Part 6b — MU (Mixed-Use Overlay) Zone Regulations[Added by Ord. 2024-3]

A Mixed-Use Overlay (MU) zone is hereby created and added to the development opportunities allowed on all properties as specified herein to provide areas within the City where mixed-use development may be constructed in order to implement the City’s 2021-2029 Housing Element. The intent of the MU zone is to encourage vibrant, walkable communities, increase the availability of for-sale and/or for-rent housing choices in the City, while preserving the vitality of existing commercially and industrially zoned areas of the City. Mixed-use developments may also include amenities for residents, open space areas, internal circulation programs, and parking facilities as specified. The objectives of the Mixed-Use Overlay (MU) zone shall be as follows:

• A. Expand the options and opportunities for commercially zoned properties by allowing for combinations of commercial and multi-family residential uses on the same lot subject to specific objective standards, rules, and procedures.

• B. Create the potential for more intensive development in certain commercial and industrial areas, while providing transitional spaces between mixed-use developments and existing single-family residential zones.

• C. Retain and bolster the City’s commercial tax base by encouraging commercial uses that focus on providing goods and services at the neighborhood and regional level.

• D. Plan for projects that achieve the desired neighborhood character through appropriate architectural design.

• E. Affirmatively further fair housing by expanding housing choices for the City’s diverse populations.

Upon approval of the Mixed-Use Overlay (MU) zone as an implementing action of the City’s Housing Element, the MU zone shall apply to all properties located partially or completely within the C-1, C-3, C-4, and/or M-1 zones and having a lot area of not less than 4,500 square feet. No additional discretionary action shall be required to implement the MU zone.

• A. A Mixed-Use Overlay (MU) zone development application shall be submitted and deemed complete prior to a ministerial review to determine compliance with the Mixed-Use Overlay (MU) zone development standards and requirements. As part of the MU development application, the Director of Community Development may require such other information as deemed necessary to render a decision on the completeness of the proposed MU development application. Additional items may include the following:

  1. Utility plans showing the location of all existing and proposed sewer, electricity, water, gas, and telecommunications.

  2. A conceptual grading plan showing finished grades, storm water retention and treatment facilities, and Low Impact Development features in accordance with Section 9379 et seq.

  3. Street and circulation plans consistent with MU zone Development Standards, a traffic study to determine whether the project will result in conditions that exceed Level of Service (LOS) thresholds of significance in the General Plan’s Master Environmental Impact Report (MEIR).

  4. A Vehicle Miles Traveled (VMT) study.

  5. A parking study for projects containing less than the number of parking spaces required in Section 9369.5.J unless otherwise modified by State law.

  6. Architectural plans consistent with Lakewood’s Objective Mixed-Use Design Standards for the Mixed-Use Overlay (MU) zone. The plans shall include existing buildings to remain, new buildings, and conversion of buildings as applicable.

  7. Landscape and irrigation plans that comply with Sections 8600, 9346, and 9492.P shall be submitted according to the City’s Water Conservation in Landscaping Rules, Regulations, and Procedures.

  8. Exterior lighting plans and the corresponding photometric study.

  9. Sign program, if applicable.

  10. Waste collection and recycling procedures program.

  11. Public Safety and Security Plan.

• B. Once the Mixed-Use Overlay (MU) zone development application is deemed complete, staff shall conduct a ministerial review of the project to determine the project’s compliance with the development standards of this section. Staff shall alert the applicant of any areas where the plans do not comply with the development standards and/or if the plans as proposed require a Conditional Use Permit or other discretionary action.

• C. Following satisfactory completion of the steps in subsection B above, staff shall approve the proposed project and grant the land use entitlement.

Uses specifically allowed for mixed-use developments are set forth below and shall comply with the zoning regulations and development standards applicable to both the MU zone district and the underlying zone district.

• A. Uses permitted as a matter of course in the applicable underlying zone and which are not co-located within a residential building.

• B. Conditionally permitted uses for which a conditional use permit has been granted and which remain in full force and effect and that are not co-located within a residential building.

• C. Non-habitable accessory structures including arbors, cabanas, colonnades, and unenclosed patio covers.

• D. Multi-family residential housing units, as part of a horizontal or vertical mixed-use development or stand-alone, and accessory and appurtenant uses thereto including but not limited to:

  1. Residential — Apartments.

  2. Residential — For-Sale Units (e.g., townhomes or condominiums).

  3. Residential — Housing for elderly or disabled persons as defined in Section 9302.19a.

  4. Residential — live/work and artist lofts.

5. All land uses permitted as a matter of course under the base zoning within a residential building.

The following land uses shall be allowed only with a Conditional Use Permit and subject to underlying zoning regulations within a mixed-use building containing residential units.

• A. Restaurants or establishments selling alcoholic beverages for on-site consumption where the restaurant or establishment is located within a mixed-use building containing residential units.

• B. Commercial recreation with a lease area or floor area 10,000 square feet or greater and where the use is located within a mixed-use building containing residential units.

• C. Mixed-use buildings containing residential units exceeding the building height allowed in Section 9369.5.C.

• D. Housing for elderly or disabled persons at standards less restrictive or different than those set forth in this Part. In determining whether or not a Conditional Use Permit shall be issued in authorizing different development standards, the Planning and Environment Commission shall consider the factors listed in Section 9332.1.B with respect to Availability of Services, Establishment of Need, and Denial for Incompatibility. Any housing project for elderly or disabled persons for which a Conditional Use Permit is issued with less restrictive or different standards shall in any case meet the minimum requirements contained in Section 9332.1.C.

• E. Off-street parking for residential units at a ratio less than that required under Section 9369.5.J.

• F. Uses not specified. The PEC may grant approval of a Conditional Use Permit to allow a nonresidential use not specified elsewhere in this Part if it finds that the proposed non-residential use will not have an adverse impact on the residential land uses on the project site, adjacent uses, or otherwise negatively impacts adjacent uses or the surrounding area.

The following use restrictions shall apply to mixed-use buildings containing residential units in the MixedUse Overlay (MU) zone:

• A. Commercial recreation facilities with a lease area or floor area less than 10,000 square feet. The hours of operation for such facilities shall be limited to 6:00 AM to 10:00 PM.

• B. Live entertainment, dancing, and similar uses where the use is located within a mixed-use building containing residential units shall obtain a permit from the Permit and License Hearing Board pursuant to Article VI. This section does not permit adult entertainment businesses.

• A. Minimum Lot Area. All Mixed-Use Overlay (MU) zone parcels developed with a building or buildings containing residential units shall have a lot area of no less than 4,500 square feet. This provision shall not apply to for-sale residential units such as condominiums.

• B. Yard Requirements. Any building in a mixed-use development containing residential units shall observe the following setback requirements from the public right-of-way.

  1. Mixed-use buildings within a MU zone containing residential units: Front yard: 10 feet (10’)

from a collector street, minor arterial roadway, or major arterial roadway.

2. Side yard - no side yard setback required unless the project site abuts property located in the R-1 (Single-Family Residential), R-A (Single-Family Residential Limited Agriculture) zone, or PDSF (Single Family Dwelling Unit Planned Development) zone in which case the side yard setback shall be not less than 30 feet (30’).

3. Rear yard no rear yard setback required unless the project site abuts property located in the R-1, R-A, or PD-SF zone, in which case the rear yard setback shall be not less than 30 feet (30’).

• C. Building Height. Any mixed-use building containing residential units shall observe the following building height requirements as follows:

  1. C-1 zone allows up to two (2) stories or 35 feet, whichever is less.

  2. C-3 zone allows up to three (3) stories or 50 feet, whichever is less.

  3. C-4 zone allows up to four (4) stories or 65 feet, whichever is less.

  4. Regional Shopping Centers not more than 85 feet in height.

  5. M-1 zone allows up to five (5) stories or 85 feet, whichever is less.

  6. For the purposes of this Section, ground level stories, including those utilized for commercial space or vehicle parking, shall not exceed 20 feet (20’) as measured from floor to ceiling, and all subsequent floors shall not exceed 15 feet (15’) feet in height as measured from floor to ceiling. If the garage is at grade level, then it counts as a story. A semi-subterranean garage shall be considered as a story when more than 50% of the height of that floor is above finished grade. If more than 50% of the height of that floor is below finished grade then such a floor does not count as a story for the purposes of determining building height.

  7. Non-residential spaces with taller ceilings including primary entrances, lofts, mezzanines, and similar features are allowed, provided they do not exceed 10% of the ground floor area of the entire building. Residential spaces with taller ceilings may be permitted to accommodate lofts and mezzanines as permitted by the Building Code.

