Chapter 17.66 — AMUSEMENT ARCADES

The purpose of the adoption of the provisions hereof is to establish a comprehensive set of regulations applicable to the establishment of amusement arcades.

(Prior code § 9264)

17.66.020 - Definitions.

Refer to Chapter 17.08 of this code.

(Prior code § 9264.1)

17.66.030 - Conditional use permit—Required—Application.

All uses subject to the provisions hereof shall comply with all of the regulations contained in this title, and the following regulations:

A.

That prior to the establishment or conducting of an amusement arcade business, a conditional use permit therefor must be obtained pursuant to the provisions of Chapter 17.70 of this code; and

B.

That an amusement arcade business shall be considered for a conditional use permit only when it is located:

1.

In a commercial development with at least twenty-five thousand square feet of building floor area, and

2.

Not within one thousand feet from any existing amusement arcade, and

3.

Not within one thousand feet from any public or private school;

C.

That a statement of operation be provided in addition to the application for a conditional use permit for an amusement arcade business containing the following information:

1.

The name and address of the establishment,

2.

The name and address of the owner, partner or corporate officers of the establishment,

The number of amusement game machines to be placed at the establishment,

4.

The name and address of the distributor or supplier of the amusement game machines,

5.

A statement setting forth the manner and method of providing adult supervision at the establishment,

6.

A statement setting forth the number of off-street parking spaces and storage facilities for automobiles, bicycles, skateboards and other modes of transportation,

7.

A statement setting forth any arrests or convictions of owner, partner or corporate officers of the establishment for crimes involving minors within the past ten years. Arrests or convictions may be cause for denial or revocation of an application,

8.

Such other information as may be required by other city divisions for determination of the applicant's qualifications.

(Prior code § 9264.2)

Approval of a conditional use permit for an amusement arcade business shall be made subject to the following provisions as well as any other conditions found to be necessary by the planning commission:

A.

Bicycles. The arcade shall provide storage facilities to prevent an accumulation of bicycles and skateboards on pedestrian walkways or parking areas. These facilities shall be provided so as not to interfere with the use of sidewalks, parking lots, or streets by the public. Parking for bicycles shall be provided art one bicycle space for every two amusement game machines.

B.

Arcade Supervisors/Operators. No amusement arcade shall be open to the public without at least one adult (over eighteen years of age) employee present on the premises. The adult personnel shall provide continuous supervision of the amusement arcade during all hours of operation with the authority and ability to close and lock the premises upon police orders.

C.

Hours of Operation. The hours of operation shall be considered by the planning commission after examination of the location and surrounding properties and uses.

D.

Security. Amusement arcades shall provide sufficient security measures so as to effectively regulate interior and exterior loitering, parking congestion, disturbing noise and light, loud conversations, criminal activities, and maintenance of the subject site. No owner, proprietor or employee of any amusement arcade shall permit the sale or consumption of alcoholic beverages on the premises.

E.

Continuing Jurisdiction of the Planning Commission. The planning commission shall have continuing jurisdiction over conditional use permits granted for amusement arcades for the purpose of periodically reviewing the adequacy of security and supervision. When in its discretion, the planning commission deems such review to be necessary, it shall hold a public hearing of which the owner or proprietor shall be given ten days' written notice. Further notice shall be provided as directed by the planning commission. If the planning commission finds that adequate security is not being provided, it may impose such further conditions on the use of the premises necessary to improve such security, including, but not limited to, modification of the hours of operation and requiring the owner or proprietor to post a state-licensed security guard. The decision of the planning commission can be appealed to the city council as in other cases.

(Prior code § 9264.3)

Chapter 17.68 - HORSES

The purpose of these regulations is to allow for the keeping of horses as an accessory use in residential zones and to protect persons and property values from indiscriminate and harmful horsekeeping operations. Commercial horsekeeping requires a conditional use permit (see Chapter 17.70 of this code.)

(Prior code § 9265)

No horse shall be maintained on a lot containing less than ten thousand square feet in area.

A.

Required Lot Area—R-A. No horse shall be maintained on a lot or parcel containing less than ten thousand square feet of area if a riding trail abuts the property or twenty thousand square feet if no riding trail abuts the property. A lot that abuts a riding trail shall have not less than ten thousand square feet with not less than ten thousand square feet for each horse.

B.

Number of Horses Allowed—R-1 through R-4. No horse shall be maintained on a lot containing less than ten thousand square feet in area. The following ratio of horses to acreage shall not be exceeded for noncommercial horsekeeping operations.

1.

Less than one and one-half acres: two horses;

Between one and one-half acres and four acres: four horses;

3.

More than four acres: two horses per acre.

C.

R-A Zone. The following poultry and animals may be kept under the following conditions:

1.

Poultry or rabbits for private noncommercial uses; provided, that all such poultry and rabbits shall be confined at all times within an enclosure;

2.

The grazing of horses and bovine animals (excluding dairies); provided, that sites of four acres or less have no more than two horses or two bovine animals per acre of ground devoted to grazing for same;

3.

Animals raised for bearing, feed or scientific purposes, subject to a conditional use permit.

D.

Occupancy Permit Required. To insure compliance with these regulations, an occupancy permit shall be required for all sites and facilities where horses are kept.

E.

Plot Plan Approval Required. At the time an occupancy permit is requested for keeping of horses, or at the time any additions or changes are requested for an existing horsekeeping facility, a scaled, dimensioned plot plan showing all structures, their use, access and egress, parking areas, corrals, arena area, stalls, hay or feed storage, drinking water and restroom facilities, hose bib locations, stable exits, riding and hiking trails shall be submitted and approved by the city planner.

