5150.40 Effective Date of Revocations

An order by the Council revoking or modifying a Variance, Conditional Use Permit, or nonconforming use, shall become final and effective 15 days after service of written notice of action upon the owner or operator of the use, whether or not a formal resolution has been adopted by the hearing body.

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APPENDIX A REGULATION OF USES BY ZONE DISTRICT

The matrix which follows provides a listing of land uses which are allowed by right or by administrative permit or conditional use permit and those land uses which are prohibited within each of the City’s zoning categories. The following symbols are used to describe the relationship of the listed land uses to each zone:

• “P” Indicates that a use is permitted by right.

• “P”* Indicates that a use is permitted by right but that certain development and use conditions apply, as outlined in Appendix B.

• “PA” Indicates that a use is permitted with an administrative permit. (1)

• “A” Indicates that a use is permitted as an accessory use only.

• “C” Indicates that a use requires a conditional use permit.

• “C”* Indicates that a use requires a conditional use permit and that specific development and use conditions apply, as outlined in Appendix B or C.

• “U” Indicates that the underlying zone determines whether or not the use is permitted.

• “O” Indicates that a use is permitted only in conjunction with the appropriate overlay zone.

• “H” Indicates that a use is permitted as a home occupation subject to the requirements of Appendix B.

• “T” Indicates that a use is permitted only as a temporary use.

• “X” Indicates that a use is prohibited.

• NOTE: R-3 = Residential; RS = Residential, Specialty Overlay; CC = Civic Center Overlay; C = Town Center Commercial; CM = General Commercial/Manufacturing;

  • OS = Open Space; PF = Public Facilities

  • (1) The administrative permit shall be issued by the Director of Building and Planning or his/her designee subject to a fee established by City Council resolution.

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Q: R-3 RS CC C CM M OS PF

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X: R-3 RS CC C CM M OS PF

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Y: R-3 RS CC C CM M OS PF

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Z: R-3 RS CC C CM M OS PF

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APPENDIX B: REGULATION OF PRINCIPAL USES PERMITTED

The City recognizes that certain uses, although permitted by right in specific zone districts, require additional development standards and use conditions beyond those specified for the applicable zone district. The additional standards are required to ensure that the use is operated in a manner that does not adversely impact surrounding uses. The following uses are subject to the following additional development standards and conditions.

1. Electrical Distribution Substations

a. Site plan review, pursuant to the provisions of Section 5110, shall be required for all electrical distribution and transmissions substations and similar facilities.

• b. Electrical distribution and transmission substations shall be established only on lots that conform to the minimum lot size requirements of the zone in which they are located. However, in no case shall such facilities be established on lots containing less than 5,000 square feet.

• c. All buildings, structures, and landscaping shall be visually compatible with surrounding development.

• d. All required setback areas shall be landscaped with live plant materials.

2. Entertainment Establishments Providing Dancing, Music, and Similar Activities

• a. Noise levels shall not exceed the standards set forth in the Noise Element of the General Plan or the City Noise Ordinance (whichever is lower) when measured at the nearest residential property lines.

• b. One private security guard shall be provided for each 400 square feet of public area.

• c. Dancing, music, and similar entertainment uses shall be limited to between the hours of 6:00 p.m. and 2:00 a.m.

• d. The City may apply additional requirements or limitations depending on the location, surrounding uses, and other considerations.

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3. Home Occupations

• a. The residence in which a home occupation is conducted shall not display any outwardly indication of a business.

• b. Only persons residing in the residence shall be involved in the business; no outside employees shall be permitted.

• c. No more than one room of the residence shall be used for business purposes. Required garages shall not be used for the business in any manner, including storage of materials, and no portion of the business shall be conducted out of doors.

• d. The business shall generate no more than 10 vehicle trips per day.

• e. Only one vehicle related to the business shall be permitted to park on the premises or in the immediate neighborhood. The vehicle shall not exceed a 3/4-ton capacity.

• f. Permitted equipment shall be limited to that normally associated with a residential use.

• g. The business shall not produce any noise, heat, vibration, glare, dust, or odor effects other than those ordinarily associated with a residential use.