  8. Penthouses or roof structures may exceed the building heights of this Section pursuant to Section 9380.

9. Daylight Plane. No portion of the building volume shall encroach into a daylight plane of an existing single-family residential dwelling. The daylight plane is measured at the beginning of any point 25 feet (25’) above the property line abutting any lot with an existing single-family residential dwelling and sloping upward at a 45-degree angle toward the interior of the project site.

• D. Floor Area. The following minimum floor area requirements shall apply to residential dwelling units within a mixed-use development.

  1. Efficiency Units: 150 square feet. Efficiency units per Health and Safety Code Section 17958.1 and shall identified by labeling such units on the floor plan submittal.

  2. Studio and One-Bedroom Units: Not less than 360 square feet.

  3. Two-Bedroom Units: Not less than 650 square feet.

  4. Three or more Bedroom Units: Not less than 650 square feet, plus 70 square feet for each additional bedroom over two bedrooms.

• E. Private Open Space. An average of 70 square feet of exterior private open space shall be provided for each residential unit in a mixed-use development. Units facing an interior courtyard at an angle 135 degrees or less from another unit facing the same interior courtyard shall not be required to provide private open space. Required front yard areas shall not count toward this requirement. All private open space areas shall comply with the following standards:

  1. Private open space may include patios, porches, (including covered, unenclosed patios), balconies, and sundecks.

  2. Private open space shall be contiguous to, and directly accessible to the occupants of, the dwelling units served by the private open space.

  3. The minimum interior dimension for any private open space shall be at least six feet (6') in any horizontal direction. More than one private open space area may be provided for each residential unit, however, the minimum dimension for each private open space shall be at least six feet (6').

  4. All private open space shall be developed and maintained in a neat and orderly manner for the safety of the residents and adjacent areas. Private open space areas shall be adequately surfaced with concrete, tile, brick, composite, or similar weather resistant material.

  5. Private open space areas shall be separated from adjacent areas with a fence or wall at least 42 inches (42”) in height.

  6. Private Storage Space. Each dwelling unit shall be provided with an enclosed private storage space with a minimum capacity of 125 cubic feet. The minimum interior dimension for any private storage space shall be at least four feet (4') in any direction. More than one private storage space area may be provided for each residential unit. Private storage spaces may be located adjacent to its assigned residential unit, within a residential unit but not including closets inside of a bedroom, adjacent to the central mailbox area, or adjacent to the same parking area serving its assigned residential unit.

• F. Mailboxes. Each mixed-use building containing residential units shall include a covered area serving as a central mailbox area for the residential units.

• G. Common Open Space. A minimum of 75 square feet of open space shall be provided for each dwelling unit for the exclusive use of residents of the development. Common open space areas shall be located at or above ground level and shall comply with the following standards:

  1. Exterior common open space may include arbors, balconies, cabanas, colonnades, dog parks, patios (including covered, unenclosed patios), spas, sundecks, swimming pool areas, and other outdoor areas suitable for active uses as determined acceptable by the Director of Community Development. Exterior common open space areas shall be consolidated and provided at a ratio of one common open space area up to 100 residential units or portion thereof.

  2. Interior common open space shall count toward a maximum of 25% of the common open space requirement provided the entire area of the interior common open space is designed and made available for the exclusive use by the development’s residents. Interior common open space may include community rooms, childcare facilities, event rooms, gymnasiums, lounges, recreation rooms, saunas, and other indoor areas suitable for common activity uses as determined acceptable by the Director of Community Development.

  3. The minimum dimension for any common open space shall be not less than 10 feet (10’) in any horizontal direction.

  4. No portion of any parking space, driveway, or utility area, including pool equipment areas and/ or trash areas, shall constitute common or private open space. Required front yard areas and other passive landscaped areas shall not count towards required common open space.

  5. All common open space areas shall include seating. Site furniture shall use graffiti-resistant materials and/or coatings, as well as skateboard deterrent devices to retain the attractiveness of the site’s furniture as appropriate.

  6. All common open space areas shall be developed and maintained in a neat and orderly manner for the safety of the residents and adjacent areas. Common open space areas shall be adequately surfaced with concrete, tile, brick, composite, decomposed granite, or similar weather resistant material.

7. Not less than one amenity shall be included as part of each mixed-use development containing residential units. Amenities may include area features such as barbeques, community gardens, dining furniture, pet exercise areas, pet washes, fire pits, fireplaces, game courts, gymnasiums, playground equipment, putting greens, saunas, sitting areas, swimming pools and/or spas, tot lot, and other amenities as determined acceptable by the Director of Community Development.

   8. All common open space areas shall be secured with minimum six-foot tall fences and/or walls to prevent unauthorized entry. All exterior doors and gates to such areas shall be fitted with locks to allow exclusive access to residents and shall remain accessible to those with mobility challenges.

   9. A minimum of ten percent (10%) of exterior common open space areas shall be landscaped but shall not exceed 20% of the total exterior common open space area.

• H. On-Site Circulation. On-site circulation pertains to the movement and storage of vehicles (including vehicles belonging to residents, customers, visitors, employees, delivery, and services), bicycles, and pedestrians.

  1. Pedestrian Circulation.

     • a. A comprehensive pedestrian circulation plan shall be submitted for each MU development and shall include a network of pedestrian walkways that connect the public right-of-way, parking areas, main building entrances, common open space areas, and commercial components. The walkways shall be clearly marked at entry points and crosswalks (e.g., special paving, coloring, or texture). The pedestrian circulation plan shall include the location and types of features such as arbors, benches, trash/recycle cans, pedestrianoriented lighting and way-finding signs at key points along the walkways, such as intersections, main building entrances, connections to public sidewalks as appropriate, and easements as required.

     • b. Crosswalks providing access to buildings containing residential units shall have a different paving material or pattern than adjacent driveway surfaces to delineate the pedestrian path of travel.

     • c. Walkways shall not be less than 36 inches in width, clear of any obstructions including trees, light poles, bicycle racks, street amenities, and/or barriers that would otherwise impede pedestrian movements.

  • d. Walkways shall have a slope no greater than the maximum allowed by the Building Code for accessibility.

  • e. Walkways shall be illuminated with either light standards or building-mounted lighting, or a combination of the two.

2. Bicycle Circulation.

• a. A comprehensive bicycle circulation plan shall be submitted with each mixed-use development application and shall demonstrate connections with existing public bicycle paths and routes. The mixed-use development shall provide short-term and long-term bicycle storage facilities. Bicycle connections shall be incorporated to connect between adjoining residential, common open space, and commercial elements of each mixed-use development. The bicycle circulation plan shall include the locations and types of traffic control devices and signs.

  • b. Bicycle racks or bicycle lockers for residents shall be provided at the rate of one bicycle space per 20 parking spaces.

  • c. Bicycle racks or bicycle lockers for residents shall be placed in public view and shall be within 50 feet of main building entrances.

• Vehicle Circulation and Driveways.

• a. A comprehensive vehicle circulation plan shall be submitted for each mixed-use development and shall include a network of private streets and/or driveways that connect the public right-of-way, parking areas, and delivery areas. The vehicle circulation plan shall include the locations and types of vehicle traffic control devices, signs, signals, and easements.

• b. Driveways and drive aisles shall have a minimum width of twelve feet (12’) for each travel direction unless a greater width is required by the Building Code or Fire Code.

• c. Entrances to parking garages and other parking areas where access is controlled by parking arms shall provide a queuing length of not less than 20 feet in front of the parking arm and the entrance to the garage or parking area.

• d. Crosswalks providing access to buildings containing residential units shall have a different paving material or pattern than adjacent driveway surfaces to delineate the pedestrian path of travel.

• J. Mixed-Use Overlay (MU) Zone Parking Standards. At the time of construction of any mixed-use development containing residential units, or any time any such building or development is enlarged or increased in capacity by adding residential units and/or the number of bedrooms in the residential units, there shall be provided for increased capacity, the following minimum on-site parking spaces, with adequate provisions for safe ingress and egress, and said parking spaces shall thereafter be maintained in connection with such building or development and use of land. Parking requirements for a mixed-use building containing residential units shall be in addition to the parking requirements for the non-residential uses within that building and/or on the site.

  1. For mixed-use projects within the C-1, C-3, and C-4 zones, two (2) on-site parking spaces shall be provided for each residential unit containing up to two (2) bedrooms, two and one-half (2.5) parking spaces for each residential unit containing three (3) or more bedrooms, plus an additional 10% of the total required on-site parking shall be provided and maintained for guest parking.

