Title 18 — ZONING

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Title 18 - ZONING Division I. - Zoning Chapter 18.02 - GENERAL PLAN

Under authority of Article II, Section 200, and Article IV of the City Charter, the Council establishes the procedures necessary for the planning commission in exercising its powers and duties prescribed by the City Charter.

(Prior code § 9700)

A.

"General plan" means the long-term general plan for the development of the city and of land adjacent to the boundaries of the city, such plan to be used by the planning commission and the council in guiding the development of the city and its environs. Any portion of the general plan may be subsequently prepared in detail and adopted as a precise plan. Such general plan shall be adopted by resolution of the planning commission and of the city council. The term "general plan" shall have the same meaning as "master plan."

B.

"Precise plan" means all or any portion of a general plan dealing with any one or more subjects contained in the general plan, but prepared in such detail as will qualify it for enactment by ordinance as a regulatory control. Precise plans may include:

1.

Proposed regulations limiting the use of land and buildings, the height and bulk of buildings, and the open spaces about buildings;

2.

Proposed regulations limiting the location of buildings and other improvements with respect to existing or planned rights-of-way;

Such other matters as will accomplish the purposes of the provisions of this code relating to zoning, including measures designed to insure the execution of the general plan of the city, and including procedure for the administration of such regulations.

(Prior code §§ 9701 and 9702)

The planning commission shall prepare and adopt a long-term, comprehensive general plan for the physical development of the city, and of any land outside its boundaries which in the commission's judgment bears relation to its planning. The plan may be referred to as the general plan and shall be officially certified as the general plan upon its adoption by the planning commission and the council.

(Prior code § 9703)

18.02.040 - Purpose.

The general plan shall be so prepared that all or portions of it may be adopted by the council as a basis for the development of the city.

(Prior code § 9704)

18.02.050 - Content.

The general plan shall consist of a statement covering objectives, principles and standards used to develop it, and shall include all of the following elements:

A.

A land use element which designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, recreation, education, public buildings and grounds, and other categories of public and private uses of land;

B.

A statement of the standards of population density and building intensity recommended by the various districts and other territorial units, and estimates of future population growth in the territory covered by the plan, all correlated with the land use element of the plan;

C.

A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other major public utilities and facilities, all correlated with the land use element of the plan. It may also include studies and recommendations concerning parking facilities and building setback lines, and the delineations of such systems on the land, a system of street naming, house and building numbering and such other matters as may be related to the improvement or circulation of traffic;

D.

Supporting maps, diagrams, charts, description materials and reports.

(Prior code § 9705)

A general plan as defined may be adopted as follows:

A.

The planning commission shall hold at least one public meeting thereon or any element thereof and shall report its recommendations to the city council by resolution. The entire file of the planning commission pertaining to such recommendations shall be forwarded to the city council for its consideration. Prior to the adoption of a general plan, or any element thereof, the city council shall hold at least one public hearing, at which time interested persons may be heard concerning any matter contained in the general plan or any element being considered. Each such public hearing shall be noticed by publication in the same manner as provided in Section 18.08.040 of this code. The adoption of the general plan or any element thereof shall be by resolution of the city council after the meeting.

B.

Whenever it deems it in the public interest and welfare of the citizens of the city, the city council may initiate a new general plan or new element thereof. In such event the city council shall first refer the proposed new plan, or the proposed new element, to the planning commission for a report. Before making such a report, the planning commission shall hold at least one hearing on the proposed new general plan, notice of which shall be published and given in the manner as provided in Section 18.08.040 of this code. After the receipt of a report and recommendation from the planning commission, the council shall hold at least one public hearing on the proposed new general plan or any new element thereof after notice is given as required above.

C.

The city council may at any time, by resolution or motion duly entered on its minutes, amend, alter, change, add to or take from all or any part, or any element, of an adopted general plan; provided, however, the city council shall not make any change or alteration in the general plan which affects the land use element, or any part thereof, designating the extent of the uses of the land for housing, business, industry, recreation, education and other categories of land used for private purposes, nor amend, alter, change, add to or take from the density and building intensity set forth in the general plan for the various districts or other units as correlated with the land-use element above described, except and on condition that if any change or alteration is deemed advisable by the city council, then the planning commission shall hold at least one public hearing thereon and shall report its recommendation to the city council by resolution. Prior to acting on the proposed change or alteration, as recommended by the planning commission, the city council shall likewise hold at least one public hearing on the proposed change or alteration. The public hearing shall be duly noticed by publication in the same manner as provided in Section 18.08.040. Any change or alteration shall be by resolution adopted by the city council. The city council shall have the right, power and authority, after holding the hearings required in this chapter, to change, alter and modify the general plan or any

element thereof affecting land use or land density in such manner as it deems advisable, providing the foregoing procedure is followed.

D.

The city council may change, alter, amend or modify any other part or portion of the general plan without a hearing by the planning commission or by the city council, and as it deems advisable.

(Prior code § 9706)

In every matter coming before the planning commission, the required vote shall be a majority of a quorum without regard to abstentions, but not less than two concurring votes. A quorum shall consist of three members entitled to vote, but shall not be broken by the withdrawal of any member from a meeting after a quorum has been established. A tie vote shall be deemed a denial of any application or other proposed action, if there is not a regular meeting date scheduled prior to any time within which the planning commission is required or directed to act. In all other cases, two tie votes at different meetings shall be deemed a denial.

(Prior code § 9710)

18.02.080 - Certain state requirements declared nonapplicable.

The city council and the city shall not be governed by or required to conform to or with the provisions of Sections 65300 to and including 65506 of the Government Code of the state.

(Prior code § 9707)

A.

No county shall acquire real property for any purpose, nor dispose of any real property or construct or authorize a public building or structure within the corporate limits of the city, and the state shall not acquire real property nor dispose of any real property nor construct or authorize a public building or structure, unless the same is in conformity with the general plan or an element or part thereof, or unless the planning commission and the city council of the city approves such acquiring and use and amends the general plan accordingly.

B.

A local agency shall not acquire real property or dispose of real property or construct or authorize a public building or structure in the city, unless the same conforms to the general plan, or unless the planning commission and the city council approve after a public hearing of any such acquisition and use which may be contrary to the general plan.

C.

"Local agency" as used in this title means any agency of the state created for the performance of governmental or proprietary functions within a limited boundary.

(Prior code § 9708)

The procedure for adoption and amendment of any precise plan and regulation shall be as set forth in this title.

(Prior code § 9709)

18.02.110 - Precise plan—Administration.

The authority for procedures, administrations, application and enforcement of precise plans and regulations shall be governed by the provisions of this chapter and by the provisions of this title.

(Prior code § 9711)

Hearings held by the planning commission pursuant to Sections 18.02.060 through 18.02.120 shall be subject to the provisions of Section 18.08.040 of this code.

(Prior code § 9712)

The provisions of Chapter 12.16 of this code are incorporated by reference into this chapter and shall be deemed, for all purposes, to be zoning regulations, and shall be enforced as such.

(Prior code § 9405)

Chapter 18.04 - GENERAL PROVISIONS

The provisions of this title shall be referred to as the "Whittier Zoning Regulations."

(Prior code § 9100)

The purpose of the enactment of regulations contained in this title in classifying, designating, regulating and restricting the use of buildings, land and structures, is to permit the most compatible use of land within the city, consistent with the needs of residential, commercial, and industrial developments within the city, and the promotion of the public health, safety, welfare, and general prosperity of the city and its residents.

(Prior code § 9101)

The regulations contained in this title shall not apply to city-owned or leased property, when actually in use by the city.

(Prior code § 9109.1)

Whenever reference is made in this title to other provisions or other laws, the references shall apply to all amendments now or hereafter adopted, with reference thereto, unless clearly otherwise stated.

(Prior code § 9104)

All zone variances, zone exceptions, conditional or special use permits, unclassified use permits and/or precise plans (hereafter "zoning device") heretofore issued by the city or the county of Los Angeles shall remain in full force and effect, provided that each such zoning device shall be subject to the provisions of Sections 18.52.160, 18.52.170 and 18.52.180. Notwithstanding any other provision of this title, no use authorized by such previously granted zoning device, which is being lawfully exercised in compliance with all conditions of approval imposed upon the authorizing zoning device, shall be deemed to be nonconforming, for any purpose, except as specifically set forth in this title.

(Prior code § 9106)

In applying the provisions of these regulations to uses within the city, the same shall be deemed and construed to be the minimum standards required for the promotion of the public health, safety, interest and welfare, unless the context of a specific regulation clearly otherwise provides.

(Prior code § 9103)

If, as of the effective date of these regulations, legislative or administrative action is pending pursuant to the former zoning regulations of the city, such action shall be deemed to have been taken pursuant to the provisions of this chapter, and shall be finally processed, insofar as possible, in accordance with the provisions of this title.

(Prior code § 9107)

Insofar as the regulations contained in this title are substantially similar to the former zoning regulations in effect as of the date of adoption of the ordinance codified in this title, such similar provisions shall be construed as restatements and continuations of such regulations, and not as new enactments.

(Prior code § 9102)

The city manager shall designate the officer or officers who shall enforce the provisions of this title.

(Prior code § 9108)

A.

Every owner of real property within the city, whether commercial, industrial or residential, is required to maintain such property in a manner so as not to violate the provisions of the Whittier Municipal Code, the Whittier Zoning Code, or any specific plan, including but not limited to the Whittier Boulevard Specific Plan, the Uptown Whittier Specific Plan and the Whittwood Town Center Specific Plan, and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.

B.

An occupant of property who is not the legal owner shall not be liable for any nuisance (as defined by Section 8.08.030) which the occupant did not create, and which the occupant did not knowingly maintain or permit to continue.

(Ord. No. 2979, § 1, 9-13-11)

The effective date of each of the regulations contained in this title is the operative date of the ordinance which adopted the regulation, unless a later date is specified in a particular regulation.

(Prior code § 9109)

18.04.110 - Period of validity—Extensions—Permits and other approvals.

A.

Any zone variance, conditional use permit, development review approval, zoning administrator approval, and historic resource commission approval shall be null and void if the use or approval granted thereby is not commenced within the time specified in the resolution granting such use or approval or, if no time is so specified, if commencement does not occur within two years from the effective date of the approval except as provided for in this section. A one-year time extension of the period of validity may be granted by the approval authority subject to the specific findings outlined in Section 18.04.130, which must be made prior to any time extension(s) granted by any approval authority. Any other time extensions shall be approved by the city council, the commission or other approval authority as required elsewhere in this code applicable to the specific use or approval. In no case, however, shall any initial approval and/or combination of

extensions exceed a cumulative total of three years, except as provided for in this section. The director, commission, city council or other approval authority may impose additional conditions, modify existing conditions, or delete existing conditions for the original approval in connection with any extension as may be necessary. These provisions shall apply to all valid land-use entitlements and development review applications in effect upon and subsequent to the adoption of this ordinance.

B.

Entitlement permits approved in conjunction with subdivision maps shall expire on the same expiration date as the tentative map so long as the entitlement is necessary for the approval of the subdivision. Approval of a time extension for such maps shall constitute the approval of a time extension of the entitlement(s) which were (if any) filed in conjunction with it. The approval authority may impose additional conditions, modify existing conditions, or delete existing conditions for the original approval of the entitlement approved in connection with any time extension for a tentative map as may be necessary. Should a final subdivision map be recorded prior to the implementation of the entitlement permit, the provisions under Section 18.04.110(A) shall apply.

(Ord. 2909 § 1, 2008)

(Ord. No. 2930, § 2, 7-28-09; Ord. No. 2955, § 3, 6-27-10; Ord. No. 2977, § 3, 7-26-11; Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.04.120 - Modification of conditions—Permits and other approvals.

A.

Any condition imposed upon the granting of a zone variance, conditional use permit, certificate of appropriateness approval, development review approval, or zoning administrator approval, including any zoning entitlement granted prior to the adoption of these regulations, may be modified or eliminated, or new conditions added, provided that the approval authority, which shall be the planning commission absent specific requirements in this code otherwise, shall first conduct a noticed public hearing thereon, unless the city council granted or modified such use approval upon the specific condition that it be subject only to city council modification, in which case the lower approval authority or authorities may, but need not, make a recommendation concerning the revocation and the city council shall conduct the required public hearing. No such modification shall be granted or imposed unless the approval authority, or such approval authority may consider modifications on appeal as such appeal procedures may be elsewhere provided in this code, finds that such modification is necessary to protect the public peace, health and safety, or that such action is necessary to permit reasonable operation under the use or approval as granted. Any modification hearing conducted by an approval authority other than the city council pursuant to this section shall be subject to review on appeal as may be specifically provided in this code.

B.

Notwithstanding the provisions contained within Section 18.04.120(A), the director of community development may approve minor modifications to approved plans from higher approval authorities without the benefit of a new public hearing if the changes can be found to be in substantial conformance with the conditions of approval authorized by the approval authority. Any such modification may not significantly alter the general nature, intent, or findings of the project, nor circumvent any adopted conditions of approval.

(Ord. 2909 § 2, 2008)

(Ord. No. 2927, § 1, 8-25-09; Ord. No. 3159, § 3(Exh. A), 11-12-24)

Any approval authority granting extension(s) as permitted in this chapter must make the following findings prior to granting a requested extension to an applicant or owner for any project, use or approval:

A.

The project, use or approval for which the time extension(s) is proposed is substantially the same as originally approved by the approval authority and does not require the need for any new entitlement that was not previously approved for the project, use or approval;

B.

The time extension will not adversely impact surrounding land uses, traffic or create any new, adverse, environmental impacts that were not previously considered or mitigated against when the project was originally approved by the approval authority; and

C.

The time extension can be accommodated based on the existing conditions of approval for the project and/or with new or modified conditions of approval.

(Ord. 2909 § 3, 2008)

Chapter 18.06 - DEFINITIONS[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 3159, § 3(Exh. A), adopted Nov. 12, 2024, repealed the former Ch. 18.06 in its entirety and enacted a new chapter as set out herein. The former Ch. 18.06 pertained to similar subject matter. Refer to Code Comparative Table and Disposition List for a detailed history of derivation.

18.06.010 - "A" land uses.

Abandon.

"Abandon" and "abandoned" with respect to any individual structure, site, leased area or use means the discontinuance of its use or occupancy, as evidenced by, but not limited to, any of the following: (1) its vacancy or cessation of use for more than one hundred eighty days; (2) disconnection of necessary public utilities to the structure, site, leased area or use for more than one hundred eighty days; or (3) removal of improvements, equipment, parts, or components necessary for the use of buildings or structures on the site or property or for the operation of a business or other activity or specific use of property. As to any

proposed development, structure, alteration, addition, expansion or new use, allowing permits or approved development review applications specific to the nonconformity to expire, shall be deemed an abandonment. (Ord. 2806 § 1, 2002)

Abut, adjoining or contiguous.

"Abut, adjoining or contiguous" means, in reference to real property, two or more lots sharing a common lot line. With reference to two or more objects, the same means in immediate contact with each other. (Prior code § 9111(A)(1))

Access.

"Access" means the place or way by which pedestrians and/or vehicles shall have safe, adequate and usable ingress and egress to a lot from a public or private street or alley. (Prior code § 9111(A)(2))

Accessory dwelling unit.

"Accessory dwelling unit" shall have the same meaning as stated in Government Code 65852.2 as that section may be amended from time to time. For the sake of convenience only, currently Government Code 65852.2 defines "accessory dwelling unit as, "an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: (A) An efficiency unit. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (Ord. No. 3068 , § 2, 6-13-17; Ord. No. 3116 , § 2, 5-26-20)

Accessory living area.

"Accessory living area" means habitable space within an accessory building limited to not more than three rooms, including a bathroom, with facilities for living, sleeping, or recreation, but excluding facilities for preparation of food, for use by guests of the occupants of the dwelling located upon such lot or domestic help employed by the occupants of the dwelling, and may not be rented, leased, or otherwise used as a permanent residence or separate dwelling unit. Accessory living areas include, but are not limited to, cabanas, recreation rooms, rumpus rooms, enclosed covered patios, guesthouses, and hobby rooms. Guest rooms with an outside entrance but which have access from within a dwelling unit through a common wall is considered attached and not defined as accessory living area. A separate shower and/or bathroom of less than fifty square feet of floor area used in conjunction with a swimming pool is not considered accessory living area. (Ord. 2619 § 1 (part), 1994: Ord. 2539 § 1, 1991)

Accessory use.

"Accessory use" means a use which is directly related, but clearly subordinate, to a permitted principal use. All accessory uses shall be established and maintained on the same lot as the principal use which they serve, except as otherwise expressly provided in this title. (Prior code § 9111(A)(3))

Accessory building.

"Accessory building" means any building or structure which is detached from, but related to, the building containing the permitted principal use of the property on which said accessory building is located. (Ord. 2619 § 1 (part), 1994)

Adjacent.

"Adjacent" means two or more objects which are located in close proximity to each other. (Prior code § 9111(A)(4))

Adult day care center.

"Adult day care center" means any facility where service is rendered, by trained and experienced personnel, to adults who require care during a portion of the day, as provided by Section 80001 of Title 22 of the Administrative Code of the state. (Ord. 2869 § 53, 2006: prior code § 9111(A)(13))

Alley.

"Alley" means a public or private way designated as an alley by the city, other than a street, permanently reserved as a means of secondary vehicular access to adjoining properties. (Prior code § 9111(A)(6))

Antique mall.

"Antique mall" means a building or buildings wherein the interior thereof has been partitioned into individual spaces or stalls leased or rented to individuals for the sale and display of antiques, replicas, collectibles and new or secondhand goods, and wherein the management provides sales staff and security. (Ord. 2553 § 5 (part), 1991)

Apartment.

"Apartment" means the same as "dwelling unit." (Prior code § 9111(A)(7))

Arcade games.

"Arcade games" means any establishment where five or more amusement machines, defined as such in this code, or any combination of five or more such machines and/or billiard or pool tables, are located. (Prior code § 9111(A)(12))

Assessed value.

"Assessed value" means the then-assessed value of the land, building or structure, as is shown on the current assessment roll, in effect as of the time of the making of the determination of such assessed value. (Prior code § 9111(A)(10))

Assessor.

"Assessor" means the tax assessor of the county of Los Angeles. (Prior code § 9111(A)(10))

Automobile repair and service garage.

"Automobile repair and service garage" means a facility which provides for the repair and maintenance of motor vehicles, including but not limited to the repair and/or installation of tail pipes, mufflers, brakes, radiators and electrical systems; provided, that such facilities shall not include the painting of motor vehicles, nor body and fender repair. (Prior code § 9111(A)(11))

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.06.020 - "B" land uses.

Basement.

"Basement" means a portion of a building which is totally or partially below the level of the finished grade of the lot upon which it is located. (Prior code § 9111(B)(1))

Bedroom/Sleeping area.

A habitable space that is a minimum of seventy square feet and includes an egress window or door to the exterior for the purpose of developing a room in which people sleep. (Ord. No. 2940, § 1, 12-8-09)

Billiard or pool hall.

"Billiard or pool hall" means any establishment where five or more tables for the playing of billiards, pool, snooker, or similar games, or any combination of five or more such tables and amusement machines as defined in this code are located. (Prior code § 9111(B)(7))

Building.

"Building" means any structure having a roof supported by columns or walls, or combination thereof, and intended for the shelter, housing or enclosure of persons or property of any kind. (Ord. 2806 § 2, 2002)

Building, accessory.

"Accessory building" means a separate detached building, housing a permitted accessory use, located on the same lot as the main building or principal use, and clearly subordinate to said building or use. (Ord. 2787 § 11, 2001: prior code § 9111(B)(4))

Building height.

See "height." (Prior code § 9111(B)(5))

Building, main.

"Main building" means a building in which is conducted one or more principal uses permitted upon the lot which it is situated. (Prior code § 9111(A)(6))

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.06.030 - "C" land uses.

Carport.

"Carport" means a permanently roofed structure with not more than two enclosed sides, used or intended to be used for automobile shelter and storage. (Prior code § 9111(c)(1))

Cellar.

"Cellar" means the same as "basement." (Prior code § 9111(c)(2))

Centerline.

"Centerline" means the centerline, as determined by the city engineer, on any street, highway or alley. (Prior code § 9111(C)(3))

Child day care facility.

"Child day care facility" means a state-licensed facility which provides nonmedical care, protection, and supervision to children under eighteen years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour basis. Child day care facility includes day care centers and family day care homes. (Ord. 2573 § 2(b) (part), 1992: prior code § 9111(C)(4))

City.

"City" means the city of Whittier. (Prior code § 9111(C)(6))

City manager.

"City manager" means the city manager of the city. (Prior code § 9111(C)(8))

Clerk.

"Clerk" means the city clerk of the city. (Prior code § 9111(C)(7))

Club, private.

"Private club" means any building or premises used by an association of persons, whether incorporated or unincorporated, organized for some common purpose, but not including a group organized primarily to render a service customarily carried on as a commercial enterprise. (Prior code § 9111(C)(9))

Code.

"Code" means the Whittier Municipal Code. (Prior code § 9111(C)(10))

Collection facility.

A collection facility is a center for the acceptance, by donation, redemption or purchase, of recyclable materials from the public. Such a facility does not use power-driven processing equipment except a trash compactor. A collection facility may include any or all of the following:

A.

Reverse vending machine(s);

B.

A small collection facility which occupies an area of not more than five hundred square feet, and may include:

A mobile unit, and/or

2.

Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty square feet, and/or

3.

Kiosk type units, which may include permanent structures, and/or

4.

Unattended container placed for the donation of recyclable materials;

C.

A large collection facility which may occupy an area of more than five hundred square feet and may include permanent structures. (Ord. 2423 § 1, 1987) (Ord. No. 3103 , § 4, 6-11-19)

Commercial recreation facility.

"Commercial recreation facility" means a privately owned and operated establishment open to the public, with or without charge, where the public may participate in games of chance or skill, or a sport or other recreation activity. "Commercial recreation facilities" includes but is not limited to parks, playgrounds, pool or billiard halls, game arcades, skating rinks, bowling alleys, swimming pools and miniature golf courses. (Prior code § 9111(C)(17))

Commission.

"Commission" means the planning commission of the city. (Prior code § 9111(C)(11))

Communications equipment buildings.

"Communications equipment buildings" means buildings housing operating electrical and mechanical equipment utilized in conducting a public utility communications operation. (Prior code § 9111(c)(12))

Condominium.

"Condominium" means an individually owned dwelling unit in an attached or detached structure with an undivided interest in common shared area. (Prior code § 9111(C)(13))

Convalescent home.

"Convalescent home" means the same as "nursing and convalescent hospital." (Prior code § 9111(C)(14))

Convenience market.

"Convenience market" means a market with a limited line of grocery, notion and beverage items in a building not exceeding six thousand square feet in gross floor area. (Prior code § 9111(C)(18))

Council.

"Council" means the city council of the city. (Prior code § 9111(C)(15))

Court.

"Court" means an area which is open and unoccupied by any building or structure, bounded on three or more sides by the exterior walls of a building. An inner court is a court entirely enclosed within the exterior walls of a building. All other courts are outer courts. (Prior code § 9111(C)(16))

18.06.040 - "D" land uses.

Dairy.

"Dairy" means any premises where one or more cows or goats, or any combination thereof, are kept or maintained for the purpose of producing milk. (Prior code § 9111(D)(1))

Day care center.

"Day care center" means an establishment providing non-medical care for persons on a less than twentyfour-hour basis other than family day care, including nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the state of California. (Ord. 2573 § 2(b) (part), 1992)

Destroyed.

"Destroyed" means demolished or damaged structures or other improvements to property, by any cause, to an extent of greater than fifty percent of the total cost estimate to reconstruct, repair, or rehabilitate the damaged structure or other improvements on the property, as determined in accordance with Section 18.62.160 of this Title. (Ord. 2806 § 3, 2002)

Director.

"Director" means the director of community development for the city. (Ord. 2897 § 4, 2008)

Driveway.

"Driveway" means the vehicular access from the street or alley to a legal parking space, which serves the lot upon which the parking space is located. A driveway shall not lose its status as a "driveway" if the parking space that it was serving was removed in conjunction with the creation of an accessory dwelling unit. (Ord. 2610 § 1(A)(1), 1993) (Ord. No. 3116, § 3, 5-26-20)

Dump, inert-solid.

"Inert-solid dump" means an area devoted to the disposal of non-water soluble, non-decomposable inert solids such as natural earth, rock, sand and gravel, paving fragments, concrete brick, plaster and plaster products, steel mill slag, glass, asbestos fiber and products therefrom. (Prior code § 9111(D)(12))

Dump, rubbish and refuse.

"Rubbish and refuse dump" means an area devoted to the disposal of inert solid and/or decomposable organic refuse and scrap metal. (Prior code § 9111(D)(13))

Duplex.

"Duplex" means the same as "two-family dwelling." (Prior code § 9111(D)(7))

Dwelling, single-family.

"Single-family dwelling" means a building containing one dwelling unit. (Prior code § 9111(D)(8))

Dwelling, two-family.

"Two-family dwelling" means a building containing two dwelling units. (Prior code § 9111(D)(9))

Dwelling unit.

"Dwelling unit" means one or more habitable rooms in a building which are designed to be occupied by any one person or one family, with facilities for living, sleeping, cooking, eating and sanitation. (Prior code § 9111(D)(11))

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.06.050 - "E" land uses.

Educational institution.

"Educational institution" means any public, private or parochial, elementary, junior high, high school, university or other school giving general academic instruction in the several branches of learning. (Prior code § 9111(E)(1))

Engineer.

"Engineer" means the city engineer of the city. (Prior code § 9111(E)(2))

Explosives.

"Explosives" mean any explosive substance as defined in Section 12000 of the Health and Safety Code of the state.(Prior code § 9111(E)(3))

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.06.060 - "F" land uses.

Family.

"Family" means two or more persons living together in a single dwelling unit , with common use of all living and eating areas and all areas and facilities for the preparation and storage of food. A family includes, for example, residents of residential care facilities and group homes for people with disabilities. A family does not include larger institutional group living situations such as dormitories, fraternities, sororities, monasteries, or nunneries.

Family day care home.

"Family day care home" means a day care facility licensed by the state of California, located in a residential unit where the resident of the dwelling provides care and supervision for children under the age of 18 for periods of less than 24 hours a day. (Ord. 2864 §§ 1—2, 2005: Ord. 2573 § 2 (b) (part), 1992)

Fence.

"Fence" means a structure made of wood, metal (i.e., iron, steel, or other similar alloy), or other premanufactured material, like vinyl, or other composite that mimics the look of a wood fence, with substantially wider columns set at regular intervals and comprised of concrete block, masonry, wood, metal or pre-manufactured material, like vinyl, or other composite that mimics the look of wood; fence can include a base comprised of block, masonry, wood, metal or pre-manufactured material, like vinyl, or other composite that mimics the look of wood; built to industry standards. (Ord. 2839 § 3, 2004)

Floor area, net.

"Net floor area" means the total horizontal floor area of all the floors of a building included within the surrounding walls, exclusive of vents, shafts, courts, elevators, stairways and similar facilities. (Prior code § 9111(F)(6))

Fortunetelling.

"Fortunetelling" means the telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, including, but not limited to, clairvoyance, clairaudience, cartomancy, psychology, psychometry, spirits, tea leaves or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind-reading, telepathy, or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, oriental mysteries or magic of any kind or nature. (Ord. 2371 § 1, 1986)

Fraternity.

"Fraternity" means the same as "private club." (Prior code § 9111(F)(7))

Frontage, street.

"Street frontage" means the length of a lot line of a lot which abuts a street. (Prior code § 9111(F)(8))

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.06.070 - "G" land uses.

Garage.

"Garage" means any building with three enclosed sides, provided with a closeable access door or doors, which is used or intended to be used for automobile shelter or storage. (Prior code § 9111(G)(1))

Gender.

When consistent with context, words in the masculine gender include the feminine and neuter genders. (Prior code § 9111(G)(2))

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.06.080 - "H" land uses.

Habitable space.

"Habitable space", as used in this title means space within a structure for living, sleeping, recreation, eating or cooking, bathing and sanitation, halls, closets, storage and utility space. Storage and utility space located within a garage is not considered habitable space. (Ord. 2619 § 1 (part), 1994)

Height.

"Height" means the vertical distance measured from the grade of the lot immediately beneath the portion of the building or structure being measured, to the highest point of such building or structure, based on a topographic survey. (Ord. 2610 § 1 (A)(2), 1993: prior code § 9111(H)(1))

Highway.

"Highway" means the same as "street." (Prior code § 9111(H)(2))

Hillside area.

"Hillside area" means those properties included within the area described in Section 18.14.020. (Prior code § 9111(H)(3))

Hillside plan.

"Hillside plan" means a plan described in Chapter 18.14. (Prior code § 9111(H)(4))

Historic resource.

"Historic resource" means a building, structure or collection of buildings or structures, and their associated sites deemed of importance to the history, architecture, or culture of an area by an appropriate local, state or federal agency or organization. This shall include designated structures on official inventories such as the National Register of Historic Places, State Historical Landmarks, State Points of Historical Interest, the Whittier Local Official Register of Historic Resources and resources eligible for listing on such inventories by reason of their age, association with people or events important to the history of the area, or unique design or architecture. (Ord. 2489 § 2, 1990)

Home based business.

"Home based business" means an occupation, calling or profession carried on by a resident of a building located on an R-zoned lot, as an accessory use. The home-based business shall not change the integrity and residential character of a neighborhood. (Ord. 2707 § 2(B), 1997: prior code § 9111(H)(6))

Hospitality houses/low barrier navigation center.

"Hospitality houses/low barrier navigation center" means any buildings used to provide housing-first, lowbarrier, service-enriched emergency housing on a temporary basis focused on moving people into permanent housing that provides living facilities where case managers connect individuals experiencing homelessness to income, public benefit, health services, shelter and housing. Low barrier includes best practices to entry such as allowing partners, pets, storage of personal items and privacy (Prior code § 9111(H)(7)(a))

Hotel.

"Hotel" means any building or portion of any building with access provided through a common entrance, lobby or hallway, to one or more guestrooms, which have no cooking facilities and which are designed and intended to be used or are used, rented or hired out as temporary or overnight accommodations for guests. (Prior code § 9111(H)(8))

Household pets.

"Household pets" means and is limited to the following pets, maintained principally within a dwelling unit:

A.

Domesticated cats;

B.

Domesticated dogs;

C.

Fish, without a limit on number;

D.

Any bird which is:

a.

Customarily kept in residence of people;

b.

Kept, at all times, within a dwelling unit;

2.

Specifically, "bird" shall not include, among others, for the purpose of these regulations, chickens, hens, roosters, geese or ducks. (Prior code § 9111(H)(9))

Housing, senior citizen.

"Senior citizen housing" means a housing development that can be authorized on property within the C-O zone subject to approval of a development plan as described in Chapter 18.42,which consists of individual dwelling units designed for and/or restricted to occupancy by one person or a group of two or more persons who will live regularly together in the same dwelling unit, whose head, spouse, or sole member is:

A.

Sixty-two years of age or older;

B.

Under a disability as defined in Section 223 of the Social Security Act; or

C.

Handicapped within the meaning of the Housing Act of 1959. (Ord. 2343 § 1 (part), 1985: prior code § 9111(H)(10))

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.06.090 - "I" land uses.

Internet cafe.

"Internet cafe" means an establishment with five or more computers or gaming devices, wherein computers, having online capabilities, are available to customers to rent for a fee. (Ord. 2808 § 1 (part); 2002)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.06.100 - "J" land uses.

Reserved.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.06.110 - "K" land uses.

Kennel.

"Kennel" means a place where four or more adult dogs and/or cats are kept, whether by the owner of such dogs and cats or by other persons, providing facilities and care, whether or not for compensation. An "adult" dog or cat, for the purpose of these regulations, is one that has reached the age of four months. (Prior code § 9111(K)(1))

Kitchen.

"Kitchen" means any room or space within a building designed and intended to be used for the storage and preparation or cooking of food, and which includes or provides space for full-size refrigerators, stoves and sinks. An undercounter refrigerator of not more than three cubic feet and/or a wet bar do not constitute a kitchen. (Ord. 2539 § 2, 1991: prior code § 9111(K)(2))

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.06.120 - "L" land uses.

Landscaping and landscaped areas.

A.

"Landscaping" means the planting and maintenance of natural and/or artificial trees, shrubs, vines, ground covers, flowers and lawns. In addition, the same may include natural features such as rock and stone; and structural features, including, but not limited to, fountains, reflecting pools, art works, screens, walls, fences and benches.

B.

"Landscaped area" means an area upon which landscaping is required, by these regulations, to be continuously maintained. (Prior code § 9111(L)(1))

Landscaping, appropriate.

"Appropriate landscaping" means maintaining a variety of plants, including a variety of species and a mixture of sizes (i.e. trees, hedges, vines), within a yard, planter, or other "landscaping area" that is consistent with the type of planting found onsite and compatible with the neighborhood, with a priority placed on drought tolerant, native plants. (Ord. 2839 § 4, 2004: Ord. 2838 § 4, 2004)

Livestock.

"Livestock" means a use involving the grazing, care and maintenance of cattle and/or horses for commercial or noncommercial purposes. (Prior code § 9111(L)(2))

Lot or parcel of land.

"Lot or parcel of land" means:

A.

A parcel of real property which is shown as a single lot in a lawfully recorded subdivision, approved pursuant to the provisions of the Subdivision Map Act (Government Code Section 66410 et seq.); or

B.

A parcel of real property, the dimensions and boundaries of which are designated as a single lot by a lawfully recorded record of survey map; or

C.

A parcel of real property shown on a parcel map as a single lot, lawfully recorded pursuant to the provisions of the Subdivision Map Act; or

D.

Any parcel of real property otherwise lawfully created and dimensioned prior to the adoption of these regulations; or

E.

Two or more lots which are combined, by an appropriate recorded written instrument, or two or more lots which are combined by a common usage, shall be deemed, for all purposes, a single lot. (Prior code § 9111(L)(4)) (Ord. No. 3121, § 1, 8-25-20)

Lot area.

"Lot area" means the total area, measured by a horizontal plane, included within the lot lines of a lot. (Prior code § 9111(L)(5))

Lot, standard corner.

"Standard corner lot" means a lot situated at the intersection of two or more streets. (See figure below.)

==> picture [180 x 140] intentionally omitted <==

(Ord. 2839 § 5, 2004)

Lot depth.

"Lot depth" means the horizontal distance measured between the midpoints of the front and rear lot lines. (Prior code § 9111(L)(7))

Lot, interior.

"Interior lot" means a lot, other than a corner or reversed corner, or through lot. (Prior code § 9111(L)(8))

Lot, key.

"Key lot" means a lot which has a side lot line which is a common lot line with the rear lot line of a reversed corner lot. (See figure below.)

==> picture [204 x 171] intentionally omitted <==

(Ord. 2839 § 6, 2004)

Lot line, front.

"Front lot line" means a lot line separating an interior lot from a street; in the case of a corner or reversed corner, the lot line separating the narrowest street frontage of the same shall mean the narrowest lot line parallel and closest to the nearest street or highway, as determined by the director. (Prior code § 9111(L) (10))

Lot line, rear.

"Rear lot line" means the lot line which is approximately parallel to, and most distant from, the front lot line. (Prior code § 9111(L)(11))

Lot line, side.

"Side lot line" means any lot line which is not a front or rear lot line. (Prior code § 9111(L)(12))

Lot, minimum width.

"Minimum-width lot" means the horizontal distance between the side lot lines measured along the line

constituting the rear of the required front yard area, or between two points each located on the side lot lines at a distance midway between the front and rear lot lines, whichever is lesser. (Prior code § 9111(L)(15))

Lot, reversed corner.

"Reversed corner lot" means a corner lot, the side lot line of which is substantially a continuation of the front lot line of an adjacent key lot. (See figure below.)

==> picture [204 x 180] intentionally omitted <==

(Ord. 2839 § 7, 2004)

Lot, through.

"Through lot" means a lot having frontage on two approximately parallel streets. (Prior code § 9111(L)(14))

Low impact recreational use.

Nonconsumptive uses which have little or no adverse effect on native habitat and wildlands. (Ord. 2694 § 2 (part), 1996)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.06.130 - "M" land uses.

Manufacturing.

"Manufacturing" means the creation of finished parts or products either from raw materials or previously prepared materials. Includes processing, fabrication, assembly, treatment, testing (e.g., laboratories), and incidental office storage, sales, and distribution. (Prior code § 9111(M)(3))

Map.

"Map" means the zoning map of the city, referred to in Section 18.08.020. (Prior code § 9111(M)(2))

May.

"May" is permissive. (Prior code § 9111(M)(1))

Medical and/or dental clinic.

"Medical and/or dental clinic" means any facility providing health service, or medical, surgical or dental care of the sick or injured, but does not include inpatient or overnight accommodations. "Medical and/or dental clinic" includes health centers, health clinics, doctors' and dentists' offices. (Prior code § 9111(M)(4))

Mobilehome.

"Mobilehome" means a building which is transportable in one or more sections, built on a permanent chassis and designed and equipped to contain not more than one dwelling unit, to be used without a foundation. (Prior code § 9111(M)(5))

Mobilehome, foundational.

"Foundational mobilehome" means a mobilehome home which is:

A.

Installed on a permanent foundation system; and

B.

Manufactured and certified under the National Mobilehome Construction and Safety Standards Act of 1974. (Prior code § 9111(M)(5.1))

Mobilehome park.

"Mobilehome park" means a lot where two or more mobilehomes and/or mobilehome sites are rented or leased or held out for rent or lease. (Prior code § 9111(M)(6))

Mobilehome site.

"Mobilehome site" means that portion of a mobilehome park designated for use or occupancy of one mobilehome and including all appurtenant facilities thereon. (Prior code § 9111(M)(7))

Mobile recycling unit.

A mobile recycling unit means a motor vehicle, as defined in the Vehicle Code, which is used for the collection of recyclable materials. A mobile recycling unit includes the bins, boxes or containers located on a motor vehicle and used for the collection of recyclable materials. Mobile recycling units shall provide an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present. (Ord. 2423 § 2, 1987)

Motel.

"Motel" means one or more buildings containing rooms without kitchen facilities, each having a separate entrance leading directly from the outside of the building or from an inner court, which rooms are designed for rental for temporary or overnight accommodations for guests, and are offered primarily to automobile tourists or transients by signs or other advertising media. One unit, for use by a resident manager, may have kitchen facilities. "Motel" includes auto courts, motor lodges and tourists' courts. (Prior code § 9111(M)(8))

Moving and storage.

"Moving and storage" means the business of transferring household and business goods from one location to another and including the temporary storage of such goods while in transit and awaiting delivery. (Ord. 2375 § 1(a), 1986)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.06.140 - "N" land uses.

Nonconforming site.

"Nonconforming site" means a lot or parcel of land which was lawfully developed in accordance with zoning regulations in effect at the time of development but which does not comply with current regulations with respect to, but not limited to: density; coverage; yards; setbacks; parking layout and paving; site orientation; fencing and walls; landscaping; refuse storage; outdoor storage, or any other provision specific to site development, regardless of whether or not the site was previously deemed conforming. (Ord. 2806 § 4, 2002)

Nonconforming structure.

"Nonconforming structure" means a structure, or portion thereof, which was lawfully constructed or altered in accordance with zoning regulations in effect at the time of the construction or alteration but which does not comply with current regulations with respect to, but not limited to: size; height; width; materials; massing; equipment screening, or any other provision specific to the structure's physical form, regardless of whether or not the structure was previously deemed conforming. (Ord. 2806 § 5, 2002)

Nonconforming use.

"Nonconforming use" means the use of any lot, structures or any combination thereof, which use conformed to the zoning regulations in effect at the time use was established, but which does not comply with current zoning regulations. Nonconforming use shall also include uses established prior to the establishment of zoning on such lots or uses that were granted as exceptions to applicable zoning regulations in effect at such time as said exception was granted, regardless of whether or not the use was previously deemed a conforming use. (Ord. 2806 § 6, 2002)

Non-view obscuring.

"Non-view obscuring" relative to fences, means that at least fifty percent of the fence area between the columns is open with no visual barriers. (Ord. 2839 § 8, 2004: Ord. 2838 § 8, 2004)

Notice.

Whenever written notice is required to be given under this title, the same shall be given by personal service thereof upon the person or persons to be notified, or by United States mail, postage prepaid, addressed to such person or persons, at his/her last known address; such notice shall be conclusively deemed to have been given as of the time of personal service, or as of the time the same is deposited in the course of postal transmission. (Prior code § 9111(N)(2))

Nursery school.

"Nursery school" means the same as "child care center." (Prior code § 9111(N)(4))

Nursing and convalescent hospital. (Convalescent homes/facilities)

"Nursing and convalescent hospital" means any place or institution which provides bed accommodations for one or more chronic or convalescent patients who, by reason of illness or physical infirmity, are unable to properly care for themselves. (Prior code § 9111(N)(5))

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.06.150 - "O" land uses.

Oath.

"Oath" means and includes affirmation. (Prior code § 9111(O)(1))

Open space.

"Open space" means an area, other than a required yard area, driveway or off-street parking facility, which has no building or structure located therein except for those used exclusively for recreational purposes. To meet the requirement of open space, such area, referred to as usable open space, shall meet the following:

A.

If the same is located upon the ground, or upon the roof of a subterranean garage, such contiguous area shall not be less than five hundred square feet in area; and

B.

If the roof of such subterranean garage is utilized for such open space, all such roof areas may be utilized provided that the same is not in excess of two feet above the grade of the lot immediately adjacent thereto; and

C.

That where such open space is located on any roof area, other than a subterranean garage, not to exceed twenty-five percent of such roof area may be utilized to meet the open space requirement; and

D.

Notwithstanding subsection A, any partially or totally enclosed patio or balcony located immediately adjacent to a dwelling unit may be utilized to meet the open space requirement. (Prior code § 9111(O)(2)(a —d))

Open space, private.

"Private open space" means open space on a residential lot which is enclosed by a fence or wall, or consists of a balcony which is designed and intended for the exclusive use of the occupant of the immediately adjacent dwelling unit, located on the lot, having direct access to such area. (Ord. 9111(O)(2) (e))

Owner.

"Owner" means any or all of the following:

A.

The owner or owners of the fee interest in real property;

B.

The owner or owners of any beneficial interest under a trust deed relating to real property;

C.

The purchaser and vendor under a land-sale contract relating to such property; or

A tenant under a written and recorded lease, easement, or other legal document as such interests are shown by a title search conducted by a qualified title company. (Ord. 2806 § 7, 2002)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.06.160 - "P" land uses.

Parking space, off-street.

"Off-street parking space" means a readily accessible area on a lot not including driveways, ramps, loading or work areas, maintained exclusively for the parking of one automobile. (Prior code § 9111(P)(1))

Parolee.

"Parolee" means an individual who has been released from a prison term prior to its expiration and who is subject to regular monitoring by a law enforcement officer for a set period of time, during such monitoring time period. This term shall include all of the following:

A.

An individual who was convicted of a federal crime, was sentenced to a United States federal prison, and received conditional and revocable release in the community under the supervision of a federal parole officer;

B.

An individual who is serving a period of supervised community custody, as defined in California Penal Code Section 3000, following a term of imprisonment in a state prison, and is under the jurisdiction of the California Department of Correction, Parole and Community Services Division;

C.

An adult or juvenile individual who was sentenced to a term in the California Youth Authority and received conditional and revocable release in the community under the supervision of a youth authority parole officer; and

D.

An individual who meets the above equivalent criteria in another state.

This term shall only include those individuals who are subject to parole relating to a serious felony, as that term defined in California Penal Code Section 1192.7(c) or any successor provision thereto. (Ord. 2897 § 7, 2008)

Person.

"Person" means any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, district, public agency, public utility, or any group or combination acting as a unit. "Person" does not include the city. (Prior code § 9111(P)(2))

Plural.

When consistent with the context, words in plural include the singular. (Prior code § 9111(P)(3))

Precision engine rebuilding.

"Precision engine rebuilding" means the disassembly, cleaning, inspection, machining and reassembly of engines or engine parts, but shall not include the removal of engines from vehicles or the running or bench testing of reassembled engines. (Prior code § 9111(P)(4)(2))

Principal use.

"Principal use" means a use specifically allowed of right, in any one or more of the zones set forth in this chapter. (Prior code § 9111(P)(4))

Processing.

"Processing" means, when used in reference to commercial or industrial use, one or more acts or operations which have the effect of changing the form of a product or material, so as to render the same more salable or usable. (Prior code § 9111(P)(5))

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.06.170 - "Q" land uses.

Quarry.

"Quarry" means any place on a lot where dirt, soil and gravel, rock or other similar material is removed by excavation or otherwise. "Quarry" does not include the excavation and removal of materials from a lot preparatory to construction of a building for which a building permit has been issued, and remains in full force and effect, provided that such excavation is confined to that necessary for such building construction. (Prior code § 9111(Q)(1))

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.06.180 - "R" land uses.

Real estate subdivision sales office, temporary.

"Temporary real estate subdivision sales office" means a temporary structure or building, including a foundational mobile home, intended to be used for the sale of lots within a recorded residential subdivision. (Ord. 2296 § 1(c), 1983; prior code § 9111(T))

Recorder.

"Recorder" means the county recorder of the county of Los Angeles. (Prior code § 9111(R)(1))

Recyclable material.

Recyclable material is reusable material, including, but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse as defined in this code, nor hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Section 25250.11 of the California Health and Safety Code. (Ord. 2423 § 4, 1987) (Ord. No. 3121, § 2, 8-25-20)

Recycling facility.

A recycling facility is a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986 (Public Resources Code Section 14500 et seq.). A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include collection facilities and processing facilities. (Ord. 2423 § 5, 1987) (Ord. No. 3121, § 3, 8-25-20)

Refuse storage area.