• h. No actual retail sales shall be conducted on the premises other than sales by phone or mail.

• i. No signs, other than those permitted by the zone in which the home occupation is conducted, shall be permitted.

• j. All home occupation uses shall obtain and maintain a valid business license.

4. Pet, Household

• a. The number of domestic pets and birds maintained in a dwelling unit shall not exceed the number set forth in the Animal Regulations Ordinance or the City Health Code.

• b. All domestic pets and birds shall be cared for and otherwise maintained as required by the Animal Regulations Ordinance and City Health Code.

• c. No undomesticated wild or dangerous animal, other than cats or dogs, capable of inflicting injury or endangering the health and safety of any person shall be permitted.

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5. Laundromats

• a. Site plan review, pursuant to the provisions of Section 5110, shall be required for all new laundromats (as that term is defined in Section 2020.120).

• b. Except as herein set forth, no laundromat shall be open for business except between the hours of 6:00 a.m. and 10:00 p.m. The hours of operation shall be posted in a conspicuous place. No person other than an owner, manager, proprietor or person in charge thereof, and the servants regularly employed in and about the same, may be in such outside of such regular business hours. Any laundromat which has a licensed security guard or California peace officer on the premises full time between the hours of 8:00 p.m. and 6:00 a.m., may operate between the hours of 10:00 p.m. and 6:00 a.m. It shall not be deemed a violation of this subsection if a laundromat causes an attendant to close the doors at 10:00 p.m., prevents additional customers from entering, and removes all customers by 11:00 p.m.

• c. All laundromats shall be maintained in a clean and sanitary manner at al times. Laundromats shall not be used or permitted to be used for sleeping purposes. No persons other than agents of the laundromat and customers actively engaged in washing, drying or folding clothes shall be permitted upon the premises.

• d. Laundromat owners shall be responsible for assuring compliance with the requirements of this section. Regular patrol, at least every two hours, by a competent representative of the laundromat with authority and instructions to assure compliance with these conditions shall be deemed sufficient compliance herewith.

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APPENDIX C: REGULATION OF CONDITIONAL USE PERMIT USES

The City recognizes that certain uses, due to the nature of the use, require individual review by the Planning Commission to determine whether the use proposed, or the location of that use, is compatible with, or through the imposition of conditions, can be made compatible with, surrounding uses. Appendix A, Table of Permitted Uses, indicates which uses require Conditional Use Permit Review pursuant to Chapter 5100 of this Ordinance. Uses marked with a C* or which engage in the activities outlined herein shall be subject to the specific conditions indicated below. The Planning Commission, or City Council on appeal, may amend, omit, or add additional conditions as necessary to ensure compatibility.

1. Alcoholic Beverage Sales - General

The following provisions shall apply to all businesses involved in the sale of alcoholic beverages:

• a. A six-foot high masonry wall shall be constructed on any side or rear property line abutting a residentially-zoned property. The wall shall be constructed of six-inch thick decorative masonry block.

• b. Parking area exterior lighting shall be kept at an intensity between one and tow foot candles. The lighting shall not shine or direct glare onto adjacent residential properties.

• c. The premises shall be maintained in a litter-free and graffiti-free condition.

• d. The staff and management of the establishment shall not sell or dispense alcoholic beverages to obviously intoxicated persons.

• e. Security shall be provided to ensure that patrons do not cause disturbances on or about the premises.

• f. With regard to the following additional requirements, the following definitions shall be used:

  1. Primary Business - A business in which more than 25 percent of the gross revenues is derived from the sale of alcoholic beverages.

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2. Undue Concentration - An area having more than a reasonable number of businesses dispensing alcoholic beverages for off-site and/or on-site consumption. Factors to consider in determining whether an area has an undue concentration are:

   • a. The number of establishments selling alcoholic beverages for off-site consumption within 1,000 feet, 300 feet, and on the same block as the proposed site.

   • b. The number of establishments selling alcoholic beverages for on-site consumption within 1,000 feet, 300 feet, and on the same block as the proposed site.

   • c. The character of the area.