2. For mixed-use projects within a Regional Shopping Center and the M-1 zones, one (1) on-site parking space shall be provided for each bedroom, plus one (1) space for each studio unit, plus an additional 10% of the total required on-site parking shall be provided for guest parking. Not more than two (2) parking spaces shall be required for units with more than two bedrooms.

3. A lesser amount of parking may be approved by the Planning and Environment Commission (PEC) upon the PEC’s approval of a Conditional Use Permit that justifies through a parking study that a lesser amount of parking will provide adequate parking for all uses on the site. These parking requirements shall not apply to the extent modified or waived by application of State law.

• Parking for non-residential uses shall be provided in accordance with Section 9490.

• Residential parking spaces shall not be located within the required front yard.

6. At least one parking space for each residential unit shall be within a garage, carport, or shall otherwise be covered.

7. Parking stall dimensions and design criteria. The minimum dimensions of a standard size residential parking stall shall be not less than nine feet (9’) in width by 18 feet (18’) in depth. The minimum dimensions of a compact size residential parking stall shall be not less than eight feet (8’) in width by 16 feet (16’) in depth.

8. Not more than 40% of the required parking stalls may be compact parking stalls. Each compact parking stall shall be clearly marked as “COMPACT” in 12-inch tall letters painted to contrast the parking surface.

9. All parallel parking spaces shall be not less than nine feet (9’) in width by 24 feet (24’) in length.

10. Tandem parking spaces shall only be permitted for efficiency and studio residential units. In no case shall the number of tandem parking spaces exceed 10% of the total number of required residential parking spaces.

11. No trailers, boats on trailers, inoperative vehicles (for more than 30 days), recreational vehicles, or other such vehicles shall be stored in any garage, parking space, or any other location in a mixed-use development, and no non-emergency auto repairs shall be allowed in any open parking space, garage space, or any other location in a mixed-use development.

12. The number, dimensions, location, and design of accessible parking spaces for the disabled shall be provided in accordance with the California Building Code and the Green Building Code.

13. Ninety-degree (90°) parking stalls shall have a drive aisle back-up width of not less than 24 feet. Wider drive aisle shall be provided to the satisfaction of the Fire Chief to accommodate fire department vehicles. Angled parking stalls shall have a drive aisle back-up width in accordance with the charts, diagrams, and standards on file in the office of the Director of Community Development.

14. All parking stalls shall be double-striped in accordance with the charts, diagrams, and standards on file in the office of the Director of Community Development.

15. Residential parking spaces in open garages and parking areas shall be assigned and painted to their corresponding residential unit number in minimum 12-inch tall letters painted to contrast the parking surface.

16. The number and location of electric vehicle capable and electric vehicle charging stations shall be provided in accordance with the California Green Building Code.

17. Access to parking garages and other parking areas where parking is reserved for residents shall be controlled by gates, parking arms, or other traffic barrier system.

• K. Mixed-Use Parking Space Separate Rental Prohibited. The requirement herein for on-site parking spaces in a mixed-use building containing residential units is designed to provide vehicle parking for residents and guests of residential units in a mixed-use building in a safe and secure manner. In order to assure the availability of such parking spaces, it is hereby made unlawful for any tenant to sublet any of the aforementioned parking spaces.

• L. Delivery and Loading Zones.

  1. One (1) 10’ x 25’ delivery space shall be provided for every 45,000 square feet of gross commercial floor area or portion thereof.

  2. One (1) 10’ x 25’ delivery space shall be provided for each 350 residential units in a mixed-use building.

  3. One (1) standard-size residential parking space shall be provided as a passenger loading zone for each 50 residential units in a mixed-use building.

  4. Each delivery space stall shall be clearly marked as “LOADING ZONE ONLY” and passenger loading zone shall be clearly marked as “PASSENGER LOADING ONLY” in minimum 12-inch tall letters painted to contrast the parking surface.

  5. Non-residential loading zones shall be located at the rear of the building and shall be concealed from the public right-of-way using a wall or landscape screen.

• M. Fences, Walls, and Hedges. Fences, walls, and hedges shall comply with Section 9384. However, fences, walls, and hedges not sharing a common lot line with property in the R-1, R-A, PD-SF, M-FR, or PD-MF zone may exceed the height limits prescribed in Section 9384 subject to prior approval from the Development Review Board without having to obtain a conditional use permit.

• N. Mechanical, Electrical, and Plumbing Installations.

  1. Air condition condensers, heat pumps, and similar equipment shall not be located within required yards. Roof-mounted equipment shall be located behind parapets and shall not be visible from ground level. Equipment located on patios, porches, decks, and balconies shall be screened from view by a solid wall matching the architecture of the building. All conduit and line set shall be located within the building.

  2. All electrical equipment rooms, electrical panels, and similar enclosures shall be flush with the exterior surface of the building. All doors and covers shall be painted to match adjacent wall surfaces. All conduit shall be located within the building. All electrical utility lines shall be located underground.

3. Photovoltaic panels and solar water heater panels may be roof mounted or located above open parking areas. All conduit and plumbing shall be located within the building or structure and shall not be run between buildings above grade. Connecting conduit shall be painted to match adjacent surfaces.

   4. All water heaters, water softeners, and similar appliances shall be located within the building envelope. All plumbing and conduit shall be located within the building.

   5. Wireless facilities on private property shall comply with Part 21 commencing with Section 9600.

• O. Landscaping.

  1. Plans shall be submitted for all proposed landscape areas in accordance with the City’s Water Conservation in Landscaping Ordinance.

  2. All landscape areas shall comply with Sections 9346 and 9369.5.G.9, and with the City’s Objective Mixed-Use Design Standards, as applicable.

  3. All landscape areas shall be developed and maintained for the safety of residents and visitors.

• P. Waste Collection Procedures. The construction debris and waste collection procedures program and trash enclosures shall comply with current City and State requirements and standards. The property owner shall prepare and obtain approval from the City Public Works Department a comprehensive solid waste collection and recycling procedures program. This shall be reviewed and be acceptable to the City Public Works Department. The waste collection and recycling procedures program shall include:

  1. Types, size, and location of bins, as well as the frequency of pickup to satisfy volume.

  2. Sufficient capacity and storage areas for all required forms of collection, this includes normal solid waste, required recycling, and required organic (food and landscape cuttings) waste storage, as required to comply with all related current state laws.

  3. Methods to address compliance with SB 1383 (Lara 2016) regarding organic recycling and the required reduction of Short-Lived Climate Pollutants (SLCP), such as methane, hydrofluorocarbon gases, and anthropogenic black carbon, as applicable.

  4. The waste collection program shall address any use of a trash compactor and the external storage of wood pallets and bales of compacted cardboard.

  5. The waste collection program shall include a schedule for cleaning the trash enclosure or trash room and trash chutes.

  6. Any trash enclosure or trash room is required to be properly maintained by the property owner/ operator/tenant with all trash inside the authorized collection devices. No spillover or other external storage of debris or waste is permitted.

  7. All trash bins shall either be located inside the building or in an exterior fully secured, roofed, illuminated, and lockable trash enclosure. There shall be no unscreened and/or unsecured exterior storage of waste materials.

  8. All trash enclosures shall comply with the current City guidelines for a fully secured trash enclosure. Fully secured trash enclosures shall be constructed with:

• a. A rainproof roof tall enough to accommodate fully opening the top of the bins;

  • b. Welded wire mesh between the roof and wall with no gap greater than two inches;

  • c. Lockable access doors or gates with and shall be self-closing; and

  • d. The trash enclosure area shall be illuminated during all hours of darkness to discourage unauthorized access, disposal, vandalism, or scavenging.

9. The trash enclosure shall have on each side thereof a solid reinforced masonry wall of not less than five feet (5’) height except for openings. All openings shall be equipped with lockable steel gates or doors. Such doors or gates shall at all times be equipped with fully operating, selfclosing devices.

10. At least one door or gate, at least three feet (3’) in width, shall be provided to afford pedestrian access to the trash enclosure or trash room. The door or gate shall at all times be located and maintained at such a place and in such a fashion that access to the storage area for the deposit and removal of garbage, organic waste, recyclables, refuse, and trash is reasonably accessible.

11. There shall be provided and maintained within two hundred feet (200’) of each mixed-use building a trash enclosure for the purpose of storing garbage, organic waste, recyclables, refuse, and trash of all persons and businesses occupying any mixed-use residential or non-residential building.

12. Mixed-use buildings containing residential units, and which are more than two stories in height shall include trash chute doors at each floor that lead to trash chutes for each waste stream that lead directly to the appropriate solid waste, required recycling, and required organic (food scraps) waste storage bin, as appropriate. Trash chutes shall be located in such a manner that no residential unit shall be farther than two hundred feet (200’) from a trash chute.

