Chapter 17.52 — OFF-STREET PARKING

The purpose of the off-street parking regulations is to alleviate and prevent congestion of the public streets and so promote the safety and welfare of the public by establishing minimum off-street parking requirements for every use permitted by this code.

(Prior code § 9246)

Any building or structure erected or located, and any use of land established after the effective date of this code or any subsequent amendments, shall be required to provide off-street parking facilities in accordance with the provisions hereof.

(Prior code § 9246.1)

When the intensity of use of any building, structure or premises is increased through the addition of dwelling units, floor area, seating capacity or other units of measurement specified herein, the additional required parking and loading facilities for such increase shall be provided. In addition, the required parking and loading facilities existing cannot be reduced unless substitute spaces are provided in accordance herewith.

(Prior code § 9246.2)

Nothing in this code shall prevent the voluntary establishment of off-street parking facilities in excess of those required; provided, that all regulations governing the location, design and operation of such facilities are adhered to.

(Prior code § 9246.3)

For parking requirements, refer to Exhibit 17.52.050, off-street parking requirements.

EXHIBIT 17.52.050

OFF-STREET PARKING REQUIREMENTS*

• See Sections 17.52.070 through 17.52.170 for general regulations and development standards.

(Prior code § 9246.4)

(Ord. No. 2415A, § 2, 9-11-2019)

17.52.060 - Parking space requirements for uses not specified.

The requirement for a use not specifically mentioned will be the same as for a use specified which has similar traffic generating characteristics. The planning commission will determine what constitutes a similar use.

(Prior code § 9246.5)

17.52.070 - Development standards—Size of parking spaces.

A.

Residential Zones. All parking spaces required for residential use shall be at least ten feet in width, nor less than twenty feet in depth. The width of each required enclosed parking space may be reduced in order to accommodate columns and end walls where necessary; provided, that no such parking space shall have a width of less than nine feet six inches.

B.

All Other Zones. The minimum size of a parking space (whether or not required) shall be a width of eight feet and six inches and a length of eighteen feet, with no obstructions allowed. Such spaces shall be striped with double lines spaced six inches apart.

C.

Each parallel off-street parking space shall have a length of twenty-two feet.

(Prior code § 9246.6 (A))

17.52.080 - Development standards—Parking area circulation.

A.

Minimum aisle widths shall be provided depending upon the angle of the parking spaces they serve. (See Exhibit B at the end of this chapter, parking standards chart.)

B.

Parking areas and driveways serving five or more dwelling units, and serving any commercial or industrial use shall be arranged to permit traffic to move in and out of parking areas, driveways and ramps without the backing of any vehicle onto a street or highway.

C.

One-way driveways, ramps and aisles shall have directional markings to indicate one-way circulation.

D.

Parking areas, driveways, maneuvering aisles, ramps and turnaround areas shall be kept free of obstructions at all times.

E.

Required parking spaces shall be located a sufficient distance from any access opening onto a warehouse building so as to provide for unobstructed vehicle loading in these areas.

(Prior code § 9246.6 (B))

A.

Driveways serving parking areas shall have the following widths:

1.

Parking areas for four or less vehicles, one driveway at least ten feet in width;

2.

Parking areas for five to eleven vehicles, one driveway at least twelve feet in width;

3.

Parking areas for twelve or more vehicles, one driveway for entrance, and one driveway for exit, each at least ten feet in width; or a single driveway at least sixteen feet in width;

4.

Garage door openings serving a single parking space shall be at least eight feet in width.

B.

Common driveways shall be allowed when proper easement or agreements have been executed and filed with the city. The driveway shall not be more than five hundred feet from the street or alley to the parking area served.

(Prior code § 9246.6 (C))

The location and design of all street or alley entrances and exits to off-street parking facilities shall be subject to the approval of the city engineer.

(Prior code § 9246.6 (D))

A.

Off-street Parking Facilities. Spaces, driveway, maneuvering aisles, turnaround areas and ramps shall have a vertical clearance of at least seven feet for their entire required area.

B.

The R-3 and R-4 zones shall provide a minimum vertical clearance of fourteen feet for the full required width of all required driveways.

(Prior code § 9246.6 (E))

17.52.120 - Development standards—Surfacing.

A.

All parking spaces, maneuvering areas, turnaround areas and driveways used for access shall be paved with:

1.

Concrete surfacing to a minimum thickness of three and five-eights inches; expansion joints shall be included as necessary; or

2.

Asphalt-type surfacing compacted to a minimum thickness of one and one-half inches, laid over a base of crushed rock, gravel or similar material compacted to a minimum thickness of three inches.

B.

Such surfacing shall be designed, constructed and maintained so as to dispose of all surface water. In no case shall such drainage be allowed to flow over or across public sidewalks.

(Prior code § 9246.6 (F))

All parking spaces shall be striped with double lines spaced six inches apart. (C and M zones).

(Prior code § 9246.6 (G))

Every parking space that is not separated by a fence or wall from any street or alley property line upon which it abuts, and every parking space which fronts a building wall or fence with no separation between the front end of the parking space and the wall or fence, shall be provided with a suitable concrete wheel stop or curb barrier not less than two feet from such street or alley, wall or fence property line. Such wheel stop or curb barrier shall be securely installed and maintained.

(Prior code § 9246.6 (H))

17.52.150 - Development standards—Landscaping.

A.

The design, development and maintenance of all landscaping required by the development standards shall be subject to approval of the city planner.

B.

All landscaping provided in conjunction with the development of parking facilities serving commercial and manufacturing zoned properties shall be surrounded by a continuous six inch concrete curb.

(Prior code § 9246.6 (I))

A.

In any zone, except zones R-1 and R-2, where parking spaces, driveways, maneuvering aisles or turnaround areas are located adjacent to and within fifty feet of any property line separating the site from any public street, the following screening techniques shall be used (See Exhibit 17.52.160).

1.

A solid masonry wall, between two and three feet in height, shall be constructed and maintained parallel to and not nearer than five feet to such property line; or

2.

A solar screen type decorative masonry wall or combination solid masonry wall and decorative masonry wall between two and three feet in height shall be constructed and maintained at such property line with a minimum continuous six-inch solid concrete curb located parallel to and not nearer than five feet to such property line; or minimum continuous six-inch solid concrete curb located parallel to and not nearer than five feet to such property line; or minimum continuous six-inch solid concrete curb located parallel to and not nearer than five feet to such property line; or

3.

An earthen mound between one and two feet in height and four feet in width, upon which landscaping shall be installed and permitted to grow to a maximum height of three feet. The mounded area shall be surrounded by a minimum continuous six-inch high solid concrete curb.

B.

In all cases the minimum five-foot setback distance shall be developed and maintained with suitable landscaping and irrigation. Development plans indicating the quantity, type and location of landscaping shall be submitted and be subject to the approval of the city planner.

C.

The maximum height of the screen walls mentioned herein may be increased on properties in the M zone where higher walls or fences are required for enclosure of outdoor storage areas.

D.

Every parking area for five or more cars which abuts an R zone shall be screened by a decorative masonry wall (or nondecorative wall with landscaping). No wall is required if the elevation of the parking area is six feet below the elevation of the residential property along the common property line.

(Prior code § 9246.6 (J))

EXHIBIT 17.52.160

SCREENING

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17.52.170 - Development standards—Signs.

Where required for public safety, appropriate exit, entrance and directional signs shall be erected in the manner prescribed by the city engineer. (See Chapter 17.62 of this code for sign regulations.)

(Prior code § 9246.6 (K))

17.52.180 - Plot plans.

A.

A plot plan for any proposed parking area shall be submitted subject to the approval of the city planner at the time of an application for a building permit for any building or structure for which the parking area is to be used. Where no building permit is required, such plot plan shall be submitted prior to use and occupancy of such parking facilities. The plan shall clearly indicate the proposed development, including location, size, shape, design, curb cuts, lighting, landscaping and other features of the proposed parking facilities.

B.

Notwithstanding any other provisions of this code, where the city planner finds, from an examination of an application for a building permit, that a proposed off-street parking facility or use, would or could cause a traffic hazard or unreasonable congestion in the flow of such traffic upon the subject property, or on any public street or alley adjacent to the property upon which such parking facility or use is proposed to be located, she/he shall refuse to approve such plan. The city planner shall, within one working day after such determination, notify the building official of such action. The building official shall refuse to approve any building permit for any building or structure proposed to be used in conjunction with such parking facilities. The building official shall, within five days of receipt of such notice from the city planner, advise the applicant of the action taken, and the reason therefor. The notice shall be by United States mail, postage prepaid, addressed to the applicant at the last known address.

C.

The city planner's decision shall be final, unless within thirty days after the mailing of such notice, the applicant appeals the city planner's decision to the planning commission, by filing a written letter of appeal with the secretary of the commission, who shall set the same for hearing upon the next most convenient agenda of the planning commission. The secretary of the planning commission shall give the applicant at least five working days' written notice of the time and place of hearing.

D.

At the time of such hearing, the planning commission shall permit the applicant a reasonable opportunity to be heard. The planning commission shall also consider any applicable staff report, in order to determine whether the proposed parking facilities or use, will or might create or cause a traffic hazard, or unreasonable congestion of the traffic flow upon adjacent public street or alleys. The burden of proof to show that such conditions do not exist shall be upon the applicant.

E.

The planning commission's decision shall be final in the absence of an appeal to the city council in the time and manner described in Chapter 17.78 of this code.

F.

In case of such appeal, the city council shall conduct a hearing, and determine the case in the same manner as that prescribed herein with reference to the planning commission.

(Prior code § 9246.7)

Parking areas shall be located on a lot only where main or accessory buildings are permitted, excluding land within the rights-of-way of a proposed street or highway or within the planned ultimate right-of-way width of a

street or highway. All ramps, structures, parking or loading facilities shall be designed and constructed to meet ultimate highway, street and alley construction.

(Prior code § 9246.8)

17.52.200 - Location of parking facilities.

Off-street parking facilities shall be located as follows. Where a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking facility to the nearest point of the building that the facility is to serve:

A.

For dwelling units, parking facilities shall be on the same lot or building site as the dwelling unit;

B.

For hospitals, sanitariums, homes for the aged, asylums, orphanages, roominghouses, lodginghouses, club rooms, fraternity and sorority houses, not more than one hundred fifty feet from the buildings they are required to serve;

C.

For retail, commercial, office and assembly uses, not more than three hundred feet from the building they serve;

D.

For use other than those specified in subsections A, B and C of this section, not over one thousand feet from the building they serve, except as provided herein.

(Prior code § 9246.9)

17.52.210 - Computing parking for mixed occupancies in a building.

In the case of mixed uses in a building or on a lot, the total required number of off-street parking spaces shall be the sum of the requirements for the various uses.

(Prior code § 9246.10)

17.52.220 - Common facilities.

Common parking facilities serving more than one use may be provided in lieu of individual requirements, but such facilities shall be approved by the city planner, as to size, shape and relationship to business sites to be served.

The total of such off-street parking spaces shall not be less than the number required for various uses.

(Prior code § 9246.11)

17.52.230 - Computation of required parking spaces.

A.

Consideration of Fractional Remainders. Where calculation of the number of spaces required results in a fractional number, any fraction equaling one-half or more shall be rounded to the next higher whole number.

B.

Parking in Buildings:

1.

Where required parking computations are based on floor area, floor space devoted to parking within the building shall not be included in this computation.

2.

Covered sheds with open side walls shall be deemed to be enclosed buildings for purposes of this subsection, when the same are used only for lumber storage, loading docks, hay barns, pipe or metal storage, or any similar use.

C.

Loading Spaces:

1.

Required spaces.

2.

Size. Each off-street loading space shall be not less than twelve feet in width and thirty feet in length and fifteen feet in height. Where four or more spaces are required, one-quarter (twenty-five percent) of the spaces shall have a minimum width of fourteen feet and a minimum length of sixty feet. Loading facilities shall be designed such that the largest anticipated trucks shall not (when loading or unloading) extend into parking or back-up and maneuvering area for required parking.

3.

Location. Off-street loading facilities shall be located and designed so that the largest anticipated vehicles shall not encroach into public sidewalks, streets or required driveways in the course of loading or unloading goods.

D.

Handicap Accessible Parking Spaces. The size and location of handicap accessible parking spaces shall be provided in a manner consistent with applicable state statutes.

(Ord. 2193 § 5(d), 1999; prior code § 9246.12)

The planning commission may authorize the joint use of parking facilities by the following type of uses under the following conditions:

A.

Up to fifty percent of the parking facilities used primarily for a daytime use may be provided by the parking facilities used primarily for a nighttime and/or Sunday use. The reverse is also true: up to fifty percent of the parking facilities used primarily for a nighttime and/or Sunday use may be provided by the parking facilities used primarily for a daytime use.

B.

Up to one hundred percent of the parking facilities required herein for a church or for an auditorium incidental to an educational institution may be supplied by parking facilities used primarily for daytime use.

C.

Conditions Required for Joint Use.

1.

The applicant shall show that there is no substantial conflict in the principle operating hours of the buildings or uses for which the joint use of off-street parking facilities is proposed.

2.

Parties concerned in the joint use of off-street parking facilities shall show legal agreement for such joint use. The agreement, when approved as conforming to the provisions hereof shall be recorded in the office of the county recorder and copies filed with the city.

(Prior code § 9246.13)

17.52.250 - Ownership of parking facilities.

Property on which required parking facilities are established shall be:

A.

Under the same ownership as the lots or parcels or land containing the use or uses to be served: or

B.