   • d. The consistency of the proposed use with the present and proposed uses in the immediate vicinity.

   • e. Whether the proposed use is to be located within a bona fide shopping center development.

   • f. Whether the proposed operator has the experience and training necessary to assure that the business will not create the types of problems often associated with an overabundance of alcoholrelated uses.

2. Alcoholic Beverage Sales - Off-Site Consumption As Primary Business

Establishments whose primary business involves the sale or dispensing of alcoholic beverages for off-site consumption shall comply with the following:

• a. Such businesses shall not be located within 300 feet of a church, school, or other public playground.

• b. Such businesses shall not be located within 1,000 feet of any other establishment dispensing alcoholic beverages for off-site or on-site consumption.

• c. Such businesses shall contain a minimum of 3,000 square feet of floor area.

• d. No service commercial use shall be conducted within the same building.

3. Alcoholic Beverage Sales - Off-Site Consumption As Accessory

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Establishments whose primary business is not the sale or dispensing of alcoholic beverages for off-site consumption but which do engage in alcoholic beverage sales for off-site consumption shall comply with the following:

• a. The business shall not be located in an area containing an undue concentration of establishments involved in alcoholic beverage sales.

• b. The business shall not be located in a building containing less than 3,000 square feet of floor area.

4. Alcoholic Beverage Sales - On-Site Consumption As Primary Business

• Establishments whose primary business involves the sale or dispensing of alcoholic beverages for on-site consumption shall comply with the following:

• a. Such businesses shall not be located within 300 feet of a church, school, or other public playground.

• b. Such businesses shall not be located within 1,000 feet of any other establishment dispensing alcoholic beverages for off-site or on-site consumption.

• c. Such businesses shall contain a minimum of 3,000 square feet of floor area.

• d. Such businesses shall not be located on the same parcel or lot as a pool hall, arcade, massage parlor, movie theater, or retail store, except within a bona fide shopping center, as defined by this Ordinance.

5. Alcoholic Beverage Sales - On-Site Consumption As Accessory

Establishments whose primary business is not the sale or dispensing of alcoholic beverages for on-site consumption but which do engage in alcoholic beverage sales incidental to food sales shall comply with the following:

• a. The business shall not be located in an area containing an undue concentration of establishments involved in alcoholic beverage sales.

• b. The business shall not be located in a building containing less than 3,000 square feet of floor area.

• c. Such businesses shall not be located within the same building as a pool hall, arcade, massage parlor, movie theater or retail store.

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6. Churches

• a. The minimum lot size requirement shall be 40,000 square feet.

• b. All buildings, structures, and landscaping shall be developed in a manner harmonious and compatible with development on surrounding properties.

• c. Exterior parking areas shall be screened with landscaping to consist of hedges, shrubs and/or dense trees.

• d. Establishment of a church does not automatically permit any school, day nursery, kindergarten, or any congregation of persons for purposes other than religious instruction, worship, or guidance. These additional uses shall be subject to the use requirements of the zone in which they are located.

7. Condominium Developments

• a. Condominium developments shall comply with all the standards for use and development applicable to the zone district in which they are located.

• b. Notwithstanding the requirements of Section 5130 of this Ordinance, all condominium developments shall be subject to Design Review.

• c. In addition to the application requirements set forth in Section 5040 of this Ordinance, an application for a condominium development shall include:

  • 1. A tentative subdivision map;
  • 2. Architectural renderings and elevations showing colors, textures, and the exterior treatment of all proposed structures;
  • 3. A landscape plan, including irrigation plans; and
  • 4. Other drawings, plans, or text required by the director of Planning and Building to further define the project.

• d. Conditions, covenants, and restrictions (CC&Rs) shall be submitted to and approved by the City Attorney prior to the effective date of the Conditional Use Permit. Such CC&Rs shall contain provisions assuring the maintenance of common areas by the Condominium Association and shall empower the City to perform such maintenance if not performed by the Association.