"Refuse storage area" means an exterior area, not including a driveway, ramp, loading area, parking space or required open space, that is permanently reserved and exclusively used for the storage of refuse containers. (Ord. 2755 § 2 (part), 1999)

Regulations.

"Regulations" means the provisions of this title. (Prior code § 9111(R)(2))

Residential care facility.

"Residential care facility" means facilities that are licensed by the State pursuant to the provisions of the California Community Care Facilities Act, (Health and Safety Code Section 1500-1518) to provide permanent living accommodations and 24-hour primarily non-medical care and supervision for persons in need of personal services, protection, or assistance for sustaining the activities of daily living. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions, including hospices, nursing homes, convalescent facilities, and group homes for minors and persons with disabilities, including alcoholism or drug abuse recovery or treatment facilities that are licensed pursuant to Health and Safety Code section 11834.01.

Residential development.

"Residential development" means the construction of, addition to, or exterior remodeling of, a single-family dwelling, foundational mobilehome, or multiple-family development which requires the issuance of a building permit, and including accessory structures, reroofing, changing of windows, or changing of exterior siding materials. (Ord. 2580 § 4, 1992)

Reverse vending machine.

A.

A reverse vending machine is an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine sorts and processes containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be permitted.

B.

A bulk reverse vending machine is a reverse vending machine that is larger than fifty square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container. (Ord. 2423 § 6, 1987)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.06.190 - "S" land uses.

Secretary.

"Secretary" means the secretary of the commission. (Prior code § 9111(S)(1))

Self-storage.

"Self-storage" means a controlled-access building or group of buildings which contain varying sizes of individual, compartmentalized, and user-securable stalls or lockers for the storage of the user's goods, wares or records. (Ord. 2375 § 1(b), 1986)

Service station.

A.

"Service station" means a retail place of business engaged primarily in the sale of motor fuels, but also engaged in supplying goods and services generally required in the operation and maintenance of motor vehicles. Such goods and services include:

Sale of petroleum products;

2.

Sale and servicing of tires, batteries and automotive accessories;

3.

Washing and lubrication services;

4.

The performance of minor automotive maintenance and repair; and

5.

The supplying of other incidental customer services and products.

B.

Major automotive repairs, painting, body and fender work, and automobile or truck rental or storage shall not be deemed permitted as a part of such service station usage. (Prior code § 9111(S)(3))

Setback.

"Setback" means the area which defines the depth of the required yard. Said setbacks are to be measured from the ultimate right-of-way of a street or a distance perpendicular from the property line for the required yard. (Ord. 2515 § 8, 1990)

Shall.

"Shall" is mandatory. (Prior code § 9111(S)(2))

Single room occupancy (SRO) development.

"Single room occupancy development" mean a dwelling unit or portion thereof, other than a hotel, which is used to accommodate with or without individual or group cooking facilities, for compensation, three or more individuals under separate rental, lease, or sublease agreements, either written or oral, whether or not the owner resides therein. The word "compensation" includes compensation in money, services or other things of value. This term shall not include a residential care facility, as defined in this chapter; shall not include a "family," as defined in this chapter, regardless of any number of rental agreements between members of a "family"; and shall not include dormitories owned and operated by colleges or private schools for student housing or shelters and transitional housing intended to and actually serving the homeless or other stranded or dislocated person(s).

Singular.

When consistent with the context, words in the singular number shall include the plural. (Prior code § 9111(S)(4))

Solid fill.

"Solid fill" means any noncombustible materials insoluble in water, such as soil, rock, sand or gravel, that can be used for grading land or filling depressions. (Prior code § 9111(S)(5))

Solid-fill project.

"Solid-fill project" means any operation which involves the importation and deposit of one thousand or more cubic yards of solid fill material on a lot, for the purpose of reclaiming such lot or portion thereof. (Prior code § 9111(S)(6))

Sorority.

"Sorority" means the same as "club, private." (Prior code § 9111(S)(7))

State.

"State" means the state of California. (Prior code § 9111(S)(8))

Story.

"Story" means that portion of building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. "Story" includes a basement. (Prior code § 9111(S)(9))

Street.

"Street" means a public or private way permanently reserved as a primary means of vehicular access to adjoining property. "Street" does not include an alley. (Prior code § 9111(S)(10))

Street frontage.

"Street frontage," see "frontage, street." (Prior code § 9111(S)(11))

Structure.

"Structure" means a building or anything constructed or erected which has a fixed location on the ground or is attached to a building or other object having a fixed location on the ground. A fixed location shall include, but not be limited to, the following: a concrete foundation, footing, foundation system, concrete floor; or elements buried in, or adhered to, the ground. (Ord. 2806 § 8, 2002)

Substance use recovery facility.

"Substance use recovery facility" means an institution intended solely for the admission, diagnostic and intensive short-term treatment of patients addicted to excessive use of substances, and related conditions.

Swap meet.

"Swap meet" means a building or open area in which stalls or sales areas are set aside, and rented or otherwise provided, and which are intended for use by unrelated individuals to sell, trade, exchange or swap articles that are either new, homemade, homegrown, old, obsolete or antique and includes the selling

of goods and or services at retail by business or individuals who are generally engaged in retail trade. (Ord. 2553 § 5 (part), 1991)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.06.200 - "T" land uses.

Tenses.

When consistent with the context, words used in the present tense include the past and future tenses and words in the future tense include the present tense. (Prior code § 9111(T)(1))

Theater.

"Theater" means indoor facilities for group entertainment, other than sporting events. Examples include civic theaters, facilities for "live" theater and concerts, exhibition and convention halls, motion picture theaters, and auditoriums. "Theater" excludes outdoor amphitheaters, outdoor concert facilities and similar entertainment facilities. "Theater" excludes Adult Entertainment Establishments as defined in Chapter 18.44.

Temporary.

"Temporary," unless otherwise specified, shall mean not to exceed thirty days. (Ord. 2619 § 1 (part), 1994) Transfer station.

"Transfer station" means an area, including any necessary buildings or structures, for the temporary storage and salvage of rubbish, garbage or industrial waste. (Prior code § 9111(T)(2))

Triplex.

"Triplex" means the same as "dwelling, three-family." (Prior code § 9111(T)(3))

Tattoo shop/business.

Any establishment where principal activity is the indelible marking or coloring of the skin with a needle injecting ink, dye or other coloring material upon or under the skin so as to leave permanent marks or designs on the skin. Tattoo parlor does not include tattooing performed by a licensed dermatologist on premises licensed as a dermatology office, hospital, or similarly state-licensed institution. (Ord. 2691 § 3 (part), 1996)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.06.210 - "U" land uses.

Unclassified use permit.

"Unclassified use permit" means the same as "conditional use permit." (Prior code § 9111(U)(3))

Underlying zone classification.

"Underlying zone classification" means, when used in reference to an overlay zone, the zone classification of the lot or lots established as such by Section 18.08.010 of this code. (Prior code § 9111(U)(1))

Use.

"Use" means the utilization of a lot, building, structure or any combination thereof. (Prior code § 9111(U)(2))

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.06.220 - "V" land uses.

View-obscuring.

"View-obscuring," relative to fences and walls, means constructed in such a manner as to substantially obstruct a person's ability to see through the fence or wall. (Ord. 2632 § 1 (G), 1994)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.06.230 - "W" land uses.

Wall.

"Wall" means a view-obscuring structure comprised of concrete block, cement or masonry; with a footing, columns set at regular intervals and a trim cap or other similar treatment denoting the top of the wall; which is built to industry standards. (Ord. 2839 § 9, 2004)

Wall, crib.

A "crib wall" is a retaining wall system that does not exceed a three to one slope and that provides for landscape pockets with a minimum dimension of four inches wide by four inches tall. (Ord. 2839 § 10, 2004: Ord. 2838 § 10, 2004)

Writing.

"Writing" means and includes any form of message recorded in English and capable of visual comprehension. (Prior code § 9111(W)(2))

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.06.240 - "X" land uses.

Reserved.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.06.250 - "Y" land uses.

Yard.

"Yard" means an area upon a lot, other than a court or open space, required as a front, side or rear yard, which shall be maintained unoccupied and unobstructed from the ground upward without any

encroachments therein, except as expressly authorized in this title. (Prior code § 9111(Y)(1))

Yard, above grade.

"Yard above grade" means a lot, which has a yard setback that slopes up away from the street or alley a minimum slope of ten percent. (Ord. 2839 § 11, 2004: Ord. 2838 § 11, 2004)

Yard, below grade.

"Yard below grade" means a lot, which has a yard setback that slopes down away from the street or alley with a minimum slope of ten percent. (Ord. 2839 § 12, 2004: Ord. 2838 § 12, 2004)

Yard, front.

"Front yard" means a yard extending across the full width of a lot, immediately adjacent to the front lot line thereof. The depth of a required front yard shall be the specified horizontal distance measured between the front lot line and a line parallel thereto on the lot. (Prior code § 9111(Y)(2))

Yard, rear.

"Rear yard" means a yard extending across the full width of a lot, immediately adjacent to the rear lot line thereof. The depth of a required rear yard shall be the specified horizontal distance measured between the rear lot line and a line parallel thereto on the lot. (Prior code § 9111(Y)(3))

Yard, side.

"Side yard" means a yard extending from the rear line of a required front yard, or the front lot line where no front yard is required, to the front line of the required rear yard, or the rear lot line where no rear yard is required. The width of the required side yard shall be the specified horizontal distance measured between each side lot line and the line parallel thereto on the lot. (Prior code § 9111(Y)(4))

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.06.260 - "Z" land uses.

Zones.

"Zones" means those zones established pursuant to Chapter 18.08 of this code. (Ord. 2694 § 2 (part), 1996: prior code § 9111(Z)(1))

Zoning map; map.

"Zoning map or map" means the official zoning map of the city, referred to in Chapter 18.08 of this code. (Prior code § 9111(Z)(2))

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Chapter 18.07 - LAND USE DEFINITIONS

[18.07.005] - Applicability.

The definitions of this chapter are applicable to the land use types of the R-5, C-2-HO, INV, MU-1, MU-2, MU-3, MED, PQP, PUT, and GC zones, and may apply to other zones within the city where a land use has not been separately defined in Chapter 18.06. Should any conflict or similarities between a land use type definition exist between this chapter and other provisions of Title 18, the definition as provided in Chapter 18.07 shall prevail and/or the director shall have the authority to make such interpretation, if required.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.07.010 - "A" land uses.

"Adaptive reuse of historic structures" means the process of reusing an existing historic building for a purpose other than which it was originally built or designed for. The type of reuse is subject to the same permit approval type that may be required for a property within a particular zone; e.g. a use that requires a conditional use permit to establish the use would still apply to an adaptive reuse of historic structures; or, if a use is not listed or prohibited, then the use would not be permitted for an adaptive reuse of historic structures.

"Alcoholic beverage sales (off-site)" means the retail sale of beer, wine, and/or other alcoholic beverages for off-premises consumption. Does not include grocery stores, supermarkets, or drugstores selling alcohol as an accessory line of food products or beverages and where less than ten percent of the gross floor area is devoted to the display of alcohol.

"Alcoholic beverage sales (on-site)" means the retail sale of beer, wine, and/or other alcoholic beverages for on-premises consumption and is limited to being accessory to a principal use.

"Alcoholism or drug recovery or treatment facility" means a facility as defined and licensed under the California Code of Regulations, Title 9, Division 4, Chapter 5.

"Ambulance fleet services" means a base facility where ambulances and similar vehicles are parked and from which they are dispatched, and/or where ambulance vehicles and crews are not based at a hospital or fire department standby for emergency calls.

"Animal boarding/kennels" means the commercial provision of shelter and care, daily or overnight, for domestic animals, including activities associated with such shelter and care

"Animal grooming" means the commercial provision of bathing and trimming services for domestic and exotic animals. Overnight boarding is not allowed.

"Animal sales and grooming" means retail sales of domestic and exotic animals, bathing, and trimming services, and boarding of said animals for a maximum period of seventy-two hours, conducted entirely within an enclosed building with no outdoor use.

"Art, antique, collectable" means retail sales uses, including antique shops, art galleries, curio, gift, and souvenir shops, and the sales of collectible items including sports cards and comic books. A store selling handcrafted items that are produced on the site is defined separately as an "artisan shop."

"Artisan shops" means a retail store selling art, glass, ceramics, jewelry, and other handcrafted items, where the facility includes an area for the crafting of the items being sold.

"Artisanal and specialty manufacture, display, and sales" means an establishment that specializes in artisan food production, art glass, ceramics, jewelry, paintings, sculpture, and other handcrafted items, where the facility includes a retail component.

"Assembly/meeting facilities, public or private" means a stand-alone facility for public or private assembly and meetings (i.e., banquet halls, community centers, conference/convention facilities, meeting halls for clubs and other membership organizations).

"Athletic courts" means an outdoor uncovered surface used for active recreation, games, or sports. Examples of athletic courts include tennis court, pickle ball court, paddle court, badminton court, bocce court, and basketball court.

"Athletic fields" means facilities used for sporting activities such as softball, baseball, football, soccer, running track, tennis, and other non-motorized sports. Athletic fields may include bleachers, concession stands, lights, restrooms, and other supporting facilities."

"Auto body repair." This use includes major repair and body work-repair facilities dealing with entire vehicles; such establishments typically provide towing, collision repair, other body work, and painting services and may also include tire recapping establishments. All auto-related work shall be conducted within an enclosed structure.

"Auto dismantling yard" means an outdoor establishment primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials from automobiles, including auto wreckers engaged in dismantling automobiles for scrap, and the incidental wholesale or retail sales of parts from those vehicles.

"Automobile and other vehicle customizing shop" means the repair, alteration, restoration, towing, painting, cleaning (e.g., self-service and attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats, and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. All auto-related work shall be conducted within an enclosed structure.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.07.020 - "B" land uses.

"Banks and financial services" means financial institutions such as banks and trust companies, credit agencies, holding (but not primarily operating) companies, lending and thrift institutions, and investment companies. Also includes automated teller machines (ATM). Does not include check cashing or finance lending businesses that do not qualify as a "financial institution" under state law.

"Bars and nightclubs" means any bar, cocktail lounge, discotheque, or similar establishment, which may also provide live entertainment (e.g., music and/or dancing, comedy) in conjunction with alcoholic beverage sales. These facilities do not include bars that are part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages.

"Bike parks" means a facility specifically designed for bicycling, skateboarding, roller skating or rollerblading, containing structures such as ramps and basins.

"Biomedical research, manufacturing" means indoor facilities for scientific research, and the design, development, and testing of electrical, electronic, magnetic, optical, and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site. Includes but is not limited to chemical and biotechnology research and development. Does not include computer software companies (see "offices, business and professional"), soils and other materials testing laboratories (see "business support services"), or medical laboratories (see "medical services, general"). Does not include medical or recreational marijuana (cannabis) research facilities.

"Brew pub" means an establishment that produces ales, beers, meads, hard ciders, and/or similar beverages to serve on site. Sale of beverages for off-site consumption is also permitted in keeping with the regulations of the alcoholic beverage control (ABC). Service of brewed beverages must be in conjunction with the service of food. Manufacturing activities shall occur entirely within an enclosed building or outdoor work area screened from public view and be separated from the restaurant portion of the facility by applicable building codes. All beverage tasting shall occur within the restaurant portion of the facility. Brew pubs may not produce more than five thousand barrels of beverage (all types of beverages combined) annually per ABC licensing standards. May also include the wholesale distribution of beverages for off-site consumption.

"Brewery, winery, distillery" means a facility where specific alcoholic beverages are manufactured. Incidental to the manufacturing process, a tasting area not to exceed twenty percent of the floor area is allowed. Tasting shall follow all guidelines established and enforced by alcoholic beverage control. All manufacturing activities occur within a completely enclosed building or in an outdoor work area screened from view. Off-site sales of alcoholic beverages are allowed at this facility consistent with regulations of ABC licensure.

"Broadcast studio/recording studio" means an establishment containing one or more studios for over-theair, cable or satellite delivery of radio or television programs, or studios for the audio or video recording or filming of musical performances, radio or television programs or motion pictures. Does not include "wireless telecommunication facility," which is defined separately.

"Business support services" means establishments primarily within buildings, providing other businesses with services such as maintenance, repair and service, testing, rental, etc. Support services include but are not limited to office equipment repair services; commercial art and design; computer rental or repair; copying, quick printing, and blueprinting services; film processing labs; mailbox services and other similar services.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.07.030 - "C" land uses.

"Car wash" means permanent, drive-through, self-service, and/or attended car washing establishments, including fully mechanized facilities. May include detailing services.

"Caretaker residence" means a permanent dwelling unit that is secondary or accessory to a nonresidential use of the property and used for housing a caretaker employed on the site where needed for security purposes or to provide twenty-four-hour care or monitoring of people, animals, equipment, or other conditions on the site.

"Catering business" means a business preparing and/or packaging food for off-site consumption, excluding those of an industrial character in terms of processes employed, waste produced, water used, and traffic generation. Typical uses include traditional catering kitchens, community kitchens, ghost kitchens, commissary kitchens, bakeries with onsite retail sales, and small-scale specialty food production.

"Child day care facility" means a state-licensed facility which provides nonmedical care, protection, and supervision to more than fourteen children under eighteen years of age, on a less than twenty-four-hour basis. Commercial or nonprofit child day care facilities include infant centers, preschools, sick-child centers, and school-age day care facilities.

"Childcare center" means any childcare facility of thirteen or more children (other than a family childcare home), and includes infant centers, preschool, and extended child care facilities. Such a facility shall provide non-medical services to children under eighteen years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour basis.

"Clubs/social organization facility or lodge" means the use of a site for provision of meeting, recreational, or social facilities by a private or nonprofit association, primarily for use by members and guests. This use includes private social clubs and fraternal organizations.

"Community garden" means an otherwise undeveloped lot divided into multiple plots for the growing and harvesting of fruits, vegetables, flowers, fiber, nuts, seeds, or culinary herbs, primarily for the personal use of the growers, and that is established, operated, and maintained by a group of persons, or in conjunction with the city.

"Congregate care" means a building, other than a hotel, boardinghouse, or rooming house, providing living quarters without kitchens for individuals not less than fifty-five years of age or couples, one spouse of which is not less than fifty-five years of age, where meals for residents and their guests are provided from a common kitchen and served in a common dining area, where a lobby, parlor, or other public room is provided, and with quarters or apartments for staff members, and recreation facilities, convalescent care facilities, and public rooms for the general use of residents and their guests, together with such yards or open spaces and other facilities as may be required by this chapter

"Convenience store" means an establishment with a sales area of five-thousand square feet or less which sells primarily food, household, and personal convenience items.

"Corporation yard" means a type of industrial property that is used for the storage and maintenance of vehicles, equipment, and materials. Corporation yards are typically owned and operated by corporations, but they may also be owned and operated by other types of businesses, such as government agencies, nonprofit organizations, and educational institutions.

"Cultural centers" means a facility engaged in activities to serve and promote aesthetic and educational interest in the community that are open to the public on a regular basis. This definition includes performing arts centers for theater, music, dance, and events; spaces for display or preservation of objects of interest in the arts or sciences; libraries; museums; historical sites; art galleries; and zoos and botanical gardens. Facilities may include space for classes or lectures.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.07.040 - "D" land uses.

"Day care, adult" means an establishment or facility that provides nonmedical care and supervision to a person who is eighteen years of age or older, where the care is provided for periods of less than twentyfour hours per day. Does not include residential care facilities, convalescent hospitals, or nursing homes.

"Day care, family" means a day care facility licensed by the state of California, located in a residential unit where resident of the dwelling provides care and supervision for children under the age of eighteen for periods of less than twenty-four hours a day.

"Distribution facility" means a building that serves as a hub to store finished goods, streamline the picking and packing process, and ship goods out to another location or final destination.

"Dog parks" means a stand-alone park or an area in a park that is specifically designated for dogs to be off leash.

"Drive-in or drive-up businesses" means an establishment that sells products or provides services to occupants in vehicles, including drive-in or drive-up windows and drive-through services. Examples include, but are not limited to, fast-food restaurants, banks, dry cleaners, and pharmacies. Drive-through facilities do not include "click and collect" facilities in which an online order is picked up in a stationary retail business without use of a drive-in service.

roducts or provides services to occupants in vehicles, including drive-in or drive-up windows and drive-through services. Examples include, but are not limited to, fast-food restaurants, banks, dry cleaners, and pharmacies. Drive-through facilities do not include "click and collect" facilities in which an online order is picked up in a stationary retail business without use of a drive-in service.

"Drive-through facilities" means a facility where services and purchases of minor items may be obtained by motorists without leaving their vehicles. Examples of such facilities include drive-up bank teller windows, pharmacies, dry cleaners, coffee kiosks and other similar uses. Excludes "drive-through restaurants," which are defined separately.

"Dwelling unit, accessory" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. An accessory dwelling unit is an accessory use and not a principal use of land. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation, and shall be located on the same lot as the single-family dwelling to which it is subordinate (the primary dwelling), and shall have a separate exterior entrance.

"Dwelling unit, multi-family" means a building designed and intended for occupancy by three or more families living independently of each other, each in a separate dwelling unit, which may be owned individually or by a single landlord (e.g., apartment, apartment house, townhouse, condominium).

"Dwelling unit, single-family" means a dwelling that is detached or attached to another dwelling, excluding accessory dwellings, located on a single parcel for occupancy by one family. Each dwelling is owned in fee, located on an individual parcel, and may be joined to another dwelling along a single lot line or through a recorded condominium plan. If located along a single lot line, each dwelling is totally separated from the other by an un-pierced vertical wall extending from ground to roof. Row houses and townhouses are examples of this dwelling unit type. Construction of any single-family dwellings includes the use of foundational mobile and manufactured homes.

"Dwelling unit, two-family" means an attached building (e.g., duplex) designed for occupancy by two families living independently of each other, where both dwellings are located on a single lot. More than one two-family dwelling may be located on a single lot consistent with the density provisions of the general plan. Does not include accessory dwelling units.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.07.050 - "E" land uses.

"Electrical and electronic equipment manufacturing/assembly" means facilities to assemble various electronic components and computer parts.

"Emergency shelter" means any facility in which the primary purpose is to provide temporary (six months or less) or transitional shelter for general or specific homeless populations, as defined in Section 50801 of the California Health and Safety Code.

"Employee housing" means privately owned housing that is provided by an employer in connection with any work, whether or not rent is involved, as regulated by the State Health and Safety Code, Division 13, Part 1.

"Extended-stay hotels" means a building or group of buildings containing lodging accommodations of one or more rooms typically let for periods of a week or more and that contain standard kitchens and appliances and other facilities to support such extended occupancy. To constitute an extended stay hotel, each hotel room must contain kitchen facilities to include a range cooktop, microwave or conventional oven, refrigerator, and sink, and must allow stays longer than thirty days.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.07.060 - "F" land uses.

"Farmers' markets" means an outdoor market certified for direct retail sales by farms to the public by the state or county agricultural commission under California Code of Regulations Title 3, Chapter 3, Article 6.5. Farmers' Markets can also include limited sales of crafts and goods.

"Flood control facilities" means a structure designed and constructed to control floodwater.

"Food storage and distribution" means the process of storing and transporting food from the point of production to the point of consumption. This includes activities such as:

Receiving and inspecting food;

Storing food in a safe and sanitary environment;

3.

Preparing food for distribution;

Transporting food to retailers and consumers.

"Furniture manufacturing" means a manufacturing facility producing wood and metal furniture and appliances; bedsprings and mattresses; all types of office furniture and partitions, shelving, lockers, and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes wood and cabinet shops, but not sawmills or planning mills, which are uses included under "lumber and wood products manufacturing."

"Furniture, furnishings, and appliance stores" means a store that primarily sells the following products and related services, that may also provide incidental repair services:

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.07.070 - "G" land uses.

"Garden center/plant nursery" means establishments providing for the cultivation and sale of ornamental trees, shrubs, and plants, including the sale of garden and landscape materials (packaged and/or bulk sale of unpackaged materials) and equipment.

"Golf course" means an area of land laid out for golf with a series of nine or eighteen holes each including tee, fairway, and putting green and often one or more natural or artificial hazards with accessory improvements that may include clubhouses, athletic courts, and swimming pools.

"Government facilities" means an area or structure owned, operated, or occupied by a governmental agency to provide a governmental service to the public (e.g., corporate yard, city hall, community recreation center, post office, library, etc.).

"Grocery Stores/Supermarkets" means retail establishments that generally occupy a gross floor area ranging from ten thousand to fifty-five thousand square feet and carry a broad range of food products (e.g., fresh fruits; fresh vegetables; baked goods, meat, poultry, and/or fish products; frozen foods; and processed and prepackaged foods).

"Gymnasiums" means a facility designed for indoor basketball, gymnastics, volleyball, and other indoor sports use, with or without provisions for spectators seating.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.07.080 - "H" land uses.

"Handicraft industries and small-scale manufacturing" means an establishment where products are crafted or manufactured by hand or with minimal equipment.

"Health facilities" means a facility as defined under the California Health and Safety Code Section 1250 and licensed by the California Department of Healthcare Services. The facility, place, or building is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more person, to which the persons are admitted for a

twenty-four-hour stay or longer, and includes the following: General acute care hospital, acute psychiatric hospital, skilled nursing facility, intermediate care facility, intermediate care facility/developmentally disabled habilitative, special hospital, intermediate care facility/developmentally disabled, intermediate care facility/developmentally disabled—nursing, congregate living health facility, correctional treatment center, or nursing facility.

"Heliport" means an area used for the landing, parking, or takeoff of helicopters including operations facilities (e.g., fueling, loading, and unloading, maintenance, storage, terminal facilities, etc.)

"Helistop" means a single pad used for the landing, parking, or takeoff of one helicopter and other facilities as may be required by Federal and State regulations, but not including operations facilities (e.g., fueling, loading and unloading, maintenance, storage, terminal facilities, etc.)

"Home based business" means an occupation, calling or profession carried on by a resident of a dwelling unit as an accessory use. The home-based business shall not change the integrity and residential character of a neighborhood.

"Home improvement sales/services" means indoor commercial and wholesale uses including building, electrical, and plumbing sales and service, tool and equipment rental, sales and service.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.07.090 - "I" land uses.

"Indoor amusement/entertainment facility" means establishments providing indoor amusement and entertainment services for a fee or admission charge, including dance halls and ballrooms, as primary uses. This use does not include adult entertainment establishments as defined in Chapter 18.44.

"Indoor commercial recreation" means an establishment that provides amusement, entertainment, or physical fitness services that typically occur indoors for a fee or admission charge. Indoor recreational facilities include: Arcades, art/dance/exercise studio, bowling alleys, drama/voice/instrument instructional studio, ice skating and roller skating, indoor archery and shooting range, indoor play center (rock climbing or inflatable party place), indoor soccer or hockey facility, laser tag, martial arts studio, swimming pool or other indoor sports activity, tennis, handball, badminton, racquetball.

"Indoor fitness and sports facility" means a business where predominantly fitness and health activities with facilities for weight-lifting, cardio, sport courts, and similar fitness apparatus that are conducted entirely within an enclosed building.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.07.100 - "J" land uses.

[Reserved.]

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.07.110 - "K" land uses.

[Reserved.]

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.07.120 - "L" land uses.

"Laboratories" means a facility equipped for scientific experiments, research, teaching, or for the manufacture of drugs/ chemicals.

"Libraries and museums" means public or quasi-public facilities including aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums, which are generally noncommercial in nature.

"Light manufacturing" means a light industrial business where all processing, fabricating, assembly, or disassembly of items takes place wholly within an enclosed building and does not involve the use or production of flammable, explosive, or other hazardous materials. Associated distribution/ storage space may not exceed forty-nine percent of the total operation.

"Live-work units" means an integrated residence and working space, occupied and utilized by a single household, in a structure, either single-family or multi-family, that has been designed or structurally modified to accommodate joint residential occupancy and work activity.

"Lodging facilities" means facilities with guest rooms or suites, provided without kitchen facilities, rented to the public for transient lodging (less than thirty days). Hotels provide access to most guest rooms from an interior walkway and typically include a variety of services in addition to lodging, for example, restaurants, meeting facilities, personal services, etc. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.

"Low barrier navigation center" means a housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. Low barrier includes best practices to reduce barriers to entry, such as allowing partners, pets, storage of personal items, and privacy. See Government Code Section 65660.

ter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. Low barrier includes best practices to reduce barriers to entry, such as allowing partners, pets, storage of personal items, and privacy. See Government Code Section 65660.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.07.130 - "M" land uses.

"Maintenance and repair, small equipment" means establishments providing on-site repair and accessory sales of supplies for appliances, office machines, home electronic/mechanical equipment, small medical equipment, bicycles, tools, or garden equipment, conducted entirely within an enclosed building.

"Maintenance yards" means a facility providing maintenance and repair services for vehicles, equipment, and materials storage areas.

"Manufacturing" means establishments engaged in the manufacturing of finished parts or products, either from raw materials or previously prepared materials, within an enclosed structure. Includes processing,

fabrication, assembly, treatment, testing (e.g., laboratories), packaging, incidental office storage, sales, and distribution of the parts or products, and laundry and dry-cleaning plants.

"Mixed-use development" means an approach to land use development that involves integrating two or more different types of uses on the same property as part of a unified development. Generally, mixed-use development consists of residential and non-residential uses integrated either vertically in the same structure or group of structures, or horizontally on the same development site where parking, open spaces, and other development features are shared.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

"Neighborhood market" means a pedestrian-oriented grocery/specialty market store offering food products packaged for preparation and oriented to the daily shopping needs of surrounding residential areas. Neighborhood markets are more than five thousand square feet and less than fifteen thousand square feet in size and operate less than eighteen hours per day.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.07.150 - "O" land uses.

"Offices, business and professional" means offices of administrative businesses providing direct services to consumers, professional offices, and offices engaged in the production of intellectual property.

"Offices, medical and dental" means a facility, other than a hospital, where medical, dental, mental health, eye care, surgical, acupuncture, massage therapy, and/or other personal health care services are provided on an outpatient basis by chiropractors, medical doctors, psychiatrists, opticians, etc., licensed by the state.

"Offices, research and development" means a facility occupied by a business that engages in research, or research and development, of innovative ideas in technology- intensive fields, or in various fields of science. Includes the building of prototypes and testing, but no manufacturing, loud noise, odors, hazardous materials, etc.

"Outdoor commercial recreation" means facilities for various outdoor participant sports and types of recreation where a fee is charged for use (e.g., amphitheaters, amusement and theme parks, golf driving ranges, health and athletic clubs with outdoor facilities, miniature golf courses, skateboard parks, stadiums and coliseums, swim and tennis clubs, water slides, zoos).

"Outdoor education" means an education program which typically involves hands-on learning experiences that take place in natural settings, such as forests, parks, and beaches. These programs can be designed for children, youth, or adults, and they can focus on a variety of topics, such as environmental science, outdoor recreation, and leadership development.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.07.160 - "P" land uses.

"Park and ride facility" means a parking structure or surface parking lot intended primarily for use by persons riding transit or carpooling.

"Parking facilities" means a public or private space dedicated to accommodating vehicle parking stalls, backup area, driveways, and aisles and in which vehicle parking is the primary use of the site. Includes surface parking lots and parking structures/garages. Parking facilities may be operated as fee-based or free-of-charge.

"Parks and public plazas" means public parks including playgrounds and athletic fields/courts and public plazas and outdoor gathering places for community use.

"Personal services" means establishments providing nonmedical services as a primary use, including, but not limited to, barber and beauty shops, massage, permanent makeup application, clothing rental, dry cleaning pick-up stores with limited equipment, laundromats (self-service laundries), shoe repair shops, tailors, wellness centers offering skin care, personal training, nutritional consulting, or alternative mind/body healing services.

"Pharmacy (pharmacies)" means an establishment that dispenses prescription drugs and sells medical equipment and supplies for home health care

"Printing and publishing" means an establishment providing printing, blueprinting, photocopying, engraving, binding, and related services.

"Private clubs" means meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests.

"Public safety facility" means a facility operated by a public agency including fire stations, other fire prevention and firefighting facilities, police and sheriff substations and headquarters.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.07.170 - "Q" land uses.

[Reserved.]

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.07.180 - "R" land uses.

"Religious institutions" means a facility operated by a religious organization for worship or the promotion of religious activities (e.g., churches, mosques, synagogues, temples) and accessory uses on the same site (e.g., living quarters for ministers and staff, child day care facilities which were authorized in conjunction with the primary use).

"Research and development, and research and development, medical" means establishments engaged in industrial, scientific or medical research, including product testing. Includes electronic research firms or pharmaceutical research laboratories.

"Residential care facility" means facilities that are licensed by the State to provide permanent living accommodations and twenty-four-hour primarily non-medical care and supervision for persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions, including hospices, nursing homes, convalescent facilities, and group homes for minors, persons with disabilities, and people in recovery from alcohol or drug addictions.

"Restaurant with drive-through" means a restaurant that offers food and beverage service to customers who remain in their vehicles.

"Restaurant, eating and drinking establishments" means a retail business selling food and beverages prepared and/or served on the site, where patrons are served food at tables for on-premises consumption, but may also include the sale of menu items for pick-up/take-out service. Such establishments may be licensed by the state department of alcoholic beverage control (ABC) to sell and serve alcoholic beverages for on-site consumption during the same operational hours of food/menu service.

"Retail, accessory" means a retail or service use that is customarily a part of, and clearly incidental and secondary to, a nonresidential use and does not change the character of the nonresidential use. Typically, the retail sales of various products in a store or similar facility or the provision of services in a defined area that is located within a health care, hotel, office, or industrial complex for the purpose of serving employees or customers. The area is not visible from public streets, has no outside signs, and has no designated parking spaces.

"Retail, bulk merchandise" means retail establishments engaged in selling goods or merchandise to the general public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale of the goods. Bulk retail is differentiated from general retail by either high volume of sales of related and/or unrelated products in a warehouse setting; or the sale of goods or merchandise that require a large amount of floor space and that are warehoused and retailed at the same location.

"Retail, general" means establishments selling goods or merchandise, not specifically listed under another land use. This classification includes department stores, clothing stores, furniture stores, pet supply stores, hardware stores, and businesses retailing goods such as: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machines, computer, electronics, and similar small-item repairs. Retail sales include spaces to make your own art (e.g., pottery, paintings, etc. that serve walk-in customers and appointment slots for groups).

"Retail, limited" means retail sales limited to deli, coffee shop, salon, drug stores and pharmacies, hardware stores, or similar small-scale establishments.

"Retail, regional anchor" means a retail establishment that sells shopping goods, general merchandise, apparel, furniture, and home furnishings in full depth and variety. A regional retail anchor has a minimum gross leasable area of one hundred thousand square feet and is located within a "regional shopping

center." Includes department stores and "big box" and "superstore" uses not specializing in the sale of large-scale goods or bulk merchandise.

"Retail, special/quality" means an establishment selling goods or merchandise, not specifically listed under another land use, to the general public for personal or household consumption including: specialty food and specialty goods.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.07.190 - "S" land uses.

"School, private" means a school that is established, conducted, and primarily financially supported by a non-governmental agency or group of individuals.

"School, public" means a school that is financially supported by a local, city, county, state, or other government authority.

"Schools, technical and trade" means a school or institution providing longer-term (at least one year) programs leading to proficiency, certification, and associate degrees in vocational programs, including computers, mechanical, food and hospitality service, automotive and aircraft services, surveying, welding, photography, carpentry, agriculture, horticulture, electrical, plumbing, and construction trades.

"Seasonal sales" means the temporary retail sale of seasonal merchandise, subject to a temporary use permit. Examples include farm produce stands, Christmas tree sales lots, and pumpkin patches.

"Secondhand store/thrift store" means a retail establishment selling secondhand goods donated by members of the public.

"Senior residential project" means dwellings designed for persons at least sixty-two years of age, or a person at least fifty-five years of age who meets the qualifications found in Section 51.3 of the California Civil Code. Includes senior apartments, retirement communities, retirement homes, homes for the aged. Does not include extended care facilities such as convalescent homes or skilled nursing facilities, assisted living facilities or senior care facilities. Does not include housing, senior citizen. See "housing, senior citizen"

"Service stations—General" means A commercial facility that sells gasoline, diesel, and/or alternative fuel for the on-site fueling of individual vehicles. May include incidental "minor" maintenance and repair of automobiles and light duty trucks, vans, or similar size vehicles. May also include a convenience store operated by the service station owner.

"Service stations limited" means an establishment that sells gasoline, diesel, and/or alternative fuel for the on-site fueling of individual vehicles and may include a convenience store operated by the service station owner. Does not include incidental "minor" maintenance and repair services.

"Single-room occupancy" means a building, or buildings constructed or converted for residential living consisting of one-room dwelling units, where each unit is occupied by a single individual or two persons living together as a domestic unit, and where the living and sleeping spaces are combined. A unit that

contains both a bathroom and kitchen shall be considered a studio unit and not a single-room occupancy unit.

"Solid waste facilities" means a solid waste transfer or processing station, a composting facility, recycling, a transformation facility, or a disposal facility as approved by the city.

"Stormwater retention, detention, or treatment (SRDT)" means a structure that is designed to temporarily store or treat stormwater runoff. SRDT facilities can be used to reduce flooding, improve water quality, and conserve water resources.

"Studio—Art, dance, martial arts, music, yoga, etc." means a small-scale facility with one classroom/instruction space, typically accommodating one group of students at a time, in no more than one instructional space.

"Supportive housing" as defined in California Health and Safety Code Section 50675.14(b)(2): "Supportive housing means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community."

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.07.200 - "T" land uses.

"Tasting area" means an ancillary tasting of alcoholic beverage product associated with a food and beverage manufacturing use or a general retail use when that general retail use includes the sale of beer, wine, and distilled spirits for off-site consumption. A beverage tasting area cannot exceed twenty percent of the gross floor area of the food and beverage manufacturing or general retail use to which it is associated unless approved by administrative use permit to exceed no more than thirty percent gross floor area. On-site tasting areas are included as an accessory use in brewery, winery, distillery.

"Tasting room" means a facility allowing beer, wine, or spirits tasting with on-site and off-site retail sales directly to the public (or shipped). The tasting room facility must be directly affiliated with a minimum of one brewery, winery, or distillery, meeting all applicable requirements of state and federal licensure. The tasting room may be operated as a standalone retail use. Food preparation is not permitted. Prepackaged foods may be sold on premises. Patrons may carry food on site for personal consumption. Any facilities not operating with these standards are considered bars and nightclubs.

"Theater and auditoriums" means indoor facilities for group entertainment, other than sporting events (e.g., civic theaters, facilities for "live" theater and concerts, exhibition and convention halls, motion picture theaters, auditoriums).

"Transit facility" means a facility or location with the primary purpose of transfer, loading, and unloading of passengers and baggage. May include facilities for the provision of passenger services such as ticketing, restrooms, lockers, waiting areas, passenger vehicle parking and bus bays, for layover parking, and interior bus cleaning and incidental repair. Includes rail and bus terminals but does not include terminals serving airports or heliports.

primary purpose of transfer, loading, and unloading of passengers and baggage. May include facilities for the provision of passenger services such as ticketing, restrooms, lockers, waiting areas, passenger vehicle parking and bus bays, for layover parking, and interior bus cleaning and incidental repair. Includes rail and bus terminals but does not include terminals serving airports or heliports.

"Transit stations and terminals" means a facility where passengers board and disembark from public transportation, such as buses, trains, and streetcars. Transit terminals are larger facilities that may include multiple transit stations, as well as parking, retail, and office space.

"Transitional housing" means a building where housing linked to supportive services is offered, usually for a period of up to twenty-four months, to facilitate movement to permanent housing for persons with low incomes who may have one or more disabilities, and may include adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

"Utility facility" means facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the facilities that are not exempted from land use permit requirements by Government Code Section 53091: electrical substations and switching stations, natural gas regulating and distribution facilities, public water system wells, treatment plants and storage, telephone switching facilities, wastewater treatment plants, settling ponds and disposal fields. Does not include office or customer service centers or equipment and material storage yards.

"Utility infrastructure" means pipelines for potable water, reclaimed water, natural gas, and sewage collection and disposal, and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television, and other communications transmission facilities utilizing direct physical conduits. Does not include wireless telecommunication facility.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.07.220 - "V" land uses.

"Veterinary services" means a veterinary facility that is primarily enclosed, containing only enough cage arrangements as necessary to provide services for domestic and exotic animals requiring acute medical or surgical care with accessory outdoor use that provides long-term medical care.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

"Water and wastewater facilities" means the structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and transport effluent to a watercourse.

"Wireless telecommunication facility" means a facility as defined and regulated by Chapter 18.47.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.07.240 - "X" land uses.

[Reserved.]

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.07.250 - "Y" land uses.

[Reserved.]

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.07.260 - "Z" land uses.

[Reserved.]

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Chapter 18.08 - ESTABLISHMENT OF ZONES AND ZONING MAP

18.08.010 - Zones designated.

A.

The following zones are established within the city, in order to carry out the purpose of this title and to implement the 2021-2040 Envision Whittier General Plan:

(Ord. 2694 § 2 (part), 1996: prior code § 9115)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

There is adopted an "official zoning map" for the city, a true copy of which is marked as such. It is attached to the ordinance codified in this section and incorporated herein by this reference. All properties within the city are placed in the zones as indicated on the map. The map shall remain on file in the office of the city clerk. All changes to the map shall be noted on the map by the director, as soon as the same become effective. The map shall be amended by reference to this section.

(Prior code § 9116; Ord. No. 3112, § 4, 2-25-20; Ord. No. 3159, § 3(Exh. A), 11-12-24)

Any property which for any reason is not designated on the map as being classified in any zone shall be classified as zone R-E.

(Prior code § 9117)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Except as expressly provided in this title, the provisions of Articles I, II and III of Chapter 4, Title 7 of the Government Code of the state, consisting of Sections 65800 through and including 65803, inclusive; Sections 65850 through and including 65861, inclusive; and Sections 65900 through and including 65908, inclusive, the same being a portion of the planning and zoning law of the state, are made applicable to the

city. all matters presently pending in the city shall be processed insofar as is possible in conformity with the applicable provisions of the planning and zoning law referred to in this section.

(Prior code § 9118)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Notwithstanding any other provision of this title, any zoning designation which includes, in parentheses, a number, the same shall be deemed to be the minimum lot area; if such number is greater than one hundred, it means the minimum lot area in square feet. If the number is less than one hundred, it shall indicate the minimum lot area in acres.

(Prior code § 9119)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Notwithstanding any other provision of this title, a zoning designation which includes in parenthesis a number followed by the letter "w" shall include a minimum lot width required in the zone equivalent in feet to that number.

(Ord. 2469 § 2(a), 1989)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Notwithstanding any of the provisions of this chapter, whenever an area of the city has been included in a specific plan adopted pursuant to Government Code Title 7, Division 1, Chapter 3, Article 8 (Government Code Section 65450 et seq.), if such plan contains any standards relating to land usage, such standards shall control to the exclusion of any contradictory provisions of this chapter.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Editor's note— Ord. No. 3159, § 3(Exh. A), adopted Nov. 12, 2024, amended § 18.08.060 in its entirety to read as herein set out. Former § 18.08.060 pertained to redevelopment plans and specific plans and derived from prior code § 9119.1; and Ord. No. 3121, § 4, adopted Aug. 25, 2020.

Chapter 18.09 - OS OPEN SPACE ZONE

The purpose of the open space (OS) zone and provisions of this chapter is the delineation of wildlands, wildlife and wildlife habitat. Restoration and protection of such areas provides valuable resources for the community, and surrounding communities, through conservation and integrated use. The OS zone standards shall endeavor to continuously provide appropriate access to open space areas while minimizing visitor impact on preserve resources, and avoiding conflicts between various activities.

Extremely limited development and disturbance of natural features within designated OS areas will be permitted, and only in the interest of public use, safety, or welfare shall such modifications occur.

(Ord. 2694 § 2 (part), 1996)

The OS zone shall be applied to areas in which wildlands, wildlife and natural ecosystems are to be protected or conserved. Such areas may be modified to accommodate low impact recreational activities. Alterations to existing land forms and topography shall be limited.

(Ord. 2694 § 2 (part), 1996)

Land shall be essentially unimproved and devoted, used or utilized for the preservation of natural resources, plant and animal life, and low impact recreational uses. The following uses shall be permissible in the OS zone, specifically when deemed necessary for public safety, welfare or interest:

A.

Water facilities, reservoirs, flood control facilities, debris basins, and any use common and appurtenant to the containment, control, storage or distribution of water;

B.

Electrical transmission substations, communications equipment, microwave radio and telephone transmission facilities necessary for the operation of public utility functions and/or easements thereto;

C.

Fire control measures, including vegetation clearance and management, where necessary to ensure public safety and welfare.

(Ord. 2694 § 2 (part), 1996)

The following uses shall be prohibited within the OS zone:

A.

Residential uses, other than property caretaker units;

B.

Commercial uses (except unmanned wireless telecommunication facilities, subject to the development standards contained within Chapter 18.47);

C.

Industrial uses.

(Ord. 2694 § 2 (part), 1996)

(Ord. No. 2949, § 1, 2-23-10)

Chapter 18.10 - RESIDENTIAL ZONES GENERALLY

Sections:

The provisions of this chapter shall be applicable to each lot classified in any R zone, hereafter "such lots."

(Prior code § 9120)

Except as otherwise stated, for all zones where the municipal code allows residential uses, the following are the only accessory uses which are allowed based upon the residential use on l such lot:

A.

Household Pets.

1.

R-E, H-R and R-1 zones: dogs and/or cats, not to exceed three per lot,

2.