The following standards shall be implemented as part of a mixed-use development to protect residents from late night noise and light and to ensure the safety and security of commercial and residential uses and their visitors.

• A. Hours of operation.

  1. No commercial distributors shall unload or deliver any food, goods, wares, merchandise, or other personal property to any place of business, between the hours of 10:01 P.M. and 6:00 A.M. of the following day within 30 feet of any residential unit. Quick-serve deliveries of food, groceries, or goods to individual residents are permitted.

  2. No delivery driver shall operate, honk or sound any horn or vehicular sounding device for the purpose of such a delivery, between the hours of 10:01 P.M. and 6:00 A.M. of the following day within 30 feet of any residential unit.

  3. Commercial establishments located within 30 feet of any residence shall not empty any trash, including bottles and cans, into an outdoor trash bin between the hours of 10:01 P.M. and 6:00 A.M. of the following day. This condition does not apply to interior trash chutes.

• B. Noise.

  1. Sounds generated by businesses located within a building containing residential units shall not exceed 45 dB(A) within any residential unit.

• C. Exterior Lighting.

  1. Exterior lighting of parking areas, parking structures, walkways, and grounds shall be designed and arranged so as not to reflect direct or indirect light upon abutting or adjacent properties outside of the project site, with a maximum light spill of point .5 foot-candles as measured at grade level at property line.

  2. Exterior lighting of parking areas, parking structures, walkways, and grounds shall be designed and arranged in order to provide safe use thereof.

  3. Exterior lighting shall not exceed an average of two (2) foot-candles on exterior elevations of a mixed-use building containing residential units as measured at each story containing such units.

  4. Security lighting shall be provided at the front and rear entrance of each tenant space.

• D. Public Safety and Security Plan. The property owner shall prepare, submit, and obtain approval of a Public Safety and Security Plan (PSSP) to the Lakewood Public Safety Department (PSD), prior to final inspection and/or occupancy of the Project. The PSSP shall be reviewed in coordination with the Los Angeles County Sheriff’s Department (Sheriff’s Department). The PSSP shall include:

  1. Letter of Agency. The applicant shall sign a Letter of Agency with the Sheriff’s Department to authorize on-site enforcement for loitering, trespassing, vandalism, etc.

  2. Liaison Relationship. Building management shall establish an on-going liaison relationship with members of the Sheriff’s Department and the Lakewood PSD staff so that communication can be timely and effective when problems occur. This relationship shall include providing to the Sheriff’s Department and Lakewood PSD the applicant’s written store security protocols.

3. Management. A statement that a manager or supervisor 18 years of age or older shall be available during all hours of operation, that any loitering shall be strictly monitored and aggressively discouraged by management, and that management shall immediately notify law enforcement should they observe any criminal activity.

   4. Security System. Following approval from the Lakewood PSD, a state-of-the-art security system shall be designed and installed that include: a) 24-hour, closed circuit video cameras with audio capabilities; b) color monitors; and c) alarm/panic systems. The security backup data shall be stored for 30 days in an off-site location and shall be made available to law enforcement when requested.

   5. Storage medium. On-site storage medium shall be secured in such a manner as to not facilitate the easy removal by unauthorized personnel or by staff under duress.

   6. POS View. Store windows and doors shall continuously maintain a clear view from adjacent streets or driveways to the point-of-sale (POS) cash register(s).

   7. Service Doors. Service doors shall be equipped on the inside with an automatic locking and alarm device. These doors shall always be closed, except for deliveries.

   8. Unauthorized Access. To discourage unauthorized access to residential common space areas, service areas, and similar restricted areas, all doors and gates shall be equipped with self-closing devices and required panic hardware and shall remain closed at all times except when necessary for ingress or egress.

   9. Parking Signage. Site plans and floor plans shall be prepared showing the locations of “NO LOITERING” signs placed and remain clearly posted in and around parking areas.

Lakewood’s Objective Design Standards for the Mixed-Use Overlay (MU) zone is a separate document providing key, objective requirements for the development of mixed-use projects in Lakewood’s C-1, C-3, C-4, and M-1 zones. The Objective Mixed-Use Design Standards shall become effective following adoption by City Council resolution. The Director of Community Development shall prepare the Objective Mixed-Use Design Standards and is authorized to update the Objective Mixed-Use Design Standards from time to time.

Part 7 General Provisions Relating to Uses[Added by Ord. 141]

The foregoing regulations pertaining to the several zones shall be subject to the general provisions, conditions, and exceptions contained in this part.

One temporary real estate office may be located on any new subdivision in any zone, provided that such office, if in an "R" zone, shall be removed at the end of two (2) years from the date of the recording of the map of the subdivision upon which said office is located. Said temporary real estate office shall be used only for the purpose of conducting the sale of lots of the tract upon which the temporary office is located and shall not be used for conducting a general real estate business. This section is in lieu of any other provisions of this Chapter and of Chapter 3.

Temporary structures for the housing of tools and equipment or containing supervisory offices in connection with major construction on a construction project or tract, may be established and maintained in any zone on the property being developed during the progress of such construction on such project; provided that such temporary structure may not be maintained for a period exceeding one (1) year, excepting the Planning Commission may, in its discretion, extend said period for a period not exceeding one (1) year.

No person shall park, place or store any commercial vehicle, or a vehicle with a maximum weight limit in excess of 6,000 lbs., including any part thereof, truck or trailer, on any property, other than a street, road or highway where permitted, and no person shall allow, authorize or permit such parking, placing or storage, except as follows:

• A. Said vehicle, part or trailer is parked or stored or maintained in compliance with the zone regulations of said land, and on a permanently developed and maintained off-street parking area as defined in Section 9493.

• B. Or such vehicle is parked while actually and continuously being loaded or unloaded, or when such vehicle is parked because its presence is in connection with and an aid in the performance of a service to or on said property, and the vehicle is parked, stored or maintained thereon for such time as is reasonably necessary to complete the permitted service.

This Section contains the rules governing the off-street parking and storage of motorized recreational vehicles, trailers and semi-trailers, as those terms are used in subsections Land R of Section 3251 of this Code, and commercial vehicles, on properties developed with single-family residential uses. In the event of any conflict between any provision contained in this Section and any other provision in this Code, the provision contained in this Section shall be controlling. However, this Section shall not be construed to allow parking or storage of any vehicle in any location on a single-family residential property which is not specifically allowed in this Section, and which is specifically prohibited by any provision located elsewhere in this Code. (As an example, no parking is allowed in a required front yard area.) On such properties, vehicles may be parked off-street as follows:

• A. The parking or storage of motorized recreational vehicles, trailers or semi-trailers (collectively "such vehicles") shall be restricted to those vehicles which are operable, licensed to be driven on the street, and registered to the property on which such vehicles are parked or stored, unless otherwise authorized by law.

• B. There shall not be a time limit on the parking or storage of any operable and licensed vehicle, in any location on residential properties where parking or storage is allowed, pursuant to this Section or any other provision contained in this Code.

• C. Any such vehicle may be parked or stored in a driveway leading to a detached garage at the rear of a property, provided that it does not encroach within 16 feet of the front property line.

• D. Any such vehicle may be parked or stored in a driveway leading to an attached one or two-car garage, provided that it does not encroach into the public right-of-way, and that it is parked or stored in such a manner that it allows at least one off-street parking space on the driveway for a passenger automobile.

• E. On a corner lot, any such vehicle may be parked or stored in the side or rear yard facing a street, without being screened by a fence, provided that it is parked entirely on a paved surface, and that it does not encroach into the public right-of-way. The storage of camper shells, camper slide-ins, camper bodies and similar items in such area requires screening by a solid fence at least 5½ feet in height.

• F. In a rear yard, such vehicles, and camper shells, camper slide-ins, camper bodies and similar items, may be stored without being screened by a fence, and without limitation on number or variety. On an interior lot, in a side yard, any such vehicle may be stored, provided that it is parked entirely on a paved surface, or screened by a solid fence at least 5½ feet in height. The storage of camper shells, camper slide-ins, camper bodies and similar items in such area requires screening by a solid fence at least 5½ feet in height.

• G. Any such vehicle may be parked temporarily, in a driveway, where otherwise not allowed, for the purpose of loading or unloading, for a period not exceeding 72 hours, provided that it does not encroach into the public right-of-way.

• H. Any trailer or semi-trailer parked off-street shall have its wheels appropriately secured to prevent it from rolling while it is unattended.