(Prior code § 9265.1)

A.

Required lot area: The lot shall contain ten thousand square feet and abut a riding trail as shown on the adopted parks and recreation element of the Montebello general plan; and

B.

Lot coverage: Not more than seventy percent of any lot utilized for such purposes may be covered with structures; and

C.

Signs: One sign not more than fifteen square feet in area may be maintained identifying such lot; and

D.

Number of horses: The total number of horses on any such lot shall not exceed the total number of stalls on the lot and shall in no case exceed the ratio of fifty horses per acre; and

E.

Sanitation facilities: Drinking water and toilet facilities shall be provided and maintained for the use of those persons authorized to be on the premises. The health official may allow the common use of facilities on adjacent properties when written permission has been given by the owner and when the distance from the horsekeeping site to the sanitary facilities does not exceed three hundred feet.

(Prior code § 9265.2)

17.68.040 - Site development standards—Compliance.

All sites where horses are kept shall comply with the following site development standards.

(Prior code § 9265.3 (part))

All on-site excavating and grading shall be done in compliance with the excavating and grading regulations as contained in Chapter 15.48 of this code.

(Prior code § 9265.3 (A))

All sites shall be improved and maintained to provide adequate site drainage into acceptable drainage course or storm drain facilities. All drainage facilities shall be maintained to prevent accumulation of debris, obstructions and standing water.

(Prior code § 9265.3 (B))

17.68.070 - Site development standards—Fences and gates.

All areas where horses are kept shall be surrounded by a substantial fence with gates having a minimum height of five feet. The lowest member of the fence shall not be more than one foot above the ground. Horizontal intermediate members in open-type railings shall not be spaced more than two feet apart.

(Prior code § 9265.3 (C))

All areas where horses are kept shall be separated from adjoining public streets by a minimum setback of one hundred feet or by screen-type landscaping at least five-feet high that obscures the view. All such landscaping shall be provided with irrigation and maintained.

(Prior code § 9265.3 (D))

17.68.090 - Site development standards—Feed storage.

All grain or pellet feed shall be stored in a verminproof container.

(Prior code § 9265.3 (E))

17.68.100 - Site development standards—Paving.

All vehicular driveways, parking and turning areas shall be paved and maintained in compliance with Chapter 17.52 of this code, Off-Street Parking.)

(Prior code § 9265.3 (F))

17.68.110 - Site development standards—Fire protection.

A.

All sites shall have a minimum of one-inch service supply line from a one-inch full-flow meter. A standard approved hose valve and a minimum of fifty feet of three-fourth-inch hose with a national standard hose coupling (screw threads) shall be provided. Water sources shall not be more than one hundred feet apart. "No Smoking" signs shall be posted near straw, hay, shavings and other loose combustible materials.

B.

At least one approved-type fire extinguisher shall be maintained in each building or an alternative extinguishing system approved by the fire marshal.

(Prior code § 9265.3 (G))

17.68.120 - Site development standards—Stalls.

A.

Except when horses are maintained by grazing, there shall be not less than one enclosed stall of one hundred square feet for each horse kept on the site. The stalls shall have a minimum width of seven feet and minimum overhead clearance of seven feet.

B.

All open stalls must be at least two hundred square feet.

C.

Stables housing ten or more horses shall be provided with at least two exits, each not less than eight feet wide. The exists shall be located a minimum distance apart equal to not less than one-fifth of the perimeter of the stables.

D.

No stall or barn shall be kept or maintained within forty feet of any window or door of any building used for human habitation, nor within forty feet of any portion of a required yard space adjoining property if such property is devoted to a use other than agriculture.

(Prior code § 9265.3 (H))

17.68.130 - Site development standards—Signs and registers required.

A.

On each stall, stable, bar, corral or enclosure where horses are kept, there shall be provided and maintained a conspicuous and legible sign giving the name, address and telephone number of the person responsible for the care of all horses on the site. In addition, each horse will have a legible sign giving the name and address of its owner.

B.

All stallions shall be identified by a sign and warning notice, sufficient to be readily observed from the area surrounding the stall where each stallion is kept.

C.

A current register shall be kept on the premises, listing the name and description of each horse kept on the premises, the name, address and phone number of the owner of each horse or the person to be contacted in any emergency.

(Prior code § 9265.3 (I))

17.68.140 - Site development standards—Size of corrals.

All corrals shall have not less than three hundred square feet of area for the first horse and an additional one hundred square feet for each additional horse.

(Prior code § 9265.3 (J))

17.68.150 - Site development standards—Use of stalls.

No person shall sleep, prepare meals, or conduct other personal living activities in horse stalls or in attached accessory structures.

(Prior code § 9265.3 (K))

17.68.160 - Site maintenance standards—Compliance.

All sites where horses are kept shall comply with the following site maintenance standards.

(Prior code § 9265.4 (part))

Sites shall be kept free from accumulations of weeds, litter and unused materials.

(Prior code § 9265.4 (A))

All sites where horses are kept, including exercise areas, corrals and paths shall be prepared and maintained with materials such as wood chips, gravel, oil, turf, chemical compounds or other substances designed for the purpose of adequately controlling dust.

(Prior code § 9265.4 (B))

All structures and fences shall be painted and maintained, except that those materials having sufficient weatherresistant quality may be exempted by approval of the city planner. All metal or sheet metal structures shall be maintained in a rust-free condition.

(Prior code § 9264.4 (C))

17.68.200 - Site maintenance standards—Manure.

A.

All manure must be removed from the premises and disinfectant shall be applied as directed within forty-eight hours after instructions signed by the county health officer in the event fly infestation is detected.

B.

No person shall keep or permit to be kept any manure in any bin or box for a period longer than seven days nor fail, refuse or neglect to clean and disinfect such bin or box when ordered to do so by the health officer.

C.

No person shall keep any manure within one hundred feet of any church, school, hospital or any place where food products are kept, stored or manufactured, or within thirty-five feet of any window or door of any structure used for human occupancy.

(Prior code § 9265.4 (D))

Chapter 17.69 - SIDEWALK DINING

The purpose of this chapter is to permit and regulate sidewalk dining. The city recognizes that the use of public walkways for limited sidewalk dining areas can improve the business environment and enhance the quality of life for residents so long as such use is consistent with the underlying dedication for public right-of-way, does not impede travel, and does not interfere with the rights of adjoining property owners. Therefore, the city may permit such uses on a temporary or nonpermanent basis and as a special privilege, not as a matter of right.

(Ord. No. 2357, § 3, 3-26-2014)

The definitions set forth in this section shall have the following meanings for the purposes of this Chapter 17.69.

"Administrative hearing" means the hearing before the director as set forth under Section 17.69.050.

"Applicant" means a person, entity, or corporation representing the restaurant business applying for the Permit. The applicant shall be authorized to represent the business in a contract.

"Director" means the director of community development or such other person that the city manager may designate to administer the provisions of this chapter.

"Permit" means the permit created by this chapter allowing a business to occupy for outdoor dining a portion of the public sidewalk.

"Permit area" means an area within the public walkway set up in conjunction with the uses of the abutting property for dining and including both any obstruction and any activity related to dining, including, but not limited to, waiting for tables, waiting on tables, busing tables and entertainment.

"Permittee" means the person, entity, or corporation representing the business to which the permit is issued.

"Primary business" means the restaurant or retail sales establishment serving prepared food to which the sidewalk dining is an accessory use pursuant to Montebello Municipal Code Section 17.08.030.

a.

Primary businesses by definition shall include restaurants and retail business establishments that sell prepared food, including but not limited to bakeries, ice cream parlors and delicatessens.

b.

Primary businesses shall not include bars or other establishments that do not qualify as a bona fide restaurant pursuant to Montebello Municipal Code Section 17.61.020.

"Renewal annual permit" means the annual renewal of the sidewalk dining permit as described in Section 17.69.140 of this chapter.

"Restaurant" as defined in Section 17.08.610 of the Montebello Municipal Code.

"Restaurant with alcohol sales" for purposes of this chapter shall mean bona fide restaurant as defined in Montebello Municipal Code Section 17.61.020 holding current and valid state and local licenses and permits to allow the sale of alcohol with food.

"Sidewalk" means that part of the public right-of-way dedicated to pedestrian circulation, including without limitation a public sidewalk or a public pedestrian mall.

"Sidewalk furnishings" means fixtures used in the use of the sidewalk for outdoor dining including tables, seating, portable lighting, heaters, umbrellas and canopies.

(Ord. No. 2357, § 3, 3-26-2014)

17.69.030 - Sidewalk dining permit and fee.

A.

Permit.

1.

Permit Required. Any restaurant desiring to erect, construct; place or maintain an encroachment upon any public sidewalk for outdoor sidewalk dining facilities must first obtain a permit pursuant to this chapter.

Rights Granted. The permit only grants the permittee with a license to use the public sidewalk in the manner set forth herein. The permit does not grant any property right in the sidewalk.

3.

Non-transferrable. The permit is non-transferable and non-assignable.

4.

Annual Renewal. The permit shall be renewed annually as described in Section 17.69.140 of this chapter.

5.

Revocable. The permit is a privilege which is revocable at will and may be revoked by the city, for or without any cause whatsoever, at any time.

B.

Application Fee. With the application for a sidewalk dining permit, the applicant shall pay the sidewalk dining application fee established by city council resolution.

(Ord. No. 2357, § 3, 3-26-2014)

The applicant shall file an application with the director and shall pay the application fee specified by resolution of the council. The director shall establish a form for applications for a permit, including any application materials deemed necessary to enable complete review of the application. The application shall contain, at a minimum, the following information:

A.

Applicant. The name and signature of the applicant; and

B.

Business. The name and address of the business desiring to extend its operations onto an appurtenant sidewalk; and

C.

Hours of Operation. The hours that the permit area is proposed to be used for outdoor dining; and

D.

Plans. A plan, drawn to scale and dimensioned showing:

1.

The perimeter of the permit area.

2.

The unencumbered sidewalk area available for pedestrians

3.

All sidewalk furnishings including but not limited to umbrellas, tables, chairs and other portable appurtenances.

4.

Proposed permanent modifications including but not limited to fencing, landscaping or utility connections.

E.

Mailing List. A list of property owners as described in Montebello Municipal Code Section 17.78.010.

F.

Additional Information. Other information as may be required to establish, to the satisfaction of the director, that the proposed use will not impede or impair the use of the public walkway.

G.

Declaration. A declaration, under penalty of perjury, that all information provided in the application is true and correct.

(Ord. No. 2357, § 3, 3-26-2014)

17.69.050 - Sidewalk dining permit application review process.

A.

Application Completeness. The director, or designee, shall review the application for completeness.

B.

Schedule Administrative Hearing. An administrative hearing before the director on the proposed application shall be scheduled no more than thirty days after the application is deemed complete.

C.

Application Noticing. No less than twelve days prior to the administrative hearing, the application shall be noticed in the following manner:

1.

Mailed or Delivered Notice. Notice of the permit application shall be mailed to property owners as described in Montebello Municipal Code Section 17.78.040.

2.

Site Posting. A notice of the permit application shall be posted in a prominent location on the business requesting the permit.

D.

Notice Contents. The notice shall include the following:

Applicant Identification. The business name, address and a description of the business requesting the permit.

2.

Request Description. A description of the proposed request, including but not limited to, the number of tables and seating proposed and whether or not alcohol will be permitted.

3.

Administrative Hearing Process Explained. An administrative hearing will be held on the date noticed if and only if a statement of concern is received by the community development department twenty-four hours before the tentative hearing date. If no concerns are received, the tentatively scheduled hearing will be cancelled.

E.

Administrative Hearing Procedures.

1.

The director, or designee, shall preside over the administrative hearing.

2.

The director, or designee, shall hear testimony for and against the permit application.

3.

The administrative hearing may be continued by the director without additional noticing.

F.

Decision and Notice. Within seven days of the conclusion of the administrative hearing or within seven days of the scheduled date of the administrative hearing, if cancelled, the director shall:

1.

Make the findings of fact as required by the chapter.

2.

Approve, approve with conditions or deny the permit application.

3.

Mail notice of the decision to the applicant and any other person requesting such notice.

G.

Appeal Process. The director's decision may be appealed to the planning commission as described in Montebello Municipal Code Section 17.78.060.

(Ord. No. 2357, § 3, 3-26-2014)

The permit may be approved only if the following findings are made:

A.

Sidewalk dining as proposed in this location meets the standards of this chapter and will comply with the conditions and restrictions set forth in this part, including obtaining all other permits and entitlements necessary for the intended use; and

B.

Sidewalk dining in this location is compatible with the use and enjoyment of the surrounding neighborhood uses and does not unduly interfere with the use of adjacent or neighboring properties; and

C.

Sidewalk dining use in this location does not impede travel on the public walkway, or create a hazard to the safety or health of pedestrian; and

D.

Sidewalk dining use in this location will not adversely impact traffic and parking safety in the surrounding area.

(Ord. No. 2357, § 3, 3-26-2014)

17.69.070 - Indemnification and insurance for all permits.

A.

Indemnification. As a condition to issuance, the permittee shall submit to the city's risk manager a signed agreement to defend, indemnify, save, and hold harmless the city and all of its officers, agents, or employees from and against any liability, loss, claims, suits, damages, costs, expenses, and judgments (including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of, or are claimed to result from or to raise out of any acts, negligence, errors or omissions of the permittee resulting from any and all operations under the permit granted pursuant to this chapter. In addition, the agreement to indemnify shall include, but is not limited to, personal injury and property or other damage sustained by any person or persons (including but not limited to, companies, or corporations, permittee and its employees, or agents, and members of the general public.). The agreement to indemnify required herein shall be in a form approved by the city attorney's office.

B.

Insurance. As a condition to issuance, the permittee shall, at his or her own cost and expense, obtain and maintain in full force and effect all of the necessary insurance coverage for the full term of the sidewalk dining permit or any renewal thereof naming the city, its officials, employees, agents, and volunteers as an additional insured. The level of coverage shall be in the amount to be determined by the city's risk manager or the city manager's designee assigned to perform the functions of the risk manager.

(Ord. No. 2357, § 3, 3-26-2014)

17.69.080 - Sidewalk dining permit design standards for all permits.

In addition to any specific conditions of approval adopted for a permit, all sidewalk dining uses must comply with the following design standards.

A.

Clear Pedestrian Path. A minimum of five feet clear path of pedestrian travel is required.

B.

Setbacks. The permit area shall be located shall comply with the following minimum setbacks:

1.

Intersection. The permit area shall be located at least twenty feet from an intersection.

2.

Driveways. The permit area shall be located at least five feet from alleys, driveways, disabled person parking ramps, commercial loading zones, and bus zone areas; and

3.

Parallel Parking. The permit area shall be located at least three feet from any curb adjacent parallel parking space.

4.

Street Signs. The permit area shall be located at least three feet from traffic signs, utility poles, fire hydrants, parking meters, and other street fixtures; and

5.

The director may require a larger setback distances to provide for unimpeded pedestrian passage, traffic management, or any other public-use purpose.

C.

Compatibility. Tables, chairs, and other sidewalk furnishings must be compatible with the building in design, material, and color.

D.

Sidewalk Furnishings.

1.

Sidewalk furnishings shall not be placed in public right-of-way where they may interfere with safe line-of-sight distance or may otherwise pose a traffic safety hazard.

2.

Sidewalk furnishings shall not be placed where they may interfere with the pedestrian path of travel or may create a safety hazard.

3.

Equipment for the service of customers, including but not limited to trays or carts, eating or drinking utensils, linens, and cooking appliances shall not be placed or maintained on any portion of the sidewalk; and

4.

Umbrellas and free-standing canopies shall have a minimum height clearance of seven feet over the pedestrian walkway. Umbrella bases shall be completely within the permit area.

5.

All non-metallic umbrellas and canopies shall be flame proof.

E.

Outdoor lighting is required where food and drinks are served in the evening. Lighting may not cause glare of visual obstruction to drivers or pedestrians. Electrical cords or strings of lights may not be strung over or placed on public right-of-way.

F.

All sidewalk dining areas must comply with the Americans with Disabilities Act (ADA) guidelines.

(Ord. No. 2357, § 3, 3-26-2014)

17.69.090 - Sidewalk dining permit operating standards for all permits.

A.

Hours of Operation.

1.

The hours of operation shall be limited to the hours of operation for the primary business.

2.

Notwithstanding the hours of operation of the primary business, no permit area shall operate between the hours of 11:00 p.m. and 6:00 a.m.

B.

Permit Area Maintenance. The permit area must be maintained in the following manner:

1.

The permit area must be kept clear of litter and food scraps at all times.

2.

The sidewalk furnishings must be kept in a clean, safe condition at all times.

Sidewalk furnishings must be removed from the public right-of-way at close of business and stored out of public view.

4.

The permit area must be swept and mopped after the sidewalk furnishings are stored in the evening.

C.

Smoking. Smoking is prohibited in permitted sidewalk dining areas.

D.

Sit-down Dining. Dining within the permit area shall be limited to sit-down food and beverage service only. No stand-up service is permitted.

E.

Sound. Acoustic music is permitted in the permit area. However, the installation and/or use of speakers and other amplified sound equipment is not allowed.

F.

Compliance with Conditions. All conditions of the permit must be complied with at all times.

G.

No additional parking shall be required for the issuance of a sidewalk dining permit.

(Ord. No. 2357, § 3, 3-26-2014)

17.69.100 - Sidewalk dining area permit for alcohol sales.

A.

Permit Required for Alcohol Sales. The permit must specifically permit the sale of alcohol on the sidewalk.

B.

Conditional Use Permit for Alcohol. The primary use must be a bona fide restaurant with a conditional use permit allowing on-sale alcohol in the main dining area as well as the permit area.

C.

Alcohol Sales Permit Review Process. The permit for alcohol sales shall be reviewed in the manner described in Section 17.69.110 of this chapter.

(Ord. No. 2357, § 3, 3-26-2014)

In addition to any specific conditions of approval adopted for a permit and all the standards presented in Section 17.69.080, all sidewalk dining uses that sell alcohol within the permit area shall comply with the following conditions:

A.

Physical Barrier. The permittee must install a physical barrier to control ingress and egress to the permit area. Barrier design shall be subject to the review and approval of the director. The director shall consider the following in the review:

1.

The barrier clearly defines the permit area to minimize opportunities for illegal consumption of alcohol.

2.

The barrier is compatible with the architectural character of the primary use.

3.

The barrier does not impede pedestrian traffic.

B.

Signs Advertising Alcohol Prohibited. The permittee shall neither use nor allow any free-standing card or any posted placard or sign of any size or kind promoting alcohol service or beverages within the permit area.

(Ord. No. 2357, § 3, 3-26-2014)

In addition to any specific conditions of approval adopted for a permit and all the standards presented in Section 17.69.090, all sidewalk dining uses that sell alcohol within the permit area must comply with the following standards.

A.

The primary use is a bona fide restaurant as defined in Montebello Municipal Code Section 17.61.020.

B.

The permittee holds a current and valid liquor license issued by the California Department of Alcoholic Beverage Control allowing its public eating establishment to operate as a bona fide public eating place under state law; and

C.

The licensee under the liquor license issued by the California Department of Alcoholic Beverage Control is in full compliance with all conditions and restrictions of the applicable liquor license; and

D.

The primary use and the site upon which the primary use is located are in full compliance with all provisions of this code and would continue to be in full compliance if and after a permit to allow alcohol sales in the permit area is issued.

(Ord. No. 2357, § 3, 3-26-2014)

Any permittee desiring to change the permitted use by increasing the size of the permit area, by changing substantially the use of arrangement of the occupancy or by adding previously unpermitted alcohol service to the permit area, shall file a new permit application under this chapter.

(Ord. No. 2357, § 3, 3-26-2014)

17.69.140 - Annual renewal permit and fee.

A.

Annual Renewal Permit.

1.

Annual Renewal Permit Request. Thirty days prior to expiration of the permit the permittee shall submit in writing a request for renewal. The request shall include a declaration under penalty of perjury that the permittee is in compliance with the provisions of this chapter, with the conditions of the permit.

2.

Failure to Request a Renewal in a Timely Manner. Failure to submit the renewal request thirty days prior to the expiration date shall cause a lapse in the permit which terminates the privilege to conduct business in the permit area. An application for a new permit must then be filed to restore the privilege to conduct business in the permit area.

B.

Annual Permit Renewal Fee (if any).

1.

Annual Renewal Fee Payment. Thirty days prior to expiration of the permit the permittee shall pay the annual permit renewal fee (if any) established by city council resolution.

2.

Failure to Pay the Fee in a Timely Manner. Failure to pay the renewal fee thirty days prior to the expiration date shall cause a lapse in the permit which terminates the privilege to conduct business in the permit area. An application for a new permit must then be filed to restore the privilege to conduct business in the permit area.

(Ord. No. 2357, § 3, 3-26-2014)

Chapter 17.70 - CONDITIONAL USE PERMITS

The purpose of the conditional use permit is to allow proper integration of uses into the community which may only be suitable in specific locations, or only if such uses are designed or constructed in a particular manner on the site, and under certain conditions.

(Prior code § 9271.1)

17.70.020 - Authority to grant.

The planning commission shall have the authority, subject to the procedure set forth herein, to grant a conditional use permit. (See Exhibit 17.70.020, Conditional Use Permit Process.)

(Prior code § 9271)

EXHIBIT 17.70.020

CONDITIONAL USE PERMIT PROCESS City of Montebello

==> picture [530 x 266] intentionally omitted <==

The requirement to obtain a conditional use permit shall include, but not be limited to, private concerns occupying or using city-owned property in any zone, when the occupancy or use would otherwise require a conditional use permit. See Appendix A, Index of Permitted Uses, for specific uses allowed with a conditional use permit.

(Prior code § 9271.2)

17.70.040 - Application—Form—Fee.

Application for a conditional use permit shall be made by the property owner or an authorized agent, to the planning commission, on a form provided for the purpose by the city. The application shall be accompanied by a filing fee in an amount established by resolution of the city council.

(Prior code § 9271.3)

17.70.050 - Application—Accompanying maps and data.

An application for a conditional use permit shall be accompanied by maps showing the subject property as well as the surrounding areas, plot plans of the subject property showing all existing and proposed buildings and uses, a list of names and addresses of all surrounding property owners as set forth in Chapter 17.78 of this code and such data as may be required by the city planner to adequately present the application to the commission.

(Prior code § 9271.4)

The city planner sets the request for conditional use permit for a public hearing before the planning commission in the manner specified in Chapter 17.78 of this code.

(Prior code § 9271.5)

Before any conditional use permit shall be granted, all of the following findings must be made:

A.

That the site for the proposed use is adequate in size and shape;

B.

That the site has sufficient access to streets and highways, and is adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use;

C.

That the proposed use will not have an adverse effect upon adjacent or abutting properties; and

D.

That the proposed use is consistent with the objectives of the community redevelopment project area in which the site is located.

(Ord. 2120 § 8, 1995; prior code § 9271.6)

The commission may grant a conditional use permit subject to such conditions as the commission finds are warranted by the circumstances involved. These conditions may include the dedication and development of streets adjoining the property and other improvements. All such conditions shall be binding upon the applicants, their successors and assigns; shall run with the land; shall limit and control the issuance and validity of certificate of occupancy; and shall restrict and limit the construction, location, use and maintenance of all land and structures within the development.

(Prior code § 9271.8)

Before any conditional use permit granted according to the provisions hereof shall become effective, the applicant must file a written statement, in the form to be prescribed by the city planner acknowledging and

accepting all of the conditions, if any, imposed upon such conditional use permit. Failure to file such written statement with the city planner within thirty days after notice shall automatically terminate the conditional use permit.

(Prior code § 9271.13)

17.70.100 - Yard, height, area and off-street parking requirements.

The requirements of this title relating to yard, building and structure height, area and off-street parking requirements, for any use for which a conditional use permit is required, shall be observed, except where the commission and/or council finds that specific alterations and/or exemptions are reasonable and are required to be made.

(Prior code § 9271.14)

A.

Within twenty days after completion of the public hearing, the commission shall announce its findings in a formal resolution on a request for a conditional use permit unless an extension of the time has been agreed to by the applicant. The commission may grant, conditionally grant or deny a conditional use permit based on the evidence submitted and its own study and knowledge of the circumstances.

B.

The planning commission resolution shall contain the facts and reasons which, in the opinion of the planning commission, make the granting of the conditional use permit necessary to carry out the general purpose of this code. The resolution shall set forth those conditions necessary to insure that granting the conditional use permit will not adversely affect the surrounding properties nor the general welfare of the community.

(Prior code § 9271.7)

17.70.120 - Application—Notice of decision.

Not later than seven days following the planning commission's action in granting or denying the conditional use permit, a copy of the resolution shall be mailed to the applicant at the address shown on the application form and to any other person requesting a copy.

(Prior code § 9271.9)

Any condition imposed upon the granting of a conditional use permit may be modified or eliminated, or new conditions may be added; provided, that the granting body shall first conduct a public hearing in the same manner as required for the granting of the original permit. No such modification shall be made unless the commission or council finds that such modification is necessary to protect the public interest and/or adjacent or abutting properties; or, in case of deletion of an existing condition, that such action is necessary to permit reasonable operation and use under the conditional use permit.

(Prior code § 9271.12)

The provisions of Chapter 17.78 of this code, regarding appeal of the commission's action and the effective date of approval, shall apply.

(Prior code § 9271.10)

The provisions of Chapter 17.80 of this code, regarding expiration and revocation of a conditional use permit, shall apply.

(Prior code § 9271.11)

Where an application for a zone variance or conditional use permit has been denied by the city council, upon an appeal from a decision of the planning commission, if substantially the same application, relating to the same real property, is refiled, within a period of one year after such denial, the action of the commission, after the conduct of a hearing upon which such application, shall be to recommend to the city council either the approval, denial or conditional approval of such application. The commission's recommendation shall be forwarded to the city council, and the city council, based upon the hearing to be held before it and the commission's recommendations, shall determine whether the application should be approved, disapproved or conditionally approved.

(Prior code § 9271.15)

Chapter 17.71 - CANNABIS CULTIVATION, MANUFACTURING, AND TESTING FACILITIES

The terms and phrases used in this chapter shall have the same meaning as in Chapter 5.90 of this code.

(Ord. No. 2399A, § 2, 2-28-2018)

17.71.010 - Permitted zones; distance from sensitive uses.

A.

Cannabis cultivation sites, manufacturing sites, testing laboratories, distributors, and delivery-only retailers shall be permitted only in light manufacturing (M-l) and heaving manufacturing (M-2) zones, subject to a development agreement and conditional use permit approved by the city, as described in Chapter 5.90.

B.

No premises operating commercial cannabis activities shall be located within a six-hundred-foot radius of a school providing instruction in kindergarten or any grades one through twelve, a day care center, a youth center, or a property that is zoned R-A (residential-agricultural), R-l (single-family residential), R-2 (two-family residential), R-3 (multiple-family residential), or R-4 (high density residential), as of the time the development agreement is approved by the city. The distance specified in this subsection shall be the horizontal distance measured in a straight line from the property line of the school, day care, youth center, or residentially zoned parcel to the closest property line of the lot on which the premises is to be located, without regard to intervening structures.

(Ord. No. 2399A, § 2, 2-28-2018; Ord. No. 2404, § 2, 6-13-2018)

17.71.020 - Minimum development and operating standards.

A.

Permittees, and the premises upon which commercial cannabis activities are operated, shall strictly comply with this code, the development agreement approved by the city, the conditional use permit approved by the city, the Act, and the Regulations. To the extent of a conflict among any of the foregoing, the more restrictive provision shall control unless a different intent is clear from context.

B.

All premises where commercial cannabis activities are operated shall comply with the following minimum development and operating standards:

1.

All cultivation, manufacturing, testing, storage, and other operations of commercial cannabis activities shall occur in a fully enclosed and permanent building, as described in Chapter 5.90.

2.

Persons under the age of twenty-one shall be prohibited from the premises at all times.

3.

A premises shall notify patrons of the following through the posting of a sign in a conspicuous location: (a) that loitering on and around the premises is prohibited by California Penal Code § 647(e); (b) that patrons must immediately leave the site upon concluding the reason for their visit, and may not consume cannabis or cannabis products on the premises; (c) that patrons may be subject to prosecution under federal law; and (d) that the use of cannabis or cannabis products may impair a person's ability to drive a motor vehicle or operate machinery.

4.

Permittees shall provide the name and phone number of an on-site staff person to the Montebello Police Department and City Manager for notification if there are operational problems or emergencies associated with the premises or the operation thereof.

5.

All commercial cannabis activities shall be operated within the specific part of the premises specified in the development agreement or conditional use permit, and no commercial cannabis activities shall exceed the square footage authorized in the controlling development agreement, conditional use permit, or the licensee's license, whichever is most restrictive.

6.

All exterior windows, doors, loading and unloading docks or bays, and any points of ingress or ingress into the structure on the premises in which commercial cannabis activities will be operated shall be secured from unauthorized entry by commercial grade, nonresidential locks, and in a manner approved by the Montebello

Police Department. The exterior of each of the foregoing areas shall be illuminated during evening and early morning hours.

7.

The ingress and egress points of any storage areas for cannabis or cannabis products shall be locked and secured at all times, and under the control of and accessible only by permittee's authorized personnel.

8.

Each permittee shall implement a track-and-trace system, approved by the Montebello Police Department and compliant with the Act and Regulations, to record the chain of supply of cannabis or cannabis products from "seed-to-sale."

9.

The operation of commercial cannabis activities, cannabis or cannabis products, shall not be visible from any public right-of-way.

10.

The exterior appearance of the premises, including but not limited to the design, color, landscaping, screening, architectural treatments, signage, and similar aesthetic features of the premises shall comply with the standards applicable to the underlying zoning district, as may be modified or supplemented though the development agreement or conditional use permit.

11.

Except as modified herein, or in a development agreement or conditional use permit, the premises shall comply with the development standards applicable to the underlying zoning district.

12.

All exterior signage on the premises shall comply with the standards of this code, or the development agreement or conditional use permit, whichever are more restrictive.

13.

The exterior of the premises shall comply with the city's generally applicable lighting standards including, without limitation, fixture type, wattage, illumination levels, shielding, and associated approvals and permits.

14.

All waste generated by or resulting from commercial cannabis activities shall be disposed of as required by law, and pending disposal shall be stored in a locked and secure area that is under the control of and accessible only by permittee's authorized personnel.

15.

There shall not be on-site sales of alcohol or tobacco products, and no on-site consumption of food, alcohol, tobacco, cannabis, or cannabis products on the premises.

Except as otherwise set forth in a development agreement, the hours of operation for a premises shall be limited to: Monday [through] Sunday, 8:00 a.m. to 8:00 p.m.

17.

The premises shall provide an odor absorbing ventilation and exhaust system so that odor generated inside the structure where commercial cannabis activities are operated is not detected outside the structure, anywhere on adjacent property, public rights-of-way, or within any other unit or structure on the premises aside from the structure where commercial cannabis activities are operated.

18.

If hazardous materials, flammable gas, flammable liquefied gas, flammable and combustible liquids, or other flammable material, as those terms are defined in California Fire Code Section 202, are to be used in the operation of commercial cannabis activities, then the provisions of California Fire Code Section 407 shall be applicable where hazardous materials subject to permits under California Fire Code Section 50 (Hazardous Materials) are located on the premises or where required by the Montebello Fire Department.

19.

Storage, use and handling of compressed gasses in compressed gas containers, cylinders, tanks, and systems shall comply with California Fire Code Chapter 53. Partially full compressed gas containers, cylinders or tanks containing residual cases shall be considered as full for the purposes of the controls required. Compressed gasses classified as hazardous materials shall also comply with California Fire Code Chapter 50 for general requirements and California Fire Code Chapter 53 addressing specific hazards, including California Fire Code Chapter 58 (Flammable Gases), California Fire Code Chapter 60 (Highly Toxic and Toxic Materials), California Fire Code Chapter 63 (Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids), and California Fire Code Chapter 64 (Pyrophoric Materials), Prevention, control and mitigation of dangerous conditions related to storage, use, dispensing, mixing and handling of flammable and combustible liquids shall be in accordance with California Fire Code Chapters 50 and 57.

20.

All manufacturing, cultivation, and testing sites are Group F-1 (Factory Industrial Moderate-Hazard) Occupancy under the California Fire Code. All new construction is required to be fire sprinkled pursuant to the Fire Code. For premises sited in an existing structure, an automatic fire sprinkler system shall be provided throughout all buildings contained in a Group F-1 Occupancy where one of the following conditions exist: (a) Group F-1 fire area exceeds twelve thousand square feet; (b) Group F-1 fire area is located more than three stories above grade plane; or (c) the combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds twenty-four thousand square feet.

21.

All areas where commercial cannabis activities are operated are wet locations, and the electrical system in such areas shall comply with all city and California building codes, fire codes, electrical codes, and other applicable laws.

(Ord. No. 2399A, § 2, 2-28-2018)

A.

Permittees shall comply with the security standards and requirements set forth in this code, the development agreement approved by the city, the conditional use permit approved by the city, the Act, and the Regulations. To the extent of a conflict among any of the foregoing, the most restrictive provision shall control unless a different intent is clear from context.

B.

All permittees and premises where commercial cannabis activities are operated shall comply with the following minimum security standards:

1.

Security Cameras.

a.

Security cameras shall be installed and maintained on the premises in a good working condition, and capable of producing digitally recorded documentation in a format approved by the Montebello Police Department.

b.

All security cameras on the premises shall be in use twenty-four hours per day, seven days per week. Permittees are responsible for ensuring that all surveillance equipment is properly functioning and maintained so that the playback quality is suitable for viewing and the surveillance equipment is capturing the identity of all individuals and activities in the monitored areas.

c.

All video surveillance equipment shall have sufficient battery backup to support a minimum of four hours of recording in the event of a power outage.

d.

The areas of the premises to be covered by the security cameras include, but are not limited to: all storage areas for cannabis or cannabis products; all areas where commercial cannabis activities are operated; each location where weighing, packaging, transport, preparation, or tagging activities occur; the interior and exterior of all points of ingress or egress to storage areas; all doors and windows; loading and unloading bays, the interior and exterior of all points of ingress or egress to the structure on the premises where commercial cannabis activities are operated, and all points of ingress or egress to the premises.

e.

Surveillance recording equipment must be housed in a designated, locked, and secured room or other enclosure with access limited to authorized employees, serving personnel, or local law enforcement agencies for law enforcement purposes.

f.

All entrances and exits to the facility shall be recorded from both indoor and outdoor vantage points. At least one camera shall be dedicated to recording the access points to the secured surveillance recording area.

g.

Permittees shall keep a current list of all authorized employees and personnel who have access to the surveillance system and/or room on the premises. Permittees shall keep a surveillance equipment maintenance activity log to record all service activity, including the identity of the individual performing the service, the service date and time, and the reason for service. Such records shall be maintained on the premises and shall be made available to the city upon request.

h.

The system shall be capable of recording all pre-determined surveillance areas in any lighting conditions.

i.

Video surveillance equipment shall, at a minimum, consist of digital or network video recorders, cameras capable of meeting the requirements described in this chapter, video monitors, digital archiving devices, a color printer, and the capability to produce still color photograph from any camera image, live or recorded. The date and time shall be embedded on all surveillance recordings without significantly obscuring the picture, and time is to be measured in accordance with the official United States time established by the National Institute of Standards and Technology and the U.S. Naval Observatory.

j.

Video surveillance systems must be equipped with a failure notification system that provides prompt notification to the permittee of any prolonged surveillance interruption and/or the complete failure of the surveillance system.

k.

A sign shall be posted in a conspicuous place near each point of public access which shall be not less than twelve inches wide and twelve inches long, composed of letters not less than one inch in height, stating "All Activities Monitored by Video Camera" or "These Premises Are Being Digitally Recorded" or otherwise advising all persons entering the premises that a video surveillance and camera recording system is in operation and recording all activity as provided in this code.

l.

All surveillance recordings must be kept for a minimum of ninety days and be in a format that can be easily accessed for viewing. Video recordings must be archived in a format that ensures authentication of the recording as legitimately-captured video and guarantees that no alteration of the recorded image has taken place.

m.

After the ninety-day surveillance video retention period has lapsed, surveillance video recordings must be erased or destroyed prior to being discarded or disposed of for any other purposes. Surveillance video recordings may not be destroyed if the premises knows or should have known of a pending criminal, civil, or administrative investigation or any other proceedings for which the recording may contain relevant information.

n.

Upon request, permittees shall make available to the Montebello Police Department or local law enforcement agency, for law enforcement purposes, all information related to security alarm systems, recordings, monitoring, and/or system activity.

o.

Permittees may utilize off-site monitoring and video recording storage, or an independent third-party service, to satisfy the requirements of this section, provided the standards exercised at the remote location meet or exceed all standards for on-site monitoring set forth herein.

2.

Alarm System.

a.

The premises shall be alarmed with a reliable, commercial alarm system that is operated and monitored by a security company or alarm business that is operating in full compliance with this code, including but not limited to Chapter 8.24.

b.

Permittees shall maintain up to date and current records and existing contracts on the premises that describe the location and operation of each security alarm system, a schematic of security zones, the name of the alarm company, and the name of any vendor monitoring the premises.

c.

At a minimum, the alarm system shall monitor all exterior points of access into the structure on the premises where commercial cannabis activities are operated, including but not limited to windows and doors.

d.

Security Guard. At all times a premises is open to the public, at least one security guard who is licensed, possesses a valid department of consumer affairs "security guard card," and has a valid Santa Ana Business License.

3.

Records. All records applicable to the surveillance system, alarm system, and track-and-trace system shall be maintained on the premises, and available for inspection upon request by the Montebello Police Department or other local law enforcement personnel for law enforcement purposes or to ensure compliance with this code, the Act, or the Regulations.

(Ord. No. 2399A, § 2, 2-28-2018)