Chapter 18.46 — EQUESTRIAN USES

The purpose of this chapter is to establish a comprehensive set of regulations applicable to the use of certain land for the keeping of horses for private recreational purposes, and the construction, installation and maintenance of uses accessory thereto.

(Prior code § 9410)

A.

In addition to any other use permitted on lots classified in the H-R, R-E or R-1 zones, equestrian uses, subject to the provisions of this chapter, shall be permitted on any such lots, if:

1.

Such lot is the residence of the person conducting such equestrian use; and

2.

Such lot has not less than twenty thousand square feet of lot area, provided that an H-R, R-E, or R-1-zoned lot having over ten thousand square feet, but less than twenty thousand square feet of lot area, may be utilized for equestrian uses, if the owner or person in possession thereof:

a.

Has a written lease, for a term of not less than two years, for vacant real property classified in zones H-R, R-E or R-1, which is contiguous to such lot, in that the rear lot line of such lot is a common lot line with the leased property and the area of which, when combined with such lot, exceeds twenty thousand square feet, and

b.

Has agreed, in writing, on a form approved by the city attorney, to discontinue all horse keeping uses, including removal of all buildings and structures utilized for such use forthwith, upon termination of such lease;

B.

Where such conditions exist, such lot and the leased property shall be deemed and referred to in this chapter, for the purposes of this chapter, as a single "lot."

(Prior code § 9411)

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

The following regulations shall apply to the conduct of all equestrian uses:

A.

Number of Horses. Not more than two horses may be maintained on a lot which contains twenty thousand square feet of area. One additional horse may be maintained on such a lot for each ten thousand square feet of area over twenty thousand square feet. Notwithstanding the provisions of this chapter, a foal, until it is one year of age, may be maintained on the same lot as its dam.

B.

Corral—Stable. All horses shall be confined within a corral or stable constructed in accordance with the development standards of this chapter.

C.

Stables—Human Habitation. No part of any stable or corral shall be used for human habitation.

D.

Machinery—Equipment. No storage of machinery or equipment utilized for equestrian purposes shall be permitted, except:

1.

Incidental supplies and tools utilized for the care and handling of horses kept on the premises, or for the maintenance of corrals, stables and other structures on the lot, and

2.

Trailers or vehicles which are exclusively used to transport horses kept on the lot, provided that same shall not be parked or stored in a required front or side yard area.

E.

Sanitary Conditions. No unsanitary conditions shall be permitted to exist on property used for equestrian purposes, and each owner or person in possession of such property shall:

1.

Daily clean each corral and stable of manure, offal, soiled straw or other refuse, and

2.

Place all such manure, offal, soiled straw and refuse in fly tight covered receptacles, and

3.

Remove the contents of such receptacles from the lot at least once each week, and

4.

Not permit the ponding of water within a corral area, and

5.

Carry out a positive program of fly control (i.e., through the use of traps, pesticides, etc.), and

6.

Store all trash, manure, offal, soiled straw and other refuse within a completely enclosed building or an area completely enclosed by a view-obscuring wall or fence, not less than six feet in height, fitted with a selfclosing self-locking gate, and

7.

Control dust at all times by regular application of water, or by other suitable means, and

8.

Take all steps necessary to properly drain, so as to eliminate standing water, and

9.

There shall be displayed on or in the vicinity of any stable or corral a weatherproof notice setting forth the name of the person(s) responsible for such horses and phone number(s) to be called in the event of an emergency, and

10.

Horse waste shall not be allowed to accumulate, runoff or leach so as to create a nuisance or be offensive to other persons in the vicinity.

F.

Hiring of Horses. No person shall permit any horse quartered on any H-R, R-E-zoned or R-1-zoned property to be hired out on an hourly, daily, weekly or monthly basis, unless otherwise authorized by provisions of the WMC.

G.

Boarding of Horses. Neither boarding of horses or any other commercial equestrian use shall be permitted pursuant to this chapter.

H.

Abandonment. When an equestrian use is abandoned, all corrals and stables shall be removed by the owner of such lot within not to exceed six months after such abandonment.

I.

Screening. When any equestrian use is visible from a public street, such use shall be screened from such public street by a view-obscuring fence, not less than six feet in height.