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8. Massage Establishments

• a. Massage establishments shall not be located within:

  • N 200 feet of any lot zoned solely for residential use; or

  • N 200 feet of any lot supporting any type of public or private elementary, junior high, or high school; or

  • N 200 feet of any lot supporting a City, County, or State owned, operated, or maintained park or playground; or

  • N 200 feet of any adult bookstore of adult motion picture theater, as these terms are defined in the Maywood Municipal Code; or

  • N 200 feet of any other massage establishment; or

  • N The same building as a pool hall, arcade, movie theater, or retail store.

• b. A six-foot high masonry wall shall be constructed along all side and rear property lines, except within the front yard setback, where the wall shall not exceed a height of three feet. The wall shall consist of six-inch thick decorative masonry block.

• c. Exterior lighting of the parking area shall be kept at an intensity of between one and two foot candles. Light and glare shall not spill over onto adjacent properties.

• d. The premises shall be kept in a litter-free and graffiti-free condition.

9. Parking Lot Associated With Commercial or Industrial Use

The following development standards and conditions of use shall apply to commercial parking lots established in the R-3 zone district:

• a. The parking lot must be located immediately adjacent to the commercial or industrial lot it is intended to serve.

• b. The parking facility shall be developed in accordance with the standards contained in Chapter 4100 (Parking and Loading) of this Ordinance.

• c. Parking attendant structures shall be limited in size to 30 square feet in floor area.

• d. No motor vehicle having a rated capacity of more than two tons shall be permitted to use the parking lot.

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• e. The parking lot shall not be accessible from any street which primarily serves residential development.

• f. Parking structures shall conform to the setback requirements applicable to primary structures in the R-3 district.

10. Second Units

a. Purpose

These regulations are intended to promote affordable housing as called for in the City of Maywood General Plan. The standards established herein are intended to protect the health, safety and welfare of the existing community and to be compatible with the established pattern of development in the City = s R-3 zoning district.

b. Applicability

The applicant for a building permit for a second unit shall be the owner and occupant of the primary dwelling unit of the lot on which the second unit is proposed to be built. The lot on which the second unit is proposed shall contain no more than one (1) single-family dwelling unit, the primary unit, and the lot shall be less than 50 feet in width. The second unit developed under herein shall not be sold or owned separately from the primary dwelling unit.

e the owner and occupant of the primary dwelling unit of the lot on which the second unit is proposed to be built. The lot on which the second unit is proposed shall contain no more than one (1) single-family dwelling unit, the primary unit, and the lot shall be less than 50 feet in width. The second unit developed under herein shall not be sold or owned separately from the primary dwelling unit.

c. Code Compliance

The property, including the existing primary dwelling unit and all existing accessory buildings and structures shall be inspected by the City to determine compliance with the Zoning Ordinance and the Building Codes. The property owner shall correct all identified code violations to the satisfaction of the Director of Building and Planning (the A Director @ ) prior to the issuance of a permit to build the secondary unit.

d. Permit Approval Procedure-Ministerial Action

Applications to build second units will be considered as a ministerial item. A building permit for a second unit shall be issued once the Director (1) determines that there are no outstanding code violations in the property, and (2) verifies that the second unit complies with all zoning and building code regulations contained herein. Within 30 calendar days after the application has been deemed complete, the Director and/or his/her designee shall approve, deny or conditionally approve the permit application.

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If the Director denies the application, the applicant may file an Appeal with the = City s Chief Administrative Officer on a form provided by the Building and Planning Department. The Appeal must be filed within 15 calendar days of the notice of the Director = s decision to deny the application.

e. Permit Application Contents

To be considered complete, an application for approval of a second unit shall include the following: i. A permit application form, provided by the Building and Planning Department. This form shall include a clause stating the = Applicant s request for a site inspection to determine whether any outstanding code violations exist on the property. This permit application form shall be signed by the applicant /property owner, under penalty of perjury, accompanied by a fee in the amount established under the City = s Fee Resolution: Plot Plan Review.