All other zones which allow for residential uses: dogs and/or cats, not to exceed two per dwelling unit, and

3.

All zones which allow for residential uses: any number of fish or birds, if allowed by, and subject to, the provisions of Section 18.06.228;

B.

Building Materials. The outdoor storage of building materials is permitted during the construction of any building or structure on that lot, and for a period of thirty days after such construction is completed;

C.

Home Based Business. Home based businesses, other than cottage food operations governed by Subsection (L) below, are permitted, provided that:

1.

No display or storage of goods, materials or products connected with a home occupation shall be allowed in a garage or carport, attached or detached, except that such storage may be kept in cabinets, shelves or as specified in this section. Such cabinets or shelves must not obstruct the required parking area. Trailers used in conjunction with the home-based business must comply with the following:

a.

That such trailers shall not exceed twelve feet in length, nor six feet in height, and

b.

That such trailers shall not be parked or stored within required front or side yards, including driveways, and

c.

That such trailers shall be parked or stored only in a legal parking space or vehicle storage area, and

d.

That no part of the required parking shall be used to store such trailers, and

e.

That parking or storage of such trailers shall be screened from view of the public street by a six-foot-high fence or wall.

2.

No one other than persons residing on the lot where the home occupation is located is regularly employed in such occupation,

3.

No equipment is used in conjunction with such occupation which emits dust, fumes, noise or odor, which would or could interfere with the peaceful use and enjoyment of adjacent properties,

4.

The area to be used for business may encompass not more than one room of the main dwelling or accessory structure, and not exceed twenty-five percent of the floor area or two hundred square feet, whichever is the lesser. No portion of the required parking may be used for the conduct of the business,

5.

No appreciable increase of traffic, pedestrian or vehicular, results from such occupation,

6.

There is no structural alteration of any building or structure,

There is no use of any sign not otherwise permitted in the zone in which the occupation is located; and

8.

That green waste resulting from gardening business shall not be stored at the residence.

D.

Parking. Off-street parking facilities;

E.

Open Space. Open spaces;

F.

Customary Accessory Uses. Those uses found to be customarily utilized as accessory uses pursuant to Section 18.50.030;

G.

Garage Sales. Garage sales involving only the sale of personal property owned by the owner or occupant of the lot upon which conducted shall be permitted if conducted in accordance with the following:

1.

That not more than one such sale shall be permitted on a lot during any three-month period, and permitted on a lot during any three-month period, and

2.

That no portion of any required front or side yard area shall be utilized for such purposes, and

3.

That such sales shall be conducted only during the hours of nine a.m. and six p.m. of any day, and

4.

That no such sale period shall exceed two days.

H.

Accessory Living Area. One accessory living area may be permitted on lots in the H-R, R-E, and R-1 zones with not more than one dwelling unit, located on any portion of a lot where a main building can be placed provided the lot will not have an accessory dwelling unit, subject to the following:

1.

Each lot, for which an application for an accessory living area in excess of four hundred square feet is submitted, shall have a lot area equal to the minimum lot area plus twenty square feet of lot area for each

one square foot of floor area in excess of four hundred square feet, provided that in the R-1 zones with minimum-lot-area of twelve thousand square feet or larger, an accessory living area in excess of six hundred square feet shall have a lot area equal to the minimum lot area plus twenty square feet of lot area for each one square foot of floor area in excess of six hundred square feet,

2.

No accessory living area shall have a floor area in excess of one thousand square feet, unless a conditional use permit has first been approved therefor,

3.

Accessory living areas shall have no kitchen facilities,

4.

No accessory living area shall be in excess of one story in height and shall be prohibited on the second floor, unless a minor conditional use permit has first been approved therefor,

5.

An accessory living area may have no more than four plumbing fixtures, including one bar sink,

6.

The applicant for approval of a permit for an accessory living area shall record a restrictive covenant approved as to form and content by the city attorney, which clearly states the restrictions (not to be used as a rental and/or permanent residence) on the use of the structure. The covenant shall require that the planning director be notified prior to removing the deed restriction,

7.

Accessory living areas shall be designed in the same style and of the similar materials, where appropriate, as the main structure.

I.

Accessory Dwelling Units. Accessory dwelling units shall be permitted in the single-family residential, multifamily residential and mixed-use zones in accordance with the following regulations:

1.

Intent and Findings.

a.

Intent. The intent of this subsection (I) is to ensure that accessory dwelling units and junior accessory dwelling units remain as an accessory use to the residence(s) on site, that structures on parcels are organized to accommodate an accessory dwelling unit and/or junior accessory dwelling unit, and that such dwelling units will not adversely impact surrounding residents or the community. Notwithstanding any

wording within this subsection (I), this subsection (I) should be interpreted to affect the requirements of Government Code sections 66310 through 66342, but to not authorize more than is legally required.

b.

General Plan Consistency. In adopting these standards, the city recognizes that the approval of dwelling units may, in some instances, result in dwelling densities exceeding the maximum densities prescribed by the general plan. The city finds that this occurrence is consistent with the general plan, as allowed under state planning and zoning law applicable to accessory dwelling units and junior accessory dwelling units, and that the amendment furthers the goals, objectives, and policies of the general plan housing element.

c.

Denial. If the city denies an application for an accessory dwelling unit or junior accessory dwelling unit, the city shall, within sixty days from the date the city receives a complete application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

d.

Any additional changes to a primary dwelling unit (single-family, multi-family or mixed-use) that do not relate to the creation of an accessory dwelling unit or junior accessory dwelling unit must comply with the requirements of Title 18, as applicable.

2.

Occupancy and Rental. Except as otherwise authorized by law, accessory dwelling units and junior accessory dwelling units may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence. Rental periods shall not be less than thirty-one days.

3.

Definitions. For purposes of this subsection (I) only:

a.

The terms "accessory dwelling unit", "passageway", "public transit", and "tandem parking" each have the same meaning as that stated in Government Code section 66313 as that section may be amended time to time. For the sake of convenience only, currently Government Code 66313 defines these terms as follows:

i.

"Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: (A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.

ii.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

iii.

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

iv.

"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

b.

"Junior accessory dwelling unit" shall have same meaning as that stated in Government Code section 66313 as that section may be amended from time to time, and developed pursuant to Government Code sections 66333 through 66339. For the sake of convenience only, currently Government Code 65852.22(h) (1) provides:

i.

"Junior accessory dwelling unit" means a unit that is no more than five hundred square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure."

ii.

"Efficiency kitchen" means a kitchen that includes a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of a junior accessory dwelling unit.

c.

"Existing structure" shall mean a structure (primary residence, multi-family residence or accessory structure) that has proper permits issued and finalized for at least one year or the structure has been in existence at least fifty years prior to the submittal of the application.

4.

Accessory dwelling units—Development standards. Except for dwelling units approved pursuant to subsection 6 of this subsection (I), below, all accessory dwelling units shall comply with the requirements of this subsection 4. Except as otherwise provided in this subsection 4 or subsection 6, accessory dwelling units shall conform to the development standards of the underlying zone. Accessory dwelling units are only allowed in zones which allow residential uses.

a.

Legal residence. An accessory dwelling unit shall only be allowed on a lot within the city that contains or will be developed with a legal, single-family or multiple-family residence.

b.

Setback requirements.

i.

Consistent with subsection 6.A.ii, below, no setbacks are required for:

a.

Those portions of accessory dwelling units that are created by converting existing living area or existing accessory buildings to new accessory dwelling units; or

b.

Construction of a new accessory dwelling unit in the same location and to the same dimensions as an existing lawful structure.

ii.

For all other accessory dwelling units (including accessory dwelling units listed in subsections 6.a.ii, 6.b.i, 6.b.ii. below), there must be a minimum four feet setbacks from interior side and rear lot lines and the accessory dwelling unit must comply with all applicable front and street side yard setbacks, unless doing so would prohibit the construction of at least an eight hundred square foot accessory dwelling unit. The first priority placement shall be in the rear of a property, developed in compliance with the above required setbacks. If proposed at the front of a property, the front setback shall be maximized to the extent allowed within these requirements. Distance. The distance between any detached accessory dwelling unit and the primary dwelling unit shall not be less than five feet, unless it would prohibit the construction of an up to eight hundred square foot accessory dwelling unit. The distance separation does not apply to existing structures converted to an accessory dwelling unit.

c.

Maximum Number of Dwelling Units.

i.

Single-Family. For lots with a proposed or existing single-family residence, no more than one detached and one attached accessory dwelling unit and no more than one junior accessory dwelling unit may be on the lot

ii.

Multi-family. For lots with existing multi-family residential dwellings:

a.

Accessory dwelling units may be constructed within enclosed/attached portions of multifamily "dwellings" structures that are not used as livable space (i.e., storage rooms, boiler rooms, passageways, attics, basements, or garages), provided the spaces meet state building standards for dwellings. The number of interior accessory dwelling units permitted on the lot shall not exceed twenty-five percent of the current number of units of the multi-family complex on the lot and at least one such unit shall be allowed.

b.

If the existing multifamily dwelling has a rear or side setback of less than four feet, the city shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph.

c.

For lots with existing or proposed multi-family residential dwellings, accessory dwelling units that are detached from that multifamily dwelling, are subject to a height limitation set forth in subsection H below, as applicable, and rear yard and side setbacks of no more than four feet and limited as follows:

(i)

On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units. The total number of detached accessory dwelling units shall not exceed the number of existing units on the lot.

(ii)

On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units.

iii.

Notwithstanding anything else in this section to the contrary, if the lot was previously involved in a subdivision pursuant to municipal code Section 17.06.100 et seq. (Urban Lot Split — Approval Process), then an ADU or JADU is allowed if, after construction, there would be no more than two housing units on the lot, including, but not limited to units otherwise allowed pursuant to density bonus provisions, ADUs, and JADUs.

d.

Floor Area. Accessory dwelling units shall not exceed the size standards listed below:

i.

Attached accessory dwelling units: The maximum floor area of an attached accessory dwelling unit shall be the greater of:

a.

For new construction of a primary dwelling, eight hundred fifty square feet for an accessory dwelling unit with zero to one bedroom or one thousand square feet for an accessory dwelling unit with two or more bedrooms; or

b.

If there is an existing primary dwelling, fifty percent of the square footage of the existing primary dwelling.

ii.

Detached accessory dwelling units: For new construction, the size shall be limited to one thousand two hundred square feet. On lots of twenty thousand square feet and greater, the maximum floor area of the accessory dwelling unit shall not exceed one thousand five hundred square feet. Notwithstanding the above, if a detached accessory dwelling unit is constructed in an existing accessory structure, the new detached accessory structure shall be constructed in the same footprint as the existing detached structure. If the existing detached accessory structure is less than one thousand two hundred square feet, the accessory dwelling unit may be increased up to one thousand two hundred square feet. If existing detached accessory structure is over one thousand two hundred square feet, it may only be expanded by one hundred and fifty square feet to accommodate ingress and egress.

e.

Zones of Insufficient Sewer or Water. New accessory dwelling units are prohibited if the director determines the area has insufficient water or sewer service. The director shall maintain a map showing the known areas in the city with insufficient water or sewer service; such map shall be promptly made available to the public upon request. The director shall update the map periodically and shall do so only after consulting with the relevant water or sewer service provider if such service is not provided by the city.

f.

Parking.

i.

One parking space shall be provided for the accessory dwelling unit. The required parking space may be provided as:

a.

Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk and otherwise complies with city parking requirements; or

b.

Within a setback area or as tandem parking in locations determined feasible by the city for such use. Locations will be determined infeasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the city.

ii.

Notwithstanding the foregoing, no parking space shall be required for an accessory dwelling unit if:

a.

It is located within one-half mile of public transit (purposes of this subsection, "public transit" has the same meaning as in Government Code 66313 as it may be amended from time to time);

b.

It is located within an architecturally and historically significant district;

c.

It is part of a proposed or existing primary residence or accessory building;

d.

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit;

e.

Where there is a car share vehicle located within one block of the accessory dwelling unit; or

f.

When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this section.

iii.

When a garage, carport, covered parking structure or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the off-street parking spaces do not have to be replaced. However, all portions of any existing driveway should remain except to the extent that the driveway becomes blocked by a new habitable structure. Any subsequent additional development in the primary dwelling shall comply with the single-family, multi-family, or mixed-use as applicable, parking standards set forth in this code.

g.

Conversion of existing primary unit. An existing single-family dwelling may be converted to an accessory dwelling unit if it complies with all applicable requirements of this chapter when a new primary residence is proposed to be constructed.

h.

Creation of an accessory dwelling unit. The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages, carports, covered parking or uncovered parking spaces.

i.

Demolition. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. If the property is located within a historic district or is a designated historic landmark subject to the certificate of appropriateness provisions of Chapter 18.84, the requirements of Chapter 18.84 must be followed.

5.

Accessory dwelling and junior accessory units—Universal Standards. All accessory dwelling units shall comply with the requirements of this subsection 5, plus either the requirements of subsection 4 or 6. Junior accessory dwelling units shall comply with the requirements of this subsection 5 in addition all other applicable requirements, including those listed in subsection 7.

a.

Building Code Compliance. All new accessory dwelling units must comply with Title 15 of the municipal code ("Buildings and Construction") and any other applicable provisions of the California Building Standards Code, including all applicable sewer, utility, and water connection requirements, unless the requirements of the California State Historic Building Code apply, in which case those requirements shall apply. (See municipal code Chapter 18.84, Historic Resources). Notwithstanding the foregoing, in either instance, fire sprinklers shall not be required if sprinklers would not be required if the accessory dwelling unit or junior accessory dwelling unit were instead an addition to the primary residence, are not required for the primary unit, nor shall fire sprinklers be required in an existing multi-family dwelling.

b.

Easements. No accessory dwelling unit or junior accessory dwelling unit may be constructed in a location that would violate any easement unless approved in writing by the holder of the easement.

c.

Separate Utility Connections. In general, the city may require a new or separate utility connection between the utility on the one hand and any accessory dwelling unit(s) or junior accessory dwelling unit on the other. If, however, the accessory dwelling unit is constructed pursuant to subsection 6.A.i of this subsection (I) (i.e., constructed within an existing single-family structure), then the city cannot require a separate utility connection unless the accessory dwelling unit is constructed with a new single-family home.

d.

Architectural Standards. The accessory dwelling unit shall be compatible with or compliment the exterior appearance of the primary unit, and the existing dwellings in the vicinity of the lot or parcel on which it is proposed to be constructed, in accordance with code design standards and guidelines applicable to the zone, and as determined by the director. Junior accessory dwelling units may only be allowed in a primary dwelling and attached garages that meets all requirements applicable to the primary dwelling.

Notwithstanding the above, if the applicant may use a plan for an accessory dwelling unit that has been preapproved by the city or a plan that is identical to a plan used in an application for a detached accessory dwelling unit approved by the city within the current triennial California Building Standards Code cycle.

e.

Historic Preservation. A proposed accessory dwelling or junior accessory dwelling unit shall comply with any applicable requirements of Chapter 18.84 ("Historic Resources"). For example, if an accessory dwelling unit is to be constructed on a parcel identified on any federal, state or local list of historic or eligible historic resources, the accessory dwelling unit shall not adversely impact the property's integrity to convey its historic significance through the seven aspects of integrity consisting of: setting, location, design, materials, workmanship, feeling and association, as described in National Register Bulletin 15. Likewise, the dwelling unit shall not be placed or constructed so as to result in a modification to any existing historic resource on the parcel or to a designated historic district, unless alterations to the existing historic resource(s) on the property or within a designated historic district conform to the United States Secretary of Interior's Standards for Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating Restoring and Reconstructing historic buildings. In addition, any detached garages and structures that contribute to the historic significance of an on-site resource shall retain its exterior integrity and comply with the United States Secretary of the Interior's Standards with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings. Certain accessory dwelling units and junior accessory dwelling units may be eligible for a waiver pursuant to the procedures of Chapter 18.84.

f.

Height. In general, except as set forth below, an accessory dwelling unit shall not exceed one level and shall comply with the height requirements set forth herein; the height shall be measured from the top of the first-floor top plate.

i.

A height of sixteen feet for a detached accessory dwelling unit on a lot with an existing or proposed singlefamily or multifamily dwelling unit.

ii.

A height of eighteen feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit shall be allowed.

iii.

A height of eighteen feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.

iv.

A height of twenty-five feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. If the existing primary dwelling is a two-story structure, the attached accessory dwelling unit may also be twostories, subject to the height limitations herein.

g.

An accessory dwelling unit may be built on a second floor if the accessory dwelling unit is solely to be above a garage, the primary dwelling, or accessory building, and the following requirements are met:

i.

Accessory buildings with "habitable space", as defined by the California Building Code, or which have bathing facilities, are considered accessory area and therefore must comply with the requirements of Section 18.10.030(H).

ii.

If an accessory dwelling unit will be within an existing accessory building which is two stories, then the enclosed floor area of the second floor shall not exceed the footprint of the existing second floor.

iii.

If an accessory dwelling unit will be constructed above an accessory structure or primary dwelling, a stairwell of not more than one hundred fifty square feet may be constructed to provide ingress and egress.

iv.

The stairway access to a second floor shall be interior, unless demonstrated to be infeasible. Exterior stairway access to the second floor may be permitted when it is not readily visible from the street or public right-of-way. The location and the design of the stairway shall be architecturally integrated into the design of the accessory dwelling unit.

h.

Conversion of existing primary unit. An existing single-family dwelling may be converted to an accessory dwelling unit when all requirements of this section are met and a new single-family dwelling will be constructed in compliance with all requirements of this code.

i.

Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

j.

Nonconforming.

i.

Accessory dwelling units and junior accessory dwelling units shall not be required to correct legal nonconforming zoning conditions (e.g., physical development upon the property) as a pre-condition to obtaining authorization to construct an accessory dwelling unit or junior accessory dwelling unit. However, this authorization shall not be interpreted as allowing non-conforming use on a property (e.g., a single-

family dwelling in a commercial zone) to be expanded or intensified by allowing either a new accessory dwelling unit or new junior accessory dwelling unit on the property.

ii.

No application or permit shall be denied for an accessory dwelling unit or junior accessory dwelling unit that was constructed prior to January 1, 2020, based on either of the following:

a.

The ADU is in violation of building standards pursuant to Article 1 of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code (commencing with Section 17960); or

b.

The ADU does not comply with state law or the provisions of this chapter.

iii.

The provisions of subsection ii shall not apply if the city makes a finding that correcting the violation is necessary to comply with the standards specified in Health and Safety Code Section 17920.3 or if the building is deemed substandard pursuant to Health and Safety Code Section 17920.3.

iv.

Before submitting an application for a permit, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit's existing condition or potential scope of building improvements before submitting an application for a permit.

v.

Upon receiving an application to permit a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, an inspector from the city may inspect the unit for compliance with health and safety standards and provide recommendations to comply with such standards in order to obtain a permit. The city shall not penalize an applicant for having the unpermitted junior or accessory dwelling unit and shall approve necessary permits to correct noncompliance with health and safety standards.

vi.

No impact fees or connection or capacity charges shall be imposed on a homeowner applying for a permit for a previously unpermitted junior or accessory dwelling unit built before January 1, 2020, except when the utility infrastructure is required to comply with Health and Safety Code Section 17920.3 and authorized by Government Code Section 66324(e).

k.

Driveway Maintenance/Removal. If an existing garage for a single-family dwelling is demolished or converted to allow an accessory dwelling unit, after creation of the accessory dwelling unit, either (1) the driveway must continue to operate in a manner that one or more cars can lawfully park on the driveway; or

(2) at the applicant's sole cost, the driveway shall be removed, the curb cut and driveway apron removed, a replacement curb and gutter installed, and a parkway installed in a manner consistent with the immediate surroundings.

l.

Applications for junior and accessory dwelling units shall be ministerially processed within sixty days of receipt of a complete application and approved if they meet the requirements of this section.

i.

The city shall grant a delay if requested by the applicant.

ii.

If the application is submitted in conjunction with an application for a new single-family or multi-family residential dwelling, the application for the junior or accessory dwelling unit shall not be acted upon until the application for the new single-family or multi-family residential dwelling is approved, but thereafter it shall be ministerially approved within sixty days if it meets all requirements of this section.

iii.

If the application is denied, the city shall return a full set of comments in writing to the applicant with a list of items that are defective or deficient with a description of how the application can be remedied by the applicant. These comments shall be provided to the applicant within sixty days of a complete application.

iv.

Notwithstanding the above, if the applicant uses a plan for an accessory dwelling unit that has been preapproved by the city or a plan that is identical to a plan used in an application for a detached accessory dwelling unit approved by the city within the current triennial California Building Standards Code cycle, the application shall be approved or denied within 30 days from the date of a complete application.

6.

Accessory Dwelling Unit and Junior Accessory Dwelling Unit Exceptions. The following types of accessory dwelling units shall be approved regardless of whether the proposed accessory dwelling unit meet the requirements of subsection 4. However, accessory dwelling units approved via this subsection 6 must meet all other applicable requirements of this code, including those listed in subsection 5 above.

a.

On lot with a proposed or existing single-family dwelling within a zone that allows residential uses, either:

i.

One accessory dwelling unit and/or one junior accessory dwelling unit per lot may be constructed within an existing or proposed single-family or attached accessory building, including the construction of up to a one hundred fifty square foot expansion beyond the same physical dimensions as the existing accessory building to accommodate ingress and egress. Any accessory dwelling unit and any junior accessory

dwelling unit must have exterior access and side and rear setbacks sufficient for fire safety. If the unit is a junior accessory dwelling unit, it must also comply with the requirements of subsection 7 below ("Junior Accessory Dwelling Units"); or

ii.

One detached, new construction, accessory dwelling unit with setbacks of at least four feet from side and rear yards, no more than eight hundred square feet floor area, with a height as set forth in (5)(f) above. A junior accessory dwelling unit may also be built within the existing or proposed single-family dwelling of such residence in connection with the accessory dwelling unit.

b.

On a lot with an existing or proposed multifamily dwelling within a zone that allows residential uses, the following shall apply:

i.

In an existing multifamily dwelling, accessory dwelling units may be constructed within enclosed/attached portions of multifamily dwellings structures that are not used as livable space (i.e., storage rooms, boiler rooms, passageways, attics, basements, or garages), provided the spaces meet state building standards for dwellings. The number of interior accessory dwelling units permitted on the lot shall not exceed twentyfive percent of the current number of units of the multifamily complex on the lot and at least one such unit shall be allowed.

ii.

Detached accessory dwelling units may be newly constructed, or converted from an existing accessory structure, provided they comply with the height requirements under (5)(H), and they have at least four feet of side and rear yard setbacks not to exceed eight hundred square feet in floor area as follows:

a.

On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units. The total number of detached accessory dwelling units shall not exceed the number of existing units on the lot.

b.

On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units.

c.

If the lot is entirely within a multifamily zone, the detached accessory dwelling unit(s) may be two stories, (if located on top of each other), provided that the height does not exceed twenty-five feet.

7.

Junior Accessory Dwelling Units.

a.

Purposes: This section provides standards for the establishment of junior accessory dwelling units. Junior accessory dwelling units will typically be smaller than an accessory dwelling unit and will be constructed within the walls of an existing or proposed single-family residence.

b.

Size: A junior accessory dwelling unit shall not exceed five hundred square feet in size.

c.

Owner Occupancy: The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a primary residence either the primary dwelling or the junior accessory dwelling. Owner-occupancy is not required if the owner is a governmental agency, land trust, or "housing organization" as that term is defined in Government Code Section 65589.5(k)(2), as that section may be amended from time to time.

d.

Sale Prohibited: A junior accessory dwelling unit shall not be sold independent of the primary dwelling on the parcel.

e.

Short-term rentals: The junior accessory dwelling unit shall not be rented for periods of less than thirty-one days.

f.

Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit shall be entirely within a legally established single-family residence, including an attached garage. As such, the structure in which the junior accessory dwelling unit is located (i.e., the primary dwelling) must be in a zone that allows single-family dwellings, and must comply with all development requirements (e.g., architectural, historic preservation) otherwise applicable to the primary dwelling.

g.

Kitchen Requirements: The junior accessory dwelling unit shall include an efficiency kitchen as defined in this section.

h.

Parking. No additional parking is required beyond that already required for the primary dwelling.

i.

Fire Protection; Utility Service. For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a junior accessory dwelling unit shall not be considered a separate or new unit, unless the junior accessory dwelling unit was constructed in conjunction with a new single-family dwelling. No separate connection between the junior accessory dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the junior accessory dwelling unit is being constructed in connection with a new single-family dwelling.

j.

Deed Restriction. Prior to the finalization of the building permit for a junior accessory dwelling unit, the owner shall record a deed restriction in a form approved by the city that includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence and restricts the size and attributes of the junior dwelling unit to those that conform with this section.

J.

Antennas and Flagpoles. Flagpoles, satellite television receiving antennas, and amateur radio receiving and transmitting antenna, utilized for the private noncommercial use by the occupant of a residence located upon the lot, subject to the provisions of Section 18.10.030 (I).

K.

Family Day Care Facilities. Family day care facilities shall be permitted in all zones where required by and in accordance with state law and shall be licensed as required by law and shall be operated according to all applicable state and local regulations.

L.

Cottage Food Operation. A "cottage food operation," as that term is defined in California Health & Safety Code 113758(a), as may be amended from time to time, is permitted provided that:

1.

Permit Required. An application for a permit to engage in a cottage food operation shall be filed with the director of community development on a form prescribed by the city and shall include the following:

a.

The name and address of the applicant. The applicant must be the "cottage food operator," as that term is defined in California Health & Safety Code 113758(b) as may be amended from time to time;

b.

A statement of whether the applicant is the owner or a tenant of the property on which the use is proposed to be located; and if a tenant, the name and contact information for the property owner, landlord, or management company; as well as the signature of the property owner, landlord or management company consenting to the use;

c.

The address or legal description of the property on which the cottage food operation is proposed to be located;

d.

A copy of the permit issued by or the application submitted or to be submitted to the Los Angeles County Department of Public Health Environmental Health Division for the proposed use;

e.

Identification of the name of each individual involved and/or employed in the proposed use and whether they are a family member or household member of the cottage food operator;

f.

A statement of whether the proposed use will involve "direct sales" or "indirect sales" of cottage food products at the subject residence as those terms are defined in California Health and Safety Code 113758(b) as may be amended;

g.

A description, explanation, and amount of projected impacts on traffic, including but not limited to the number of deliveries to be received or sent from the subject residence, frequency of loading of products for sale elsewhere, and anticipated consumer or third party retailer visits to the subject residence;

h.

An accurate floor plan drawing(s) of the subject residence showing:

i.

Areas proposed to be registered and/or permitted by or areas shown on application submitted to the Los Angeles County Department of Public Health Environmental Health Division for cottage food preparation, packaging and related exclusive storage;

ii.

All doors and exits;

iii.

All vehicle parking spaces;

iv.

All delivery and/or loading areas; and,

v.

The location(s) of streets, property lines, uses, structures, driveways, pedestrian walks.

i.

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

j.

An Application Processing Fee for a cottage food operation permit as established by resolution of the city council. The applicant has the right to request a fee verification for any fee paid pursuant to this chapter.

2.

Action of Director. After submittal of a complete application and fee as required by this section the director shall approve, approve in modified form, or deny the application in compliance with the authority and requirements set forth in California Government Code § 51035, as may be amended from time to time. The director shall grant the permit if the proposed cottage food operation, as applied for or as modified, complies with the standards set forth in this section. Notwithstanding the foregoing, the director, in his/her discretion may condition approval of the use upon the cottage food operations compliance with any additional reasonable standards related to spacing and concentration, traffic control, or noise which the director, in his/her sole discretion, deems necessary to mitigate the impact of the proposed use on the surrounding residential neighborhood. any action of the director may be appealed to the planning commission pursuant to Section 18.58.050.

3.

Standards. Cottage food operations must meet the following requirements:

a.

Traffic Control.

i.

Parking.

(a)

On-site parking for the residential unit in which the cottage food operation is located shall be maintained free and clear and available for parking and/or deliveries at all times to the extent such parking is necessary to mitigate the cottage food operations impact upon the traffic circulation; and,

(b)

The cottage food operation shall not result in any appreciable increase in traffic, pedestrian or vehicular.

b.

Deliveries and Loading. The cottage food operator shall only allow vehicular delivery or loading related to the cottage food operation between the hours of eight a.m. and seven p.m., Monday through Saturday.

c.

The cottage food operator shall not allow any vehicle making a delivery, being loaded, or being used by consumers or third-party retailers in relation to the cottage food operation to block or impede the public right-of-way, a vehicular drive aisle, encroach into any required on-site parking space, or idle at any time.

d.

Sales at the Subject Residence. Cottage food operations engaging in sales to consumers or third-party retailers at the residence containing the cottage food operation shall also be subject to the following traffic control standards:

i.

Visitation to the residence containing the cottage food operation for the purpose of direct or indirect sales is limited to the hours of eight a.m. to five p.m., Monday through Saturday.

ii.

Visitors shall not be allowed to queue outside of the residence containing the cottage food operation at any time, either on foot or in vehicles.

iii.

There shall be no outdoor sales at any time at the residence containing the cottage food operation.

iv.

Noise Control. Cottage food operations shall not create noise levels in excess of those allowed in the applicable residential areas in the noise element of the general plan or in excess of those allowed in residential property pursuant to Chapter 8.32 of the Whittier Municipal Code.

v.

Zoning Standards. The cottage food operation shall conform to all applicable federal, state, and municipal laws and regulations applicable to the residential area in which the cottage food operation is located, including but not limited to setbacks, signage, etc.

4.

Permit Revocable. A permit to operate a cottage food operation obtained under this section is revocable at any time by the final approving authority if the business is found to be in non-compliance with any condition of approval or applicable local or state law or regulation governing cottage food operations.

5.

Appeals. Any final action of the director made under this section may be appealed pursuant to Chapter 18.56 of the Whittier Municipal Code.

6.

Penalty. Any violation of the provisions of this section shall be enforced pursuant to Chapter 1.08 and Chapter 1.09 of the Whittier Municipal Code.

(Ord. 2887 §§ 1, 2, 2007; Ord. 2864 § 3, 2005; Ord. 2824 §§ 1, 3—6, 8—18 (part), 2003; Ord. 2619 § 1 (part), 1994; Ord. 2539 § 3, 1991; Ord. 2345 § 1, 1985; Ord. 2318 § 1(b), 1983; prior code § 9121)

(Ord. No. 2938, § 1, 10-27-09; Ord. No. 2950, § 1, 2-23-10; Ord. No. 2998, §§ 1, 2, 4-23-13; Ord. No. 3018, § 2, 3-25-14; Ord. No. 3068, §§ 3, 4, 6-13-17; Ord. No. 3116, §§ 8, 9, 5-26-20; Ord. No. 3117, § 5, 6-23-20; Ord. No. 3132, § 1, 12-14-21; Ord. No. 3147, § 2(Exh. A), 4-11-23; Ord. No. 3159, § 3(Exh. A), 11-12-24; Ord. No. 3167, § 3(Exh. A), 9-23-25)

The regulations set out in this section shall be limitations on, and be applicable to, all uses on R-zoned lots.

A.

Dismantling or Storage of Vehicles. The dismantling or storage of vehicles is prohibited.

1.

Definitions. The following words, for the purpose of this section, shall be defined as follows:

a.

"Disabled vehicle" means a vehicle which is not operable, by reason of the removal of or damage to integral component parts.

b.

"Disassemble" means the same as dismantle.

c.

"Dismantle" means the removal or stripping of one or more component parts from a vehicle.

d.

"Park" means the standing of a motor vehicle, other than for the purpose of loading or unloading merchandise or passengers.

e.

"Repair" means the work necessary to restore a vehicle to a usable condition.

f.

"Store" means to keep or locate for future use.

g.

"Vehicle" means and includes motorcycle, motor-driven cycle, motor truck, passenger vehicle, station wagon, truck tractor and vehicle, as these phrases are defined in the State Vehicle Code, and all similar types of vehicles.

Parking of Vehicles. No person shall park any vehicle or any component thereof, for any purpose, in any front or side yard area on any R-zoned lot, except in a permitted driveway or in a parking facility.

3.

Repair, Dismantling or Storage of Vehicles. No person shall assemble, repair, dismantle or store any vehicle on any part of an R-zoned lot, other than as provided in this section, unless such work is done:

a.

Within an enclosed building; or

b.

In an area which is completely enclosed by view-obscuring walls not less than six feet in height, or by the exterior walls of a building or buildings, or combination thereof.

4.

Exception. The prohibition imposed by subsection (A)(3) of this section shall not apply to the occasional and incidental repair of vehicles owned or leased by the person in possession of the lot on which such takes place, provided that a disabled vehicle which is being repaired or assembled shall not be stored except as provided in subsection (A)(3) of this section for a period longer than seven consecutive days within any thirty-day period.

B.

Storage of Boats and/or Trailers. No person shall store or park any boat or trailer in any required front or side yard area on any R-zoned lot.

C.

Location of Buildings. Location of buildings or structures on any R-zoned lots shall conform to the following:

1.

No building or structure may be located on any portion of a required yard area, except as expressly provided in this section; and

2.

The distance between buildings shall not be less than five feet.

3.

Detached non-dwelling accessory buildings, not including accessory living areas, when located entirely in the rear one-third of the lot, may be constructed as follows provided that the eaves of any structure do not project over any property line and there is no roof drainage to adjacent property:

a.

On interior lots, to each side lot line and to the rear lot line,

b.

On corner lots, to the interior side line and the rear line,

c.

On reversed corner lots, to the interior side lot line only,

d.

On any lot served by an alley, no such building shall be located within five feet of the rear lot line, nor within five feet of one side lot line,

e.

Except, along property lines abutting a less restrictive zone, notwithstanding the provisions of paragraphs (3)(a) through (c) of this subsection, on R-E-zoned lots, non-dwelling accessory buildings in the rear onethird of the lot shall not be placed closer than five feet to a side lot line, nor closer than ten feet to a rear lot line.

f.

Structures less than one hundred twenty square feet (i.e., storage sheds) shall not exceed twelve feet in height.

4.

Dwelling units constructed above garages shall observe all yard requirements;

5.

Nonconforming Yards. Additions to main dwellings with nonconforming setbacks may be permitted only as follows:

a.

The length of the addition shall be limited to seventy-five percent of the length of the existing encroachment dwelling wall,

b.

Additions to main dwellings, resulting in the attachment to non-dwelling accessory structure having existing nonconforming yards, only in compliance with the following:

i.

A minimum side yard of five feet must be maintained on one side of the structure,

ii.

The architectural changes necessary to meet the building code must be found consistent with the architectural character of the existing residence.

D.

Walls, Fences and Retaining Walls. Walls, fences or retaining walls may be built on any part of a lot provided that the structure, within the front yard, street side yard, interior side yard and rear yard, complies with the provisions listed below, including Table 18.10.030(D) and Section 18.64.050.

Table 18.10.030(D)

Wall, Fences and Retaining Walls in Residential Zones

walls/fencing (when over eight feet in height) may include a combination two-foot, high (maximum) wall extension consisting of a decorative material such as painted or stained wood, a framed solid or lattice material consisting of wood, vinyl or any other durable material deemed aesthetically acceptable to the Director of Community Development. All such walls/fencing shall require an engineered design prior to the issuance of building permits. In addition, all private fencing immediately abutting the Greenway Trail shall be maintained entirely by the property owner, including the removal of any graffiti on the perimeter wall/fencing facing the Greenway Trail.

Footnotes:

a.

Gates and decorative pilasters may exceed maximum height by up to 6" if in scale with fence/wall design.

b.

The maximum height of fence/wall or retaining wall restrictions may be increased to provide a required fivefoot pool safety enclosure.

c.

The Director may waive compliance with the requirements of Table 18.10.030(D) (including footnotes a and b, above) if the Director determines compliance will create a significant inconsistency with abutting properties.

1.

Development Review Required. Walls, fences and retaining walls in residential zone front or street side, side yards require submittal of a development review application, in conformance with Chapter 18.56, and the information submitted shall be subject to Section 18.56.030(1 and 10). Any other fence or wall that requires

a variance, including a minor variance, shall also be subject to development review. These fences, walls and retaining wall within the front yard setback, street side, side yard setback shall be consistent with the city council approved fence palette. Fence or wall design exceptions to the approved fence palette shall be reviewed and approved by the design review board.

2.

Front Yard Setback. The front yard setback is provided under "front yards" in the underlying zone classification as described in Sections 18.64.120, 18.64.140, 18.64.160, 18.64.180, 18.64.200, 18.64.220.

a.

Non-View Obscuring Walls or Fences in Front Yard Setback. Except for permitted retaining walls, all other walls and fences in the front yard setback shall be non-view obscuring.

b.

Maximum Fence Height. The maximum height of a non-view obscuring fence in the front yard setback of residential properties sixty feet or less in width is thirty-six inches. The maximum height of a non-view obscuring fence in the front yard setback of residential properties on lots sixty feet to one hundred feet in width is forty-two inches. The maximum height of a non-view obscuring fence in the front yard setback of residential properties on lots one hundred and one feet or larger is five feet six inches.

c.

Fences Between Driveways. Non-view obscuring fences should not be permitted between the driveways, when adjacent driveways within the front yard are less than ten feet in width for a single-family residence, or less than twelve feet in width for two units, or less than eighteen feet in width for three or more units, or less than fifteen feet in width when the driveway is over one hundred feet in length, or construction of a fence would create a nonconforming driveway width.

d.

Retaining Wall.

i.

Lot Above Street Grade.

(A)

Maximum Height. The maximum height of a retaining wall on an above grade lot is forty-two inches within the front yard setback; however, retaining walls over three feet in height within the front yard setback shall be set back from the right-of-way line a minimum of four feet and the setback space appropriately landscaped.

(B)

Additional Retaining Walls. If more than one retaining wall is necessary within the required front yard setback, then additional retaining walls (up to forty-two inches) may be constructed above the lower

retaining wall when set back a minimum of four feet from the preceding (lower) retaining wall, with appropriate landscaping planted between each retaining wall (see Figure 1).

(C)

Fence Set Above a Retaining Wall. A non-view obscuring fence (as permitted under Section 18.10.030(D)(2) (b)) may be built above a retaining wall on an above street grade lot, if the fence is setback four feet from the lower retaining wall and that setback is appropriately landscaped (see Figure No. 1).

Figure 1. Front Yard Fence Height on Above Street Grade Lots

==> picture [372 x 227] intentionally omitted <==

ii.

Lot Below Street Grade.

(A)

Maximum Height. Retaining walls, or crib type retaining wall systems, within the front yard setback on below street grade lots may be constructed up to six feet in height when not visible from the street, and setback a minimum of four feet from the front property line with a (non-view obscuring) safety fence at a minimum height determined by the California Building Code constructed on top of the retaining wall. In no case shall the overall height of the combination fence and retaining wall exceed eight feet high, as measured from the lowest contiguous finished grade of the wall. Likewise, the non-view obscuring fence on top of the retaining wall may not exceed the maximum height permitted within the front yard setback, as specified under Section 18.10.030(D)(2)(b). The non-view obscuring fence shall be measured from the highest finished grade it is contiguous to, to the top of the fence (see Figure 2).

(B)

Fence or Wall. The maximum height of a fence or wall along the street side, side yard right-of-way line is forty-two inches.

Figure 2. Front Yard Combination Walls/Fence Heights on Below Street Grade Lots

==> picture [408 x 269] intentionally omitted <==

3.

Street Side, Side Yard Setback. The street side, side yard setback is provided under "side yards" in the underlying zone classification as described in Sections 18.64.120, 18.64.140, 18.64.160, 18.64.180, 18.64.200, [and] 18.64.220.

Figure 3. Illustration of Various Lot Configurations

==> picture [360 x 360] intentionally omitted <==

Figure 4. Standard Corner Lot

Standard Corner Lot. A six-foot fence or wall, within the street side, side yard setback on standard corner (see Figure 4) lots may be built if a landscaped setback consisting of a minimum of four feet in width between the right-of-way and the wall is maintained along the entire length of the wall (see Figure 4).

==> picture [360 x 364] intentionally omitted <==

Figure 5. Reversed Corner Lots

Reversed Corner Lots. A six-foot fence or wall within the street side, side yard setback on a reversed corner (see Figure 5) lot may be constructed, if such fence or wall is set back at least five feet from the right-of-way and the five-foot setback is appropriately landscaped.

==> picture [348 x 352] intentionally omitted <==

Figure 6. Driveway Cut-off Vision Clearance

Driveway View Clearance. No fence, wall, retaining wall, other structure, or landscaping shall exceed fortytwo inches in height within the cut-off area along the driveway and the street right-of-way line. The cut-off area is a triangular area beginning at the intersection of a driveway and the street right-of-way (Point 1), five feet from that point along the street right-of-way (Point 2) and the other point five feet up the driveway (Point 3) (see Figure 6).

Alley View Clearance. No fence, wall, retaining wall, landscaping or other structure shall exceed forty-two inches in height within the cut-off area along the driveway and the alley. The cut-off area is a triangular area beginning at the intersection of a driveway and the alley, five from that point along the alley (see Figure 6).

==> picture [348 x 350] intentionally omitted <==

e.

Retaining Wall.

i.

Maximum Height.

ii.

Lot Above Street Grade. The maximum height of a retaining wall within the street side, side yard on standard corner lots or reversed corner lots is forty-two inches.

iii.

Lot Below Grade. Retaining walls in the street side, side yard, setback may be constructed up to six feet in height when not visible from the street.

iv.

Number of Retaining Walls. Additional retaining walls are permitted in the street side, side yard setback on standard and reversed corner lots. If additional retaining walls are necessary in the street side, side yard setback, then additional retaining walls may be constructed above the retaining wall below it, if it is set back a minimum of four feet from the lower retaining wall, with appropriate landscaping in between each retaining wall.

v.

Fence or Wall Set Above a Retaining Wall.

(A)

Lot Above Street Grade. A fence or wall in the street side, side yard, setback above a retaining wall may be up to forty-two inches in height, if the fence or wall is setback four feet from the wall below and the setback is appropriately landscaped.

(B)

Lot Below Street Grade Combination Wall. Any combination of a retaining wall with a perimeter fence on top within the street side, side yard, setback on below street grade lots may be constructed if setback four feet from the street side property line and the overall combination retaining wall and fence does not exceed eight feet high when measured from the lowest finished grade on the property on which the wall is built and no more than six feet high, as measured from the highest finished grade for the perimeter fencing on top of the retaining wall. (see Figure 7)

Figure 7. Combination Wall Below Adjacent Street Grade

==> picture [432 x 250] intentionally omitted <==

• If a swimming pool is located on the below grade property, refer to Building Code for safety fence minimum height requirement.

4.

Interior Side Yards.

a.

Wall, Fence and Retaining Wall. The maximum height of any freestanding wall, fence or retaining wall within the interior side yard setback is six feet, except as provided below for combination walls. In addition, no setback shall be required between walls on different lots that share a common property line.

b.

Below Grade Combination Walls. When the finished grade of a lot is situated below the finished grade of a contiguous parcel at a higher elevation (and both lots share the same common interior property line), the property owner of the lot with the lower finished grade may construct a single retaining wall or combination retaining and perimeter wall/fence up to a maximum of eight-foot high adjacent to the property line (as measured from the lowest finished grade) if:

i.

The area of work is located behind the required front yard setback;

ii.

Any perimeter wall or fence located on top of the retaining wall does not exceed six feet high, as measured from the finished grade of the contiguous lot located at the higher finished grade (see Figure 8).

Figure 8. Construction of Below Grade Combination Walls

==> picture [372 x 258] intentionally omitted <==

c.

Above Grade Combination Walls. When the finished grade of a lot is situated above the finished grade of a contiguous parcel at a lower elevation and both lots share the same common interior property line, the property owner of the lot with the higher finished grade may construct a maximum six-foot high retaining wall facing the adjoining property at the lower finished grade, as measured from the pad elevation of the lower adjoining property grade. However, the retaining wall shall be constructed with a decorative material

consistent with the city-approved retaining wall palette or any other building material(s) deemed acceptable by the director of community development or other applicable approval authority. If desired, a maximum six-foot high perimeter wall or fence may also be constructed immediately behind the retaining wall (at the higher finished grade), without setbacks from the retaining wall (see Figure 9), subject to the other applicable provisions contained within this ordinance.

d.

Where a perimeter wall/fence is within four feet of a property line where a proposed or existing retaining wall is also placed on the same property, and both walls/fences exceed a combined vertical height of eight feet from the lowest finished grade, the walls/fences shall require design review approval by the approval authority to mitigate any adverse impacts to the lower adjacent property owner related to aesthetics, massing and height.

Figure 9. Construction of Above Grade Combination Walls

==> picture [396 x 220] intentionally omitted <==

• No separation/setback required between walls on separate parcels. However, if a freestanding perimeter wall/fence is within four feet of the property line that includes an intervening retaining wall built on the same parcel as the freestanding wall and the combined vertical height (face) of the retaining wall and freestanding fence on the same parcel is over eight feet in height as measured from the lowest finished grade or the adjacent parcel, design review approval is required and appropriate mitigation measures applied, as deemed necessary by the approval authority.

e.

Fences and Walls between Driveways. When adjacent driveways are less than ten feet in width for a singlefamily residence, or less than twelve feet in width for two units, or less than eighteen feet in width for three or more units, or less than fifteen feet in width when the driveway is over one hundred feet in length or construction of a wall or fence would create a nonconforming driveway width, then fences and walls are not permitted between the driveways, except when located behind the back side of the house where a driveway can be expanded to a conforming width. A six-foot fence or wall between adjacent driveways is permitted, only if the area between each driveway and the interior property line is a minimum of three feet

wide, from the front yard setback line to the back wall plane of the house, and those areas between the driveway and the interior property line are appropriately landscaped.

5.

Rear Yard Setback.

a.

Wall and Fence.

i.

Maximum Height. The maximum height of a wall or fence in the rear yard setback is six feet, except as provided below for combination walls.

ii.

Exception. The maximum height of a wall or fence in the rear yard setback is eight feet, when the adjacent property to the rear is a commercial zone, manufacturing zone, an alley or the Greenway Trail.

iii.

Minimum Height. Rear yard walls and fences along the Greenway Trail must be a minimum of six feet in height.

iv.

Setbacks. No setback shall be required between walls on different lots that share a common property line.

b.

Retaining Wall.

i.

Maximum Height. The maximum height of a retaining wall within the rear yard setback is six feet, except as provided below for combination walls.

ii.

Exception. The maximum height of a retaining wall in the rear yard setback is eight feet, when the adjacent property is a commercial zone, manufacturing zone, or the Greenway Trail.

c.

Combination Walls.

i.

Except as provided elsewhere within this chapter, above and below grade combination walls may be constructed in the rear yard setback as described above (in Section 18.10.030(D)(4)) for above and below grade combination walls located along interior side yards (see Figure 8 and 9).

6.

Outside of Yard Setbacks. A fence, wall or retaining wall may be built outside of yard setbacks within the interior of a lot up to six feet in height. If greater than six feet, the approval of a minor conditional use permit shall be required.

7.

Other.

a.

Swimming pool fences. Where a fence above a retaining wall is required per building code in order to comply with a fence enclosure for a swimming pool, a non-view obscuring fence may be placed on top of the retaining wall at such a height as to comply with pool enclosure requirements, as long as, that portion of retaining wall and fence that exceeds six feet is non-view obscuring.

b.

Prohibitions. Except as provided for under the city's vacant lot ordinance, chain-link fences are not permitted within the front or street side, side yard on any residentially zoned lot, provided that educational institutions, churches, and other similar non-profit uses, which have outdoor athletic facilities in such zones may be exempt from such prohibitions and from required height limits provided a conditional use permit is first obtained. The exemption pertains to those areas immediately around the outdoor athletic facility and does not include single-family or multi-family residences with outdoor athletic facilities.

c.

Exceptions:

i.

Fences, walls or retaining walls may vary from the sections listed above when a minor variance or variance has been granted in compliance with Sections 18.58.060(D) and 18.52.020, respectively.

ii.

Landscape planters constructed up to eighteen inches in height are exempt from this section.

iii.

When a residential parcel is contiguous to any arterial or collector street, the abutting rear and/or street side yard property line may have a wall constructed on it up to of six feet high. A maximum height of eight feet may be permitted if the wall is setback two feet from the property line and the setback space is appropriately landscaped and irrigated, subject to design review approval. Based on the lot grade and wall location, the approval authority shall consider the physical and visual impact of the wall along the street

and its compatibility with the neighborhood. The street facing side of the wall shall be constructed with a decorative material consistent with the city council approved fence palette or any other building material(s) deemed acceptable by the director of community development or other applicable approval authority.

d.

Temporary fences constructed on vacant lots. Refer to Section 8.08.026 (Vacant lots) for applicable vacant lot fencing regulations.

E.

Refuse Storage Areas. Each R-zoned lot shall be provided with facilities for the storage of refuse containers, as follows:

1.

Location. A refuse storage area shall be provided on the same lot as the dwelling unit(s) it serves. Such area may be located on any portion of a lot where a building or accessory building may be placed; provided that, on properties served by an alley the refuse storage area shall be located within a distance not to exceed five feet of the right-of-way line of the alley. The director of public works or his/her designated representative, may waive the requirement for an on-site refuse storage area when a property is located in an automated refuse collection area and is served by off-site containers.

2.

Size. Refuse storage areas shall comply with the following size requirements:

a.

For R-E, H-R and R-1 lots: Refuse storage areas shall be of adequate size for the temporary storage of refuse originating on the lot.

b.

For all other zones which permit residential uses: Refuse storage areas shall have a minimum area of thirty square feet, with minimum interior dimensions of five feet by six feet. The public works director or his/her designated representative, may require greater or lesser dimensions, where it is determined that such adjustments will increase the efficiency of solid waste disposal operations.

3.

Design. Refuse storage areas shall be completely enclosed by a view-obscuring wall, not less than six feet in height. The enclosure shall include a closeable, view-obscuring gate, with a minimum five-foot wide unobstructed access point. On properties served by an alley, the gate shall be located adjacent to the alley to accommodate refuse collection. Such walled enclosure shall be finished to match the color and facade material of the building it serves and shall incorporate landscape screening when possible.

4.

Maintenance. The property owner shall ensure that all refuse storage areas are regularly cleaned and maintained in a safe and sanitary condition.

5.

Director. The locations of refuse storage areas shall be conveniently adjacent to the units served and placed to facilitate efficient collection of refuse. When located in an automated refuse collection area, removal, modification or relocation of existing refuse storage areas that do not meet the minimum location, size, and/or design requirements may be necessary for automated service.

F.

Use of Dwellings. No single-family dwelling nor any dwelling unit shall be used or occupied except by a family, and not to exceed:

1.

Two domestic workers, employed as such in dwelling units; or

2.

Two paying boarders; however boarding or rooming houses shall not be permitted in residential zones, except as may be permitted and provided for in Chapter 18.52 of this code.

G.

Design Standards. In order to preserve the architectural integrity of the city's residential neighborhoods and the integrity of individual structures, prevent deterioration of older neighborhoods, ensure that residential design is based on the general architectural character of the neighborhood, and to accomplish the city's objectives of quality development; each residential development shall comply with the design standards set forth in this subsection, the community design ordinance and any applicable guidelines.

1.

General. To accomplish the city's objective of quality development, each development project must be of a good project design and the following factors must be considered in the context of the neighborhood character:

—

Height

—

Mass

—

Architectural style

—

Setbacks

—

Site and setting

—

Density and intensity

—

Roof shapes

—

Scale

—

Material

—

Landscaping

—

Proportion of openings

—

Location of parking

—

Porches and entryways

—

Accessory structures

a.

The following standards shall apply to all residential development:

i.

Exterior Siding. Each residential development and additions thereto shall have exterior sidings of wood, stucco, masonry, or other approved materials which are formed and finished to give the appearance of such materials, provided;

(A)

Metal siding shall be prohibited unless incorporated as part of a defined architectural style; and

(B)

New Construction. New residential developments shall have an architectural style and siding material which is appropriate to and compatible with the character of the structures on the street which make up the block within which such dwellings are proposed to be constructed.

(C)

Accessory Structures. Exterior siding on accessory structures shall be the same or complimentary to the siding used on the structure to which the accessory structure is related.

(D)

Additions and Exterior Remodeling. Siding on additions and remodeling shall be the same as the siding material used on the structure proposed to be added to or remodeled or be a combination of materials appropriate to the architectural style of the building and the character of the neighborhood.

(E)

Replacement of Existing Siding. If the existing siding is in need of replacement or the original material has been removed, replacement material shall be the same material, or have a similar appearance to the original siding on structures of the same or similar architectural style of the building and the character of the neighborhood.

(F)

Architectural treatments utilized on the front and street side elevations shall be continued on to interior property line side elevations.

ii.

Roofing Material. Each residential development shall have a roof constructed of wood shake, shingle, asphalt composition, fiberglass shingle, crushed rock, tile or other approved materials appropriate to the architectural style of the building, provided:

(A)

Metal roofing shall be prohibited, except that which is formed and finished to represent wood shake or tile, or architecturally integrated into the design of the building, and excepting metal patio covers, when located on the rear of the building and more than fifty feet from the street.

(B)

New built-up composition roofs are prohibited unless screened from view of the public street by a parapet wall or other approved feature and excepting additions to existing structures with built-up composition roofs.

(C)

The roof on accessory structures shall have the same or a complimentary roof design and materials as used on the structure to which the accessory structure is related.

iii.

Eave Overhang. The roof of each residential development shall have an eave overhang appropriate to the architectural style of the buildings, or shall have a parapet extending above roof level a minimum of one foot, provided:

(A)

Additions to existing buildings shall maintain the same eave overhang as the existing structure; and

(B)

Detached accessory structures shall maintain the same overhang as the principal structure.

iv.

Mechanical Equipment. All heating, ventilation and air-conditioning equipment, including but not limited to condensers, compressors, vents, ducts and conduits and water holding tanks associated with solar panels, shall comply with the following:

(A)

All such equipment shall be completely enclosed and/or architecturally screened from view from adjacent properties and the public right-of-way.

(B)

All such equipment shall be screened by an enclosure designed as an integral part of the building, which is consistent with the architecture of the building or by appropriate landscaping.

(C)

Heating, ventilation and air-conditioning equipment shall not be located on the roof of a building, except in new developments wherein such equipment is recessed into the roof structure or placed behind parapet walls of adequate height to meet the requirement of subsection (G)(a)(iv)(B) of this section.

v.

Utilities. Electrical service panels, conduits, transformers, gas meters, backflow prevention valves, fire sprinkler valves, water control valves and landscape irrigation equipment shall be screened, to the greatest extent possible, from view from streets or common areas consistent with the requirements of utility companies and the fire department, for access to the facilities for service and reading of the meters, provided:

(A)

New construction must utilize flush mounted electrical service panels, set into the wall between the studs, painted to match the adjacent surface and located on side or rear walls, unless approved on the front as part of the overall design of the project and if the front is the only location where the meter can be located.

(B)

Replacement of existing electrical service panels which utilize surface mounted panels attached to the outer surface of the wall, must be painted, including the conduit, to match the adjacent surface.

2.

R-E and R-1 Zones. In addition to the standards set forth in subsection 1, above, each residential development in the R-E and R-1 zones shall comply with the following standards:

a.

Floor Area.

i.

Minimum. Each single-family dwelling and foundational mobile home, , shall have a gross floor area exclusive of garages, decks, patios and breezeways of not less than fifteen percent of the area of the lot area upon which it is or is proposed to be located or eleven hundred square feet, whichever is greater, provided that no dwelling shall be required to have a floor area in excess of three thousand square feet; and

ii.

Maximum. The total floor area of all enclosed useable space, including accessory buildings other than accessory dwelling units, and enclosed patios, other than the area required, designed, and used for parking of vehicles, shall not exceed forty percent of the area of the lot upon which such buildings are or are proposed to be located; and

b.

Minimum Width. Each single-family dwelling and foundational mobile home shall have a minimum width of not less than sixty percent of the lot width, provided that no such building shall be required to have a width in excess of fifty-five feet.

c.

Window Treatments. Window treatments which are architecturally compatible with the project shall be incorporated into the project design. Window treatments should include but not be limited to: architectural window trim, such as: lintels, sills, arches, molds, brackets, bay windows, recessed windows, mullions, and multi-paned windows. Exceptions may be given through the development review process, when the particular architectural style excludes the above requirements. Bare aluminum window casements are prohibited unless consistent with an identified architectural style. Aluminum window casements must be either anodized or painted to complement the trim and colors of the structure.

d.

Landscaping. Not less than sixty percent of the required front yard area shall be planted and maintained with plant material and appropriately irrigated; provided, that the planning director may waive this requirement in order to comply with minimum driveway requirements set forth in Section 18.48.070(D).

3.

R-2, R-3 and R-4 Zones. In addition to the standards set forth in subsection 1, above, each residential development in the R-2, R-3 and R-4 zones shall comply with the following standards:

a.

Window Treatments. Window treatments which are architecturally compatible with the project shall be incorporated into the project design. Window treatments should include but not be limited to: architectural window trim, such as: lintels, sills, arches, molds, brackets, bay windows, recessed windows, mullions, and multi-paned windows. Exceptions may be given through the development review process, when the particular architectural style excludes the above requirements. Bare aluminum window casements are prohibited unless consistent with an identified architectural style. Aluminum window casements must be either anodized or painted to complement the trim and colors of the structure.

b.

Entry Door Treatment. Entry doors can be simple or decorated but should balance the entryway to each unit. Doors should have paneled recesses, unless inconsistent with an identified architectural style, and decorative trim treatment around the door. The entry to each unit shall incorporate a cover over the door to protect residents from inclement weather. Such covers must be integrated into the design of the building and not appear as add-ons.

c.

Garage Door Treatment. Garage doors shall be decorative and designed to match and complement the principal structure. Garage doors shall be framed by the trim treatment utilized on the principal structure. If metal doors are used, they shall be painted to match, contrast or complement the exterior wall color.

d.

Utilities. Electrical boxes, gas meters, landscape irrigation equipment, and other utilities visible from public or private streets or common areas shall be appropriately screened architecturally or with landscaping.

e.

Pavement Treatment. Enriched or decorative pavement, including but not limited to: colored concrete, concrete brick, brick and appropriately located turf block, shall be incorporated into the overall design theme. Pavement treatment shall include, but not be limited to, driveways and walkways. Credit toward the landscaping requirements may be given for exceptional use of treated pavement.

f.

Stairways. Stairway entrances, including the safety railing, shall be designed as an integral part of the building and designed to screen the view of the stair treads from the street.

H.

Development Review. Prior to the issuance of a building permit for a residential development, a development review application shall be submitted, reviewed, and approved in accordance with Chapter 18.56 hereof. In the review of the applications for development review, the approving authority shall consider the following:

1.

No development review application shall be approved for a residential development unless the approving authority, based upon the evidence presented, finds that the factors set forth in subsection (G)(1) of this section have been considered in the design of the project; and the improvements proposed will be compatible as to size, location on the lot, elevations and appearances with existing structures located upon lots within the immediate vicinity of the lot which is the subject of such application; and

2.

The design of the residential development will be consistent with the purpose and intent of the provisions of this title, the general plan, and applicable city development guidelines.

I.

Antennas and Flagpoles. Flagpoles and antennas, as permitted pursuant to Section 18.10.020(J), shall be permitted to be constructed and maintained only in compliance with the following:

1.

Location. Except as expressly hereinafter permitted, no flagpole or antenna may be located in a required yard area nor in an area of a lot between a front lot line of that lot and a dwelling unit located thereon; a flagpole, not in excess of twenty-five feet in height, nor a dimension of more than four inches, may be located in a required front yard area; provided, that the same shall not be placed closer than ten feet of any lot line; and

2.

Height. No flagpole or antenna shall have a height in excess of that permitted by the underlying zone classification for buildings and structures; and

3.

Bulk. No antenna shall have a horizontal dimension in excess of twelve feet; and

4.

Bracing. All flagpoles and antennas shall be self-supporting and shall have no external guys or braces.

5.

Federal Law. Notwithstanding any other provisions of this code to the contrary, the Director may allow antennas to the extent required by state or federal law. See Chapter 18.47 (Wireless Telecommunications

Facilities on Public and Private Property).

J.

Accessory Structures. Accessory structures shall be subject to the following:

1.

Accessory structures with habitable space, as defined by the California Building Standards Codes, or which have bathing facilities, are considered accessory living area and subject to the requirements of subsection (H) of this section; and

2.

Accessory structures in excess of one story in height are prohibited unless a minor conditional use permit has first been approved therefor; and

3.

The second-floor area of a two-story accessory building shall not exceed seventy-five percent of the ground floor area of the accessory structure; and

4.

Stairway access to the second floor shall be interior.

(Ord. 2897 § 8, 2008; Ord. 2901 § 1, 2007; Ord. 2839 § 13, 2004: Ord. 2838 § 13, 2004: Ord. 2824 § 7 (part), 2003; Ord. 2792 § 2, 2001; Ord. 2765 § 2 (part), 2000; Ord. 2755 § 2 (part), 1999; Ord. 2746 § 2, 1999; Ord. 2738 § 4, 1998; Ord. 2712 § 1 (H), (I), (L)—(N), 1997; Ord. 2690 § 2, 1996; Ord. 2632 § 1(A), 1994; Ord. 2610 § 1(B—F), 1993; Ord. 2580 §§ 2, 3, 1992; Ord. 2577 § 33, 1992; Ord. 2518 § 2, 1990; Ord. 2441 § 1, 1988; Ord. 2416 § 2, 1987: Ord. 2392 § 2(a), 1986; Ord. 2345 § 2, 1985; Ord. 2337 § 1, 1984; Ord. 2318 § 1(c), 1983; prior code § 9122)

(Ord. No. 2932, § 1, 8-11-09; Ord. No. 2967, § 1, 4-12-11; Ord. No. 3054, § 2, 8-9-16; Ord. No. 3159, § 3(Exh. A), 11-12-24)

Alternative development standards, when allowed in this chapter, are intended to provide better quality of design than could be achieved through the use of the basic development standards and design guidelines indicated in Sections 18.20.020, 18.20.030, 18.22.020, 18.22.030, 18.48.070(C), 18.48.070(D), 18.48.070(M) and 18.76.030(A) and Division VI. Alternative development standards allow the use of more creative design, while maintaining the quality of development and the character of the adjacent and surrounding neighborhood. This section is not to be construed as a substitute for the variance procedure detailed in Chapter 18.52. The following findings must be made to allow for the use of the alternative development standards:

A.

A development review application may be approved, utilizing alternative development standards, notwithstanding any provision of this title to the contrary, and to the exclusion of the zoning regulations applicable to the lot by reason of its underlying zone classification, provided:

1.

That the approval is consistent with the public peace, health, safety and general welfare; and

2.

That the development proposed is consistent with the city's general plan and any applicable specific plan relating to the areas included within such plan; and

3.

That the development will be in substantial compliance with the purpose and intent of the zoning regulations; and

4.

The approving body or zoning administrator shall make a specific finding as a condition of approval that the alternative standards being approved shall increase the quality of the project by achieving greater than minimum standard requirements provided by this code.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Editor's note— Ord. No. 3159, § 3(Exh. A), adopted Nov. 12, 2024, amended § 18.10.040 in its entirety to read as herein set out. Former § 18.10.040 pertained to optional development standards and derived from Ord. 2518 § 3, adopted in 1990.

The provisions within the general plan pertaining to minimum density may be waived or modified by the director of community development when it can be demonstrated that the minimum density requirements cannot be provided because of unusual circumstances associated with the property due to one or more of the following conditions:

A.

The topography of the property cannot be altered in a practical manner to accommodate the minimum density requirement.

B.

The minimum density cannot be physically developed on the project site without the approval of a variance because the existing property does not comply with the city's minimum required lot size, depth and/or width requirements.

C.

The new construction would necessitate the removal or significant alteration of existing on-site structures and/or cannot be physically integrated onto the existing property without the approval of a variance or deviation from Health and Safety Codes.

D.

The property is eligible for or listed on a local, state or national historic register or is a contributing resource within an historic district and the minimum density requirements would adversely impact the historic setting, structure(s) or feature(s) of the property in such a manner as to adversely diminish the site's historic significance or value.

E.

The property has one or more significant easement(s) on the property that cannot be relocated, modified or abandoned and therefore reduces the functional building area on the property to develop residential dwelling units.

F.

Evidence is presented to the satisfaction of the director of community development that a waiver or modification to the minimum density requirement is appropriate in consideration of project site physical constraints and existing economic market conditions.

(Ord. 2873 § 1, 2006)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.10.060 - Minimum dwelling unit square footage.

Residential dwelling units located in any "R" (residential) referenced zoning classification or specific plan (unless identified otherwise within the development standards of an adopted specific plan) shall comply with the following standards:

A.

All detached, single-family, dwelling units shall consist of a minimum of one thousand one hundred square feet.

1.

The minimum required square footage shall not include porches, balconies/decks, garages, storage rooms or other such accessory structures or architectural features that are attached or detached from the dwelling unit.

B.

All attached or semi-detached residential dwelling unit(s) located in an apartment, townhome, condominium or other multi-family residential or mixed-use development shall consist of the following minimum square footage:

Minimum Dwelling Unit Square Footage Schedule

1.

The minimum required dwelling square footage shall not include porches, balconies/decks, garages, storage rooms, or other such accessory structures or architectural features attached or detached from an individual dwelling unit.

C.

Any accessory dwelling unit and any junior accessory dwelling unit shall be subject to the standards in Section 18.10.020 (I), Accessory Dwelling Units.

D.

No existing residential dwelling unit that was legally constructed prior to the enactment of this ordinance [Ordinance No. 2940] shall be deemed nonconforming solely because it fails to comply with the minimum dwelling unit square footage provisions contained in this chapter. If an existing residential dwelling is partially or totally destroyed by fire or other natural disaster, it may be reconstructed to its original square footage, even if it does not meet the minimum dwelling unit square footage provisions contained in this chapter.

(Ord. No. 2940, § 1, 12-8-09; Ord. No. 3068, § 5, 6-13-17; Ord. No. 3116, § 10, 5-26-20; Ord. No. 3159, § 3(Exh. A), 11-12-24)

Chapter 18.11 - INCLUSIONARY HOUSING REQUIREMENTS

This chapter establishes standards and procedures to encourage the development of housing that is affordable to a range of households with varying income levels. The purpose of this chapter is to encourage

the development and availability of affordable housing by ensuring that the addition of affordable housing units to the city's housing stock is in proportion with the overall increase in new housing units.

(Ord. 2910 § 1 (part), 2008)

As used in this chapter, the following terms shall have the following meanings:

"Adjusted for household size appropriate for the unit" means a household of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, and five persons in the case of a four-bedroom unit.

"Affordable housing cost" means the total housing costs paid by a qualifying household, which shall not exceed the fraction of gross income specified, as follows, in accordance with Sections 50052.5 and 50053 of the Health and Safety Code:

A.

Very Low-Income Households. Thirty percent of the income of a household earning fifty percent of the Los Angeles County median income adjusted for family size appropriate for the unit.

B.

Low-Income Households. Thirty percent of the income of a household earning seventy percent of the Los Angeles County median income for for-sale units, and thirty percent of the income of a household earning sixty percent of the Los Angeles County median income for rental units, adjusted in either case for family size appropriate for the unit.

C.

Moderate Income Households. Thirty-five percent of the income of a household earning one hundred ten percent of the Los Angeles County median income for for-sale units, and thirty percent of the income of a household earning one hundred ten percent of the Los Angeles County median income for rental units, adjusted in either case for family size appropriate for the unit.

D.

In the event of a conflict between the fractions specified in this definition and those found in Sections 50052.5 and 50053 of the Health and Safety Code, the fractions specified by state law shall control.

"Developer" means any association, corporation, firm, joint venture, partnership, person, or any entity or combination of entities, which seeks city approval for all or part of a residential project.

"Director" means the director of the city of Whittier department of community development or his/her designee.

"Inclusionary unit" means a dwelling unit that will be offered for sale or rent to low or moderate-income households, at an affordable housing cost, in compliance with this chapter.

"Low-income households" means "lower income households" as that term is defined by Section 50079.5 of the Health and Safety Code.

"Low-income units, moderate-income units, and very low-income units" means inclusionary units restricted to occupancy by low, moderate, or very low-income households, respectively, at an affordable housing cost.

"Market rate units" means dwelling units in a residential project that are not inclusionary units.

"Moderate-income households" means "persons and families of low or moderate income" as that term is defined by Section 50093 of the Health and Safety Code.

"Regulations" means the regulations adopted by the city council in compliance with Section 18.11.030 for the implementation and enforcement of the provisions of this chapter.

"Regulatory agreement" means an agreement entered into between the Whittier redevelopment agency and a developer by which the developer covenants to keep certain housing units at an affordable housing cost for a specified period of time.

"Residential project" means either a project for which a tentative map is required by Section 17.04.070 of the Whittier Municipal Code, or any development project that includes apartments.

"Total housing costs" means the total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs shall include the monthly rent payment and utilities. For an ownership unit, total housing costs shall include the mortgage payment (principal and interest), homeowners' association dues, mortgage insurance, taxes, utilities, and any other related assessments.

"Very low-income households" means "very low income households" as that term is defined by Section 50105 of the Health and Safety Code.

(Ord. 2910 § 1 (part), 2008)

The council may by resolution establish additional regulations for the implementation of this chapter.

(Ord. 2910 § 1 (part), 2008)

The requirements of this chapter shall apply to any residential project that is comprised of or will result in seven or more dwelling units. For these purposes, any combination of two or more apartment houses shall be considered a single residential project if such apartment houses: (i) will be under the control and management of the same owner, operator, management company, or licensee, or any affiliate of any of them; (ii) are issued certificates of occupancy within one-year of each other; and (iii) are located within five hundred feet of each other.

A.

Units for Sale. If the residential project consists of units for sale, then a minimum of fifteen-percent of the total number of units in the project shall be sold to moderate-income households.

B.

Rental Units. If the residential project consists of rental units, then either:

1.

A minimum of twelve percent of the units shall be rented to moderate-income households and three percent of the units rented to low-income households; or

2.

A minimum of seven and one-half percent of the units shall be rented to very-low income households.

C.

Allowable Credits. The inclusionary unit requirements of this section may be reduced as follows:

1.

Very Low-Income Units in Lieu of Low-Income Units. If very low-income units are provided in lieu of the required low-income units, then the project shall receive a credit of one and one-half affordable units for each unit actually provided.

2.

Very Low-Income Units in Lieu of Moderate-Income Units. If very low-income units are provided in lieu of required moderate-income units, then the project shall receive a credit of two units for each unit actually provided.

3.

Low-Income Units in Lieu of Moderate-Income Units. If low-income units are provided in lieu of required moderate-income units, then the project shall receive a credit of one and one-half units for each unit actually provided.

D.

Rounding of Quantities in Calculations. In calculating the required number of inclusionary units, fractional units of 0.75 or above shall be rounded-up to a whole unit if the residential project consists of less than twenty units; and fractional units of 0.50 or above shall be rounded-up to a whole unit if the project consists of twenty-one units or more.

E.

Displacement of Existing Inclusionary Units. Notwithstanding any other provision of this chapter, any project subject to this chapter that results in the displacement of very low, low, and/or moderate income household(s) shall be required to provide on-site inclusionary units as required by this section.

F.

The requirements of this chapter shall apply to all developers and their agents, successors-in-interest, and assigns proposing a residential project within the scope of subsection A of this section. All inclusionary units required by this chapter shall be sold or rented in compliance with this chapter and the city's regulations for the implementation of this chapter.

G.

Exempt Projects. The following are exempt from the requirements of this chapter:

1.

Residential project for which a development application has been deemed complete on or before the effective date of this chapter;

2.

Residential projects subject to any development agreement that expressly provides for an exclusion to this chapter or provides for a different amount of inclusionary units from that specified by this chapter; and

3.

Residential projects for which the Whittier redevelopment agency has executed a regulatory agreement, provided that the regulatory agreement is effective at the time the residential project would otherwise be required to comply with the requirements of this chapter, and there is no uncured breach of the regulatory agreement before issuance of a certificate of occupancy for the project.

(Ord. 2910 § 1 (part), 2008)

The primary means of complying with the requirements of this chapter shall be the provision of on-site inclusionary units in accordance with Section 18.11.040. A developer may only satisfy the requirements of this chapter by means of an alternative to on-site inclusionary units in accordance with the requirements and procedures set forth in this section.

A.

Off-site Units. Upon application by the developer and at the discretion of the city council, a developer may satisfy the inclusionary unit requirements for a project, in whole or in part, by any combination of the following:

1.

Constructing or substantially rehabilitating the required number of units at an off-site location within the city. For purposes of providing off-site units, "substantially rehabilitating" means rehabilitating a dwelling unit that has substantial building and/or other code violations, and has been vacant for at least ninety days, such that the unit is returned to the city's housing supply as decent, safe, and sanitary housing, and the cost of the work exceeds twenty-five percent of the market value of the unit after rehabilitation.

2.

Purchasing affordable housing covenants for units in existing multifamily projects within the city. All such units shall be: (i) reasonably dispersed throughout the multifamily project; (ii) located in an area or areas of the city, as approved by the director; (iii) proportional in the number of bedrooms and location to the market rate units included in the developer's residential project; and (iv) comparable to the market rate units included in the residential project in terms of design, materials, finished quality, and appearance.

B.

In Lieu Fee. Upon application by the developer and at the discretion of the city council, the developer may satisfy the inclusionary unit requirements for the project, in whole or in part, by payment of a fee in lieu of constructing some or all of the required units. The city council may grant such an application if substantial evidence supports a finding that the cost of providing inclusionary units on-site would substantially exceed the amount of the applicable in-lieu fee.

1.

Calculation of Fee. The amount of the fees allowed by this section shall be calculated in accordance with the methodology set forth in the regulations adopted for the implementation of this chapter.

2.

Timing of Payment. The developer shall pay any in-lieu fees allowed by this section in full before issuance of a building permit for any portion of the residential project, including any nonresidential portions of a mixed-use development.

3.

Housing Trust Fund. Fees collected in compliance with this section shall be deposited in the affordable housing trust fund.

(Ord. 2910 § 1 (part), 2008)

18.11.060 - Housing plan and housing agreement required.

A.

Submittal and Execution. The developer shall comply with the following requirements at the times and in compliance with the standards and procedures in the city's regulations for the implementation of this chapter:

1.

Inclusionary Housing Plan. The developer shall submit an inclusionary housing plan, in a form specified by the director, detailing how the provisions of this chapter will be implemented for the proposed residential project. If the inclusionary housing plan includes alternatives to on-site units, then the inclusionary housing plan shall be subject to the review and approval of the city council. All other inclusionary housing plans

shall be subject to the approval of the director, subject to appeal to the city council. Any such appeal shall be filed within fifteen days of the director's decision.

2.

Housing Agreement. The developer shall execute and cause to be recorded an inclusionary housing agreement. The inclusionary housing agreement shall be a legally binding agreement between the developer and the city, in a form and substance satisfactory to the director and the city attorney, and containing those provisions necessary to ensure that the requirements of this chapter are satisfied, whether through the provision of inclusionary units or through an approved alternative method.

B.

Discretionary Approvals. No discretionary approval shall be issued for a residential project subject to this chapter until the developer has submitted an inclusionary housing plan.

C.

Issuance of Building Permit. No building permit shall be issued for a residential project subject to this chapter unless the director has approved the inclusionary housing plan, and any required inclusionary housing agreement has been recorded.

D.

Issuance of Certificate of Occupancy. A certificate of occupancy shall not be issued for a residential project subject to this chapter unless the approved inclusionary housing plan has been fully implemented.

(Ord. 2910 § 1 (part), 2008)

A.

Location within project, relationship to noninclusionary units. All inclusionary units shall be:

1.

Reasonably dispersed throughout the residential project;

2.

Proportional, in number of bedrooms, and location, to the market rate units;

3.

Comparable to the market rate units included in the residential project in terms of design, materials, finished quality, and appearance; and

4.

Permitted the same access to project amenities and recreational facilities, as are market rate units.

B.

Timing of Construction. All inclusionary units in a residential project shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of the required inclusionary units shall be provided within each phase of the residential project.

C.

Units for Sale.

1.

Time Limit for Inclusionary Restrictions. A unit for sale shall be restricted to the target income level group at the applicable affordable housing cost for a minimum of forty-five years.

2.

Certification of Purchasers. The developer and all subsequent owners of an inclusionary unit offered for sale shall certify, on a form provided by the city, the income of the purchaser.

3.

Resale Price Control. In order to maintain the availability of inclusionary units required by this chapter, the resale price of an owner occupied inclusionary unit shall be limited to the lesser of the fair market value of the unit as established by a licensed real estate agent based upon three comparable properties or the restricted resale price. For these purposes, the restricted resale price shall be the greater of either the applicable affordable housing cost or an amount equal to the sum of:

a.

The purchase price;

b.

An amount equal to ten percent of any increase in the applicable affordable housing cost since the previous sale of the unit;

c.

The adjusted amount of any capital improvements for which a building permit has been issued by the city of Whittier and a certification of occupancy or similar final certification has been filed, or other improvements which adds assessed value to the unit;

d.

Any applicable transaction fee charged by a real estate professional; and

e.

If the occupant has allowed the unit to deteriorate due to deferred maintenance, the restricted retail price shall be discounted in an amount equal to the costs necessary to bring the unit into conformity with Title 15

of the Whittier Municipal Code.

4.

Inheritance of Inclusionary Units. Upon the death of an owner of an owner-occupied inclusionary unit, title in the property may transfer to the surviving joint tenant without respect to the income-eligibility of the household. Upon the death of a sole owner or of all owners of an inclusionary unit and the inheritance of the property by one or more nonincome eligible children or stepchildren of the deceased, the property shall be sold to an income eligible household within one year of the time when the deceased's estate is settled. Inheritance of an inclusionary unit by any other nonincome eligible person or persons shall require the sale of the property to an income eligible person as soon as is feasible, but not more than one hundred eighty days after the deceased's estate is settled.

5.

Forfeiture. If an inclusionary unit for sale is sold for an amount in excess of the resale price controls required by this section, the buyer and the seller shall be jointly and severally liable to the city for the entire purchase price of the unit. Recovered funds shall be deposited into the affordable housing trust funds. Notwithstanding the foregoing, it shall be within the discretion of the city manager to allow the buyer and seller one hundred eighty days to cure any violation of the resale price controls.

D.

Rental Units.

1.

Time Limit for Inclusionary Restrictions. A rental unit shall remain restricted to the target income level group at the applicable affordable housing cost for fifty-five years.

2.

Certification of Renters. The owner of any rental inclusionary units shall certify to the director, on a form provided by the city, the income of the tenant at the time of the initial rental and annually thereafter.

3.

Forfeiture. Any lessor who leases an inclusionary unit in violation of this chapter shall be required to forfeit to the city all money so obtained. Recovered funds shall be deposited into the affordable housing trust fund.

E.

The director may require the execution and recording of whatever documents are necessary or helpful to ensure enforcement of this section; including but not limited to: promissory notes, deeds of trust, resale restrictions, rights of first refusal, options to purchase, and/or other documents, which shall be recorded against all inclusionary units.

F.

General Prohibitions.

1.

No person shall sell or rent an inclusionary unit at a price or rent in excess of the applicable affordable housing cost placed on the unit in accordance with this chapter.

2.

No person shall sell or rent an inclusionary unit to a person or persons that do not meet the income restrictions placed on the unit in accordance with this chapter.

3.

No person shall provide false or materially incomplete information to the city or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for which that person is not eligible.

G.

Principal Residency Requirement.

1.

The owner or lessee of an inclusionary unit shall reside in the unit for at least ten out of every twelve months unless actively serving in the United States military. Notwithstanding this requirement, an owner or lessee may live elsewhere for a period up to six months every five years on account of hardships; including, but not limited to, medical reasons, the need to assist family member in crisis or medical need, and relocation for employment purposes.

2.

No owner or lessee of an inclusionary unit shall lease or sublease, as applicable, an inclusionary unit without the prior permission of the director.

(Ord. 2910 § 1 (part), 2008)

A.

Determination of a taking of property without just compensation. In accordance with the procedures provided by this section, a developer may request a determination as to whether the requirements of this chapter, taken together with density bonuses and any concessions or other incentives available under Chapter 18.66, would constitute a taking of property without just compensation under the California or Federal Constitutions.

1.

If an inclusionary housing plan is subject to the approval of the director, the developer may request the director to make a takings determination within fifteen days of the decision by the director to approve or

disapprove the inclusionary housing plan. The developer may appeal the director's takings determination to the city council within fifteen calendar days after the date of the decision in compliance with Section 17.02.080.

2.

If an inclusionary housing plan is subject to the approval of the city council, the developer may request the city council to make a takings determination at the time it acts to approve or disapprove the inclusionary housing plan.

B.

Presumption of Facts. In making the taking recommendation or determination, the director or city council, as appropriate, shall presume each of the following facts:

1.

Application of the inclusionary housing requirement to the residential project; and

2.

Application and utilization of all density bonuses and incentives available under state and local law; and

3.

Utilization of the most cost-efficient product type for the inclusionary units that would meet the standards of this chapter; and

4.

The reasonable availability of external funding.

C.

Modifications to Reduce Obligations. If it is determined that the application of the provisions of this chapter would be a taking, the inclusionary housing plan shall be modified to reduce the obligations in the inclusionary housing component to the extent, and only to the extent necessary, to avoid a taking. If it is determined that no taking would occur though application of this chapter to the residential project, the requirements of this chapter shall remain applicable.

(Ord. 2910 § 1 (part), 2008)

A.

Any violation of this chapter constitutes a misdemeanor.

B.

Forfeiture of Funds. Any individual who sells or rents an inclusionary unit in violation of this chapter shall be required to forfeit all money so obtained. Recovered funds shall be deposited into the city's affordable housing trust fund.

C.

Legal Actions. The city may institute any appropriate legal actions or proceedings necessary to ensure compliance with this chapter, including actions:

1.

To disapprove, revoke, or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval; and

2.

For injunctive relief or damages.

D.

Recovery of Costs. In any action to enforce this chapter, or an inclusionary housing agreement recorded hereunder, the city shall be entitled to recover its reasonable attorney's fees and costs.

(Ord. 2910 § 1 (part), 2008)

There is hereby established a separate fund of the city, to be known as the "Affordable Housing Trust Fund." All monies collected in compliance with Sections 18.11.050(B) (In-lieu fee), 18.11.070(C)(5), 18.11.070(D)(3) (Forfeiture), or 18.11.090 (Enforcement), above, shall be deposited in the affordable housing trust fund.

(Ord. 2910 § 1 (part), 2008)

The council may by resolution establish reasonable fees and deposits for the administration of this chapter.

(Ord. 2910 § 1 (part), 2008)

Chapter 18.12 - R-E SINGLE-FAMILY RESIDENTIAL ESTATE ZONE

In order to provide for the development of single-family residential estate areas, and to maintain the integrity of existing single-family residential estate areas within the city, the regulations set out in this chapter shall be applicable to all uses of properties classified in zone R-E.

(Prior code § 9125)

No person shall use, nor shall any property owner permit the use of, any property classified in the R-E zone for any principal or accessory use, other than the following:

A.

Principal Uses.

1.

One single-family dwelling;

2.

Those uses expressly permitted pursuant to Section 18.52.030;

3.

Residential care facilities, as defined in Section 18.06.369 of this code, serving six or fewer persons.

B.

Accessory Uses. Those accessory uses expressly permitted pursuant to the provisions of this title.

C.

Accessory dwelling units and junior accessory dwelling units in compliance with the requirements of Section 18.10.020(I), Accessory Dwelling Units.

(Ord. 2897 § 9, 2008)

(Ord. No. 3116, § 11, 5-26-20)

18.12.030 - Development standards.

All uses of property in the R-E zone shall comply with the following development standards:

A.

Minimum Lot Area. No lot classified in the R-E zone shall be created after the effective date of the ordinance codified in this section having a minimum lot area of less than fifteen thousand square feet.

B.

Minimum Yard Area. Each lot in the R-E zone shall have and maintain front, side and rear yards conforming to the following requirements:

1.

Front Yards. Each lot in the R-E zone shall maintain a front yard not less than twenty-five feet in depth.

Side Yards. Each lot in the R-E zone shall maintain the following side yards:

a.

Interior lots shall maintain side yards adjacent to each side lot line not less than ten feet in width each.

b.

Each corner lot shall maintain the following side yard requirements:

i.

On the side lot line which abuts another lot, the side yard shall be not less than ten feet in width, and

ii.

On the street side, the side yard shall be not less than twenty-five feet in width.

3.

Rear Yard. Each lot in zone R-E shall maintain a rear yard of not less than ten feet in depth.

C.

Minimum Lot Width. No interior lot classified in zone R-E shall be created after the effective date of the ordinance codified in this section having a minimum lot width of not less than seventy-five feet. Each corner lot created after such effective date shall have a minimum lot width of not less than eighty-five feet.

D.

Maximum Height Limits. No building or structure located on a lot classified in zone R-E shall have a height in excess of thirty feet.

E.

Building Bulk. Buildings, including necessary accessory buildings, may cover not to exceed forty percent of the lot area of any lot in an R-E zone.

(Prior code § 9127)

Chapter 18.14 - H-R HILLSIDE RESIDENTIAL ZONE

The purpose of the city council in enacting the provisions of this chapter is to provide for a safe method of limited development of hillside areas within the city, as described in this chapter, in a manner which will preserve, to the greatest extent possible, existing environment of the area, including natural terrain features consistent with the general plan. The primary purpose of this chapter is to preserve for future generations the unique heritage of open space, and a natural environment in hillside areas within the city and its sphere of influence. Further, in that regard, should any conflict arise in the application of various provisions of the

city's zoning regulations for any hillside area or areas, the planning commission and city council shall give preference to the need to vigorously protect the natural environment of the hillside against change.

(Prior code § 9165)

The provisions of this chapter shall apply to those properties designated in this chapter as being included within a "hillside area." For the purposes of this chapter, the phrase "hillside area" means and refers to all real property as is shown on those certain maps attached to the ordinance codified in this section, incorporated herein by reference and entitled, "Hillside and Biological Sensitivity Areas — city of Whittier Zoning Regulations, Division G, Part 4, Chapter 1, Article IX, Whittier Municipal Code, October 23, 1979." The zoning map shall be amended to show the properties which have been classified in the hillside area by adding the zoning designation, on each such property, of "HR."

(Prior code § 9166)

No person shall use, nor shall any property owner permit, the use of any lot classified in zone H-R for any use other than the following:

A.

Principal Uses.

1.

One single-family dwelling;

2.

Recreational facilities for the exclusive use of the residents of a development, designated as such on an approved plan;

3.

Those uses allowed in zone R-E for which a conditional use permit is required, pursuant to Section 18.52.030; and

4.

Residential care facilities, as defined in Section 18.06.369 of this code, serving six or fewer persons.

B.

Accessory Uses. Those accessory uses expressly permitted pursuant to the provisions of Chapter 18.10 of this code.

C.

Accessory dwelling units and junior accessory dwelling units in compliance with the requirements of Section 18.10.020(I), Accessory Dwelling Units.

(Ord. 2897 § 10, 2008)

(Ord. No. 3116, § 12, 5-26-20)

No building permit shall be issued for any building or structure proposed to be located on any real property classified in the H-R zone unless and until a hillside development plan (in this chapter, "plan"), therefor is first approved in the time and manner set forth in this chapter.

(Prior code § 9168)

Where a plan is approved, no building or structure shall be constructed, erected, located or maintained upon any lot to which such plan applies, unless such building or structure is in compliance with the approved plan. No building permit shall be issued for any building or structure to be located upon any lot as to which such plan applies unless and until the director finds the same to be consistent and compatible with the applicable approved plan.

(Prior code § 9169)

18.14.060 - Development plan—Application.

Where a plan is required pursuant to this chapter, an application for approval of such a plan shall contain the following:

A.

A map or maps showing the following:

1.

All known public and private easements adjacent to or on the property which is the subject of the plan; and

2.

Location of all dumps, fills, sumps, oil, gas and water wells; and

3.

Proposed size of each lot, including all lot lines as proposed; and

4.

Approximate size and location of proposed building pads and driveways, including approximate grades of driveways; and

5.

Cut-and-fill slopes, banks and terraces, and topographic detail to include whole ridges and whole canyons, even if on adjacent properties, including approximate finished elevations of building pads, driveways, property lines and slopes; and

6.

All existing and proposed drainage systems; and

7.

Existing landmarks and natural terrain features, and those existing landmarks and natural terrain features which are proposed to be retained; and

8.

A schematic landscaping plan, including location, type and size of street trees, terraces, parking areas and public areas; and

9.

All existing and proposed roadways, public or private; and

10.

All proposed retaining walls and protective fences, including location, height and proposed material; and

11.

Sight distances (horizontal and vertical) at all streets and driveways; and

12.

Location of known fault lines; and

13.

Topographic maps, at a scale of one inch equals one hundred feet or less, shall include contour intervals of not more than five feet, and any trees in excess of three inches in diameter, measured three feet above natural grade. The maps shall show topography before and after proposed grading; the maps shall include, when so required by the director, natural contours in existence before any grading was accomplished. The maps required under this chapter shall be prepared and certified to by a person properly licensed to do land surveying. The maps required by this section, after review and approval by the city, shall be used to determine the density permitted pursuant to subsection C of Section 18.14.080. Such maps shall also be utilized for the purpose of applying the provisions of subsection D of Section 18.14.080;

B.

A statement containing the following data:

The type of house for which pads are designed (split-level, slab or cantilever); and

2.

Dwelling-unit density proposed; and

3.

Proposed covenants, conditions and restrictions; and

4.

Available utilities; and

5.

Architectural style of houses; and

6.

With the approval of the director, compliance with subdivisions 1 and 2 of this subsection may be deferred until applications for a building permit are made;

C.

A soils and geologic report prepared by a registered soils engineer and/or registered geologist in the state including any known groundwater conditions (dump site, oil-well site, natural ground, etc.;

D.

Scale models, showing existing and proposed contours, together with representative buildings.

(Prior code § 9169.1)

The provisions of this title shall apply to all uses, buildings and structures located or constructed in any H-R zone, except as expressly provided to the contrary in this chapter.

(Prior code § 9169.2)

All uses of property within the H-R zone shall comply with the following development standards:

A.

Compliance with Plan. Each use, building and/or structure shall be constructed, located and thereafter maintained in compliance with the approved plan; and

B.

Compliance with Regulations. Each use, building and/or structure shall be constructed, located and thereafter maintained in compliance with the regulations set forth in this title, including but not limited to Chapter 18.10; and

C.

Density Regulations. Property classified in zone H-R may have and maintain not to exceed the number of dwelling units permitted by the following formula. However, under no circumstances may the yield per net acre exceed three units:

Yield per Net Acre (see also Appendix A of this chapter, "Slope Density Chart").

Y = 4.03 − 0.06857 × S)

"Y" is the maximum number of residential dwelling units per net acre.

"S" is the average slope of the parcel in percent as established in Section 18.14.080D7.

"4.03" is where Line A intersects the ordinate line in Appendix A.

• ".06857" is the slope of Line A in Appendix A.

The above formula is based on the natural average percentage of slope for the various parcels as shown on the map referenced in Section 18.14.020.

D.

Grading. No person shall permit or allow any grading, as that phrase is defined in subdivision 1 of this subsection, upon any property classified in zone H-R, except in compliance with the following:

1.

For the purposes of this chapter, "grading" means any excavating or filling or combination thereof involving the removal, movement or relocation of dirt by hydraulic or mechanical means, except for that necessary for landscaping or maintenance of yards, unless such work changes the finished contours in a manner which would cause surface water to flow onto adjacent public or private properties. A grading plan therefor has been lawfully issued pursuant to Section 18.14.150 of this chapter; and

2.

All graded slopes are contoured and blended to harmonize with natural slopes; and

3.

Each building and structure is designed to fit, as closely as possible, the natural landform, through the use of split-level house designs and other similar techniques; and

The maximum vertical height of cuts or fills, exposed or retained by walls, from toe to top, shall not exceed twenty feet, except this provision shall not apply to slopes created by grading for streets, as specifically approved on a plan. However, the intent of minimizing manmade slopes shall be the guiding factor in creating streets; and

5.

The maximum steepness of cuts and fills shall not exceed 2:1; and

6.

Building sites shall not be pregraded until specific house-site plans and elevations have been approved for each individual site; and

7.

Average Slope.

a.

If the "average slope" of a property, as defined in this chapter, is between one percent and fifty percent, the following schedule shall be utilized to determine the maximum percentages of the ground surfaces of the site that may be graded as approved as part of the plan. All sloping areas of the site which are fifty percent or greater shall not be graded except to correct previous grading, landslide or unstable soil areas, and therefore shall not be included for the purpose of applying the following slope averaging formula to establish which areas may be graded. In no event may the area of a slope which was fifty percent or greater, on the date the application was submitted, be built upon even if these areas have had corrective grading which results in slopes less than fifty percent, except that the city council may allow grading for streets in such an area, but only if it finds that such streets are necessary for primary access to a developable area.

Slope Average Formula

b.

The "average slope" of a parcel of land or any portion thereof shall be computed by applying the following formula to the natural slope of the land, before any grading is commenced. For the purpose of establishing density yield for any given parcel as referenced in subsection C of this section, the formula comprising Appendix A, entitled Slope Density Chart, shall be applied to the entire parcel being considered for development. For the purpose of determining which areas of the site may be graded, the following formula shall be applied only to those portions of the site with less than a fifty-percent slope.

S = 0.00229 IL

A

c.

"Natural slope" means areas which have not been previously significantly graded, or where there is no landslide activity.

E.

Potential Hazard Areas. No building or structure shall be located on property which is within any area described on the map referred to in Section 18.14.020 as a "potential hazard area," unless a competent geologic report unequivocally shows that the proposed placement of the specific buildings and/or structures can be safely accomplished.

F.

Natural Features. Each applicant submitting the plan shall specifically describe thereon all of the property proposed for development which is included within a "major ridge line," or within a "major flora and fauna area." The delineation shall be based upon the designation of such "major ridge lines" and/or "major flora and fauna areas," as referred to in the map referenced in Section 18.14.020. No building or structure shall be located, constructed or maintained on any property designated as the site of a "major ridge line," or a "major flora and fauna area" on an approved plan, except that streets, ways and emergency vehicular access routes may, if necessary for primary access to developable areas, be located thereon so long as the city council finds that the location of any such facilities will not cause biological damage to those areas, or any other area necessary to the continued survival of plant and animal population in those areas.

1.

Those areas shown as "moderate sensitivity" on the map referred to in Section 18.14.020, labeled as "biological sensitivity," shall be given special consideration so as to retain these areas to the maximum extent possible. Consideration shall be given and findings made as to the relationship between all biological and wildlife corridor areas, major ridge lines, and the proposed development during approval of a plan.

2.

Since it is required that even ridge lines not specified as major ridge lines in this subsection may be aesthetically important and warrant protection, specific development guidelines for all such ridge lines shall be formulated at the hillside-plan level of development based upon the specific ridge line and the type and extent of individual development.

3.

With respect to hillside areas proposed for development in the future, and for which major ridge lines and major flora and fauna areas have not yet been designated, the planning commission and city council shall utilize criteria for making such designations which afford environmental protection to at least the same extent as that now provided in areas for which such designations are made in this subsection.

G.

Fire Protection. Because all of the properties classified within the H-R zone are in areas designated as high fire-risk areas, the following fire protection measures shall be observed and maintained for each dwelling unit:

1.

Each habitable structure shall be provided with fire-retardant roof covering consistent with the provisions of the city's building regulations; and

2.

Around each habitable structure, there shall be an area cleared of native brush to a minimum twenty-foot radius from the structure. Such area shall be replanted with perennial grasses or other fire-resistant plants

or ground cover and continually maintained, and shall be provided with automatic sprinkler systems; and

3.

As determined by the fire chief, all brush shall be removed and cleared within twenty feet of each side of every roadway. This includes all flammable vegetation or other combustible growth. This provision shall not apply, however, to single specimen trees, ornamental shrubbery, and cultivated ground cover, such as grass, ivy, succulents, or other similar plants used as ground cover, provided they do not form a means of readily transmitting fire.

H.

Erosion Control. To prevent damage by reason of erosion of land, the following standards shall be observed in all H-R zones:

1.

All manufactured slopes shall be planted or otherwise protected from the effects of storm- runoff erosion, in a manner approved by the director of parks, within thirty days of the completion of the grading. Planting shall be designed to blend the slope in with the surrounding terrain and development; and

2.

Permanent irrigation systems shall be provided to insure the proper maintenance of the planted areas; and

3.

Each plan shall provide a suitable method for insuring compliance with landscaping and irrigation plans, which shall be approved as a part of such plan for all manufactured slopes and recreation areas.

I.

Off-Street Parking. Each residential unit located within the H-R zone shall be provided, permanently, with two off-street parking spaces, constructed and maintained in accordance with the parking development standards set forth in Chapter 18.48. In addition, there shall be provided one additional off-street parking space per dwelling unit located within a minimum of one hundred fifty feet from the unit served thereby.

(Prior code § 9169.3)

Applications for plans shall be filed with the director, and shall consist of the following:

A.

The material required pursuant to Section 18.14.060; and

B.

Proof of ownership of property, or the written authorization from the owner permitting such filing; and

C.

Such other matter as the applicant or director may deem appropriate and material to the proposal. A filing and processing fee shall be paid at the time of the filing of the application, in an amount as set by resolution of the council.

(Prior code § 9169.4)

Applications, when filed with the director, shall be submitted to the engineering, police, water, fire and building departments, and any other affected city, county or state departments for comments and recommendations. All such staff reports, including the planning department report, shall be submitted to the commission and city council for their consideration.

(Prior code § 9169.5)

A.

At least ten days in advance of the time set for consideration by the commission, the director shall give written notice of the time and place of such hearing to the applicant, and to all persons owning property within three hundred feet of the exterior boundaries of the property involved in the proposed plan. If the commission finds that the plan as submitted:

1.

Is in compliance with the provisions of this chapter; and

2.

Is consistent with the subdivision and zoning regulations and the general plan; and

3.

Is compatible with present and future development of the property within the immediate vicinity; it shall recommend to the city council approval of the plan. The commission may also recommend conditions to be imposed upon such approval, if it deems the same appropriate. If the commission finds, as a result of its consideration of the plan, that the same does not comply with subdivisions A1, A2 or A3 of this section, it shall deny the plan.

B.

In cases of denial, the commission's action shall be final and conclusive, unless the applicant appeals the same to the city council by filing a written letter of appeal with the city clerk, together with a filing and processing fee in an amount set by council resolution, appealing such decision to the city council. Such an appeal shall be filed in the time and manner provided in Section 18.14.120.

(Prior code § 9169.6; Ord. No. 3112, § 4, 2-25-20)

18.14.120 - Appeal procedures—Conditions.

A.

Upon the receipt by the city clerk of an appeal in the case of a denial, or a copy of the commission's resolution recommending approval of a plan, the city clerk shall set the same for consideration by the council at its next most convenient meeting. The city clerk shall give notice in accordance with Section 18.14.110 of the time and place set for hearing thereof by the council. At such time and place the council shall consider the commission's files and all applicable staff reports, and any relevant evidence offered by any person, and determine whether the commission's action should be approved, modified or disapproved. The action of the council shall be based upon Section 18.14.110.

B.

The council may, in the case of approval of a plan, condition the same in such manner as it deems necessary to insure compliance with the purpose and intent of Chapters 18.10 through 18.22.

(Prior code § 9169.7; Ord. No. 3112, § 4, 2-25-20)

Hearings on plans before the commission and council shall be conducted so that all interested persons are given a reasonable opportunity to be heard in connection therewith.

(Prior code § 9169.8)

18.14.140 - Approved plan—Validity period.

A.

Duration. A plan approved pursuant to the provisions of Chapters 18.10 through 18.22 shall be valid and in effect for a period of eighteen months after approval thereof of the council. Within said period of time, the proposed development shall be commenced in accordance with said period of time.

B.

Extension by Director. The director, for good cause, may extend the period of time pursuant to this section, for a reasonable time not to exceed an additional eighteen-month period.

(Prior code § 9169.9(1))

18.14.150 - Lot, yard and open-space requirements.

A.

Lot and Yard Areas. Each approved plan, as to each lot included therein, shall:

1.

Establish a specific lot area; and

Establish a specific building site; and

3.

Establish a specific building height for each building and structure.

B.

Approved Plans. Each approved plan, as to each lot included therein, may establish such required side, front and/or rear yard areas as may be reasonably required.

C.

Open Space Ownership and Maintenance. The use and maintenance of those areas covered by a plan which are to remain as undeveloped open spaces, or which are to be used for recreational purposes, shall be governed by appropriate provisions of covenants, conditions and restrictions approved by the city.

(Prior code § 9169(2)(3))

As a part of plan approval, the applicant may request that the property be planned and/or developed in increments of not less than one hundred acres. If the council finds that the public interest so requires, it

may approve such phased planning and/or development, provided that the plan shall show, as to the entire ownership, a conceptual urban design plan showing proposed major arterial and secondary streets, storm drains, sewer trunklines and such other features as may be required by the director.

(Prior code § 9169.9(4))

There shall be no modification of, amendment to, or repeal of any provision or provisions contained in this chapter, except by a vote of the people of the city.

(Prior code § 9169.10)

==> picture [378 x 576] intentionally omitted <==

Chapter 18.16 - R-1 SINGLE-FAMILY RESIDENTIAL ZONE

Sections:

In order to provide for the development of single-family residential areas and to maintain the integrity of existing single-family residential areas within the city, the regulations set forth in this chapter shall be

applicable to all uses of properties classified in zone R-1.

(Prior code § 9130)

No person shall use, nor shall any property owner permit the use of, any property classified in the R-1 zone for any principal or accessory use other than the following:

A.

Principal Uses.

1.

One single-family dwelling;

2.

Those uses expressly permitted pursuant to Section 18.52.030;

3.

Foundational mobile homes and modular homes;

4.

Family day care homes for fourteen or fewer children;

5.

Residential care facilities, as defined in Chapter 18.06 of this code, pursuant to the California Community Care Facilities Act (Health and Safety Code Section 1500-1518, serving six or fewer persons.

6.

Transitional and Supportive Housing as defined in Health and Safety Codes 50675.2 and 50675.14

7.

Employee Housing as defined in Health and Safety Code Section 17008.

(Ord. 2897 § 11, 2008)

(Ord. No. 3116, § 13, 5-26-20; Ord. No. 3117, § 6, 6-23-20; Ord. No. 3159, § 3(Exh. A), 11-12-24)

All uses of property in the R-1 zone shall comply with the following development standards:

A.

Minimum Lot Area.

1.

Each lot in the R-1 zone created after the effective date of the ordinance codified in this section shall have a minimum lot area of not less than seven thousand square feet, or an area equal to the minimum lot area as described in Section 18.08.050.

2.

Each lot for which an application for a second dwelling unit is submitted, shall have a minimum lot area not less than the sum of the lot area in subsection A(1) above.

B.

Minimum Yard Areas. Each lot in the R-1 zone shall have front, side and rear yards conforming to the following requirements:

1.

Front Yards. Each lot in the R-1 zone shall maintain a front yard of not less than twenty feet in depth, except that the front yard area for a key lot shall be not less than fifteen feet.

2.

Side Yards. Each lot in the R-1 zone shall maintain the following side yards:

a.

Interior Lots. Interior lots shall maintain side yards adjacent to each side lot line not less than five feet in width each.

b.

Corner Lots. Each corner lot shall maintain the following side yard requirements:

i.

On the side lot line which abuts another lot, the side yard shall be not less than five feet in width, and

ii.

On the street side, the side yard shall be not less than ten feet in width,

iii.

Second Dwellings. A second dwelling which has its entrance facing a side property line shall maintain a side yard of not less than ten feet.

Rear Yards. Each lot in zone R-1 shall maintain a rear yard of not less than five feet in depth.

C.

Minimum Lot Width. Each interior lot created after the effective date of the ordinance codified in this section shall have a lot width of not less than sixty feet. Each corner lot created after such effective date shall have a minimum lot width of not less than sixty-five feet.

D.

Maximum Heights Limits. No building or structure located on a lot in zone R-1 shall have a height in excess of thirty-five feet; provided, that chimneys and similar architectural features may project above the highest point a maximum of two feet; and provided further, that where existing neighborhoods are predominantly single story in character, the approving authority may limit the height, area and/or placement of second story additions or may prohibit them in order to preserve the architectural integrity of the neighborhood.

E.

Building Bulk. Buildings, including accessory buildings, may cover not to exceed forty percent of the lot area of any lot in an R-1 zone.

F.

Exterior Lighting. All exterior lighting operated or maintained in conjunction with any activity or for any purpose on any R-1 zoned lot shall be arranged so as to reflect light away from adjacent property.

(Ord. 2616 § 2, 1994; Ord. 2610 § 1 (G, H(1)), 1993; Ord. 2318 § 1(d), 1983; prior code § 9132)

(Ord. No. 2938, § 2, 10-27-09)

Chapter 18.18 - R-2 LIGHT MULTIPLE RESIDENTIAL ZONE

In order to provide for the development of light multiple residential areas and to maintain the integrity of existing light multiple residential areas within the city, the regulations set out in this chapter shall be applicable to all properties classified in zone R-2.

(Prior code § 9140)

No person shall use, nor shall any property owner permit, the use of an R-2-zoned lot for any principal or accessory use other than the following:

A.

Principal Uses.

Dwelling units, the number of which shall be one dwelling unit for each three thousand square feet of total lot area;

2.

Those uses expressly permitted pursuant to Section 18.52.030, for which a conditional use permit is required;

3.

Those uses permitted in the R-1 zone.

B.

Accessory Uses. Those accessory uses expressly permitted pursuant to the provisions of this title.

(Ord. 2518 § 4, 1990; prior code § 9141)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

All uses of properties in the R-2 zone shall comply with the following development standards:

A.

Minimum Lot Area. Each lot classified in zone R-2 created after the effective date of the ordinance codified in this section shall have a minimum lot area of not less than seven thousand feet.

B.

Minimum Yard Areas. Each lot in the R-2 zone shall have front, side and rear yards conforming to the following requirements:

1.

Front Yards. Each lot in the R-2 zone shall maintain a front yard of not less than twenty feet in depth, except that the front yard area for a key lot shall be not less than fifteen feet.

2.

Side Yards. Each lot in the R-2 zone shall maintain the following side yards:

a.

Interior Lots. Interior lots shall maintain side yards adjacent to each side lot line not less than five feet in width each.

b.

Corner Lots. Each corner lot shall maintain the following side yard requirements:

i.

On the side lot line which abuts another lot, the side yard shall be not less than five feet in width, and

ii.

On the street side, the required side yard shall be not less than ten feet in width.

c.

Units Fronting on Side Yards. If the front of one or more dwelling units faces a side yard area, that portion of such side yard area and the front door of the rearmost unit facing on the side yard area shall be of a width not less than ten feet; provided, that any floor above the ground floor may encroach in excess of five feet into such side yard area, if a vertical clearance of not less than ten feet is observed from the ground level of such yard area.

3.

Rear Yards. Each lot in zone R-2 shall maintain a rear yard of not less than five feet in depth.

C.

Minimum Lot Width. Each interior lot in zone R-2 created after the effective date of the ordinance codified in this section shall have a minimum lot width of not less than sixty feet. Each corner lot created after such effective date shall have a minimum lot width of not less than sixty-five feet.

D.

Maximum Height Limits. No building or structure located on a lot in zone R-2 shall have a height in excess of thirty-five feet; provided, that chimneys and similar architectural features may project above the highest point a maximum of two feet; and provided further, that where existing neighborhoods are predominantly single story in character, the approving authority may limit the height, area and/or placement of second story additions or may prohibited them in order to preserve the architectural integrity of the neighborhood.

E.

Open Space. Each lot in a development in the R-2 zone shall have and maintain at least three hundred fifty square feet of open space per unit, provided:

1.

Private Open Space. Each unit in a development in the R-2 zone shall have and maintain at least two hundred fifty square feet of private usable open space dedicated for the exclusive use of each dwelling unit. Private open space shall be located and maintained immediately adjacent to the unit served, with direct access thereto, from a bedroom, living, dining or family room.

2.

Location. Not less than one hundred square feet of the private open space for each unit shall be provided on the ground.

3.

Minimum Dimensions. In order to assure the usability of open space, required open space shall have dimensions of not less than ten feet, except where such open space is contiguous to a required yard or private open space, such minimum dimension may be reduced to five feet. Open space located above the ground shall have minimum dimensions of not less than ten feet by eight feet.

F.

Landscaping.

1.

Whenever a driveway is located within a required side yard, and when dwelling units face the yard, a landscaped area at least five feet wide shall be maintained between such driveway and any building on the same lot containing such units. Required walkways may encroach not more than thirty inches into such landscaped area.

2.

All open areas on R-2-zoned lots, except driveways, parking areas, walkways, utility areas, improved decks, patios, porches or play areas, shall be maintained with appropriate landscaping.

G.

Drainage. All open areas shall be maintained so as to readily dispose of all storm-runoff water and all surface water.

H.

Internal Walkways.

1.

There shall be internal walkways allowing adequate pedestrian access to at least one adjacent public street, the off-street parking areas and buildings containing dwelling units. Such walkways shall be a minimum of thirty inches wide, and shall be improved with a hard, durable surfacing.

2.

Driveways shall not be utilized in lieu of required internal walkways.

I.

Outdoor Clothes-drying Yards or Areas. No outdoor clothes-drying area shall be allowed or maintained, unless enclosed with a six-foot-high, view-obscuring wall or fence.

J.

Exterior Lighting. All exterior lighting operated or maintained in conjunction with any activity or purpose on any R-2-zoned lot shall be arranged so as to reflect the light away from any other adjacent property.

K.

Fencing. A six-foot-high, view-obscuring fence or wall should be erected and maintained along each lot line of an R-2 zoned lot which separates the same from an R-E zoned or R-1 zoned lot, except within the required front yard area.

(Ord. 2632 § 1 (B), 1994; Ord. 2610 § 1 (H(2), J), 1993; prior code § 9142)

Chapter 18.20 - R-3 MEDIUM MULTIPLE RESIDENTIAL ZONE

In order to provide for the development of medium multiple residential areas and to maintain the integrity of existing medium multiple residential areas within the city, the regulations set out in this chapter shall be applicable to all properties classified in zone R-3.

(Prior code § 9150)

No person shall use, nor shall any property owner permit the use of, an R-3-zoned lot for any principal or accessory use other than the following:

A.

Principal Uses.

1.

Dwelling units, the number of which shall be determined as follows:

a.

On lots having seven thousand square feet or less of lot area, one dwelling unit for each two thousand fifty square feet of lot area, and

b.

On lots having more than seven thousand square feet of lot area, one dwelling unit for each one thousand seven hundred fifty square feet of total lot area;

2.

Those uses expressly permitted pursuant to Section 18.52.030, for which a conditional use permit is required;

3.

Those uses permitted in the R-2 zone;

B.

Accessory Uses. Those accessory uses permitted pursuant to the provisions of this title.

(Ord. 2518 § 5 (part), 1990; prior code § 9151)

All uses of properties in the R-3 zone shall comply with the following development standards:

A.

Minimum Lot Area. No lot in the R-3 zone created after the effective date of the ordinance codified in this section shall have a minimum lot area of less than seven thousand square feet.

B.

Minimum Yard Areas. Each lot in the R-3 zone shall have front, side and rear yards conforming to the following requirements:

1.

Front Yards. Each lot in the R-3 zone shall have a front yard of not less than the average of the front building setbacks on the existing buildings within the block where the buildings are located, but shall not be less than fifteen feet in depth; provided, that on corner lots, the setback shall not result in a visual closure of the entrance to the block. The second floor shall have a differential setback from the first floor which will create a single-family character to the front of the structure.

2.

Side Yards. In the R-3 zone, every lot shall have and maintain side yards adjacent to each side lot line the total of which shall equal not less than thirty percent of the lot width within the front fifty feet of the lot, provided:

a.

Interior Lot Lines. Side yards on interior lot lines shall be not less than ten percent of the lot width and not less than five feet in width.

b.

Corner Lots. On the street side, the required side yard shall be not less than ten feet in width.

c.

Covered Unenclosed Porches. Covered unenclosed porches may encroach five feet into required side yards of ten feet or more in width.

3.

Rear Yards. Every lot in the R-3 zone shall have a rear yard of not less than five feet.

C.

Minimum Lot Width. The minimum lot width for R-3-zoned lots created after the effective date of the ordinance codified in this chapter shall be seventy feet.

D.

Maximum Height Limits. No building or structure located on a lot in zone R-3 shall have a height in excess of thirty-five feet; provided, that chimneys and similar architectural features may project above the highest point a maximum of two feet; and provided further, that where existing neighborhoods are predominantly single story in character, the approving authority may limit the height, area and/or placement of second story additions or may prohibit them in order to preserve the architectural integrity of the neighborhood.

E.

Open Space.

1.

Private Open Space. Each unit in a development in the R-3 zone shall have and maintain at least one hundred fifty square feet of private usable open space dedicated for the exclusive use of each dwelling unit. Private open space shall be located and maintained immediately adjacent to the unit served, with direct access thereto, from a bedroom, living, dining or family room.

2.

Common Open Space. Each lot in a development in the R-3 zone shall have and maintain at least two hundred square feet of common open space per unit, located within a reasonable proximity of most of the units.

a.

For projects of less than ten units, the common open space shall include a landscaped area with amenities such as barbecues, fire pit, children's play area or family picnic area.

b.

For projects of ten units or more, a minimum of two of the following recreational facilities shall be provided within the common open space:

a.

Landscaped area with amenities such as a barbecue or a fire pit;

b.

Children's play area;

c.

Family picnic area;

d.

Swimming pool or spa with cabana or patio cover;

e.

Recreation room with facilities.

3.

Minimum Dimensions. In order to assure the usability of open space, required open space shall have minimum dimensions as follows:

a.

Private open space shall have dimensions of not less than five feet by eight feet.

b.

Common open space shall have dimensions of not less than ten feet, except where such open space is contiguous to a required yard or private open space, such minimum dimension may be reduced to five feet.

c.

Not less than one-half of the total required common open space shall be a contiguous area located on the ground.

F.

Landscaping.

1.

Whenever a driveway is located within a required side yard, and when the entry to such dwelling units is from said yard, a landscaped area at least five feet wide shall be maintained between such a driveway, and any building on the same lot containing such units. Required walkways may encroach not more than thirtysix inches into such landscaped area. The landscaped area may be reduced to a minimum of two feet and located adjacent to the building when a walkway is located adjacent to a driveway. The walkway shall be differentiated from the driveway by the use of decorative pavement and shall be separated by a concrete curb not less than four inches in height.

2.

All open areas on R-3 zoned lots including areas between garages, except driveways, parking areas, walkways, utility areas, improved decks, patios, porches or play areas shall be maintained with plant material and appropriately irrigated to city landscape guidelines and standards. All plant material shall be maintained in a healthy and thriving condition, clear of weeds and debris. Plans shall meet all city requirements for submittal, including but not limited to the city landscape guidelines. The city shall maintain the option to require plans to be prepared by a landscape professional, including but not limited to a landscape contractor, landscape architect or landscape designer.

Landscaping shall be planted at the minimum of one tree for each one thousand five hundred square feet of net lot area with a minimum of twenty percent of the trees at a twenty-four-inch box size; fifty percent of the trees at a fifteen gallon size; and thirty percent at a five gallon size. The approving authority of the development review shall have the authority to reduce these quantities, when substantial amounts of specimen size trees are planted. A credit of two trees may be given for each existing specimen sized tree preserved.

G.

Drainage. All open areas shall be maintained so as to readily dispose of all storm-runoff water and all surface water.

H.

Internal Walkways.

1.

There shall be internal walkways allowing adequate pedestrian access to at least one adjacent public street, the off-street parking areas and buildings containing dwelling units. Such walkways shall be a minimum of thirty-six inches wide and shall be improved with a hard, durable surfacing.

2.

Driveways shall not be utilized in lieu of required internal walkways.

I.

Laundry Facilities—Outdoor Clothes-drying Yards or Areas. No outdoor clothes-drying areas shall be allowed or maintained. Accommodations for washers and dryers shall be made within the units or on the site of the development. For three units or less, a minimum of one clothes washer and one clothes dryer shall be provided. For more than three units, two clothes washers and two clothes dryers shall be provided for each eight units.

J.

Exterior Lighting. All exterior lighting operated or maintained in conjunction with any activity or purpose on any R-3-zoned lot shall be arranged so as to reflect the light away from any other adjacent property.

K.

Fencing.

1.

A six-foot high wall shall be erected and maintained in and along each interior lot line of an R-3 (or R-4) zoned lot, except within the required front yard area.

Within the required front yard fences shall be constructed of nonview-obscuring material. If columns are used to support the fence, they may not exceed forty-two inches in height and may be no wider than eighteen inches and no closer than eight feet, center-to-center and may include a masonry base of not more than twenty-four inches in height.

L.

Storage. A minimum of two hundred fifty cubic feet of lockable, enclosed storage per unit shall be provided in the garage or carport area; substitutions for the location of the storage may be granted by the approving authority at the time of development review.

M.

Recreation Vehicle Parking. The parking of boats, trailers, campers and recreation vehicles, other than passenger van conversions, is prohibited except in areas specifically designed for such parking, not including any required parking spaces, driveways or turnaround areas; provided, that such areas shall be fully screened from view of the public street or from an R-E, R-1 or R-2-zoned lot.

(Ord. 2632 § 1 (C), 1994; Ord. 2610 § 1 (H(3), I, K), 1993; Ord. 2518 § 5 (part), 1990; prior code § 9152)

Chapter 18.22 - R-4 HEAVY MULTIPLE RESIDENTIAL ZONE

In order to provide for the development of heavy multiple residential areas and to maintain the integrity of existing heavy multiple residential areas within the city, the regulations set out in this chapter shall be applicable to all properties classified in zone R-4.

(Prior code § 9160)

No person shall use, nor shall any property owner permit the use of, an R-4-zoned lot for any principal or accessory use other than the following:

A.

Principal Uses.

1.

Dwelling units, the number of which shall be determined as follows:

a.

On lots having seven thousand square feet or less of lot area, one dwelling unit for each two thousand fifty square feet of lot area. If optional development standards are incorporated into the design of the project, the density for the lot may be computed on the basis of one dwelling unit for each one thousand six hundred fifty square feet of lot area.

b.

On lots having more than seven thousand but less than twenty thousand square feet of lot area, one dwelling unit for each one thousand four hundred square feet of total lot area. If optional development standards are incorporated into the design of the project, the density for the lot may be computed on the basis of one dwelling unit for each one thousand two hundred fifty square feet of lot area; and

c.

On lots having twenty thousand square feet or more of lot area, one dwelling unit for each one thousand two hundred fifty square feet of total lot area;

2.

Those uses expressly permitted pursuant to Section 18.52.030 for which a conditional use permit is required; and

3.

Those uses permitted in the R-3 zone.

B.

Accessory Uses. Accessory uses are permitted pursuant to the provisions of this title.

(Ord. 2518 § 6 (part), 1990; prior code § 9161)

All uses of property in the R-4 zone shall comply with the following development standards:

A.

Minimum Lot Area. No lot in the R-4 zone shall be created after the effective date of the ordinance codified in this section having a minimum lot area of less than twenty-one thousand square feet.

B.

Minimum Yard Areas.

1.

Front Yards. Each lot in the R-4 zone shall have a front yard setback of not less than the average of the front building setbacks on the existing buildings within the block where the buildings are located, but shall not be less than fifteen feet in depth; provided, that on corner lots, the setback shall not result in a visual closure of the entrance to the block. The second floor shall have a differential setback from the first floor which will create a single-family character to the front of the structure.

2.

Side Yards. In the R-4 zone, every lot shall have and maintain side yards adjacent to each side lot line the total of which shall equal not less than thirty percent of the lot width within the front fifty feet of the lot, provided:

a.

Interior Lot Lines. Side yards on interior lot lines shall be not less than ten percent of the lot width and not less than five feet in width.

b.

Corner Lots. On the street side, the required side yard shall be not less than ten feet in width.

c.

Covered Unenclosed Porches. Covered unenclosed porches may encroach five feet into required side yards of ten feet or more in width.

3.

Rear Yards. Every lot in the R-4 zone shall have a rear yard of not less than five feet in depth.

C.

Minimum Lot Width. The minimum lot width for all R-4-zoned lots created after the effective date of the ordinance codified in this section shall be seventy feet.

D.

Maximum Height Limits. No building or structure located on a lot in zone R-4 shall have a height in excess of thirty-five feet; provided, that chimneys and similar architectural feature may project above the highest point a maximum of two feet; and provided further, that where existing neighborhoods are predominantly single story in character, the approving authority may limit the height, area and/or placement of second story additions or may prohibit them in order to preserve the architectural integrity of the neighborhood.

E.

Open Space.

1.

Private Open Space. Each unit in a development in the R-4 zone shall have and maintain at least one hundred fifty square feet of private usable open space dedicated for the exclusive use of each dwelling unit. Private open space shall be located and maintained immediately adjacent to the unit served, with direct access thereto, from a bedroom, living, dining or family room.

2.

Common Open Space. Each lot in a development in the R-4 zone shall have and maintain at least two hundred square feet of common open space per unit, located within reasonable proximity of most of the

units.

a.

For projects of less than ten units, the common open space shall include a landscaped area with amenities such as barbecues, fire pit, children's play area or family picnic area.

b.

For projects of ten units or more, a minimum of two of the following recreational facilities shall be provided within the common open space:

i.

Landscaped area with amenities such as barbecues, fire pit;

ii.

Children's play area;

iii.

Family picnic area;

iv.

Swimming pool or spa with cabana or patio cover;

v.

Recreation room with facilities.

F.

Landscaping.

1.

Whenever a driveway is located within a required side yard, and when the entry to such dwelling units is from said yard, a landscaped area at least five feet wide shall be maintained between such a driveway, and any building on the same lot containing such units. Required walkways may encroach not more than thirtysix inches into such landscaped area. The landscaped area may be reduced to a minimum of two feet and located adjacent to the building when a walkway is located adjacent to a driveway. The walkway shall be differentiated from the driveway by the use of decorative pavement and shall be separated by a concrete curb not less than four inches in height.

2.

All open areas on R-4-zoned lots including areas between garages, except driveways, parking areas, walkways, utility areas, improved decks, patios, porches or play areas shall be maintained with plant material and appropriately irrigated to city landscape guidelines and standards. All plant material shall be

maintained in a healthy and thriving condition, clear of weeds and debris. Plans shall meet all city requirements for submittal, including but not limited to city landscape guidelines. The city shall maintain the option to require plans to be prepared by a landscape professional, including but not limited to a landscape contractor, landscape architect or landscape designer.

3.

Landscaping shall be planted at the minimum of one tree for each one thousand five hundred square feet of net lot area with a minimum of twenty percent of the trees at a twenty-four-inch box size; fifty percent of the trees at a fifteen gallon size; and thirty percent at a five gallon size. The approving authority of the development review shall have the authority to reduce these quantities, when substantial amounts of specimen size trees are planted. A credit of two trees may be given for each existing specimen sized tree preserved.

G.

Drainage. All open areas shall be maintained so as to readily dispose of all storm-runoff water and surface water.

H.

Internal Walkways.

1.

There shall be internal walkways allowing adequate pedestrian access to at least one adjacent public street, the off-street parking areas and buildings containing dwelling units. Such walkways shall be a minimum of thirty inches wide and shall be improved with a hard, durable surfacing.

2.

Driveways shall not be utilized in lieu of required internal walkways.

I.

Outdoor Clothes-drying Yards or Areas. No outdoor clothes-drying area shall be allowed or maintained.

J.

Exterior Lighting. All exterior lighting operated or maintained in conjunction with any activity or purpose on any R-4-zoned lot shall be arranged so as to reflect the light away from any other adjacent property.

K.

Fencing.

1.

A six-foot-high wall shall be erected and maintained in and along each interior lot line of an R-3 (or R-4) zoned lot, except within the required front yard area.

2.

Within the required front yard fences shall be constructed of nonview-obscuring material. If columns are used to support the fence, the may not exceed forty-two inches in height and may be no wider than eighteen inches and no closer than eight feet, center-to-center and may include a masonry base of not more than twenty-four inches in height.

L.

Storage. A minimum of two hundred fifty cubic feet of lockable, enclosed storage per unit shall be provided in the garage or carport area; substitution for the location of the storage may be granted by the approving authority at the time of development review.

M.

Recreation Vehicle Parking. The parking of boats, trailers, campers and recreation vehicles, other than passenger van conversions, is prohibited except in areas specifically designed for such parking, not including any required parking spaces, driveways or turnaround areas; provided, that such areas shall be fully screened from view of the public street or from an R-E, R-1 or R-2-zoned lot.

(Ord. 2632 § 1 (D), 1994; amended during 2/94 supplement; Ord. 2610 § 1 (H(4), K), 1993; Ord. 2518 § 6 (part), 1990; prior code § 9162)

Alternative development standards are intended to provide better quality of design than could be achieved through the use of the basic development standards indicated in Section 18.22.030. Alternative development standards allow the use of more creative design, while maintaining the quality of development and the character of the adjacent and surrounding neighborhood. This section is not to be construed as a substitute for the variance procedure detailed in Chapter 18.52. The following alternative development standards may be employed:

A.

Front Yards. The front yard setback may be equal to an average of fifteen feet with a minimum of ten feet. For corner lots whose side yard is located on an arterial within the city, the minimum front yard setback shall not be reduced below that which is required by Section 18.22.030B.2.a, b and c.

B.

Maximum Height Limits. The maximum height limit may be increased to forty feet, but no more than two stories, for architectural features of the proposed building(s) which are indicative of the design character of the immediate surrounding area and neighborhood.

C.

Street Garage. Two of the required parking spaces may have access taken from the street if:

Parking spaces are located in a garage;

2.

Driveway pavement is enriched or decorative;

3.

Access is not taken from a circulation element road;

4.

Garage doors are required.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Editor's note— Ord. No. 3159, § 3(Exh. A), adopted Nov. 12, 2024, amended § 18.22.040 in its entirety to read as herein set out. Former § 18.22.040 pertained to optional development standards and derived from Ord. 2518 § 6, adopted in 1990.

18.22.050 - Use of optional development standards.

A.

A development review application may be approved, utilizing optional development standards, notwithstanding any provision of this title to the contrary, and to the exclusion of the zoning regulations applicable to the lot by reason of its underlying zone classification, provided:

1.

That the approval is consistent with the public peace, health, safety and general welfare; and

2.

That the development proposed is consistent with the city's general plan and any applicable specific plan relating to the areas included within such plan; and

3.

That the development will be in substantial compliance with the purpose and intent of the zoning regulations; and

4.

The approving body or zoning administrator shall make a specific finding as a condition of approval that the optional standards being approved shall increase the quality of the project by achieving greater than minimum standard requirements provided by the code.

(Ord. 2518 § 6 (part), 1990)

Chapter 18.23 - R-5 VERY HEAVY MULTIPLE RESIDENTIAL ZONE

In order to provide for the development of very heavy multiple residential areas within the city, the regulations set out in this chapter shall be applicable to all properties classified in the R-5 zone.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

No person shall use, nor shall any property owner permit the use of, an R-5-zoned lot for any principal or accessory use other than the following:

A.

Principal Uses.

1.

Dwelling units, the number of which shall be determined as follows:

a.

On lots having ten thousand square feet or less of lot area, one dwelling unit for each one thousand two hundred square feet of lot area.

b.

On lots having more than ten thousand but less than twenty-five thousand square feet of lot area, one dwelling unit for each one thousand square feet of total lot area.

c.

On lots having twenty-five thousand square feet or more of lot area, one dwelling unit for each eight hundred square feet of total lot area;

i.

Those uses expressly permitted pursuant to Section 18.52.030 for which a conditional use permit is required; and

ii.

Those uses permitted in the R-4 zone.

B.

Accessory Uses. Accessory uses are permitted pursuant to the provisions of this title.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

All uses of property in the R-5 zone shall comply with the following development standards and all other development standards as outlined within this title:

A.

Minimum Lot Area. Twenty-five thousand square feet for newly created lots. No minimum applies to existing lots.

B.

Minimum Yard Areas. Each lot in the R-5 zone shall have front, side and rear yards conforming to the following requirements:

1.

Front Yards. Ten feet, provided that on corner lots, the setback shall not result in a visual closure of the entrance to the block.

2.

Side Yards. Each lot shall maintain the following side yards; except that no side yard shall ever be less than five feet:

a.

Interior. Side yard setbacks shall be at least five feet.

b.

Corner. Side street yard setbacks shall be ten feet and fifteen when abutting residential uses.

3.

Rear Yards. Each lot shall maintain a rear yard of not less than five feet.

C.

Minimum Lot Width. No less than eighty feet for newly created lots. No minimum applies to existing lots.

D.

Maximum Height Limits. No building or structure located on a lot in the R-5 zone shall have a height in excess of sixty feet; provided that any chimneys, elevators, stairways, towers or similar architectural features may project above the highest point a maximum of two additional feet.

E.

Open Space. The following types and amounts of open space shall be provided:

1.

Private Open Space. Each unit in a development in the R-5 zone shall have and maintain at least one hundred square feet of private usable open space dedicated for the exclusive use of each dwelling unit. Private open space shall be located and maintained immediately adjacent to the unit served, with direct access thereto, from a bedroom, living, dining or family room. Mechanical equipment shall not be located within the private open space areas.

2.

Common Open Space. Each lot in a development in the R-5 zone shall have and maintain at least one hundred fifty square feet of common open space per unit, located centrally within the lot or building, or distributed equitably between the units. Common open space areas shall provide a minimum of two recreational/fitness serving amenities, one passive amenity, and one entertainment focused amenity.

F.

Storage. A minimum of two hundred fifty cubic feet of lockable, enclosed storage per unit shall be provided for use by the occupants of each individual unit. Such storage units shall not be located within the interior square footage of the unit and screened from public view.

G.

Design Standards. All development within the R-5 zone shall comply with the applicable design standards of Chapters 18.93 or 18.94.

H.

Parking. Developments that provide parking in shared facilities (structures, subterranean, or wrapped as a podium) shall be integrated into the building design and shall be subject to the applicable requirements of Chapter 18.99.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Chapter 18.24 - COMMERCIAL ZONES GENERALLY

The regulations and development standards set forth in this chapter shall be applicable to, and shall control the installation and utilization of uses located on any C-zoned lot.

(Prior code § 9170)

On the site of an active construction project, the storage of building materials necessary for the construction of the approved project will be permitted as an accessory use. Upon completion of the approved project, the property owner shall have ten calendar days in which to remove all building materials

associated with the construction of the approved project and to render the surrounding off-site area clean and free of all trash and debris that was associated with the construction of the approved project.

(Ord. 2515 § 5, 1990)

Every use permitted pursuant to Chapters 18.26 through 18.32 shall comply with the following:

A.

Uses Within Buildings. All uses shall be conducted totally within a completely enclosed building, except:

1.

For those uses which are customarily conducted in the open, determined as such, pursuant to Section 18.50.030, and/or

2.

The outdoor storage of materials if the same is in an area enclosed by a view-obscuring fence or wall, not less than eight feet in height, having a closeable access gate, and/or

3.

For those uses which are expressly permitted to be conducted in the open by the provisions of Chapters 18.24 through 18.32, and/or

4.

Reverse vending machines and small recycling collection facilities. Each such facility shall be established only in conjunction with a permitted commercial principal use, and shall be constructed and maintained with durable waterproof and rustproof material;

B.

Storage. Storage of materials shall be limited to accessory storage of such materials sold or utilized in the conduct of a principal use on the lot;

C.

Sales and Display Areas.

1.

Outdoor sale and display areas shall be completely enclosed by a view-obscuring wall of not less than eight feet in height, except the following specifically described outdoor sale or display areas:

a.

Motor vehicle, trailer and boat sales,

b.

Service stations,

c.

Nursery plants and flower sales,

d.

Similar sales and display areas, determined as such, pursuant to Section 18.50.030;

2.

All permitted outdoor sales and display and storage areas shall be surfaced and maintained in the manner described in subsections E and G of Section 18.48.070;

D.

Wholesale Sales, Processing of Materials and Manufacturing. Wholesale sales and the processing of materials exclusively for sale or use shall be allowed only as an accessory use to a permitted principal use on the premises. The manufacture of products shall not be a permitted accessory use except as expressly permitted by the provisions of Chapter 18.32.

E.

Pool and Billiard Halls. Pool and billiard halls shall be established only in compliance with the following standards:

1.

All persons wishing to establish a pool or billiard hall within the city must apply for and be granted a conditional use permit for said use, pursuant to the provisions of Chapter 18.52.

2.

No pool or billiards hall may be located within one thousand feet of another pool or billiards hall nor within six hundred feet of an elementary, secondary or high school; nor within one hundred fifty feet of a lot in the residential zone.

3.

A minimum separation of six feet shall be maintained between all pool tables and between pool tables and cocktail tables, counters, walls, partitions, immovable barriers or seating areas (excluding moveable stools).

4.

Pool tables and dining areas shall be separated by a partition of not less than eight feet in height.

A security plan shall be submitted to the police department for approval at the time the conditional use permit application is submitted.

6.

Each application for pool or billiard hall shall include a complete description of all aspects of the proposed operation, including but not limited to: hours of operation; number of employees on each shift; proposed interior and exterior improvements, including colors and material samples, interior and exterior architectural renderings; exterior lighting; and signs; in sufficient detail to provide a sense of the quality and character of the establishment.

7.

Lighting of the exterior of the premises and the parking area shall comply with Section 18.48.070(H) of the zoning regulations. Such lighting shall maintain an illumination level on the ground of not less than 0.5 footcandles along walkways and in the open parking areas and driveways.

8.

Any form of gambling is prohibited.

9.

Professional tournaments shall be allowed only upon the approval of the chief of police.

F.

Internet cafés shall be established only in compliance with the following standards:

1.

All persons wishing to establish an internet cafe within the city must apply for and be granted a conditional use permit for said use. A conditional use permit will be granted for the establishment of an internet cafe if it is determined by the body hearing such an application that the use or activity of the internet cafe will be conducted in accordance with the applicable requirements specified in this section.

2.

No internet café may be located within one thousand feet of another internet café nor within six hundred feet of an elementary, secondary or high school; nor within one hundred fifty feet of a lot in the residential zone.

3.

Each application for an internet café shall include a complete description of all aspects of the proposed operation, including but not limited to: hours of operation, number of employees on each shift; proposed interior and exterior improvements, including colors and material samples, interior and exterior architectural renderings; exterior lighting; and signs; in sufficient detail to provide a sense of the quality and character of the establishment.

4.

Maximum number of computer/devices with online capabilities in any internet café shall not exceed one machine for every fifty square feet of gross floor area.

5.

All computer terminals/stations within the premises shall be visible and supervised by an adult attendant twenty-one years or older. Said attendant shall be present at all times when any computer stations are being operated and shall ensure that supervision of the patrons on the premises is adequate and no conduct is detrimental to the public health, safety and general welfare.

6.

No person under the age of eighteen years shall be permitted in an internet cafe before three p.m. when any of the following school districts are in session: the Whittier City School District, the South Whittier School District, Los Nietos School District, the East Whittier City School District, and the Fullerton Union High School District, are in nominal session or after ten p.m. on Sunday through Thursday, during normal school sessions. Notice of these hours of restriction for minors shall be posted at the entrance in lettering of at least two inches in size.

7.

Internet cafes shall not operate between the hours of twelve midnight and six a.m.

8.

All windows shall be kept clear of window decorations, tint, or curtains that would prevent the interior from being viewed by security or law enforcement personnel from outside the building.

9.

Establishments with computer stations consisting of twenty-five percent or more of the floor area shall provide a waiting area with seating within the business. The number of chairs shall be determined at one seat for every five computer stations but not less than four.

10.

External speakers shall be prohibited.

11.

A security plan shall be submitted to the police department for approval at the time the conditional use permit application is submitted. The security plan shall include, but is not limited to the following:

a.

Hours of operation.

b.

Number of employees per shift.

c.

Number of security personnel, which includes certification.

d.

Internet cafes with gross floor areas of two thousand square feet or greater, shall provide a licensed uniformed security guard after six p.m. until business closing on Friday, Saturday, and Sunday evenings. Security guards will be responsible for crowd control both on the premises and adjoining parking areas.

e.

The establishment shall maintain and operate a video surveillance system with recording capability during all business hours. The system shall cover the entire plot of the establishment including entire interior of the premises, exterior of the entrances to and exits from the establishment and the parking lot. The video surveillance system shall be capable of delineating, on playback of the system, the activity and physical features of persons or areas within the premises. Video surveillance tapes shall be kept a minimum of seventy-two hours. The business owner shall permit the city to inspect the video surveillance tapes during business hours. The video surveillance system shall be maintained in good working order. A sign shall be posted inside and at the entrances to the establishment indicating that the premises are under video surveillance. There shall be no video surveillance of images appearing on the customer's computer screens.

f.

Burglary/alarm system.

12.

A minimum of one bicycle rack space shall be provided for every three computer stations. Such bicycle parking shall not be located in the public right-of-way, required parking area, or any required walkways. Skateboard locker/storage within the premises shall also be provided.

13.

Parking shall be provided at minimum, one parking space for every two hundred square feet of floor area, unless the Planning Commission determines otherwise.

14.

The business owner shall post "No Loitering" signs in front of the business.

15.

Any form of gambling is prohibited.

Consumption and/or the sale of alcohol shall be prohibited on the premises.

17.

Professional tournaments shall be allowed only upon the approval of the chief of police.

18.

Occupancy shall not exceed that required under the California Building Code and California Fire Code, and the maximum occupancy load shall be posted at the main entrance.

19.

The business owner shall submit and receive approval of a fire exit plan from the city's fire department. The plan shall address all existing requirements of the California Building Code and California Fire Code. This includes, but is not limited to, providing exiting plans showing equipment location, aisle locations and dimensioned widths, and having approved exit doors and panic hardware.

20.

The use of adult-oriented internet sites shall be prohibited unless the business has an adult business permit. If the use of adult-oriented internet sites are permitted because the owner obtained an adult business permit, no minors shall be admitted.

21.

All owners and operators of an internet cafe business shall consent in writing, to the city of Whittier, that they understand and agree to operate their internet cafe business in strict compliance with the city's internet cafe ordinance at all times.

(Ord. 2841 § 1, 2005; Ord. 2808 § 1 (part), 2002; Ord. 2787 § 21, 2001; Ord. 2628 § 2, 1994; Ord. 2423 § 7, 1987; prior code § 9171)

(Ord. No. 3112, § 1, 2-25-20; Ord. No. 3121, § 5, 8-25-20)

Prior to the issuance of a building permit, a development review, in accordance with Chapter 18.56 shall be approved. In addition to the special development standards set forth in Chapters 18.24 through 18.32, compliance with the Community Design Ordinance is required, and the following development standards shall apply to each C-zoned lot, except as otherwise expressly provided in this chapter.

A.

Optional design standards, when in accordance with Section 18.24.050, may be approved in lieu of the development standards indicated herein.

B.

Yards. The following minimum yard areas shall be required on all C-zoned lots:

Front Yards.

a.

All C-zoned lots fifty feet or less in width and/or one hundred forty feet or less in depth, shall have a front yard of not less than fifteen feet. All C-zoned lots with widths of greater than fifty feet and depths greater than one hundred forty feet shall have and maintain a front yard of a depth of not less than twenty feet. An additional five-foot setback is required for each story of the building above the second story except as permitted in subdivision (c) of this subsection; and

b.

Front yards may be reduced to the average of the adjacent existing front yards, but in no case less than ten feet on C-zoned lots less than one hundred feet wide, located between existing buildings with front yard areas less than twenty feet in depth. For corner lots the adjacent front yard shall be averaged with a tenfoot front yard setback; and

c.

On corner lots of eight thousand square feet or less in net area, the front yard shall be no less than fifteen feet and the street side yard no less than ten feet.

2.

Side Yards.

a.

Each C-zoned lot which has a side lot line abutting an R-zoned lot shall have and maintain a side yard not less than ten feet in width on the side adjoining such R-zoned lot; provided, that the width of such required side yard shall be increased by five feet for each thirty feet of building height or fraction thereof, over the first thirty feet of height of any building located on such lot; and

b.

All C-zoned corner lots fifty feet or less in width and/or one hundred forty feet or less in depth, shall have a street side yard of not less than fifteen feet. All C-zoned corner lots with widths of greater than fifty feet and depths greater than one hundred forty feet shall have and maintain a street side yard of not less than twenty feet except as permitted in subdivision c of this subsection; and

c.

Each C-zoned lot which has a side lot line abutting an alley shall have and maintain a side yard on the alley side of not less than five feet; and

d.

Where permitted driveway on any C-zoned lot enters the wall of a building which is located in or abuts a required side yard, that portion of the wall shall be located not less than twenty-five feet from the street right-of-way line;

e.

On corner lots of eight thousand square feet or less in net area, the front yard shall be no less than fifteen feet and the street side yard no less than ten feet.

3.

Rear Yards.

a.

Each C-zoned lot which has a rear lot line abutting an R-zoned lot, shall have and maintain a rear yard area not less than twenty-five feet in depth; and

b.

Each C-zoned lot, which has a rear lot line abutting a public alley, shall have and maintain a rear yard not less than five feet in depth.

4.

Covered Unenclosed Colonnades. Covered unenclosed colonnades, not over one story in height, may encroach into the required yard areas a distance of not more than five feet and an area of not more than twenty-five percent of the required yard.

5.

Outdoor Dining Areas. Outdoor dining patios for restaurants may encroach into required yard areas, provided a minimum five-foot landscaped setback is maintained. Such outdoor dining area shall be enclosed by a fence or wall consistent with subsection F of this section. Such outdoor dining areas may be covered with a trellis or similar architectural element, provided the posts supporting such structure maintain a minimum setback of ten feet from the property line. The eave overhang of the cover must maintain a minimum setback of five feet from the property line.

6.

Auto Display Areas. The outdoor display of vehicles for sale at automobile dealerships may encroach into the required yard area, provided an average setback of ten feet is maintained and a landscaped area not less than five feet in depth is maintained along the street right-of-way line.

7.

Exceptions. The yards required in paragraphs 2 and 3 of this subsection, may be decreased to the minimum allowed under the California Building Code when approved pursuant to Section 18.56.045(B) of this title, provided:

a.

Such yards may only be approved when necessary to allow the construction of a sound attenuating structure or enclosure to protect adjacent property from stationary noise sources legally established, prior to the effective date of this paragraph, on the property from which such noise emanates.

b.

Such structure or enclosure may only be approved when all reasonable efforts to reduce such noise at the source have been made, as determined by a qualified acoustical engineer after appropriate technical studies.

c.

The maximum height of such a structure or enclosure shall not exceed the minimum necessary to achieve compliance with the city's noise ordinance, Chapter 8.32 of the Whittier Municipal Code as determined by a qualified acoustical engineer.

d.

Such structure or enclosure shall be constructed of sound absorbing materials and designed to include architectural treatment appropriate to and compatible with the adjacent properties.

C.

Buildings.

1.

Height. No building or structure shall be located on any such lot in excess of forty feet in height; provided, that where such a lot has one or more common lot lines with a lot classified in any R zone, no building or structure on such lot located within fifty feet of such common lot line shall exceed the maximum height permitted for buildings or structures in such R zone. Height limits may be permitted up to a maximum of one hundred feet through the use of conditional use permits, specific plans, redevelopment project areas with approved owner participation agreements and/or disposition and development agreement, and/or planned developments when such developments are designed as part of a comprehensive plan in harmony and continuity with the total project, the surrounding community and the environment.

2.

Building Bulk. Buildings, including accessory buildings, structures and uses, may cover all of the area of any such lot, except for required yard area.

D.

Off-Street Parking. Each such lot shall have and maintain off-street parking facilities as required by Chapter 18.48.

E.

Loading. Each such lot shall have and maintain such loading facilities as may be required by Section 18.48.060.

F.

Walls and Fences. Except as provided in Section 18.64.050, a wall or fence may be constructed and maintained on any part of a lot, provided:

1.

Each lot in any of the C zones which has a common side or rear lot line with any R-zoned property shall have and maintain a wall not less than six feet, nor more than eight feet in height, along all such side and rear lot lines. Any such required wall, which is adjacent to the side of a front yard area on the adjoining R- zoned property, shall conform to the height regulations applicable to front yard areas in such R-zoned property.

2.

Within required front yards and street side yards on corner lots the maximum height of a wall or fence shall not exceed forty-two inches, except when approved as a part of a development project.

3.

Within required front yards and street side yards on corner lots, fences constructed of chainlink or wire mesh type materials are prohibited, except those necessary for the protection of a site during demolition or construction of structures under valid permits or when approved as part of a development project.

4.

The wall required in paragraph 1 of this subsection may be increased in height to a maximum of sixteen feet when approved pursuant to Section 18.56.045(C) of this title, provided:

a.

Such walls may only be approved when necessary to protect adjacent property from stationary noise sources legally established, prior to the effective date of this paragraph, on the property from which such noise emanates, or to protect adjacent property from unavoidable nuisance noise resulting from permitted uses of the commercial property.

b.

Such walls may only be approved when all reasonable efforts to reduce such noise at the source have been made, as determined by a qualified acoustical engineer after appropriate technical studies.

c.

The maximum height of such a wall shall not exceed the minimum necessary to achieve compliance with the city's noise ordinance, Chapter 8.32 of the Whittier Municipal Code as determined by a qualified acoustical engineer.

d.

Such walls shall be constructed of sound absorbing materials and designed to include architectural treatment appropriate to and compatible with the adjacent properties.

G.

Refuse Storage Areas. Each C-zoned lot shall be provided with facilities for the storage of refuse containers, as follows:

1.

Location. A refuse storage area shall be placed on the same lot as the use it serves. Such area may be located on any portion of a lot where a building or accessory building may be placed; provided that, on properties served by an alley the refuse storage area shall be located within a distance not to exceed five feet of the right-of-way line of the alley. The director of public works or his/her designated representative, may waive the requirement for an on-site refuse storage area when a property is located in an automated refuse collection area and is served by off-site containers.

2.

Size. Refuse storage areas shall have a minimum area of thirty square feet, with minimum interior dimensions of five feet by six feet. Depending on the proposed use and anticipated generation of refuse, the public works director or his/her designated representative, may require greater or lesser dimensions to increase the efficiency of solid waste disposal operations.

3.

Design. Refuse storage areas shall be completely enclosed by a view-obscuring wall, not less than six feet in height. The enclosure shall include a closeable, view-obscuring gate, with a minimum five-foot wide unobstructed access point. On properties served by an alley, the gate shall be located adjacent to the alley to accommodate refuse collection. The walled enclosure shall be designed so that the contents thereof are not visible from any public street or adjacent property. Such walled enclosure shall be finished to match the color and facade material of the building it serves and shall incorporate landscape screening when possible.

4.

Compactors. A roll-off trash compactor unit and enclosure may be required, as determined necessary by the director of public works or his/her designated representative, for any use anticipated to generate a large amount of refuse.

5.

Maintenance. The property owner shall ensure that all refuse storage areas are regularly cleaned and maintained in a safe and sanitary condition.

Director. The public works director, or his/her designated representative, shall approve the specific locations of refuse storage areas to ensure convenient vehicular access for pickup and disposal. When located in an automated refuse collection area, the director of public works or his/her designated representative, may allow or require the removal or relocation of existing refuse storage areas that do not meet the minimum location, size and/or design requirements necessary for automated service.

H.

Compressors, Motors, Etc. Each use on such a lot which utilizes compressors, air conditioning units or other machinery including, but not limited to, vents, ducts and conduits, but excluding window-mounted or wall-mounted air conditioners (hereafter in this code, "equipment"), which equipment is located outside of the exterior walls of any building, shall comply with the following:

1.

All such equipment shall be enclosed within a permanent, noncombustible enclosure which shall be subject to the approval of the director of building and safety, to insure that the same will not be observable, or emit noise to a degree which interferes with the peaceful use and enjoyment of adjacent lots.

2.

All such equipment shall be maintained so as to prevent a collection of litter and filth and to avoid the emission of unnecessary noise, dust or fumes.

I.

Lighting. All outdoor lighting shall be located and shielded so as to prevent the spill of light onto adjacent lots.

J.

Landscaping.

1.

Yard Areas. All required front yard and street side yard setbacks shall be landscaped and appropriately irrigated to city commercial landscape guidelines and standards. All plant material shall be maintained in a healthy and thriving condition, clear of weeds and debris. Plans shall meet all city requirements for submittal, including but not limited to the city landscape guidelines. The city shall maintain the option to require plans to be prepared by a landscape professional, including but not limited to a landscape contractor, landscape architect or landscape designer.

2.

Total lot area: Not less than ten percent of the gross lot area of each C-zoned lot shall be landscaped and maintained as such.

K.

Noise. Reverse vending machines and small recycling collection facilities shall not exceed the noise levels imposed by Section 8.32.060 of this code.

L.

Reverse Vending Machines and Small/Large Collection Facilities. Reverse vending machines and small recycling collection facilities, as permitted pursuant to Section 18.30.020 and large recycling collection facilities, as conditionally permitted pursuant to Section 18.52.030, shall be constructed and maintained in compliance with Chapter 18.24 in addition to the following:

1.

All facilities shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine inoperative.

2.

All facilities shall be maintained in a clean, litter-free condition on a daily basis.

3.

Attended facilities shall operate only during the hours between nine a.m. and seven p.m.

4.

Reverse vending machines and small/large recycling collection facilities shall be placed in such a way as to not create pedestrian or vehicular hazards.

5.

Any small and/or large recycling collection facility shall be located at least one hundred fifty feet from any residential use.

6.

Any small and/or large recycling collection facility shall be located within an architecturally compatible enclosed structure. Architectural features and landscaping shall also be required if deemed necessary by the review authority to ensure compatibility with the surrounding area where the recycling facility is located.

7.

Any small and/or large recycling facility which is a non-conforming use on the date the ordinance codified in this section becomes effective shall be subject to an amortization period of five years commencing on the date the use becomes nonconforming. Any small and/or large facility which does not meet the standard of this section but which was legally established prior to the adoption of these standards may be maintained provided such facility is not expanded nor its nonconformance with these standards otherwise increased. Any small and/or large recycling facility which is destroyed or damaged to the extent of more than fifty percent of its total replacement value shall not be repaired, rebuilt, or reconstructed except in conformance with these standards.

(Ord. 2787 §§ 9 and 21, 2001; Ord. 2765 § 2 (part), 2000; Ord. 2755 § 2 (part), 1999; Ord. 2738 § 2, 1998; Ord. 2658 § 2, 1995; Ord. 2632 § 1 (E), 1994; Ord. 2515 § 1, 1990; Ord. 2423 § 8, 1987; Ord. 2417 § 2, 1987; prior code § 9172)

(Ord. No. 3103, § 3, 6-11-19; Ord. No. 3121, § 5, 8-25-20)

Alternative development standards are intended to provide better quality of design than could be achieved through the use of the basic development standards and design guidelines indicated in Sections 18.24.040, 18.34.050, 18.48.070(C), 18.48.070(D), 18.48.070(M), 18.76.030(A), and Division VI. Alternative development standards allow the use of more creative design, while maintaining the quality of development and the character of the adjacent and surrounding neighborhood. This section is not to be construed as a substitute for the variance procedure detailed in Chapter 18.52. The following alternative development standards may be employed:

A.

A development review application may be approved, utilizing alternative development standards, notwithstanding any provision of this title to the contrary, and to the exclusion of the zoning regulations applicable to the lot by reason of its underlying zone classification, provided:

1.

That the approval is consistent with the public peace, health, safety and general welfare; and

2.

That the development proposed is consistent with the city's general plan and any applicable specific plan relating to the areas included within such plan; and

3.

That the development will be in substantial compliance with the purpose and intent of the zoning regulations; and

4.

The approving body or zoning administrator shall make a specific finding as a condition of approval that the alternative development standards being approved shall increase the quality of the project by achieving greater than minimum standard requirements provided by the code.

B.

Alternative development standards relative to yard requirements shall be limited to the following:

1.

Front Yards. The front yard setback may be equal to an average of fifteen feet with a minimum of ten feet. For corner lots whose side yard is located on a major or minor arterial within the city, the minimum front

yard setback shall not be reduced below that which is required by Section 18.24.040(B)(1)(a).

2.

Side Yards. The side yard setback may be reduced five feet. For corner lots whose side yard is located on a major or minor arterial within the city, the minimum side yard setback shall not be reduced below that which is required by Section 18.24.040(B)(2)(b).

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Editor's note— Ord. No. 3159, § 3(Exh. A), adopted Nov. 12, 2024, amended § 18.24.050 in its entirety to read as herein set out. Former § 18.24.050 pertained to optional development standards and derived from Ord. 2515 § 10, adopted in 1990; and Ord 2786 Exh. A (part), adopted in 2001.

Chapter 18.26 - C-O COMMERCIAL-OFFICE ZONE

In order to provide for the development of light commercial professional office and appropriate associated uses within the city, zone C-O, entitled "Commercial-Office," is created.

(Prior code § 9180)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.26.020 - Permitted uses.

No person shall use, or permit the use of, any property zoned C-O, except for the following principal and accessory uses:

A.

Principal Uses.

—

Ambulance services, including the sale and rental of sickroom supplies and equipment

—

Artist studios

—

Bank, savings and loan, or similar financial institution

—

Barbershops and beauty shops

—

Coffee shops, cafe or restaurant facility, only if the same is located within a building housing an officecomplex, which building has a gross floor area of at least ten thousand square feet. Such restaurant facility shall not occupy an area which exceeds twenty-five percent of the total ground or first floor of the building in which located

—

Communication equipment buildings

—

Dental offices and clinics

—

Employment agencies

—

Laboratories, medical and dental

—

Live/work development

—

Low barrier navigation center/hospitality houses

—

Manufacturer's agent, provided no stock in trade or inventory other than samples shall be permitted

—

Medical offices and clinics

—

Mixed-use (residential/commercial) development

—

Offices, business and professional

—

Optician, dispensing

—

Parking lots and parking structures

—

Prescription pharmacies, limited to the sale of medicinal and pharmaceutical supplies

—

Private clubs

—

Recording studios

—

Residential care facilities, serving six or fewer persons

—

Schools, business and professional

—

Senior citizen housing, as defined in Chapter 18.06, subject to the provisions of Chapter 18.42

—

Studios, including but not limited to art, dance, martial arts, music, photography

—

Telephone repeater stations

—

Tourist information centers

—

Any use which is found, pursuant to Section 18.50.030, to be similar to and compatible with the uses listed in this section;

B.

Accessory Uses. Those uses which are directly related, but clearly subordinate to a permitted principal use.

C.

Conditionally Permitted Principal Uses. Those uses which are allowed with a conditional use permit under Section 18.52.030.G. If a use is conditionally permitted in the R-4 zone and has fifty percent or more of the floor area located above the first floor devoted to residential purposes shall be considered a residential use and shall comply with the provisions of Chapters 18.10 and 18.22, to the exclusion of regulations contained in Chapter 18.24.

(Ord. 2740 § 2, 1998; Ord. 2553 § 6, 1991; prior code § 9181)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Buildings, structures and uses located on lots classified in the C-O zone shall be developed and maintained in accordance with the regulations contained in Chapter 18.24.

(Prior code § 9182)

Chapter 18.28 - C-1 LIGHT COMMERCIAL ZONE

Sections:

18.28.010 - Purpose.

In order to provide for the development of light commercial areas and to maintain the integrity of existing light commercial areas within the city, zone C-1, entitled "Light Commercial," is created.

(Prior code § 9190)

18.28.020 - Permitted uses.

A.

Principal Uses.

Any use permitted in the C-O zone except:

—

Ambulance services

—

Communications buildings

—

Commercial parking lots and structures

—

Residential care facilities

—

Schools, business and professional

2.

Those uses which are expressly permitted pursuant to Section 18.52.030, for which a conditional use permit is required;

3.

The following uses:

—

Antique shops (not including antique malls)

—

Art galleries

—

Bakery shops

—

Bicycle sales and service

—

Candy stores

—

Clothing stores

—

Delicatessens

—

Dry cleaning or laundry, retail only (no on-site cleaning)

—

Florist shops

—

Food, prepared for consumption off-site (food-to-go)

—

Gift shops

—

Hobby supply shops

—

Ice cream shops

—

Interior decorating studios

—

Jewelry stores

—

Locksmith shops

—

News stands

—

Notions or novelty stores

—

Orthopedic supply and sales

—

Plant shops or nurseries

—

Photographic equipment and supply stores

—

Restaurants and cafes with less than three thousand square feet of gross floor area

—

Retail uses with less than three thousand square feet of gross floor area

—

Shoe repair shops

—

Shoe stores

—

Stationery stores

—

Tailor shops

—

Telecommuting center (computer/internet access)

—

Watch repair shops

—

Any use which is found, pursuant to Section 18.50.030, to be similar to and compatible with the uses listed above;

B.

Accessory Uses. Those uses which are directly related, but clearly subordinate to a permitted use.

(Ord. 2740 § 3, 1998)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.28.030 - Development standards.

Buildings, structures and uses located on lots classified in zone C-1 shall be developed and maintained in accordance with regulations contained in Chapter 18.24, and the following:

A.

Height. No building or structure located on any C-1-zoned lot, which lot has a common lot line with an R- zoned property, shall exceed the height limit for buildings and structures as permitted in the R zone; and

B.

Outside Storage. All storage of materials, except temporary storage of refuse, shall be within an enclosed building, or as allowed under Section 18.24.030.

(Prior code § 9192)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Chapter 18.30 - C-2 GENERAL COMMERCIAL ZONE

Sections:

In order to provide for the development of general commercial areas and to maintain the integrity of existing general commercial areas within the city, zone C-2, entitled "General Commercial," is created.

(Prior code § 9200)

No person shall use or permit the use of any property zoned C-2, except for the following principal and accessory uses:

A.

Principal Uses.

1.

Any use permitted in the C-1 zone, except that residences may only be established within that portion of a building located above the ground floor over commercial uses. Such dwelling units shall observe the same yard requirements as applicable to the C-2 zone;

2.

Those uses which are expressly permitted pursuant to Section 18.52.030, for which a conditional use permit is required;

3.

The following uses:

• Ambulance services

• Appliance sales and service, household

— Art supply stores

• Automobile rental agencies

• Automobile sales (new) agencies

• Automobile supply stores (not including installation)

— Bookbinderies

• Bookstores

• Ceramics and pottery shops

• Cleaning and dyeing establishments

• Communication equipment buildings

• Computer sales and service

• Costume rental and sales shops

• Department stores

• Dry goods stores

• Food markets (not including convenience markets)

• Fortunetelling

• Furniture stores

• Hardware stores

• Health centers/fitness clubs

• Ice vending machines

• Interior decorating shops

• Lawnmower, edger sales and service

• Leather goods stores

• Lighting fixtures

— Mail-order houses, with floor samples only, but not including warehousing or other direct sales

• Music stores

• Newspaper publishers

• Paint and wallpaper stores

• Parking lots and parking structures

• Pawn shops

• Pet shops, including tropical fish

• Pet supply and grooming

• Photoengraving

• Power-tool sales and service

• Print shops

— Plumbing shops

— Radio and television stores

— Radio and television broadcasting studios

— Recycling, small collection facility, unless prohibited pursuant to Section 66787.6 of the Government Code

— Reverse vending machines, unless prohibited pursuant to Section 66787.6 of the Government Code

— Residential facility (former drug abusers)

— Restaurants and cafes (including dancing and entertainment)

— Rubber stamp stores

— Schools, business and professional

• Secondhand stores

— Sickroom supplies, rental and sales

• Sign painting and repairing

— Sporting goods stores

— Swimming pool supply sales

— Tile sales, ornamental, but not including a kiln or manufacture of same

• Tobacco shops

• Toy shops

— Any use which is found, pursuant to Section 18.50.030, to be similar to and compatible with the uses listed in this section;

B.

Accessory Uses. Those uses which are directly related, but clearly subordinate to permitted principal uses.

(Ord. 2740 § 4, 1998; Ord. 2712 § 1 (G), 1997; Ord. 2553 § 8, 1991; Ord. 2423 § 9, 1987; Ord. 2382 § 1, 1986; Ord. 2371 § 2, 1986; prior code § 9201)

Buildings, structures and uses located on lots classified in zone C-2 shall be developed and maintained in accordance with the regulations contained in Chapter 18.24.

(Prior code § 9202)

18.30.040 - C-2 with housing overlay.

A.

Purpose. To provide for the development of general commercial uses integrated with housing.

B.

Permitted Uses. No person shall use or permit the use of any property zoned C-2-HO, except for the following principal and accessory uses:

1.

Principal Uses. Table 18.30.040 - B lists the land uses for C-2-HO zoned lots indicating the type of approval required subject to compliance with all provisions of this title. Descriptions and definitions of the land uses can be found in Chapter 18.07. The specific use regulations and notes column in the table indicates a chapter or section where additional regulations may apply; and/or provides additional information specific to that use type.

2.

Accessory Uses. Accessory uses are those uses which are directly related, but clearly subordinate to a permitted or conditionally permitted principal use; where such use is already established, or the principal and accessory uses are established jointly.

3.

Stand-alone Residential. Stand-alone residential is not allowed in C-2-HO zoned lots.

4.

Use Not Listed. Any use that is not listed or has not been determined by the director of community development to be similar to a listed use, is prohibited in C-2-HO zoned lots.

C.

Development Standards. Buildings, structures and uses located on lots classified in zone C-2-HO shall be developed and maintained in accordance with the regulations contained in Chapter 18.24; unless modified by Table 18.30.040 - C standards as outlined within this title, and objective design standards contained in Chapter 18.93:

1.

Maximum Density. The maximum density standard is only applicable to mixed-use developments that include both residential and non-residential uses.

2.

Accessory Structures. Includes parking structures, trash enclosures and similar supporting or separate structures from the primary structure. The standards do not apply to accessory dwelling units regulated by Section 18.10.020.I.

3.

Building Step Back Requirements. Buildings located on C-2-HO zoned parcels shall provide transition, a stepping back of the building at the third story and above, that is in addition to the minimum side and rear setback line. Taller elements of the building shall increasingly step back from adjacent single-family zones. No portion of the building, excluding parapets, shall extend above an imaginary plane drawn at the property line that is adjacent to the single-family zone, and extended at an angle of 45 degrees toward the center of the C2-HO zoned parcel as shown in Figure 18.30.040-B.

Figure 18.30.040-B: Building Step Back

==> picture [336 x 149] intentionally omitted <==

4.

Building Frontage. New buildings are to be located in close proximity to the street for improved relationship to the street and an enhanced experience for pedestrians. For parcels less than fifteen acres in size, at least fifty percent of the lot width shall be occupied by primary building frontage and/or pedestrian features located between zero and thirty feet from the front property line. For parcels fifteen acres and greater in size, at least fifty percent of the lot width is occupied by primary building frontage and/or pedestrian features located between zero and eighty feet from the front property line. Additional criteria may apply and includes:

a.

Proportion and form of buildings should contribute to the visual effect of "grand buildings on display." Individual units should work together to create a more substantial building mass punctuated by strong

building elements or portions of greater height.

b.

New buildings should be designed to present a strong, formal presence along the thoroughfare.

c.

The height of a major building mass should be roughly two-thirds its width.

d.

The primary visual presence along the major street frontage should be the building, not a drive-through lane or parking area.

5.

Open Space. The residential component of an integrated development shall provide open space areas subject to the following standards in addition to the requirements of Table 18.30.040 - C.

a.

Private Open Space. Private open space shall be provided at each unit in the form of a patio, yard, balcony, immediately adjacent deck, or combination thereof and shall be directly adjacent to and accessible from each unit. Private open space shall have a minimum area of sixty square feet, minimum dimension of six feet in any direction, and a minimum vertical clearance of eight feet.

b.

Active Common Open Space/Recreation Areas. Common open space/recreation areas shall be designed to provide specific amenities as outlined below based on the number of units proposed in the development. The list of amenities is both cumulative and additive, requiring that the base amenity type and minimum size be satisfied for the applicable number of units threshold, plus all preceding amenities, plus any additional increase in number or size of the amenity based upon the additive amenity ratio over the base.

amenities as outlined below based on the number of units proposed in the development. The list of amenities is both cumulative and additive, requiring that the base amenity type and minimum size be satisfied for the applicable number of units threshold, plus all preceding amenities, plus any additional increase in number or size of the amenity based upon the additive amenity ratio over the base.

As an example, a development consisting of twenty units shall provide a business center with at least two work stations OR a two hundred fifty square foot gym; plus, an outdoor active use area or facility a minimum of six hundred fifty square feet (400 sf + 250 sf); plus, forty-eight square feet of community garden area (32 sf + 16 sf); and, two barbeque areas each with table seating for twelve adults.

c.

Common Open Space Dimensions. Common open spaces shall have a minimum horizontal dimension in any direction of twenty feet on the ground floor level. Upper story decks shall be no less than ten by ten feet in horizontal dimension. Roof decks shall be no less than fifteen by fifteen feet in horizontal dimension. The minimum vertical dimension shall be fifteen feet.

d.

Common Open Space Location. Active common open spaces shall not be located in any required setback area. Active common open spaces may be located at ground level, on upper story decks, on roof decks, indoors, or outdoors. Areas located at upper story decks or on roof decks may contribute one hundred percent towards the required common open space area. Areas located indoors shall not contribute more than fifty percent of the required common open space area.

6.

Parking. The number of parking spaces provided for the allowed uses contained in Table 18.30.040 - B, and the design of such parking areas shall satisfy the applicable requirements of Chapters 18.48 and 18.99. Shared parking shall be permitted, subject to review and approval of a parking study prepared in accordance with Section 18.48.030 for mixed occupancy requirements and Section 18.48.040 joint use authorization.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Chapter 18.32 - C-3 COMMERCIAL- MANUFACTURING ZONE

Sections:

In order to provide for the development of heavy commercial, wholesale and limited manufacturing areas, and to maintain the integrity of existing heavy commercial and limited manufacturing areas within the city, zone C-3, entitled "Commercial-manufacturing," is created.

(Prior code § 9210)

No person shall use nor permit the use of any property zoned C-3, except for the following principal and accessory uses:

A.

Principal Uses.

1.

Any use permitted in the C-2 zone, not including dwelling units, except as expressly provided in this chapter,

2.

Those uses which are expressly permitted pursuant to Section 18.52.030, for which a conditional use permit is required,

3.

The following uses:

a.

A dwelling unit on the same lot on which a use is located when such dwelling is used exclusively by a caretaker/owner or superintendent of such use and his/her family. Such dwelling shall be developed in compliance with the yard requirements of the R-4 zone

b.

Assembly of electrical appliances, electronic instruments and devices, radios and phonographs, including processing of parts

c.

Auction houses or stores

e.

Cabinet shops or carpenter shops

f.

Ceramic products, manufacturing of, including figurines, using only previously pulverized clay, and kilns fired only by electricity or low-pressure gas

g.

Cleaning and dyeing plant

h.

Frozen-food lockers, including custom cutting and packing thereof

i.

Glass studios, stained, art or precision

j.

Hospital, small animal

k.

Industrial supply house

l.

Kennels

m.

Laboratories, pharmaceutical, research, testing, experimental or motion picture

n.

Laundries

o.

Nurseries or greenhouses for commercial production and sale of plants or flowers

p.

Plastics, the molding of plastics, including manufacturing of products thereof

q.

Precision optics, manufacture or assembly of

r.

Scientific instruments and equipment, manufacture or assembly of, including precision machine shop as a part thereof

s.

Tire recapping and retreading

t.

Any use which is found, pursuant to Section 18.50.030, to be similar to and compatible with the uses listed above;

B.

Accessory Uses. Those uses which are directly related, but clearly subordinate to a permitted use.

(Ord. 2553 § 9, 1991; Prior code § 9211)

Buildings, structures and uses located on lots classified in zone C-3 shall be developed and maintained in accordance with the regulations contained in Chapter 18.24.

(Prior code § 9212)

Chapter 18.33 - INV INNOVATION ZONE

This chapter provides regulations applicable to development and land uses in the Innovation (INV) zone, as established by 18.08.010. The INV zone implements the general plan innovation land use category, the intent of which is to accommodate creative design and manufacturing businesses focused on new technologies, maker industries, research and development, and craft businesses such as breweries, wineries, and distilleries. Allowed commercial uses are limited in scope to businesses that sell products made in facilities on-site and uses that support the primary uses within the zone and surrounding districts and neighborhoods. Specifically prohibited uses include major vehicle repair and warehousing/storage uses, including personal storage businesses.

The zone regulations encourage and support the repurposing of existing buildings, with new construction echoing the scale and design aesthetic of long-established character buildings.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

Principal Uses. Table 18.33.020 lists the allowed land uses for INV zoned lots, indicating the type of approval required subject to compliance with all provisions of this title. Descriptions and definitions of the land uses are established in Chapters 18.06 and 18.07. The specific use regulations and notes column in the table provides any chapter or section where additional regulations that may apply or additional information for that use type.

B.

Accessory Uses. Accessory uses are those uses which are directly related but clearly subordinate to a permitted or conditionally permitted principal use.

C.

Limitations on Use. Uses shall comply with the applicable use regulations specified in Chapter 18.24 and Chapter 18.34.

D.

Symbols Used. Use regulations in the table are shown with a representative symbol by use classification listing: "P" symbolizes uses allowed by right, "C" symbolizes uses that require approval of a conditional use permit, "A" symbolizes uses that are accessory to an established principal use, and "—" symbolizes that the use is not permitted. Any use that is not listed or has not been determined by the director of community development to be similar to a listed use is specifically prohibited.

cation listing: "P" symbolizes uses allowed by right, "C" symbolizes uses that require approval of a conditional use permit, "A" symbolizes uses that are accessory to an established principal use, and "—" symbolizes that the use is not permitted. Any use that is not listed or has not been determined by the director of community development to be similar to a listed use is specifically prohibited.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

General. New land uses, structures, and alterations to existing uses or structures shall be designed, constructed, and/or established in compliance with all development standard requirements in Table 18.33.030, in addition to building design standards in Section 18.33.040 and applicable standards in Chapter 18.48, Chapter 18.64, and other applicable provisions of this title.

B.

Building Step Back Requirements. Buildings located on INV zoned parcels shall provide transition, a stepping back of the building at the third story and above, that is in addition to the minimum side and rear setback line. Taller elements of the building shall increasingly step back from adjacent single-family zones. No portion of the building, excluding parapets, shall extend above an imaginary plane drawn at the property line that is adjacent to the single-family zone, and extended at an angle of forty-five degrees toward the center of the INV zoned parcel as shown in Figure 18.33.030-B.

Figure 18.33.030-B: Building Step Back

==> picture [336 x 147] intentionally omitted <==

C.

Walls and Fences. All new walls and fences shall be subject to the provisions contained within Section 18.98.040.I. in addition to the following provisions:

1.

Smooth-faced precision blocks may be used only when integrated within a wall design to create a decorative wall pattern or when plaster or stucco is to be applied to the blocks as a finishing material.

2.

A decorative finishing wall course cap shall be applied to all new walls and pilasters.

3.

Combination walls or fences may be constructed consisting of a variety of different building materials, subject to the review and approval of the approval authority.

4.

All landscaping planted in front of any wall or fence shall be maintained in healthy condition at all times and supported with an operable irrigation system that complies with the city's water conservation ordinance.

5.

All street-facing walls and fences shall be treated with an anti-graffiti laminate coating, or any other antigraffiti method deemed acceptable by the approval authority. Alternatively, healthy landscaping (i.e., vines) may be planted to provide sufficient coverage of the wall face, if deemed acceptable by the approval authority.

6.

All fencing materials are subject to the limitations of and shall comply with Section 18.64.070.

7.

All new walls and fences shall be subject to the provisions contained in Section 18.64.050. These provisions shall also apply to all driveways.

8.

The maximum wall and fence height described within paragraph two of this subsection may be increased in height to a maximum of sixteen feet for noise attenuation purposes, subject to Section 18.34.050, when approved by the director of community development, provided:

a.

Such walls may only be approved when necessary to protect adjacent property from stationary noise sources legally established, prior to the effective date of this paragraph, on the property from which such noise emanates, or to protect adjacent property from unavoidable nuisance noise resulting from permitted uses of the property.

b.

Such walls may only be approved when all reasonable efforts to reduce such noise at the source have been made, as determined by a qualified acoustical engineer after appropriate technical studies.

c.

The maximum height of such a wall shall not exceed the minimum necessary to achieve compliance with the city's noise ordinance, Chapter 8.32 of the municipal code, as determined by a qualified acoustical engineer.

d.

Such walls shall be constructed of sound-absorbing materials and designed to include architectural treatment consistent with the style of the buildings on the subject property.

D.

Compressors, Motors, etc. Each use on such a lot which utilizes compressors, air conditioning units, or other machinery which is located outside of the exterior walls of any building, including but not limited to, vents, ducts and conduits, but excluding window-mounted or wall-mounted air conditioners, shall comply with the following:

1.

All such equipment shall be enclosed within a permanent, noncombustible enclosure which shall be subject to the approval of the director of community development to ensure that the same will not be observable and/or emit noise to a degree that conflicts with the provisions of Chapter 8.32. In addition, comply with the standards contained in Chapter 18.24.040 (H).

2.

All such equipment shall be maintained in a manner that prevents a collection of litter and filth and to avoid the emission of unnecessary noise, dust, or fumes.

E.

Lighting. All outdoor lighting shall be located, directed downward, and shielded to prevent light from shining onto adjacent lots.

F.

Landscaping. All required front yard and street side yard setbacks shall be landscaped and appropriately irrigated to city commercial landscape guidelines and standards. All plant material shall be maintained in a healthy and thriving condition, clear of weeds and debris. Plans shall meet all city requirements for submittal, including but not limited to the city landscape guidelines. The city shall maintain the option to require plans to be prepared by a landscape professional, including but not limited to a landscape contractor, landscape architect or landscape designer.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

All new development in the INV zone shall comply with the design guidelines set forth in Chapter 18.98.

B.

The following additional design standards shall apply:

1.

New buildings over ten thousand square feet in size shall include a shaded outdoor employee seating area. The minimum depth and width dimensions of required outdoor seating areas for new development shall be ten feet.

2.

Loading areas, access and circulation driveways, trash enclosures, and mechanical equipment should be located as far as possible from any adjacent residences, and screened to the greatest extent possible.

3.

When adjoining uses can mutually benefit from connection rather than separation, appropriate connective elements (e.g., walkways, common landscape areas, building orientation, and unfenced property lines) should be provided between the uses.

4.

Window orientation in nonresidential buildings should preclude a direct line of sight into adjacent residential units. Methods of precluding such line of sight include opaque windows, clerestory windows, and tall trees that block the line of sight.

5.

Uses that involve outdoor storage and /or staging materials or activities outdoors must be screened from view from public streets, parks, and/or residential areas.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Chapter 18.34 - M MANUFACTURING ZONE

Sections:

In order to provide for the development of manufacturing areas and to maintain the integrity of existing manufacturing areas within the city, the regulations set out in this chapter shall be applicable to all properties classified in zone M.

(Prior code § 9220)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

No person shall use, or permit the use of any lot zoned M, except for the following principal and accessory uses:

A.

Principal Uses.

1.

Any use permitted in the C-3 zone, except for the following:

a.

Educational institutions,

b.

Lodging facilities;

2.

Those uses which are expressly permitted pursuant to Section 18.52.030, for which a conditional use permit is required;

3.

The following uses:

—

Automobile assembly plants, including body and fender repair

—

Bakeries

—

Bottling plants

—

Building material sales

—

Contractors' equipment yards, storage, sales or service

—

Cleaning and dyeing establishments, wholesale and retail

—

Emergency shelters (See Section 18.34.060 for provisions

—

Engraving, machine-metal engraving

—

Fabricating, or other process used in bending or shaping metal

—

Feed and fuel sales

—

Flour mills

—

Gases. Storage of the following gases is permitted, provided that the same is conducted in accordance with the provisions of all applicable laws, including, but not limited to, this code: acetylene, butane and oxygen

—

Ice and cold-storage plants

—

Knitting mills

—

Laundries

—

Lumberyards

—

Machine shops

—

Machine storage yards

—

Manufacturing, compounding, assembling, processing, packaging or treatment which creates any of the following products, with associated distribution occupying no more than forty-nine percent of building area:

—

Batteries

—

Brushes

—

Candles

—

Canvas

—

Casein, the manufacture of casein products, except glue

—

Cigars

—

Cigarettes

—

Clocks

—

Coffins —

Cosmetics

—

Cutlery

—

Drugs —

Dry goods

—

Electric or neon signs

—

Engines, internal combustion or steam, which shall not include foundries

—

Food products, except lards, pickles, sauerkraut or vinegar

—

Furs

—

Furniture

—

Gloves

—

Hearing equipment

—

Ink

—

Mattresses and bedsprings

—

Motors, electric

—

Musical instruments

—

Phonograph records

—

Prefabricated buildings

—

Rugs

—

Shoes

—

Soap, cold-mix only

—

Statuary

—

Store and other commercial fixtures

—

Toys

—

Type, printers

—

Venetian blinds

—

Wearing apparel and garments

—

Manufacturing, compounding, assembly, packaging or treatment of articles or merchandise from any of the following materials, with associated distribution occupying no more than forty-nine percent of building area:

—

Bone products

—

Cellophane

—

Cork

—

Corrugated cardboard

—

Feathers

—

Fiber, including fiberglass

—

Glass

—

Hair

—

Horn

—

Iron, not including foundries

—

Metal, products of precious metals: steel and brass stamp, including hand and machine engraving, metal fabricating, spinning and storage

—

Paper, not including the manufacture of paper itself

—

Plastics and synthetics

—

Pottery

—

Rope

—

Rubber, fabrication of products made from finished rubber

—

Textiles

—

Wire

—

Wood, including a planing mill

—

Yarn

—

Paints, paint-mixing, providing a boiling process is not employed, no tank farm is permitted and abovesurface thinner storage is limited to two hundred gallons

—

Poultry and rabbit slaughter

—

Public utility service yards and pumping plants

—

Sheet-metal shop

—

Solid-fuel operation

—

Tile, wall and floor, and related small tile products

—

Tinsmiths

—

Tire rebuilding, recapping and retreading

—

Trade schools

—

Truck-washing and cleaning

—

Welding shops

—

Wine storage and manufacture

—

Any similar enterprises or businesses which the commission finds, by clarification of ambiguity, are similar to and compatible with the uses enumerated in this section.

(Ord. 2553 § 10, 1991; Ord. 2423 § 10, 1987; Ord. 2375 § 1(c), 1986; prior code § 9221)

(Ord. No. 2948, § 1, 2-23-10; Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.34.030 - Accessory uses.

On the site of an active construction project, the storage of building materials necessary for the construction of the approved project will be permitted as an accessory use. Upon completion of the approved project, the property owner shall have ten calendar days in which to remove all building materials associated with the construction of the approved project and to render the surrounding off-site area clean and free of all trash and debris that was associated with the construction of the approved project.

(Ord. 2515 § 6, 1990)

Every use permitted in the M zone shall comply with the following:

A.

Uses in Buildings. All uses shall be conducted totally within a completely enclosed building, except for those uses which are customarily conducted in the open, as determined pursuant to Section 18.50.040.

B.

Outdoor Storage. No outdoor storage shall be allowed unless the same is enclosed within a view-obscuring wall not less than eight feet in height, having a closable access gate.

C.

Sales, Display and Storage Areas and Surfacing. Outdoor sales, display and storage areas, when permitted, shall be surfaced and improved in accordance with subsections E and H of Section 18.48.070.

D.

Discharge of Material. No person shall permit or allow the discharge of, across the boundaries of the lot whereon the use is located, toxic, noxious or odorous matter in such concentrations as may be detrimental to the public health, safety, comfort or welfare, or cause injury or damage to or unreasonably interfere with the use of adjacent lots.

E.

Burning Operations. The manufacture of materials, goods or products which includes, as a part of such process, burning, ranging from free or active to intense burning, as determined by the fire chief, shall not be allowed unless enclosed within a building and such buildings are set back at least forty feet from any lot line or, in lieu thereof, all such buildings or structures are protected throughout by an automatic sprinkler system of a type approved by the fire chief.

F.

Public Nuisance. Any operation producing intense glare or heat shall be performed in such a manner so as not to create a public nuisance or hazard to the adjacent or abutting properties.

(Prior code § 9222)

Prior to the issuance of a building permit, a development review, in accordance with Chapter 18.56, shall be approved.

The adopted manufactured design guidelines and the following development standards shall be applicable to each use, building or structure located in the M zone, except for developments within which more than

fifty percent of the floor area of the structures are devoted to commercial uses, as listed in Sections 18.26.020, 18.28.020, 18.30.020 and 18.32.020, for which the commercial design guidelines shall be applicable; and, except as set forth in this title.

A.

Lots. Lots created after the effective date of the ordinance codified in this chapter shall conform to the following:

1.

Area. The minimum required lot area of each lot in the M zone shall be seven thousand square feet.

2.

Minimum Width. The minimum width of each lot in the M zone shall be sixty-five feet.

B.

Yards. The following yard areas shall be required and observed on all M-zoned lots:

1.

Front Yards.

a.

All M-zoned lots fifty feet or less in width and/or one hundred forty feet or less in depth, shall have a front yard of not less than fifteen feet. All m-zoned lots with widths of greater than fifty feet and depths greater than one hundred forty feet shall have and maintain a front yard of a depth of not less than twenty feet. An additional five foot setback is required for each story of the building above the second story except as permitted in paragraph c of this subsection; and

b.

Front yards may be reduced to the average of the adjacent existing front yards, but in not case less than ten feet on M-zoned lots less than one hundred feet wide, located between existing buildings with front yard areas less than twenty feet in depth. For corner lots the adjacent front yard shall be averaged with a ten foot front yard setback; and

c.

On corner lots of eight thousand square feet or less in net area, the front yard shall be no less than fifteen feet and the street side yard no less than ten feet; and

b.

Where a permitted driveway enters the front wall of a building, facing a street, located on an M-zoned lot, that portion of such front wall shall be located not less than twenty-five feet from the front lot line.

Side Yards.

a.

Each lot classified in zone M which has a side lot line abutting any lot located in any of the R zones shall have and maintain a side yard area of not less than ten feet in width on the side adjoining such residentially zoned lot; and

b.

Where a permitted driveway enters the side wall of a building, facing the street, located as an M-zoned lot, that portion of such side wall shall be located not less than twenty-five feet from the side lot line of the lot upon which located.

c.

All M-zoned corner lots fifty feet or less in width and/or one hundred forty feet or less in depth shall have a street side yard of not less than fifteen feet. All M-zoned corner lots with widths of greater than fifty feet and depths grater than one hundred forty feet shall have and maintain a street side yard of not less than fifteen feet except as permitted in paragraph d of this subsection.

d.

Each M-zoned lot which has a side lot line abutting an alley shall have and maintain a side yard on the alley side of not less than five feet.

3.

Rear Yards.

a.

Each lot in the M zone, the rear lot line of which separates the same from any lot located in an R zone, shall have and maintain a rear yard not less than twenty-five feet in depth; and

b.

Each M-zoned lot, the rear lot line of which abuts public alley, shall have and maintain a rear yard not less than five feet in depth.

4.

Exceptions. The yards required in paragraphs 2 and 3 of this subsection, may be decreased to the minimum allowed under the California Building Code when approved pursuant to Section 18.56.045(B) of this title, provided:

a.

Such yards may only be approved when necessary to allow the construction of a sound attenuating structure or enclosure to protect adjacent property from stationary noise sources legally established, prior

to the effective date of this paragraph, on the property from which such noise emanates.

b.

Such structure or enclosure may only be approved when all reasonable efforts to reduce such noise at the source have been made, as determined by a qualified acoustical engineer after appropriate technical studies.

c.

The maximum height of such a structure or enclosure shall not exceed the minimum necessary to achieve compliance with the city's noise ordinance, Chapter 8.32 of the Whittier Municipal Code as determined by a qualified acoustical engineer.

d.

Such structure or enclosure shall be constructed of sound absorbing materials and designed to include architectural treatment appropriate to and compatible with the adjacent properties.

C.

Buildings.

1.

Height. No building or structure in the M zone shall exceed a height of one hundred feet, provided that where a lot in the M zone has one or more common lot lines with a lot classified in any R zone, or is separated from such R-zoned property by an alley, no building or structure on such M-zoned lot, located within fifty feet of such R-zoned property, shall exceed the maximum height permitted for buildings or structures on such R-zoned lot.

2.

Building Bulk. Buildings, including accessory buildings and structures, may cover all of the area of any lot in the M zone, except for required yard areas.

D.

Off-street Parking.

1.

Each lot in the M zone shall have and maintain off-street parking facilities, as may be required by Chapter 18.48.

2.

Where any service-type vehicles are maintained in conjunction with any use located in the M zone, offstreet parking spaces therefor shall be provided in addition to the off-street parking spaces required pursuant to Chapter 18.48.

E.

Loading. Each lot classified in the M zone shall have and maintain such loading facilities as may be required by Section 18.48.060.

F.

Walls and Fences. Any wall or fence over forty-two inches high shall maintain at least a five-foot front yard setback and a three-foot setback from all street side yard property line(s) of a corner or reverse corner lot. In addition, the following provisions shall apply:

1.

Each lot in any of the M zones which has a common side or rear lot line with any R-zoned property, the Greenway Trail, or a railroad right-of-way shall have and maintain a view obscuring wall not less than six feet or more than twelve feet, in height along all such side and rear lot lines. Any such required wall which is adjacent to the side of a front yard area on the adjoining R-zoned property shall conform to the height regulations applicable to front yard areas in such R-zoned property.

2.

When it can be demonstrated to the approval authority that a wall or fence over forty-two inches in height within the front yard setback and/or over six feet in height along an adjoining street side yard property line is appropriate for security and/or screening purposes, it may be constructed up to eight feet in height at least five feet from the front yard property line and three feet from an abutting street side yard property line with the approval of a minor conditional use permit. Walls and fences in excess of eight feet, but not greater than twelve feet in height (except as provided in Section 18.34.050(F)(5) for noise attenuation), may be approved with a conditional use permit subject to the same setback requirements. In addition, no pilaster, gate, or light fixture designed in conjunction with a wall or fence may exceed twelve inches above the maximum wall or fence height.

3.

All new walls and fences shall be subject to the provisions contained within Section 18.98.040(l) (Manufacturing Design Guidelines) of the Whittier Municipal Code in addition to the following provisions:

a.

Smooth-faced precision blocks may be used only when integrated within a wall design to create a decorative wall pattern or when plaster or stucco is to be applied to the blocks as a finishing material.

b.

A decorative finishing wall course cap shall be applied to all new walls and pilasters.

c.

Combination walls or fences may be constructed consisting of a variety of different building materials, subject to the review and approval of the approval authority.

d.

All landscaping planted in front of any wall or fence shall be maintained in healthy condition at all times and supported with an operable irrigation system that complies with the city's water conservation ordinance.

e.

All street-facing walls and fences shall be treated with an anti-graffiti laminate coating or any other antigraffiti method deemed acceptable by the approval authority. Alternatively, healthy landscaping (i.e., vines) may be planted to provide sufficient coverage of the wall face, if deemed acceptable by the approval authority.

f.

All fencing shall comply with Section 18.64.070 (Barbed wire, razor wire, concertina wire and similar material(s)) of the Whittier Municipal Code.

4.

All new walls and fences shall be subject to the provisions contained within Section 18.64.050 (Open corner area on certain lots). These provisions shall also apply to all driveways too, as illustrated in Diagram "A".

DIAGRAM "A"

==> picture [204 x 204] intentionally omitted <==

==> picture [204 x 204] intentionally omitted <==

a.

Deviation(s) from Diagram "A", as well as from the design requirements noted within this section, may be approved by the director of community development and the city traffic engineer, if necessary, for the purpose of ensuring public safety.

5.

The maximum wall and fence height described within paragraph 2 of this subsection may be increased in height to a maximum of sixteen feet for noise attenuation purposes when approved with a conditional use permit, provided:

a.

Such walls may only be approved when necessary to protect adjacent property from stationary noise sources legally established, prior to the effective date of this paragraph, on the property from which such noise emanates, or to protect adjacent property from unavoidable nuisance noise resulting from permitted uses of the commercial property.

b.

Such walls may only be approved when all reasonable efforts to reduce such noise at the source have been made, as determined by a qualified acoustical engineer after appropriate technical studies.

c.

The maximum height of such a wall shall not exceed the minimum necessary to achieve compliance with the city's noise ordinance, Chapter 8.32 of the municipal code as determined by a qualified acoustical engineer.

d.

Such walls shall be constructed of sound absorbing materials and designed to include architectural treatment appropriate to and compatible with the adjacent properties.

G.

Refuse Storage Areas.

1.

Each lot in the M zone shall be provided with facilities for the storage of refuse containers, as follows:

a.

Location. A refuse storage area shall be placed on the same lot as the use it serves. Such area may be located on any portion of a lot where a building or accessory building may be placed; provided that, on properties served by an alley the refuse storage area shall be located within a distance not to exceed five feet of the right-of-way line of the alley. The director of public works or his/her designated representative, may waive the requirement for an on-site refuse storage area when a property is located in an automated refuse collection area and is served by off-site containers.

b.

Size. Refuse storage areas shall have a minimum area of thirty square feet, with minimum interior dimensions of five feet by six feet. Depending on the proposed use and anticipated generation of refuse, the public works director or his/her designated representative, may require greater or lesser dimensions to increase the efficiency of solid waste disposal operations.

c.

Design. Refuse storage areas shall be completely enclosed by a view-obscuring wall, not less than six feet in height. The enclosure shall include a closeable, view-obscuring gate, with a minimum five-foot wide unobstructed access point. On properties served by an alley, the gate shall be located adjacent to the alley

to accommodate refuse collection. The walled enclosure shall be designed so that the contents thereof are not visible from any public street or adjacent property. Such walled enclosure shall be finished to match the color and facade material of the building it serves and shall incorporate landscape screening when possible.

i.

Businesses that utilize a roll-off box are not required to provide a walled enclosure; provided that, the refuse storage area is located within an area that is not visible from the public street or from any adjacent residential or commercially zoned property.

d.

Compactors. A roll-off trash compactor unit and enclosure may be required, as determined necessary by the director of public works or his/her designated representative, for any use anticipated to generate a large amount of refuse.

e.

Maintenance. The property owner shall ensure that all refuse storage areas are regularly cleaned and maintained in a safe and sanitary condition.

f.

Director. The public works director or his/her designated representative shall approve the specific location of refuse storage areas to ensure convenient vehicular access for pickup and disposal. When located in an automated refuse collection area, the director of public works or his/her designated representative, may allow or require the removal or relocation of existing refuse storage areas that do not meet the minimum location, size and/or design requirements necessary for automated service.

H.

Lighting. All outdoor lighting located on a lot classified in zone M shall be so located and shielded as to prevent the spill of light onto adjacent lots.

I.

Compressors, Motors, etc.

1.

Each use on a lot which utilizes compressors, air-conditioning units or other machinery including but not limited to vents, ducts and conduits, but excluding window-mounted or wall-mounted air conditioners (hereafter, "equipment"), located outside of the exterior walls of any building, shall comply with the following:

a.

All such equipment shall be enclosed within a permanent, noncombustible enclosure, which shall be subject to the approval of the director of building and safety to insure that the same will not be observable,

or emit noise to a degree which interferes with the peaceful use and enjoyment of adjacent lots.

b.

All such mechanical equipment shall be maintained in a clean and proper condition to prevent a collection of litter and filth and to avoid the emission of unnecessary noise, dust or fumes.

2.

Notwithstanding any other provisions of this title, or this chapter, all existing uses, buildings and structures which do not conform with the provisions of this subsection as of the effective date of the ordinance codified in this section shall comply within twenty-four months after such effective date.

J.

Landscaping and Yard Areas. All required front and street side yard setbacks shall be landscaped and appropriately irrigated to city commercial landscape guidelines and standards. All plant materials shall be maintained in a healthy and thriving condition, clear of weeds and debris. Plans shall meet all city requirements for submittal, including but not limited to the city landscape guidelines. The city shall maintain the option to require plans to be prepared by a landscape professional, including, but not limited to, a landscape contractor, landscape architect or landscape designer.

(Ord. 2839 § 14, 2004: Ord. 2838 § 14, 2004: Ord. 2787 §§ 6, 7, 12, 19, 20 and Exh. A, (part), 2001; Ord 2786 § 6 (part), 2001; Ord. 2765 § 2 (part), 2000; Ord. 2755 § 2 (part), 1999; Ord. 2738 § 3, 1998; Ord. 2632 § 1 (F), 1994; Ord. 2515 § 2, 1990; Ord. 2411 § 3, 1987; Ord. 2304 § 1(b), 1983; prior code § 9223)

(Ord. No. 2923, § 1, 3-24-09; Ord. No. 3121, § 5, 8-25-20)

18.34.060 - Emergency shelters.

A.

"Emergency shelter" means housing with minimal supportive services for the homeless and occupancy limited to six months or less by a homeless person.

B.

Provisions listed herein for emergency shelters shall not apply to cold weather and domestic violence shelters.

C.

An emergency shelter is allowed by right in the "M" (Manufacturing) zone, provided that all of the requirements and development standards set forth below are satisfied. A conditional use permit shall only be required if an emergency shelter will not meet all of the provisions contained herein.

D.

Location Requirements. Emergency shelters shall meet the following location requirements:

(1)

Emergency shelters serving single adults or families shall be situated a minimum of five hundred feet from away any another emergency shelter as well as two hundred fifty feet away from a public park and public or private school (not including trade or technology schools), as measured from property line to property line.

(2)

Emergency shelters shall be located within one-quarter-mile of a designated public transportation stop.

E.

Development Standards. Emergency shelters shall meet the following development standards:

(1)

Maximum Stay. No homeless person shall stay within an emergency shelter for more than six months from the date of their acceptance into the shelter. In addition, no homeless person shall be re-admitted to the same homeless shelter within five days of being discharged.

(2)

Waiting Area. If the intake of homeless clients occurs on-site, an enclosed or screened waiting area shall be provided between the intake area and the public right-of-way. There shall be no queuing within the public right-of-way or within any parking lot.

(3)

Hours of Operation. Each emergency shelter shall establish and maintain set hours of operation for client intake and discharge. These hours shall be clearly displayed at the entrance to the shelter at all times. In the event an emergency shelter client is socially disruptive, a threat to the safety of others or in violation of the emergency shelter facility rules during non-business hours of operation, the emergency shelter manager may proceed with discharging that client immediately.

(4)

On-site Personnel. On-site personnel shall be provided during all hours of operation when clients are present. A designated area for on-site personnel shall be located near the main entry to the facility for the purpose of controlling admittance into the facility and providing security.

(5)

Client Restrictions. The emergency shelter operator shall not intake any person as a client of the shelter that the operator knows is wanted by the police or knows has been convicted of committing any violent offense. The emergency shelter operator shall also conduct a background check on all prospective clients using the Megan's Law database and restrict client intake in accordance with state and local registered sex offender residency restrictions.

(6)

Maximum Number of Beds. No more than a total of forty-five beds shall be provided on the entire property where the emergency shelter is located. Beds shall be provided for men and women in separate and secured areas.

(7)

Personal Storage. A private storage area or closet shall be provided with each on-site bed. At no time shall any client of an emergency shelter be allowed to keep on-site any alcoholic beverages or store any type of illegal substances, drugs, and/or weapons of any kind. The manager of the emergency shelter shall conduct routine inspections of each on-site client's personal space to verify compliance and report to the Whittier police department any client that is found in possession of illegal substances, drugs, and/or weapons of any kind.

(8)

Personal Space. A minimum of thirty square feet of personal space shall be allocated for each client bed.

(9)

Restroom and Shower Facilities. A communal restroom facility with at least two toilets, one shower, and one sink shall be provided for every twenty clients residing at an emergency shelter. The emergency shelter manager shall be responsible for ensuring that all restroom and shower facilities comply with the city of Whittier's building code requirements. Separate and secured restroom and shower facilities shall be provided for men and women.

(10)

Common Space. Interior and/or exterior common space for the on-site clients to congregate shall be provided on the property at a ratio of not less than fifteen square feet per occupant or a minimum overall area of four hundred square feet, whichever is greater.

(11)

Telephones. Each emergency shelter shall provide telephone(s) for the use of the on-site clients.

(12)

Food Service Areas. The emergency shelter operator shall be responsible for ensuring that any food service or on-site meal preparation areas comply with all applicable requirements of the city of Whittier and the Los Angeles County Health Department.

(13)

Outdoor storage. Emergency shelters shall screen all outdoor storage areas from all public rights-of-way and on-site parking lots. The emergency shelter manager shall ensure that all outside storage areas be maintained in a neat, clean, and orderly manner at all times.

(14)

Parking. Off-street parking shall be provided at the ratio of one on-site parking space for every eight adult beds, plus one additional space designated exclusively for the on-site manager. No client shall sleep or live within a motor vehicle on the property of an emergency shelter at any time.

(15)

Bicycle Racks. Bicycle racks that allow for the secure storage of bicycles shall be provided. Bicycle racks shall accommodate at least one bicycle storage space for every eight adult beds. All bicycle racks are required to be on-site and located in an area that is not visible from the public right-of-way.

(16)

Lighting. Each emergency shelter shall provide exterior lighting on pedestrian pathways and parking lot areas on the property for safety. Lighting shall be shielded and/or reflected away from all residential areas and public streets. All on-site lighting shall be subject to the review and approval of the Whittier police department prior to operation.

(17)

Security. The emergency shelter operator shall be required to submit an on-site security plan to the community development department for review and approval by the director of community development and the Whittier chief of police. The emergency shelter operator shall be responsible for ensuring that the approved security plan is implemented at the emergency shelter at all times.

(18)

Health and Safety. Each emergency shelter shall comply with all applicable local and state health and safety codes such as, but not limited to, the California Building Code, California Fire Code, California Health and Safety Code and applicable zoning standards for the development and use of the property on which the emergency shelter is located.

(19)

Existing emergency shelters that were established by a conditional use permit with adopted conditions of approval for its operation shall continue to operate under those adopted conditions of approval and be supplemented by the provisions of this ordinance. Should any conflict(s) arise with any operational requirement, the operational requirement(s) in the adopted conditions of approval shall prevail.

(Ord. No. 2948, § 1, 2-23-10)

Chapter 18.35 - MU MIXED-USE ZONES

In order to provide for the development of mixed-use areas within the city, the regulations set forth in this chapter shall be applicable to all properties classified in zones MU-1, MU-2 or MU-3. These zones are established to support a healthy, active area with a mixture of uses that support a full-service community along corridors and at activity nodes. The zones support multi-modal mixed-use corridors that provide daily needs, goods, and services in walkable proximity to established residential neighborhoods. These

zones permit a mixture of residential and non-residential uses in a wide variety of configurations. The purpose of each zone is as follows:

A.

Mixed-Use 1 (MU-1) zone provides for medium-scale, mixed-use development as a transition between residential and mixed-use nodes.

B.

Mixed-Use 2 (MU-2) zone provides for neighborhood activity centers in proximity to bus routes and multimodal corridors. This zone permits horizontal and vertical mixed-use appropriately scaled for adjacent neighborhoods.

C.

Mixed-Use 3 (MU-3) zone provides for the highest intensity neighborhood activity centers in proximity to bus routes and multi-modal corridors. This zone permits horizontal and vertical mixed-use developments scaled for the highest intensity uses that benefit from transit proximity and pedestrian activity. A two-tiered development system allowing for specific increased intensity, densities and building height is established for the MU-3 zones to promote development with added benefit to the community as outlined under Section 18.35.040.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.35.020 - Permitted uses.

A.

Principal Uses. Table 18.35.020 lists the permitted and conditionally permitted land uses for MU-1, MU-2, and MU-3 zoned lots indicating the type of approval required subject to compliance with all provisions of this title. Descriptions and definitions of the land uses can be found in Chapters 18.06 and 18.07. The specific use regulations and notes column in the table indicates a chapter or section where additional regulations may apply; and/or provides additional information specific to that use type.

B.

Accessory Uses. Accessory uses are those uses which are directly related, but clearly subordinate to a permitted or conditionally permitted principal use; where such use is already established, or the principal and accessory uses are established jointly.

C.

Stand-alone Residential. Stand-alone residential is allowed in any MU zone and not subject to floor area ratio (FAR) restrictions; however, all density limits for each MU zone are applicable regardless of the type of residential use as identified in Table 18.35.030.

D.

Use Not Listed. Any use that is not listed or has not been determined by the director of community development to be similar to a listed use, is prohibited in any mixed-use zone.

Table 18.35.020: Allowable Uses and Approval Requirements for Mixed-Use Zones

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Table 18.35.030 contains the development standards applicable to the MU-1, MU-2 or MU-3 zones. These standards, along with other development standards as outlined within this Title, including objective design standards contained in Chapter 18.93, are intended to assist property owners and project designers in understanding the city's minimum requirements and expectations for high quality development. The following applies to the requirements of Table 18.35.030:

A.

Minimum and Maximum Density. The minimum and maximum density standards are only applicable to mixed use developments that include residential uses.

B.

Density, Floor Area Ratio, and Height. Increase to any of these standards in Table 18.35.030 is exclusive to the MU-3 zone subject to the requirements of the community benefits program outlined in Section 18.35.040.

C.

Predominant Use. Predominant uses are intended to establish the primary focus for development maximizing the land use intent and square footage for those uses in Table 18.35.020 identified as primary uses. Mixed-use zones allow some standalone uses that are not traditional mixed-use (e.g., medical services/hospitals, banks/financial institutions, lodging facilities, recreation, education, and public assembly uses).

D.

Accessory Structures. Includes parking structures, trash enclosures and similar supporting or separate structures from the primary structure.

E.

Development Standards. In addition to the standards outline in Table 18.35.030, mixed-use development shall comply with applicable requirements of Chapter 18.93.

F.

Building Step Back Requirements. Buildings located on MU zoned parcels shall provide a transitional element, a stepping back of the building at the third story and above, that is in addition to the minimum side and rear setback line. Taller elements of the building shall increasingly step back from adjacent singlefamily zones. No portion of the building, excluding parapets, shall extend above an imaginary plane drawn at the property line that is adjacent to the single-family zone, and extended at an angle of forty-five degrees toward the center of the MU zoned parcel as shown in Figure 18.35.030-F.

Figure 18.35.030-F: Building Step Back

==> picture [336 x 144] intentionally omitted <==

G.

Building Frontage. New buildings are to be located in close proximity to the street for improved relationship to the street and pedestrians. For parcels less than fifteen acres in size, at least fifty percent of the lot width shall be occupied by primary building frontage and/or pedestrian features located between zero and thirty feet from the front property line. For parcels fifteen acres and greater in size, at least fifty percent of the lot

width is occupied by primary building frontage and located between zero and eighty feet from the front property line.

H.

Open Space. The residential component of a mixed-use development shall provide open space areas subject to the following standards in addition to the requirements of Table 18.35.030.

1.

Private Open Space. Private open space shall be provided at each unit in the form of a patio, yard, balcony, immediately adjacent deck, or combination thereof and shall be directly adjacent to and accessible from each unit. Every private open space area that is provided shall have a minimum area of sixty square feet, a minimum dimension of six feet in any direction, and a minimum vertical clearance of eight feet.

2.

Active Common Open Space/Recreation Areas. Common open space/recreation areas shall be designed to provide specific amenities as outlined below based on the number of units proposed in the development. The list of amenities is both cumulative and additive, requiring that the base amenity type and minimum size be satisfied for the applicable number of units threshold, plus all preceding amenities, plus any additional increase in number or size of the amenity based upon the additional minimum ratio to be provided, where applicable.

As an example, a development consisting of twenty units shall provide a business center with at least two workstations OR a two hundred fifty square foot gym OR a one hundred fifty square foot meeting/study room OR a thirty-six square foot community garden; PLUS, either one barbeque with table seating for twelve adults OR an outdoor active use area a minimum of four hundred five square feet (Base Amenity of 400 sf + 5 sf for 10 additional du above the base). All fractional values shall be rounded up. Additional amenity types and square feet of amenities beyond the minimum required may be provided.

y room OR a thirty-six square foot community garden; PLUS, either one barbeque with table seating for twelve adults OR an outdoor active use area a minimum of four hundred five square feet (Base Amenity of 400 sf + 5 sf for 10 additional du above the base). All fractional values shall be rounded up. Additional amenity types and square feet of amenities beyond the minimum required may be provided.

1 Ratios to be applied for the additional number of units in the project that is above the amount listed in the "number of units" column, resulting in an increase in the amenity square footage or number in the "base amenity type and minimum size" column.

sf = square feet; du = dwelling unit

3.

Common Open Space Dimensions. Common open spaces shall have a minimum horizontal dimension in any direction of twenty feet on the ground floor level. Upper story decks shall be no less than ten by ten feet in horizontal dimension. Roof decks shall be no less than fifteen by fifteen feet in horizontal dimension. The minimum vertical dimension shall be fifteen feet.

4.

Common Open Space Location. Active common open spaces shall not be located in any required setback area. Active common open spaces may be located at ground level, on upper story decks, on roof decks, indoors, or outdoors. Areas located at upper story decks or on roof decks may contribute one hundred percent towards the required common open space area. Areas located indoors shall not contribute more than fifty percent of the required common open space area.

Parking. The number of parking spaces provided for the allowed uses contained in Table 18.35.020, and the design of such parking areas shall satisfy the applicable requirements of Chapters 18.48 and 18.99. Shared parking for residential mixed-use development, either vertical or horizontal, shall be permitted, subject to review and approval of a parking study prepared in accordance with Section 18.48.030 for mixed occupancy requirements and Section 18.48.040 joint use authorization.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

Purpose. To promote added amenities on MU-3-zoned lots, a tiered development system using a community benefits program as provided herein may be applied. The program provides the city with tools to evaluate and determine how a development contributes to the urban fabric and creates special places that enhance the city. A two-tier system of benefits allows development to achieve higher densities and intensities in return for certain public and community-serving amenities being provided.

B.

Relationship to State Density Bonus Law. Any such density bonuses associated with the provisions outlined herein are supplementary to density bonus provisions established by state law.

C.

Relationship to the General Plan. At a minimum and in accordance with the general plan, development utilizing this program must provide a measurable and/or clearly identifiable community benefit in the form of affordable housing, jobs creation, parkland or open space.

D.

Eligibility. Multi-family and mixed-use residential development within the MU-3 zone are eligible for participation in the community benefits program. To be eligible for the program, mixed-use development must have at least two-thirds of the total floor area developed with residential uses.

E.

Types of Community Benefits. Table 18.35.040-E provides a list of community benefits and a general description of the minimum criteria to evaluate the community benefit that reflects public input on desired types of development, project features and amenities within the city.

F.

Increased Density/Intensity. Table 18.35.040-F outlines the maximum allowable increase to residential density and/or intensity of non-residential development within a two-tier program for qualifying community benefits. The city may grant such increases up to the maximum by tier only when the community benefits or amenities offered satisfy the minimum amount and are not otherwise required by this title or any other provision of local, state or federal law.

G.

Required Approvals. Approval of an eligible development participating in the community benefits program requires the following review and approvals in conjunction with any other approvals as required by this title.

1.

Tier 1. A development that proposes to utilize the allowable increases to density, intensity, and/or height under the tier 1 community benefits program shall require planning commission review and approval.

2.

Tier 2. A development that proposes to utilize the allowable increase in density, intensity, and/or height under the tier 2 community benefits program shall require a recommendation of the planning commission to

the city council for final review and approval. If a development agreement is utilized by the city to negotiate project design that maximizes community benefits, then such agreement shall be prepared and approved consistent with this title and Government Code Sections 65864 through 65869.5, including all required public noticing and hearings.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Chapter 18.36 - P PARKING OVERLAY ZONE

Sections:

The parking overlay zone shall be created in the same manner as property is reclassified from one zone classification to another within the city, in the manner specified in Chapter 18.60. When so classified, the same shall be noted on the zoning map by the symbol "P" in parentheses following the existing zoning classification of such property.

(Prior code § 9450)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

When any lot is classified in the parking overlay zone it may be used, in lieu of the uses permitted by its underlying zone classification, exclusively for off-street parking purposes if such off-street parking facilities serve a principal use which is located on a lot which is within one hundred feet of the outer boundaries of the lot classified in the parking overlay zone. The following regulations shall apply to the use of a lot so classified:

A.

All off-street parking facilities shall be constructed and maintained in accordance with the provisions of Chapter 18.48.

B.

All required yard areas, as imposed by the zoning regulations applicable to such lot by reason of its underlying zone classification, shall be observed. All such required yard areas shall be landscaped and permanently maintained as such, including, but not limited to, the installation and maintenance of a permanent irrigation system.

(Prior code § 9451)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.36.030 - Access.

No lot shall be classified in the parking overlay zone unless vehicular and/or pedestrian access thereto is limited or restricted by conveyance of such access rights to the city, or otherwise, to ensure a safe traffic flow and to ensure that the use of such lot for off-street parking purposes will not unreasonably increase vehicular or pedestrian traffic on abutting streets serving residential areas.

(Prior code § 9452)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Chapter 18.37 - MED MEDICAL ZONE

This chapter provides regulations applicable to development and land uses in the medical (MED) zone, as established by 18.08.010. The MED zone implements the general plan medical land use category, the intent of which is to accommodate pedestrian-oriented master-planned medical facility complexes such as hospitals and nearby complementary medical office and medical research uses. Allowed supportive commercial uses are limited in scope to businesses that sell and/or rent products; provide services that support and/or encourage the further expansion of the medical uses within the zone; uses that serve the

medical facilities, their employees, and their customers/visitors/clients; and uses and site design that promote overall health and well-being. Specifically prohibited uses include automotive and auto-oriented uses, manufacturing, warehousing/storage uses, including personal storage, and big-box retail businesses.

The zone regulations encourage and support the architectural design that is distinctive and memorable, building design and landscaping that minimizes the public views or presence of parking lots and parking structure, and site planning that allows for and encourages pedestrian circulation between buildings and uses.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.37.020 - Permitted uses.

A.

Principal Uses. Table 18.37.020 lists the allowed land uses for MED zoned lots, indicating the type of approval required subject to compliance with all provisions of this title. Descriptions and definitions of the land uses are established in Chapters 18.06 and 18.07. The specific use regulations and notes column in the table provides any chapter or section where additional regulations may apply or additional information for that use type.

B.

Accessory Uses. Accessory uses are those uses which are directly related but clearly subordinate to a permitted or conditionally permitted principal use.

C.

Limitations on Use. Uses shall comply with the applicable use regulations specified in Chapter 18.24.

D.

Symbols Used. Use regulations in the table are shown with a representative symbol by use classification listing: "P" symbolizes uses allowed by right, "C" symbolizes uses that require approval of a conditional use permit, "A" symbolizes uses that are accessory to an established principal use, and "—" symbolizes that the use is not permitted. Any use that is not listed or has not been determined by the director of community development to be similar to a listed use is specifically prohibited.

cation listing: "P" symbolizes uses allowed by right, "C" symbolizes uses that require approval of a conditional use permit, "A" symbolizes uses that are accessory to an established principal use, and "—" symbolizes that the use is not permitted. Any use that is not listed or has not been determined by the director of community development to be similar to a listed use is specifically prohibited.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Prior to the issuance of a building permit, a development review, in accordance with Chapter 18.56 shall be approved. In addition to the special development standards set forth in Chapters 18.24 through 18.32, compliance with Division VI, Community Design, as applicable, is required, and the following development standards shall apply to each MED-zoned lot, except as otherwise expressly provided in this chapter.

A.

General. New land uses, structures, and alterations to existing uses or structures shall be designed, constructed, and/or established in compliance with all development standards requirements in Table

18.37.030, in addition to building design standards in Section 18.37.040 and applicable standards in Chapter 18.48, Chapter 18.64, and other applicable provisions of this title.

B.

Building Step Back Requirement. Buildings located on MED zoned parcels shall provide transition, a stepping back of the building at the third story and above, that is in addition to the minimum side and rear setback line. Taller elements of the building shall increasingly step back from adjacent single-family zones. No portion of the building, excluding parapets, shall extend above an imaginary plane drawn at the property line that is adjacent to the single-family zone, and extended at an angle of forty-five degrees toward the center of the MED zoned parcel as shown in Figure 18.37.030-B.

Figure 18.37.030-B: Building Step Back

==> picture [337 x 148] intentionally omitted <==

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

All new development in the MED zone shall comply with the design guidelines set forth in Chapter 18.96.

B.

All new parking structures in the MED zone shall comply with the standards and design guidelines set forth in Chapter 18.99.

C.

The following additional design standards shall apply.

1.

Higher-rise buildings of four stories or more must clearly distinguish the base, middle and upper stories.

2.

The base of all buildings must visually establish a human-scale for pedestrians and passers-by.

3.

Two-story buildings shall provide a scale base treatment between nine inches and six feet in height.

a.

Three- to five-story buildings should provide a scale base treatment from one to two stories in height, relating proportionally to the total building height.

b.

Buildings greater than five stories must provide a building base of approximately one-eighth of the building's height.

c.

Design Base treatment should extend around all sides of the building.

4.

The "top" of buildings must be approximately one-twentieth of the building's height or twelve inches, whichever is greater.

5.

New and renovated buildings should be treated architecturally on all sides.

6.

Buildings located at the Five Points intersection, along the intersecting streets of Whittier Boulevard, Santa Fe Springs Road, and Washington Boulevard, must include special treatment, such as a prominent entry at the corner, special architectural "turning" of the corner with a major facade change, symmetrical designs at the two flanking facades, or special attention at building facades, including fenestration over at least twenty-five percent of the facade's surface.

7.

Front facades facing other public streets should have a highly visible main entrance, with a substantial presence and scale.

8.

Primary building entries should be well defined, provide a "sense of entry" for the building, and use architectural features such as columns and awnings.

9.

New buildings over ten thousand square feet in size shall include a shaded outdoor employee seating area with a one-thousand square foot minimum.

10.

Parking lots and parking structures must be designed as follows:

a.

Parking lots and parking structures shall follow standards identified in Chapter 18.48 (Off-Street Parking).

b.

Parking areas should be located behind or along the side of structures.

c.

Parking lots and structures located along the side of structures must be screened with landscaping of fifteen feet or more in width.

d.

Driveways and internal circulation must be safe, efficient, and convenient and must result in minimal conflict between vehicles and pedestrians.

11.

Equipment, loading and storage areas, circulation, and trash enclosures must be designed as follows:

a.

Roof mounted equipment such as cooling and heating equipment, antennae and receiving dishes must be screened from view of parking lots, connecting walkways and street right-of-way.

b.

Mechanical equipment screening should be integrated as part of a project's site and building design.

c.

Loading areas, overhead doors, and storage areas must not face street right-of-way and must be located behind or to the side of buildings.

d.

Loading areas, access and circulation driveways, trash enclosures, and mechanical equipment should be located as far as possible from any adjacent residences.

12.

When adjoining uses can mutually benefit from connection rather than separation, appropriate connective elements (e.g., walkways, common landscape areas, building orientation, and unfenced property lines) should be provided between the uses.

13.

Landscaping. All required front yard and street side yard setbacks shall be landscaped and appropriately irrigated to city commercial landscape guidelines and standards. All plant material shall be maintained in a healthy and thriving condition, clear of weeds and debris. Plans shall meet all city requirements for submittal, including but not limited to the city landscape guidelines. The city shall maintain the option to require plans to be prepared by a landscape professional, including but not limited to a landscape contractor, landscape architect or landscape designer.

14.

Landscaping and outdoor pedestrian-oriented areas must be distinctive and should dominate the streetscape.

a.

Landscaping shall be an integral part of the overall site plan, enhance building design, public views and spaces, and provide buffers, transitions, and screening.

b.

Distinct planting and/or landscape features must be provided through focal points at project entries, plaza areas, and other areas of interest.

c.

Development should provide outdoor pedestrian activity and gathering areas such as courtyards and plazas which are accessible to the public.

15.

Medical drive-through facilities must be located to the side or rear of the structure. The overall height of landscaped berms and/or low walls shall be between thirty-six and forty-two inches high and must screen the parking lot and drive-through aisle.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Chapter 18.38 - DEVELOPMENT STANDARDS MODIFICATIONS[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 3159, § 3(Exh. A), adopted Nov. 12, 2024, repealed the former Ch. 18.38 in its entirety and enacted a new chapter as set out herein. The former Ch. 18.38 pertained to T Transitional Zone and derived from prior code, §§ 9500—9503; and Ord. 2390, § 1, adopted in 1986.

It is the purpose and intent of this chapter to provide a process to promote the development or redevelopment of those properties that front on an arterial street but due to a non-standard subdivision pattern, shallow lot depth, access patterns, or similar property characteristics, face significant constraints in complying with required development standards, thereby causing a severe hardship for which a variance either does not apply or does not provide the necessary relief.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

In cases where the interaction or combination of development standards and/or design guidelines limits or fully prevents a site's ability to be developed or redeveloped, a conditional use permit may be requested subject to the provisions of Sections 18.52.060 and 18.52.070. An application for a conditional use permit shall be processed in accordance with the provisions of Sections 18.52.080 through 18.52.100.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.38.030 - Standards and findings for issuance.

A.

A conditional use permit may be granted to enable reasonable development, provided the applicant presents clear and convincing evidence that strict adherence to all applicable development standards and/or design guidelines will substantially limit or fully prevent viable development or redevelopment of the site and the approval authority can make the additional findings below.

B.

Findings.

1.

Conformance with development standards and/or design guidelines will substantially limit or fully prevent development or redevelopment of the site;

2.

The project has been designed to comply, to the greatest extent possible, with all applicable development standards and design guidelines without substantially limiting or dully preventing development or redevelopment of the site;

3.

The site proposed for the development and use has sufficient access to streets which are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use;

4.

The site proposed for development and use will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties;

5.

The proposed development and use will be compatible with the permitted uses of surrounding properties and adjacent properties; and,

6.

Deviation from the development standards and design guidelines will not adversely affect the public health, safety and welfare.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Chapter 18.39 - PQP PUBLIC AND QUASI-PUBLIC ZONE

This chapter provides regulations applicable to development and land uses in the public and quasi-public (PQP) zone, as established by 18.08.010. The PQP zone is intended to provide regulations for uses in appropriate locations that are maintained by private institutions, public, or publicly controlled agencies such as municipal and/or county agencies, school districts, or utility companies.

The zone regulations encourage and support the adaptive reuse of historic and industrial buildings, with new construction echoing the scale and design aesthetic of long-established character buildings.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.39.020 - Permitted uses.

A.

Principal Uses. Table 18.39.020 lists the allowed land uses for the PQP zoned lots, indicating the type of approval required subject to compliance with all provisions of this title. Descriptions and definitions of the land uses are established in Chapter 18.07. The specific use regulations and notes column in the table provides any chapter or section where additional regulations may apply or additional information for that use type.

B.

Accessory Uses. Accessory uses are those uses which are directly related but clearly subordinate to a permitted or conditionally permitted principal use.

C.

Limitations on Use. Uses shall comply with the applicable use regulations specified in Chapter 18.24.

D.

Symbols Used. Use regulations in the table are shown with a representative symbol by use classification listing: "P" symbolizes uses allowed by right, "C" symbolizes uses that require approval of a conditional use permit, "A" symbolizes uses that are accessory to an established principal use, and "—" symbolizes that the use is not permitted. Any use that is not listed or has not been determined by the director to be similar to a listed use is specifically prohibited.

ve symbol by use classification listing: "P" symbolizes uses allowed by right, "C" symbolizes uses that require approval of a conditional use permit, "A" symbolizes uses that are accessory to an established principal use, and "—" symbolizes that the use is not permitted. Any use that is not listed or has not been determined by the director to be similar to a listed use is specifically prohibited.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

General. New land uses, structures, and alterations to existing uses or structures shall be designed, constructed, and/or established in compliance with all development standards requirements in Table 18.39.030, in addition to building design standards in Section 18.39.040 and applicable standards in Chapter 18.48, Chapter 18.64, and other applicable provisions of this title.

B.

Building Step Back Requirements. Buildings located on PQP zoned parcels shall provide transition, a stepping back of the building at the third story and above, that is in addition to the minimum side and rear setback line. Taller elements of the building shall increasingly step back from adjacent single-family zones. No portion of the building, excluding parapets, shall extend above an imaginary plane drawn at the property line that is adjacent to the single-family zone, and extended at an angle of forty-five degrees toward the center of the PQP zoned parcel as shown in Figure 18.39.030-B.

Figure 18.39.030-B: Building Step Back

==> picture [336 x 145] intentionally omitted <==

C.

Walls and Fences. All new walls and fences shall be subject to the following provisions:

1.

Smooth-faced precision blocks may be used only when integrated within a wall design to create a decorative wall pattern or when plaster or stucco is to be applied to the blocks as a finishing material.

2.

A decorative finishing wall course cap shall be applied to all new walls and pilasters.

3.

Combination walls or fences may be constructed consisting of a variety of different building materials, subject to the review and approval of the approval authority.

4.

All landscaping planted in front of any wall or fence shall be maintained in healthy condition at all times and supported with an operable irrigation system that complies with the city's water conservation ordinance.

5.

All street-facing walls and fences shall be treated with an anti-graffiti laminate coating, or any other antigraffiti method deemed acceptable by the approval authority. Alternatively, healthy landscaping (i.e., vines) may be planted to provide sufficient coverage of the wall face, if deemed acceptable by the approval authority.

6.

All fencing shall comply with Section 18.24.040 F and all materials subject to the limitations of 18.64.070.

7.

All new walls and fences shall be subject to the provisions contained in Section 18.64.050. These provisions shall also apply to all driveways.

8.

The maximum wall and fence height described within paragraph two of this subsection may be increased in height as determined by staff but not higher than sixteen feet for noise attenuation purposes when approved with a conditional use permit, provided:

a.

Such walls may only be approved when necessary to protect adjacent property from stationary noise sources legally established, prior to the effective date of this paragraph, on the property from which such noise emanates, or to protect adjacent property from unavoidable nuisance noise resulting from permitted uses of the commercial property.

b.

Such walls may only be approved when all reasonable efforts to reduce such noise at the source have been made, as determined by a qualified acoustical engineer after appropriate technical studies.

c.

The maximum height of such a wall shall not exceed the minimum necessary to achieve compliance with the city's noise ordinance, Chapter 8.32 of the municipal code, as determined by a qualified acoustical engineer.

d.

Such walls shall be constructed of sound-absorbing materials and designed to include architectural treatment consistent with the style of the buildings on the subject property.

E.

Refuse Storage Areas. All development and uses in the PQP zone shall be provided with facilities for the storage of refuse containers as set forth in Section 18.24.040.G.

F.

Compressors, Motors, etc. Each use on such a lot which utilizes compressors, air conditioning units, or other machinery which is located outside of the exterior walls of any building, including but not limited to, vents, ducts and conduits, but excluding window-mounted or wall-mounted air conditioners, shall comply with the standards contained in Section 18.24.040 H.

G.

Lighting. All outdoor lighting shall be located, directed downward, and shielded to prevent light from shining onto adjacent lots.

H.

Landscaping. All required front yard and street side yard setbacks shall be landscaped and appropriately irrigated to city commercial landscape guidelines and standards. All plant material shall be maintained in a healthy and thriving condition, clear of weeds and debris. Plans shall meet all city requirements for submittal, including but not limited to the city landscape guidelines. The city shall maintain the option to require plans to be prepared by a landscape professional, including but not limited to a landscape contractor, landscape architect or landscape designer.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

All new development in the PQP zone shall comply with the design guidelines set forth in Chapter 18.96.

B.

The following additional design standards shall apply.

1.

Primary building entries should be well defined, provide a "sense of entry" for the building, and use architectural features such as columns and awnings.

2.

New buildings over ten thousand square feet in size shall include a one thousand square foot minimum shaded outdoor seating area.

3.

Loading areas, access and circulation driveways, trash enclosures, and mechanical equipment should be located as far as practical from any adjacent residences.

4.

When adjoining uses can mutually benefit from connection rather than separation, appropriate connective elements (e.g., walkways, common landscape areas, building orientation, and unfenced property lines) should be provided between the uses.

5.

Window orientation in nonresidential buildings should preclude a direct line of sight into adjacent residential units. Methods of precluding such line of sight include opaque windows, clerestory windows, and tall evergreen trees that block the line of sight.

6.

Uses that involve outdoor storage and/or staging materials or activities outdoors must be screened from view from public streets, parks, and/or residential areas.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Chapter 18.40 - PUT PARKS AND URBAN TRAILS ZONE

This chapter provides regulations applicable to development in the parks and urban trails (PUT) zone, as established by 18.08.010. The PUT zone implements the general plan parks and urban trails land use category and the adopted parks master plan, as amended from time to time.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

Principal Uses. Reserved for those uses permitted in the adopted parks master plan.

B.

Accessory Uses. Reserved for those uses permitted in the adopted parks master plan.

C.

Temporary Uses. Reserved for those uses authorized by the director of parks, recreation and community services by regulations established for such uses.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

New land uses, structures, and alterations to existing uses or structures shall be designed, constructed, and/or established upon the review and approval process under the purview of the Whittier Parks and Recreation Commission, including any required recommendations for final action by the Whittier City Council.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Chapter 18.41 - MASSAGE ESTABLISHMENTS

Sections:

18.41.010 - Deadline for compliance.

Unless there is specific exemption found in this chapter, it is a violation for:

A.

Any person to engage in the practice of massage therapy for compensation as defined by this chapter prior to the operative date that the California Massage Therapy Council ("CAMTC") first commences the issuance of CAMTC certificates, and any massage establishment to employ or retain such a person unless such person is a holder of a current and valid city issued permit to operate as a massage technician pursuant to the terms of this chapter.

B.

Any person to engage in the practice of massage therapy as defined by this chapter on or after the operative date that the CAMTC first commences the issuance of the CAMTC certificates, and any massage establishment to employ or retain such a person, unless such person first obtains and continues to maintain in full force and effect a valid CAMTC certificate.

C.

Any person who holds a current CAMTC certificate to engage in the practice of massage therapy for compensation as defined by this chapter twelve months after the expiration of Chapter 10.5 of Division 2 of the California Business and Professions Code, and for any massage establishment to employ or retain such

a person unless such person is a holder of a current and valid city issued permit to operate as a massage technician pursuant to the terms of this chapter.

D.

Any person, other than an employee of a permitted massage establishment, to engage in the practice of massage therapy for compensation as defined by this chapter unless they comply with the terms of this chapter as well as the business licensing requirements as set forth by Title 5 of the City's Municipal Code. This shall include all independent contractors.

E.

Notwithstanding Paragraph B of this section, any person who holds a current and valid city issued massage technician permit as of the operative date that the CAMTC first commences the issuance of the CAMTC certificates, shall not be required to obtain a CAMTC certificate for so long as that person continues to maintain such permit in full force and effect pursuant to the terms of this chapter.

(Ord. No. 2936, § 1, 10-27-09)

The city council finds and declares as follows:

A.

The permit requirements and restrictions imposed by this chapter are reasonably necessary to protect the health, safety and welfare of the citizens of the city and are consistent with all applicable laws of the State of California.

B.

The city is authorized, by virtue of the Constitution of the State of California, and Section 51031 of the California Government Code, to regulate massage establishments by imposing reasonable standards relative to the skill and experience of massage operators and massage technicians and imposing reasonable conditions on the operation of the massage establishment.

C.

There is a significant risk of injury to massage clients by improperly trained and/or educated massage technicians and this chapter provides reasonable safeguards against injury and economic loss.

D.

The courts have long recognized massage as a pervasively regulated activity. There is opportunity for acts of prostitution and other unlawful sexual activity to occur in massage establishments and the establishment of reasonable standards for issuance of permits and restrictions on operations would serve to reduce the risk of illegal activity.

E.

The restrictions and requirements contained in this chapter are intended to reduce the burden of massage establishment regulation on the police department.

F.

The regulations and restrictions contained in this chapter are intended to discourage massage establishments from degenerating into houses of prostitution and the means utilized in this chapter bear a reasonable and rational relationship to the goals sought to be achieved.

(Ord. No. 2936, § 1, 10-27-09)

18.41.030 - Definitions.

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

A.

"Applicant" means any person who is required to file an application for a massage therapy license.

B.

"Adult oriented merchandise" means sexually oriented implements or paraphernalia, such as, but not limited to: dildos, auto sucks, sexually-oriented vibrators, Ben Wa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity.

C.

"Chief of police" means the Chief of Police of the city of Whittier, or his/her designee.

D.

"Child day care facility" means a facility which provides nonmedical care to children under eighteen years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour basis. Child day care facility includes day care centers and family day care homes.

E.

"City" means the city of Whittier.

F.

"City council" means the city council of the city of Whittier.

G.

"City manager" means the city manager of the city of Whittier, or his/her designee.

H.

"Compensation" means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.

I.

"Conviction," or "convicted" means a guilty plea, guilty verdict or a conviction following a plea of nolo contendere.

J.

"Customer area" means areas open to customers of the establishment or the general public.

K.

"Director" means the director of community development for the city.

L.

"Employee" means any and all persons, other than a massage therapist, massage practitioner, operator or manager, who renders any service, with or without compensation, for the owner, operator, manager or agent of either an owner, operator or manager of a massage establishment and who has no physical contact with customers or clients. For purposes of this chapter the term "employee" shall include independent contractors.

M.

"Health department" means the Health Care Agency of the County of Los Angeles.

N.

"Lobby" means one room or designed area, adjacent to the public entry, which is used for an entry and/or waiting room for customers or other persons authorized to enter the premises.

O.

"Manager" means the person(s) designated by the operator of the massage establishment to act as the representative and agent of the operator in managing day-to-day operations with corresponding liabilities and responsibilities. Evidence of management includes, but is not limited to, evidence that the individual has the power to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies. A manager may also be an owner. A manager must meet the standards and qualifications set forth hereinbelow to qualify as a manager.

P.

"Massage, massage therapy, bodywork" means any method of treating the external parts of the human body for remedial, health, hygienic, relaxation or any other reason or purpose, whether by means of pressure on, friction against or stroking, kneading, tapping, pounding, vibrating, rubbing or any other manner of touching external parts of the human body with the hands, or with the aid of any mechanical or electrical apparatus or appliance, with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment or other similar preparations commonly used in this type of

business or trade. The terms massage, massage therapy, and bodywork shall be used interchangeably throughout this chapter.

Q.

"Massage establishment" means any enterprise or establishment having a fixed place of business conducted within the city of Whittier, where any person, firm, association, partnership, corporation, or combination of individuals, engages in, conducts, carries on or permits to be conducted or carried on, for money or any other consideration, the administration to another person of a massage, bath or health treatment involving massages or baths including but not limited to fomentation, electric or magnetic treatments, alcohol rubs, or any other type of system for treatment or manipulation of the human body with or without any character of bath, such as Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath.

R.

"Massage practitioner" means any person who legally possesses a current and valid CAMTC certificate pursuant to subdivision (b) of Section 4601 of the California Business and Profession Code, or subdivision (a) or (c) of Section 4604 of the California Business and Profession Code, and who is engaged in the practice of massage therapy for compensation.

S.

"Massage room" means a cubicle, booth, room or enclosed or semi-enclosed area within a massage establishment where massage services are performed on patrons.

T.

"Massage technician" means any person who holds a current and valid city issued permit that allows the person to administer to another person a massage, as defined herein, within a massage establishment for any form of consideration or in exchange for anything of value whatsoever. The terms "massage trainee," "masseur" or "masseuse" are included within this definition for purposes of this chapter.

U.

"Massage therapist" means any person who legally possesses a current and valid CAMTC certificate pursuant to subdivision (c) of Section 4601 of the California Business and Profession Code and who is engaged in the practice of massage therapy for compensation.

V.

"CAMTC certificate, massage certificate" means the certificate issued by the CAMTC to massage therapists pursuant to subdivision (c) of Section 4601 of the California Business and Profession Code, and to massage practitioners pursuant to subdivision (b) of Section 4601 of the California Business and Profession Code, or subdivision (a) or (c) of Section 4604 of the California Business and Profession Code. The terms CAMTC certificate and massage certificate are used interchangeably in this chapter.

W.

"Operator" means all persons who supervises, manages, directs, organizes, controls or have an ownership interest in the massage establishment. An operator may also be a manager or an owner.

X.

"Operator's permit" means the permit issued pursuant to the provisions of this chapter required to operate and/or manage a massage establishment.

Y.

"Out call massage" means a massage performed or administered for money or other consideration by a licensed massage technician at a location other than a licensed massage establishment.

Z.

"Owner" means the individual(s) whose name appears on the city business license and includes any and all persons who have any ownership interest in a massage establishment. An owner may also be an operator or manager.

AA.

"Person" means any natural person, individual, or corporation, partnership, association or other group or combination of individuals acting as an entity.

BB.

"Police department" means the police department of the city of Whittier.

CC.

"Recognized school of massage" means a facility that meets minimum standards for training and curriculum in massage and related subjects and that is approved by any of the following:

a.

The Bureau for Private Postsecondary and Vocational Education pursuant to former Section 94739 of the Education Code prior to July 1, 2007, and as of the date on which an applicant met the requirements of paragraph (2) of subdivision (b) or subparagraph (A) of paragraph (2) of subdivision (c) of Section 4601.

b.

The department of consumer affairs.

c.

An institution accredited by the Accrediting Commission for Senior Colleges and Universities or the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges and that is one of the following:

i.

A public institution.

ii.

An institution incorporated and lawfully operating as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code, and that is not managed by any entity for profit.

iii.

A for-profit institution.

iv.

An institution that does not meet all of the criteria in subparagraph (B) that is incorporated and lawfully operating as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code, that has been in continuous operation since April 15, 1997, and that is not managed by any entity for profit.

d.

A college or university of the state higher education system, as defined in Section 100850 of the Education Code.

e.

A school of equal or greater training that is approved by the corresponding agency in another state or accredited by an agency recognized by the United States Department of Education.

Recognized school of massage shall not include schools offering a correspondence course not requiring personal attendance.

(Ord. No. 2936, § 1, 10-27-09)

A.

Except as otherwise provided, it shall be unlawful for any person to engage in, conduct or carry on, or to permit the engagement in, conduct of or carrying on the business or operation of a massage establishment within the city without first obtaining an operator's permit pursuant to the provisions of this chapter, and complying with all other applicable provisions of this Code, including but not limited to securing the necessary business licenses as required by Title 5 of this Code.

B.

Massage establishments that utilize or employ only massage therapists and/or massage practitioners in good standing with the CAMTC, irrespective of the employee or independent contractor status of the massage therapist and massage practitioner, shall not be required to obtain a massage establishment operator's permit.

(Ord. No. 2936, § 1, 10-27-09)

The requirements of this chapter shall not apply to the following individuals while engaged in performing the duties of their respective professions:

A.

Physicians, surgeons, chiropractors, physical therapists or osteopaths duly licensed to practice their respective professions in the State of California. The herein exemption only applies if the massage is performed by the aforementioned licensed professionals and/or by a staff member of said licensed professionals in the course of treatment prescribed by said professional and only when said professional is present on the premises.

B.

Acupuncturists who are duly licensed to practice their respective profession in the State of California. The exemption herein only applies if the massage therapy is performed by the aforementioned licensed professional to the treated area. If a duly licensed acupuncturist wished to provide massage therapy by another individual/s said individual/s must obtain and possess a valid massage technician permit or a massage certificate and the office (acupuncturist/owner) must obtain a massage establishment permit from the city of Whittier in compliance all codes and the California Acupuncture Board.

C.

A registered or licensed vocational nurse working on the premises of, and under the direct supervision of, a State licensed physician, surgeon, chiropractor or osteopath. Practical nurses or other persons that do not meet the requisite qualifications for a massage technician, or any other person not otherwise licensed by the State of California or the Massage Therapy Organization (California Business and Professions Code §§ 4600 et. seq.), whether or not employed by physicians, surgeons, chiropractors, osteopaths, acupuncturists, or physical therapists, may not provide massage services or act as a massage technician.

D.

Hospitals, nursing homes, sanatoriums, or other health care facilities duly licensed by the state of California.

E.

Barbers, beauticians and manicurists who are duly licensed by the State of California while engaging in the practice within the scope of their respective licenses, except that this exemption applies solely for the massaging of the neck, face and/or scalp of the customer or client of said barber or beautician or in the case of a licensed manicurist, the massaging of the forearm, hands, calves and/or feet.

F.

Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment.

G.

Trainers of amateur, semi-professional or professional athletes or athletic teams.

(Ord. No. 2936, § 1, 10-27-09)

A.

Any person desiring to obtain a permit to operate a massage establishment shall submit a written application under penalty of perjury on the required form to the chief of police and the community development department. The application shall be accompanied by a non-refundable filing fee established by separate resolution of the city council to help defray the cost of the investigation required by this chapter.

B.

The application shall be completed and signed by the owner of the proposed massage establishment, if a sole proprietorship, or, if the applicant is a corporation or partnership, it shall designate one of its officers or general partners as its authorized representative. The authorized representative shall complete and sign all application forms required for an individual applicant under this chapter.

C.

The application and fee required pursuant to this section shall be in addition to any other license, permit or fee required by any other chapter of this code or ordinance hereafter adopted. Only one application fee shall be charged regardless of the number of owners or operators designated in the application.

D.

The application for a permit does not authorize the operation of a massage establishment unless and until such permit has been properly granted, nor does the possession of a valid massage establishment permit authorize the possessor to perform work for which a massage technician permit or a massage certificate is required.

E.

The application for a massage establishment permit shall contain or be accompanied by the following information:

1.

The type of ownership of the business, i.e., whether by individual, partnership, corporation or otherwise.

a.

If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the state and date of incorporation and the names and

residence addresses of each of its current officers, directors and each stockholder holding more than five percent of the stock of that corporation.

b.

If the applicant is a partnership, the application shall set forth the name and residence addresses of each of the partners, including limited partners.

c.

If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the secretary of state. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply.

2.

The true full and precise name under which the massage establishment is to be conducted.

3.

The present or proposed address where the massage establishment is to be conducted and all telephone numbers for the massage establishment.

4.

A complete current list of the names and residence addresses of all proposed massage technicians, aides, trainees and other employees who are or will be employed in the massage establishment, if known. If not known at the time of submission of the application, the applicant shall provide the required information no later than ten calendar days prior to opening for business.

5.

The name and residence addresses of the proposed operator or manager who will be principally in charge of the operation of the massage establishment.

6.

A description of any other business operated on the same premises as the proposed massage establishment, or within the city or the state, which is owned or operated by the owner or operator.

7.

The name and address of the owner and lessor of the real property upon or in which the proposed business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized affidavit from the owner of the property acknowledging that a massage establishment will be located on his/her property.

8.

The complete business, occupation and employment history for eight years preceding the date of application, including, but not limited to, a massage establishment or similar type of business history and experience of the applicant;

9.

The complete massage permit history; whether such person has ever had any similar type of permit or license issued by any agency, board, city, county, territory or state; the date of issuance of such a permit or license, whether the permit or license has been or was ever denied, revoked or suspended; if a vocational or professional license or permit has been or was ever denied, revoked or suspended; if the applicant has ever been required to surrender a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked and the reason therefor;

10.

All criminal convictions, including pleas of nolo contendere, within the last ten years including those convictions dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason therefor;

11.

A complete set of fingerprints taken by the police department. The applicant shall be responsible for payment of any fingerprinting fee.

12.

Two portrait photographs at least two inches by two inches in size taken within the last month.

13.

Authorization for the city, its agents and employees to seek verification of the information contained in the application.

14.

Such other identification and information as the chief of police may reasonably require in order to discover the truth of the matters herein specified and as required to be set forth in the application.

15.

A statement in writing and dated by the person providing the information that he/she certifies under penalty of perjury that all information contained in the application is true and correct.

16.

A certificate of compliance from any affected department or agency, including but not limited to, the city's community development department, building and safety division and the Los Angeles County Health Department must be submitted prior to the application's final approval. Any required inspection fees shall be the sole responsibility of the applicant. If the certificates of compliance are not received by the chief of police or his/her designee, within ninety calendar days of the date of filing of the application, said

application shall be deemed void. If any land use permit or other entitlement for the use of the property as a massage establishment is required, such permit or use entitlement shall be obtained by the applicant prior to the massage establishment permit becoming effective.

F.

Every owner and operator shall also provide the following personal information:

1.

The full, true name and all aliases used;

2.

Date and place of birth, California driver's license, California identification card, and resident alien card, if applicable;

3.

The current residence address and residence telephone number and all previous residential addresses for a minimum of eight years immediately preceding the present address of the applicant and the dates of residence for each address;

4.

Acceptable written proof that the owner and/or operator is at least eighteen years of age;

5.

Height, weight, gender and color of hair and eyes;

G.

If, during the term of a permit, the permittee has any change in information submitted on the original or renewal application, the permittee shall notify the police department in writing of any such change within ten business days thereafter.

H.

If an owner or operator also desires to act as a massage technician, he/she shall also satisfy the requirements for the respective permit set forth in this chapter.

(Ord. No. 2936, § 1, 10-27-09; Ord. No. 3121, § 6, 8-25-20)

A.

Upon receipt of a complete written application for a permit, the chief of police or his/her designee shall conduct an investigation to ascertain whether a permit should be issued as requested. The chief of police or his/her designee, shall, within ninety calendar days of receipt of an application, approve, conditionally

approve or deny the application. The ninety-day period may be extended for up to thirty additional calendar days, if necessary, to complete the investigation. The chief of police at that time may issue such permit as requested, unless he/she makes any of the following findings:

1.

The applicant, or any of the officers or directors of the corporation, a partner or any person directly engaged or employed in the massage establishment, has within eight years preceding the date of the application:

a.

Been convicted of a violation of any provision of law pursuant to which a person is required to register under the provisions of Penal Code Section 290, or conduct in violation of California Penal Code Sections 266h, 266i, 314, 315, 316, 318, subsections (a), (b) or (d) of Penal Code Section 647, or convicted of an attempt to commit or conspiracy to commit any of the above mentioned offenses, or any other crime involving dishonesty, fraud, deceit, or moral turpitude or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code Sections 415, 602 or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes, or any crime committed while engaged in the ownership of a massage establishment or the practice of massage.

b.

Been convicted of a violation of Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code Section 11054, 11055, 11056, 11057 or 11058.

c.

Been convicted of any offense in any other state or U.S. territory, which is the equivalent of any of the abovementioned offenses.

d.

Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Sections 11225 through 11235 of the California Penal Code, or any similar provisions of law in a jurisdiction outside the state of California.

e.

Committed an act in another jurisdiction which, if committed in this state, would have been a violation of law and, which, if done by a permittee under this chapter, would be grounds for denial, suspension or revocation of the permit.

f.

Has had a massage operator or massage technician permit or other similar license or permit denied, suspended or revoked for cause by the city, any state, local agency or other licensing authority, or has had

to surrender a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked.

3.

The owner and/or operator has made a false, misleading or fraudulent statement or omission of fact to the city in the permit application process.

4.

The application does not contain all of the information required by Section 18.41.060.

5.

The owner and/or operator is not at least eighteen years of age.

6.

The massage establishment, as proposed, does not comply with all applicable laws, including, but not limited to, health, zoning, fire, building and safety requirements and standards.

7.

The applicant failed to obtain a certificate of compliance from the affected department or agency, including but not limited to, the city's community development department.

8.

The required fee(s) has not been paid and/or all other requirements of this chapter have not been satisfied in the time specified if applicable.

B.

If the application is denied for failure to comply with subsection (A)(2) or (3) of this section, the applicant may not reapply for a period of six months from the date the application was denied.

C.

If the chief of police, upon completion of the investigation, determines that the applicant does not fulfill the requirements as set forth in this chapter, the chief of police shall deny said application by dated written notice to the applicant. The applicant shall have the right of appeal as set forth in Section 18.41.280.

(Ord. No. 2936, § 1, 10-27-09)

All owners and operators shall comply with the following general conditions and any other conditions specified by the chief of police.

A.

Except to the extent required, in writing, by a state-licensed medical practitioner, no massage technician, employee or contractor shall massage the genitals, gluteal fold, or anal area of any patron or the breasts of any female patron, nor shall any operator or manager of a massage establishment allow or permit such a massage to the above specified areas. A massage shall not be given and no patron shall be in the presence of a massage technician, contractor, operator, manager or other employee of a massage establishment unless the patron's genitals, gluteal fold, anus, and, if a female patron, the female patron's breasts, are fully covered by a non-transparent covering.

B.

No person granted a permit pursuant to this chapter shall use any name or conduct business under any designation not specified in his/her permit.

C.

All massage establishments required to be licensed under this chapter shall have a manager on the premises at all times the massage establishment is open. The operator of each massage establishment shall file a statement with the chief of police or his/her designee, designating the person or persons with power to act as a manager. The operator and/or on duty manager shall post, on a daily basis, the name and

photograph (a minimum size of four inches by six inches) of each on-duty manager and each on-duty technician in a conspicuous public place in the lobby of the massage establishment. The operator, or the manager in the operator's absence, shall be responsible for ensuring compliance with this chapter.

D.

The operator's permit shall be displayed in a conspicuous public place in the lobby of the massage establishment.

E.

The hours of operation must be posted in the front window and clearly visible from the outside.

F.

No massage establishment required to be licensed under this chapter shall open for business without having at least one massage technician who holds a current valid massage technician's permit for that specific massage establishment or a massage certificate. There shall be at least one massage technician who holds a current valid massage technician's permit or a massage certificate on the premises, and on duty, at all times when the establishment is open.

G.

The operator and/or manager shall ensure that the massage technician permit and/or massage certificate for each on-duty massage technician is conspicuously displayed in a public place in the lobby and that each massage technician is wearing the identification required by Section 18.41.200(B) at all times when working in the massage establishment. Such identification shall be provided to a city official upon demand.

H.

An operator and/or manager shall be responsible for the conduct of all employees and contractors while they are on the massage establishment premises. Any act or omission of any employee or independent contractor constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator or manager for purposes of determining whether the operator's license shall be revoked, suspended, denied or renewed.

I.

No operator and/or manager shall employ any person as a massage technician who does not have a valid massage technician permit issued pursuant to this chapter or a massage certificate in good standing. Every operator or manager shall report to the chief of police or his/her designee, any change of employees, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the chief of police. The report shall contain the name of the employee and the date of hire or termination. The report shall be made within five calendar days of the date of hire or termination. The operator or manager shall deliver notice of the termination of any massage technician no longer employed by the operator or manager to the chief of police or his/her designee, within five calendar days of termination.

J.

All employees, including massage technicians, shall, at all times while on the business premises, wear clean, nontransparent outer garments solidly covering the shoulders to four inches or less above the knees. Under no circumstances shall these garments permit the genitals, pubic area, abdomen, back, buttocks, breasts or chest to be exposed. Massage technicians shall maintain the massage technician permit badge or the massage certificate badge visibly on their person affixed to the right front of their required smock at all times during business hours.

K.

The operator and/or manager shall maintain a register of all employees and contractors including any employees and contractors who is holding a current CAMTC certificate. The employee and contractor register shall be maintained on the premises for a minimum period of two years following an employee's termination. The operator and/or manager shall make the employee and contractor register immediately available for inspection upon demand of a representative of the police department at all reasonable times. The employee and contractor register shall include, but not be limited to the following information:

1.

The name, nicknames and/or aliases used by an employee.

2.

The employee or contractor's home address and relevant phone numbers (including but not limited to home, cellular and pager numbers).

3.

The employee or contractor's age, date of birth, gender, height, weight, color of hair and eyes.

The employee or contractor's social security number.

5.

The date of employment and termination, if any.

6.

The duties of each employee and contractor.

L.

No massage establishment shall operate as a school of massage, or use the same facilities as that of a school of massage.

M.

At all times, the operator, manager and employees shall comply with all provisions of this chapter and any applicable provisions of this code.

N.

Insurance. No person shall engage in, conduct or carry on the business of a massage establishment unless there is on file with the city's business license department, in full force and effect at all times, a policy of insurance issued by an insurance company authorized to do business in the State of California evidencing

that the permittee is insured under a liability insurance policy providing minimum coverage of one million dollars for injury or death to one person arising out of the operation of any massage establishment and the administration of a massage.

O.

Workers' Compensation Insurance. No person shall engage in, conduct or carry on the business of a massage establishment unless there is on file with the city's business license department, in full force and effect at all times, an insurance certificate, or some other sufficient evidence of compliance, demonstrating that the permittee is in compliance with the workers' compensation insurance coverage requirements of the state of California.

(Ord. No. 2936, § 1, 10-27-09)

All owners, operators and managers shall comply with the following operating requirement for facilities and any other conditions specified by the chief of police:

A.

Structure. Massage establishments shall be carried on in a structure, which is located in a zoning district, which permits such use. When a massage establishment is newly constructed, three sets of plans shall be submitted to the city and the county health care agency for approval and shall be accompanied by the appropriate plan check fee.

B.

Signs. Any signs shall be in conformance with the current sign ordinances of the city. Each operator and/or manager shall post and maintain, adjacent to the main entrance and the front of the business, a readable sign identifying the premises as a massage establishment. The sign, and the front of the business, shall not be illuminated by strobe or flashing lights.

C.

Services List. Each operator and/or manager shall post and maintain a list of services available and the cost of such services in the lobby of the massage establishment in a conspicuous public place and in any other location on the premises as the operator and/or manager deems appropriate. No operator or manager shall permit, and no massage technician shall offer or perform, any service other than those posted.

D.

Lighting. The interior of the business shall maintain adequate illumination to make the conduct of patrons and employees within the premises readily discernable. The actual lighting level shall be approved in advance by the police chief and maintained during all hours of operation. No strobe, flashing lights or dimmer switches shall be used. No colored lights shall be used nor shall any coverings be used which change the color of the primary light source.

E.

Ventilation. The operator and/or manager shall provide in each massage room, minimum ventilation in accordance with the Section 1203.4 of the current California Building Code (CCR Title 24, Part 2, Volume 1 of 2) or successor provision or provisions and the applicable provisions of the current International Building Code as published by the International Code Council.

F.

Toilet Facilities. A minimum of one toilet and one separate wash basin shall be provided for patrons in each massage establishment, which basin shall provide soap or detergent and hot and cold running water at all times and shall be located within close proximity to the massage rooms. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom washbasin. Bar soaps shall not be used. A trash receptacle shall be provided in each toilet room.

G.

Bathing, Dressing and Locker Facilities. A minimum of one shower and one dressing room containing a separate locker capable of being locked, shall be provided for patrons to be served at the massage establishment. The shower facility shall be equipped with soap or detergent and hot and cold running water at all times and shall be located within close proximity to the massage rooms. Bar soaps shall not be used.

H.

Separate Rooms. If male and female patrons are to be treated simultaneously at the same massage establishment separate massage rooms, dressing, bathing and toilet facilities shall be provided for male

and female patrons. Each separate facility or room shall be clearly marked as such. The requirements of this subsection will be met and "couples massages" are allowed in a single room if the massage establishment is operated as an accessory use within, and as part of spa services offered in an approved day spa facility, health club, athletic club, or gym. Couples massages are permitted within a single room subject to all the requirements of this chapter, including, but not limited to the provision of a separate massage table and massage technician for each patron. The separate massage tables used during the couples massage must remain separated as to allow free passage and movements of the massage technicians during the course of the treatment. Any room used for couples massage shall be large enough to comply with any applicable building and fire codes and to permit free passage and movements of the massage technicians. For the purpose of this subsection, accessory use shall mean a use which is not more than twenty-five percent of the floor area of the related health or athletic activities of the primary use.

I.

Maintenance. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and disinfected with a disinfectant approved by the county health department, as needed, but at least once each day the premises are open. All facilities for the massage establishment must be in good repair and shall be thoroughly cleaned and sanitized at least on a daily basis when the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be constructed with materials that are smooth and easily cleanable. No carpeting shall be installed in any of these specified areas.

J.

Massage Tables. A massage table shall be provided in each massage room and all massages shall be performed on the massage table. No more than one patron may occupy a massage table at the same time. The tables should have a minimum height of eighteen inches. Two-inch thick foam pads with a maximum width of four feet may be used on a massage table and must be covered with durable, washable plastic or other waterproof material acceptable to the county health department. Beds, floor mattresses and waterbeds shall not be permitted on the premises.

K.

Front Door. One front door that enters into the lobby and/or other waiting room shall be provided for customer use. All customers and any other persons other than employees shall be required to enter and exit through the front door of the establishment.

(Ord. No. 2936, § 1, 10-27-09)

All owners, operators and managers shall comply with the following operating requirements and any other conditions specified by the chief of police:

A.

Equipment. Each operator and/or manager shall provide and maintain on the premises adequate equipment for disinfecting and sterilizing instruments used in massage.

B.

Linen. Common use of towels or linen shall not be permitted. Towels and linen shall be laundered or changed promptly after each use. Separate enclosed cabinets shall be provided for the storage of clean and soiled linen and shall be plainly marked "clean linen" and "soiled linen" and shall have doors or covers.

C.

Living Quarters Prohibited. No person or persons shall be allowed to reside, dwell, occupy or live inside the massage establishment at any time. Living quarters, if any, shall be completely separate from the massage establishment. No cooking or food preparation of any kind shall be prepared for sale or sold in the establishment unless an appropriate food vending permit is granted by the city and the County of Los Angeles and a full service kitchen is installed. Such a kitchen, if any, shall be for the sole use of employees, and shall be installed in an "employees only" area. The full service kitchen shall have a minimum of a sink with hot and cold running water, a refrigerator, a stove, and sufficient cabinets to store cooking utensils.

D.

Alcoholic Beverages/Drugs. No person shall enter, be in or on, or remain in or on, any part of a massage establishment while in possession of, consuming, using or under the influence of, any alcoholic beverage or controlled substance. The operator and/or manager shall be responsible to ensure that no such person shall enter or remain upon the premises of the massage establishment. Service of alcoholic beverages shall not be permitted.

E.

Adult Oriented Merchandise Prohibited. The use or possession of adult oriented merchandise in or on any part of a massage establishment is expressly prohibited.

F.

Recordings. No building or part thereof where massage or massage services are being conducted shall be equipped with any electronic, mechanical or artificial device used, or capable of being used, for recording or videotaping, for monitoring the activities, conversation, or other sounds in the treatment room or room used by customers.

G.

Coverings. Each massage establishment shall provide to all patrons clean, sanitary and opaque coverings of a minimum size of thirty inches by sixty inches, capable of covering the patrons' specified anatomical areas, including but not limited to the genital area, anus and female breasts. No common use of such coverings shall be permitted and re-use is specifically prohibited unless adequately cleaned prior to its reuse.

H.

Records. Every operator and/or manager shall keep a record of the dates and hours of each treatment or service, the name and address of the patron, the name of technician administering such service and a description of the treatment or service rendered. A short medical history form shall be completed by the

operator and/or manager to determine if the patron has any communicable diseases, areas of pain, high blood pressure or any physical condition which may be adversely affected by massage. These records shall be prepared prior to administering any massage or treatment and shall be retained for a period of twentyfour months after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this chapter or emergency personnel for emergency purposes and for no other purpose. The police department may periodically inspect the records to ensure compliance with this section. The information furnished or secured as a result of any such records shall be used only to ensure and enforce compliance with this chapter, or any other applicable state or federal laws and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the city shall constitute a misdemeanor.

I.

Hours of Operation. Massage operations shall be carried on or conducted, and the premises shall be open, only between the hours of seven a.m. and nine p.m. The operator and/or manager must advise the city, in writing, at the time of submission of the application for a massage establishment permit of the hours of operation within the times set forth above. The operator and/or manager shall notify the city, in writing, at least thirty calendar days prior to the date of the effective change, of any changes in the hours of operation. No person shall operate a massage establishment or administer a massage in any massage establishment between the hours of nine p.m. and seven a.m. A massage begun any time before nine p.m. must nevertheless terminate at nine p.m. All customers, patrons and visitors shall be excluded from the massage establishment during these hours and be advised of these hours. The hours of operation must be displayed in a conspicuous public place in the lobby within the massage establishment and in the front window clearly visible from the outside.

J.

Advertising. No massage establishment shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective customers or clients that any service is available other than those services described in this chapter and posted on the premises as required by this chapter, nor shall any massage establishment employ language in the text of any advertising that would reasonably suggest to a prospective patron that any service is available other than those services described in this chapter and posted on the premises as required by this chapter.

K.

Handicapped Areas. All massage establishments must comply with all state and federal laws and regulations for handicapped customers.

L.

Compliance. Proof of compliance with all applicable provisions of this code shall be provided.

M.

Doors. All exterior doors (except back or rear exterior doors used only for employee entrance to and exit from the massage establishment) shall remain unlocked during business hours. All interior doors, including

but not limited to all doors leading to customer areas, the front reception, hallway or front exterior doors, shall not have any locking mechanisms. A door leading from the lobby area to customer areas, if any, shall not have any locking mechanism or be capable of being locked or blocked to prevent entry, in any manner.

N.

Massage and Dressing Room Doors. All massage and dressing rooms shall be screened off by curtains, draw drapes, or in the alternative, swinging doors, so long as such doors are mounted at least eighteen inches from the floor and not less than ten inches from the top of the door frame. A full door may be used if it does not have a locking mechanism and contains a reverse peephole, allowing visual inspections from outside the room. No other type of door shall be used except those provided for in this section for massage and dressing room doors. No massage may be given within any massage room within a massage establishment, which is fitted with a door capable of being locked.

O.

Access. No person(s) other than the owner, operator, operator's employees, holders of valid massage technician permits issued pursuant to this chapter and customers will be allowed beyond the front lobby, which lobby shall be located directly inside the front door entrance, during the hours of operation. Any other person(s) found beyond the first interior door leading to the inside of the business including, but not limited to, hallways, massage rooms, reception/business offices or lounge area will be in violation of this section. Entry doors to any room shall not be obstructed by any means.

P.

Discrimination. No massage establishment may discriminate or exclude patrons on the basis of race, sex, religion, age or handicap.

Q.

Notices. The chief of police shall require that the following notice be posted in the event that any employee of the massage establishment or any person who has been aided and abetted by an employee of the massage establishment has been found, after full hearing by administrative proceeding or by a state court, to have violated any of the offenses that would be grounds for denial under Section 18.41.070 or 18.41.180:

NOTICE TO ALL PATRONS

THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE WHITTIER POLICE DEPARTMENT WITHOUT PRIOR NOTICE.

1.

The language for said notice set forth above shall be provided by the chief of police. Every owner, operator and/or manager required to post such notice shall be required to pay for the cost of any and all notices required by this section.

The notice shall be conspicuously posted in a location within the massage establishment that is easily visible to any person entering the premises and in each massage room. The notices shall be posted for twelve months following the violation of any of the offenses set forth above.

(Ord. No. 2936, § 1, 10-27-09)

A.

The police chief and the county health department, or their authorized representatives, shall have the right to enter the massage establishment at any time during business hours for the purpose of making reasonable unscheduled inspections to observe and enforce compliance with applicable regulations, laws, and provisions of this chapter. During an inspection, the police department may also verify the identity of all employees.

B.

The city's community development department, fire department, police department and the county health department may, from time to time, make an inspection of each massage establishment for the purpose of determining that the provisions of this chapter, state law or other applicable laws or regulations are met. Criminal investigations may be conducted as directed by the chief of police. The police department may inspect the occupied massage rooms for the purpose of determining that the provisions of this chapter are met upon occurrence of any of the conditions described in Section 18.41.100(Q), which would require the posting of the "Notice To All Patrons".

C.

Inspections of the massage establishment shall be conducted during business hours.

D.

An operator, manager, their agents, servants or employees commits a punishable offense if he/she refuses to permit, delays or interferes with a lawful inspection of the premises by a representative of the police department at any time it is occupied or open for business.

(Ord. No. 2936, § 1, 10-27-09)

No operator's permit may be sold, transferred or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void except as hereinafter set forth.

(Ord. No. 2936, § 1, 10-27-09)

18.41.130 - Operator's permit—Change in ownership of business.

A.

If the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case, the permit, upon notification to the chief of police, shall be placed in the name of the surviving partners. One or more proposed partners in a partnership granted a permit hereunder may make application to the chief of police, together with the fee established by the city council therefor, to amend the original application providing all information as required for partners in the first instance and, upon approval thereof, the transfer of the interests of one or more partners to the proposed partner or partners may occur.

B.

If the permit is issued to a corporation, stock may be sold, transferred, issued, or assigned to stockholders who have been named on the application. If any stock is sold, transferred, issued, or assigned to a person not listed on the application as a stockholder, the permit shall be deemed terminated and void; provided, however, the proposed transferee may submit to the chief of police, together with a fee established by the city council, an application to amend the original application providing all information as required for stockholders in the first instance, and, upon approval thereof, the transfer may then occur.

(Ord. No. 2936, § 1, 10-27-09)

A.

Every operator and/or manager shall report immediately to the police department and the community development department any and all changes of name or designation under which the business is to be conducted, and all changes of address or telephone numbers of the massage establishment. A change of location of the massage establishment may be approved by the chief of police provided there is compliance with all applicable regulations of the city and the new location is zoned for such a use.

B.

No permittee shall operate, conduct, manage, engage in, or carry on the business of a massage establishment under any name other than the person's name and the name of the massage establishment specified in the permit.

C.

Any application for an extension or expansion of a building or other place of business of a massage establishment shall require inspection(s) and shall comply with the provisions and regulations of this chapter and all other city ordinances including but not limited to zoning ordinances and building, safety and occupancy standards.

(Ord. No. 2936, § 1, 10-27-09)

18.41.150 - Applicability to existing massage establishments.

A.

Commencing on the effective date of the ordinance codified in this chapter, all permits for a massage establishment are to be issued in accordance with the provisions of this chapter.

B.

The provisions of this chapter shall be applicable to all persons and businesses described herein whether the described activities were established before or after the effective date of this article, except that massage establishments legally in business prior to the effective date hereof shall have three months or until the expiration of their current business license, whichever is greater, to comply with the terms hereof.

(Ord. No. 2936, § 1, 10-27-09)

18.41.160 - Massage technician permit required.

A.

No person shall perform or administer a massage, or advertise to provide massage services in the city, unless such person has in effect a valid massage technician permit issued pursuant to Section 18.41.180 of this chapter. Each massage technician permit holder shall be issued a photo identification badge and a massage technician permit by the city. The permit or certificate holder shall wear the identification badge on his/her person, at all times when working in the massage establishment and shall ensure that the massage technician permit or massage certificate is displayed in a conspicuous place in the lobby during business hours. Each permit holder shall immediately surrender to the chief of police any identification badge and massage technician permit issued by the city upon the suspension, revocation, or expiration of such permit.

B.

Persons holding a valid CAMTC certificate while Chapter 10.5 of Division 2 of the California Business and Professions Code remains in full force and effect may provide massage services in the city without obtaining a massage technician permit issued by the city.

(Ord. No. 2936, § 1, 10-27-09)

18.41.170 - Massage technician permit—Application.

A.

Any person desiring to obtain a massage technician permit shall file a written application under penalty of perjury on the required form with the chief of police. The application shall be accompanied by a nonrefundable filing fee established by separate resolution of the city council to help defray the cost of the investigation required by this chapter.

B.

The application and fee required pursuant to this section shall be in addition to any other license, permit or fee required by any other chapter of this code or ordinance hereafter adopted.

C.

The application for a massage technician permit shall contain or be accompanied by the following information:

1.

A statement of the exact location at which the applicant will be working as a massage technician, including the full street address and all telephone numbers associated with said location.

2.

The applicant's complete business, occupation and employment history for eight years preceding the date of application, including, but not limited to, a massage technician license or similar type of business history and experience of the applicant.

3.

The complete massage technician permit history of the applicant; whether such person has ever had any similar type of permit or license issued by any agency, board, city, county, territory or state; the date of issuance of such a permit or license, whether the permit or license has been or was ever denied, revoked or suspended; if a vocational or professional license or permit has been or was ever denied, revoked or suspended; if the applicant has ever surrendered a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked and the reason therefor.

4.

All criminal convictions, including pleas of nolo contendere, within the last ten years including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason therefor;

5.

A complete set of fingerprints taken by the police department. The applicant shall be responsible for payment of any fingerprinting fee.

6.

Three portrait photographs of the applicant at least two inches by two inches in size taken within the last month.

7.

Such other information and identification as the chief of police or his/her designee may require in order to discover the truth of the matters herein specified and as required to be set forth in the application.

8.

Authorization for the city, its agents and employees to seek verification of the information contained in the application.

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

D.

Each applicant shall also provide the following personal information concerning the applicant:

1.

The full, true name and all aliases used by the applicant.

2.

Date and place of birth, California driver's license or California identification card, and resident alien card, if applicable.

3.

The current residence address and residence telephone number and all previous residential addresses for a minimum of eight years immediately preceding the present address of the applicant and the dates of residence for each address.

4.

Acceptable written proof that the applicant is at least eighteen years of age.

5.

Height, weight, color of hair, eyes and gender.

E.

If, during the term of a permit, a permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the police department of such change within ten business days thereafter, in writing.

F.

In addition to the above information, each applicant must also furnish either:

1.

An original or certified copy of a diploma or certificate and certified transcript of graduation from a recognized school of massage; or

2.

Proof of passage of an independently prepared and administered national certification exam which has been recognized by objective standards to fairly evaluate professional levels of skill, safety and competence as determined by a qualified massage association; or

3.

Proof of membership or the ability to obtain membership in a qualified massage association.

G.

The applicant must also supply a course description, an outline of material covered, and a letter to the city from the school administrator verifying completion.

H.

The applicant must also supply an original, valid state CPR certificate.

I.

Any outside course of study submitted for approval shall meet the State of California's Office of Postsecondary Education's minimum requirements and be for completion of five hundred hours of on-premises training.

(Ord. No. 2936, § 1, 10-27-09; Ord. No. 3121, § 6, 8-25-20)

18.41.180 - Massage technician permit—Issuance and denial.

A.

Upon receipt of a complete written application for a permit, the chief of police or his/her designee shall conduct an investigation to ascertain whether a permit should be issued as requested. The chief of police or his/her designee, shall, within ninety calendar days of receipt of an application, approve, conditionally approve or deny the application. The ninety-day period may be extended for up to thirty additional calendar days, if necessary, to complete the investigation. The chief of police at that time may issue such permit as requested, unless he/she makes any of the following findings:

1.

The applicant has not passed every section of the practical and written examination as required by this chapter.

2.

The applicant has, within ten years preceding the date of the application, been convicted of any of the following:

a.

A violation of any provision of law pursuant to which a person is required to register under the provisions of Penal Code Section 290, or conduct in violation of California Penal Code Sections 266h, 266i, 314, 315, 316, 318, subsections (a), (b) or (d) of Penal Code Section 647, or convicted of an attempt to commit or conspiracy to commit any of the above mentioned offenses, or any other crime involving dishonesty, fraud, deceit, moral turpitude or an act of violence or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code Sections 415, 602 or any lesser included or

related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes, or any crime committed while engaged in the ownership of a massage establishment or the practice of massage;

b.

A violation of Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058; or

c.

Any offense in any other state, which is the equivalent of any of the above-mentioned offenses.

3.

That the applicant has committed an act in another jurisdiction, which, if committed in this state, would have been a violation of law and, which, if done by a permittee under this chapter, would be grounds for denial, suspension or revocation of the permit.

4.

That the applicant has engaged in conduct which would constitute grounds for suspension or revocation under Section 18.41.300 of this chapter.

5.

The applicant has had a massage operator or massage technician permit or other similar license or permit denied, suspended or revoked for cause by the city, any state, local agency or other licensing authority, or has had to surrender a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked within eight years prior to the date of the application.

6.

The applicant has knowingly made a false, misleading or fraudulent statement or omission of fact to the city in the permit application process.

7.

The application does not contain the information required by Section 18.41.170.

8.

The applicant is not at least eighteen years of age.

9.

The applicant has not paid the required fee(s) and/or satisfied all other requirements of this chapter in the time specified.

B.

If the application is denied for failure to comply with subsection (5) or (6) of this section, the applicant may not reapply for a period of six months from the date the application was denied.

C.

If the chief of police, upon completion of the investigation, determines that the applicant does not fulfill the requirements as set forth in this chapter, the chief of police shall deny said application by dated written notice to the applicant. The applicant shall have the right of appeal as set forth in Section 18.41.280.

(Ord. No. 2936, § 1, 10-27-09)

18.41.200 - Massage technician permit/massage certificate—General conditions.

All massage technicians shall comply with the following conditions and any other conditions specified by the chief of police on issuance of the massage technician's permit (the following conditions also apply to massage certificate holders):

A.

Except to the extent required, in writing, by a state-licensed medical practitioner, no massage technician shall massage or allow a massage technician aide, or employee to massage the genitals, gluteal fold, or anal area of any patron or the breasts of any female patron. Nor shall any massage technician, massage technician aide or employee solicit or allow a patron to touch or massage in any manner the genitals, gluteal fold, or anal area of a massage technician, massage technician aide or employee, or the breasts of any female massage technician, massage technician aide or employee. A massage shall not be given and no patron shall be in the presence of a massage technician, massage technician aide, operator, manager or other employee of a massage establishment unless the patron's genitals, gluteal fold, anus, and, if a female patron, the female patron's breasts, are fully covered by a non-transparent covering.

B.

The massage technician shall wear a photo identification card prepared and issued by the city at all times when present in the massage establishment. Such identification shall be provided to the chief of police upon demand. The identification card shall be worn on outer clothing with the photo side facing out. If a massage technician changes his/her business address, he/she shall, prior to such change, obtain from the chief of police a new photo identification card and advise the police department, in writing, of the new business address.

C.

Massage technicians shall not perform any massage at any location other than the location specified on the permit.

D.

While on duty, the massage technician shall not use any name or designation or conduct business under any other name or designation than the name specified in his/her permit and photo identification card.

E.

Massage attendants, at all times while on the business premises, shall wear clean, nontransparent outer garments solidly covering the shoulders to four inches or less above the knees. Under no circumstances shall these garments permit the genitals, pubic area, buttocks or chest to be exposed. Massage technicians shall maintain the massage technician permit visibly on their person affixed to the right front of their required smock at all times during business hours.

F.

A massage technician shall consent to, and shall not prevent, delay or interfere with an inspection of the massage establishment by the city's community development services, fire department, police department and the health department for the purpose of determining that the provisions of this chapter or other applicable laws or regulations are met. The massage technician shall consent to the inspection of the occupied massage rooms by the police department for the purpose of determining that the provisions of this chapter are met.

(Ord. No. 2936, § 1, 10-27-09)

18.41.210 - Massage technician permit—Non-assignability.

No massage technician permit may be sold, transferred or assigned by a permittee, or any operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void.

(Ord. No. 2936, § 1, 10-27-09)

18.41.220 - Massage technician—Additional or change in location.

In the event a massage technician currently licensed by the city seeks employment at a massage establishment in addition to or different from the establishment indicated on the original application, the permitee shall notify the city in writing within ten calendar days from the date the permittee is employed by the establishment where the permittee is to provide massage services. No additional fee shall be required.

(Ord. No. 2936, § 1, 10-27-09)

18.41.230 - Applicability to existing massage technicians.

A.

Commencing on the effective date of the ordinance codified in this chapter, all permits for a massage technician are to be issued in accordance with the provisions of this chapter.

B.

The provisions of this chapter shall be applicable to all persons and businesses described herein whether the described activities were established before or after the effective date of this article.

(Ord. No. 2936, § 1, 10-27-09)

18.41.240 - Permit term and renewal.

A.

Permits for massage establishments, massage technicians shall be for a period of one year, unless sooner revoked as set forth in this chapter.

B.

No permit granted herein shall confer any vested right to any person or business for more than the permit period. All massage operators and technicians subject to this chapter shall comply with the provisions of this chapter as they may be amended hereafter.

C.

Applications for the renewal of a permit shall be filed with the chief of police at least sixty calendar days before the expiration of the then current permit to be renewed. Temporary permits will not be issued. Any permittee allowing his/her permit to lapse, or which permit expires during a suspension, shall be required to submit a new application and pay the corresponding original application fees.

D.

Any person desiring to obtain a renewal of his/her respective permit shall file a written application under penalty of perjury on the required form with the chief of police, who shall conduct an investigation. The application shall be accompanied by a non-refundable filing fee established by separate resolution of the city council to help defray the cost of the investigation required by this chapter. An applicant shall be required to update the information contained in his/her original permit application and provide any new and/or additional information as may be reasonably required by the chief of police in order to determine whether said permit should be renewed.

E.

A massage technician permittee shall also be required to submit with his/her renewal application proof of completion of at least thirty hours of continuing education courses in massage from a recognized school of massage. Failure to provide this documentation shall be grounds for non-renewal of the massage technician's permit.

F.

The chief of police shall have sixty calendar days to investigate the renewal application and shall render a decision within said sixty calendar days, but no later than the date of expiration of the permit.

(Ord. No. 2936, § 1, 10-27-09)