• I. For the purposes of this Section, "driveway" shall include any paved area between an existing driveway leading to the required off-street parking area and the nearest property line; "paved" shall be deemed to include pavers.

• J. The following types of licensed, operable commercial vehicles may be parked off-street, only in areas in which parking is allowed, provided that a commercial vehicle is either registered to the property at which it is parked, or associated through employment with an occupant of such property:

  1. Motorized commercial vehicles with a curb weight (excluding passengers or loads) not exceeding 6,000 pounds; and

  2. Trailers with a curb weight not exceeding 2,500 pounds and a length not exceeding 20 feet.

• K. The terms and descriptions contained in this Section correspond to the drawings and other information contained in the materials provided to the City Council in conjunction with the adoption of the Ordinance enacting this Section, copies of which materials are available in the office of the Director of Community Development.

• L. A Lakewood resident may apply for a permit to allow the parking of a vehicle in an off-street location in which parking is otherwise not allowed by this Section, pursuant to the process, and subject to the criteria, established by the City Council.

Except as provided in Section 9373.1, no vehicle or part thereof, including body parts, trailer bodies or camper bodies, or parts thereof, shall be parked, stored or maintained in the front yard, or the side yard of corner lots, as defined in Sections 9322.5.B, 9326.7.B, and 9332.C of the R-1, R-A, and M-F-R zones, except:

• A. Motor vehicles of the passenger automobile variety, provided that the same are parked, stored or maintained in an access driveway designed and intended to be used to provide ingress and egress from a public or private right-of-way to the required automobile parking space, and where the same at all times are licensed for operation on the streets of the State of California, capable of selfpropulsion.

• B. The parking of vehicles in the front or side yard area for the purpose of making pickup or delivery of goods, wares, merchandise or materials from or to any building or structure located on such residential lot or for the purpose of delivering materials to be used in the repair, alteration, remodeling or construction of any buildings or structure upon any such residential lot.

• C. Any vehicle owned or operated by a public utility while necessary in use in the construction, installation or repair of any public utility.

The term "vehicle" as used herein means a device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.

The plans of each proposed bomb or fallout shelter shall be submitted to the Building Department at the time of the application for Building Permit. The plan shall clearly indicate all structural, construction and installation requirements of the building, health, plumbing and electrical code, and shall in addition indicate entrances and exits to and from said shelter as well as screening or other surface construction in relation to said shelter. The Building Department may issue other surface construction in relation to said shelter. The Building Department may issue Building Permits for bomb or fallout shelters complying with the foregoing provided that:

• A. The entrance or exit to and from the shelter is not within the front yard area and the side yard area on the corner lots;

• B. Any vents are not located within the front yard area and the side yard area on corner lots; and

• C. Where the shelter is constructed beneath the front yard area, entrances and vents not only shall be located out of the front yard area and the side yard area on corner lots, but shall be screened with shrubs, wall or fencing from direct view of the street on which the front yard or corner side yard fronts.

The Planning Commission may, in its discretion, in a proper case, modify or waive any or all of the aforementioned requirements contained in Subparagraphs A, B, or C.

Where future street lines have been established by a Master or General Plan, no building or structure shall be erected within the future street line. Where future street lines have been adopted pursuant to a Master or General Plan, said future street lines shall be used in determining lot lines for the purposes of this Chapter. The application of this section to any person may be waived by the Planning Commission upon a showing that the waiver thereof will not materially affect putting into effect the Master Plan.

Where property in any zone other than R-1 and R-A sides or rears on the property line of an adjoining R-1 or R-A lot or parcel, a reinforced six-foot block or masonry wall shall be erected and maintained along the line of such lot adjoining said R-1 or R-A lot, except where a building, otherwise authorized, is erected and maintained on said property line. No such wall shall exceed forty-two inches, however, in the required front yard set-back, if any.

No person within any area of the City zoned for residential use or any area adjacent thereto shall own, possess, control, or maintain any machinery, equipment, pumps, fans, air conditioning or airhandling apparatus, or similar mechanical devices which cause the noise level at the property line of any property zoned for residential uses to exceed the sound pressure level permitted herein by more than five decibels. The production or maintenance of any sound in excess of said levels is hereby declared to be an unnecessary interference with the enjoyment of residential property and contrary to the public health and general welfare. The ownership, maintenance, operation, or control of any such machinery or equipment producing said excess sound pressure levels is hereby declared to be a public nuisance.

The sound pressure level permitted herein shall be measured at any point on the property line of the residential property affected and is sixty decibels, reference 0.002 microbar, read on the A scale of a sound level meter. Reading shall be taken in accordance with the instrument manufacturer's instructions, using the slowest meter response, and as follows:

• A. Placement of Measuring Microphone. Placement of the microphone can beat any point on the property line, but shall not be closer than three (3) feet from any wall and not less than three (3) feet above the ground where the above-listed maximum sound pressure level shall apply. At any point the measured level shall be the average of not less than three (3) readings, taken at two-minute intervals. To have valid readings, the levels must be five (5) decibels or more above the levels prevailing at the same point, excluding noise caused by the objectionable machinery.

• B. Sound Level Meter Sound pressure levels shall be measured with a sound level meter manufactured according to U.S.A. Standard S1.4-1961, published by the United States of America Standards Institute, New York City, New York.

No such sound producing machinery, equipment, pumps, fans, air conditioners, air handling apparatus, or similar mechanical devices shall be installed, located, or maintained in any residential zone unless so installed, or maintained in the manner or fashion determined by the Director of Community Development, or his authorized representative, as to not unreasonably interfere with the enjoyment or use of life and property in the vicinity, and provided, further, that the following minimum regulations are complied with:

• A. Roof. No mechanical equipment, except wind turbines, shall be erected, constructed, placed or maintained on or upon the roof of any building or structure located in the R-1, R-A, or A zones, unless the roof structure is so designed as to provide for the inclusion of said equipment as an integral part of the structure, and said installation has been approved by the Development Review Board. [Amended by Ord. 77-5]

• B. Front Yard. Such unit may be located between a front lot line or side lot line and the nearest building on the lot, if the unit is screened and soundproofed to protect the surrounding properties from excessive noise or unsightly appearance.

• C. Rear Yard. Such unit may be located within that area designated as the rear yard provided that it is not placed in the rear yard area of a corner lot parallel to and within twenty (20) feet of any lot line common to the required side yard of an abutting residential lot.

• D. "Units" as used herein shall include all appurtenances, including ducts.

No person shall fail to comply with any act or direction required by the Director of Community Development, or his authorized representative, in accordance with the aforementioned Sections, nor shall any person violate any of the provisions of the aforementioned Sections. The City Council further declares that the maintenance of any mechanical equipment or machinery in violation of any of the provisions of this Part is a public nuisance and may be subjected to abatement summarily, or by restraining order or injunction issued by a Court of competent jurisdiction. Notwithstanding any provision of this Chapter to the contrary, no use shall be maintained in violation of Section 9376, et seq., which constitutes a public nuisance and any use otherwise nonconforming under the provisions of this Chapter by reason of application of Section 9376, et seq., shall be made conforming within one year and under such conditions or directions as established by the Director of Community Development.

• A. Definitions. For the purpose of this Section the following definitions shall apply.

  • (1) MARIJUANA — Means any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including marijuana infused in foodstuff, or any other ingestible or consumable product containing marijuana. "Marijuana" shall also include "medical marijuana" as that term is used in the "Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use," issued by the Office of the Attorney General for the State of California (the "Guidelines), as such Guidelines may be amended from time-to-time, or subject to the provisions of the California Compassion Use Act of 1996, or the California Medical Marijuana Program Act, as either may be amended from time-to-time.

  • (2) MARIJUANA CULTIVATION — Means the growing, propagating, planting, harvesting, drying, curing, grading, trimming, or processing of marijuana.

  • (3) MARIJUANA PROCESSING — Means any method used to prepare marijuana or its byproducts for commercial retail and/or wholesale purposes, including but not limited to drying, cleaning, curing, packaging, and extraction of active ingredients to create marijuana related products and/or concentrates.

  • (4) MARIJUANA DELIVERY — Means the transfer of marijuana or its by-products to or from a dispensary, collective, cooperative, primary caregiver, qualified patient or testing laboratory. "Marijuana delivery" also includes the use by any aforesaid transferor or transferee of any technology platform that enables any such transfer.

  • (5) MARIJUANA DISPENSARIES — Means any business, office, store, facility, location, retail storefront or wholesale component of any establishment, cooperative or collective that delivers, dispenses, distributes, exchanges, transmits, transports, sells or provides marijuana to any person for any reason, including members of any medical marijuana cooperative or collective.