When required parking facilities are located on a lot which is not in the same or joint ownership as the lot containing the use or uses to be served, the affected property owner(s) shall show agreement for the use of such

property by a legal document approved by the city attorney. Such agreement shall provide that if the same is terminated, the use served by the parking facilities shall also be terminated if other adequate parking facilities are not provided.

(Prior code § 9246.14)

17.52.260 - Maintenance of parking facilities.

A.

All parking areas shall be kept clean and free of dust, mud or trash. Parking areas shall be used only for the purposes of parking vehicles. Where landscaping is provided within or along parking areas, adequate irrigation and maintenance shall be provided.

B.

Striping, marking, directional signs, lighting, screening and all other improvements required by this title shall be adequately maintained.

(Prior code § 9246.15)

Properties which are included in a planned comprehensive parking district, formed under a special assessment district proceeding, shall be exempted from the provisions hereof under the following circumstances:

A.

That the planning commission shall conduct a public hearing with notice in the same manner as variances or conditional use permits (See Chapter 17.78 of this code, public hearings); and

B.

That at the public hearing the commission shall determine and recommend to the council whether or not the district should be formed, based upon the following:

1.

Whether the public interest, convenience and necessity so requires, and

2.

Whether the district, as established, will substantially comply with the purpose and intent hereof, and

3.

Whether the exemption, if granted, should be conditional to insure that the purpose and intent of the provisions hereof are met.

C.

Upon receipt of a recommendation by the planning commission, the city council shall conduct a hearing in the same manner as that held by the planning commission, and shall determine whether the exemption from the

provisions hereof should be granted, it shall have the authority and power to grant the exemption, with conditions, if necessary, to insure that there is compliance with the provisions hereof, and to insure compatibility of the physical facilities with surrounding and adjacent properties and uses. Such conditions may include, but are not limited to, a limitation upon the extent to which the construction of new buildings and structures, or the reconstruction or expansion of existing buildings or structures located on the lots included in the district shall be permitted.

(Prior code § 9246.16)

A.

Tandem, stacked, valet and attended off-street parking are subject to approval of a parking management plan by the planning commission.

B.

The planning commission may allow the off-street parking supply requirements of this chapter to be met through approval of the following types of tandem or stacked off-street parking for a commercial and/or industrial use of an existing building through a parking management plan (Section 17.52.310), provided that no fee is charged to the users of such alternative methods for meeting the off-street parking requirements of this chapter:

1.

Employee-only parking (when tandem spaces are assigned to employees of the same business);

2.

Attended parking for medical-oriented businesses or other uses approved by the planning commission;

3.

Valet parking for uses such as restaurants or other uses approved by the planning commission.

(Ord. 2193 § 5(a), 1999: prior code § 9246.17 (A))

The parking of motor vehicles shall be without monetary charge when such parking is required in conjunction with uses permitted hereby.

(Prior code § 9246.17 (B))

The parking facilities required hereby shall be only for the temporary parking of vehicles used in conjunction with the uses they serve.

(Prior code § 9246.17 (C))

Application for a parking management plan shall be submitted by the property owner, the owner of an existing or proposed business on the site, or an authorized agent thereof, to the planning commission on a form provided for that purpose by the city. Such an application shall be submitted to the planning department accompanied by the required filing fees in an amount established by resolution of the city council. Such applications shall be considered and may be approved or approved with conditions by the planning commission subsequent to conducting a public hearing consistent with the procedures contained in Chapter 17.78 of this code.

A.

Application. The following shall be submitted as a part of the application:

1.

A completed application on a form provided for this purpose by the planning department; and

2.

A narrative which explains in detail the intent and operation of the parking management plan, and including information on the hours of operation for the applicant business and the building, the terms of any parking attendant agreement, any provisions for monitoring implementation of the plan, and any other relevant information.

3.

Seventeen copies of the following:

a.

A fully dimensioned and detailed plot plan of the subject site indicating the location and dimensions of all existing and proposed off-street parking areas; and

b.

Any other material the director of planning may deem necessary to accurately describe the proposal to the planning commission.

B.

Findings. A parking management plan may be approved or conditionally approved by the planning commission only if the following findings can be made:

1.

The proposed use is consistent with the general plan, any applicable specific plans, and the general intent of the zoning code;

2.

The surrounding properties will not be adversely affected by approval of the proposed parking management plan; and

The proposed parking management plan is appropriate for the proposed land use; and

4.

That adequate off-street parking for customers, clients, visitors, and employees will be available for the proposed land use; and

5.

The parking management plan includes provisions for periodic monitoring by the city to identify any problems associated with implementation of the plan and to adjust the plan as necessary. Any costs to the city incurred as a result of such monitoring shall be paid by the property owner upon request of the city.

(Ord. 2193 § 5(b), 1999)

In conjunction with approval of a parking management plan, the planning commission may authorize a reduction in the number of required off-street parking spaces when trip reduction and travel demand measures are provided for any business seeking to occupy an existing building. The applicant shall document the mode(s) of transportation to be used by each employee (to be updated on an annual basis), and that the available supply of off-street parking for the applicant business will be adequate to meet the demand for such parking without imposing any fee for the use of such parking.

A.

Application Form, Filing Fee. Application for such a reduction in the required supply of off-street parking shall be made by the property owner, or the business owner of an existing or proposed business on the site, or by an authorized agent thereof, to the planning commission on a form provided for that purpose by the city. Such application shall be submitted to the planning department accompanied by filing fees in an amount established by resolution by the city council.

B.

Additional Submittal Requirements. In addition to the parking management plan submittal requirements, the following shall be submitted as a part of the application for a parking reduction based on documenting modes of employee transportation:

1.

A fully dimensioned and detailed plot plan of the subject site indicating the location of all existing and proposed parking;

2.

A narrative describing alternative modes of transportation to be used by each employee, the permanency of such modes, the extent of the program, and other pertinent information;

3.

Other material the director of planning may deem necessary to accurately describe the proposal to the planning commission.

(Ord. 2193 § 5(c), 1999)

EXHIBIT A

MINIMUM TURNING RADII

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PART A - MINIMUM TURNING RADII

R[1 ] Minimum turning radius 24 feet outside front bumper.

r[2 ] Minimum turning radius 14 feet inside rear wheel.

EXHIBIT B

STANDARDS CHART - 8′6″ × 18′ SPACES

PARALLEL, ANGLE AND RIGHT ANGLE PARKING— OVERLAPPED AND HERRINGBONE

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(1) Width of aisle permits two-way circulation only when a turnaround is provided.

(2) Width of aisle permits two-way circulation.

EXHIBIT C

DIAGRAMS

8½′ × 18′ SPACES—8½′ × 20′ SPACES

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EXHIBIT D

RAMPS AND RAMP GRADES

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NOTE:

1. Ramp profiles shall be submitted as part of parking plan.

2. Public sidewalk will not be modified to accommodate blend.

3. Ample pedestrian and vehicular sight distance shall be maintained.

4. Short ramps, under 65′ in length shall not exceed a maximum slope of 16% with a 10′ blend.

Chapter 17.53 - TRIP REDUCTION AND TRAVEL DEMAND MEASURES

17.53.010 - Definitions.

The following words or phrases shall have the following meanings when used with respect to this chapter.

"Alternative transportation" means the use of modes of transportation other than the single passenger motor vehicle, including but not limited to carpools, vanpools, buspools, public transit, walking and bicycling.

"Applicable development" means any development project that is determined to meet or exceed the project size threshold criteria contained in Section 17.53.020.

"Buspool" means a vehicle carrying sixteen or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule.

"Carpool" means a vehicle carrying two to six persons commuting together to and from work on a regular basis.

"The California Environmental Quality Act (CEQA)" means the Public Resource Code 21000 et seq. which requires all government agencies in the state of California to evaluate the extent of any environmental adverse impact posed by proposed development.

"Developer" means the builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing the provisions of this chapter as determined by the property owner.

"Development" means the construction or addition of new building square footage. Additions to buildings which existed prior to the adoption of the ordinance codified in this chapter and which exceed the thresholds defined in

Section 17.53.020 shall comply with the applicable requirements but shall not be added cumulatively with existing square footage; existing square footage shall be exempt from these requirements. All calculations shall be based on gross square footage.

"Director" means the director of planning.

"Preferential parking" means parking spaces designated or assigned, through use of a sign or painted space markings for carpool and vanpool vehicles carrying commute passengers on a regular basis that are provided in a location more convenient to a place of employment than parking spaces provided for single-occupant vehicles.

"Property owner" means the legal owner of a development who serves as the lessor to a tenant. The property owner shall be responsible for complying with the provisions of the ordinance either directly or by delegating such responsibility as appropriate to a tenant and/or his agent.

"South Coast Air Quality Management District (SCAQMD)" is the regional authority appointed by the California State Legislature to meet federal standards and otherwise improve the air quality in the South Coast Air Basin (the non-desert portions of Los Angeles, Orange, Riverside and San Bernardino Counties).

"Tenant" means the lessee of facility space at an applicable development project.

"Transportation demand management (TDM)" means the alteration of travel behavior, usually on the part of commuters, through programs of incentives, services, and policies. TDM addresses alternatives to singleoccupant vehicles such as carpooling and vanpooling, and changes in work schedules that move trips out of the peak period or eliminate them altogether (as is the case in telecommuting or compressed work weeks).

"Trip reduction" means reduction in the number of work-related trips made by single-occupant vehicles.

"Vanpool" means a vehicle carrying seven or more persons commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven to fifteen adult passengers, and on a prepaid subscription basis.

"Vehicle" means any motorized form of transportation, including but not limited to automobiles, vans, buses and motorcycles.

(Ord. 2079 § 3 (part), 1993: prior code § 9246.18)

17.53.020 - Transportation demand and trip reduction measures.

Prior to approval of any development project, the applicant shall make provisions for, at a minimum, all of the following applicable transportation demand management and trip reduction measures. This section shall not apply to projects for which development application has been deemed "complete" by the city of pursuant to Government Code Section 65943, or for which a notice of preparation for a draft EIR has been circulated or for which an application for a building permit has been received, prior to the effective date of the ordinance codified in this chapter. All facilities and improvements constructed or otherwise required shall be maintained in a state of good repair.

A.

Development Standards—Twenty-Five Thousand Square Feet or More. Nonresidential development of twentyfive thousand square feet or more of building floor area shall provide the following to the satisfaction of the city:

A bulletin board, display case or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information in the area shall include, but is not limited to, the following:

a.

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

b.

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

c.

Ridesharing promotional material supplied by commuter-oriented organizations;

d.

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

e.

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

B.

Development Standards—Fifty Thousand Square Feet or More. Nonresidential development of fifty thousand square feet or more of building floor area shall comply with subsection A of this section and shall provide all of the following measures to the satisfaction of the city:

1.

Not less than three percent of the total number of required parking in commercial projects; eight and one-half percent of the total number of required parking in office/professional projects; and nine percent of the total number of required parking in wholesale, warehouse, industrial and manufacturing projects shall be located as close as is practical to the employee entrance(s), and shall be reserved for use by potential carpool/vanpool vehicles, without displacing handicapped and customer parking needs. This preferential carpool/vanpool parking area shall be identified on the site plan upon application for building permit, to the satisfaction of the city. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining such spaces must be included on the required transportation information board. Spaces will be signed/ striped as demand warrants; provided that at all times at least one space for projects of fifty thousand square feet to one hundred thousand square feet and two spaces for projects over one hundred thousand square feet will be signed/striped for carpool/vanpool vehicles.

2.

Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of seven feet two inches shall be provided for those spaces and accessways to be used by such vehicles. Adequate turning radii and parking space dimensions shall also be included in vanpool parking areas.

Bicycle racks or other secure bicycle parking shall be provided to accommodate four bicycles per the first fifty thousand square feet of nonresidential development and one bicycle per each additional fifty thousand square feet of nonresidential development. Calculations which result in a fraction of .5 or higher shall be rounded up to the nearest whole number. A bicycle parking facility may also be a fully enclosed space or locker accessible only to the owner or operator of the bicycle, which protects the bike from inclement weather. Specific facilities and location (e.g., provision of racks, lockers, or locked room) shall be to the satisfaction of the city.

C.

Development Standards—One Hundred Thousand Square Feet or More. Residential development of one hundred thousand square feet or more of building floor shall comply with subsections A and B of this section, and shall provide all of the following measures to the satisfaction of the city.

1.

A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers;

2.

Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development;

3.

If determined necessary by the city to mitigate the project impact, bus stop improvements must be provided. The city will consult with the local bus service providers in determining appropriate improvements. When locating bus stops and/or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transit stations/stops;

4.

Safe and convenient access from the external circulation system to bicycle parking facilities onsite.

(Ord. 2079 § 3 (part), 1993: prior code § 9246.19)

The city shall use the following methods to enforce compliance with Section 17.53.020.

A.

Certificate of Occupancy. Where a TDM measure is required, that information shall be included on the building or site plan and a certificate of occupancy shall not be issued by the building official until compliance with the TDM ordinance is verified by the director.

B.

Stop-Work Order. Where a TDM measure is to be implemented during site preparation or building construction, nonimplementation or other violation of the ordinance shall result in either notification of the violation by the director or a stop-work order issued by the building official until compliance is achieved.

C.

Subsequent Violations. Violation of an approved TDM measure subsequent to building completion and occupancy shall result in one or more of the following actions:

1.

Written notification and demand for correction of the violation by the director;

2.

Prosecution by the city attorney;

3.

A lien against the real property subject to the violation in the amount necessary to correct the violation.