(Prior code § 9412)

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

18.46.040 - Permit—Required.

A.

The provisions of this chapter shall apply to all existing equestrian uses within the city as well as to all new uses commenced after the effective date of the ordinance codified in this chapter.

B.

No person shall commence any equestrian use after such effective date without first obtaining an equestrian permit in the time and manner provided in Section 18.46.050.

(Prior code § 9414)

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

18.46.050 - Permit—Application and issuance conditions—Appeals—Modification or revocation.

No equestrian use permitted pursuant to Section 18.46.020 shall be commenced unless and until an equestrian permit therefor is obtained, in the manner set forth in this section.

A.

Applications. Persons desiring an equestrian permit shall file a written application therefor with the director, and shall pay a processing fee in an amount set by the city council. An application for an equestrian permit shall contain the following information:

1.

The name and address of the applicant;

2.

The address, legal description and dimensions of the subject site;

3.

The number of horses requested;

4.

A vicinity map;

5.

A plot plan showing the area and dimensions of all buildings and structures, existing and proposed;

6.

A list of the names and addresses of all owners shown as such on the latest Los Angeles County assessment roll, and persons who reside on any property which is contiguous to the subject site;

7.

Any other appropriate information as requested by the director.

B.

Notices. The director shall cause a notice of intent to issue equestrian permit to be given to all persons who reside or own real property which is contiguous, i.e., has a common lot line, to the proposed site. The notice shall generally describe the uses sought, the location thereof, and shall advise such persons of their right to protest the granting of such permit. All such protests must be written and filed with the director nor later than the date set forth in such notice.

C.

Protests. Where no protests are timely filed and the director finds that the uses proposed will comply with the provisions of this chapter, he/she shall issue such permit, subject to such conditions as he/she deems reasonably necessary to ensure compliance with this title.

D.

Appeals. The applicant may appeal to the planning commission the action of the director in either denying such permit or conditionally approving the same. Such an appeal shall be in writing and shall be filed within not to exceed ten days after the giving of notice by the director of his/her decision. A filing and processing appeal fee, in an amount set by the city council, shall be paid with the filing of such an appeal. In the absence of a timely filed appeal, the decision of the director shall be final.

E.

Commission Action.

1.

Where one or more written protests are timely filed, or where an appeal is timely filed, the director shall set the matter for public hearing before the planning commission. Ten days' notice shall be given to the applicant, and owners or residents of the contiguous properties, of the time and place of such hearing. The planning commission shall approve the application where it finds:

a.

That the permit requested will not be detrimental to, or interfere with, the use, enjoyment or valuation of properties located in the vicinity; and

b.

That the proposed site is adequate in size and shape to accommodate the uses proposed; and

c.

That the permit, if issued, will be in compliance with the provisions of this chapter;

2.

The secretary of the commission shall give the applicant and the protestants, if any, notice of its decision. Such decision shall be final and conclusive, unless within ten days after such notice is given, an interested

person appeals such decision to the city council by filing a written appeal with the city clerk. In the absence of a timely filed appeal, the commission's decision shall be final.

F.

Appeal to Council. Where a timely appeal is filed and the filing and processing fee therefore, as set by the city council, is paid, the city clerk shall set the matter for hearing before the council and shall give not less than ten days' written notice of the time and place thereof to the applicant and protestants, if any. The council shall approve, modify or disapprove the commission's action. The council's determination shall be based upon the same factors as are applicable to the planning commission, and such action shall be final and conclusive.

G.

Revocation, Modification. Each permit shall be valid until abandoned or revoked. All such permits shall be subject to revocation, termination or modification as is provided in Sections 18.52.160 through 18.52.180.

H.

Recordation. Each permit issued pursuant to this chapter shall be recorded in the office of the county recorder.

(Prior code § 9415; Ord. No. 3112, §§ 2, 4, 2-25-20; Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.46.060 - Certificate of compliance required.