  • (6) MEDICAL MARIJUANA COOPERATIVE OR COLLECTIVE — Means any group that is cooperatively or collectively cultivating and/or distributing marijuana for medical purposes that is organized in the manner set forth in the Guidelines.

  • (7) MARIJUANA TESTING LABORATORY — Means a facility, entity, or site that offers or performs tests of marijuana or marijuana products that is both: (a) accredited by an accrediting body that is independent from all other persons involved in the medical marijuana industry in the state; and (b) registered with the State Department of Public Health.

  • (8) MARIJUANA TRANSPORTING — Means the transfer of marijuana or marijuana products from one location to any other location.

• (9) MANUFACTURER — Means a person who conducts the production, preparation, propagation, or compounding of marijuana, or marijuana by-products either directly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, or that packages or repackages marijuana or marijuana products or labels or relabels its container.

  • (10) TRANSPORTER — Means a person who transports or delivers marijuana or marijuana byproducts.

  • (11) DISTRIBUTOR — Means a person engaged in the purchasing of marijuana from a cultivator, or marijuana products from a manufacturer, for sale to a dispensary, cooperative or collective.

• B. Prohibited Activities. Marijuana cultivation/propagation, marijuana processing, marijuana testing laboratory, marijuana product labeling, marijuana storing, marijuana transporting, marijuana delivery, marijuana dispensaries, marijuana sales/barters and marijuana cooperatives or collectives shall be prohibited activities in the City, except where the City is preempted by federal or state law from enacting a prohibition on any such activity. Except in the circumstance of such preemption, if any, no use permit, variance, building permit, or any other entitlement, license, or permit, whether ministerial or discretionary, shall be approved or issued for any of the aforesaid prohibited activities anywhere in the City, and no person shall otherwise establish or conduct any such activity in the City. It shall be unlawful for any person or entity to establish, own, operate or manage, or participate as an employee, manufacturer, transporter, distributor, contractor, landlord, property owner, agent, or volunteer, in any of the aforesaid prohibited activities anywhere in the City for any reason including both commercial or non-commercial purposes.

• C. Public Nuisance. Any use or condition caused, or permitted to exist, in violation of any provision of this Section shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the City pursuant to Code of Civil Procedure Section 731 or any other remedy available to the City.

• D. Civil Penalties. In addition to any other enforcement permitted the Lakewood Municipal Code, the City Attorney and/or City Prosecutor may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this Section. In any civil action brought pursuant to this Section, a court of competent jurisdiction may award reasonable attorneys fees and costs to the prevailing party.

• E. Applicability. In the event that any activity which is prohibited by this Section shall be determined to have occurred legally prior to the effective date of this Section, no such activity shall have any nonconforming rights as may otherwise be provided by this Code. Nothing in this Section is intended, nor shall it be construed to burden any defense to criminal prosecution under the Compassionate Use Act in 1996 pursuant to Proposition 215 and codified as the State of California Health and Safety Code section 11362.5.

For the purposes of this Section, the following definitions apply:

• A. AUTOMOTIVE SERVICE FACILITY — Means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) and North American Industry Classification System (NAICS) codes. For inspection purposes, Permittees need not inspect facilities with SIC codes 5013, 5014, 5541, 5511, provided that these facilities have no outside activities or materials that may be exposed to stormwater (Source: Order No. R4-2012-0175).

• B. BASIN PLAN — Means the Water Quality Control Plan, Los Angeles Region, Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties, adopted by the Regional Water Board on June 13, 1994 and subsequent amendments (Source: Order No. R4-2012-0175).

• C. BEST MANAGEMENT PRACTICE (BMP) — Means practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharges to receiving waters, or designed to reduce the volume of stormwater or non-stormwater discharged to the receiving water (Source: Order No. R4-2012-0175).

• D. BIOFILTRATION — Means a LID BMP that reduces stormwater pollutant discharges by intercepting rainfall on vegetative canopy, and through incidental infiltration and/or evapotranspiration, and filtration. Incidental infiltration is an important factor in achieving the required pollutant load reduction. Therefore, the term "biofiltration" as used in this Ordinance is defined to include only systems designed to facilitate incidental infiltration or achieve the equivalent pollutant reduction as biofiltration BMPs with an underdrain (subject to approval by the Regional Board's Executive Officer). Biofiltration BMPs include bioretention systems with an underdrain and bioswales (Modified from: Order No. R4-2012-0175).

• E. BIORETENTION — Means a LID BMP that reduces stormwater runoff by intercepting rainfall on vegetative canopy, and through evapotranspiration and infiltration. The bioretention system typically includes a minimum 2-foot top layer of a specified soil and compost mixture underlain by a gravelfilled temporary storage pit dug into the in-situ soil. As defined in the Municipal NPDES permit, a bioretention BMP may be designed with an overflow drain, but may not include an underdrain. When a bioretention BMP is designed or constructed with an underdrain it is regulated by the Municipal NPDES permit as biofiltration (Modified from: Order No. R4-2012-0175)

• F. BIOSWALE — Means a LID BMP consisting of a shallow channel lined with grass or other dense, low-growing vegetation. Bioswales are designed to collect stormwater runoff and to achieve a uniform sheet flow through the dense vegetation for a period of several minutes (Source: Order No. R4-2012-0175).

• G. CITY — Means the City of Lakewood.

• H. CLEAN WATER ACT (CWA) — Means the Federal Water Pollution Control Act enacted in 1972, by Public Law 92-500, and amended by the Water Quality Act of 1987. The Clean Water Act prohibits the discharge of pollutants to Waters of the United States unless the discharge is in accordance with an NPDES permit.

• I. COMMERCIAL DEVELOPMENT — Means any development on private land that is not heavy industrial or residential. The category includes, but is not limited to: hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, car wash facilities; mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes (Order No. R4-2012-0175).

• J. COMMERCIAL MALLS — Means any development on private land comprised of one or more buildings forming a complex of stores which sells various merchandise, with interconnecting walkways enabling visitors to easily walk from store to store, along with parking area(s). A commercial mall includes, but is not limited to: mini-malls, strip malls, other retail complexes, and enclosed shopping malls or shopping centers (Source: Order No. R4-2012-0175).

• K. CONSTRUCTION ACTIVITY — Means any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that result in land disturbance. Construction does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line and grade, hydraulic capacity, or original purposes of the facility. See "Routine Maintenance" definition for further explanation. Where clearing, grading or excavating of underlying soil takes place during a repaving operation, State General Construction Permit coverage by the State of California General Permit for Storm Water Discharges Associated with Industrial Activities or for Stormwater Discharges Associated with Construction Activities is required if more than one acre is disturbed or the activities are part of a larger plan (Source: Order No. R4-2012-0175).

• L. CONTROL — Means to minimize, reduce or eliminate by technological, legal, contractual, or other means, the discharge of pollutants from an activity or activities (Source: Order No. R4-2012-0175).

• M. DEVELOPMENT — Means construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-family, multi-unit or planned unit development); industrial, commercial, retail, and other non-residential projects, including public agency projects; or mass grading for future construction. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety (Source: Order No. R4-2012-0175).

• N. DIRECTLY ADJACENT — Means situated within 200 feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area (Source: Order No. R4-2012-0175).

• O. DISCHARGE — Means any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semi-solid, or solid substance.

• P. DISTURBED AREA — Means an area that is altered as a result of clearing, grading, and/or excavation (Source: Order No. R4-2012-0175).

• Q. FLOW-THROUGH BMPs — Means modular, vault type "high flow biotreatment" devices contained within an impervious vault with an underdrain or designed with an impervious liner and an underdrain (Modified from: Order No. R4-2012-0175).

• R. FULL CAPTURE SYSTEM — Means any single device or series of devices, certified by the Executive Officer, that traps all particles retained by a 5 mm mesh screen and has a design treatment capacity of not less than the peak flow rate Q resulting from a one-year, one-hour storm in the subdrainage area (Order No. R4-2012-0175).

• S. GENERAL CONSTRUCTION ACTIVITIES STORM WATER PERMIT (GCASP) — Means the general NPDES permit adopted by the State Board which authorizes the discharge of stormwater from construction activities under certain conditions.

• T. GENERAL INDUSTRIAL ACTIVITIES STORM WATER PERMIT (GIASP) — Means the general NPDES permit adopted by the State Board which authorizes the discharge of stormwater from certain industrial activities under certain conditions.