• ii. A Site Plan of the property, drawn to scale and fully dimensional, which shall include, but not limited to, the following:

  1. Name of property owner, street address and Assessor `=` s Parcel Number. 
  
  2. All streets, sidewalks, driveways, parking areas, patios and other surface areas. 
  
  3. All property lines and easements. 
  
  4. All existing structures on the subject property and all existing `=` 
  
  structures on adjacent properties that are within ten feet (10 ) of the `=` 
  
  subject property s property lines. 
  

  • iii. Scaled and fully dimensional floor plans and building elevations for both the existing single-family unit, existing garages/accessory structures, and for the proposed second unit.

f. General requirements and Design Standards

A second unit that is approved pursuant to this Section shall comply with all of the following standards and criteria:

• i. Number of second units. Only one-second unit is permitted for each residentially zoned parcel of less than 50 feet in width containing a primary single-family dwelling.

• ii. Location. A second unit may be attached to or detached from the existing primary dwelling unit.

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• iii. The utilities for the second unit shall be metered separately from that of the primary dwelling unit for electricity and gas service.

• iv. Floor area. The floor area of an attached/detached second unit shall not be less than 350 square feet and shall not exceed 850 square feet.

• v. Architectural design, materials and colors. An attached second unit shall match the design, construction materials and color palette of the existing primary dwelling. A detached second unit shall be designed to be architecturally compatible with the primary dwelling unit with respect to styling, roofing, window and door treatment, scale, constructions materials and color palette. There shall not be more than one exterior entrance on the front or any street-facing side of the second unit. Additionally, no exterior stairway shall be located on the front or any street-facing side of the second unit. Manufactured housing is allowed in compliance with the regulations and restrictions herein; however, mobile homes, trailers and recreational vehicles shall not be used as second units.

• vi. Compliance with R-3 Zoning Regulations. All second units shall comply with all applicable Building Code and Fire Code regulations. Detached second units shall meet all setback requirements for primary dwellings in the R-3 Zone, except as provided herein. Attached second units shall meet height and setback requirements established for the existing primary dwelling. The minimum separation between the primary dwelling unit =

• and a detached second unit shall be ten feet (10 ). If the property has a detached garage, the second unit shall maintain a separation of six feet =

• (6 ) from the existing garage.

• vii. Parking. One additional standard off-site parking space shall be provided for the secondary unit in addition to the off-street parking required for the existing primary dwelling pursuant to Table 4100.60, Number of Parking Spaces Required, of the Maywood Zoning Ordinance. Construction of the required parking space for the second unit shall conform to the standards established in Chapter 4100, Parking and Loading, of the Maywood Zoning Ordinance, except that the additional space may be uncovered. The uncovered parking space meeting this requirement shall be permitted in the setback areas or as a tandem parking, unless the Director of Building and Planning, the City Engineer , and/or the Fire Marshal make specific findings that parking in the setback areas or tandem parking is not feasible based upon specific site, topographical, or fire safety conditions. Parking within the setback areas or the use of tandem parking spaces may not be permissible on parcels with a narrow driveway because emergency access would be restricted. Moreover, any driveway in the parcel shall lead to the garage and may not constitute more than fifty percent (50%) of the frontage of the parcel. No additional

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curb cuts may be installed on the same frontage may be installed for the second unit. The parking space for the second unit shall not be located in a manner that blocks access to the parking area for the primary dwelling unit. The City shall not grant an overnight parking permit to a residential second unit.

• viii. Occupancy. The existing primary dwelling unit shall be owner occupied. The second unit may be rented or leased to a tenant(s).

• g. Any approved permit application for a second unit shall become null and void if not built within one (1) year from the date of permit approval, unless the applicant submits a written request for time extension. The Director may grant up to one (1) additional year to extend the approval. Any additional time shall require the filing of a new permit application.

• h. Appeals to the action of the Chief Administrative Officer. Any person aggrieved by the action of the Chief Administrative Officer regarding a second unit permit as provided herein shall have the right to appeal to the City Council. Such appeal shall be filed with the City Clerk within fifteen (15) days after notice in writing of the action by the Director of Building and Planning has been received by the applicant or has been mailed to the =

• applicant s last known address. The City Clerk shall set a time and place for hearing on such appeal before the City Council and notice of such hearing shall be given to the applicant by mailing the notice, postage prepaid, to the =

• applicant s last known address at least five (5) days prior to the date set for the hearing. The hearing shall be set within thirty (30) days following receipt of the notice of appeal. The hearing may be continued from time to time by the City Council, as it deems necessary. The City council may, in its discretion, grant or refuse the permit, basing its decision upon the standards set forth in this Appendix C and other provisions of the Zoning Ordinance pertinent to the issuance of a second unit permit.