(Ord. 2079 § 3 (part), 1993: prior code § 9246.20)

Chapter 17.54 - NONCONFORMING USES AND STRUCTURES

Within the districts established by this title or amendments that may be adopted in the future, there are uses, buildings and structures that were lawful before this title was amended, but which would be prohibited, regulated or restricted under the ordinance as now in force. The following regulations permit the reasonable continuation of these uses, buildings and structures, but also eliminate them under certain circumstances over a period of time.

(Prior code § 9247)

Each nonconforming use, building and structure may be used and maintained, provided there is no alteration, addition or enlargement to any such use, building or structure, except as otherwise provided herein, or as specified as a condition of approval granted in accordance to Section 17.54.090, 17.54.110 or 17.54.120 of this chapter.

(Ord. 2167 § 5, 1997: prior code § 9247.1)

So long as a nonconforming use, building or structure exists upon any lot, no new use, building or structure may be established or constructed, except as provided herein, or as specified as a condition of approval granted in accordance to Section 17.54.090, 17.54.110 or 17.54.120 of this chapter.

(Ord. 2167 § 6, 1997: prior code § 9247.2)

The following section applies to all nonconforming buildings and structures. (See Chapter 17.08 of this code, Definitions.)

A.

Conforming Buildings. This section shall not place any limitation upon reconstruction, repair or remodeling by the property owner where the building or structure is conforming but the use is not.

B.

Nonconformity—Termination and Abatement.

1.

Termination. Nonconforming buildings and structures may continue in all zones unless any of the following occurs:

a.

The nonconforming building or structure has been removed or demolished (that is, more than fifty percent of the exterior walls are removed) for any reason except as provided in subsection C of this section;

b.

There is a change from a nonconforming use to a conforming use; or

c.

There is an increase or enlargement of the area, space or volume of the building, structure or land devoted to the nonconforming use, except as provided here.

2.

Abatement By Operation of Law. Nonconforming buildings and structures shall be abated, and usage shall be terminated upon the expiration of the periods of time indicated hereafter in this subdivision. The period of time shall begin on the date that such use, building or structure first became nonconforming by reason of the provisions of the zoning regulations of the city:

a.

The nonconforming building or structure has been abandoned for six months or more; or

b.

A nonconforming building or structure housing a nonconforming use: five years; or

c.

Nonconforming buildings or structures shall be abated, and the usage terminated, within the periods of time as herein set forth, based on the type of construction as defined in the building regulations of the city, as follows:

i.

Type IV and type V buildings per 1985 Uniform Building Code (light incombustible frame and wood frame buildings and structures): thirty-five years; and

ii.

Type III buildings per 1985 Uniform Building Code (heavy timber construction and ordinary masonry buildings and structures): forty years; and

iii.

Type I and type II buildings per 1985 Uniform Building Code (fire resistive, including, but not limited to, concrete buildings and structures): fifty years; and

iv.

Metal buildings: five years.

C.

Repair, Maintenance, Addition, Alteration and Replacement. The provisions apply to all nonconforming buildings and structures.

1.

Ordinary Repaired Maintenance. The ordinary repair and maintenance of a nonconforming commercial or industrial building in any zone, or a residential building in a commercial or industrial zone, is permitted and encouraged; provided, that the cost does not exceed fifteen percent in any twelve-month period, of the fair market value of the building or structure at the commencement of rehabilitation.

2.

Eminent Domain. Where a portion of a nonconforming building or structure is taken for any public use by any agency having the power of eminent domain, the building or structure may be repaired, reconstructed or remodeled. The repair, reconstruction or remodeling must be limited to rendering the building safe for continued use.

3.

Partial Destruction. If a nonconforming building or structure is damaged or partially destroyed, it may be restored to the condition in which it existed immediately prior to the occurrence of such casualty; provided, that the total reconstruction cost does not exceed thirty-seven percent of the fair market value of the building or structure. In addition, all such construction and/or repair work shall be completed within a period of one year from the date of the occurrence of the casualty. For the purposes of this section, units under condominium ownership that are located in one building will be considered as separate units.

4.

Elimination of Nonconformity. Alterations and/or additions shall be permitted in order to render the building or structure in conformity with the provisions of this title.

5.

Compliance with Laws. In order to comply with any law, other than zoning regulations, enacted after the adoption of the provisions hereof, alterations and/or additions shall be permitted.

No Extension of Termination Date. Accomplishment of any work permitted pursuant to this section shall not extend the termination date of the nonconforming use, building or structure.

D.

Nonconforming Buildings or Structures—Provisions for Each Zone. In addition to the preceding, the following provisions provide regulations by zone for nonconforming buildings and structures, regardless of whether or not such building or structure is the primary structure on the site:

1.

Residential Zones.

a.

Repair, Maintenance, Addition, Alteration and Replacement. The aforementioned work on nonconforming buildings and structures is permitted under the following conditions:

i.

Any nonconforming dwelling unit, which is nonconforming solely by reason of deficient off-street parking facilities (see Chapter 17.52 of this code for the off-street parking requirements chart); provided, that the number of dwelling units on the lot does not increase. In addition, such construction or reconstruction can not result in any portion of a building or structure being located on the only portion of the lot physically available for required offstreet parking facilities or access thereto or any required yard or open space area; or

ii.

Where a second unit is a legal nonconforming structure, and the primary unit is conforming, additions and alterations to the primary unit may be allowed, subject to a scheduled review and approval by the planning commission. The primary unit shall be the largest unit, or in case both units are the same size, the front unit shall be considered primary.

iii.

Any building which is rendered legal nonconforming by the adoption of the residential development standards on April 28, 1986, and which is totally destroyed by fire, earthquake or other calamity beyond the control of the owner, may be reconstructed with the same number of dwelling units it had prior to such fire, earthquake or other calamity; provided, that as reconstructed it shall comply with all other building and zoning ordinance requirements.

iv.

The ordinary repair and maintenance of a nonconforming residential building in a residential zone shall be permitted under the following limitations; provided, that in no case shall the structure be altered to expand the use or increase the nonconformity:

(A)

No limit shall be placed on work which would improve the health and life safety features of the building. The health and life safety related work shall be defined as that necessary to meet the city's adopted building, electrical, plumbing, mechanical, fire and health codes.

(B)

The cost of the nonhealth and safety related repairs and maintenance in any twelve-month period shall be limited to thirty-seven percent of the fair market value of the building or structure prior to the commencement of rehabilitation.

b.

Nonconformity—Yard Areas. If a nonconforming building or structure is nonconforming because of a failure to observe required yard areas, the same may be altered or added to so long as the addition or enlargement will not encroach into required setback area more than the existing encroachment of the building, except that:

i.

In no event shall the addition or enlargement be closer than three feet to the internal side or rear lot line; and

ii.

In no event shall any addition or enlargement be made into the front setback or side setback, except to enclose an existing porch, or to add an enclosed entryway; provided, that the enclosure does not encroach into the front setback or side street setback more than the existing encroachment of the facade closest to the right-of-way; and

iii.

In all other respects such additions or alterations shall conform to all other required yard and open space requirements (for required yard areas, see residential development standards and minimum setback requirements Exhibits, Chapters 17.10 through 17.20 of this code); and

iv.

Nonconforming Fencing. If a fence in a residential zone is nonconforming and is damaged or partially destroyed to the point where the total reconstruction cost exceeds twenty-five percent of the existing fence, the fence must be completely removed or replaced with a conforming fence at the proper setbacks.

2.

Commercial and Industrial Zones. Alteration, enlargement and replacement of nonconforming buildings and structures are permitted under the following conditions:

a.

Nonconformity—Parking Facilities. Such work shall be permitted for any building or structure which is nonconforming solely with respect to its existing parking facilities in accordance with the following:

i.

If the total cost of such work to be performed exceeds thirty-seven percent of the fair market value of the building, then parking for the entire building as altered should be provided per Section 17.52.050.

ii.

If the total cost of the work to be performed is less than or equal to thirty-seven percent of the fair market value of the building, and no additional parking spaces would otherwise be required for such work, then no additional parking spaces are required.

iii.

If the total cost of the work performed is less than or equal to thirty-seven percent of the fair market value of the building, and such work would in itself require an additional number of parking spaces, then the minimum number of spaces shall be the greater of the following up to the number of spaces which would make the building as altered conform to Section 17.52.050:

(A)

Seventy-five percent of the already existing number of spaces in the parking facility; or

(B)

The number of spaces required for the alteration or enlargement.

b.

Fee In Lieu of Parking. In lieu of providing the number of spaces required by subsection D(2)(a) of this section and upon application by the property owner, the city may, at its discretion, accept payment of fees or alternative methods to provide for the required parking off-site; provided, that such alternative is determined to be feasible and substantially equivalent to the provision of parking on-site.

c.

Decorative Facade. If a building or structure is nonconforming solely due to lack of a decorative facade, any addition, alteration or replacement in excess of fifteen percent of the fair market value in any twelve-month period will require that the building be made to conform with all provisions of this code.

(Ord. 2047 §§ 5 and 6, 1991: prior code § 9247.3)

The following section applies to all nonconforming uses (see Chapter 17.08 of this code, Definitions) regardless of whether or not such use occupies whole or part of a lot or space.

A.

Abandonment and Termination. Nonconforming uses may continue in all zones unless any of the following conditions occur:

1.

There is a change from one use to a different use, or

2.

There is an increase or enlargement of the area, space or volume of the building, structure or land devoted to the nonconforming use, except as provided here; or

B.

Abatement by Operation of Law. Nonconforming buildings, uses and structures shall be abated, and usage shall be terminated, upon the expiration of the periods of time indicated hereafter in this subsection. The period of time shall begin on the date that such use, building or structure first became nonconforming by reason of the provisions of the zoning regulations of the city.

1.

The nonconforming use has been abandoned for six months or more, or

2.

Where the property is unimproved or paved; one year, or

3.

Where the property is unimproved or paved, except for structures of a type for which the building code does not require a building permit, or which contain less than four hundred square feet of gross floor area: three years, or

4.

A nonconforming use housed in a nonconforming building or structure shall be terminated within five years, or

5.

A nonconforming use of a conforming building or structure: twenty years, except for such uses which are nonconforming solely by reason of a lack of off-street parking facilities.

(Prior code § 9247.4)

A.

Change of Use. A permitted use which is nonconforming only because it does not meet the requirements of the standards of development for that zone or the off-street parking requirements may be changed to a similar or less intense use permitted in the zone. No change of use shall extend the termination date for the original nonconforming use.

B.

Buildings or Structures Under Construction. Any building or structure for which a building permit has been issued, and is in force prior to the operative date of any amendment to the provisions of this title which has the effect of rendering the building or structure nonconforming, may be completed and used; provided, that it is completed in accordance with the plans and specifications upon which the building permit was issued. The building permit must be validly issued and remain unrevoked and unexpired.

C.

Existing Variances and Conditional Use Permits. No use, building or structure shall be defined as nonconforming for the purpose hereof, where it was previously authorized by a zone variance or conditional use permit, so long

as the use, building or structure conforms with the terms and conditions of the variance or permit. The variance or permit must be validly issued and remain unrevoked and unexpired.

D.

Public Utilities Exempted. The previous provisions hereof concerning the required removal of nonconforming buildings and uses, and the reconstruction of nonconforming buildings partially destroyed, shall not apply to public utility buildings and structures when such buildings and structures pertain directly to the rendering of the service or distribution of a utility, nor shall any provision hereof be applied so as to prevent the expansion, modernization or replacement of such public utility buildings, structures, equipment and features used directly for the delivery or distribution of the service.

E.

Public Acquisition. Whenever any lot, building or any structure is rendered nonconforming within the meaning of this code by reason of a reduction in a required yard area, lot area or reduction in off-street parking facilities occurring by reason of

(1)

Dedication to, or purchase by the city for any public purpose, or

(2)

Eminent domain proceedings, the same shall be considered as conforming to the same extent as prior to the dedication or eminent domain proceedings; provided, that if the buildings and/or structures located on the lot are partially destroyed after such acquisition so that the reconstruction cost would exceed more than fifty percent of the fair market value of such building or structure, such reconstruction shall not take place unless compliance is had with Chapter 17.52 of this code, Off-Street Parking.

F.

Nonconforming Uses in Conforming Buildings. A nonconforming use of a conforming building or structure which is nonconforming exclusively by reason of an inadequate number of off-street parking spaces shall conform to all of the provisions of this code, including, but not limited to, the off-street parking requirements hereof:

1.

Where such building or structure is partially destroyed within the meaning of Section 17.54.040(C)(3); or

2.

Where such nonconforming use is terminated as described in Section 17.54.050 (A) and (B).

(Prior code § 9247.5)

A.

Where any of the facts set forth in this chapter are found to exist by the director of planning, or where he finds that the abatement period, as to a building, use or structure, as set forth in this chapter has expired, he shall

issue a written order of abatement (hereafter "order"), and give notice. The order shall contain a description of the property affected; the basis for the issuance of such order; and the time within which the use shall terminate. The order shall be final and conclusive thirty days after the date of the giving of notice in the absence of an appeal. The decision of the director of planning may be appealed as described in Sections 17.54.090 and 17.54.100 as hereafter provided. The utilization of the nonconforming building, structure and/or use which is the subject of such an order, shall be terminated within the time specified in such order. The time for termination shall not exceed one year. Failure to issue a notice shall not prejudice the city's rights to subsequently issue such an order or subsequently to require compliance with the then applicable laws of the city.

B.

Upon issuance of a written order of abatement by the director of planning, notice shall be given by mailing a copy of such order addressed to the owners and/or persons in possession of the property to which the order relates. Postage will be prepaid and addressed to their last known address as determined from records available to the director of planning, alternately, the director of planning may personally serve such person with copies of the order.

