committee or, for WCFs that require a Conditional Use Permit, the Commission; or

d.

Placed in a new, completely concealed, vaulted, or ground mounted structure in compliance with this Section.

H.

Required findings for WCF approval. No WCF shall be approved or approved with conditions, unless the Site Plan and Design Review Committee or, for WCFs that require a Conditional Use Permit, the Commission, first makes all of the following findings in addition to those findings specified in Chapter 19.114 (Conditional Use Permits and Minor Use Permits):

1.

Co-location or alternative. The applicant has located the antenna on an approved co-location facility, or has demonstrated to the City, in compliance with this Section, a good-faith effort to locate the antenna on an approved co-location facility, but has demonstrated that co-location is not technically feasible due to coverage needs, potential interference, or other technical reasons supported by substantial evidence;

2.

No conflict with existing use. There is adequate space on the property for the WCF so that it does not conflict with the use of existing structures on the property, does not reduce required parking, and does not conflict with or reduce landscaping setbacks or development standards;

3.

No conflict with surrounding environment. The design and placement of the WCF does not adversely impact the use of the property, other structures located on the property, or the surrounding area or neighborhood;

4.

Compliance with section. The proposed WCF is consistent with the intent and purpose specified in Subsection A. (Intent and purpose), above, and complies with the design standards in this Section; and

Least possible visual impact. The applicant has demonstrated that the WCF will have the least possible visual impact on the environment taking into account economic, engineering, technical, and other relevant factors to be considered in compliance with this Section.

Chapter 19.62 - ADULT BUSINESS USES

Sections: