Article M — SPECIFIC PLANS

SECTION:

9-1M-1: Application

9-1M-2: Required Contents Of A Specific Plan

9-1M-3: Land Use And Development Standards

9-1M-4: Adopted Specific Plans

A Specific Plan may be established to implement Sections 65450 through 65457 of the California Government Code. As provided for in the Government Code, a Specific Plan is designed to provide for flexibility, innovative use of land resources and development, a variety of housing and other development types, and an effective and safe method of pedestrian and vehicular circulation. A Specific Plan may be adopted for any property or group of properties meeting the criteria set forth in Article C. The Specific Plan zone will apply to all properties lying within the bounds of a specific plan that has been adopted by resolution or ordinance of the city council. Once adopted, a specific plan will govern all use and development of properties within the bounds of that specific plan. (Ord. 19-1036)

The required contents of a specific plan will be as set forth in Government Code Section 65450 et seq. (Ord. 19-1036)

Each adopted specific plan establishes the land use regulations and development standards applicable to the properties within the specific plan. To the extent that any development standard is not provided by an individual specific plan, such standard will be in accordance with the provisions of the zone that most closely resembles the zone in the specific plan. Director will have the authority to determine which development standard of this Zoning Code will apply where a specific plan is silent. (Ord. 19-1036)

Adopted specific plans in Temple City are listed below. These specific plans contain the development standards and guidelines for each corresponding specific plan zone.

• A. Specific Plans in city limits:

1. Crossroads Specific Plan (CSP): The Crossroads Specific Plan regulates the development and design of the Crossroads area and is designated CSP on the Zoning Map. Regulations and design elements for the CSP zone, with related implementing actions, are set forth in the Crossroads Specific Plan. (Ord. 19-1036)

ARTICLE N. SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS

SECTION:

9-1N-1: Applicability 9-1N-2: Corner Cutbacks

9-1N-3: Walls And Fences

9-1N-4: Height Measurements And Exceptions

9-1N-5: Yards - Measurements And Requirements

• 9-1N-6: Encroachments

9-1N-7: Repair And Improvements To The Public Right Of Way

• 9-1N-8: Tree Replacement Requirements

• 9-1N-9: Security Bars And Shutters

• 9-1N-10: Low Impact Development (LID) Standards And Green Streets

• 9-1N-11: Artificial Turf

The standards of this article apply to all zones. These standards will be considered in addition with the standards for each zone established in Article B and development standards found in each zoning district. Where there may be a conflict, the standards specific to the zone or specific land use will override these general standards. All structures, additions to structures, and uses will conform to the standards of this article, as determined applicable by the planning manager. (Ord. 19-1036)

A. Visibility Required: To safeguard against vehicular, bicycle, and pedestrian collisions caused by visual obstructions at street and alley intersections, and at any point where a driveway intersects a street or alley, there will

be no visual obstruction within the corner cutback area. Such space will be kept free of buildings, structures, and landscaping that constitutes a visual obstruction. In hillside areas, corner cutback treatment will include such grading as may be necessary to provide for reasonable intersection visibility.

• B. Corner Cutback Area Description:

1. The triangular-shaped area on a corner lot, or at a point where a driveway intersects a street, formed by measuring the prescribed distance from the intersection of the front (or rear) and street side property lines at an intersecting street or alley, and connecting the lines diagonally across the property making a ninety (90)-degree triangle; and

2. The triangular-shaped area on each side of any driveway intersecting a street or alley.

• C. Corner Cutback Required Dimensions:

1. Fifteen feet (15') from the intersection of a street right-of-way and an alley.

2. Fifteen feet (15') from the intersection of two (2) alleys or streets.

3. Ten feet (10') from the corner of an intersecting street right-of-way and a driveway.

• D. Irregular Lots: Where, due to an irregular lot shape, the corner cutback area does not provide for intersection visibility, the corner cutback required dimensions will be increased to seventeen feet (17').

• E. Limit on corner cutback obstructions: The following will not be erected, placed, planted, or allowed to grow within the corner cutback area:

1. Solid fences, walls, signs, structures, mounds of earth, solid post mail boxes, or other visual obstructions over thirty-six inches (36") in height or over twenty-four inches (24") in height in the Manufacturing zone, and open work fences up to forty-two inches (42") in height.

2. Hedges, shrubbery, and vegetation over or with a growth characteristic over thirty-six inches (36") in height.

3. The lower edge of tree canopies of a single trunk tree will be maintained at a minimum height of seven feet (7') above ground level, as measured from adjacent street curb elevation. (Ord. 19-1036)

• A. Walls and Fences: All proposed walls, fences or hedges, must comply with the requirements of this section. B. Wall, Fence or Hedge Height Measurement:

1. The maximum height for walls, fences or hedges in the front and street side yard must be measured from the lowest adjacent grade to the top of the wall, provided the grade difference from the public right-of-way is twelve inches (12") or less.

Front Yard Wall, Fence or Hedge Height Measurement Diagram

2. The following provisions apply to grade differences of more than twelve inches (12") abutting a public right-ofway:
   

a. For the purposes of this section, a retaining wall is when there is more than twelve inches (12") of difference from the public right-of-way.

• b. Retaining walls located in the front and street side yard are allowed up to three feet (3') in height.

c. Properties with retaining walls in the front yard can install an additional fence if a three-foot (3') setback is provided from the retaining wall. The fence must be non-view obscuring and comply with the height requirements of Section 9-1N-3-C (Height Limits for Walls and Fences in Residential Zones).

d. Properties with retaining walls on the street side yard can install an additional fence if a three-foot (3') setback is provided. The fence must comply with the requirements of Section 9-1N-3-C (Height Limits for Walls and Fences in Residential Zones).

Front and Street Side Yard Retaining Wall Diagram

3. The maximum height for walls and fences on an interior side and rear yard must be measured from the highest adjacent grade. Retaining walls up to three feet (3') in height will not be counted towards the maximum height on the side and rear yard.

Interior Side and Rear Yard Wall Height Measurement Diagram

4. The maximum height will be measured in a continuum at each point along the wall or fence.
   

• C. Height Limits for Walls and Fences in Residential Zones:

1. A wall or fence must not be located in the front yard of a property in a multi-family zone that has a multi-family use onsite. Fences or walls required by the building code are exempt from this requirement.

2. A wall, fence, or security gate not more than six feet (6') in height may be located and maintained on any part of an R zoned lot except those areas comprising the front yard and, along a corner side yard, the driveway visibility area.

3. In front yards the maximum height of a wall, fence or hedge is limited to a maximum of thirty-six inches (36"_ when view obscuring or a maximum of forty-two inches (42") when non-view obscuring.

4. In the driveway visibility area, which only applies to driveways in a corner side yard, the maximum height of a wall, fence or hedge will be thirty-six inches (36"). The driveway visibility area is the triangular area extending at an angle of forty-five (45) degrees from the street property line to a point on the edge of the driveway ten feet (10') from the street property line (see the "Driveway Visibility Area Diagram", of this section). The driveway visibility area shall will not apply to garages taking access from an alley.

Driveway Visibility Area Diagram

5. In cases where a garage is located in the front of the property and the garage door is perpendicular to the street any fence crossing the driveway is limited to a maximum of thirty-six inches (36") when view obscuring or a maximum of forty-two inches (42") when non-view obscuring (see the "Fences Perpendicular To Driveways Diagram", of this section).

Fences Perpendicular To Driveways Diagram

6. A fence or wall up to six feet (6') in height is allowed in the front yard on parcels where the adjacent house or garage is setback further than the house or garage on the parcel as shown in the diagram below. The fence or wall may not be closer to the front lot line than the adjacent house or garage.

Different Front Yard Setback Diagram

• D. Nonresidential Zoning Districts: The maximum height of a wall or fence within the commercial and industrial zoning districts, including the Crossroads Specific Plan, must be as follows.

1. Front and corner side setbacks.

• a. The maximum height of a wall or fence along a street frontage is four feet (4') when the wall or fence is in front of a structure.

• b. Walls and fences abutting a public sidewalk must have a three-foot (3') setback that is continuously maintained with landscaping and irrigation.

2. Interior side and rear setbacks.

• a. The maximum height of a wall or fence may be eight feet (8').

• b. The height of the wall or fence must step down to four feet (4') when located within five feet (5') of the street property line(s).

3. When abutting a residential zoning district. The minimum height of a wall located within five feet (5') of a street property line(s) should be equivalent to the maximum height for a solid wall or fence in the development standards of the abutting residential zoning district.

4. Design standards for walls and fences.

• a. All walls and fences must be a minimum fifty percent (50%) open, except in the following situations:

(1) Walls and fences abutting a residential zoning district will be constructed only from brick, concrete, or masonry that complement the building.

• (2) A solid masonry wall is required to screen outdoor storage areas.

• b. Walls and fences along the front property line used to screen adjacent parking lots must have a three-foot (3') setback that is landscaped and irrigated.

• E. All walls within five feet (5') of the front property line must have a stucco appearance or split face to complement the building.

• F. Chain-link fences are not allowed in the front or street side yards, but may be allowed in rear and interior side yards.

G. Barb Wire, Concertina Wire, Wrought Iron with Spikes: No fence or wall is allowed to contain barb wire, concertina (razor) wire, wrought iron with spikes, or any similar sharp projections attached to a fence deemed hazardous by the Community Development Director. Electrical fences are prohibited. Security fencing for facilities owned by a public utility or government agency may include items listed above provided the hazardous items are at least seven feet (7') above the natural grade of a public right-of-way. (Ord. 19-1036; amd. Ord. 23-1069)

• A. Height of Structures and Measurement:

1. Structures will not exceed the maximum allowable height for the zone in which the structure is located in compliance with the development standards of each zoning district, except as provided in Exceptions to Height Limits in all Zones below.

2. The max allowable height will be measured as the vertical distance from the existing grade of the site to an imaginary plane located the allowed number of feet above and parallel to the grade not including rooftop appurtenances.

B. Exceptions to Height Limits in Residential Zones: The following exceptions to height limits are allowed for residential buildings, provided compliance is achieved with all other applicable permit requirements and development standards of this Code.

1. Chimneys and Vents: Chimneys and roof-mounted vents will be allowed to exceed height limits to the minimum extent required by Title 16 (Buildings and Construction). Chimneys will be allowed an additional twenty-four inches (24") in height to provide a spark arrestor or a decorative architectural screen that does not exceed two feet in width by four feet in length.

2. Skylights and Roof Windows: When mounted on a minimally pitched roof, skylights or roof windows will be allowed to exceed the maximum height limit by up to six inches (6").

3. Mechanical Equipment: In the R-3 and all non-residential zones, uninhabited penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building will be allowed to exceed the maximum building height limit by a maximum of ten percent (10%), except as allowed below. No such structures or any space above the height limit will be allowed for the purpose of providing additional living or floor space.

• C. Exceptions to Height Limits in All Zones:

1. Architectural Elements. Except as specifically provided in subsection B above, architectural elements that are approved through the Site Plan and Design Review per Article C (Permit Processing Procedures) may exceed the maximum height limit provided that no such structures will be for the purpose of providing additional living or floor space. Roof-mounted mechanical that is entirely screened and incorporated into the design of approved architectural elements may exceed height limitations provided in subsection above.

2. Flagpoles:

a. Ground-mounted flagpoles will be allowed in residential zones to a maximum height of twenty-eight feet (28') and in nonresidential zones to a maximum height of thirty-five feet (35').

b. Flagpoles mounted on tops of buildings located in nonresidential zones will be allowed to exceed the

maximum height limit by more than twenty feet (20'), but in no case will be more than twenty feet (20') taller than the final building height. Roof-mounted flagpoles will not be allowed in residential zones.

3. Antennas: Height exceptions for antennas and other wireless communications facilities are set forth in Article 9- 1T-11 (Wireless Communications Facilities).

4. Fences, Hedges and Walls: Refer to each zoning district for exceptions to height limits for these features.

5. Places of Religious Assembly: Structures housing Places of Religious Assembly may be allowed to exceed the maximum height limit subject to the approval of a Site Plan and Design Review application in compliance with Article C. Where more than one (1) structure exists or is proposed for the site, only the primary structure will be eligible for approval to exceed the maximum height limit. (Ord. 19-1036)

A. General: This section establishes standards for setback measurement and required yard areas. These provisions, in conjunction with other applicable provisions, are intended to provide for open areas around structures; access to natural light and ventilation, separation of incompatible land uses; space for privacy, landscaping, and recreation; and access to structures for function and safety.

B. Setback areas to remain unobstructed, except for flagpoles, mailboxes, fences, vegetation, or utilities.

C. Setback applies to one (1) property only. No setback area provided around any structure for the purposes of complying with the provisions of this Code will be considered as providing a setback area for any other structure, and no setback area on any adjoining property will be considered as providing a setback area on a site upon which a structure is to be erected, except as may be specifically addressed through a Planned Development Permit or a Specific Plan.

D. Modification of side setback requirement on combined lots. When the common property line separating two (2) or more contiguous lots is covered by a structure or permitted group of structures, or when the placement of a structure or structures with respect to such common property line or lines does not fully conform to the required setback area on each side yard common property line or lines, such lots will constitute a single site for the purposes of the requirements of this Code, and the required side setback area will not apply to such common property line.

E. Special setbacks may be established. The council may, by resolution, adopt a formula or establish standard practices by which to determine an appropriate and practical modification of required front or rear setback areas in any residential zone where geometric shape and dimensions and topography make the literal application of required setback impractical.

F. Setback requirements for property abutting future street right-of-way. No structure will be erected or maintained on any lot which abuts a street or private roadway having only a portion of its required width dedicated unless the setbacks provided and maintained in connection with that structure have a width or depth sufficient to accommodate completion of the public road width, plus the width or depth required to satisfy the setback requirements for the zone in which the property is located. However, this requirement does not require a setback of such width or depth as to reduce the buildable width of a corner lot to less than forty feet (40').

G. Side setback requirements when a dwelling unit fronts the side yard will be determined by the planning manager. The final determination will be based on surrounding development patterns, lot configurations, the front door location, and setbacks on adjacent properties.

H. Measurement of Setbacks:

1. All setback distances will be measured at right angles from the designated property line, and the setback line will be drawn parallel to the designated property line at the required setback distance.

2. Setbacks from private streets will be measured from the curb line from the private street, even if the property line extends to the centerline of a private street, or as may otherwise be established in a Planned Development Permit or Specific Plan.

3. For irregularly shaped lots, the setback will be measured from each portion of the lot that comprises the front, side or rear lot line.

4. For sloped lots, the measurement will be made as a straight, horizontal line from the property line to edge of the structure, not up or down the hill slope.

5. For flag lots, the pole portion of the lot will not be used for defining setback lines. (Ord. 19-1036)

A. Existing air conditioning units, water heaters, pool equipment, and similar such devices encroaching into a required rear or side yard setback may be replaced, if the size of the encroachment is not increased.

B. New air conditioning units, water heaters, pool equipment, and similar such devices that are not replacing a prior unit and are not a part of a new construction project must provide for a minimum two-foot (2') setback from the side or rear property line.

• C. When air conditioning units and water heaters are proposed as part of a new construction project, the units may not encroach into a required setback.

D. All washing machines and dryers must be located within the main structure or accessory structure (in cases where a conditional use permit is approved). New structures must locate the water heater within the structure; this regulation does not apply to tankless water heaters.

• E. Permitted Encroachments into Yard Areas:

1. Cornices, eaves, belt course sills, or other similar architectural features are not to be more than thirty inches (30") into required yard setbacks.

2. Fireplace structures not wider than eight feet (8') are not to be more than thirty inches (30") into required yard setbacks.

3. Stairway, balconies, and fire escapes are not to be more than thirty inches (30") into required yard setbacks.

4. Uncovered porches and platforms (which do not extend above the finished floor level) may extend into a required yard no more than five feet (5').

5. Planting boxes or masonry planters are not to be more than thirty inches (30") into required yard setbacks.

6. Guard railings for safety protection around ramps are not to be more than thirty inches (30") into required yard setbacks.

7. Pools and spas may extend into the required side or rear yard, but must maintain a minimum three-foot (3') setback.

8. Permanent clotheslines may extend into the required side or rear yard, but must maintain a two-foot (2') setback.

9. Buttresses and archways are permitted in the required side yard. The height of these features must not extend vertically beyond the top plate of the first floor. They may extend horizontally to the side property line, where they may connect with a perimeter wall or fence. Buttresses or archways are only permitted on the front elevation, where the side yard meets the front yard. These can be designed in conjunction with a side gate. They must be designed consistent with the chosen architectural style (such as Spanish colonial revival).

10. A porte cochere is permitted in the side yard where a driveway leads to a rear garage. The structure must be attached to the building and semi-open, without enclosing walls or gates, and must be consistent with the architectural style of the building. It must be one-story, with a maximum ceiling height of twelve feet (12'). The maximum-allowed

area is ten feet (10') (width) by twenty feet (20') (length). The porte cochere must not be located within the front yard and the post or column of the porte cochere must be setback a minimum of four feet from the first floor's front wall. A minimum two (2)-foot setback shall be provided for posts and eaves along the side property-line. Second floors must not extend over the top of a porte cochere. (Ord. 19-1036; amd. Ord. 20-1047)

A. Improvements required. When deemed necessary due to substantial changes in local traffic by reason of increased vehicular traffic, including truck traffic, increased pedestrian traffic, increased noise, and other activities associated with the proposed development, street improvements may be required by the director to prevent congestion and the other hazards that are related to the intensified use of the land.

B. Types of improvements. The improvements will be to city standards and will include curb, gutter, sidewalk, street and alley paving, street trees, street signs, street lights, fire hydrants, and all required utilities.

C. Repair to the public right of way. When during construction damage occurs to the public right of way (including street trees), the property owner must make repairs or replace the necessary infrastructure per the direction of the City Engineer or the City Engineer’s designee. A fee may be submitted by the property owner in lieu of repair at a rate determined by the City Engineer. (Ord. 19-1036; amd. Ord. 22-1060)

• A. Trees protected by covenant between the city and the property owner:

1. Must not be removed without permission of the city;

2. Must be trimmed under the guidance of a licensed arborist;

3. Must be maintained in good health (every reasonable effort must be made to maintain the tree); and

4. Must not be topped (topping of a tree may constitute a removal if the structure is significantly affected).

• B. If a property owner removes a tree protected by covenant, a replacement tree or trees must be provided per Table 9-1N-1. If the replacement tree or trees cannot be provided onsite due to insufficient space, then alternative requirements, such as donation of the tree or trees to the city for planting in the parkway along with reasonable costs for staff time to purchase, plant and maintain the tree for three (3) years may be provided.

Table 9-1N-1

Tree Canopy Replacement Requirements

**Replace the tree with a combination of both Tree Canopy and Tree Value Standards. The appropriate standard should be set by the City Arborist.

Note: Basis of this table is determined by the growth of one 24" box size tree, growing at a rate equivalent to 9 feet of canopy over the course of ten years.

(Ord. 19-1036)

A. On residentially zoned or residentially used structures, metal security bars mounted on the exterior of the structure, roll down security shades, and the like must not be located on the front and corner side elevations. This does not include decorative metal wrought iron that enhances and is in keeping with the building's architecture. In such cases, the decorative wrought iron should be limited to a portion of the window or only to small clerestory windows. B. On non-residentially used structures or tenant spaces, all metal security bars, roll down shutters, and the like installed on the front or corner side elevation must be located on the interior of the tenant space. (Ord. 19-1036)

A. Definitions: If the definition of any term contained in this chapter conflicts with the definition of the same term in the Municipal NPDES Permit, then the definition contained in the Municipal NPDES Permit shall govern.

B. Low Impact Development (LID) and Green Streets Policy:

1. Applicability: The priority new development and redevelopment projects listed in Part VIII.F.1.a-b of the Municipal NPDES Permit shall comply with the provisions of subsection B1a of this section.

a. Redevelopment Projects:

(1) Where redevelopment results in an alteration to more than fifty percent (50%) of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements, the entire project must be mitigated.

(2) Where redevelopment results in an alteration of less than fifty percent (50%) of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements, only the alteration must be mitigated, and not the entire development.

(3) Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety. Impervious surface replacement, such as the reconstruction of parking lots and roadways which does not disturb additional area and maintains the original grade and alignment, is considered a routine maintenance activity. Redevelopment does not include the repaving of existing roads to maintain original line and grade.

2. Specific Requirements: The site for every priority development project shall be designed to control pollutants, pollutant loads, and runoff volume to the maximum extent feasible by minimizing impervious surface area and controlling runoff from impervious surfaces through infiltration, evapotranspiration, bioretention and/or rainfall harvest and use.

a. Street and road construction of ten thousand (10,000) square feet or more of impervious surface shall follow USEPA guidance regarding managing wet weather with green infrastructure: green streets (December 2008 EPA-833F-08-009) to the maximum extent practicable.

b. The remainder of priority development projects shall prepare a LID plan to comply with the following:

(1) Retain stormwater runoff on site for the stormwater quality design volume (SWQDv) defined as the runoff from: the eighty fifth percentile twenty-four (24)-hour runoff event as determined from the Los Angeles County eighty fifth percentile precipitation isohyetal map; or the volume of runoff produced from a 0.75 inch, twenty four (24)-hour rain event, whichever is greater.

(2) Minimize hydromodification impacts to natural drainage systems as defined in the Municipal NPDES Permit.

(3) To demonstrate technical infeasibility, the project applicant must demonstrate that the project cannot reliably retain one hundred percent (100%) of the SWQDv on site, even with the maximum application of green roofs and rainwater harvest and use, and that compliance with the applicable post-construction requirements would be technically infeasible by submitting a site specific hydrologic and/or design analysis conducted and endorsed by a registered professional engineer, geologist, architect, and/or landscape architect. Technical infeasibility may result from conditions including the following:

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

• (B) Locations where seasonal high groundwater is within five (5) to ten feet (10') of surface grade;

• (C) Locations within one hundred feet (100') of a groundwater well used for drinking water;

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

• (E) Other locations where pollutant mobilization is a documented concern;

• (F) Locations with potential geotechnical hazards;

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

(4) If partial or complete on site retention is technically infeasible, the project site may biofiltrate 1.5 times the portion of the remaining SWQDv that is not reliably retained on site. Biofiltration BMPs must adhere to the design specifications provided in the Municipal NPDES Permit. Additional alternative compliance options such as off site infiltration and groundwater replenishment projects may be available to the project site. The project site should contact the City of Temple City to determine eligibility.

(5) The remaining SWQDv that cannot be retained or biofiltered on site must be treated on site to reduce pollutant loading. BMPs must be selected and designed to meet pollutant specific benchmarks as required per the Municipal NPDES Permit. Flow-through BMPs may be used to treat the remaining SWQDv and must be sized and designed to filter or treat either the maximum flow rate of runoff produced from a rainfall intensity of 0.2 inch of rainfall per hour, for each hour of a storm event: or the maximum flow rate of runoff produced by the 85th percentile hourly rainfall intensity (for each hour of a storm event), as determined from the local historical rainfall record, multiplied by a factor of two. Use of flow-through BMPs will require approval from the Regional Board.

e of runoff produced from a rainfall intensity of 0.2 inch of rainfall per hour, for each hour of a storm event: or the maximum flow rate of runoff produced by the 85th percentile hourly rainfall intensity (for each hour of a storm event), as determined from the local historical rainfall record, multiplied by a factor of two. Use of flow-through BMPs will require approval from the Regional Board.

3. Additional Requirements: The site for projects not classified with general applicability described in subsection B1 of this section, but resulting in the creation or addition or replacement of five hundred (500) square feet or more of impervious surface area shall be designed to control pollutants, pollutant loads, and runoff volume per the Temple City "Low Impact Development Manual".

• C. Low Impact Development (LID) Plan Review:

1. Compliance with the LID and hydromodification control standards of this chapter shall be shown through a LID Plan.

2. The applicant for any new development redevelopment project shall submit a LID Plan to the Community Development Director for review and approval.

D. Installation And Maintenance:

1. The development project's LID and hydromodification control features shall be maintained and shall remain operable at all times and shall not be removed from the project site unless and until such features have been replaced with approval from the Community Development Director.

2. The owner of the subject development project site shall record a covenant and agreement. approved as to form and content by the Director, in the office of the Los Angeles County Registrar-Recorder /County Clerk indicating that the owner of the subject development project site is aware of and agrees to the requirements in this chapter. E. Violation, Inspection, And Enforcement:

3. Violation of any provision of this chapter, any Low Impact Development requirement prevention plan or any permit issued pursuant to this chapter shall be a violation per Chapter 4 of Title 8 of the Municipal Code.

4. The Community Development Director may issue notices of violation and administrative orders to achieve compliance with the provision of this chapter. Failure to comply with the terms and conditions of such a notice of

violation or administrative order shall constitute a violation of this chapter. (Ord. 13-979; amd. Ord. 19-1036; Ord. 231072)

A. Definitions: The words, phrases and terms will be deemed to have the meanings ascribed to them as follows: ARTIFICIAL TURF: A synthetically derived product that simulates the appearance of natural live grass. To be used, ARTIFICIAL TURF must meet minimum standards for materials, installation, and maintenance.

• B. Material Standards: Artificial turf must meet the following requirements related to the quality of the material.

1. Warranty: Artificial turf must have a minimum eight-year no-fade warranty as issued by the manufacturer.

2. Pile Height: Artificial turf installed in the front yard and portions of the corner side yard visible from the public right of way must have a minimum pile height of one and two-thirds inches, with parallel long slit blades.

3. Two Colors: In the front yard and portions of the corner side yard visible from the public right of way, the synthetic turf blades (not including the thatch layer) must contain at least two natural green colors.

4. Thatch Layer: In the front yard and portions of the corner side yard visible from the public right of way, the artificial turf must contain a beige or tan thatch layer.

5. Percolation: Artificial turf must be affixed to a permeable triple-layer backing and allow water to percolate through the synthetic grass at a drain rate of at least thirty inches (30") per hour, to an adequate drainage system installed underneath the artificial turf to prevent run-off, pooling and flooding.

6. Heavy Metals: The artificial turf must comply with all federal and state standards related to lead and heavy metal content.

7. Fill Material: The fill material must be of silica sand or zeolite material that is brushed in to keep the blades upright and achieve a natural grass look. Any replacement fill must be the same. The use of rubber crumb infill is prohibited.

8. Strength And Durability: The artificial turf must be constructed to maximize dimensional stability, resist damage during normal use and minimize UV degradation with a tear grab strength of at least two hundred (200) pounds. It must be resistant to staining, weather, insects, rot, mildew, and fungus and must be non-allergenic and non-toxic and able to pass the pill burn test for flammability.

9. Prohibited Materials: In the front yard and portions of the corner side yard visible from the public right of way, the use of indoor/outdoor carpeting, and artificial shrubs, flowers, tress, and vines instead of natural plantings is prohibited.

• C. Installation: Artificial turf must be installed pursuant to manufacturer requirements by a licensed professional with experience in the installation of artificial turf. Installation must meet the following requirements.

1. Site Preparation: Installation must include removal of all existing plant material and three inches (3") of a compacted aggregate base that provides adequate drainage and ensures stability.

2. Drainage: The area must be sloped and graded to prevent excessive pooling, runoff, or flooding onto an adjacent property. Artificial turf areas must be sufficiently drained to live planting areas to provide complete infiltration of runoff.

3. Anchoring: Artificial turf must be permanently anchored over the entire coverage area with nails and glue, and all seams must be nailed, or sewn and glued so as to conceal the edges, with the grain pointing a single direction.

4. Existing Irrigation: All existing irrigation infrastructure in the covered area, including piping and sprinkler heads that are no longer used must be capped or removed and must not be visible.

5. Separation From Landscaping: Artificial turf must be separated from live planting areas by a barrier such as a mow strip or bender board to prevent mixing of natural plant materials and artificial turf.

6. Protect Trees: All efforts must be made to protect existing trees and tree roots from damage during installation.

D. Maintenance: Artificial turf must be maintained in an attractive and clean, unfaded condition free of weeds, stains, debris, tears, holes, depressions, ruts, odors and looseness at edges and seams. Damaged or worn areas in the artificial turf surface must be repaired or removed and replaced in a manner that results in consistent appearance with the existing artificial turf. The artificial turf surface must be replaced once it is unable to be maintained as required. Vehicle parking on artificial turf is prohibited.

E. Location: Artificial turf must meet the following location standards.

1. Trees: Artificial turf may not be installed within a five-foot diameter of the trunk of any tree, including trees in the public right of way or on adjacent properties.

2. Parkways: Artificial turf is prohibited in all parkways.

3. Other Setbacks:

a. Front Yards: In the front yard, artificial turf must be three feet (3') from the walls of the structure (not counting bay windows and other cantilevers) and the side and front property lines. When a sidewalk is not present, no setback is required from the artificial turf to the front property line.

b. Visible Corner Side Yards: In portions of the corner side yard that are visible from the public right of way, artificial turf must be three feet (3') from any structure and no setback is required from the property line.

c. Non-Visible Corner Side Yards: In portions of the corner side yard that are not visible from the public right of way, no setbacks will apply to artificial turf.

F. Coverage: Artificial turf must not exceed forty-three percent (43%) coverage of the front yard.

G. Minor Exception: The Community Development Director may approve requests to reduce the setbacks shown above in subsection E3, through a minor exception. The regular findings of the minor exception are not required in these cases. All the following findings will apply.

1. The design results in a higher quality design aesthetic.

2. The minor exception will not establish an undesirable precedent.

3. In cases where an exception to the setback requirement is requested, additional setbacks are provided in other areas so that the average setback is approximately three feet (3'). (Ord. 23-1070)

ARTICLE O. WATER EFFICIENT LANDSCAPE

SECTION:

9-1O-1: Applicability

• 9-1O-2: Landscape Water Use Standards

9-1O-3: Implementation

9-1O-4: Guidelines

9-1O-5: Delegation 9-1O-6: Definitions

A. New landscape projects with an aggregate landscape area equal to or greater than five hundred (500) square feet, requiring a building or landscape permit, plan check or design review;

B. Rehabilitated landscape projects with an aggregate landscaped area equal to or greater than two thousand five hundred (2,500) square feet, requiring a building or landscape permit, plan check or design review;

C. New or rehabilitated landscape projects with an aggregate landscape area of two thousand five hundred (2,500) square feet or less may comply with the performance requirements of this article or conform to the prescriptive measures contained in appendix A of the guidelines on file in the city;

D. New or rehabilitated projects using treated or untreated graywater or rainwater capture on site, any lot or parcels within the project that has less than two thousand five hundred (2,500) square feet of landscape area and meets the lot or parcel's landscape water requirement (estimated total water use) entirely with the treated or untreated graywater or through stored rainwater capture on site is subject only to appendix A of the guidelines on file in the city.

• E. This article does not apply to:

1. Registered local, state, or federal historical sites;

2. Ecological restoration projects that do not require a permanent irrigation system;

3. Mined land reclamation projects that do not require a permanent irrigation system; or

4. Plant collections, as part of botanical gardens and arboretums open to the public. (Ord. 19-1036)

A. For applicable landscape installation or rehabilitation projects subject to section 9-1O-1, the estimated total water use allowed for the landscaped area must not exceed the MAWA calculated using an ET adjustment factor of 0.55 for residential areas and 0.45 for nonresidential areas, except for special landscaped areas where the MAWA is calculated using an ET adjustment factor of 1.0; or the design of the landscaped area must otherwise be shown to be equivalently water efficient in a manner acceptable to the city; as provided in the guidelines.

B. Irrigation of all landscaped areas must be conducted in a manner conforming to the rules and requirements, and will be subject to penalties and incentives for water conservation and water waste prevention as determined and implemented by the local water purveyor or as mutually agreed by local water purveyor and the local agency. (Ord. 19-1036)

A. Prior to installation, a landscape documentation package must be submitted to the city for review and approval of all landscape projects subject to the provisions of this article. Any landscape documentation package submitted to the city must comply with the specifications of the guidelines.

B. The landscape documentation package must include a certification by a professional appropriately licensed in the State of California stating that the landscape design and water use calculations have been prepared by or under the supervision of the licensed professional and are certified to be in compliance with the provisions of this article and the guidelines. The following are the minimum requirements:

1. Landscape and irrigation plans must be submitted to the city for review and approval with appropriate water use calculations.

2. Verification of compliance of the landscape installation with the approved plans must be obtained through a certification of completion in conjunction with a certificate of use and occupancy or permit final process, as provided in the guidelines. (Ord. 19-1036)

The city's water efficient landscape guidelines are created to guide the implementation of this article. It provides specific technical and procedural guidance for the applicant to comply with this article. It has the same power of this article and compliance with the guidelines is required for all applicable projects. The guidelines are also intended for use and reference by city staff in reviewing and approving the designs and verifying compliance. (Ord. 19-1036)

The city may delegate to, or enter into a contract with, a local agency to implement, administer, and/or enforce any of the provisions of this article including the guidelines. (Ord. 19-1036)

The following definitions are applicable to this article:

ARTICLE P. REGULATION OF EXCESSIVE NOISE

SECTION:

9-1P-1: Exemptions 9-1P-2: Definitions 9-1P-3: General Sound Level Standards

9-1P-4: Sound Level Measurement Methodology

9-1P-5: Special Sound Source Standards 9-1P-6: Enforcement

9-1P-7: Duty To Cooperate

9-1P-8: Violations And Penalties

Sound emanating from the following sources is exempt from the provisions of this article:

• A. Facilities owned or operated by or for a governmental agency.

• B. Capital improvement projects of a governmental agency.

• C. The maintenance or repair of public properties.

D. Construction operation, maintenance, and repairs of equipment, apparatus, or facilities of the parks and recreation department, public works projects, or essential public services and facilities, including those of public utilities subject to the regulatory jurisdiction of the California public utilities commission.

E. Public safety personnel in the course of executing their official duties, including, but not limited to, sworn peace officers, emergency personnel and public utility personnel. This exemption includes, without limitation, sound emanating from all equipment used by such personnel, whether stationary or mobile.

• F. Public or private schools and school sponsored activities.

• G. Construction projects requiring a building permit are exempt from noise regulations, provided that such construction activities occur on weekdays between 7:00 a.m. and 7:00 p.m., and Saturdays between 8:00 a.m. to 4:00 p.m. No construction work is allowed on Sundays or federal holidays.

• H. Property maintenance, including, but not limited to, the operation of lawn mowers, leaf blowers, etc., provided such maintenance occurs between the hours of 7:00 a.m. and 7:00 p.m.

• I. Motor vehicles, other than off highway vehicles. This exemption does not include sound emanating from motor vehicle sound systems.

• J. Heating and air conditioning equipment.

• K. Safety, warning and alarm devices, including, but not limited to, house and car alarms, and other warning devices that are designed to protect the public health, safety, and welfare.

• L. The discharge of firearms consistent with all state and federal laws.

• M. Any activity as to which the city council or planning commission has issued an exception based on hardship, or to execute phase-in requirements.

• N. Involuntary noise.

• O. Isolated singular noises (not exceeding two (2) seconds) not repeated within sixty (60) minutes.

• P. Matters preempted by state or federal law.

• Q. Matters involving the reasonable exercise of constitutional guarantees unless outweighed by compelling

• governmental interests or appropriate exercise of the police power.

• R. Emergency work as defined under section 9-1I-2 of this article.

• S. Noise as to which there is specific consent from all affected persons. (Ord. 19-1036)

As used in this article, the following terms will have the following meanings:

SOUND LEVEL METER: An instrument meeting the standards of the American National Standards Institute for type 1 or type 2 sound level meters or an instrument that provides equivalent data. (Ord. 191036)

A person must not create any sound, or allow the creation of any sound, on any property that causes the exterior sound level on any other occupied property to exceed the sound level standards set forth by the following standards:

At the boundary line between two (2) of the above zones, the noise level of the quieter zone will be used. (Ord. 191036)

Sound level measurements may be made anywhere within the boundaries of an occupied property. The actual location of a sound level measurement will be at the discretion of the enforcement officials identified in section 9-1I-6 of this article. Sound level measurements will be made with a sound level meter. Immediately before a measurement is made, the sound level meter will be calibrated utilizing an acoustical calibrator meeting the standards of the American National Standards Institute. Following a sound level measurement, the calibration of the sound level meter must be reverified. Sound level meters and calibration equipment must be certified annually. (Ord. 19-1036)

The general sound level standards set forth in section 9-1P-3 of this article apply to sound emanating from all sources, including the following special sound sources, and the person creating, or allowing the creation of, the sound is subject to the requirements of that section. The following special sound sources are also subject to the following additional standards, the failure to comply with which constitute separate violations of this article.

A. Motor Vehicles:

1. Off Highway Vehicles:

a. A person must not operate an off-highway vehicle unless it is equipped with a USDA qualified spark arrester and a constantly operating and properly maintained muffler. A muffler is not considered constantly operating and properly maintained if it is equipped with a cutout, bypass or similar device.

b. A person must not operate an off-highway vehicle unless the noise emitted by the vehicle is not more than 96 dBA if the vehicle was manufactured on or after January 1, 1986, or is not more than 101 dBA if the vehicle was manufactured before January 1, 1986. For purposes of this subsection, emitted noise will be measured twenty inches (20") from the vehicle tailpipe using test procedures established by the Society of Automotive Engineers under standard J-1287.

2. Sound Systems: A person must not operate a motor vehicle sound system, whether affixed to the vehicle or not, between the hours of 10:00 p.m. and 7:00 a.m., such that the sound system is audible to the human ear inside any inhabited dwelling. A person must not operate a motor vehicle sound system, whether affixed to the vehicle or not, at any other time such that the sound system is audible to the human ear at a distance greater than one hundred feet (100') from the vehicle.

B. Power Tools and Equipment: A person must not operate any power tools or equipment between the hours of 10:00 p.m. and 7:00 a.m. such that the power tools or equipment are audible to the human ear inside an inhabited dwelling other than a dwelling in which the power tools or equipment may be located. A person must not operate any power tools or equipment at any other time such that the power tools or equipment are audible to the human ear at a distance greater than one hundred feet (100') from the power tools or equipment.

C. Audio Equipment: A person must not operate any audio equipment, whether portable or not, between the hours of 10:00 p.m. and 7:00 a.m. such that the equipment is audible to the human ear inside an inhabited dwelling other than a dwelling in which the equipment may be located. A person must not operate any audio equipment, whether portable or not, at any other time such that the equipment is audible to the human ear at a distance greater than one hundred feet (100') from the equipment.

etween the hours of 10:00 p.m. and 7:00 a.m. such that the equipment is audible to the human ear inside an inhabited dwelling other than a dwelling in which the equipment may be located. A person must not operate any audio equipment, whether portable or not, at any other time such that the equipment is audible to the human ear at a distance greater than one hundred feet (100') from the equipment.

D. Sound Amplifying Equipment and Live Music: A person must not install, use or operate sound amplifying equipment, or perform, or allow to be performed, live music unless such activities comply with the following requirements. To the extent that these requirements conflict with any conditions of approval attached to an underlying land use permit, these requirements will control.

1. Sound amplifying equipment or live music is prohibited between the hours of 10:00 p.m. and 7:00 a.m. and sound emanating from sound amplifying equipment or live music at any other time must not be audible to the human ear at a distance greater than two hundred feet (200') from the equipment or music.

2. The use of sound amplifying equipment or live music in a condominium complex which exceeds the noise limits as set forth in section 9-1P-3 of this article, measured at any property line, or, measured in another condominium unit within the complex, is in violation of this article. (Ord. 19-1036)

City of Temple City code enforcement personnel and the Los Angeles County sheriff have the primary responsibility for enforcing this article; provided, however, code enforcement personnel and the sheriff may be assisted by the public health department. Violations will be prosecuted as described in section 9-1P-8 of this article, but nothing in this article prevent the sheriff, code enforcement or the department of public health from engaging in efforts to obtain voluntary compliance by means of warnings, notices, or educational programs. (Ord. 19-1036)

A person must not refuse to cooperate with, or obstruct, the enforcement officials identified in section 9-1P-6 of this article when they are engaged in the process of enforcing the provisions of this article. This duty to cooperate may require a person to extinguish a sound source so that it can be determined whether sound emanating from the source violates the provisions of this article. (Ord. 19-1036)

Any person who violates any provision of this article once or twice within a one hundred eighty (180)-day period is guilty of an infraction. Any person who violates any provision of this article more than twice within a one hundred

eighty (180)-day period is guilty of a misdemeanor. Each day a violation is committed or permitted to continue constitutes a separate offense and shall be punishable as such. Penalties shall not exceed the following amounts:

A. For the first violation within a one hundred eighty (180)-day period the minimum mandatory fine is five hundred dollars ($500.00).

B. For the second violation within a one hundred eighty (180)-day period the minimum mandatory fine is seven hundred fifty dollars ($750.00).

C. For any further violations within a one hundred eighty (180)-day period the minimum mandatory fine is one thousand dollars ($1,000.00) or, imprisonment in the county jail for a period not exceeding six (6) months, or both. (Ord. 19-1036)

ARTICLE Q. RESERVED

ARTICLE R. RESERVED

ARTICLE S. DEDICATION OF MAPPED STREETS

SECTION:

9-1S-1: Purpose 9-1S-2: Application

As a result of studies conducted by the city council, planning commission and city staff, it is apparent and so found, that certain streets within the city are of insufficient width to properly accommodate the flow of vehicular traffic generated by uses along that street. It is essential, to fix such deficiencies, that a requirement of dedication for public street purposes be imposed upon the use of property or issuance of building permits thereon, as required in the following section. (Ord. 19-1036)

For lots that have a multi-family or nonresidential zoning designation and abut any street declared in this chapter as being deficient in width, a building permit with an estimated cost of one thousand dollars ($1,000.00) must not be issued and any new use must not be established. The above does not apply if the owner of the lot makes a formal offer of dedication to the city, for public street purposes, of any area along all street frontage of such lots, which area is needed to provide one-half (½) of the total required ultimate street right of way. (Ord. 19-1036)

ARTICLE T. SPECIAL USES

SECTION:

9-1T-1: Tobacco/E-Cigarette Store 9-1T-2: Hookah/Smoke Lounge

9-1T-3: Housing For Persons With Special Needs

9-1T-4: Single Room Occupancy (SRO) Building

9-1T-5: Emergency Shelters

9-1T-6: Adult Oriented Business

9-1T-7: Mini-Malls

9-1T-8: Firework Stands

9-1T-9: Large Family Daycare Homes (Rep. by Ord. 20-1047)

9-1T-10: Marijuana Facilities And Activities

9-1T-11: Wireless Communication Facilities

9-1T-12: Massage Establishments

9-1T-13: Accessory Dwelling Units And Junior Accessory Dwelling Units

9-1T-14: Unattended Collection Boxes

9-1T-15: Reverse Vending Machines And Collection Facilities

9-1T-16: Home Occupations

9-1T-17: Animal Keeping

9-1T-18: Sidewalk Dining 9-1T-19: Grocery Store 9-1T-20: Public Food Market

9-1T-21: Urban Dwellings And Urban Lot Splits

9-1T-22: Non-Storefront Delivery-Only, Medical, Cannabis Retail Business

A. Definitions:

E-CIGARETTE/VAPORIZER RETAILER: An establishment for which more than fifty percent (50%) of the floor area is dedicated to the display and retail sale of nicotine enriched solutions and/or vaporizers.

PARAPHERNALIA: Any apparatus, equipment, or instruments used for smoking tobacco, cannabis, or controlled substances, and/or inhaling mist of nicotine enriched solutions, for the purpose of personal or recreational satisfactions.

TOBACCO RETAILER: An establishment for which more than fifty percent (50%) of the floor area is dedicated for the display and retail sale of tobacco, cigarettes, and related products. This provision does not include the sales of tobacco and tobacco products from a permitted grocery store and similar permitted retail stores, the primary purpose of which are not the sale of tobacco and tobacco products.

B. Locational Criteria And Minimum Proximity Requirements: A tobacco or e-cigarette/vaporizer retailer will be permitted under the business class of "tobacco shop" in the Downtown Commercial Zone, Las Tunas Commercial Zone, Neighborhood Commercial Zone, and the Industrial Zone, subject to the locational criteria as set forth in the following:

1. No such business will be permitted within one thousand feet (1,000') of a public or private school established for academic education of children or minors under the age of eighteen (18) years old.

2. No such business will be permitted within one thousand feet (1,000') of a public park.

3. No such business will be permitted within one thousand feet (1,000') of an existing tobacco or e- cigarette/vaporizer business.

4. No such business will be permitted within one thousand feet (1,000') of a large childcare center located within the city's limits.

C. Conditional Use Permit Requirement: No such businesses will be permitted without first obtaining a conditional use permit.

D. Visibility Requirements:

1. As a retail store, a tobacco or e-cigarette/vaporizer retailer is required to provide necessary visibility for the instore business activities. A common way of providing such visibility includes, but is not limited to, creating larger window area for the storefront facing pedestrian and vehicular traffic; maintaining the storefront windows unobstructed at all times during business hours, and using clear glass instead of tinted glass for the storefront windows.

2. Window signs for such businesses must be limited to identifying the name of the business and must not exceed ten percent (10%) of each window area.

E. Limitation on Sales of Paraphernalia: Any commercial retail establishment including a tobacco or e- cigarette/vaporizer retailer selling paraphernalia as accessory products must limit the sale, storage, and display of paraphernalia to no more than twenty percent (20%) of the total floor area. Further, all sale, storage, and display of paraphernalia must be conducted within a separate enclosed room. (Ord. 19-1036)

A. Definition:

HOOKAH/SMOKE LOUNGE: An establishment for which the configuration of the floor area is to facilitate on site consumption of tobacco, cigarette, and nicotine enriched solutions. For clarification purpose, a hookah/smoke lounge, and/or any other similar uses will be considered an individual business class separated from a tobacco/ecigarette store.

B. Hookah/Smoke Lounge Prohibited: No hookah/smoke lounge business or similar operations will be allowed within the city's limits. (Ord. 19-1036)

Section 9-1T-4 accommodates development of housing for individuals with special needs. (Ord. 19-1036)

The provisions of this section are intended to accommodate the development of permanent, affordable housing for small households or persons with special needs.

A. Location: An SRO building will be permitted to locate in the Las Tunas Commercial Zone subject to the approval of a conditional use permit pursuant to section 9-1I-2 of this code.

• B. Standards of Development:

1. Las Tunas Corridor Zone Standards: An SRO building will be subject to the standards of development that apply to the Las Tunas Corridor Zone. There is no density standard applicable in that zone.

2. Unit Size: An SRO unit must contain a floor area of not less than one hundred fifty (150) square feet and not more than four hundred (400) square feet.

3. Occupancy: An SRO unit must accommodate a maximum of two (2) persons.

4. Kitchen: An SRO unit may have no kitchen, a partial kitchen or full kitchen facilities. A full kitchen includes a sink, a refrigerator and a stove, range top or oven. A partial kitchen is missing at least one of these appliances. If a full kitchen is not provided, common kitchen facilities must be provided with at least one (1) full kitchen per floor.

5. Bathroom: An SRO unit is required to have a partial bathroom or may contain full bathroom facilities. A partial bathroom facility must have at least a toilet and sink; a full facility must have a toilet, sink, bathtub, shower or bathtub/shower combination. If a full bathroom is not provided, common bathroom facilities must be provided in

accordance with the California Building Code for congregate residences with at least one (1) full bathroom per floor that is accessible from a common area or hallway.

6. Closet: Each SRO unit must have a separate closet.

7. Common Area: An SRO building must provide a minimum of two hundred (200) square feet of interior common space plus four additional square feet per SRO unit.

8. Maintenance Facilities: An SRO building must provide a common cleaning supply room or utility closet with a wash sink having hot and cold running water on every floor.

9. Trash Enclosure: An SRO building must provide a trash enclosure to the minimum requirements of section 9- 1I-3 this code.

10. Existing Structures: An existing structure may be converted to an SRO building subject to compliance with the provisions of this section.

• C. Parking:

1. Vehicular Parking: One (1) off-street parking space must be provided per four SRO units plus an additional one

• (1) space for the on-site manager, all in a manner consistent with 9-1E of this code.

2. Bicycle Parking: A minimum of one (1) bicycle parking space must be provided for every four (4) SRO units, or an alternate number may be approved by the director.

• D. Management:

1. Facility Management: An SRO building with nine (9) units or less must provide a management office on the premises. An SRO building with ten (10) units or more must provide for a resident manager on the premises.

2. Management Plan: A management plan must be submitted with the application to develop or operate an SRO building. The management plan must address planned management and operation of the facility, rental procedures, safety and security of residents and building maintenance. The management plan must be approved by the director prior to occupancy or operation of the SRO building.

E. Business License: The agency or organization operating the SRO building must obtain a city business license before commencing operation. The application submittal requirements must include, but not be limited to, a completed city business license application subject to the provisions of Title 5 of this Code, a written management plan, and letter-sized copies of the site plan and floor plan. (Ord. 19-1036)

The provisions of this section are intended to provide opportunities for the development of temporary shelters for the homeless and specific populations of the homeless.

A. Location: An emergency shelter will be permitted to locate in the CSP-MU-B and CSP-CC zones only along Rosemead Boulevard between Las Tunas Drive and Broadway, subject to approval of a site plan review pursuant to article 9-1C of this code before commencing operation.

B. Concentration of Emergency Shelters: No more than one (1) emergency shelter will be permitted to locate within a radius of three hundred feet (300') from another emergency shelter.

• C. Standards of Development:

1. Maximum Capacity: An emergency shelter will contain a maximum of thirty (30) beds and must serve no more than thirty (30) homeless persons at the same time.

2. Interior Intake Space: An emergency shelter must provide an interior waiting and intake area which contains a minimum of two hundred (200) square feet. No exterior waiting area will be allowed on or off the premises.

3. Common Facilities: An emergency shelter must provide common areas with common facilities including, but not limited to, a central kitchen, dining room, laundry room, and a common gathering area.

4. Open Space: An emergency shelter must provide adequate outdoor open space area with landscaping. All open spaces must be fenced and not visible from Rosemead Boulevard.

5. Lighting: An emergency shelter must provide adequate external lighting for security purposes. The lighting must be stationary, directed away from adjacent properties and public rights-of-way, and with brightness or glare controlled to be compatible with the neighborhood.

6. Maintenance Facilities: An emergency shelter must provide a utility closet for storage of cleaning supplies and equipment, and with a wash sink having hot and cold running water.

7. Trash Enclosure: An emergency shelter must provide a trash enclosure to the minimum requirements of the R- 3 zone.

D. Parking: An emergency shelter must provide one off street parking space for every ten (10) beds plus one (1) off-street parking space per each employee and agency vehicle, all in a manner consistent with article 9-1E of this code.

• E. Management: The agency or organization operating the shelter must comply with the following requirements:

1. Duration of stay by residents must be limited to a maximum of six (6) months.

2. Supportive services must be provided to assist residents to obtain permanent shelter and income. Such services must be provided at no cost to tenants.

3. The agency or organization operating the emergency shelter must have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, admittance hours, security, screening of residents to ensure compatibility with services provided at the facility, and for training, counseling, and treatment programs for tenants.

4. Emergency shelters must provide for an onsite resident manager, an onsite management office and security during all hours of operation.

F. Business License: The agency or organization operating the emergency shelter must obtain a city business license before commencing operation. The application submittal requirements must include, but not be limited to, a completed city business license application subject to the provisions of Title 5 of this Code, a written management plan, and letter-sized copies of the site plan and floor plan. (Ord. 13-972; amd. Ord. 19-1036)

• A. Definitions: As used in this section, the following words or terms have such meanings herein ascribed to them: ADULT ORIENTED BUSINESSES: Any one (1) of the following:

Adult Arcade: An establishment where, for any form of consideration, one (1) or more still or motion picture projectors, or similar machines, for viewing by five (5) or fewer persons each, are used to show films, computer generated images, motion pictures, videocassettes, slides or other photographic reproductions thirty percent (30%) or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult Bookstore: An establishment that has thirty percent (30%) or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, videocassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

Adult Cabaret: A nightclub, restaurant, or similar business establishment which: 1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or 2) which regularly features persons who appear seminude; and/or 3) shows films, computer generated images, motion pictures, videocassettes, slides, or other photographic reproductions thirty percent

(30%) or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult Hotel/Motel: A hotel or motel or similar business establishment offering public accommodations for any form of consideration which: 1) provides patrons with closed circuit television transmissions, films, computer generated images, motion pictures, videocassettes, slides, or other photographic reproductions thirty percent (30%) or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and 2) rents, leases, or lets any room for less than a six (6) hour period, or rents, leases, or lets any single room more than twice in a twenty-four (24) hour period.

Adult Motion Picture Theater: A business establishment where, for any form of consideration, films, computer generated images, motion pictures, videocassettes, slides or similar photographic reproductions are shown, and thirty percent (30%) or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult Theater: A theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

Modeling Studio: A business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the State Board of Education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available "specified sexual activities".

CHURCH: A structure which is used primarily for religious worship and related religious activities.

DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON: The dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal.App.3 151 (1981). ESTABLISHMENT OF AN ADULT ORIENTED BUSINESS: Any of the following:

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

2. The conversion of an existing business, whether or not an adult oriented business, to any adult oriented business defined herein;

3. The addition of any of the adult oriented businesses defined herein to any other existing adult-oriented business; or

4. The relocation of any such adult oriented business.

JUICE BAR (And Other Places Dispensing Food Or Drink): Any food or beverage establishment where the persons owning or employed in the preparation or dispensation of such food or beverage appears before (or is discernable by) the patrons of such establishment as being nude, seminude or exhibiting the specified anatomical features, as described herein.

REGULARLY FEATURES: With respect to an adult theater or adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two (2) or more occasions within a thirty (30) day period; three (3) or more occasions within a sixty (60) day period; or four (4) or more occasions within a one hundred eighty (180) day period, must to the extent permitted by law be deemed to be a regular and substantial course of conduct.

ized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two (2) or more occasions within a thirty (30) day period; three (3) or more occasions within a sixty (60) day period; or four (4) or more occasions within a one hundred eighty (180) day period, must to the extent permitted by law be deemed to be a regular and substantial course of conduct.

SCHOOL: Any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

SEMINUDE: A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

SPECIAL HEARING OFFICER: The city manager of this city or his designee.

SPECIFIED ANATOMICAL AREAS: Any of the following:

1. Less than completely and opaquely covered human:

• a. Genitals or pubic region;

• b. Buttocks; and

• c. Female breast below a point immediately above the top of the areola;

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

3. Any device, costume or covering that simulates any of the body parts included in subsection 1 or 2 of this definition.

SPECIFIED SEXUAL ACTIVITIES: Any of the following, whether performed directly or indirectly through clothing or other covering:

1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

2. Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

3. Masturbation, actual or simulated;

4. Excretory functions as part of or in connection with any of the other activities described in subsections 1

through 3 of this definition.

B. Locational Criteria and Minimum Proximity Requirements: An adult oriented business may be established or located in the Mixed-Use Low zone of Industrial zone subject to certain distances of certain specified land uses or zones as set forth below:

1. No such business will be permitted within six hundred feet (600') of a public or private school for the academic education of children or minors under the age of eighteen (18) or a church.

2. No such business will be permitted within three hundred feet (300') of residentially zoned property or property used for residential purposes.

3. No such business will be permitted within three hundred feet (300') of premises selling alcoholic beverages.

4. No such business will be permitted within one thousand feet (1,000') of another such adult oriented business.

5. The distances set forth above will be measured from the external property boundaries of the property upon which the adult oriented business is located to the nearest property line or lines of the property so zoned or used without regard to intervening structures or parcels or rights-of-way.

6. The above locational criteria apply in all applicable zones, except Industrial zoned properties, south of Lower Azusa Road and east of Miller Drive.

7. The city council recognizes the constitutional limitation of completely barring such businesses from the entire city. In the event, a court of final resort finds that these regulations improperly limit the siting of such activities, then the council declares that if a court orders more siting locations, properties abutting the streets known as Las Tunas Drive and Temple City Boulevard must be the last areas to be opened for such activities.

C. Amortization Of Nonconforming Adult Oriented Business Uses: Any use of real property existing on the date of the acceptance of this section, which does not conform to the provisions of subsection D of this section, but which was constructed, operated, and maintained in compliance with all previous regulations, will be regarded as a

nonconforming use which may be continued for three (3) years after the effective date hereof. On or before such date, all such nonconforming uses must be terminated unless an extension of time has been approved by the special hearing officer in accordance with the provisions of subsection F of this section.

1. Abandonment: Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult oriented business will result in a loss of legal nonconforming status of such use.

2. Amortization; Annexed Property: Any adult oriented business which was a legal use at the time of annexation of the property and which is located in the city, but which does not conform to the provisions of subsection D of this section will be terminated within one (1) year of the date of annexation unless an extension of time has been approved by the special hearing officer in accordance with the provisions of subsection F of this section.

D. Extension of Time for Termination of Nonconforming Use: The owner or operator of a nonconforming use as described in subsection E of this section may apply under the provisions of this subsection F to the special hearing officer for an extension of time within which to terminate the nonconforming use.

1. Time And Manner Of Application: An application for an extension of time within which to terminate a use made nonconforming by the provisions of subsection E of this section, may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the special hearing officer at least ninety (90) days but no more than one hundred eighty (180) days prior to the time established in subsection E of this section for termination of such use.

orming by the provisions of subsection E of this section, may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the special hearing officer at least ninety (90) days but no more than one hundred eighty (180) days prior to the time established in subsection E of this section for termination of such use.

2. Content of Application; Fees: The application must state the grounds for requesting an extension of time. The filing fee for such application must be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the city council.

3. Special Hearing Procedure: The city manager will appoint a special hearing officer to hear such applications. The Hearing Officer will set the matter for hearing within fifteen (15) days of receipt of the application. All parties involved will have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and will have the right to confront and cross examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to relying in the conduct of serious affairs. Any hearing under this subsection D may be continued for a reasonable time for the convenience of a party or a witness. The decision of the hearing officer will be final and subject to judicial review pursuant to Code of Civil Procedure section 1094.5 or 1094.6.

4. Approval of Extension; Findings: An extension under the provisions of this subsection F will be for a reasonable period of time commensurate with the investment involved, and will be approved only if the special hearing officer makes all of the following findings or such other findings as are required by law.

a. The applicant has made a substantial investment (including, but not limited to, lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to adoption of this chapter.

b. The applicant will be unable to recoup said investment as of the date established for termination of the use; and

c. The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with subsection D of this section. (Ord. 19-1036)

A. Definition:

MINI-MALL: A commercial center consisting of two (2) or more commercial units or business on a freestanding (self-contained) development site of less than sixty-five thousand (65,000) square feet of land area with parking situated between the building or a portion of the building and the street. For purposes of defining a mini mall, a

freestanding (self-contained) development consists of any commercial center which does not have reciprocal parking and/or reciprocal vehicular access with any other abutting or adjoining site.

• B. Development Standards for Mini-Malls:

1. Any development site with eighteen thousand (18,000) square feet of land area or less must be limited to no more than two (2) commercial units or businesses.

2. The minimum size of a commercial unit in any mini-mall development project must be one thousand (1,000) square feet of gross floor area.

3. Parking will be required based upon use, occupancy, gross floor area and number of individual units; provided, however, that no less than seven (7) parking spaces shall be provided per commercial unit or business on the street (ground) level. Parking requirements for a second story and subsequent stories shall be regulated by provisions of this section of the zoning code based upon the proposed use, occupancy, gross floor area and number of individual units.

4. Any mini-mall development project shall be subject to a conditional use permit.

5. A traffic report by a registered traffic engineer shall be conducted and shall be submitted in conjunction with any proposed mini-mall use.

6. Any proposed mini-mall development shall be consistent with and complementary to the surrounding neighborhood to assure preservation of neighborhood character and ambiance.

• a. Landscaping:

• (1) Ten percent (10%) of all parking areas shall be devoted to landscaped open space. Landscape plans shall be prepared by a licensed architect or landscape contractor.

(2) To buffer surface parking areas from adjacent sidewalks and/or parkways, a five-foot-wide landscaped area shall be provided. Said landscaping may consist of a landscaped berm, hedge or similar planting material. Hardscape or decorative block materials shall not constitute landscaping.

(3) All landscaped areas shall be improved with an irrigation system. Said irrigation system shall consist of an automatic drip system or similar water conservation apparatus.

(4) Shade producing trees shall be planted in all parking areas at a ratio of one twenty-four-inch (24") box size tree for every four (4) parking spaces.

• b. Maintenance:

• (1) The exterior condition of all properties, including, but limited to, parking areas, exterior walls or landscaped areas shall always be maintained in the state of good repair.

(2) Maintenance of landscaped areas shall include the continuous operations of watering, removal of weeds, mowing, trimming, edging, cultivation, reseeding, plant replacement, fertilization, spraying, control of pests, insects and rodents, or other operations necessary to ensure normal plant growth.

(3) When a new commercial development is approved, a covenant and agreement shall be signed by the owner ensuring the continuous maintenance of the premises regardless of future ownership.

• c. Signage: No roof signs shall be permitted. All other signage shall be governed by the zoning code.

• d. Security: Adequate security measures shall be incorporated into the design for a commercial center to ensure a reasonable level of safety.

e. Public Notices: Public notices for any public hearing shall be mailed to all property owners within five hundred feet (500') of the subject site. (Ord. 19-1036)

• A. Fireworks stands shall be permitted on any non-residentially zoned site or any public-school site with frontage on a primary street as designated on the adopted general plan.

• B. Fireworks stand staging areas/distribution points shall be prohibited in any zone. (Ord. 19-1036)

A. Definitions: The words, phrases, and terms used in this section shall have the following meanings for the purposes of this section only:

ACCESSORY STRUCTURE: A detached non-habitable structure that is fully enclosed with walls for all perimeters of the building, including, without limitation, a storage shed located on the same legal parcel as a private residence. COMMERCIAL MARIJUANA ACTIVITY: The cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, or sale of marijuana and marijuana products for commercial purposes, whether or not conducted with a license issued in accordance with division 10 of the Business and Professions Code.

CULTIVATE OR CULTIVATION: Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.

ESTABLISH OR OPERATE: Means and includes any of the following involving marijuana: the opening, commencement, conversion of an existing business, facility, use, establishment, or location, or the addition to any other existing business, facility, use, establishment or location, for marijuana purposes as set forth in this section. LEGAL PARCEL: Any parcel of real property that may be separately sold in compliance with the Subdivision Map Act.

MANUFACTURE: The commercial production, preparation, propagation, or compounding of marijuana or marijuana products either directly or indirectly or by extractions and chemical synthesis at a fixed location that packages or repackages marijuana or marijuana products or labels or re-labels its container.

MARIJUANA: All parts of the plant cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It includes marijuana infused in foodstuff. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except resin extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the plant that are incapable of germination. Marijuana does not include:

1. Industrial hemp, as defined in Health and Safety Code section 11018.5; or

2. The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other product.

The terms marijuana and cannabis shall be synonymous and have the same meaning.

MARIJUANA CULTIVATION FACILITY: Any business, facility, use, establishment, or location where the cultivation of marijuana occurs.

MARIJUANA PRODUCTS: Marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.

MEDICAL MARIJUANA: Marijuana used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which marijuana is deemed to provide relief as defined in subsection (h) of Health and Safety Code section 11362.7.

MEDICAL MARIJUANA DISPENSARY: Any business, facility, use, establishment or location, whether fixed or mobile, where medical marijuana is made available to, delivered to and/or distributed by or to three (3) or more of the following: a “primary caregiver”, “a qualified patient”, or a person with an “identification card”, as these terms are defined in California Health and Safety Code section 11362.5 and following. A “medical marijuana dispensary” does not include the following uses, as long as the location of such uses are otherwise regulated by this code or applicable law: a clinic licensed pursuant to chapter 1 of division 2 of the Health and Safety Code, a healthcare facility licensed pursuant to chapter 2 of division 2 of the Health and Safety Code, a residential care facility for persons with chronic life threatening illness licensed pursuant to chapter 3.01 of division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to chapter 3.2 of division 2 of the Health and Safety Code, a residential hospice, a home health agency licensed pursuant to chapter 8 of division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code section 11362.5 and following, or a medical marijuana dispensary does not include a non-storefront, delivery-only medical, cannabis retail business.

NON-MEDICAL MARIJUANA FACILITY: Any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any activity that requires a State license or nonprofit license under Business and Professions Code sections 26000 and following, including, but not limited to, marijuana cultivation, marijuana distribution, marijuana transportation, marijuana storage, manufacturing of marijuana products, marijuana processing, the sale of any marijuana or marijuana products, and the operation of a marijuana microbusiness.

OUTDOOR: Any location within the City of Temple City that is not within a fully enclosed structure. Open patio covers or partially enclosed patio covers shall be considered "outdoor" for the purposes of this section.

PREMISES: A single, legal parcel of property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall constitute a single "premise" for purposes of this section. PRIVATE RESIDENCE: A legally existing house, apartment unit, mobile home, or other similar dwelling. A legally existing accessory structure located on the same legal parcel as a private residence shall be considered a part of that private residence.

RESIDENTIAL STRUCTURE: Any building or portion thereof legally existing which contains living facilities, including provisions for sleeping, eating, cooking and sanitation on a premises or legal parcel located within a zoning district authorizing such use and which may be legally occupied by persons.

• B. Prohibited Activities:

1. Medical marijuana dispensaries and non-medical marijuana facilities are prohibited in all zones in the city and shall not be established or operated anywhere in the city.

2. Except for personal marijuana cultivation in a private residence per subsections E through G of this section, marijuana cultivation and marijuana cultivation facilities are prohibited in all zones in the city and shall not be established or operated anywhere in the city.

3. Commercial marijuana activities are prohibited in all zones in the city and shall not be established or operated anywhere in the city.

4. No person may own, establish, open, operate, conduct, or manage any marijuana dispensary, non-medical marijuana facility, or marijuana cultivation facility in the city, or be the lessor of property where a marijuana dispensary, non-medical marijuana facility, or marijuana cultivation facility is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any marijuana dispensary, non-medical marijuana facility, or marijuana cultivation facility in the city.

5. No use permit, site development permit, tentative map, parcel map, variance, grading permit, building permit, building plans, zone change, business license, certificate of occupancy or other applicable approval will be accepted, approved or issued for the establishment or operation of a marijuana dispensary, non-medical marijuana facility, or marijuana cultivation facility.

6. No person or entity may deliver or transport marijuana from any fixed or mobile location, either inside or outside the city, to any person or location in the city, except that a person may deliver or transport medical marijuana to a qualified patient or person with an identification card, as those terms are defined in Health and Safety Code section 11362.7, for whom he or she is the primary caregiver within the meaning of Health and Safety Code sections 11362.5 and 11362.7(d).

7. Nothing contained in this section shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law.

8. Nothing in Section 9-1T-10 prohibits the establishment of non-storefront, delivery-only medical cannabis retail businesses. See section 9-1T-22 for the related requirements for these uses.

C. Enforcement: The city may enforce this section in any manner permitted by law. The violation of this section shall be and is hereby declared to be a public nuisance and contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief.

D. Personal Marijuana Cultivation: Personal marijuana cultivation may only be conducted within private residences, and in compliance with subsections E through G of this section, and state law.

1. It shall be unlawful and a public nuisance for any person twenty- one (21) years of age or older who owns, leases, occupies, or has charge or possession of any private residence within any zoning district in the City of Temple City to cultivate marijuana for personal use except as provided for in subsections E through G of this section.

2. It shall be unlawful and a public nuisance for any person under twenty-one (21) years of age to cultivate marijuana.

E. Indoor Marijuana Cultivation in a Private Residence: the following is required before marijuana may be cultivated within a private residence.

1. Plant Limitation: Not more than a total of six (6) living marijuana plants may be planted, cultivated, harvested, dried, or processed inside a single private residence or inside an accessory structure located on the grounds where the private residence is located, at any one time.

2. Residency Requirement: Any person who cultivates marijuana for personal use shall reside full-time on the premises where the marijuana cultivation occurs.

3. Location and Use:

a. Primary residential structures used for marijuana cultivation shall always remain a residence, with legal and functioning cooking, sleeping, and sanitation facilities, with proper ingress and egress.

b. Cultivation shall not be permitted in rooms when it impedes the room's primary use, such as cooking of meals, sleeping, and bathing.

• c. Any room or area being converted for the purposes of cultivating marijuana shall receive planning and

• building approval, and shall comply with all applicable Building, Mechanical, Electrical, Plumbing, and Fire Codes.

• d. Cultivation shall not occur in carpeted areas or other areas deemed hazardous by the city's building official.

• e. Cultivation shall be limited to a cumulative area totaling up to fifty (50) square feet.

• f. Marijuana cultivation shall not occur in a garage that is required by this title. All required garage parking spaces must remain free and clear of marijuana cultivation equipment or living marijuana plants.

g. Any person who cultivates marijuana for personal use shall reside full-time on the premises where the marijuana cultivation occurs.

• h. The private residence shall not be used primarily for marijuana cultivation.

• i. A renter seeking to cultivate marijuana shall have written consent from the property owner.

j. Personal marijuana cultivation shall not be allowed in a residence if any of the following activities also occur on the premises - childcare center, community care facility, daycare center, youth center, group home, or any other facility caring for children that do not allow the cultivation of marijuana by law or policy.

• k. Marijuana cultivation lighting shall not exceed a total of one thousand two hundred (1,200) watts for the cultivation area within the private residence.

• l. The indoor use of generators and/or the indoor use of gas products, including, without limitation, carbon dioxide, butane, propane, and natural gas shall be prohibited for the cultivation of marijuana.

• m. Marijuana cultivation shall not be conducted in such a manner as to emit detrimental odor outside of the private residence.

• n. Marijuana cultivation shall require proper ventilation to prevent mold damage and to prevent marijuana odors or particles from being a public nuisance.

• o. Marijuana cultivation shall not be hazardous due to use or storage of materials, processes, and products or wastes.

p. Marijuana cultivation shall not create dust, glare, heat, noise, smoke, traffic, vibration, or other impacts deemed a public nuisance.

q. Not more than a total of six (6) living marijuana plants may be planted, cultivated, harvested, dried, or processed inside a single private residence and/or inside an accessory structure located on the grounds where the private residence is located, at any one time.

• r. Marijuana cultivation activities, including marijuana plants and equipment, shall not be allowed on balconies, patios, porches, and the like.

s. Marijuana cultivation activities, including marijuana plants and equipment, shall not be visible from the public right-of-way, private driveway, or fire lane.

4. Access and Security:

• a. Marijuana cultivation areas shall have an adequate mechanical locking or electronic security system installed prior to marijuana cultivation.

b. Marijuana cultivation areas shall always remain secure and shall not be accessible to persons under twentyone (21) years of age.

c. The living marijuana plants and any marijuana produced by the plants in excess of 28.5 grams shall be kept within the private residence or accessory structure located upon the premises, in a locked space, and not visible by normal unaided vision from a public view.

F. Outdoor Marijuana Cultivation: It shall be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any legal parcel or premises within any zoning district in the City of Temple City to cause, or allow such parcel or premises to be used for, the outdoor cultivation of marijuana or marijuana products. (Ord. 19-1036; amd. Ord. 25-1081 U ; Ord. 25-1082, 9-2-2025)

A. Applicability: The design and installation provision set forth herein are applicable to all new wireless communication facilities (WCF) within the City of Temple City, not located within or over a public right-of-way. The requirements of this section apply to telecommunication facilities that are the primary use of a property and those that are accessory facilities with the exception of the following facilities;

1. Licensed amateur (ham) radio and citizen band operations.

2. Handheld mobile, marine, and portable radio transmitters and/or receivers.

3. Emergency services radio.

4. Radio and television mobile broadcast facilities.

5. Antennas and equipment cabinets or rooms located completely inside or permitted structures.

6. A single ground or building mounted antenna that only receives radio or television satellite dish antenna, subject to the restrictions outlined in this section.

• B. Definitions:

ANTENNA: One or more rods, poles, panels, disks, or similar devices used for the transmission or reception of radio frequency signals. This definition includes omnidirectional antennas (whips), directional antennas (panels), and parabolic antennas (disks).

ANTENNA, BUILDING FACADE MOUNTED:A flat panel installed by flush mounting the antenna to the

building’s facade and painting it to match the wall’s color and texture. In some cases, the antenna is incorporated into or hidden by one of the structure’s design elements.

ANTENNA, FLAGPOLE: A slim line monopole with a flag attached. It has a thicker diameter than a typical flagpole.

ANTENNA, LATTICE POWER LINE TOWER: This design takes advantage of the existing lattice power transmission towers used by utility companies.

ANTENNA, LIGHT STANDARD FLUSH MOUNTED: Usually found at sports fields with ballpark lighting. The antenna panels are mounted near the pole and under the lights. However, antennas can also be placed within a stealth cylinder on top of a light standard.

ANTENNA, LOLLYPOP: Consists of a thin pole that holds a panel antenna. Employed in open space or below the ridgeline in canyons or areas of hilly terrain. Sometimes the antenna is blended with faux or natural vegetation. ANTENNA, MONOBROADLEAF: Mimics a broadleaf tree to hide antennas, using the same monopole structure. ANTENNA, MONOPALM: Covers a monopole design with palm fronds and a growth pod to hide the cell site’s antennas.

ANTENNA, MONOPINE: Similar to a monopole design pole with simulated bark covering, in addition to simulated branches and pine needles.

ANTENNA, MONOPOLE: A tall pole topped with a triangular structure to mount the antenna array. This is one of the earlier design types used for wireless communications facilities.

ANTENNA, SATELLITE EARTH STATION: A parabolic or dish shaped antenna or other apparatus or device that is designed for the purpose of receiving or transmitting signals for voice, video, or data.

ANTENNA, SLIM LINE MONOPOLE: A slender pole mounted with a four (4) to six (6)-foot-high radome that has an eighteen (18) to twenty four (24) inches diameter to conceal the antennas.

ANTENNA, STEALTH INSTALLATION: In addition to monopine, monopalm, and monobroadleaf, can include faux chimneys, rooftop screen walls, steeples, clock towers, and faux water tanks.

ANTENNA, WATER TANK: Uses a preexisting, aboveground structure to attach facade mounted antennas. ANTENNA, WHIP: A thin metal/fiberglass pole that serves as a receiving and transmitting device. Typically measures eighteen (18) inches to ten (10) feet in length and half an inch (0.5) inch to four (4) inches in diameter. Typically installed on fire department buildings, police department buildings, and city maintenance facilities. COLLOCATION:The sharing of a wireless communication facility by two (2) or more wireless communication service providers.

INSTITUTIONAL: Includes churches, temples and other places of religious worship; educational institutions; government facilities; lodges, meeting halls and social clubs; and parks and playgrounds. This does not include residential uses, community care facilities (large and small), modular homes, supportive housing, transitional housing, commercial off-street parking spaces, homes for the aged, hospitals, nursery schools, daycare centers, and psychiatric hospitals.

RADOME: An enclosure made of radio frequency-transparent materials used to screen and/or protect wireless communication antennas.

WIRELESS COMMUNICATION FACILITY: For purposes of this article, a wireless communications facility is any unstaffed facility for the transmission and/or reception of wireless telecommunication services, usually consisting of an antenna array, connection cables, an equipment enclosure or facility, and a tower structure or other building or structure used to achieve the necessary elevation.

C. Types Of Wireless Communication Facilities Permitted In Designated Zone Districts: No person may place, affix, attach, mount, construct, erect, install, develop, use, operate and maintain, or modify a wireless facility, wireless transmission device, support structure and/or accessory equipment within the city without meeting the permitting requirements in the table below. Notwithstanding the foregoing, administrative collocation may be allowed as approved in subsection J of this section.

may place, affix, attach, mount, construct, erect, install, develop, use, operate and maintain, or modify a wireless facility, wireless transmission device, support structure and/or accessory equipment within the city without meeting the permitting requirements in the table below. Notwithstanding the foregoing, administrative collocation may be allowed as approved in subsection J of this section.

Note:

1. The applicable type of wireless communication facility is allowed, with the appropriate entitlement, only on sites where the primary use is institutional.

2. A request for a new wireless facility located on publicly owned and used property is not required to comply with the height requirement provided that it includes the dismantling/removal of a similar pre-existing wireless facility at the site and is proposed on or within an existing structure. The new wireless facility/structure must be located at a minimum of two hundred (200) feet from all street fronting property lines and residentially-used properties. All other design standards are applicable and improvements to the existing structure to comply with the requirements are permissible, provided that the existing height is maintained.

3. See section 9-1T-11(5) for requirements.

D. Design Standards: The city shall apply the following design standards to all proposed wireless communications facilities:

1. Building Facade Mounted Antenna:

a. An antenna less than 1.5 square feet in surface area that is mounted to a building facade shall be treated to match or complement the existing facade's color and texture. Such antenna shall be mounted flush to the building or with low profile brackets, as well as skirted. The antenna's profile shall not extend more than twelve inches (12") outward from the building facade, and shall not extend above the height of the facade.

b. An antenna with a surface area greater than one and a half (1.5) square feet that is mounted on any commercial building’s facade shall be fully screened using materials that match the existing facade’s color and texture.

• c. Antenna screening systems shall be architecturally integrated with the building to the greatest possible extent as determined by the community development director.

• d. Antenna screens shall be fully enclosed to prevent birds from nesting in the screen structures.

• e. The facade mounted antennas and screening shall not extend above the parapet and must be designed to the minimum feasible depth.

f. The structure’s walls, conduits, chases, or concealment type devices that are integrated into the building’s architecture shall hide all coaxial cables to the greatest possible extent. All exposed cable shall be painted to match the underlying surface.

g. Antennas shall not extend above the height of the parapet. Installations proposing antennas greater than the height of the parapet shall be designed as a stealth installation.

2. Flagpole Antenna:

• a. Flagpoles, not exceeding fifty-five feet (55') in height with the antenna concealed inside the pole, are

allowable in conjunction with commercial or industrial uses.

• b. The radome must not exceed an eighteen-inch (18") diameter.

• c. The poles must be able to fly flags. U.S. flags that are not removed every day at sunset must be appropriately lit.

d. The pole diameters shall be the minimum necessary to meet engineering requirements to accompany and conceal the inner coaxial cabling.

3. Lattice Power Line Tower Antenna:

• a. No new lattice towers shall be allowed.

• b. Collocation on existing power line towers may be allowed subject to city approval.

• c. Antennas should be mounted to the vertical portion of the structure, using low profile mounting brackets.

• d. All pipe mounts must be concealed behind the antenna. The accompanying coaxial cables shall be run inside the tower structure.

e. Accompanying communications equipment shall be located under or close to the tower structure. The equipment shall be enclosed by an appropriate screening wall.

4. Light Standard Flush Mounted Antenna:

• a. An allowable light standard antenna shall be a low profile/flush mounted antenna with a maximum height of thirty-five feet (35') measured from the existing grade to the top of the antenna.

b. The antenna shall be painted to match the light standard, and all cables shall be concealed within the light standard.

• c. The radome shall not exceed eighteen inches (18") in diameter and six and one-half feet (6.5') in height above the light pole.

5. Lollypop Antenna:

• a. A lollypop antenna shall be approved only when other stealth installation types are more intrusive, such as on steep slopes or hillsides. Lollypop antennas are not permitted on buildings.

• b. Such antennas shall be installed below ridgelines wherever possible to avoid the antennas' profile appearing above a slope top.

• c. Cross braces between individual antenna poles add additional bulk to the installation and shall be discouraged.

• d. Antennas and their support poles must be painted the appropriate colors that blend with the surrounding environment.

• e. In cases where irrigation is available, natural shrubs shall be planted behind lollypop antennas.

• f. In cases where irrigation is unavailable or impractical, faux shrubs (subject to planning department review) may be installed to conceal antenna arrays.

• g. All coaxial cables that connect the antennas to their accompanying communications equipment cabinet shall be underground.

• h. The height from the base of the antenna shall not exceed fifteen feet (15').

6. Monotree Antenna:

• a. Monobroadleaf Antenna:

• (1) A monobroadleaf antenna shall be designed for a minimum of two (2) carriers if feasible.

• (2) The monobroadleaf structure shall exhibit enough branches to conceal all antennas.

• (3) Branch dispersal shall be random, with intermingled long and short branches, to appear natural.

• (4) The height of branches shall exceed all antennas by at least twelve inches (12").

• (5) Branches shall begin a minimum of fifteen feet (15') above the ground.

• (6) The top of the faux tree shall be a minimum of five feet (5') above the highest antenna.

• (7) Branch foliage shall reflect varying colored "leaves" to mimic a real broadleaf tree. The foliage shall be extruded in these colors instead of painted. A sample branch with foliage must be submitted for city approval prior to fabrication.

• (8) A custom colored sample of bark cladding must be submitted for city approval prior to fabrication.

• (9) Leafed antenna socks that match the approved foliage color must cover all antennas.

• (10) Antennas shall be mounted using standoff mounts (frame type mounts are unacceptable). Antenna

support pipe mounts must be painted a darker shade of green or black with a flat paint finish that reduces reflection and mounting visibility.

• (11) The tower (trunk) shall conceal all coaxial cables, with access to the antenna through the structure base.

• (12) The maximum monobroadleaf structure height is forty feet (40').

• b. Monopalm Antenna:

• (1) The structure shall be designed for a minimum of two (2) carriers if feasible.

• (2) The monopalm structure shall exhibit enough palm fronds to simulate a natural palm tree.

(3) The antenna shall be concealed within the growth pod and/or the monopalm trunk. The top of the faux tree's palm fronds shall extend a minimum of five feet (5') above the top of the antenna.

• (4) Frond foliage color shall vary in olive green shades to simulate palm tree colors. A sample palm frond shall be submitted for city approval prior to fabrication.

• (5) A custom colored sample of bark cladding shall be submitted for city approval prior to fabrication.

• (6) The tower (trunk) shall conceal all coaxial cables, with access to the antenna through the base of the structure.

• (7) The maximum monopalm structure height (tower portion) shall be forty feet (40').

• c. Monopine Antenna:

• (1) Monopine antennas shall be designed for a minimum of two (2) carriers.

• (2) Monopine antennas shall have a minimum of 3.1 branches per foot for full density coverage, limiting spacing between the branches. Seventy (70%) percent of the branches shall be eight feet (8') or longer.

• (3) Branch dispersal shall be random, with intermingled long and short branches, to appear natural.

• (4) Branches shall extend beyond all antennas by at least twelve inches (12").

• (5) Branches shall begin a minimum of fifteen feet (15') above the ground.

• (6) The top of the faux tree shall be a minimum of five feet (5') above the highest antenna.

(7) Branch foliage must be multicolored with greens and browns, matching those of a natural pine tree. The foliage must be extruded (made from plastic) in these colors instead of painted. A sample shall be submitted for city approval prior to fabrication.

• (8) A bark cladding sample with custom color shall be submitted for city approval prior to fabrication.

• (9) Pine needle antenna socks that match the approved foliage colors shall cover all antennas.

• (10) Antennas shall be mounted using standoff mounts (frame type mounts are unacceptable). Antenna

support pipe mounts shall be painted a darker shade of green or black with a flat paint finish that reduces reflection and mounting visibility.

• (11) Coaxial cables shall access the structure through the base.

• (12) The maximum monopine height is forty feet (40').

7. Monopole Antenna:

• a. Not allowed, except as slim line monopoles.

b. New antenna collocation on existing monopoles are permitted by-right through a zoning clearance provided the modification does not substantially change the physical dimensions of such monopole or base structure.

8. Satellite Earth Station Antenna:

a. The following satellite earth station antennas of one (1) meter or less in diameter are permitted as an

accessory use in all zone districts and may be installed without a zone clearance or building permit.

(1) An antenna that satisfies all the following criteria: is used to receive direct broadcast satellite service, including direct to home satellite service, or to receive or transmit fixed wireless signals via satellite; is one (1) meter or less in diameter; and does not exceed twelve feet (12') in height as measured from the surface on which it is mounted and does not exceed twelve feet (12') above the height limit of the applicable zone district.

(2) An antenna that satisfies all the following criteria: is used to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite; is one (1) meter or less in diameter or diagonal measurement; and does not exceed twelve feet (12') in height as measured from the surface on which it is mounted and does not exceed twelve feet (12') above the height limit of the applicable zone district.

levision fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite; is one (1) meter or less in diameter or diagonal measurement; and does not exceed twelve feet (12') in height as measured from the surface on which it is mounted and does not exceed twelve feet (12') above the height limit of the applicable zone district.

(3) An antenna that satisfies all of the following criteria: is used to receive television broadcast signals; is one (1) meter or less in diameter; and does not exceed twelve feet (12') in height as measured from the surface on which it is mounted and does not exceed twelve feet (12') above the applicable height limit of the applicable zone district.

(4) For purposes of this section, the term "fixed wireless signals" means any commercial non-broadcast communications signals transmitted via wireless technology to and/or from a fixed customer location. This term does not include, among other things, A.M. radio, F.M. radio, amateur (ham) radio, or citizens band (CB) radio.

b. A satellite earth station antenna between one (1) and two (2) meters in diameter that satisfies the criteria set forth below is permitted as an accessory use, subject to approval of a conditional use permit, in any zone district where commercial or industrial uses are generally permitted.

• (1) The diameter of the antenna is more than one (1) meter and less than or equal to two (2) meters.

(2) The antenna does not exceed twelve feet (12') in height as measured from the surface on which it is mounted and does not exceed twelve feet (12') above the applicable height limit of the zone district.

c. The following safety standards shall apply to all satellite earth station antennas that are greater than one (1) meter in diameter in all zone districts.

• (1) No antenna shall be installed in a manner that impedes normal vehicular or pedestrian circulation.

• (2) Any mast used to elevate an antenna shall be constructed of noncombustible and corrosive resistant materials.

• (3) Antennas must be installed with adequate ground wire to protect against a direct lightning strike.

• (4) Antennas shall be separated from adjacent power lines in accordance with electrical code requirements and other applicable laws.

• (5) Any mast used to elevate an antenna shall be secured by a separate safety wire in a direction away from adjacent power lines and other potential hazards.

(6) To the extent feasible, all cables, wires, and similar electrical transmission devices associated with the antenna shall be placed underground.

• (7) No antenna or any supporting parts shall encroach into the public right-of-way.

• (8) Antennas shall be maintained in good repair and condition and in compliance with the building code, electrical code, fire code, and other applicable laws.

9. Slim Line Monopole Antenna:

• a. Antennas and cables shall be mounted inside the structures. Radomes exceeding eighteen inches (18") in diameter shall not be allowed. Overall monopole height shall not exceed fifty-five feet (55').

• b. The structure's coloring shall be light gray, olive green, light blue, or another appropriate color to blend with the antenna's predominant background, as determined through the conditional use permit process.

10. Stealth Installation Antenna:

• a. Faux Chimney Antenna:

• (1) Faux chimney antennas may be allowed, depending on the extent of the site application's integration with the existing building's architecture.

• (2) The number, height, width, and depth of the antennas must balance with the existing structure's bulk and scale.

• (3) The antenna must not exceed ten feet (10') above the maximum roof height for all level roofed buildings and must not exceed the maximum roof height of a peak roofed building.

• b. Rooftop Screen Wall Antenna:

• (1) Antennas must not exceed ten feet (10') above the maximum roof height for level roofed buildings.

• (2) Walls must be set back at least three feet (3') from the roof's edge.

• (3) Walls are required to match or complement the building facade's color and texture.

• c. Steeple Antenna:

• (1) Antennas mounted inside existing steeples can utilize the full space.

• (2) Antennas must match the existing structure's color and texture and be fully screened.

• (3) Any modification to the steeple's outward appearance must be integrated with the overall structural design.

• (4) New steeple construction on an existing structure must be consistent with the current architectural design and be no more than forty-five feet (45') in height as measured from the existing grade to the top of the steeple.

• d. Clock Tower:

• (1) A clock tower installation must be appropriate for the location and must be designed for a minimum of two (2) carriers.

• (2) The installation is allowed, up to forty-five feet (45') in height, depending on the surrounding environment.

• (3) The design must be consistent with the environmental and built setting in which it is located.

(4) In most cases, use of a clock tower stealth antenna shall be limited to institutional sites and commercial projects greater than two acres in size where the clock tower is architecturally consistent with the design of the development and the location on site appears to have been considered with the original development's site plan.

11. Water Tank Antenna:

• a. Facade mounted antennas on a water tank structure shall not extend above the top of the tank.

• b. Antennas and coaxial cables shall be painted to match the color of the structure.

12. Whip Antenna:

• a. Whip antennas eighteen inches (18") or less in length are allowable on any structure in any zone.

• b. Antennas greater than eighteen inches (18") but less than sixty inches (60") in length are allowable on any commercial or industrial building provided that the antenna does not exceed the roofline by more than ten feet (10').

• c. A whip antenna's base must be set back from the roof's edge by a distance equal to its height.

• E. Equipment Location and Screening Systems: All equipment installation types require all coaxial, telephone, and electric cables/wires to be concealed.

1. Equipment Vault: Belowground equipment vaults are encouraged for all wireless installations at park facilities, parking lots, and wireless facilities in the public right of way.

2. Tenant Improvement: Tenant improvement is encouraged for all wireless installations on existing buildings, where enough space is available within the building's interior. If enough space is not available within the existing building structure, equipment room additions are allowed subject to standard building/zoning codes. Equipment room addition design is required to be consistent with the existing building's architecture and must be effectively mitigated with the required landscape setbacks.

3. Prefabricated Equipment Shelter:

• a. These shelters are discouraged for most wireless installation applications.

• b. Prefabricated equipment shelters can be utilized in commercial areas where the shelter is not visible to any public view.

4. Site Constructed Equipment Shelter: These shelters are encouraged, provided they are architecturally integrated into the surrounding environment. The height of the equipment shelter must not exceed that which is consistent with the adjacent building. Air conditioning condensing units (A/C units) must be located on the ground adjacent to the structure or mounted on the roof. A/C units must be fully screened and must not exceed any applicable noise ordinances. Landscape standards also apply.

5. Outdoor Communications Equipment Cabinet: These cabinets must be located within equipment enclosures (except communications equipment in the public right of way), with sufficiently high walls that completely conceal

the equipment cabinets from public view. Equipment enclosures must have lattice type covering to prevent unauthorized access. All city screening and mitigation requirements also apply.

6. Rooftop Equipment Platform:

a. These platforms must be fully screened and, if possible, integrated with a rooftop antenna installation. Equipment screening height must not exceed ten feet (10') above the maximum roof height of level roofed buildings; others are subject to staff review.

b. In evaluating the appropriate design for a particular property, existing uses of the property, landscaping and optimal location of the facility must be considered.

• F. Regulation of Facilities:

1. Wireless communication facilities allowable without review and approval of the community development director or issuance of a zoning clearance include the following:

• a. In residential zones, a whip antenna of eighteen inches (18") or less in height.

• b. In nonresidential zones, a whip antenna of sixty inches (60") or less in height.

• c. In all zones, a satellite earth station antenna of one (1) meter or less in diameter.

2. Wireless communication facilities requiring community development director approval of a minor site plan review include the following:

• a. Building facade antennas in the IN, CSP, NC, LTC, DC, MU-L, and MU-M zones.

• b. Slim line monopoles in the IN, NC, LTC, and MU-M zones.

• c. Stealth installations in the IN, CSP, NC, LTC, DC, MU-L, and MU-M zones.

3. Except where prohibited, all other wireless communication antennas require planning commission approval of a conditional use permit prior to installation.

4. All permitted antennas must comply with the city building code, electrical code, fire code, and other applicable laws.

G. City Use of Consultants: The director may require the applicant to provide an authorization to permit the city to hire an independent, qualified consultant to evaluate any technical aspect of the proposed use, including issues involving radio frequency emissions, alternative designs, and alternative sites. Any authorization for this purpose must include an agreement by the applicant to reimburse the city for all reasonable costs associated with the consultation. Any proprietary information disclosed to the city or the consultant is deemed not to be a public record and must remain confidential and not to be disclosed to any third party without the express consent of the applicant, unless otherwise required by law.

H. Enforcement: The city may withhold the issuance of business licenses, building permits, grading permits, certificates of occupancy, and other land use entitlements and may issue stop work orders for a WCF project failing to comply with the provisions of this article. If any improvements authorized by this article are either rendered unusable or discontinued, the property owner and tenant may be subject to enforcement procedures in compliance with Title 4, "Law Enforcement", of this code.

I. Radio Frequency Emissions Compliance: Upon installation of the facility, the applicant must demonstrate that the project will not result in levels of radio frequency emissions that exceed federal communications commission standards, including FCC office of engineering technology (OET) bulletin 65, "Evaluating Compliance With FCC Guidelines For Human Exposure To Radiofrequency Electromagnetic Fields", as amended. Additionally, if the director determines the wireless telecommunications facility, as constructed, may emit radio frequency emissions that are likely to exceed federal communications commission uncontrolled/general population standards in the FCC office of engineering technology (OET) bulletin 65, "Evaluating Compliance With FCC Guidelines For Human Exposure To Radiofrequency Electromagnetic Fields", as amended, in areas accessible by the general population, the director may require post-installation testing to determine whether to require further mitigation of radio frequency emissions. The

cost of any such testing and mitigation must be borne by the applicant. Applications for amateur radio antennas or antennas installed for home entertainment purposes are exempt from this requirement.

J. Collocation: The collocation of antennas on a single support structure is encouraged. This includes collocation with other wireless telecommunications antenna facilities including those of public and quasi-public agencies using similar technology unless specific technical constraints preclude collocation.

1. Wireless Facilities And Wireless Transmission Devices: No person may place, affix, attach, mount, construct, erect, install, develop, use, operate and maintain, or modify a wireless facility, wireless transmission device, support structure and/or accessory equipment within the city without a conditional use permit approved by the planning commission following a noticed public hearing on the matter. Notwithstanding the foregoing, administrative collocation may be allowed as approved in subsection J.3 of this section.

2. Collocation - General: No person may collocate a wireless facility or wireless transmission device, including related accessory equipment, without meeting the requirements of subsection C of this section. Notwithstanding the foregoing, administrative collocation is allowed as approved in the following manner.

3. Administrative Collocation: Pursuant to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, if, following the submission of a completed application form and all required materials, the community development director determines that a proposed collocation qualifies as an “administrative collocation” as defined herein, such proposal does not require a conditional use permit but must be approved by the community development director through the issuance of a zoning clearance permit. The foregoing notwithstanding, an administrative collocation approval must be subordinate and subject to the conditions of approval associated with the wireless telecommunications collocation facility to which it relates and administrative collocation must not defeat the existing concealment elements of the facility to which it relates or otherwise violate or be inconsistent with the conditions associated with the prior approval of the facility to which it relates (unless the inconsistency does not exceed the “substantial change” thresholds identified in federal communications commission regulations or orders). Also, the life of a zoning clearance approval may not exceed the life of the underlying conditional use permit or other underlying discretionary authorization corresponding to the wireless telecommunications collocation facility upon which the proposed wireless transmission device and corresponding accessory equipment will be placed or installed.

K. Justification Study And Visual Impacts Analysis: The applicant must submit a justification study indicating the rationale for selecting the proposed use, a detailed explanation of the coverage gap that the proposed use would serve, and how the proposed use is the least intrusive means for the applicant to provide wireless service. The applicant must also submit a visual impacts analysis including scaled elevation diagrams which:

1. Demonstrates the potential visual impacts of any proposed wireless communication facility, support structure, or accessory equipment;

2. Includes before and after photo simulations from various locations and/or angles from which the public would typically view the site and includes a map depicting where the photos were taken; and

3. Where the wireless communication facility would be readily visible from the public right-of-way or from surrounding properties, the application must include an explanation as to why, if screening or other techniques to minimize the visibility are not proposed, such approaches to reduce the visibility of the wireless communication facility would not be feasible or effective.

L. Public Rights-of-Way: See Title 6, Chapter 4, Article A of this code for regulations on telecommunications facilities and wireless telecommunications facilities in public rights-of-way.

M. Abandonment of Facility, Notice to City: A wireless service provider must provide written notice by certified U.S. mail to the director in the event the wireless service provider intends to terminate or otherwise abandon its use of a wireless communication facility or the wireless service provider is required to discontinue its use of a wireless communication facility. Such notice must be mailed not less than thirty (30) calendar days prior to the contemplated or

anticipated cessation of use; must state the contemplated or anticipated date upon which the use will end; and must state the date upon which the wireless communication facility will be completely dismantled and physically removed from the real property parcel where it is sited or located.

1. Dismantling and Removal of Equipment: With respect to the contemplated abandonment, termination or discontinuance of use of a wireless communication facility, the dismantling and physical removal must include the dismantling and physical removal of all telecommunications facilities, all support structures and all accessory equipment from the real property parcel where such items were sited. With respect to the contemplated abandonment, termination, or discontinuance of use of a wireless communication facility, the dismantling and physical removal must include the dismantling and physical removal of the wireless transmission device and all corresponding support structures and/or accessory equipment that do not serve wireless communication facilities whose use is ongoing. Physical removal of an entire wireless communication facility also entails and includes the restoration of the site to its original condition prior to the installation of the wireless communication facility, excluding any landscape improvements.

sion device and all corresponding support structures and/or accessory equipment that do not serve wireless communication facilities whose use is ongoing. Physical removal of an entire wireless communication facility also entails and includes the restoration of the site to its original condition prior to the installation of the wireless communication facility, excluding any landscape improvements.

2. Failure to Timely Dismantle or Remove: If the dismantling and physical removal of a wireless communication facility in the manner contemplated under this chapter is not completed by the date indicated in the notice referenced in this chapter, the director may issue notice to the wireless service provider and the owner of the real property parcel that the wireless facility or wireless transmission device must be completely dismantled and removed within sixty (60) calendar days from the dismantling and removal date originally noticed by the wireless service provider this chapter. If provider fails to remove the abandoned facility within sixty (60) days after such notice, the city may undertake to do so and recover the actual and reasonable expenses of doing so from the provider, its successors and/or assigns.

3. Constructive Abandonment of Facilities: A wireless facility or individual wireless transmission device that remains inoperative or unused for a period in excess of one-hundred and eighty (180) calendar days will be deemed abandoned for purposes of this section. The foregoing shall apply notwithstanding any assignment of ownership or lease rights. After one-hundred and eighty (180) calendar days of inoperability or nonuse, the director may issue notice to the wireless service provider and the owner of the real property parcel that the wireless communication facility must be completely dismantled and removed within sixty (60) calendar days.

4. Responsibility for Dismantling and Removal: The dismantling and physical removal of wireless communication facilities, support structures, and/or accessory equipment is the joint and several responsibility of the wireless service provider and the owner of the real property parcel upon which the wireless communication facility is sited.

5. Nuisance. If an abandoned, inoperative or unused wireless communication facility is not dismantled and physically removed within any time period required under this Section, the same shall be deemed a public nuisance and any unexpired permit or authorization to use, operate and/or maintain the wireless communication facility or the wireless transmission device may be revoked.

N. Transfer of Ownership. Upon transfer of an approved wireless communication facility or any rights under the applicable permit or approval, the permittee of the facility must within thirty (30) days of such transfer provide written notification to the director of the date of the transfer and the identity of the transferee.

1. The assignee must provide written acknowledgement and assumption of all duties, requirements, restrictions and responsibilities applicable to the use, operation and maintenance of the subject wireless facility or subject wireless transmission device as provided under this chapter or any conditional use permit or other approval issued under this chapter.

2. The director may require submission of any supporting materials or documentation necessary to determine that the facility is in compliance with the existing permit or approval and all of its conditions including, but not limited to,

statements, photographs, plans, drawings, and analysis by a qualified engineer demonstrating compliance with all applicable regulations and standards of the city, FCC, and California Public Utilities Commission.

O. Update of Wireless Communications Facility Regulations: As the wireless industry and its services evolve, its equipment will change as well. The WCF regulations will need periodic updates to incorporate the wireless industry’s changing environment and the progress made toward “stealthing” antennas and equipment. (Ord. 19-1036; Ord. 241077, 11-6-2024)

A. Applicability: This section applies to massage establishments as defined in Title 5, Chapter 2, Article E of this code. This section does not apply to massage therapy provided as an incidental use.

B. Location: Massage establishments are permitted in the following zones, subject to approval of a conditional use permit: LTC, NC, MU-L, MU-M zones. The Land Use table in the Crossroads Specific Plan provides for the regulation and location of massage uses in that area. Massage uses are prohibited in the residential, DC, OS, and M zones.

C. Separation: No massage establishment may be located within five hundred feet (500') of another massage establishment, as measured from the property lines of the properties on which the massage establishments are located. D. Buffering From R-1 Zone: No massage establishment may be located within one hundred feet (100') of a property that is zoned R-1, as measured from the property line of the property on which the massage business is located to the property line of the nearest R-1 property. This requirement does not apply to massage establishments located on lots with street frontage on Last Tunas Drive between Kauffman Avenue and Baldwin Avenue.

E. Incidental Use: Massage therapy as defined in Title 5, Chapter 2, Article E of this code is permitted as an incidental use in the CSP, DC, LTC, and NC zones subject to either item 1 or 2 below:

1. The massage therapy is incidental to a medical office, state licensed hospital, nursing home, or state licensed physical or mental health facility where the massage therapy is provided exclusively by physicians, surgeons, chiropractors, osteopaths, naturopaths, podiatrists, acupuncturists, physical therapists, registered nurses or vocational nurses duly licensed to practice their respective profession in the state.

2. The massage therapy is incidental to a barbershop, beauty parlor, beauty salon, hair salon, day spa, or nail salon where the massage therapy is provided exclusively by barbers, cosmetologists, estheticians, or manicurists licensed to practice their respective profession under the laws of the state while performing activities within the scope of their license, provided that such massage is limited solely to the neck, face, scalp, feet, hands, arms, and lower limbs up to the knees of their patrons. (Ord. 19-1036)

A. Applicability: Accessory dwelling units are permitted in any zone that allows residential uses and is developed with residential uses. Junior accessory dwelling units are permitted in R-1, R-2, and R-3 zones where there is an existing or proposed single-family dwelling.

• B. Application:

1. Ministerial Review: A proposal of an accessory dwelling unit and/or a junior accessory dwelling unit will be reviewed ministerially.

2. Length Of Review:

a. Applications will be approved or denied within sixty (60) days when a complete application is filed for an accessory dwelling unit or a junior accessory dwelling unit associated with an existing single-family or an existing multi-family dwelling.

b. If the permit application for an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application for a new single-family dwelling, the City may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permit application for the new single-family dwelling is approved.

3. Complete Application: The length of review begins when the application is complete. To be considered a complete application, the architectural drawings for the project must provide necessary details and information to allow a decision to be made. If a complete application cannot be provided, the applicant can request the City to conduct a pre-application review and pay an applicable fee before completing the application.

• C. Single Family Sites: The following rules apply to certain accessory dwelling units and junior accessory dwelling units on lots with a single-family dwelling unit.

1. Junior Accessory Dwelling Units: The following standards apply to all junior accessory dwelling units.

• a. Number: There may only be one (1) junior accessory dwelling unit per lot. The junior accessory dwelling unit must be contained within the walls of an existing or proposed single-family residence.

• b. Junior Accessory Dwelling Units In The Rear: A junior accessory dwelling unit must be located in the rear half of an existing or proposed single-family residence, unless such design is infeasible.

• c. Studios, Only: A junior accessory dwelling unit is limited to a studio unit.

• d. Owner Occupied: The owner must occupy the property, unless the owner is a governmental agency, land trust, or housing organization.

• e. Maximum Size: The junior accessory dwelling unit must be no more than five hundred (500) square feet.

• f. Separate Entrance: The junior accessory dwelling unit must include a separate entrance from the main entrance to the proposed or existing single-family residence.

• g. Efficiency Kitchen: The junior accessory dwelling unit must include an efficiency kitchen.

• h. Deed Restriction: Building permits will not be finalized until the owner of the property records and executes a deed restriction on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence. The deed restriction must be in a form acceptable to the City and include:

• (1) A statement that the deed restriction may be enforced against future purchasers; and

• (2) A requirement that the owner reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit.

2. Internal Accessory Dwelling Units And Junior Accessory Dwelling Units: The following standards apply to internal accessory dwelling units and internal junior accessory dwelling units:

• a. Number: One accessory dwelling unit or a junior accessory dwelling unit is allowed on a lot with a proposed or existing single-family dwelling.

• b. Limited Expansions For Internal Units: If the proposed accessory dwelling unit or junior accessory dwelling unit is within: (a) the proposed space of a new single-family dwelling; or (b) the existing space of an existing singlefamily dwelling or accessory structure, the accessory structure may be expanded no more than one hundred fifty (150) square feet, for the limited use of accommodating ingress and egress.

• c. Independent Exterior Door: The accessory dwelling unit or junior accessory dwelling unit must provide an exterior door independent from the proposed or existing single-family dwelling.

3. Detached, New Construction, Accessory Dwelling Units: The following standards apply to detached, new construction accessory dwelling units.

• a. Four-Foot Setbacks: The minimum side, street side, and rear yard setback is four feet (4').

• b. Minimum Size: The accessory dwelling unit may not be more than eight hundred (800) square feet.

• c. Maximum Height: The maximum height of a detached accessory dwelling unit must not exceed sixteen feet

• (16'), measured from the natural grade to the highest roof ridge or parapet. The height of the top plate must not exceed

nine feet (9').

D. Multi-Family Zones And Uses: Accessory dwelling units are allowed on lots zoned for multi-family residential uses (including residential mixed use) and with an existing multi-family structure or structures. The following standards apply:

1. Internal Accessory Dwelling Units:

a. Location: The accessory dwelling units must be located within portions of the existing multi-family dwelling structures that are not used as livable space. This may include, but is not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages.

• b. State Building Standards: Each accessory dwelling unit must comply with state building standards for dwellings.

c. Number: A multi-family site may contain at least one (1) accessory dwelling unit. The number of additional accessory dwelling units may not result in an increase of more than twenty-five percent (25%) over the existing density of the site.

2. Detached Accessory Dwelling Units:

• a. Number: No more than two (2) detached accessory dwelling units are allowed on lots that contain the existing multifamily dwellings.

• b. Maximum Height: The maximum height of a detached accessory dwelling unit must not exceed sixteen feet (16'), measured from the natural grade to the highest roof ridge or parapet. The height of the top plate must not exceed nine feet (9').

• c. Four- Foot Setbacks: The minimum setbacks for the rear and sides is four feet (4').

• E. Standards For All Accessory Dwelling Units:

1. Application: The development of accessory dwelling units or junior accessory dwelling units must comply with all other applicable zoning standards and specific plans standards, except otherwise modified by this Section or state law.

2. Minimum Size: No accessory dwelling unit may be smaller than two hundred twenty (220) square feet.

3. Maximum Size:

a. Studio Accessory Dwelling Units: Accessory dwelling units designed as a studio may not exceed six hundred

(600) square feet. This limitation does not apply to junior accessory dwelling units.

b. One Bedroom Accessory Dwelling Units: One (1) bedroom accessory dwelling units may not exceed eight hundred fifty (850) square feet.

• c. More Than One Bedroom Accessory Dwelling Units: Accessory dwelling units may not exceed one thousand (1,000) square feet.

4. Development Standards That Preclude ADUs: The following development standards set forth in the zoning code may not be applied to preclude the construction of an accessory dwelling unit that is at least eight hundred (800) square feet:

• a. Floor area ratio;

• b. Lot coverage;

• c. An accessory use must not exceed fifty percent (50%) the size of the primary dwelling; and

• d. Open space.

5. Maintaining Existing Setbacks: Existing side, street side, and rear yard setbacks may be maintained for any existing garage or other permitted existing accessory structure.

6. Shared Utilities: The accessory dwelling unit may share utility connections and meters with the primary dwelling or may be separately connected and metered.

7. Park Construction Fees: Accessory dwelling units of seven hundred fifty (750) square feet or more are subject to park construction fees, to be assessed in proportion to the square footage of the primary dwelling unit.

8. Fire Sprinklers: An automatic residential fire sprinkler system is required for all accessory dwelling units. However, the installation of fire sprinklers are not required in an accessory dwelling unit if sprinklers are not required for the primary dwelling.

9. Certificates Of Occupancy: A certificate of occupancy for an accessory dwelling unit should not be issued before the certificate of occupancy for the primary dwelling.

10. Parking Requirements:

• a. One (1) open parking space is required for a detached accessory dwelling unit involving new square footage

and having at least one (1) bedroom. The space may be provided in tandem on an existing driveway.

• b. New parking spaces for an accessory dwelling unit may be located in the side and rear setbacks provided that a three (3)-foot landscaped buffer will be created along the property line(s).

• c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, replacement parking is not required.

• d. If a house addition is also proposed for the primary dwelling in conjunction with a new accessory dwelling unit, replacement of the off-street parking must first be provided for the primary dwelling.

• e. Notwithstanding the parking standard for accessory dwelling units, parking will not be required for an accessory dwelling unit in any of the following instances:

• (1) The accessory dwelling unit is located within one-half (½) mile of a public transit.

• (2) The accessory dwelling unit is located within an architecturally and historically significant historic district.

• (3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.

• (4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

• (5) When there is a car share vehicle located within one (1) block of the accessory dwelling unit.

• F. Design Standards: The following design standards apply if feasible. A design standard will be considered infeasible if implementing it will physically prohibit the creation of an ADU or JADU.

1. Doors Cannot Be Visible: The doors to all accessory dwelling units and junior accessory dwelling units may not

be visible from the public right-of-way. If the accessory dwelling unit or junior accessory dwelling unit is located on the second floor of the main dwelling, the stairs leading to the unit must be located on the interior of the structure.

2. Garage Door Removal: When converting a garage into an accessory dwelling unit or junior accessory dwelling unit the garage door must be removed and sealed using a material the same as that of the adjoining wall material.

3. Front Entries: Accessory dwelling units and junior accessory dwelling units must be provided with a covered front porch or a recessed entry. The area may not be less than three feet (3') deep measured to the post if it is a porch or to the wall if it is a recessed entry.

4. Walls And Fences: All attached and detached accessory dwelling units must have a view obscuring six-foot (6') high wall or fence in good repair along the side and rear property lines nearest the accessory dwelling units.

5. Open Space: Accessory dwelling units should have a minimum of four hundred (400) square feet of open space with dimensions of no less than ten feet (10'). The open space should be directly accessible to the accessory dwelling unit.

6. Hedges: All attached and detached accessory dwelling units must have fifteen (15)-gallon privacy hedges planted five feet (5') on center along the side and rear property lines nearest the structure. This is not required for the conversion of an existing structure to an ADU if the setbacks are less than five feet (5').

7. Further Subdivision: The following are prohibited:

• a. Rooms not accessible to all occupants;

• b. Bedrooms with exit doors; and

• c. Wet bars in bedrooms or in a common living area.

8. Types Of Rooms: An accessory dwelling unit can only include a kitchen, bedroom(s), and one (1) of the following: living room, family room, den, office, rumpus room, etc.

9. Number Of Bathrooms: The number of bathrooms (not including powder rooms) cannot exceed the number of bedrooms. A powder room may be allowed if it is accessed from a common living area. A powder room is a bathroom that includes a sink and a toilet and does not include a bathtub and shower.

10. Common Living Areas: An accessory dwelling unit must have no more than one (1) common living area. A common living area is a room meant to be shared and used by all occupants and generally does not require a door to access. Examples of common living areas include living rooms, family rooms, dens, sunrooms, enclosed porches, rumpus rooms, dining rooms, recreation rooms, and the like.

11. Existing Architectural Styles: All accessory dwelling units must be consistent with the architectural style of the main dwelling including but not limited to the roof pitch, articulation, window size, proportion of window units to wall size, direction of opening, muntin pattern, exterior building materials, lighting fixtures, garage door design, and paint colors.

12. Exterior Doors: No more than one (1) exterior door, not including a vehicle garage door, may be provided for the accessory dwelling unit.

13. Laundry Facilities: All proposed laundry facilities must be located within a structure and only accessible from the interior of the structure.

• G. Other Requirements: The following standards will apply to accessory dwelling units and junior accessory dwelling units as stated below.

1. Short-Term Rentals: Rentals of less than a month are prohibited for accessory dwelling units, junior accessory dwelling units, and the primary residential dwellings associated with accessory dwelling units or junior accessory dwelling units.

2. Existing Garages: Garages and carports constructed after January 1, 2020 cannot be converted to accessory dwelling units or junior accessory dwelling units unless the site is modified to meet the off-street parking requirement and floor area ratio.

3. Easements: An accessory dwelling unit should not be constructed within an easement area.

H. Conflict Provisions: Except as expressly provided in this section, to the extent that any provisions of this code conflict with any provisions of this section, the provisions of this section will control. To the extent any provisions of this section conflict with state law, the mandatory requirements of state law will control, but only to the extent legally required. (Ord. 19-1036; amd. Ord. 20-1040U; Ord. 20-1048)

A. General Provisions:

1. Violations: Failure to comply with any of the provisions of this section is declared to be prima facie evidence of an existing violation and a declared public nuisance, and may be abated by the director in accordance with the provisions of Title 4, Chapter 2, Article C of this code (public nuisances). Any person in violation may be subject to administrative penalties, citations, civil action, or other legal remedies.

2. Responsibility: The property owner and the UCB operator (operator) have joint and several liability for public nuisance conditions and compliance with this section, including fees, administrative citations, civil actions, and/or legal remedies relating to a UCB. The property owner remains liable for any violation of duties imposed by this section even if the property owner has, by agreement, imposed on the operator the duty of complying with the provisions of this section.

3. Definitions: The following definitions apply only to this section.

B. Permit Requirement and Process:

1. Permit Required For UCBs: Except for UCBs described in subsection B.1.b., "Enclosed Or Accessory To The Principal Activity", of this section, it is unlawful to place, operate, maintain, or allow a UCB on any property unless the parcel owner, agent, or operator first obtains a UCB permit from the city.

a. Second UCBs: A separate UCB permit is required for each UCB unless a second UCB is required for overflow items per subsection C.1.k., "One UCB Per Parcel", of this section, in which case the permit for the first UCB can include the second UCB on a parcel.

b. Enclosed or Accessory to The Principal Activity: UCBs that are either enclosed within a main building or are accessory to a principal activity on a property owned or leased by the operator would not require a UCB permit. However, UCBs that are accessory to a principal activity on a property owned or leased by the operator must meet all other requirements of this section, except the requirements contained in subsections C.1.a. through C.1.c. of this section (location requirements).

c. Applicant and Transferring Applications: The UCB permit applicant must include the UCB operator and the permit may not be transferred to another person or entity.

• d. Decisionmaker: Decisions regarding UCB permit applications will be made by the Director.

2. Application Requirements: The UCB permit application must be made on a form provided by the Community Development Department. All applications must be filed with the Community Development Department and include:

a. A signed agreement stating that the property owner and operator must abide by all the processes and requirements described in this section;

• b. A non-refundable application fee in an amount set by city council resolution;

c. A signed affidavit, under penalty of perjury, stating whether the UCB existed at the proposed location prior to the effective date of ordinance number 17-1026;

• d. Signed authorization from the property owner allowing placement of the UCB;

• e. Signed acknowledgement of responsibility from the property owner and the operator for joint and several liability for violations of conditions or regulations, and public nuisances relating to the UCB;

f. Proof of general liability insurance of at least one million dollars ($1,000,000) covering the applicant's UCB and naming the City of Temple City as an additional insured;

• g. Proof of an active business license with the City of Temple City, unless the property owner or operator is exempt from business licensing requirements;

• h. Name, address, email, website, and telephone number of the UCB operator and property owner, including twenty-four (24)-hour contact information;

• i. Vicinity map showing:

• (1) The proposed location;

• (2) The distance between the site and all existing UCBs within one thousand feet (1,000') of the proposed UCB location;

• (3) Photographs of the location and adjacent properties;

• j. Site plan containing the following:

• (1) Location and dimensions of all parcel boundaries;

• (2) Location of all buildings;

• (3) Proposed UCB location;

• (4) Distance between the proposed UCB and parcel lines buildings; and

• (5) Location and dimension of all existing and proposed driveways, garages, carports, parking spaces, maneuvering aisles, pavement, and striping/marking;

• k. Description and diagram of the proposed locking mechanism;

• l. Maintenance plan (including graffiti removal, pick-up schedule, and litter and trash removal on and around the UCB) that is enough to prevent public nuisance conditions from remaining nearby the UCB; and

• m. Any other reasonable information regarding time, place, and manner of operation, placement, or maintenance that the director requires to evaluate the proposal consistent with the requirements of this section.

3. UCB Permit Expiration and Renewal: Unless renewed as described below, each UCB permit will expire annually on the anniversary of its date of issuance.

a. Renewal Permit Application Timing: A UCB operator may apply for permit renewal by submitting to the community development department at least thirty (30) days prior to the expiration of the active UCB permit. Late submittals may be processed as new applications.

b. Contents of Renewal Permit Application: The UCB permit renewal application must be made on a form provided by the community development department. All applications must be filed with the community development department and include the items listed in subsections B.2.a. through B.2.m. of this section.

c. Timing of Review: The Director will either approve or deny the renewal of a UCB permit within thirty (30) days of receipt of the complete renewal application and payment of the renewal fee. The failure of the community development department to act within this timeframe will constitute approval of the UCB permit renewal.

d. Findings for Review: The director will approve the renewal of a UCB permit if the director finds that no circumstances existed during the term of the UCB permit, or existed at any time during the review of the application for renewal, that are inconsistent with any criteria required for approval of a new UCB permit as specified in subsection B.4., "Findings For Approval And Renewal", of this section or that would justify the revocation of the UCB permit as specified in subsection D, "Revocation Of Permit", of this section.

e. Removal If Permit Expires or Is Not Renewed: If the permit expires and is not renewed, the collection box must be removed from the real property within fifteen (15) days after expiration of the permit.

4. Findings for Approval and Renewal: The director may not issue a UCB permit or renewal unless each of the following is true:

a. The applicant has submitted a complete and accurate application accompanied by the applicable fee;

• b. There are no open citations, unpaid fines or unresolved violations or complaints related to any UCB managed by the proposed operator;

• c. All existing unpermitted UCBs that are managed by the proposed operator have been removed or the director at his discretion may allow an unpermitted UCB to remain during the permit process if it otherwise complies with the requirements of this section;

• d. Any verified public nuisance on the subject property has been abated and any case of a complaint to the city regarding nuisance conditions on the subject property has been closed; and

• e. The proposal is consistent with all the requirements of this section.

• f. For renewals, the site does not have a history of being an attractive nuisance even if incidents of nuisances

were abated. For this subsection, "history of attractive nuisance" means three (3) verified nuisance complaints in the previous twelve (12) months.

5. Time Limit for Final Decision: The director will provide a written decision regarding the placement of a UCB within sixty (60) days of the submission of a complete application for a UCB permit.

• C. Standards and Requirements:

1. Location Requirements:

• a. Allowed Zones: UCBs are only allowed in the following zones, subject to the requirements of this section:

• (1) LTC;

• (2) NC;

• (3) CSP;

• (4) I;

• (5) MU-L; and

• (6) MU-M.

• b. Buffering from Residences: No UCB may be located within fifty feet (50') of a residential dwelling unit, as measured from nearest point of the dwelling unit to the UCB.

• c. Separation: No UCB may be located within five hundred feet (500') of another UCB, as measured from the

property lines of the properties on which the UCBs are located, except for those UCBs exempted by subsection B.1.a.,

• "Second UCBs", of this section.

• d. Dwelling Units: No UCB may be allowed on a lot with a residential dwelling unit.

• e. Vacant Lots: No UCB may be allowed on a lot without a main building.

• f. Occupied Structure: A UCB is only permitted on a lot that also contains a main building that contains at least one (1) legal operating business or other ongoing activity, not including a commercial parking lot.

• g. Prohibited Locations: UCBs are prohibited:

• (1) In the public right-of-way and within twenty feet (20') of the public right-of-way;

• (2) Five feet (5') from any property line; and

• (3) In a landscaped area.

• h. No Blocking: UCBs cannot block or impede access to:

• (1) Required parking or driveways;

• (2) Pedestrian routes;

• (3) Emergency vehicle routes;

• (4) Building entries or exits;

• (5) Required handicapped accessibility routes;

• (6) Easements;

• (7) Trash enclosure areas or access to trash bins/trash enclosures; and

• (8) Fire lanes.

i. Impeding Functions: UCBs cannot impede the functioning of exhaust, ventilation, or fire extinguishing systems.

j. View Obstructions: UCBs cannot interfere with an access drive, off-street parking lot maneuvering lane, or required off-street parking space to an extent which would cause safety hazards or unnecessary inconvenience to vehicular or pedestrian traffic.

k. One UCB Per Parcel: No more than one (1) UCB is permitted per parcel unless documented evidence is submitted to the director that a second UCB is required due to the volume of items delivered to the site. A UCB must be operating at a site for at least ninety (90) days to establish that a second UCB is required. Both UCBs must have the same operator. No fee is required to apply for this second UCB.

• l. Visibility: The collection area must be visible from an entrance, exit, or window of the main building.

• m. Lighting: The collection area must be no more than ten feet (10') from a continually operating light source of at least one (1) foot-candle.

2. Physical Attributes: UCBs must:

• a. Be fabricated of durable waterproof and rustproof material;

• b. Be locked so that the contents cannot be accessed by anyone other than those responsible for the retrieval of the contents;

c. Be equipped with a safety chute to limit the public's access to the box;

• d. Be placed on ground that is paved with durable paving;

• e. Not be more than seven feet (7') high, six feet (6') wide and six feet (6') deep;

• f. Not be electrically or hydraulically powered or otherwise mechanized;

• g. Not be a fixture of the site or considered an improvement to real property; and

• h. Have the following information conspicuously displayed on at least two-inch (2") type visible from the front on the UCB:

(1) The name, address, twenty-four (24)-hour telephone number, website, and email address of the owner, operator of the UCB, and agent;

• (2) Address of the site;

• (3) Instructions on the process to register a complaint regarding the UCB to the city;

• (4) The type of material that may be deposited;

• (5) A notice stating that no material may be left outside the UCB;

• (6) The pickup schedule for the UCB; and

• (7) A city-approved identification system that identifies the box as being properly permitted by the city.

3. Maintenance:

a. Nuisances: No public nuisance may be within twenty feet (20') of the UCB including, but not limited to collection overflow, litter, debris, and dumped material.

b. Maintenance Requirements: UCBs must be maintained and in good working order. Items to be repaired, removed, and/or abated include, but are not limited to graffiti, removed, or damaged signs and notifications, peeling paint, rust, and broken collection operating mechanisms.

c. Servicing Schedule: UCBs must be serviced not less than weekly between 7:00 a.m. and 7:00 p.m. on

weekdays and 10:00 a.m. and 6:00 p.m. on weekends. This servicing includes the removal of collected material and

abatement of the public nuisance described in this section. The director may require additional servicing, if evidence is provided that items to be collected exceed the UCBs capacity or if items to be collected are being left outside the UCB.

d. E-Mail and Telephone Contact: The operator must maintain an active email address and a twenty-four (24)hour telephone service with recording capability for the public to register complaints.

e. No Solid or Hazardous Waste: UCBs cannot be used for the collection of solid waste and/or any hazardous materials.

4. Liability: Applicants and/or owner/owner's agent must maintain a minimum general liability insurance of 1,000,000 dollars for the duration of the operation of a UCB at each site, to cover any claims or losses due to the placement, operation, or maintenance of the UCB and naming the City of Temple City as additional insured. D. Revocation of Permit:

5. Revocation: The director may revoke a UCB permit under any of the grounds specified in failure to comply with the provisions of this section, the provisions of this code, or any other law.

6. Notice of Revocation: The director will provide a written notification to the permittee and property owner stating the specific grounds for a revocation and a demand for correction and abatement. The notice will allow the permittee up to fifteen (15) days from mailing of the notice to correct or abate the violation. Upon failure to make the correction or abatement, the director will revoke the permit. Afterwards, the permittee will not be eligible for a permit at any location for one (1) calendar year.

7. Removal of Revoked UCB: Upon revocation, or if appealed, after any appeal as set forth in subsection F, "Appeal to The Planning Commission", of this section, the collection box will be removed from the real property within fifteen (15) days by the permittee. If the UCB is not removed within fifteen (15) days, the city may remove, store or dispose of the UCB at the expense of the permittee or property owner. The property owner will be responsible for all costs associated with the removal of the UCB incurred by the city. Costs may be pursued by the city pursuant to Title 4, Chapter 2, Article C of this Code.

8. Violation of Other Laws: A permit for a UCB may be revoked if any governmental authority or agency determines that the UCB has violated the California Consumer Protection Act and/or the Charitable Organizations and Solicitations Act.

• E. Procedure for Removal:

1. Content of Removal Sign: Any UCB scheduled to be removed by either order of the city or the operator must clearly display a notice on the UCB with at least four-inch (4") type visible from the front on the UCB that states the following text in capital letters: "THIS BOX WILL BE REMOVED BY" followed by the date the UCB is scheduled for removal. The operator and property owners are jointly and severally responsible for the placement of the notice.

2. Public Right-Of-Way: Unpermitted UCBs in the public right-of-way may be removed without prior notice to the owner. The city must notify the owner within one (1) business day after removing the UCB and must store the item for fourteen (14) calendar days after notice is given. If no communication is received by the owner of the UCB within fourteen (14) calendar days of receiving notice the city may dispose of the UCB. The owner of the UCB must be given fourteen (14) days to retrieve the UCB.

F. Appeal to The Planning Commission: Any person aggrieved by the decision rendered by the Director in granting, denying, or revoking any application for a permit under this section may appeal the decision to the planning commission according to the requirements of Article C of this Chapter. (Ord. 17-1026; amd. Ord. 19-1036)

A. Development and Operating Standards: All reverse vending machines and collection facilities must comply with the following specific standards:

1. Reverse Vending Machines: Reverse vending machines located on a commercial site do not require additional parking spaces for customers, and are permitted in all commercial and manufacturing districts, subject to zoning clearance, pursuant to article 9-1C of this, and compliance with the following standards.

• a. Accessory Use Only: The reverse vending machines may only be installed as an accessory use.

b. Indoor Locations: If located inside a structure, the reverse vending machines must be within thirty feet (30') of the entrance and may not obstruct pedestrian circulation.

• c. Maximum Size: The reverse vending machines may not occupy more than fifty (50) square feet, including any protective enclosure, and may not be more than eight feet (8') in height. A reverse vending machine or collection of reverse vending machines greater than fifty (50) square feet is considered a collection facility.

• d. Signs: The reverse vending machines may only have a maximum sign area of four (4)-square feet per machine, exclusive of operating instructions.

e. Lighting: The reverse vending machines must be illuminated to ensure comfortable and safe operation for any operating hours between dusk and dawn.

• f. Materials: If located outside a structure, the reverse vending machines must be constructed of durable waterproof and rustproof material.

• g. Hours of Operation: The reverse vending machines may only have operating hours within the operating hours of the main use.

• h. Prohibited Locations: Reverse vending machines are prohibited within any of the following locations:

• (1) Public right-of-way and within twenty feet (20') of the public right-of-way;

• (2) Five feet (5') from any property line; and

• (3) Landscaping.

2. Collection Facilities: Collection facilities are permitted within all commercial and manufacturing zones, subject

to conditional use permit approval and compliance with the following standards.

• a. Location Requirements: Collection facilities:

• (1) Must be set back at least forty-five feet (45') from any public right-of-way, and not obstruct pedestrian or vehicular circulation and

• (2) Must permanently locate any containers provided for after-hours collection of recyclable materials at least thirty feet (30') from any property zoned or occupied for residential use.

b. Maximum Size: Collection facilities may not be larger than five hundred (500) square feet and may not occupy more than three (3) parking spaces, except for spaces that will be periodically needed for removal of materials or exchange of containers.

c. Appearance of Facility: Collection facilities, site fencing, and signs must be of a color and design compatible with the surrounding uses and neighborhood.

• d. Landscaping and Screening: The collection facility:

• (1) May not reduce or eliminate any required landscaping;

• (2) Must be screened from view from adjacent public rights-of-way using fences, landscape, or other approved materials; and

• (3) Must be subject to additional landscaping and screening as determined through conditional use permit.

• e. Parking Requirements:

• (1) No additional parking space is required for customers of a collection facility located in the established parking lot of the main use.

• (2) Mobile or portable collection facilities must have an area clearly marked to prohibit other vehicular parking during hours when the mobile collection facility is scheduled to be present.

(3) Use of parking spaces by the facility and by the employee may not reduce available parking spaces below the minimum number required for the main use unless a parking study shows that existing capacity is not fully utilized during the time the collection facility will be on the site.

• f. Signs: Signs may be provided as follows:

(1) Collection facilities may have identification signs with a maximum area of fifteen percent (15%) or twelve (12) square feet per side of the structure whichever is greater. In the case of a wheeled facility, the side will be measured from the ground to the top of the container;

(2) The sign must contain the hours of operation, redemption values, and the name of the operator or property owner; and

g. Operating Standards: Collection facilities:

(1) May not accept household hazardous waste, electronic waste, or other products that may cause a risk to the health and safety of the community;

(2) May not use any power-driven processing equipment except for reverse vending machines;

(3) Must use containers that are constructed with durable waterproof and rustproof material, that are covered when the site is not attended, secured from unauthorized removal of material, and of a capacity enough to accommodate materials collected and the collection schedule;

(4) Must store all materials in containers or in the mobile unit vehicle, and may not leave materials outside of containers when attendant is not present; and

(5) Mobile facilities, at which trucks or containers are removed at the end of each collection day, must be swept at the end of each collection day.

h. Hours of Operation: Attended facilities located within one hundred feet (100') of a property zoned or occupied by a residential use may only operate between the hours of 9:00 a.m. and 7:00 p.m.

i. Trash Enclosure: The collection facility must either use the trash dumpster for the primary use or construct an adjacent fully enclosed trash enclosure, with a six-foot (6') concrete block wall and a metal gate, surrounded with a minimum of three feet (3') of automatically irrigated landscaping.

3. General Standards: All reverse vending machines and collection facilities must comply with the following standards:

a. Signs: Recycling and collection facilities may be provided identification and informational signs, as follows, provided that all signs meet the standards of the applicable zoning district.

(1) All collection facilities and reverse vending machines must be clearly marked to identify the type of material which may be deposited, and display a notice stating that no material can be left outside the enclosure or machine; and

(2) The recycling and collection facility must be clearly marked to identify the name and telephone number of the operator and the hours of operation.

(3) Directional signs bearing no advertising message, may be installed with prior approval of the director if found necessary to facilitate traffic circulation or if the collection facility is not visible from the public right-of-way.

b. Refuse Disposal: Sites with reverse vending machines and collection facilities must maintain adequate on-site refuse containers for the disposal of non-recyclable, non-hazardous waste. Trash cans must be placed adjacent to facilities and be emptied periodically so as not to create litter in the adjacent area.

c. Maintenance and Cleanliness: The site must be maintained clean, sanitary, and free of litter, waste materials, and loose debris. Temporarily stored materials must be moved to an approved processing site as soon as practical. d. Locations:

(1) Dwelling Units: No reverse vending machine or collection facility may be allowed on a lot with a residential dwelling unit.

(2) Vacant Lots: No reverse vending machine or collection facility may be allowed on a lot without a main building.

(3) Occupied Structure: A reverse vending machine or collection facility is only permitted on a lot that also contains a main building that contains at least one (1) operating business or other ongoing activity, not including a

commercial parking lot.

(4) Required Parking: No reverse vending machine or collection facility may be in required parking spaces or a driveway.

(5) No Blocking: Reverse vending machines and collection facilities, including patrons of the facilities, cannot block or impede access to: required parking or driveways; pedestrian routes; emergency vehicle routes; building entries or exits; required handicapped accessibility routes; easements; trash enclosure areas or access to trash bins/trash enclosures; and fire lanes.

(6) Near Residences: No reverse vending machine or collection facility may be within fifty feet (50') of a residential structure. (Ord. 19-1036)

A. Development and Operating Standards: A home occupation license may be issued to an occupant of a dwelling unit, located in any R Zone, provided the home occupation meets the following:

1. There is no display or outdoor storage of goods, wares, merchandise, or stock in trade maintained on the premises; and

2. There shall be no items sold on-site, and

B. There is not more than one (1) person regularly employed in such occupation; and only a resident of the dwelling unit shall be employed in the operation of a home occupation use. No volunteers, interns or independent contractors shall be part of a home occupation permit.

C. There is no equipment used in conjunction with such occupation, which emits dust, fumes, noise, odor, etc., which would or could interfere with the peaceful use and enjoyment of adjacent properties; and

D. There is not more than two hundred (200) square feet of the floor space of the dwelling devoted to such use; and

E. There is no appreciable increase of traffic, pedestrian and vehicular, by reason of such occupation, calling or profession; and

F. There is no alteration of the structure or loss of any required parking; and

G. There is no use of any sign not otherwise permitted in the zone in which the occupation is located; no signage whatsoever shall be permitted in conjunction with the home occupation. Evidence of a violation of this prohibition against home occupation related signage shall be grounds for revocation or suspension of all applicable permits. H. Violation: Any code violation or any failure to comply with the above regulations will be grounds for revocation of the home occupation license in accordance with section 5-1B-16 of this code.

I. Prohibited Uses: The following uses will be prohibited as home occupations: firearms and ammunition, massage, automotive repair shops, automotive body shops, pet grooming shops, kennels, bee keeping, raising animals for commercial purposes, or other uses deemed to be hazardous or undesirable by the Community Development Director. J. Music Lessons: Music lessons including piano, woodwind, string, and headphone-based musical instruments are permitted if there is not more than one unrelated student present at a time, lessons occur after eight o'clock (8:00) A.M. and before eight o'clock (8:00) P.M., and lessons do not occur on Sundays or Federal Holidays. Unless headphone-based, saxophone, brass and percussion instruments are not allowed. (Ord. 19-1036; amd. Ord. 23-1069)

A. Development and Operating Standards. Animals may be kept in any residential unit provided the keeping of animals complies with the development and operating standards of this section and Title 3, Chapter 6 of this code. 1. Household Pets. The maximum number of household pets over four (4) months of age shall not exceed the limitations set forth below:

a. If there is only one (1) residential dwelling unit on said lot, then the limitation shall be three (3) such household pets; and

• b. If there are two (2) residential units on said lot, then the limitation shall be two (2) household pets per unit; and

• c. If there are three (3) or more such units on said lot, then the limitation shall be one (1) household pet per unit.

2. Not more than two (2) rabbits or hens or ducks over four (4) months of age per two thousand (2,000) square feet of lot area; and,

• a. No turkeys or other livestock or fowl.

• b. Animals may not be sold commercially.

• c. No on-site slaughtering of animals.

• d. Hen enclosures must be:

• (1) At least five feet (5') from a property line.

• (2) Any walls or fences within ten feet (10') of a property line must be solid.

• e. Aviaries for pigeons, song or decorative birds, provided the following conditions are met:

• (1) Not more than twelve (12) adult birds are so maintained; and

(2) The purpose of the maintenance of such aviary is primarily for hobby purposes and not for commercial exploitation; and

(3) The structures housing such aviaries shall not be located within ten feet (10') of any side or rear lot line upon the lot where located, unless separated from adjoining property by a solid wall or fence at least one inch (1") thick; nor shall the same be located in front of any residential structure; nor within thirty five feet (35') of any main building; nor shall the same be higher than any yard wall located within ten feet (10') thereof; and

(4) Any person may apply to the city council for a special permit for aviaries containing more than twelve (12) birds, provided that such applicant pays a fee for inspections in the amount set by the city council by separate motion, and provided further that the applicant may show to the satisfaction of the city council that such aviary will be maintained without damage or nuisance to neighboring properties; and

(5) All existing nonconforming structures erected for the housing of birds shall comply with new regulations and standards on or before January 1, 1971.

3. Nothing contained in this section shall prevent the keeping of animals or fowl by a tax supported eleemosynary or public educational institution, which are utilized as a part of such institution's curriculum; and

4. No person shall allow or permit animals to run at large upon any public street or place, or to trespass upon the property of another.

5. No person shall keep upon any premises, any animals, poultry or household pets in a foul, offensive, obnoxious, filthy or unsanitary condition.

6. No person, firm or corporation shall keep bees within the corporate limits.

7. No person may keep more than one (1) pygmy pig or hog, commonly referred to as a Vietnamese pot-bellied pig, pygmy pig, or mini-pig, that stands no higher than twenty inches (20") at the shoulder and is no longer than forty inches (40") from the tip of the head to the end of the buttocks, and weighs no more than one hundred twenty (120) pounds.

a. The owner or custodian of a pygmy pig must provide written confirmation to the city from a licensed veterinarian that the pig has been neutered or spayed; and

• b. The breeding of pygmy pigs is prohibited.

8. Violation: Violation of this section is a public nuisance and subject to enforcement in accordance with applicable law. (Ord. 19-1036)

A. Definition:

B. Sidewalk Café Permitted: A sidewalk café is a permitted accessory use and will be administratively reviewed in accordance with the criteria set forth herein. The director may impose any other additional conditions as deemed necessary and appropriate; any action of the direction is subject to appeal to the planning commission.

C. Limitation and Requirements: A sidewalk café may be permitted only in zoning districts which allow indoor restaurants and then only if the sidewalk café is situated adjacent, as specified below, to an indoor restaurant and the sidewalk café's operation is incidental to and a part of the operation of the adjacent indoor restaurant.

1. Existing indoor restaurants must conform to all section of the Code to be eligible for approval of sidewalk services.

2. A sidewalk café may be located on the public sidewalk immediately adjacent to and abutting the indoor restaurant which operate the café, provided the area in which the sidewalk café is located extend no further along the sidewalk's length than the actual sidewalk frontage of the operating indoor restaurant and all other applicable provisions of the this section are fulfilled.

3. A sidewalk café may be located on an area of the public sidewalk which is not immediately adjacent to and abutting the indoor restaurant which operates the café, provided all applicable provisions of this section are fulfilled and provided that the majority of the area in which the sidewalk café will be located is situated on the public sidewalk directly in front of the indoor restaurant which operates the café. That area of the public sidewalk which would be enclosed by a perpendicular projection of the indoor restaurant's sidewalk frontage over the sidewalk, will be considered as being "directly in front of the indoor restaurant" for the purpose of this subsection.

4. An indoor restaurant may be permitted to operate only one (1) sidewalk café and each sidewalk café must be confined to a single location on the sidewalk.

5. A sidewalk café may be permitted only where the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed café. There must be a minimum forty-eight inch (48") clear distance free of all obstructions, in order to allow adequate pedestrian movement. Any sidewalk café must be established and operated to be consistent with ADA standards and criteria.

6. All outdoor dining furniture, including tables, chairs, umbrellas, and planters, must be movable. Umbrellas must be secured with a minimum base of not less than sixty (60) pounds. Outdoor heaters, amplified music, or speakers must be reviewed at the time of application.

7. No signs are be allowed at any outdoor café.

8. A sidewalk café may serve only food and beverages prepared or stocked for sale at the adjoining indoor restaurant; provided that the service of beer or wine, or both, solely for on-premises consumption by customers within the area of the sidewalk café has been authorized as part of the application review. Each of the following requirements must also be met:

a. The area in which the sidewalk café is authorized is identified in a manner which will clearly separate and delineate it from the areas of the sidewalk, which will remain open to pedestrian traffic.

9. The sidewalk café operation is duly licensed, or prior to the service of any beer or wine at the café, will be duly licensed, by state authorities to sell beer or wine, or both, for consumption within the area of the sidewalk café.

10. The outdoor preparation of food and busing facilities are prohibited at sidewalk cafes.

11. All exterior surfaces within the café must be easily cleanable and must always be kept clean by the permittee.

12. Restrooms for the café must be provided in the adjoining indoor restaurant and the café seating must be counted in determining the restroom requirements of the indoor restaurant.

13. Trash and refuse storage for the sidewalk café must not be permitted within the outdoor dining area or on adjacent sidewalk areas and the permittee must remove all trash and litter as it accumulates. The permittee is be responsible for maintaining the outdoor dining area, including the sidewalk surface and furniture and adjacent areas in a clean and safe condition.

14. Hours of operation must be identical to those of the indoor restaurant. All furniture used in the operation of an outdoor café must be removed from the sidewalk and stored indoors whenever the indoor restaurant is closed.

15. The city has the right to prohibit the operation of a sidewalk café at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, parades, repairs to the street or sidewalk, or emergencies occurring in the area. To the extent possible, the permittee will be given prior written notice of any time period during which the operation of the sidewalk café will be prohibited by the city.

16. The sidewalk café will not require the provision of additional off-street parking.

D. Findings and Conditions: In connection with approval, the community development director may impose such conditions as deemed necessary to assure the appropriate operation of the business and assure that the public safety and welfare are protected.

E. Terms and Renewal: Any approved sidewalk café may be subject to review based upon neighborhood complaints, unlawful assembly, excessive noise, or other similar public nuisances. The director may impose additional conditions as deemed necessary to address identified problems associated with the use. Any action taken by the director may be appealed to the planning commission. The planning commission has the authority to revoke authorization for any sidewalk café. Any action of the planning commission may be appealed to the city council.

F. Revocation: Approval for the sidewalk café and/or the business license for the restaurant use may be revoked following notice to the permittee and a public hearing, upon a finding that one or more conditions of the permit or of this section have been violated or that the sidewalk café is being operated in a manner which constitutes a nuisance, or that the operation of the sidewalk café unduly impedes or restricts the movement of pedestrians past the sidewalk café. (Ord. 19-1036)

All grocery stores established after the effective date of this section must abide by the following standards to be classified as “Retail sales, under 10,000 square feet.”

• A. Existing loading docks must comply with the requirements of Section 9-1E-6 to the extent physically feasible.

• B. Alcohol sales areas must be no more than 15 percent of the interior square footage of the market.

• C. Fresh food (not canned, dried, or frozen) must be at least 20 percent of the interior square footage of the market.

• D. Accessory uses including fast casual or fast food, banks, pharmacies, and other similar uses (excluding public

food markets) determined by the Community Development Director are permitted. The total floor area of accessory uses must not exceed 10 percent of the interior building area.

E. A security plan must be reviewed and approved by the Community Development Director and continually

instituted if calls for service to the Los Angeles County Sheriff’s Department exceeds the City average for a grocery store.

F. Exterior windows without tinting must be provided on at least 25 percent of the front elevation of building’s main entrance facade.

G. All electronic kiosks, unattended collection boxes, vending machines, online retailer lockers, and such must be located indoors.

• H. Items displayed outdoors must be displayed using high quality materials such as finished wood, and not pallets, cardboard, or plastic crates and boxes.

• I. Items for sale indoors must not be stored or displayed in or on cardboard boxes, plastic crates and boxes, metal crates, pallets, wire shelves, or bakery shelves.

• J. The Community Development Director may restrict loading dock utilization if complaints to code enforcement or the Los Angeles County Sheriff’s Department exceed the City average for a grocery store.

• K. Fluorescent or LED light tubes shall be shielded from view.

• L. Aquariums and the like must be maintained in good condition. This includes free of algae and debris. Glass must be kept clean.

M. The grocery store must provide high quality video cameras inside and outside of each entrance and make such videos available to the Los Angeles County Sheriff’s Department when requested. Videos must be kept for 15 days. (Ord. 1055, 6-1-2021)

All public food markets must abide by the following.

• A. Findings for Approval: The Planning Commission may not approve a conditional use permit unless the Planning Commission finds:

1. The proposed public food market will include high-quality improvements and materials.

2. The proposed public food market will be managed by an entity or person with experience overseeing a successful public food market or similar use.

B. The applicant must submit for the Planning Commission’s review and approval a plan for the mix of tenants and operation. The plan must focus the public food market’s vendors on food and food related products (cookbooks, cooking materials, and ingredients) or homemade products and crafts. The following guidelines should be used as guidelines for such a plan.

1. No more than 33 percent of the floor area of the market can be leased to vendors selling food intended to be consumed onsite.

2. No more than 10 percent of the floor area of the market can be leased to vendors selling general merchandise.

C. An applicant for a public food market must submit and implement an interior design program written by a licensed architect which requires quality materials, regulates how to display products, and sets requirements for keeping spaces clean and well maintained. The program must include requirements related to counter height, demising partitions, merchandising, display, lighting, material, storage, and signs.

• D. Stalls must be designed with a rear entrance to provide access and storage.

• E. Stalls selling prepared foods for onsite consumption may provide seating at a bar.

• F. A communal seating area for patrons to eat foods cooked onsite may be included. If so, one larger seating area

must be provided; smaller seating areas spread throughout the market may be provided in addition to the larger seating area.

• G. Alcohol sales must be limited to one tenant per 30,000 square feet and limited to rare, high quality, small-batch, or

“craft” brews. Single-serve alcohol must not be sold for offsite consumption. Containers of alcohol less than 8 ounces must not be sold for offsite consumption.

H. Cigarettes, other tobacco products, other tobacco related products, vaping products and products containing

psycho-tropic cannabis related products must not be sold. Tenants selling non-psycho-tropic CBD products are limited to one per 30,000 square feet.

• I. Non-food vendors must be in non-prominent areas such as along rear walls or in spaces furthest from the entrance.

• J. The market must have its own entrance from the building’s main façade.

• K. Flower or seasonal sales stalls must be provided on at least one side of the building’s main entrance unless the market is along a city-owned sidewalk where outdoor sales is prohibited. In such cases, setting the building back to provide seasonal outdoor sales is encouraged.

• L. In cases where the required parking is not city-owned, the required parking for the market may be used as an

• exterior “Market Square” once a week if permitted by or subject to conditions of the business’s conditional use permit or a separate temporary use permit.

• M. Indoor and outdoor displays must be attractive and orderly. Cardboard boxes, plastic crates, wire shelves, wood pallets and other low-quality storage is not allowed.

• N. Besides cooked or prepared foods, the vendors must not sell food or products that release obnoxious odors. Areas for fish vendors and greengrocers must be maintained to eliminate odor.

• O. The business will be inspected quarterly and pay the Community Preservation inspection fee as defined in the City’s Fee and Fine Schedule. (Ord. 21-1056, 5-4-2021)

A. Urban Dwellings: The following requirements apply to urban dwellings in accordance with Section 65852.21 of the Government Code:

1. Applicability:

• a. R-1 Zoning: Any proposed urban dwelling must be located within the R-1, single-family zone.

b. Historic Designation: Any proposed urban dwelling must not be located within a historic district or property included on the State Historic Resources Inventory (see Section 5020.1 of the Public Resources Code), or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

c. Demolition and Alteration: A proposed urban dwelling must not require demolition or alteration of any of the following types of housing:

• (1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

• (2) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

• (3) Housing that has been occupied by a tenant in the last three years.

d. Limit on Demolition: A proposed urban dwelling must not demolish more than 25 percent of the existing exterior structural walls. This does not apply if the housing development has not been occupied by a tenant in the last three years.

e. Other Instances:

• (1) A proposed urban dwelling must not be on a parcel located in the areas specified in subparagraphs (B) to

• (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.

• (2) A proposed urban dwelling must not be on a parcel on which an owner of residential real property has

exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to

withdraw accommodations from rent or lease within 15 years before the date that the development proponent applies.

2. Ministerial Review: Proposals for urban dwellings will be reviewed ministerially, without discretionary review or a hearing, through the zoning clearance process.

3. Short Term Rentals Prohibited: The rental of any urban dwelling must be for a term longer than 30 days.

4. Objective Zoning Standards:

a. R-1 Standards: The standards within Section 9-1G-12 (R-1 Zone District Residential Development Standards) apply to proposals for urban dwellings. In the case of conflict between this Section and any other section of Chapter 9- 1 (Zoning Code), the provisions of 9-1T-21 will apply.

b. Number of Units: The parcel for the proposed urban dwelling must contain no more than two units. Existing and proposed ADUs and JADUs will be counted toward the maximum number of units. An urban dwelling development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. On a site where no lot split is proposed, the maximum number of units must not exceed two (2) urban dwellings and two (2) ADUs or two (2) urban dwellings and two (2) Junior ADUs.

counted toward the maximum number of units. An urban dwelling development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. On a site where no lot split is proposed, the maximum number of units must not exceed two (2) urban dwellings and two (2) ADUs or two (2) urban dwellings and two (2) Junior ADUs.

d. Minimum Size: The minimum size of an urban dwelling is 500 square feet.

e. Setbacks:

(1) Existing Structures: No setback is required for an existing, permitted structure or a structure constructed in the same location and to the same dimensions as an existing, permitted structure.

(2) New Structures and Additions: The minimum setback from the side and rear property line is four feet. f. Height:

(1) New Structures: An urban dwelling must not be more than one-story. The maximum height must not exceed 18 feet. The distance from the ceiling to the finished floor must not exceed eight feet. Vaulted ceilings are not permitted.

(2) Additions: An urban dwelling can be added to a site with an existing two-story structure. In such instances the entirety of the addition must meet the requirement of subsection “1" above.

(3) Conversions: In cases where an urban dwelling is being added by subdividing an existing structure, the height requirements of subsection “1” above do not apply.

(4) Exceptions: Projects that are exempt from the one-story height limit due to the 800-square foot exemption must not exceed 25 feet in height with a maximum top plate height of 18 feet. If a third floor is necessary to meet the 800-square foot requirement the third floor must be completely subterranean; the ceiling must be below the natural grade.

g. Floor Area Ratio: The floor area ratio incentive bonuses found in 9-1G-15 do not apply to urban dwellings. h. Second Floor Stepbacks: Projects that are exempt from the one-story height limit due to the 800-square foot exemption, must stepback the second and third floor four feet from the ground floor. This rule applies to only to the side yard, rear yard, and street side yard elevations.

i. Building Separation: The units or structures within an urban dwelling may be attached or detached. Detached structures must meet building code safety standards and are sufficient to allow separate conveyance.

j. Driveways and Parking: A proposed urban dwelling must not provide any onsite parking (including garages, carports, and parking on driveways). Any hardscape more than 8 feet in width and 18 feet in depth is not permitted on a site with an urban dwelling. Prior to issuance of a building permit the applicant must obtain an encroachment permit to remove an existing driveway. Prior to finalizing of building permits and granting of a certificate of occupancy the driveway apron in the public right of way must be removed and repaired.

veways). Any hardscape more than 8 feet in width and 18 feet in depth is not permitted on a site with an urban dwelling. Prior to issuance of a building permit the applicant must obtain an encroachment permit to remove an existing driveway. Prior to finalizing of building permits and granting of a certificate of occupancy the driveway apron in the public right of way must be removed and repaired.

k. Building Official Review: The City will deny a proposed urban dwelling if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The decision of the building official may be appealed to the Planning Commission in compliance with section 9-1C-5-G.

l. Affordability: Urban dwellings must be continuously maintained as “affordable” housing for a period of not less than 30 years from the date of first occupancy. Urban dwellings must be occupied by low or very low- income

households. (Low income is defined as 50 percent of the average median income for the Los Angeles/Long Beach Metropolitan Area). The maximum amount of rent, which may be charged, is 30 percent of the total household income or 30 percent of the income limit for low-income households, whichever is less. Every occupant of an urban dwelling must be qualified for eligibility based upon annual tax returns. Said restriction must be set forth in a recorded covenant or deed restriction. The property owner must provide documentation to the City on an annual basis relative to eligibility. The owner must agree to evict any tenant who does not meet the eligibility requirement. When the applicant lives onsite, they will be exempt from this requirement. The community development director is authorized to establish forms, policies, and procedures, to implement this affordability requirement.

m. Sub-Leasing: In accordance with Table 9-1G-2, only one bedroom within an urban dwelling can be rented.

n. Tree Preservation: In cases where an addition or new construction is being proposed to provide for urban dwelling, the property owner must not remove any mature trees onsite. A mature tree is defined as trees with a diameter-at-breast-height (DBH) of 19 inches or greater. A removal includes moving a tree or removing more than one-third of a tree’s vegetation. In addition to preservation of the tree, the owner must record a covenant showing the location of the mature tree, stating that all reasonable precautions have been made to preserve the tree, requiring all trimming of the tree to be overseen by a licensed arborist, prohibiting the tree from being topped, and that the City must approve of any removal of the tree. If removal of a tree is required to provide a minimum 800 square foot unit, the owner must meet the requirements of Section 9-1N-8 (Tree Replacement Requirements).

ll reasonable precautions have been made to preserve the tree, requiring all trimming of the tree to be overseen by a licensed arborist, prohibiting the tree from being topped, and that the City must approve of any removal of the tree. If removal of a tree is required to provide a minimum 800 square foot unit, the owner must meet the requirements of Section 9-1N-8 (Tree Replacement Requirements).

o. LEED Platinum Certification: Prior to the city releasing a certificate of occupancy, the property owner must demonstrate that the property has achieved LEED Platinum certification. This requirement does not apply to conversions of and additions to existing buildings.

• p. Disclosures: At the time of sale, a site with an urban dwelling must disclose to the seller:

• (1) The site is not eligible for overnight parking permits;

• (2) The site must not be used for short term rentals;

• (3) The property owner must provide all necessary information to the City, required in the annual housing element report; and

• (4) The site must be used for affordable housing per the recorded covenant.

5. Objective Design Standards for Additions: Additions or new structures added to sites where an existing structure will be retained must match the architectural style of the main dwelling including but not limited to the roof pitch, window size, proportion of window units to wall size, direction of window opening, muntin pattern, exterior building materials, lighting fixtures, and paint colors.

6. Objective Design Standards for New Construction: The following standards apply to all new construction, not additions:

a. Front Façade Articulation: Front elevations must include at least two of the following: porch, canopy, bay window, awning, chimney, or courtyard. The porch or courtyard must be at least five feet deep.

b. Entrances: The front entrance to all units must be either recessed or protrude a minimum of five feet from the front wall. The front recessed entry or porch area must be covered.

c. Side and Rear Articulation: No wall along a side-, rear-, or street side-yard may extend more than 24 feet without architectural articulation or an offset of at least 2 feet for not less than 8 feet. The eave of the roof must be articulated as well at the same proportion as the wall below. See the images, below. The first image does not meet this requirement, while the second image, does.

d. Quantity of Exterior Materials: All structures must have at least two exterior building wall materials including. The following exterior materials area allowed: stucco, wood, rock/stone, hand-painted tile, brick, or clinker brick. Window and door trim does not count as a second material.

• e. Use of stone: Manufactured stone must not be used in place of real stone.

• f. Use of brick: Brick veneer must be at least 1.75 inches in depth; half the depth of a standard brick.

• g. Quality Materials: Materials made from foam covered by stucco are not allowed.

• h. Exterior Materials: When used on the same elevation, wood and stucco must be placed above rock or brick.

• i. Two Colors: Buildings must include at least two colors; one for the main wall color and another for architectural trim pieces.

• j. Building Colors: Projects with detached structures must provide different color palettes for each structure.

• k. Exterior Stairwells: Exterior stairs leading from the ground floor to a second or third story are prohibited.

• l. Open Space: Urban dwellings must have minimum of 500 square feet of open space with a dimension of at least 10 feet. The open space must be directly accessible to the urban dwelling it serves. The front yard could not be counted as open space.

• m. Courtyards: Urban dwellings that are new construction, and not an addition, must include a main open space courtyard that meets the requirements of subsections 9-1G-22H and 9-1G-22I.

• n. Architectural Styles: Urban dwellings must either be Spanish Colonial Revival or Craftsman in style.

• o. Spanish Colonial Revival Design Elements: Urban dwellings designed in a Spanish Colonial Revival style must meet the following requirements:

(1) Spanish Colonial Revival Massing: The massing for a Spanish Colonial Revival house must be “L” shaped in nature with a gable or hip parallel to the street.

(2) Spanish Colonial Revival Window and Door Composition: Windows and doors must be placed asymmetrically. The buildings must reflect the following approved proportions.

(3) Spanish Colonial Revival Eave Detail: Second floor eaves must be at least 10 inches in depth. Any shallower eaves must be constructed of the building wall material or molded plaster. Eaves must meet the design requirements depicted below.

(4) Spanish Colonial Revival Porches: Porches must be designed as patios or loggias. The minimum depth must be 8 feet. The patio or loggia must be defined either plaster arches with plaster columns, of plaster arches with cast stone columns. Porch floors must be paved with stained concrete, terra cotta tile, or brick. Columns, posts, and arches must use the standard drawings, below.

(5) Spanish Colonial Revival Balconies: If balconies are included, they must project out from the structure. Balconies made of metal must be no more than two feet deep. Balconies deeper than two feet must be made of wood. Wood balconies must use the design below.

(6) Spanish Colonial Revival Windows: Windows must have a vertical or horizontal pane configuration. Windows surrounded by stucco must be recessed to create the illusion of thicker walls. Below is the required window recessing detail.

(7) Spanish Colonial Revival Doors: Doors must be made of stained or painted wood. Doors must be either a plank/board design or a panel door, recessed. Doors must be of one of the styles below.

(8) Spanish Colonial Revival Trim: When windows are recessed less than four inches a trim is required. Trim must be above and below the window.

(9) Spanish Colonial Revival Shutters: Shutters must be used on windows that are taller than they are wide, except for fixed picture windows. Shutters must be of one of the two designs. For windows more than two feet wide, two shutters must be provided. Each shutter must be half the width of the window. For windows more than two feet wide, or less, shutters are not required.

p. Craftsman Design Elements: Urban dwellings designed in a Craftsman style must meet the following requirements:

(1) Craftsman Massing: The massing for a Craftsman house must be “L” shaped in nature with a front facing gable roof containing any second story (if applicable). An in-line gabled porch or wing must be added to the front leg of the L to create an asymmetrical form. The roof pitch must be at or between 4:12 and 6:12.

(2) Craftsman Window and Door Composition: The buildings must reflect the following approved proportions. The placement of windows and doors must be asymmetrical. When more than one window is placed in an unarticulated section of an elevation, the windows must occur in pairs, or as sidelights to an oversized ground floor window. Entrance doors must have a width greater than 36 inches. This can be accomplished by adding side lites. Double doors are not permitted.

(3) Craftsman Materials: Wood or fiber cement board must be used. Additional accent materials are limited to river rock, brick, clinker brick, or a combination of these (clinker brick). The shingle or board exposure must range between three and six inches. When corner boards are used, they must have an exposure of four to six inches.

(4) Craftsman Eave Detail: Eaves must range in depth from 18 to 32 inches. Eaves must meet the design requirements depicted below.

(5) Craftsman Porches: The minimum depth of the porch on the front unit must be 8 feet. Eaves on the porch must be at least 1.5 to 2 feet in depth. Porches roofs must be one of the following - gable, hipped, or shed. Porch roofs must have a pitch between 3:12 to 4:12. Columns, posts, and arches must use the standard drawings, below.

(6) Craftsman Balconies: Balconies are not permitted.

(7) Craftsman Windows: Windows must not be taller than they are wide, unless the window is a picture window set between to smaller, vertical, casement or hung windows. Horizontal windows are allowed in bathrooms. All windows, except the aforementioned horizontal windows, must be casement or hung windows. All windows must have muntins unless the window has a dimension less than 2 feet. Window muntin pattern must be 2 over 1, 3 over 1, or 4 over 1. All windows must be recessed. Below is the required window recessing detail.

(8) Craftsman Doors: Doors must be made of stained or painted wood. Doors must be either a plank/board design or a panel door, recessed. Doors must have a glazed, top portion. Doors must be of one of the styles below.

(9) Bungalow Trim: All windows must have a trim around the top, bottom, and sides. All trim must match that shown in “Craftsman Windows”, above.

(10) Bungalow Shutters: When shutters are used, they must be half the width of the window.

7. Exceptions to Objective Standards: Any objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area must be set aside. Objective zoning standards will be set aside in the following order until the site can contain two, 800 square foot units.

a. Lot coverage

• b. Floor area ratio

• c. Tree Preservation

• d. Open space

• e. Courtyard

• f. Second floor step backs

• g. Front of the lot floor area ratio

• h. Articulation

i. Maximum number of stories. If waiving of all the above requirements do not provide for an 800 square foot unit, the building may exceed the maximum number of stories. After exceeding the maximum number of stories, the applicant must then replace the above objective standards in the opposite order until the unit size is reduced to 800 square feet.

B. Urban Lot Splits: The following requirements apply to urban lot splits in accordance with Government Code Section 66411.7:

1. Applicability:

a. R-1 Zoning: Any proposed urban lot split must be located within the R-1, single-family zone.

b. Historic Designation: Any proposed urban lot split must not be located within a historic district or property

included on the State Historic Resources Inventory, see Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

c. Demolition and Alteration: A proposed urban lot split must not require demolition or alteration of any of the following types of housing:

(1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

(2) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

(3) Housing that has been occupied by a tenant in the last three years.

d. Development of Adjacent Sites: Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section.

e. Other Instances:

(1) A proposed urban lot split must not be on a parcel that satisfies the requirements specified in subparagraphs

(B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.

(2) A proposed urban lot split must not be on a parcel on which an owner of residential real property has

exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent applies.

2. Ministerial Review: Proposals for urban lot splits will be reviewed ministerially, without discretionary review or a hearing per Section 66411.7 of the Government Code.

3. Comply with Subdivision Map Act: Urban lot splits must conform to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as expressly provided in this section.

4. Dedication and Off-Site Improvements: A dedication of rights-of-way or the construction of offsite improvements for the parcels being created cannot be required as a condition of issuing a parcel map.

5. Fire Department & Utility Easements: An easement must be provided over the front parcel to the rear parcel for access to the public right of way, providing public services and facilities, maintenance of utilities, and (if required) fire department access.

6. Owner Occupied: The applicant for an urban lot split must sign an affidavit stating that the applicant will occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.

7. Short Term Rentals Prohibited: The rental of any unit created by an urban lot split must be for a term longer than 30 days.

8. Residential Uses, Only: All uses allowed on a site subdivided as an urban lot split must be limited to residential uses. This does not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.

9. Non-Conforming Zoning Conditions: Nonconforming zoning conditions are not required to be made conforming before approving an application.

10. Bi-Annual Inspection: The property owner must provide for an inspection every six months for the first three years to ensure the property owner is living onsite. The property owner must pay the special inspection fee as set forth in the City’s fee and fine resolution.

11. Objective Development Standards: The following objective development standards apply to urban lot splits:

a. Size and Number: The parcel map subdividing an existing parcel must create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. The subdivision must not be done in a manner that leaves one lot with more than two units including existing and proposed main dwellings, ADUs, and JADUs.

b. Minimum Size: Both newly created parcels created by an urban lot split must be no smaller than 1,200 square feet.

c. Setbacks:

(1) Existing Structures: No setback is required for an existing, permitted structure or a structure constructed in the same location and to the same dimensions as an existing, permitted structure.

(2) New Structures and Additions: The minimum setback from the side and rear property line is four feet.

d. Building Separation: The units or structures involved in an urban lot split may be attached or detached provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

e. Building Official Review: The City will deny a proposed urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

f. Driveways and Parking: A proposed urban lot split must not provide any onsite parking (including garages, carports, and parking on driveways). Any hardscape more than 8 feet in width and 18 feet in depth is not permitted on a site with an urban lot split. Prior to issuance of a building permit the applicant must obtain an encroachment permit to remove an existing driveway. Prior to finalizing of building permits and granting of a certificate of occupancy the driveway apron in the public right of way must be removed and repaired.

g. Conjunction with Urban Dwellings: Only structures that meet the requirements of urban dwellings are allowed on urban lot splits.

• h. Disclosures:

• (1) At the time of sale, a site with an urban dwelling must disclose to the seller:

• (A) The site is not eligible for overnight parking permits;

• (B) The site must not be used for short term rentals;

(C) The property owner must provide for an inspection every six months for the first three years to ensure the property owner is living onsite. The property owner must pay the special inspection fee in the City’s fee and fine resolution;

• (D) The property owner must provide all necessary information to the City, required in the annual housing element report;

• (E) The site must be used for affordable housing per the recorded covenant; and

• (F) The site cannot be the subject of future urban lot splits. (Ord. 21-1059; amd. Ord. 23-1071)

A. Definitions: The following definitions apply unless the context in which they are used clearly requires otherwise:

1. APPLICANT: A person or entity that submits an application for a non-storefront, delivery-only medical cannabis retail regulatory permit under this article.

2. CANNABIS ACCESSORIES. Has the same meaning as Health and Safety Code Section 11018.2.

3. DAY CARE CENTER: Has the same meaning as in Section 26001 of the Business and Professions Code.

4. NON-STOREFRONT, DELIVERY-ONLY MEDICAL CANNABIS RETAIL. A commercial operation that is closed to the public but delivers medical cannabis and/or medical cannabis products as part of retail sale transactions to customers at fixed locations in accordance with state law. Non-storefront, delivery-only medical cannabis retailers must be authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to State License: Type M-Type 9, Non-Storefront Retailer.

B. Conditional Use Permit Required: A non-storefront delivery-only, medical, cannabis retail use is permitted only in the Industrial Zone and requires a conditional use permit (see Table 9-1J-2 Land Uses and Permit Requirements for Industrial Zone District).

• C. Location Standards:

1. A non-storefront delivery-only, medical, cannabis retail use must not be located:

• a. On a property that has a property line along Lower Azusa Road or Temple City Boulevard;

• b. Within 500 feet of any property zoned R-1, in Temple City;

• c. Within 500 feet of all assembly and religious assembly use within the city limits;

• d. Within 500 feet of all public and private schools, childcare facilities, and daycare facilities within the city limits;

e. Within 500 feet of all public parks and all public facilities (such as city hall, library, sheriff's station, police department, Sheriff Station, fire department, etc.);

• f. Within 500 feet of another similarly classified business; and

• g. Within or share tenant space with another business.

2. The distance specified will be measured by the horizontal distance measured in a straight line from the property line of where the proposed business is to be located to the closest property line of the lot on which the use is located without regard to intervening structures.

D. Accessory Use: A non-storefront delivery-only, medical, cannabis retail use is not allowed as an incidental, ancillary, or accessory use to another use.

E. Safety and Security Plan: The applicant for a non-storefront delivery-only, medical, cannabis retail use must submit a Safety and Security Plan that is reviewed and approved by the City Manager, or his or her designee. The Plan must include all of the following:

1. State License: The state license or the status of the state license application.

2. Odor Mitigation Plan: The Plan must be certified by a professional engineer or industrial hygienist that includes the following:

• a. Operational processes and maintenance plan, including activities to ensure the odor mitigation system remains adequate and functional;

• b. Odor mitigation training and operational procedure for all employees; and

c. Engineering controls, which may include carbon filtration or other methods of air cleaning, and evidence that such controls are sufficient to effective mitigation odors from all sources. All odor mitigation systems and plans submitted must be consistent with accepted and best available industry-specific technologies designed to effectively mitigate cannabis odors.

3. Coverage of Video Surveillance: The establishment of a 24-hour video surveillance recording system, to monitor the entire interior (except bathrooms), main entrance, and exterior areas, including parking areas to discourage loitering, crime and illegal activities. The areas to be covered by the security cameras include but are not limited to the storage areas, the dispensing areas, delivery areas, all doors and windows and any other areas as determined by the City Manager or the City Manager's designee. The cameras must be in use 24 hours a day, seven days a week. The camera and recording system must be of adequate quality, and cover all areas required by state law. 4. Video Surveillance: The video surveillance system must be stored for a minimum of 90 days and be made available to law enforcement and code enforcement upon request.

4. Alarm System: Professionally and centrally monitored fire, robbery, and burglar alarm systems must be installed and maintained in good working condition at the premises in accordance with California Code of Regulations, Title 4, Division 19, Chapter 3, Section 15047.

5. Lighting: The parking lot and exterior of the establishment must install and maintain good lighting which provides at least 2-foot candles of coverage on all exterior portions of the property. Lighting must be shielded to the extent feasible from neighboring properties. A photometric study must be submitted, reviewed and approved by the Planning Commission as part of the Conditional Use Permit. Additional or replacement fixtures may be required to meet this standard.

6. Training: Provide training to staff regarding security protocols and emergency procedures in accordance with state law.

7. Right of Inspection: All vehicles and facilities permitted under this section are subject to inspection by City personnel or County Sheriff's Department personnel any time the operator is exercising privileges under an operator permit. Prior notice of an inspection is not required.

8. Secure Storage: All medical cannabis and medical cannabis products must be kept in accordance with California Code of Regulations, Title 4, Division 19, Chapter 3 Section 15000.7 during business and non-business hours. Each non-storefront medical cannabis delivery-only operation must ensure that all limited access areas and be securely locked using commercial grade, non-residential door locks. Commercial grade, non-residential door locks must also be used on all points of entry and exit to the licensed premises.

Regulations, Title 4, Division 19, Chapter 3 Section 15000.7 during business and non-business hours. Each non-storefront medical cannabis delivery-only operation must ensure that all limited access areas and be securely locked using commercial grade, non-residential door locks. Commercial grade, non-residential door locks must also be used on all points of entry and exit to the licensed premises.

10. Owner/Employee Roster and Notice of Change: The business must keep a roster on file with the Los Angeles County Sheriff's Department and City with the names and birth dates of all current employees, operator, and owner of

the delivery-only operation. The business must provide written notice to both entities of any change in ownership or employees within 30 days of such change.

11. Other Necessary Security Requirements: The City Manager, or his or her designee, may prescribe additional safety or security measures that he or she deems reasonable and necessary in light of the nature and location of a specific operation.

• F. Operational Standards:

1. Business License and Permit: The business must comply with sections 5-1B-19 through 5-1B-20 and a business permit is required per 5-2A-0 through 5-2A-9 (Business Permits).

2. Hours of Operation: Non-storefront, delivery-only medical cannabis retail operations may only operate during the hours authorized by their state license and the Department of Cannabis Control regulations.

3. Delivery Requirements: The delivery of cannabis to any person within the City limits is prohibited, except for delivery to medicinal cannabis to medicinal cannabis patients or their primary caregivers. These deliveries to medicinal cannabis patients or their primary caregivers are subject to the following requirements:

a. Deliveries are only permitted to occur from the hours of 6:00 a.m. to 10:00 p.m.;

b. Cannabis and cannabis products must only be transported inside of a vehicles or trailer and shall not be visible or identifiable from outside of the vehicle or trailer; and

c. Deliveries are only permitted to a physical address not located on publicly owned land or any address on land or in a building leased by a public agency. A delivery employee must not deliver cannabis goods to a school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center.

4. Product Visibility: No cannabis or cannabis products may be visible from outside the non-storefront medicinal cannabis delivery-only operations' fixed location or delivery vehicles.

5. Signs and Displays: No visual display, sign, or condition on the exterior of the non-storefront, delivery-only medicinal cannabis retail operation's fixed locations or delivery vehicles will indicate the types of products being stored inside the fixed location or transported in the delivery vehicles. Signs are limited to the name of the business only and must be in compliance with the zoning code. Signs must not contain advertising for other companies, brands, goods, or services.

storefront, delivery-only medicinal cannabis retail operation's fixed locations or delivery vehicles will indicate the types of products being stored inside the fixed location or transported in the delivery vehicles. Signs are limited to the name of the business only and must be in compliance with the zoning code. Signs must not contain advertising for other companies, brands, goods, or services.

6. No Public Access: Non-storefront, delivery-only medicinal cannabis retail operations must not permit public access to fixed locations or delivery vehicles. Only employees, operators, and owners of non-storefront, delivery-only medicinal cannabis retail operations may access the business' fixed locations or delivery vehicles

7. No On-Site Sale: Non-storefront, delivery-only medicinal cannabis retail operations must only conduct sales via delivery. On-site sales are prohibited.

8. No Cannabis Paraphernalia: Non-storefront, delivery-only medicinal cannabis retail operation must not sell or display any products other than medicinal cannabis or medicinal cannabis products. No cannabis-related paraphernalia or any other products, including but not limited to alcohol and tobacco products are allowed.

9. Under 21 Years of Age: People under the age of 21 years of age must not be in a commercial vehicle or trailer transporting cannabis or cannabis products. Only a licensee, an employee of the license distributor, or security personnel who meets the requirement of California Code of Regulations, Title 4, Division 19, Chapter 3, Section 15045 may be in a vehicle while transporting cannabis or cannabis products.

10. Amount of Transported Cannabis and Cash: No more than the maximum amount of medical cannabis permitted under state law in total value of project and cash may be transported at any one time in an individual vehicle during deliveries.

11. Compliance with Other Laws: All non-storefront, delivery-only medicinal cannabis retail operations must be conducted in accordance with all local and state laws.

12. Other Necessary Operational Requirements: The city may prescribe additional operational requirement deemed reasonable and necessary considering the nature and location of a specific operation.

13. Acceptance of Cash: No receiving of cash may occur between a customer and the retailer on the nonstorefront premises. Cash may be received when a delivery is completed. The business is strongly encouraged to use other payments options besides cash.

14. Security Bars and Roll-Up Gates: Any security bars, roll-up gates, and such may not be placed on the exterior of the structure and must comply with all fire and building codes. Bars must be able to be opened from the inside of the building without the need for a key, tool, special knowledge, or excessive force. Security bars must allow visibility into the business to the satisfaction of the City Manager or the City Manager's designee.

curity bars, roll-up gates, and such may not be placed on the exterior of the structure and must comply with all fire and building codes. Bars must be able to be opened from the inside of the building without the need for a key, tool, special knowledge, or excessive force. Security bars must allow visibility into the business to the satisfaction of the City Manager or the City Manager's designee.

15. Storefront Visibility: Any window area within three feet above the ground to seven feet above the ground must not have any window signs, furniture, or other obstructions that would reduce or preclude visibility into the storefront. The requirement applies to area from the window to 10 feet within the storefront.

16. Closed to the Public: Access to the business may not be granted to the public.

17. Selling Other Products: The business must not sell or display any products other than medicinal cannabis and medicinal cannabis products.

18. Odor Control: All non-storefront, delivery-only medical cannabis retail operations must incorporate and maintain adequate on-site odor control measure in compliance with the Odor Mitigation Plan such that the odors as a result of storing or transporting of cannabis and cannabis-related products cannot be readily detected from outside of the structure or vehicle in which the business operates.

a. The applicant must submit an Odor Mitigation Plan certified by a profes sional engineer or industrial hygienist that includes the following:

(1) Operational processes and maintenance plan, including activities to ensure the odor mitigation system remains adequate and functional;

• (2) Odor mitigation training and operational procedures for all employees;

(3) Engineering controls, which may include carbon filtration or other methods of air cleansing, and evidence that such control are sufficient to effectively mitigate odors form all odor sources. All odor mitigation systems and plans submitted must be consistent with accepted and best available industry-specific technologies designed to effectively mitigate cannabis odors.

19. Surveillance Systems: Security surveillance cameras and video recording systems must be installed and maintained in good condition as described in the security plan.

20. Security Video Retention: Video from the security surveillance cameras must be maintained for at least 90 days and must be made immediately available to City representatives upon request.

21. On-site Security Guard: The business must employ at least one armed, uniformed security guard licensed by the State of California to be present during normal business hours to include one-half hour before and after normal business hours. The security guard must be charged with preventing violations of the law; reporting suspicious people, vehicles, and circumstances; and all criminal offences to the L.A. County Sheriff's Department. Security guards must be uniformed in such a manner to be readily identifiable as a security guard by the public and must be duly licensed as a security guard as required by applicable provisions of state law. The sole purpose of the security guard must be to provide for the protection and safety of the business and its authorized personnel and said guard must not be required to perform additional, non-security-related duties within the business. The City reserves the right to review the number of guards and may require that the number of guards be increased as necessary.

22. No Loitering: Individuals are not allowed to remain on the premises unless they are engaging in activity expressly related to the operation of the business.

23. Report of Criminal Activity: The business must immediately report to the Los Angeles County Sheriff's Department:

• a. Any criminal conduct committed by owners, operators, agents or employees;

• b. Any crimes that occur at the fixed location or in a vehicle owned or used by the business;

• c. Any crimes against any employee, agent, operator, or owner of the business during the performance of his/her duties; and/or

• d. Any crimes against any customer of the business during any transaction conducted by the business.

24. Delivery Vehicle Requirements:

• a. All delivery vehicles must be equipped with a Global Position System (GPS) tracking device. Data from the GPS tracking device must be retained for 30 days. GPS data must be made available to the Los Angeles County Sheriff's Department upon request.

• b. All cannabis, cannabis products, and cash must be stored during transport in secure safes or lockboxes permanently affixed to the delivery vehicle.

• c. All delivery vehicles must be registered with the City or the L.A. County Sheriff's Department including the make, model, licenses plate vehicle identification number and registration number of such vehicles.

• d. All cannabis delivery vehicles must be equipped with, and utilize, a vehicle alarm system.

• e. All medical cannabis delivery vehicles must have and use a direct communication system with the nonstorefront, delivery-only medical cannabis business.

• f. All medical cannabis delivery vehicles must not carry more medical cannabis than allowed by State law and required to fulfill all immediate delivery requests.

25. Compliance with Security Plan: The business must implement and maintain a security plan approved by the Los Angeles County Sheriff's Department and the City. Such plan must include, at a minimum the above listed security measures.

26. In Transit Requirements:

• a. Only owners, operators, or employees of the business may be present in vehicles during deliveries.

• b. No more than the maximum amount of medical cannabis permitted under state law in total value of produce and cash may be transported at any one time in an individual vehicle during deliveries.

• c. Delivery vehicles may only travel between fixed locations of the business and the residential addresses specified by customers while transporting medical cannabis and, or medical cannabis products.

• d. All delivery vehicles must carry valid registration and proof of employment at a licensed non-storefront, delivery-only medical cannabis retail operation.

• e. All delivery vehicles must carry a copy of the business' regulatory permit, a copy of the delivery request, a form of government-issued identification, and all other information required by State law. The driver must present these documents upon the request of law enforcement, the City Manager, or the City Manager's designee.

• f. All drivers must carry an inventory log of cannabis and cannabis products being transported.

• g. Delivery drivers must be trained in the process for verifying that medical cannabis and medical cannabis products are delivered to qualified patients and adult-use customers and that the delivery drivers are trained in the proper usage of medical cannabis.

27. Notification Requirements: The business must notify the Los Angeles County Sheriff's Department and the City within 24 hours of discovering any of the following:

• a. Significant discrepancies identified during inventory: The level of significance will be determined by the Los Angeles County Sheriff's Department or the City Manager's designee.

• b. The loss or unauthorized alteration of records related to medical cannabis, medical cannabis products,

• registered qualifying patients, primary caregivers, or a non-storefront, delivery-only medical cannabis retail

operation's agents, owners, operators, investors, partners, or employees.

c. Any other material breach of security.

28. Contact Requirements: The business must provide the City Manager or his/her designee with the name, cell phone number, and email address of an on-site representative to whom the City and the public can provide notice if there are any operational problems associated with the business. Each business must make every good faith effort to encourage residents and the public to call this representative to resolve any operational problems before any calls or complaints are made to the City or law enforcement.

29. Owner, Operator, and Employee Requirements: To be eligible to obtain a regulatory permit from the City the business must meet the following criteria:

a. All owners, operators, partners, investors, employees, and agents must be 21 years of age or older and must submit to a background search.

b. No owners, operators, partners, investors, employees, and agents of the business are allowed to have been convicted of a felony or crime of moral turpitude to have been found by any State or local government to have committed a violation of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). The City reserves the right to waive this requirement in relation to violations of MAUCRSA if he or she determines that the violation was minor in nature and would not undermine the safe and effective operation of the proposed business in accordance with applicable laws.

30. Legal, Fully Enclosed and Secure Structure: The business must be within a legal, fully enclosed and secure structure compliant with all applicable state and local laws.

31. No Additional Business: The business must not grow cultivate, manufacture, test or process cannabis. The business must not be operated as a cannabis cultivation, manufacturing, or testing facility, unless expressly and affirmatively authorized by State and local law.

32. Delivery Recipients: Delivery must only be to medicinal cannabis patients or their primary caregivers only. a. The business must not dispense or delivery medicinal cannabis to any person without a physician's recommendation. The physician's recommendation may not be made onsite.

b. The business must only deliver medical cannabis to individuals who provide government-issued

identification and adequate documentation demonstrating qualification to purchase, obtain, or possess medicinal cannabis on their own behalf or as their primary caregiver.

c. The physician's recommendation must be verified by the business prior to dispensing or delivery any medical cannabis to a qualified patient or primary caregiver, and at least every six months thereafter.

33. Inspected Products: Each business must deliver medical cannabis products only after those medical cannabis products have been inspected and quality tested by a qualified third-party testing facility as required by applicable State law.

34. Labeling and Packaging: Prior to sale for a delivery, medical cannabis products must be labeled and placed in tamper-evident packaging. Labels and packages of medical cannabis products must, at minimum, meet the requirements specified under applicable State laws.

35. Tracking System: The business must be compliant in the state mandate California Cannabis Track and Trace system.

36. Parking Requirements: The parking requirement for this use will be set by the Conditional Use Permit. The applicant will conduct a parking study looking at similarly situated uses to provide evidence of sufficient parking.

• G. Record Keeping Requirements:

1. The business must keep the following records:

• a. All delivery vehicle maintenance records.

• b. All delivery vehicle ownership records.

• c. All shipping manifests for completed and in-transit deliveries.

• d. A contemporaneous inventory log.

• e. Delivery log including location, time, and delivery driver.

• f. Quality assurance details for all cannabis and cannabis products stored and/or delivered by the business.

• g. A copy of the physician's recommendation and, if using a primary caregiver, a notarized written authorization from the patient to be represented by such primary caregiver.

• h. Other records as needed to account for the total quantity of medical cannabis retained, sold, and delivered on or form the premises.

2. The business must maintain patient records in a secure location within the City, available for inspection upon demand by the City Manager, the City Manager's designee, or law enforcement.

3. The above records must be maintained for three years from the date created.

H. Promulgation of Regulations, Standards, and Other Legal Duties: In addition to any regulations adopted by the City Council, the City Manager is authorized to establish any additional rules, regulations, and standards governing the issuance, denial or renewal of the non-storefront, delivery-only medical cannabis retail permits, the ongoing operation of such a business and the City's oversight, or concerning any other subject determined to be necessary to carry out the purposed of this article. Regulations promulgated by the City Manager will become effective upon the date of publication.

• I. Limitations on City's Liability:

1. To the fullest extent permitted by law, the City does not assume any liability whatsoever, with respect to approving any permit pursuant to this article or the operation of any such business approved under this article.

2. As a condition of approval of a permit in this article, the applicant or its legal representative must do the following:

a. Execute an agreement indemnifying the City from any claims, damages, injuries, or liability of any kind associated with operation of the business, issuance of a permit to the business, or the prosecution of the business or its owners, managers, directors, officers, employees, or its qualified patient or primary caregivers for violation of federal or state laws;

b. Maintain insurance in the amounts and of the types that are acceptable to the City Manager or designee; and c. Reimburse the City for all costs and expenses, including but not limited to legal fees and costs and court costs, which the City may be required to pay as a result of any legal challenge related to the City's approval of a conditional use permit or a non-storefront, delivery-only medical cannabis retail regulatory permit or related to the City's approval of such a business. The City, at its sole discretion, may participate at its own expense in the defense of any such action, but such participation shall relieve the applicant of any of the obligations imposed hereunder.

J. Identification Card Required: The permittee and all employees must obtain an identification card issued under the provision of 9-1T-22 (Title 9, Chapter 1, Article T) and must always have such identification card in their possession while engaged in the activity regulated by this article.

• K. Enforcement:

1. A violation of this article is subject to the administrative penalty provisions of Title 1, Chapter 4 of this Code. Where the violation is of a continuing nature, each day or portion thereof where in the violation continues constitutes a separate and distinct violation.

2. A permit to operate a non-storefront, delivery-only medical cannabis retail business may be revoked or suspended pursuant to Title 5 of this code.

L. Findings of Fact: In addition to the standard findings of fact for a conditional use permit, the decision-making authority may only approve the conditional use permit if all the following findings are also made.

1. The proposed location of the non-storefront, delivery-only medical cannabis retail business will not be detrimental to adjacent property or to the public welfare.

2. The proposed use will have adequate buffering between the use and residential areas and will not adversely interfere with the use and enjoyment of residential properties in the vicinity of the proposed development.

3. The proposed use will not result in detrimental impact to existing or anticipated residential or commercial development in the vicinity of the project with regard to traffic levels, traffic safety, pedestrian-vehicle conflicts, pedestrian safety, hazards, and loading or manner of operation.

4. The proposed use will not create excessive noise, unpleasant odor, noxious fumes, excessive lighting, increased litter, or substantial interference with neighboring properties or uses due to the activities associated with the proposed use or its hours of operation.

5. The proposed use will not create an over concentration of non-storefront, delivery-only, medical cannabis retailers in the vicinity. (Ord. 25-1081 U ; Ord. 25-1082, 9-2-2025)