(Ord. 2167 § 7, 1997: prior code § 9247.6)

17.54.080 - Fair market value determination.

A.

If the property owner disagrees with the planning department's determination of the fair market value of a legal nonconforming building for the purpose of administering any part of this chapter, the property owner may appeal this decision to the planning commission, with a further right of appeal to the city council.

B.

The planning commission shall conduct an informal hearing within thirty days after receiving the appeal, and shall mail notice of the hearing to the property owner at least ten days before the hearing. The decision of the planning commission shall be final unless appealed by the property owner to the city council within fifteen days after such decision. Upon an appeal to the city council, the city council shall conduct an informal hearing within thirty days of such appeal and shall mail notice of the hearing to the property owner at least ten days before the hearing.

(Ord. 2047 § 7, 1991: prior code § 9247.7)

A.

Appeal. A recipient of an abatement order may appeal the director of planning's determination to the planning commission as provided in Chapter 17.78 of this code. Alternatively, the recipient using the same procedures, may request an extension of the amortization period applicable to the recipient's nonconforming use, building or structure.

B.

Standard of Review. On appeal, the commission shall conduct a public hearing at which it shall uphold the director's determination and deny any requested extension unless the commission makes one or more of the following findings:

That the director wrongly determined that the use, building or structure subject to abatement is nonconforming;

2.

That the director wrongly determined that the amortization period of the use, building or structure subject to abatement had expired;

3.

That the director wrongly determined that the use, building or structure had been abandoned for a period of at least six months;

4.

That to require cessation of such use, building or structure would impair the property rights of any person to such an extent as to be an unconstitutional taking of property; or

5.

That such use, building or structure does not now and will not during the extension period requested:

a.

Adversely affect the health, peace or welfare of persons residing or working in the surrounding area; and

b.

Be materially detrimental to the use, enjoyment or valuation of the property of other persons located in the vicinity of the site; and

c.

Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare.

If circumstances exist as described in subsections (B)(3), (4) or (5) of this section, the commission may, but is not obligated to, extend the amortization period of a nonconforming use, building or structure.

C.

Conditional Approvals. The commission, in approving an application to extend an amortization period may impose conditions which it deems necessary to insure that the extension will satisfy the required findings set forth in subsection (B)(5) of this section or to mitigate against any harm associated with a nonconforming use, building or structure if the commission makes a finding under subsection (B)(4) of this section.

D.

Limitations on extensions of an amortization period. Extensions of an amortization period granted by the commission shall not be greater than ten years.

E.

Evidentiary Burden. A person appealing a determination of the director or requesting an extension of an amortization period has the burden of proving that the findings required by subsection B of this section are satisfied. No evidence shall be considered in connection with such an application except for evidence contained in the application presented to the commission, reports prepared by the city, testimony presented at a hearing or other evidentiary submissions made at or prior to the hearing.

(Ord. 2167 § 8, 1997)

17.54.100 - Special amortization of nonconforming uses prior to expiration of amortization period.

A.

Notwithstanding any contrary provision within this code, the director of planning may issue or recommend that the planning commission issue a special amortization order requiring the termination of a nonconforming use, building or structure prior to the date on which that use, building or structure would lose its legal nonconforming entitlement under this code. The order shall not require termination of the use, building or structure for at least one year from the date of the order, and shall not reduce the amortization period originally accorded to the use, structure or building by more than one-half. The abatement order shall be issued only if the director or commission concludes that:

1.

Continuation of the nonconforming use, building or structure will adversely affect the health, peace or welfare of persons residing or working in the surrounding area;

2.

Any alterations to the improvements on the property necessary to fully or partially satisfy the then current zoning will not result in a taking of property or a violation of law; and

3.

Any cessation of a use on the property necessary to fully or partially satisfy the then current zoning will not result in a taking of property or a violation of law.

B.

Appeal. A property or business owner affected by an order issued under this section may appeal that determination as provided in Chapter 17.78 of this code. An order may be sustained by the commission in its original, a modified or a conditional form if the commission makes the findings required by subdivision A. An order may be set aside if the commission cannot make the findings required by subdivision A or the commission finds that setting aside the order will serve the general welfare, equity or fairness.

C.

Evidentiary Burden. The city shall have the burden to present evidence to sustain the findings required by subsection (A)(1). The property or business owner shall have the burden to make all other evidentiary showings. No evidence shall be considered in connection with such an application except for evidence contained in the application presented to the commission, reports prepared by the city, testimony presented at a hearing or other evidentiary submissions made at or prior to the hearing.

D.

Other City Powers. Nothing in this section shall restrict the powers of the city to control or terminate a nonconforming use, building or structure using any power or remedies available to the city under this code or state law, including the power to abate nuisances.

(Ord. 2167 § 9, 1997)

17.54.110 - Request for extension of time periods for abatement by operation of law.

Notwithstanding any contrary provision within this code, a property owner may request that the planning commission, subsequent to conducting a public hearing using the procedures established in Chapter 17.78 of this code, extend the period of time upon expiration of which a nonconforming use, building or structure shall be abated by operation of law. A property owner may also make such a request after the expiration of such time periods has passed.

A.

Standard of Review. Upon receiving such a request, the commission shall conduct a public hearing at which it shall deny any requested extension unless the commission makes the findings as specified in Section 17.54.090(B)(4) or (5) of this chapter. If circumstances exist as described in Section 17.54.090(B)(4) or (5) of this chapter, the commission may, but is not obligated to, extend the amortization period of a nonconforming use, building or structure.

B.

Conditional Approvals. The commission in approving such an extension may impose conditions which it deems necessary to insure that the extension will satisfy the required findings set forth in Section 17.54.090(B)(5) or to mitigate the impacts of an extension pursuant to Section 17.54.090(B)(4).

C.

Limitations on Extensions of an Amortization Period. Extensions of an amortization period granted by the commission shall not be greater than ten years. Nothing in this section shall prohibit the approval of additional extensions of an amortization period.

D.

Evidentiary Burden. A person requesting an extension of an amortization period has the burden of proving that the findings required by Section 17.54.090(B)(4) or (5) are satisfied. No evidence shall be considered in connection with such an application except for evidence contained in the application presented to the commission, reports prepared by the city, testimony presented at a hearing or other evidentiary submissions made at or prior to the hearing.

(Ord. 2167 § 10, 1997)

17.54.120 - Request for transfer of nonconforming use entitlement to a different location.

Notwithstanding any contrary provision within this code, a property owner may request that the planning commission, subsequent to conducting a public hearing using the procedures established in Chapter 17.78 of this code, transfer an existing entitlement for a nonconforming use from one location to another location which does not have a similar entitlement for such nonconforming use.

A.

Standard of Review. Upon receiving such a request, the commission shall conduct a public hearing at which time it shall deny any requested transfer of entitlement unless it makes the following findings:

1.

That such use at the proposed location will promote the overall health and welfare of the city; and

2.

Negative impacts on the city will be reduced if the use is relocated from its current location to the proposed location.

B.

Amortization Period for New Location. Upon the commission approving such a request, the remaining amount of the amortization period for the nonconforming entitlement shall transfer to the new location. Extensions of the amortization period or special amortization periods may be granted as specified in Sections 17.54.100 and 17.54.110. The commission shall also have the authority to approve a shorter amortization period than is otherwise specified in Sections 17.54.100 and 17.54.110.

C.

Conditional Approvals. The commission in approving such a transfer of nonconforming entitlements may impose conditions which it deems necessary to insure that the transfer will satisfy the required findings as specified in subsection A of this section.

(Ord. 2167 § 11, 1997)

Chapter 17.56 - OIL AND GAS DRILLING AND PRODUCTION FOR PROPERTIES NOT INCLUDED IN OIL PRODUCTION DISTRICTS

The purpose hereof is to establish site development standards for properties not included in the oil and gas production district.

(Prior code § 9248)

Oil and gas production, as defined in Chapter 5.52, shall be a permitted use in any zone within the city; provided, that if such usage is to be located upon property which is not included in an O-zone, as described in Chapter 17.44 of this code, then such use shall conform to all of the provisions of Chapter 5.52 of this code. The definitions set forth in Chapter 5.52 of this code shall apply to the provisions of this title.

(Prior code § 9248.1)

17.56.030 - Site development standards—Drill site location.

No drill site shall be located closer than one thousand three hundred twenty feet to any other drill site, except a drill site located in an O-zone. A drill site having thereon an operating or suspended well, existing on the effective

date of the provisions hereof, shall be deemed to include all of the area within one hundred feet from the center of such well.

(Prior code § 9248.2 (1) (a))

No drill site shall contain more than two and one-half acres or be of such size or shape that it cannot be contained within a square three hundred thirty feet by three hundred thirty feet.

(Prior code § 9248.2 (1) (b))

The number of wells which may be drilled shall not exceed one well to each five acres in the operating unit.

(Prior code § 9248.2 (1) (c))

No oil well shall be drilled within one hundred seventy-five feet of any dwelling unit. This distance may be reduced to one hundred feet if the well and the dwelling are separated by a minimum eight foot high masonry wall, subject to the approval of the building inspector as to control of hazard.

(Prior code § 9248.2 (1) (d))

Except for emergency work, all work in preparation of the site for drilling or for maintenance after the well is operational, shall be conducted only between the hours of seven a.m. and seven p.m., if at the time of such work there exists:

A.

Twenty-five or more dwelling units within one thousand three hundred twenty feet of the proposed location of the well; or

B.

Six or more dwelling units within six hundred sixty feet of the proposed location of the well.

(Prior code § 9248.2 (1) (e))

Roads and excavations servicing sites shall be planned, constructed and maintained so as to provide stability of fill, minimized disfigurement of the natural landscape, maintain natural drainage and minimize erosion.

(Prior code § 9248.2 (1) (f))

No slope or cut or fill shall have a gradient steeper than one foot rise in one foot horizontal measurement. Where by reason of the soil condition, the condition of the terrain or size or length of the cut and fill required, it is

impractical to provide such gradient, the city engineer of the city may grant an exception to such requirement provided he first finds that compliance with the requirement is impractical and that the integrity of the neighborhood will be maintained if such exception is granted.

(Prior code § 9248.2 (1) (g))

17.56.100 - Site development standards—Slope planting.

All excavation slopes, both cut and fill, shall be planted and maintained with grasses, plants or shrubs during drilling and production operations, but only to the extent reasonably necessary to render the same comparable to the condition of other properties in the vicinity.

(Prior code § 9248.2 (1) (h))

Prior to the commencement of drilling operations, the drill site shall be enclosed by a solid redwood fence or a solid masonry wall eight feet high on all sides, except those sides on which exists a natural or artificial barrier of equal or greater solidity and height. Solid redwood board gates shall be installed and be equipped with keyed locks and shall be kept locked at all times when unattended. Any and all supporting members of the fence shall be on the interior of the fence. Such fence or wall shall be in lieu of other fencing requirements.

(Prior code § 9248.2 (1) (i))

17.56.120 - Site development standards—Pipelines.

All off-site pipelines serving the drill site shall be buried not less than three feet below the surface of the ground.

(Prior code § 9248.2 (1) (j))

17.56.130 - Site development standards—Off-street parking.

An off-street parking area containing not less than five parking spaces shall be provided for each drill site and shall be surfaced and maintained in accordance with Chapter 17.52 of this code.

(Prior code § 9248.2 (1) (k))

17.56.140 - Site development standards—Sanitary facilities.

Sanitary facilities shall be provided at each drill site in accordance with the provisions of this code.

(Prior code § 9248.2 (1) (l))

17.56.150 - Drilling operations—Generally.

The following provisions relating to site drilling machinery which produces noise shall apply to all drill sites.

(Prior code § 9248.2 (2) (part))

17.56.160 - Drilling operations—Soundproofing.

The derrick and all drilling machinery which produces noise shall be enclosed with soundproofing material in the manner specified in Chapter 5.52 of this code.

(Prior code § 9248.2 (2) (a))

All lights shall be directed or shielded so as to confine direct rays to the drill site.

(Prior code § 9248.2 (2) (b))

17.56.180 - Drilling operations—Delivery of equipment.

The delivery or removal of equipment or material from the drill site shall be limited to the hours between seven a.m. and seven p.m. except in case of emergency.

(Prior code § 9248.2 (2) (c))

17.56.190 - Drilling operations—Drill pipe storage.

Drill pipe shall be racked and made up only between the hours of seven a.m. and seven p.m., except within the derrick.

(Prior code § 9248.2 (2) (d))

17.56.200 - Drilling operations—Power sources.

All power sources shall be electric motors or muffled internal combustion engines.

(Prior code § 9248.2 (2) (e))

17.56.210 - Production operations—Underground installation.

All well head equipment shall be installed in cellars and no portion of such equipment shall be located or project above the surface of the surrounding ground.

(Prior code § 9248.2 (3) (a))

17.56.220 - Production operations—Motive power soundproofing.

Motive power for production operations shall be completely enclosed in a building or buildings insulated with sound deadening materials. Such building(s) shall be of residential appearance and no portion thereof shall exceed sixteen feet in height.

(Prior code § 9248.2 (3) (b))

17.56.230 - Production operations—Motive power location.

Buildings housing motive power for production operations shall be located on the drill site.

(Prior code § 9248.2 (3) (c))

Except as otherwise herein specifically permitted, no permanent building, structure or other installation on the drill site shall be, or project, more than eight feet above the surface of the surrounding ground.

(Prior code § 9248.2 (3) (d))

There shall be no storage of material, equipment, machinery or vehicle which is not intended for immediate use or servicing of an installation on the drill site.

(Prior code § 9248.2 (3) (e))

The drill site and all permanent installations shall be maintained in a neat, clean and orderly condition.

(Prior code § 9248.2 (3) (f))

17.56.270 - Production operations—Storage tank location.

Storage tanks shall be located on a drill site.

(Prior code § 9248.2 (3) (g))

Storage tank capacity at the drill site shall not exceed a total aggregate of eighty-four thousand gallons exclusive of processing equipment; nor shall such tanks exceed a height of eight feet.

(Prior code § 9248.2 (3) (h))

All surfaces of permanent buildings, structures or other installation within the drill site shall be painted and maintained in a neat and orderly manner.

(Prior code § 9248.2 (3) (i))

Oil produced at each drill site shall be removed therefrom by an underground pipeline or pipelines. Such pipeline or pipelines shall be constructed within one hundred eighty days after the date the first well in the drill site is completed and shall comply with Section 17.56.120.

(Prior code § 9248.2 (3) (j))

17.56.310 - Production operations—Refineries.

No refinery, dehydrating or absorption plant of any kind shall be constructed, established or maintained on any drill site or within the outer boundary line.

(Prior code § 9248.2 (3) (k))

Natural gas shall not be vented to the atmosphere nor burned by open flame.

(Prior code § 9248.2 (3) (l))

17.56.330 - Production operations—Well servicing.

Well servicing shall be done between the hours of seven a.m. and seven p.m. of any day except in case of emergency.

(Prior code § 9248.2 (3) (m))

17.56.340 - Production operations—Signs.

No sign which is visible from outside the drill site shall be caused, permitted or allowed to be or remain any place on the drill site except:

A.

Such signs as are required by law; or

B.

Warning signs; or

C.

No trespassing signs.

(Prior code § 9248.2 (n))

17.56.350 - Production operations—Landscaping.

Shrubs shall be planted and maintained along the exterior of the fence or wall enclosing the drill site. This requirement shall not be construed to limit or prohibit additional site beautification by landscaping or other planting.

(Prior code § 9248.2 (o))

17.56.360 - Idle wells—Defined.

A well shall be deemed to be an idle well:

A.

Unless it has produced one or more barrels of oil or other hydrocarbon substances or ten thousand or more cubic feet of gas within any twelve-month period after effective date of this regulation; or

B.

If there has been a cessation of production therefrom of oil, gas or other hydrocarbon substances, and it appears that the operator thereof intends to permanently cease production. The removal from the drill site of any necessary integral part of the equipment or machinery necessary for the production of oil or gas, including, but not limited to, the pumping unit, rods or tubing, for purposes other than repair or replacement, shall be prima facie evidence of such intent; thereafter the operator shall have the burden of proof to show that no such intent to cease operations exists; or

C.

If the drilling or redrilling of a well has been commenced, but the facility has not produced one or more barrels of oil or other hydrocarbon substances, or ten thousand or more cubic feet of gas, within twelve months thereafter; or

D.

An injection well shall be deemed to be an idle well within the meaning hereof where the owner or operator thereof has not, within any period of twelve months or more, utilized the same for injecting hydrocarbon substances, and other substances utilized in connection therewith, into the earth.

(Prior code § 9248.3 (1))

Whenever the building inspector determines that a well is an idle well, he shall give notice thereof, to:

A.

The owner of the fee simple interest in the land on which such well is situated; and

B.

The owner of the mineral lease on which such well is situated; and

C.

The license of such well as shown on the records of the license inspector of the city. For the purposes hereof, the licensee of a well shall be deemed to be the operator of such well.

(Prior code § 9248.3 (2))

17.56.380 - Idle wells—Abandonment required—When.

Within ninety days after:

A.

The building inspector has given notice of an idle well; or

B.

A notice of intention to abandon a well has been given to the State Division of Oil and Gas by the owner or the operator pursuant to Section 3229 of the State Public Resources Code or any amendment thereto;

the owner and/or operator of such well shall abandon the well pursuant to the provisions of Chapter 5.52 of this code.

(Prior code § 9248.3 (3))

17.56.390 - Idle wells—Application for reversal of determination or exception—Filing.

A.

Within thirty days after notice of an idle well is given as provided in Section 17.56.370, the owner or the operator of such facility may, in writing, apply to the planning commission of the city (1) for a decision that the well is not an idle well, as defined in Section 17.56.360, or (2) if such well is an idle well, for an exception to the provisions of Section 17.56.380. Such application, in the form prescribed by the city planner, shall be filed with the secretary of the planning commission and shall be accompanied by a filing fee of twenty-five dollars.

B.

The provisions of Section 17.56.380 shall be suspended from the date an application for a decision or exception is filed with the planning commission as provided in subsection A of this section, until a decision thereon is rendered or the exception is granted or denied.

(Prior code §§ 9248.3 (4) and (5))

17.56.400 - Idle wells—Application for reversal of determination or exception—Hearing.

Upon receipt of such application the secretary of the commission shall set the same for public hearing before the commission, and shall give notice thereof to the applicant and to all persons known to have an interest in the land on which the well is situated. The commission shall conduct the hearing and determine whether the application should be approved, disapproved or denied in accordance with the provisions hereof.

(Prior code § 9248.3 (6))

17.56.410 - Idle wells—Application for reversal of determination or exception—Decision of planning commission.

At the conclusion of the hearing on an application for a decision that the well is not an idle well, the commission shall decide whether or not the well is an idle well in accordance with the provisions of Section 17.56.360. If the commission determines that the well is an idle well, the owner and/or operator thereof shall cause the same to be abandoned as provided in Section 17.56.380 unless an appeal from such decision is taken in the time and manner prescribed in Chapter 17.78 of this code.

, the commission shall decide whether or not the well is an idle well in accordance with the provisions of Section 17.56.360. If the commission determines that the well is an idle well, the owner and/or operator thereof shall cause the same to be abandoned as provided in Section 17.56.380 unless an appeal from such decision is taken in the time and manner prescribed in Chapter 17.78 of this code.

(Prior code § 9248.3 (7))

17.56.420 - Idle wells—Application for reversal of determination or exception—Grant of exception.

A.

At the conclusion of the hearing on an application for an exception, the commission shall grant the exception if the commission finds:

1.

That the conclusion has shown good cause why there has been no production during the twelve-month period or why there has been a cessation of production; and

2.

That there are practical difficulties or unnecessary hardships resulting from the strict enforcement hereof; and

3.

That permitting further operation will not be materially detrimental to the public welfare or to the use of adjacent properties; and

4.

That such continuation will not substantially interfere with the orderly development of the city as provided for in the land use element of the community general plan.

B.

Where an exception is granted, the commission may impose thereon such conditions as it may deem reasonable and proper. Unless stated otherwise by the commission, the exception shall be in effect for a period of two years from the date the same is granted. If the commission denies the application, the owner/or operator shall abandon the well as provided in Section 17.56.380. The determination of the commission shall be final and conclusive in the absence of an appeal from such decision to the city council perfected in the time and in the manner prescribed in Chapter 17.78 of this code.

(Prior code § 9248.3 (8))

In the event of an appeal to the council, the council shall hold a hearing thereon, and based upon the evidence presented, affirm, modify or reverse the commission's determination, based upon the criteria set forth in Sections 17.56.360 through 17.56.420. Such hearings may be continued from time to time by the council. The decision of the council shall be final and conclusive.

(Prior code § 9248.3 (9)

Notwithstanding any other provision hereof to the contrary, in the case of a well for which a notice of intention to abandon has been given to the State Division of Oil and Gas pursuant to Section 3229 of the Public Resources Code or any amendment thereto, such well shall be conclusively deemed an idle well and the abandonment procedures set forth in Chapter 5.52 of this code shall be followed.

(Prior code § 9248.3 (10))

Notwithstanding the provisions of this code dealing with the abatement of nonconforming uses or buildings, all uses, incident and accessory to the exploration and/or production of gas and oil, as regulated hereby, shall be made to conform to the following:

A.

Whenever a property is reclassified so as to remove it from a designated O-zone, all uses thereon, as described herein shall be made to conform to the provisions hereof, within a period of one year from the effective date of such reclassification.

B.

All uses described herein which exist on the effective date hereof shall be made to conform to the provisions hereof within a period of three years.

(Prior code § 9248.4)

Chapter 17.58 - MODEL HOMES

The purpose of the provisions contained herein is to regulate the construction, use and sale of model homes within the city and to permit the advertising of new developments within the city while ensuring that the provisions of this code are met.

(Prior code § 9260)

Model homes shall be located and/or erected only in the R-1, R-2, R-3, R-4 and R-5 zones, subject to the provisions hereof.

(Prior code § 9260.1)

Within the boundaries of an approved tentative tract map, no more than eight single-family or condominium units or other permitted buildings are to be used as:

1.

Model units; and/or

2.

Temporary realty offices (one single-family dwelling or other permitted building); and

3.

Outdoor advertising structure (no more than two such structures), each having no more than two hundred fifty square feet of sign face area, used exclusively to sell lots and dwelling units located on the property included on the tentative subdivision tract map. The location of these structures is subject to the approval of the city planner.

B.

The development standards applicable, pursuant to this title, shall apply to uses permitted pursuant to subsections A (1) and (2) of this section. (See Chapter 17.10, residential zone requirements chart.)

(Prior code § 9260.2)

17.58.040 - Building permit—Plot plan required—Processing.

Prior to the issuance of any building permit for buildings and structures permitted pursuant to Sections 17.58.020 and 17.58.030, the owner of the property which is included in the tentative subdivision tract map (or

the owner's agent) shall submit a plot plan for each building or structure to the city planner for approval. Such plot plans shall be processed as follows:

A.

The city planner shall notify the owner of his/her decision as to whether the proposed models are in conformity with the conditions of approval relating to tentative subdivision tract map. The notice shall be in writing. An adverse decision shall be subject to written appeal to the planning commission. The appeal shall be filed with the secretary of the planning commission within fourteen days of the mailing of notice of decision to the owner.

B.

At the time of the hearing, the commission shall give the applicant a reasonable opportunity to be heard on the matter and shall determine whether such plot plans conform to the tentative subdivision map, as approved. If the plans do conform, they will be approved. If the plans do not conform to the tentative map, the commission may give conditional approval or deny the plot plans.

C.

The commission's decision shall become final, in the absence of an appeal to the city council perfected in the time and manner set forth in Chapter 17.78 of this code.

D.

If an appeal is filed, the commission's file shall be transmitted to the city council. The council shall approve, conditionally approve or disapprove such plot plans. Such action will be final.

(Prior code § 9260.3)

The applicant shall accept, as conditions of approval on any building permit for buildings or structures permitted by Chapters 17.10 through 17.20 of this code, conditions which will be endorsed on the face of each permit, the following:

A.

That such buildings and/or structures shall not be used for the conduct of a general real estate business, but only as temporary facilities to assist in sales of lots and dwelling units located within the boundaries of the tentative subdivision tract map; and

B.

That such buildings and/or structures will not be used for human habitation unless a final subdivision tract map has been approved and recorded, and until a certificate of occupancy for dwelling purposes has been duly issued for each such structure; and

C.

That if final subdivision tract map is not submitted, approved and recorded within the time allowed by law that the applicant will, within sixty days:

Demolish or remove each building or structure, at applicant's sole cost, or

2.

Obtain approval of a subdivision of the land, by a parcel map, in accordance with the provisions of this code, relating to the land on which such buildings and/or structures are built; and

D.

That the applicant will deposit with the city cash, or an instrument of credit in a form approved by the city attorney, sufficient to guarantee that such buildings and/or structures will be demolished or removed, if required pursuant to this code; and

E.

That the temporary real estate sales office and outdoor advertising structures shall be removed within thirty days following the sale of subdivision.

(Prior code § 9260.4)

Chapter 17.59 - HOME OCCUPATION PERMITS

The purpose of this chapter is to permit the conduct of home based businesses in residential districts and to establish a comprehensive set of regulations applicable to the establishment and operation of home based business within the City of Montebello without any way changing the appearance or conditions of the residence and neighborhood.

(Ord. No. 2360, § 5, 6-25-2014)

17.59.020 - Definitions.

Refer to the definitions contained in Chapter 17.08 of this code.

(Ord. No. 2360, § 5, 6-25-2014)

17.59.030 - Home occupation permit application and procedure.

A.

Application for Permit Required. An application for a home occupation permit shall be filed with a business license application on a form prescribed by the city. The request shall consist of all of the following items:

1.

An application for a home occupation permit, which must include the names, addresses, and notarized signatures of both the business operator(s) and the property owner, which serves as authorization to operate the home occupation for rental property, and the board of the home owners' association, if applicable;

Proof of full-time residency as provided by a California Identification Card or California Driver's License issued by the Department of Motor Vehicles;

3.

Any additional information, plans, or drawings the planning manager may require to determine whether the proposed use will comply with all of the applicable provisions of this subsection. The planning manager may authorize omission of any or all of the plans and drawings required by this section if they are deemed not necessary.

B.

Review, Within twenty working days of the date of filing a complete home occupation application by the applicant, the planning manager shall approve, approve in modified form, or deny the application. The action of the planning manager shall be final and conclusive, unless within thirty days of the decision, an appeal is filed appealing the decision of the planning manager to the planning commission, in accordance with Section 17.78.060 of this code. Upon approval, the applicant shall proceed with the processing of a business and home occupation license from the business license division.

(Ord. No. 2360, § 5, 6-25-2014)

A home occupation permit shall not be transferrable.

(Ord. No. 2360, § 5, 6-25-2014)

A.

Home occupations, governed by subsection B below, are permitted, provided that:

1.

Only the applicant/resident of the dwelling unit shall be employed in the operation of the home occupation use. No volunteers, interns, or independent contractors shall be part of the home occupation.

2

Clients, customers, and/or associates shall not be permitted on the subject site.

3.

Display or storage of items, goods, or merchandise, shall not be permitted; provided however that this condition is not intended to prohibit the temporary interior storage of materials used in the operation of the home occupation so long as such storage does not create a health or safety problem or a neighborhood nuisance.

4.

A home occupation shall be conducted entirely within an enclosed dwelling unit.

Equipment which emits dust, fumes, noise or odor, or other equipment as determined by the planning manager which could interfere with the peaceful use and enjoyment of adjacent and surrounding properties shall be prohibited.

6.

On-site signs advertising a home occupation shall not be permitted.

7.

Alteration of the residential character of the subject site shall not be permitted.

8.

Vehicles in conjunction with the home occupation permit shall not exceed a height of seven feet nor be larger than what can easily fit within the universal stall dimension of ten feet wide by twenty feet long.

9.

The area to be used for home occupation shall not encompass more than one room of the dwelling unit, and shall not exceed twenty-five percent of the floor area or two hundred square feet, whichever is lesser.

10.

No portion of the required parking area shall be used for the home occupation.

11.

Guns and ammunition shall not be sold as part of a home occupation except that a home occupation permit for a gunsmith or firearms collector licensed by the Bureau of Alcohol, Tobacco, and Firearms as a gunsmith, or firearm collector shall be allowed.

12.

The home occupation shall not create noise levels in excess of those allowed in the applicable residential areas in the noise element of the general plan or in excess of those allowed on residential property of the Montebello Municipal Code.

13.

The home occupation shall conform to all applicable federal, state, and municipal laws and regulations applicable to the residential area in which the home occupation is located.

B.

Exclusions. The following uses are examples of those uses specifically prohibited as home occupations:

(1)

Schools of any size or type;

(2)

Boarding or lodging house;

(3)

Antique shop;

(4)

Barber shop and/or beauty parlor;

(5)

Funeral chapel or home, mortuaries;

(6)

Gift shop;

(7)

Medical or dental clinic or hospital, animal hospital or grooming facilities;

(8)

Day care centers or nursery schools, except those permitted by right;

(9)

Private clubs;

(10)

Restaurants;

(11)

Auto or motorcycle, boat or trailer, similar type repair shops;

(12)

Kennels; and

(13)

Office of a health care provider when special mechanical equipment is required.

(Ord. No. 2360, § 5, 6-25-2014)

The director of planning and community development may void any home occupation permit for noncompliance with the criteria set forth in this section.

(Ord. No. 2360, § 5, 6-25-2014)

17.59.070 - Appeals.

The applicant or any interested person may appeal to the city council from any ruling of planning commission made pursuant to this chapter in accordance with this section. Notice of any appeal from the ruling of the planning commission must be filed within ten days of the date that such ruling is made. The appeals procedures must conform to those requirements outlined in Chapter 17.78.

(Ord. No. 2360, § 5, 6-25-2014)

The city may enforce the provisions of this chapter by any means authorized and set forth under Chapters 1.12 or 17.06 of this code. Violators may be subject to the fines and/or penalties authorized under Chapters 1.12 or 17.06 of this code.

(Ord. No. 2360, § 5, 6-25-2014)

Chapter 17.60 - ADULT BUSINESS ZONING REGULATIONS*

It is the purpose and intent of this chapter to provide for the reasonable and uniform regulation of adult businesses in the city. It is recognized that adult businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located. It is therefore the purpose of this chapter to establish criteria and standards for the establishment and conduct of adult businesses which will protect the public health, safety and welfare, preserve locally recognized values of community appearance, minimize the potential for nuisances related to the operation of adult businesses, and maintain local property values.

It is the purpose and intent of this chapter to establish proper regulations and to provide for a reasonable number of approximately located sites for adult businesses within the city, based upon the following findings:

A.

The city council has reviewed the detailed studies, reports and letters prepared by other jurisdictions and its own staff with respect to the detrimental social, health and economic effects on persons and properties surrounding adult businesses. These studies included Upland, California (1992); Garden Grove, California (1991); Tucson, Arizona (1990); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City, Oklahoma (1986); Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont ,Texas (1982); Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Whittier, California (1978); Amarillo, Texas (1977); Cleveland, Ohio (1977); Los Angeles, California (1977); state of Minnesota, Attorney General Report (1989); Newport News, Virginia (1996); St Paul, Minnesota (1987); Corpus Christi, Texas (1995); and National Law Center (1995); (collectively "studies"). The studies substantiate the adverse, secondary effects of adult businesses.

B.

Based on the foregoing studies and the other evidence presented, the city council finds that:

1.

Adult businesses are linked to increases in the crime rates of those areas in which they are located and that surround them; and

Both the proximity of adult businesses to sensitive land uses and the concentration of adult businesses tend to result in the blighting and downgrading of the areas in which they are located.

C.

The studies conducted in various communities in other jurisdictions have demonstrated that the proximity and concentration of adult businesses adjacent to residential, recreational, religious, educational or other adult businesses can cause other businesses and residents to move elsewhere.

D.

The studies conducted in various communities in other jurisdictions have demonstrated that adult businesses are linked to increases in the crime rates and blighting of those areas in which they are located and that surround them.

E.

The special regulation of adult businesses is necessary to ensure that their adverse secondary effects will not contribute to an increase in the crime rates or the blighting or downgrading of the areas in which they are located or surrounding areas. The need for the special regulation is based on the recognition that adult businesses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity with sensitive uses such as residential zones and uses, parks schools, churches or day care centers, thereby having a deleterious effect upon the adjacent areas.

F.

It is the purpose and intent of these special regulations to prevent the concentration or location of adult businesses in a manner that would create such adverse secondary effects. Thus, in order to protect and preserve the public health, safety and welfare of the citizenry, especially including minors, the special regulation of the time, place and manner of the location and operation of adult businesses is necessary.

G.

The protection and preservation of the public health, safety and welfare require that certain distances be maintained between adult businesses and residential uses and zones, churches, schools, day care centers, parks and other adult businesses.

H.

The need to regulate the proximity of adult businesses to sensitive land uses such as residential, religious, educational, recreational and other adult businesses are documented in studies conducted by other jurisdictions as listed elsewhere in this section.

I.

The report of the state of Minnesota Attorney General's Working Group on the regulation of sexually oriented businesses dated June 6, 1986, indicated that:

1.

Community impacts of sexually oriented businesses are primarily a function of two variables, proximity to residential areas and concentration. Property values are directly affected within a small radius, typically one

block, of the location of a sexually oriented business. Concentration may compound depression of property values and may lead to an increase of crime sufficient to change the quality of life and perceived desirability of property in a neighborhood; and

2.

The impacts of sexually oriented businesses are exacerbated when they are located near each other. When sexually oriented businesses have multiple uses (i.e. theater, bookstore, nude dancing, peep booths), one building can have the impact of several separate businesses.

J.

In consideration of the findings of the report of the state of Minnesota Attorney General's Working Group on the regulation of sexually oriented businesses dated June 6, 1986, it is appropriate to prohibit the concentration of multiple adult businesses within one building in order to mitigate the compounded adverse secondary effects associated with such concentrations as described above.

K.

The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually-oriented materials, that are protected by the First Amendment of the United States Constitution and the relevant provisions of the California State Constitution.

L.

The proposed parking standards are necessary in the interests of the public health, safety and welfare to provide for an appropriate amount of off-street parking.

M.

The city council takes legislative notice of the Penal Code provisions authorizing local governments to regulate matter that is harmful to minors (e.g. Penal Code Section 313 et seq.) The city council further takes legislative notice of cases that recognize that protection of minors from sexually explicit materials is a compelling government interest, including, but not limited to, Crawfore v. Lungren (9th Cir., 1996) 96 F.3d 380, cert. denied 520 U.S. 1117 (1997) and Berry v. City of Santa Barbara (1995) 40 Cal.App.4th 1075.

N.

In adopting these regulations, the city council is mindful of legal principles relating to regulation of adult businesses and does not intend to suppress or infringe upon any expressive activities protected by the First Amendments of the United States and California Constitutions, but instead desires to enact reasonable time, place and manner regulations that address the adverse secondary effects of adult businesses. The city council has considered decisions of the United States Supreme Court regarding adverse secondary effects and the local regulation of adult businesses, including but not limited to: Young v. American Mini Theaters, Inc., 427 U.S. 50 (1976) (Reh. denied 429 U.S. 873); Renton v. Playtime Theaters, 475 U.S. 41 (1986) (Reh. denied 475 U.S. 1132); FW/PBS. Inc. v. Dallas, 493 U.S. 215 (1990); Barnes v. Glenn Theater, 501 U.S. 560 (1991), and City of Erie v. Paps A.M. (2000) 529 U.S. (2000 Daily Journal DAR 3255), United States Court of Appeals 9th Circuit decisions, including but not limited to: Topanga Press, et al. v. City of Los Angeles, 989 F.2d 1524 (1993); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998), pet. For cert. Filed (1999); several California cases including but not limited to: Tily B. v. City of Newport Beach, 69 Cal.App.4th 1 (1998); City of National City v. Wiener, 3 Cal. 4th 832 (1993); People v. Superior Court (Lucero) 49 Cal.3d 14

(1989); and City of Vallejo v. Adult Books, et al., 167 Cal.App.3d 1169 (1985); and other federal cases including Lakeland Lounge v. City of Jacksonville (5th Cir. 1992) 973 F.2d 1255, Hang On, Inc. v. Arlington (5th Cir. 1995) 65 F.3d 1248, Mitchell v. Commission on Adult Entertainment (3rd Cir. 1993) 10 F.3d 123, International Eateries v. Broward County (11th Cir. 1991) 941 F.2d 1157, and Star Satellite v. City of Biloxi (5th Cir. 1986) 779 F.2d 1074.

O.

The city has conducted its own study of its land use districts and planning areas and has determined that the establishment of adult business in the M-1 and M-2 zone designations is appropriate, subject to locational and distance requirements that promote the health, safety and general welfare of the public. The city also evaluated the locational and distance regulations in this chapter for separating adult businesses from sensitive land uses, and other adult businesses, and determined the location and distance requirements are appropriate to promote the health, safety and general welfare of the public.

P.

The locational requirements do not unreasonably restrict the establishment or operation of constitutionally protected speech in the city and a sufficient reasonable number of appropriate locations for adult businesses are provided.

Q.

The city council recognizes that the standards and regulations in this chapter do not preclude reasonable alternative avenues of communication. The city council takes note of the proximity of at least five adult businesses within thirty minutes (drive time) of the city in determining that the proposed standards do not preclude reasonable alternative avenues of communication.

R.

The city council recognizes that a sufficient number of appropriate locations for establishing an adult business in the city are provided considering the city's predominant residential character (approximately fifty-nine percent is zoned for residential land use) and the fact that no formal requests to establish an adult business have been received by planning department staff.

S.

Finally, the city council also takes note of the proliferation of adult material on the Internet and its availability as an alternative avenue of communication. The city council also considers and relies on published decisions examining the proliferation of communications on the Internet. Reno v. American Civil Liberties Union (1997) 521 U.S. 844 (the principal channel through which many Americans now transmit and receive sexually explicit communication is the Internet); see also: Anheuser-Busch v. Schmoke, 101 F.3d 325, 329 (4th. Cir. 1996) (rejecting First Amendment challenge to Baltimore ordinance restricting alcohol advertisements on billboards and acknowledging that the Internet is an available channel of communication); U.S. V. Hockings, 129 F.3d 1069 (9th Cir. 1997); and U.S. v. Thomas, 74 F.3d 701 (6th Cir. 1996) (cert denied 519 U.S. 820). The emergence of the Internet provides a virtually unlimited additional source of adult oriented sexual material available to persons without regard to geographic boundaries. An adult business no longer needs to be actually physically located within a city to be available to the community.

(Ord. 2288 § 4 (part), 2005)

An "adult business" is any business where employees or patrons expose specified anatomical areas or engage in specified sexual activities, or any business which offers to its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas.

Adult businesses do not include bona fide medical establishments operated by properly licensed and registered medical personnel with appropriate medical credentials for the treatment of patients.

In determining whether a use is an adult business, only conduct or activities which constitute a regular and substantial course of conduct or a use which has a majority of its floor area, stock-in-trade or revenue derived from material characterized by an emphasis on matters depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas shall be considered. Isolated instances of conduct or activities described in this section as characterizing an adult business shall not be considered except where such activities, taken together, constitute a regular and substantial course of conduct. Adult businesses include, but are not limited to, the following:

A.

Adult Arcade. An "adult arcade" means any place to which the public is permitted or invited wherein coin operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines projections or other image producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

B.

Adult Bookstore, Novelty Store, Video/DVD Store. "Adult bookstore, novelty store, video/DVD store," is an establishment which has as a substantial portion of its stock in trade, a majority of its floor area or revenue derived from and offering for sale for any form of consideration, any one or more of the following:

1.

Books, magazines, periodicals or other printed matter, photographs films motion pictures, video cassettes slides or other visual representations which are characterized by an emphasis upon the depiction or description of specified anatomical areas;

2.

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities; or

3.

Goods which are replicas of or which simulate, specified anatomical areas, or goods which are designed to be placed on or in specified anatomical areas or to be used in conjunction with specified sexual activities to cause sexual excitement.

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore adult novelty store or adult/video/DVD store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult

bookstore, adult novelty store or adult/video/DVD store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

C.

Adult Cabaret. An "adult cabaret" is a bar, nightclub or similar establishment which features dancers, strippers or similar entertainers who expose specified anatomical areas of their bodies or simulate specified sexual activities.

D.

Adult Motel. An "adult motel" means a hotel, motel or similar commercial establishment which:

1.

Offer accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions films motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions, videos or films; and

2.

Offers a sleeping room for rent for a period of time that is less than ten hours; or

3.

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.

E.

Adult Motion Picture Theater. An "adult motion picture theater" means a commercial establishment where for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depictions or description of specified sexual activities or specified anatomical areas.

F.

Adult Tanning Salon. An "adult tanning salon" or "parlor" means a business establishment where patrons receive tanning services in groups of two or more and where patrons or employees of the establishment expose specified anatomical areas. Adult tanning salon or parlor also includes a business establishment where a patron and an employee of the establishment are nude or expose specified anatomical areas. An adult tanning salon or parlor also includes a business establishment where the employees thereof are nude or expose specified anatomical areas.

G.

Adult Theater. An "adult theater" is any place, building, enclosure, theater, concert hall auditorium or structure, partially or entirely used for live performances or presentations, which place, building, enclosure, theater, concert hall, auditorium or structure is used for presenting matter characterized by an emphasis on depicting, exposing, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons

therein. Such place shall also include an adult theater wherein persons are regularly featured appearing in a state of nudity or giving live performances which are characterized by the exposure of specified sexual activities or by specified anatomical areas.

H.

Employee. "Employee" means a person who performs any service on the premises of an adult business on a full time, part time or contract basis whether or not the person is denominated as an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of the adult business. Employee does not include a person exclusively on the premises to conduct repair or maintenance for the premises or equipment on the premises or for the delivery of goods to the premises.

I.

Nude Model Studio. A "nude model studio" means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be conversed with or be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons, for any form of consideration. Nude model studio shall not include any classroom of any school licensed under state law to provide art education, while such classroom is being used in a manner consistent with such state license.

J.

Sex Supermarket/Sex Mini-Mall. A "sex supermarket/sex mini-mall" means the establishment or operation of more than one type of adult business or use as defined in this chapter within the same building or properly.

K.

Sexual Encounter Center. "Sexual encounter center" means a business or commercial enterprise that as one of its primary business purposes, offers for any form of consideration:

1.

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

2.

Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or is semi-nude.

L.

Sexually Oriented Business. A "sexually oriented business" is any business where employees or patrons expose specified anatomical areas or engage in or simulate specified sexual activities or any business which offers to its patrons services or entertainment characterized by an emphasis on matter depicting exposing describing discussing or relating to specified sexual activities or specified anatomical areas.

(Ord. 2288 § 4 (part), 2005)

In addition to the terms defined in Section 17.60.020, the following words and phrases shall have the meaning set forth below:

A.

Appeal. Wherever reference to an appeal being filed or available to be filed, such right of appeal shall also include the right to appeal administrative determinations concerning the interpretation of this chapter made by the city manager/designee to the planning commission and city council.

B.

Establishment. An "establishment" means and includes any of the following:

1.

The opening or commencement of any adult business as a new business;

2.

The conversion of an existing business, whether or not an adult business, to any adult business;

3.

The addition of any adult business to any other existing adult business; or to another existing non adult business, with or without expansion of floor area;

4.

The relocation of any adult business; or

5.

The expansion or enlargement of the premises by ten percent or more of the existing floor area.

C.

Nudity or a State of Nudity. "Nudity" or a "state of nudity" means the showing of the human male or female genitals, buttocks, pubic area, vulva, anus, anal cleft or the female breast with less than a fully opaque covering of any part of the areola.

D.

Private Viewing Area. "Private viewing area" means an area or areas in an adult business designed to accommodate no more than five or less patrons or customers for purposes of viewing or watching a performance, picture, show, film, videotape, slide, movie or other presentation. No private viewing areas shall be established, maintained or authorized and there shall be no doors curtains, stalls or other enclosures creating a private viewing area.

E.

School. "School" means any public or private educational institution which is run by the state or a subdivision thereof or which is licensed by the state to offer preschool, elementary or secondary academic instruction, including kindergartens, elementary schools, middle or junior high schools and high schools.

F.

Semi-Nude. "Semi-nude" means the showing of the male genitals or female breast below a horizontal line across the top of the areola at its highest point or the showing of a substantial portion of the male or female buttocks. This definition shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed in whole or in part.

G.

Specified Criminal Act. A "specified criminal act" also means "specified criminal acts" and includes sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, the distribution of obscenity; violations involving the distribution, display or sale of material harmful to minors; prostitution; or pandering. Specified criminal acts shall exclude those acts which are authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600-900.

(Ord. 2288 § 4 (part), 2005)

17.60.040 - Definitions—Specified anatomical areas and specified sexual activities.

The following words and phrases when used in this title shall have the meaning set forth below:

A.

Specified Anatomical Areas. "Specified anatomical areas" include any of the following human anatomical areas:

1.

Less than completely and opaquely covered genitals, pubic regions, buttocks, anuses or female breasts below a point immediately above the top of the areola; or

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

B.

Specified Sexual Activities. "Specified sexual activities" include all of the following:

1.

The fondling or other erotic touching of the following human anatomical areas: genitals, pubic regions, buttocks, anuses or female breasts;

2.

Human sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

3.

Human masturbation, actual or simulated;

The actual or simulated infliction of pain by one human upon another or by an individual upon himself or herself for the purpose of the sexual gratification or release of either individual, as a result of flagellation, beating, striking or touching of an erogenous zone, including without limitation, the thigh, genitals, buttock, pubic region or, if such person is a female, a breast;

5.

Sexual intercourse, actual or simulated, between a human being and an animal; or

6.

Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (5), above.

(Ord. 2288 § 4 (part), 2005)

In order to operate an adult business within this city, the applicant or proprietor of the business must obtain the license required by Chapter 5.76 and any other license required by this code and an adult use planning permit as required herein. It shall be unlawful and a misdemeanor, subject to punishment in accordance with Title 1 of this code, for an owner, operator, manager or employee to operate an adult business without processing an adult use planning permit, including an interim adult use planning permit required by this chapter and any license required by Chapter 5.76 of this code. All applicants for such a permit, in addition to any application or documents required to be filed pursuant to the provisions of this title shall file a written signed and verified application on a form provided by the planning department:

A.

The name and permanent address of the applicant;

B.

The name and business address of the applicant. If the applicant is a corporation the applicant shall provide the name of the state of incorporation, the name shall be exactly as set forth in its chapters of incorporation and the applicant shall show the name and address each of the officers, directors and controlling stockholders owning at least fifty percent of the stock of the corporation and/or each officer, director and controlling stockholder with day to day management of the business. If the applicant is a partnership, the application shall show the name and address of each of the partners including limited partners with at least a fifty percent ownership in the business or having day-to-day management responsibilities in the business;

C.

Location and address of the proposed adult business;

D.

Legal description of the subject property;

E.

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

F.

Proposed hours of operation;

G.

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

H.

A site plan;

I.

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

J.

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

K.

A signed and notarized authorization and waiver authorizing the chief of police, the Montebello police department or any law enforcement body or authorized law enforcement contractor to verity all of the information on the application.

L.

A statement in writing, signed and dated by the applicant, that he or she certifies under penalty of perjury that all information contained in the application is true and correct.

Within two business days of the receipt of the application, the director of planning, or his designee shall determine whether it is complete and contains all information required by this section. If the application is incomplete, the director of planning shall deny the application and immediately inform the applicant in writing of the items needed to complete the application.

Notwithstanding the fact that an application filed hereunder may be a "public record under Government Code Section 6250 et seq., certain portions of such application contain information vital to the effective administration and enforcement of the licensing and/or permit scheme established herein which is personal, private, confidential or the disclosure of which could expose the applicant to a risk of harm. Such information includes, but is not limited to, the applicant's residence address and telephone number, the applicant's date of birth and/or age, the applicant's driver's license and/or Social Security Number, and/or personal financial data. The city council in adopting the application and licensing and/or permit system set forth herein has determined in accordance with Government Code Section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this chapter by ensuring that the applicant's privacy confidentiality or security interests are protected. The city clerk shall cause to be obliterated

from any copy of a completed license application made available to any member of the public, the information set forth above.

(Ord. 2288 § 4 (part), 2005)

The community development director shall refer the completed permit application to the chief of police to investigate and verify the information contained in the application. The chief of police may refer the application to any law enforcement body or authorized law enforcement contractor to assist in this determination.

A.

After the investigation, including obtaining the information contained in the application, the chief of police shall issue a report to the director of planning the planning commission or city council as appropriate, and the community development director, the planning commission or city council, as appropriate, shall approve the adult use planning permit unless one or more of the following findings are true:

1.

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

2.

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

3.

That an applicant is less than eighteen years of age;

4.

That an applicant has been convicted of a specific criminal act for which:

a.

Less than eight years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; distribution, display or sale of material harmful to minors; prostitution; or pandering,

b.

Less than eight years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; distribution, display or sale of material harmful to minors; prostitution; or pandering,

c.

Less than eight years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanors for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; distribution, display or sale of material harmful to minors; prostitution; or pandering; conviction of any such offense occurring within twenty-four months prior to application,

d.

The fact that a conviction is being appealed shall have no effect on disqualification of the applicant,

e.

An applicant who has been convicted of any of the above described specified criminal acts may qualify to own, operate or manage an adult business only when the required time period has elapsed;

5.

That the application is incomplete.

B.

In the event the information requested pursuant to this section is not immediately available, the chief of police shall, if the application otherwise meets the requirements of this code and the investigation conducted reveals none of the factors set forth in subsection A of this section report thereon. Whereupon, the director of planning, or designee thereof, shall issue an interim adult use planning permit within ten days of the receipt of the application. Should the background information obtained by the chief of police materially vary from that on the application, such variance shall be cause to revoke the interim adult use permit and any other permit or licenses upon which such information is necessary. Any permit issued prior to the city receiving the background information required shall state clearly on its face that the permit is subject to suspension or revocation pursuant to this code.

C.

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

(Ord. 2288 § 4 (part), 2005)

Any adult use planning permit granted or approved hereunder shall be granted or approved with the city and its city council and planning commission retaining and reserving the right and jurisdiction to review and modify the adult use planning permit, including the conditions of approval, based on changed circumstances. Changed circumstances include but are not limited to the modification of the business, the change in scope emphasis, size or nature of the business, and the expansion, alteration or change of use. The reservation of the right to review any permit granted or approval hereunder by the city, city council and planning commission is in addition to, and not in lieu of, the right of the city, city council and planning commission to review and revoke or modify any permit granted or approved hereunder for any violations of the conditions imposed on such permit.

(Ord. 2288 § 4 (part), 2005)

17.60.080 - Time limit for land use review and decisions—Adult use planning permits.

A.

Interim Adult Use Planning Permit. In order to avoid undue delay or suppression of any protected expression, the director of planning shall make an initial determination of the required information contained in the application to process an adult use planning permit within five days of the date of filing the complete application. If the application is sufficient to issue an interim adult use planning permit such shall be issued by the director of planning within ten days of the date the application was deemed complete. A sufficient application shall include, but not be limited to, the applicant's meeting the requirements to be issued an adult business license required by Chapter 5.76 of this code and the proposed business must be located in the M-1 or M-2 zoning districts and subject to the locational and setback requirements of this chapter. The granting of the interim adult use planning permit by the director of planning is without prejudice to and does not preclude the denial of the final adult use planning permit application filed by the applicant. The interim adult use planning permit shall terminate upon the planning commission taking action on the final adult use planning permit. No right to operate beyond the termination of the interim adult use planning permit shall vest in the applicant if the applicant is unable or unwilling to obtain the adult business license required by Chapter 5.76 of this code and the final adult use planning permit required by this chapter.

B.

Final Adult Use Planning Permit. The planning commission shall approve or disapprove the completed adult use planning permit application within ninety days of its acceptance as complete by the director of planning or designee. The time limit established by this section may be extended once for a period not to exceed ninety days upon consent of the director of planning and the applicant. The application shall be processed and noticed in the same manner as conditional use permits are processed and noticed under state law.

1.

To approve the final adult use planning permit, the planning commission, or city council on appeal, must first make the following findings:

a.

That all applicable filing fees have been paid;

b.

That the applicant is not overdue in payment to the city of any taxes fees, fines or penalties assessed against or imposed in relation to an existing or former adult business;

c.

That the building, structure, equipment and location used by the business for which an adult business license is required complies with the requirements and standards of the health, building, zoning, fire and safety laws of the state of California, the Montebello fire department, Los Angeles County health services department and the city;

d.

That the conduct of the adult business as proposed by the applicant, if permitted, will comply with all applicable laws including but not limited to, the city's building, zoning, fire and health and safety regulations;

e.

That the city currently has no evidence demonstrating that the applicant has knowingly made any false, misleading or fraudulent statement of material facts in the adult use planning permit application or any other document required by the city in conjunction therewith;

f.

That the use is permitted in the zone, district or area in which it is proposed to be located and is in conformity with the applicable development standards of that zone, district or area, including the provision of required parking;

g.

That the use is in conformity with the locational criteria set forth in this chapter;

h.

That the design of the site and the proposed improvements are in compliance with any applicable precise plan of design approved for the site;

i.

That the proposed conduct of the adult business is in compliance with all applicable performance standards of Section 17.60.140 of this chapter.

2.

In the event the planning commission, or the city council on appeal, denies the final adult use planning permit application, the business shall cease its operations as an adult business and no further activities regulated by this chapter or Chapter 5.76 of this code shall be conducted on the premises unless and until an adult use planning permit and all licenses required by this code are obtained. The interim adult use planning permit shall also terminate on the date the adult use planning permit application is denied.

3.

If the permit requested is for a development project for construction or reconstruction subject to the Permit Streamlining Act (Government Code Section 65920 et seq.), the time limits provided in the Permit Streamlining Act shall apply to the development project for construction. The adult use planning permit's approval or denial shall be conditioned upon operation within the building to be constructed or reconstructed.

4.

Upon the filing of an appeal, in accordance with Section 5.76.040(E) of this code, the city council or a designated hearing officer shall render its decision on the appeal within forty-five days.

C.

The decision of the city council or hearing officer concerning the appeal of a denial, denial of renewal, suspension or revocation of a permit shall be final. The applicant or permittee may seek prompt judicial review of such administrative action in a court of competent jurisdiction as provided by law pursuant to California Code of Civil Procedure Section 1094.5 et seq. The city shall make all reasonable efforts to expedite judicial review in accordance with Code of Civil Procedure Section 1094.8.

(Ord. 2288 § 4 (part), 2005)

All design and performance standards set forth in this chapter are deemed to be necessary for the protection of the public health, safety and welfare and shall be applicable and govern all existing and proposed adult businesses immediately upon adoption and passage of this chapter.

In the event that there is any adult business lawfully in existence prior to the adoption of this chapter and is not in compliance with the design and performance standards of this chapter, any such adult business shall conform to all design and performance standards within six months of the effective date of this chapter.

Notwithstanding anything to the contrary contained in this section, the amortization period for a nonconforming use that is governed by consent decree or other court action shall have the amortization period established by such consent decree or court actions.

(Ord. 2288 § 4 (part), 2005)

17.60.100 - Extension of nonconforming amortization period, adult businesses.

A.

An application for extension of the amortization period for an adult business which is a nonconforming use shall be made as provided in subsection (C) and (D) of this section.

B.

The owner of the property on which an adult business is located or the owner of the adult business who desires to extend the amortization period must apply for approval of an extension not later than six months prior to expiration of the amortization period, unless the director of planning determines that good cause is shown for late filing of the application. Such application shall be made in writing on a form as prescribed by the director of planning and shall be accompanied by the required fee as established by resolution of the city council. The party requesting the extension of the amortization period shall bear the burden of proof in establishing that the amortization period established by Section 17.60.090 is unreasonable and that the requested extension is a reasonable amortization period for the owner to receive a fair rate of return on the investment in the business. The party applying for the extension shall furthermore be required in order to meet its burden of proof to submit the documentation set forth in this section.

C.

Not later than thirty days after submittal of an application to extend the amortization period, the director of planning shall notify the applicant, in writing, if the application is not complete. A complete application shall include:

The applicant's signature;

2.

A written request for an extension of the amortization period which shall include information relevant to the factors listed in subsection F of this section and shall identify the term of the requested extension;

3.

The required fees;

4.

A mailing list and a set of gummed labels with the names, addresses and tax assessor parcel numbers of all owners of real property within a radius of three hundred feet from the external boundaries of the property on which the adult business is located; and

5.

A tax assessor's parcel map identifying the properties to be notified within the three hundred foot radius.

If the application is not complete, the director of planning shall specify in writing those parts which are incomplete and shall identify the manner by which the application can be made complete. If a written determination is not provided to the applicant within thirty calendar days after it is submitted, the application shall be deemed complete.

D.

The planning commission shall hold a noticed public hearing on the request for an extension,

E.

Reserved.

F.

Criteria and Findings. In determining whether to grant an extension of the amortization period for an adult business which is a nonconforming use, and in determining the appropriate length of such an extension, the planning commission shall consider the amount of investment in the business, the opportunities for relocation to a legally permissible site, the costs of relocation, the effects of the business on the surrounding area, and the following additional factors:

1.

The present actual and deprecated value of business improvements;

2.

The applicable Internal Revenue Service depreciation schedule or functional nonconfidential equivalents;

3.

The remaining useful life of the business improvements;

The remaining lease term;

5.

The ability of the business and/or land owner to change the use to a conforming use; and

6.

The date upon which the property owner and/or business operator received notice of the nonconforming status of the adult business and the amortization requirements.

G.

The planning commission, or city council or hearing officer on appeal shall receive and consider evidence presented by the applicant and any other persons, and shall make findings that the amortization period it establishes is reasonable in view of the evidence and the criteria set forth in this section.

(Ord. 2288 § 4 (part), 2005)

A.

Any nonconforming building may be continued and maintained, except as provided in this chapter, provided there are no structural alterations, except as provided in this chapter.

B.

Any nonconforming use may be continued, except as provided in this chapter, provided that the use shall not be increased, enlarged extended or altered, except as provided in this chapter.

(Ord. 2288 § 4 (part), 2005)

17.60.120 - Removal or alterations of nonconforming uses.

The following provisions shall apply to nonconforming adult businesses:

A.

The owner of any adult business which is a nonconforming use may apply for extension of the amortization period, pursuant to Section 17.60.100 of this chapter. Such application shall be made prior to the expiration of the amortization period unless the reviewing authority determines that good cause is shown for late filing of the application.

B.

Upon the conclusion of the amortization period, any adult business which is a nonconforming use shall cease all business operations and all signs, advertising and displays relating to said business shall be removed within thirty days.

(Ord. 2288 § 4 (part), 2005)

Adult businesses shall only be permitted to be established in the M-1 and M-2 zone designations and shall be subject to the location and design standards specified by this chapter and the requirement of an adult use planning permit as otherwise provided in this chapter and code.

(Ord. 2288 § 4 (part), 2005)

17.60.140 - Location, design and performance standards.

A.

An adult business shall not be established or located within five hundred feet of:

1.

Any residential zone, residential land use district or property used for residential purposes, including mobilehome parks and trailer parks, within the city;

2.

Any church, chapel or similar place of worship or property zoned, planned or otherwise designated for such use by city action;

3.

Any funeral parlor, mortuary, cemetery or similar facility, or property zoned, planned or otherwise designated for such use by city action;

4.

Any school, nursery, day care center, park or playground or property zoned, planned or otherwise designated for such use by city action;

5.

Reserved;

6.

Any other recreational facility where minors congregate or property zoned, planned or otherwise designated for such use by city action; or

B.

An adult business shall not be established or located within five hundred feet of an existing adult business. If two or more existing adult businesses are located in closer proximity to each other than five hundred feet, then in determining which of the businesses is or are nonconforming, preference shall be given in the order of the respective lengths of continuous uninterrupted operation of the businesses.

C.

For the purposes of this section, all distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building or structure in which the adult business is or will be located to the nearest property line of any land use, land use district or zone described in subsection A of this section, or to the nearest point of the building or structure in which an existing adult business described in subsection B of this section, is located.

D.

No advertising sign or structure, advertisement, display or other promotional material depicting specified anatomical areas or specified sexual activities or displaying instruments, devices or paraphernalia designed for use in connection with specific sexual activities, shall be shown or exhibited so as to be visible from any exterior area.

E.

All building openings, entries and windows shall be located, covered or screened to prevent viewing the interior from any exterior area.

F.

No loudspeaker or sound equipment audible to persons in any public exterior area shall be used in connection with an adult business, and the business shall be so conducted that sounds associated with the business are not emitted into any public exterior area.

G.

The establishment of an adult business shall comply with the applicable site development standards including parking of the zone, district or area in which the adult business is located, the building code, fire code and the health and safety code of the city. An adult business shall comply with the applicable city permit and inspection procedures. In addition, adult businesses shall comply with the following performance standards:

1.

Each adult business shall have a business entrance separate from any other non-adult business located in the same building.

2.

No adult business shall be operated in any manner that permits the observation by the public of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any location beyond the walls of the building or portion thereof in which the adult business is conducted.

3.

The building entrance to the adult business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises.

4.

Each adult business shall be provided with a manager's station for the purpose of supervising activities within the business. A manager shall be on duty on the premises during all times that the adult business is open to the public.

5.

Any viewing room shall be visible from the manager's station of the adult business, and visibility of the entire viewing room from the manager's station shall be neither obscured nor obstructed by any curtain, door, wall or other structure.

6.

All exterior areas of adult businesses, including buildings, landscaping and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds and debris.

7.

The maximum occupancy load, fire exits, fire lanes and fire suppression equipment shall be regulated, designed and provided in accordance with the regulations and standards of the county fire department and the city's building department.

9.

Off-street parking shall be provided for the adult business as specified for the zone, district or area in which the business is located in accordance with the parking provisions of this code and as follows:

Adult Theater, Adult Cabaret or Adult Motion Picture Arcade. One parking space shall be provided for every two seats in the viewing room, or one parking space shall be provided for every two occupants per the allowable occupant load as established by the chief building official and/or the fire marshal, whichever standard is greater. In addition, one parking space shall be provided for each employee on the maximum shift.

10.

Any person who operates or causes to be operated an adult business, other than an adult motel and regardless of whether or not an adult business license has been issued to said business under this code, which exhibits on the premises in a viewing room or viewing booth of less than one hundred fifty square feet of floor space, a film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas shall comply with the following requirements:

a.

Upon application for an adult business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons shall not be permitted. A manager's station(s) shall not exceed thirty-two square feet of floor area.

b.

No alteration in the configuration or location of a manager's station shall be made without the prior written approval of the director of planning.

c.

It is the duty of the permit-holder to ensure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the premises.

d.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms shall not contain video reproduction equipment. If the premises have two or more manager's stations designed, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection shall be by direct line of sight from the manager's station.

e.

It shall be the duty of the permit-holder and any employees present on the premises to insure that the view area specified in subsection (G)(10)(d) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to insure that no patron is permitted access to any area of the premises which has been designed as an area in which patrons shall not be permitted in the application filed pursuant to this chapter.

11.

An on-site security program shall be prepared and implemented including the following items:

a.

All off-street parking areas and building entries serving the adult business shall be illuminated during all hours of operation with a lighting system designed to provide an average maintained horizontal illumination of ten foot candle of light on the parking surface and/or walkway. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult business for the personal safety of patrons and employees and to reduce the incidence of vandalism and theft. The lighting shall be shown on the required site or plot plan and shall be subject to review for compliance through the design review process by the director of planning and the chief of police.

b.

All interior portions of the adult business, except those areas devoted to mini-motion or motion pictures, shall be illuminated during all hours of operation with a lighting system designed to provide a minimum maintained horizontal illumination of not less than five foot candles of light.

c.

For adult businesses, the use of uniformed private patrol personnel, who are regularly employed by a private patrol, qualified under Chapter 5.04 of the Montebello Municipal Code, and licensed to do business in the city, shall be required in accordance with the following schedule:

d.

The private patrol officers must be licensed, must be in an easily recognizable complete private patrol officer's uniform which is in contrast to the uniform of the officers of the Montebello police department.

e.

The city manager may, upon consideration of an application for such permits, require a greater number of private patrol officers or such patrol officers may be waived, if the city manager finds that such patrol officers are not required to preserve the public peace, health and safety.

12.

Adult Motion Picture Theater.

a.

A manager's station shall be located near the main entrance and the station shall be provided with an unobstructed view of all motion picture private viewing areas.

b.

No adult motion picture arcade shall be maintained or operated unless the complete interior of the adult motion picture theater is visible upon entrance to such adult motion picture theater. No partially or fully enclosed booths or partially or fully concealed booths shall be maintained.

c.

Maximum Number of Devices. No person shall operate an adult motion picture theater in which the number of image producing devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which an image producing device is located.

13.

Adult Hotel/Motel.

a.

Evidence that a sleeping room in a hotel, motel or a similar commercial establishment has been rented or subrented and vacated two or more times in a period of time that is less than ten hours on a recurring basis creates a rebuttable presumption that the establishment is an adult hotel/motel as that term is defined in this chapter.

b.

A person is in violation of the provisions of this chapter if such person rents or sub-rents a sleeping room at a location without an adult business license and an adult use planning permit to a person or persons and within ten hours thereafter rents or sub-rents the same room to another person(s) or sub-rents the same room to the prior renter.

(Ord. 2288 § 4 (part), 2005)

For purposes of this section, "couch dancing" or "straddle dancing" shall be defined as an employee of the adult business intentionally touching any patron while engaged in the display or exposure of any specified anatomical area, or while simulating any specified sexual activity.

A.

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

1.

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

2.

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

3.

To intentionally touch any patron at an adult business while engaged in the display or exposure of a specified anatomical area or engaged in or simulating a specified sexual activity;

4.

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

B.

No employee of an adult business shall:

1.

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

2.

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

3.

Engage in the display or exposure of any specified anatomical area or engage in or simulate a specified sexual activity while intentionally touching a patron at the adult business;

4.

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

C.

No person at any adult business, regardless of whether or not said business is permitted under this code, shall intentionally touch an employee who is displaying or exposing any specified anatomical area or engaging in or simulating a specified sexual activity at the adult business.

D.

No person at any adult business, regardless of whether or not said business is permitted under this code, shall engage in a couch dance or straddle dance with an employee at the business who is displaying or exposing any specified anatomical area or engaging in or simulating a specified sexual activity.

E.

No employee of an adult business, regardless of whether or not a permit has been issued for said business under this chapter, shall engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service between the hours of two a.m. and nine a.m. of any particular day.

(Ord. 2288 § 4 (part), 2005)