11. Swap Meets

• a. Swap meets shall be established only in buildings containing 10,000 square feet or more of gross floor area.

• b. The lot on which the business is proposed to be located shall abut one or more of the following streets: Slauson Avenue, Atlantic Boulevard, or Maywood Avenue.

• c. City business licenses and State Seller Permits shall be obtained by every tenant operating a stall space.

• d. No more than one business license shall be granted per 200 square feet of building floor area.

• e. The minimum average square footage of a partitioned cubical or stall space (booth) shall be 200 square feet. The minimum size for an individual stall shall be 100 square feet, and no more than 25 stall spaces shall be permitted to contain 100 square feet.

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• f. No adult business, as defined in the Maywood Municipal Code, shall be permitted.

• g. No loudspeakers or sound equipment which can be heard from exterior or semi-public areas shall be used on the premises.

• h. Metal or wood studs and drywall which has been taped, textured, and painted shall be used to partition stall spaces. Each stall space shall be partitioned with partition walls at a height of not less than five feet, six inches. Scissor-type gating shall not be used to separate vendors or vending areas.

• I. All floor areas of tenant spaces, grating for food spaces, shall be covered with a single color and type of high-grade tile or carpeting.

• j. Aisles shall have a minimum width of seven feet.

• k. A minimum of four skylights shall be provided in the roof to allow for increased interior illumination. Each skylight shall have minimum dimensions of four feet by eight feet.

• l. Roll-up painted steel doors shall be provided for each stall. Doors shall be or open gate material or solid steel, painted with graphics.

• m. The premises shall be open for business a minimum of six days per week.

• n. Security personnel shall be provided during hours of operation,

• o. The premises shall contain for public use a minimum of two toilets for females and one toilet and one urinal for males.

12. Used Motor Vehicle Sales

• a. The minimum lot width of any site supporting a used motor vehicle sales business shall be 100 feet.

• b. The minimum lot area shall be 10,000 square feet.

• c. Buffer walls and landscaping shall be as provided as required for the zone district in which the use is located.

• d. A building containing not less than 200 square feet shall be maintained on the lot supporting the business. The building shall be a permanent structure; portable buildings or mobile homes are not permitted.

13. Car Washes, Full Service

• a. The minimum lot width of any site supporting a full service car wash shall be 150 feet.

• b. The minimum lot area of the full service car wash shall be 15,000 square feet.

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• c. Buffer walls and landscaping shall be provided as required for the zone district in which the use is located.

• d. Each full service car wash project shall be subject to the Site Plan Review process, as specified in Section 5120, for placement of driveways, structures, buffer walls and landscaping, and consideration of the environmental impact of the car wash.

• e. Not less than 85% of the water used shall be recycled and no water shall reach the sewer system without first being clarified according to the latest technology for car washes.

14. Propane Dispensing Businesses

The following provisions shall apply to all businesses dispensing propane:

• a. Site plan review, pursuant to the provisions of Section 5110, shall be required for all businesses dispensing propane in the City of Maywood.

• b. No business dispensing propane shall be permitted on land which is adjacent to residential property. A separation of not less than fifty (50) feet shall be maintained between the propane dispensing facilities and any residential property.

• c. Propane shall not be dispensed upon any land which contains a minimum lot width less than one hundred (100) feet or a minimum lot area less than ten thousand (10,000) square feet.

• d. A permanent building containing not less than two hundred (200) square feet shall be maintained on the lot supporting the business. No temporary or portable building or mobile home shall be permitted on the same lot as such business.

• e. Dispensing of propane shall not occur from any portable facility or truck and shall only be dispensed from a stationary, fixed facility.

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