• U. GREEN ROOF — Means a LID BMP using planter boxes and vegetation to intercept rainfall on the roof surface. Rainfall is intercepted by vegetation leaves and through evapotranspiration. Green roofs may be designed as either a bioretention BMP or as a biofiltration BMP. To receive credit as a bioretention BMP, the green roof system planting medium shall be of sufficient depth to provide capacity within the pore space volume to contain the design storm depth and may not be designed or constructed with an underdrain (Source: Order No. R4-2012-0175).

• V. HAZARDOUS MATERIAL(S) — Means any material(s) defined as hazardous by Division 20, Chapter 6.95 of the California Health and Safety Code.

• W. HILLSIDE — Means a property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is 25% or greater and where grading contemplates cut or fill slopes (Source: Order No. R4-2012-0175).

• X. IMPERVIOUS SURFACE — Means any man-made or modified surface that prevents or significantly reduces the entry of water into the underlying soil, resulting in runoff from the surface in greater quantities and/or at an increased rate, when compared to natural conditions prior to development. Examples of places that commonly exhibit impervious surfaces include parking lots, driveways, roadways, storage areas, and rooftops. The imperviousness of these areas commonly results from paving, compacted gravel, compacted earth, and oiled earth.

• Y. INDUSTRIAL/COMMERCIAL FACILITY — Means any facility involved and/or used in the production, manufacture, storage, transportation, distribution, exchange or sale of goods and/or commodities, and any facility involved and/or used in providing professional and non-professional services. This category of facilities includes, but is not limited to, any facility defined by either the Standard Industrial Classifications (SIC) or the North American Industry Classification System (NAICS). Facility ownership (federal, state, municipal, private) and profit motive of the facility are not factors in this definition (Source: Order No. R4-2012-0175).

• Z. INDUSTRIAL PARK — Means land development that is set aside for industrial development. Industrial parks are usually located close to transport facilities, especially where more than one transport modalities coincide: highways, railroads, airports, and navigable rivers. It includes office parks, which have offices and light industry (Source: Order No. R4-2012-0175).

• AA. INFILTRATION BMP — Means a LID BMP that reduces stormwater runoff by capturing and infiltrating the runoff into in-situ soils or amended onsite soils. Examples of infiltration BMPs include infiltration basins, dry wells, and pervious pavement (Source: Order No. R4-2012-0175).

• BB. LOW IMPACT DEVELOPMENT (LID) — Consists of building and landscape features designed to retain or filter stormwater runoff (Source: Order No. R4-2012-0175).

• CC. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) — The MS4 is a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):

  1. Owned or operated by a State, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States;

  2. Designed or used for collecting or conveying stormwater;
  • Which is not a combined sewer; and
  4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR §122.2. (40 CFR § 122.26(b)(8)) (Source: Order No. R4-2012-0175)

• DD. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) — Means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA §307, 402, 318, and 405. The term includes an "approved program" (Source: Order No. R4-2012-0175).

• EE. NATURAL DRAINAGE SYSTEM — Means a drainage system that has not been improved (e.g., channelized or armored). The clearing or dredging of a natural drainage system does not cause the system to be classified as an improved drainage system (Source: Order No. R4-2012-0175).

• FF. NEW DEVELOPMENT — Means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision (Source: Order No. R4-2012-0175).

• GG. NON-STORMWATER DISCHARGE — Means any discharge to a municipal storm drain system that is not composed entirely of stormwater (Source: Order No. R4-2012-0175).

• HH. OUTFALL — Means a point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances with connect segments of the same stream or other waters of the United Sates and are used to convey waters of the United States. (40 CFR Section 122.26(b)(9)) (Order No. R4-2012-0175).

• II. PARKING LOT — Means land area or facility for the parking or storage of motor vehicles used for businesses, commerce, industry, or personal use, with a lot size of 5,000 square feet or more of surface area, or with 25 or more parking spaces (Source: Order No. R4-2012-0175).

• JJ. PERSON — Means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, state, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine and the singular shall include the plural where indicated by the context.

• KK. PLANNING PRIORITY PROJECTS — Means development projects subject to Permittee conditioning and approval for the design and implementation of post-construction controls to mitigate stormwater pollution, prior to completion of the project(s) (Modified from: Order No. R4-2012-0175).

• LL. POLLUTANT — Means any "pollutant" defined in Section 502(6) of the Federal Clean Water Act or incorporated into the California Water Code Sec. 13373. Pollutants may include, but are not limited to the following:

  1. Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash, and sludge).

  2. Metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium, and non-metals such as phosphorus and arsenic).

  3. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants, and grease).

4. Excessive eroded soil, sediment, and particulate materials in amounts that may adversely affect the beneficial use of the receiving waters, flora, or fauna of the State.

   5. Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities).

   6. Substances having characteristics such as pH less than 6 or greater than 9, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus.

• MM. PROJECT — Means all development, redevelopment, and land disturbing activities. The term is not limited to "Project" as defined under CEQA (Pub. Resources Code §21065) (Source: Order No. R4-2012-0175).

• NN. RAINFALL HARVEST AND USE — Means a LID BMP system designed to capture runoff, typically from a roof but can also include runoff capture from elsewhere within the site, and to provide for temporary storage until the harvested water can be used for irrigation or non-potable uses. The harvested water may also be used for potable water uses if the system includes disinfection treatment and is approved for such use by the local building department (Source: Order No. R4-2012-0175).

• OO. RECEIVING WATER — Means "water of the United States" into which waste and/or pollutants are or may be discharged (Source: Order No. R4-2012-0175).

• PP. REDEVELOPMENT — Means land-disturbing activity that results in the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site. Redevelopment includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of routine maintenance activity; and land disturbing activity related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety (Source: Order No. R4-2012-0175).

• QQ. REGIONAL BOARD — Means the California Regional Water Quality Control Board, Los Angeles Region.

• RR. RESTAURANT — Means a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC Code 5812) (Source: Order No. R4-2012-0175).

• SS. RETAIL GASOLINE OUTLET — Means any facility engaged in selling gasoline and lubricating oils (Source: Order No. R4-2012-0175).

• TT. ROUTINE MAINTENANCE — Routine Maintenance projects include, but are not limited to projects conducted to:

  • Maintain the original line and grade, hydraulic capacity, or original purpose of the facility.

2. Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities.

3. Includes road shoulder work, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts.

4. Update existing lines (which includes replacing existing lines with new materials or pipes) and facilities to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity.

• Repair leaks.

Routine maintenance does not include construction of new [those that are not associated with existing facilities and are not part of a project to update or replace existing lines - (Source: Order No. R4-2012-0175)] lines or facilities resulting from compliance with applicable codes, standards and regulations.

• UU. SIGNIFICANT ECOLOGICAL AREAS (SEAs) — Means an area that is determined to possess an example of biotic resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity, as part of the Los Angeles County General Plan. Areas are designated as SEAs, if they possess one or more of the following criteria:

  • The habitat of rare, endangered, and threatened plant and animal species.

2. Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind, or are restricted in distribution on a regional basis.

3. Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind or are restricted in distribution in Los Angeles County.

4. Habitat that at some point in the life cycle of a species or group of species, serves as a concentrated breeding, feeding, resting, migrating grounds and is limited in availability either regionally or within Los Angeles County.

5. Biotic resources that are of scientific interest because they are either an extreme in physical/ geographical limitations, or represent an unusual variation in a population or community.

• Areas important as game species habitat or as fisheries.

7. Areas that would provide for the preservation of relatively undisturbed examples of natural biotic communities in Los Angeles County.

• Special areas (Source: Order No. R4-2012-0175).

• VV. SITE — Means land or water area where any "facility or activity" is physically located or conducted, including adjacent land used in connection with the facility or activity (Source: Order No. R4-2012-0175).

• WW. STORM DRAIN SYSTEM — Means any facilities or any part of those facilities, including streets, gutters, conduits, natural or artificial drains, channels, and watercourses that are used for the purpose of collecting, storing, transporting or disposing of stormwater and are located within the City of Lakewood.

• XX. STORM WATER OR STORMWATER — Means water that originates from atmospheric moisture (rain or snow) and that falls onto land, water, or other surfaces. Without any change in its meaning, this term may be spelled or written as one word or two separate words.

• YY. STORMWATER RUNOFF — Means that part of precipitation (rainfall or snowmelt) which travels across a surface to the storm drain system or receiving waters.

• ZZ. SUSMP — Means the Los Angeles Countywide Standard Urban Stormwater Mitigation Plan. The SUSMP was required as part of the previous Municipal NPDES Permit (Order No. 01-182, NPDES No. CAS004001) and required plans that designate best management practices (BMPs) that must be used in specified categories of development projects.

• AAA. URBAN RUNOFF — Means surface water flow produced by storm and non-storm events. Nonstorm events include flow from residential, commercial, or industrial activities involving the use of potable and non-potable water.

• A. Objective. The provisions of this Section establish requirements for construction activities and facility operations of Development and Redevelopment projects to comply with the current "Order No. R4-2012-0175," lessen the water quality impacts of development by using smart growth practices, and integrate LID practices and standards for stormwater pollution mitigation through means of infiltration, evapotranspiration, biofiltration, and rainfall harvest and use. LID shall be inclusive of new development and/or redevelopment requirements.

• B. Scope. This Section contains requirements for stormwater pollution control measures in Development and Redevelopment projects and authorizes the City of Lakewood to further define and adopt stormwater pollution control measures, develop LID principles and requirements, including but not limited to the objectives and specifications for integration of LID strategies, grant waivers from the requirements of the LID requirements, and collect funds for projects that are granted waivers. Except as otherwise provided herein, the City of Lakewood shall administer, implement and enforce the provisions of this Section.

• C. Applicability. The following Development and Redevelopment projects, termed "Planning Priority Projects," shall comply with the requirements of Article IX, Section 9379 et seq. The design of any required BMP's shall be subject to plan check by Building and Safety prior to the issuance of building permits for the project.

  1. Development Projects.

     • (a) All development projects equal to 1 acre or greater of disturbed area that adds more than 10,000 square feet of impervious surface area.

     • (b) Industrial parks 10,000 square feet or more of impervious surface area.

     • (c) Commercial malls 10,000 square feet or more of impervious surface area.

     • (d) Retail gasoline outlets with 5,000 square feet or more of impervious surface area.

     • (e) Restaurants (Standard Industrial Classification (SIC) of 5812) with 5,000 square feet or more of impervious surface area.

     • (f) Parking lots with 5,000 square feet or more of impervious surface area, or with 25 or more parking spaces.

     • (g) Streets and roads construction of 10,000 square feet or more of impervious surface area.

     • (h) Automotive service facilities (Standard Industrial Classification (SIC) of 5013, 5014, 5511, 5541, 7532-7534 and 7536-7539) 5,000 square feet or more of surface area.

     • (i) Projects located in or directly adjacent to, or discharging directly to an Environmentally Sensitive Area (ESA), where the development will:

       • (1) Discharge stormwater runoff that is likely to impact a sensitive biological species or habitat; and

       • (2) Create 2,500 square feet or more of impervious surface area.

• (j) New single-family dwelling and accessory structures are exempt from the Development Project requirements, as are any projects approved subject to a previously approved Vesting Tentative Map.

  2. Redevelopment Projects.

     • (a) Land disturbing activity that results in the creation or addition or replacement of 5,000 square feet or more of impervious surface area on an already developed site on Planning Priority Project categories.

     • (b) Where Redevelopment results in an alteration to more than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements, the entire project must be mitigated.

     • (c) Where redevelopment results in an alteration of less than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements, only the alteration must be mitigated, and not the entire development.

     • (d) Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety.

     • (e) Impervious surface replacement, such as the reconstruction of parking lots and roadways which does not disturb additional area and maintains the original grade and alignment, is considered a routine maintenance activity.

     • (f) Redevelopment does not include the repaving of existing roads to maintain original line and grade.

     • (g) Existing single-family dwelling and accessory structures are exempt from the Redevelopment requirements.

• D. Stormwater Pollution Control Requirements. The Site for every Planning Priority Project shall be designed in conformance with the City of Lakewood's "Low Impact Development (LID) Best Management Practices (BMP) Design Manual" to control pollutants, pollutant loads, and runoff volume to the maximum extent feasible by minimizing impervious surface area and controlling runoff from impervious surfaces through infiltration, evapotranspiration, bioretention and/or rainfall harvest and use.

  1. Street and road construction of 10,000 square feet or more of impervious surface shall follow the "City of Lakewood’s Green Street Policy and Guidelines".

  2. The remainder of Planning Priority Projects shall prepare a LID Plan to comply with the following:

     • (a) Retain stormwater runoff onsite for the Stormwater Quality Design Volume (SWQDv) defined as the runoff from:

       • (1) The 85th percentile 24-hour runoff event as determined from the Los Angeles County 85th percentile precipitation isohyetal map; or

       • (2) The volume of runoff produced from a 0.75 inch, 24-hour rain event, whichever is greater.

     • (b) Minimize hydromodification impacts to natural drainage systems as defined in order NO. R4-2012-0175.

• (c) When, as determined by the Approving Agency, 100 percent onsite retention of the SWQDv is technically infeasible, partially or fully, the infeasibility shall be demonstrated in the submitted LID Plan. The technical infeasibility may result from conditions that may include, but are not limited to:

  • (1) The infiltration rate of saturated in-situ soils is less than 0.3 inch per hour and it is not technically feasible to amend the in-situ soils to attain an infiltration rate necessary to achieve reliable performance of infiltration or bioretention BMPs in retaining the SWQDv onsite;

  • (2) Locations where seasonal high groundwater is within five to ten feet of surface grade;

  • (3) Locations within 100 feet of a groundwater well used for drinking water;

  • (4) Brownfield development sites or other locations where pollutant mobilization is a documented concern;

  • (5) Locations with potential geotechnical hazards;

  • (6) Smart growth and infill or redevelopment locations where the density and/or nature of the project would create significant difficulty for compliance with the onsite volume retention requirement.

  • (d) If partial or complete onsite retention is technically infeasible, the project Site may biofiltrate 1.5 times the portion of the remaining SWQDv that is not reliably retained onsite. Biofiltration BMPs must adhere to the design specifications provided in the Municipal NPDES Permit.

    • (1) Additional alternative compliance options such as offsite infiltration may be available to the project Site.

    • (2) The project Site should contact the Approving Agency to determine eligibility. Alternative compliance options are further specified in CASQA's Post-Construction BMP Handbook.

  • (e) The remaining SWQDv that cannot be retained or biofiltered onsite must be treated onsite to reduce pollutant loading. BMPs must be selected and designed to meet pollutantspecific benchmarks as required per the Municipal NPDES Permit. Flow-through BMPs may be used to treat the remaining SWQDv and must be sized based on a rainfall intensity of:

    • (1) 0.2 inches per hour, or

    • (2) The one year, one-hour rainfall intensity as determined from the most recent Los Angeles County isohyetal map, whichever is greater.

  • (f) A Multi-Phased Project may comply with the standards and requirements of this section for all of its phases by:

    • (1) Designing a system acceptable to the Approving Agency to satisfy these standards and requirements for the entire Site during the first phase, and

• (2) Implementing these standards and requirements for each phase of Development or Redevelopment of the Site during the first phase or prior to commencement of construction of a later phase, to the extent necessary to treat the stormwater from such later phase. For purposes of this section, "Multi-Phased Project" shall mean any Planning Priority Project implemented over more than one phase and the Site of a Multi-Phased Project shall include any land and water area designed and used to store, treat or manage stormwater runoff in connection with the Development or Redevelopment, including any tracts, lots, or parcels of real property, whether Developed or not, associated with, functionally connected to, or under common ownership or control with such Development or Redevelopment.

• E. Biennial Stormwater Facility Permit and Inspection. Each Planning Priority Project shall obtain and maintain a valid Biennial Stormwater Facility Permit issued by the Lakewood Public Works Department.

  1. The Biennial Stormwater Facility Permit shall be obtained prior to clearance of the building permit final inspection.

  2. Once every two years, or more often as need, an inspection shall be conducted to confirm that the BMP's are being maintained and are operating properly.

  3. The property owner shall correct any deficiency in the BMP's within 14 days of a notice of maintenance failure or other deficiency.

  4. The property owner shall pay the appropriate fees as established by separate resolution for the biennial permits and/or any special BMP inspections required for enforcement of the provisions of this Section.

• F. Covenant and Agreement. The property owner of each Planning Priority Project shall record with the County Recorder a "Covenant And Agreement Regarding On-site LID BMP Maintenance", to the satisfaction of the Public Works Director and prior to the clearance of the building permit final inspection, issuance of an occupancy permit or operation of the approved land use on the subject property.

  1. The transfer or lease of a property subject to maintenance requirements for LID BMPs shall include conditions requiring the transferee and its successors and assigns to either:

     • (a) Assume responsibility for maintenance of any existing LID BMP, or

     • (b) Replace an existing LID BMP with new control measures or BMPs meeting the then current standards of the City and MS4 Permit.

     • (c) Such requirement shall be included in any sale or lease agreement or deed for such property.

  2. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all LID BMPs at least once every two years and retain proof of inspection.