As to any equestrian use existing on any R-E-zoned or R-1-zoned lots as of the effective date of the ordinance codified in this chapter, the owner or person in lawful possession thereof shall, within twelve months after such effective date, render all uses in compliance with the provisions of this chapter and thereafter, within the twelve months, file with the director a written instrument, made under penalty of perjury, attesting that all uses are in compliance with the provisions of this chapter, and will continue to be maintained in compliance therewith. Upon receipt of such an instrument, the director shall investigate the matter to determine whether all such uses are in fact in conformity with the provisions of this code. If he/she finds that the same are in conformity he/she shall, notwithstanding the provisions of Section 18.46.050, issue to such person an equestrian permit. If the director finds that such uses are not in compliance, he/she shall advise the person who filed the certificate of such facts, and shall set the matter for a hearing before the planning commission, which shall be noticed in the manner provided in Section 18.46.050E. At the time of such hearing, the commission shall determine whether or not the uses in existence comply with the provisions of this title. If the commission finds that such compliance exists, it shall order the issuance of an equestrian permit. If the commission finds that uses are not in compliance, it shall refuse to issue the same. Notice of the commission's decision shall be given to all interested persons and such decision shall be final ten days after the giving of such notice, unless an appeal is filed in the time and manner set forth in Section 18.46.050F.

(Prior code § 9416)

18.46.070 - Development standards.

All buildings and structures utilized as a part of equestrian usage shall comply with the following developmental standards:

A.

Placement of Buildings and Structures. No part of any building or structure, utilized for an equestrian use, shall be located:

1.

Within fifty feet of any building used for human habitation on adjacent property, nor within thirty-five feet of any building used for human habitation located on the same lot; or

2.

Within fifty feet of any building or structure from which food is dispensed on a commercial basis; or

3.

Between the front of a building used for human habitation and a front lot line; or

4.

Within fifty feet of the right-of-way of any public street.

B.

Lighting. All exposed light sources shall be shielded by appropriate shades or reflectors and shall be arranged to reflect light away from adjacent property.

C.

Metal. No building or structure shall be constructed of sheet metal or corrugated metal.

D.

Corrals. Each corral shall be completely enclosed by a fence at least five feet in height, composed of chain link, a metal fence material or a wooden fence. If a wooden fence is used, it shall consist of four-inch by four-inch posts not more than ten feet apart, and not less than three two-inch by six-inch rails. Substantial locking and/or latching devices shall be provided and installed on all gates in such a manner so as to be inaccessible to animals and small children. Each corral shall have a minimum area of five hundred square feet and may be used to house not to exceed one horse. The minimum corral area shall be increased by two hundred square feet for each additional horse over one housed in such corral. Each corral shall have a roofed area of not less than sixty square feet, with dimensions of six feet by ten feet, for each horse housed in such corral.

E.

Stables. Each stable shall have a minimum ceiling height of nine feet, and usable floor area of not less than two hundred square feet for one horse, and one hundred twenty additional square feet for each additional

horse housed therein.

F.

Stalls. Stalls shall be located and maintained in each stable. The minimum floor area for each stall shall be ten feet by twelve feet.

G.

Maintenance. All buildings and structures used to house horses shall be maintained in a neat and orderly condition with no broken elements of any fence, wall, gate, building or structure.

H.

Storage—Hay and Grain. The storage of hay shall be permitted only in an area which has a portland cement concrete slab floor, or such shall be stored not less than eighteen inches aboveground. Such storage of hay shall not exceed a height above ground level greater than twelve feet, and shall not be located within five feet of any property line. The storage of grain shall be confined to rodent-proof containers only.

I.

Trash—Storage Areas. All storage of trash, manure, offal, soiled straw and other refuse shall be within a completely enclosed building or an area completely enclosed by a view-obscuring fence or wall and gate not less than six feet in height.

J.

New Material. Every new building or structure constructed for equestrian uses after the effective date of the ordinance codified in this section shall be constructed exclusively of new materials.

(Prior code § 9413)

Chapter 18.47 - WIRELESS TELECOMMUNICATION FACILITIES ON PUBLIC AND PRIVATE PROPERTY

This chapter is enacted pursuant to 47 U.S.C. §332(c)(7) to provide standards for wireless telecommunication facilities. It is intended that such facilities be located, installed and operated in a manner consistent with all safety and aesthetic objectives of this chapter, while recognizing the benefit of these facilities to the community. This chapter applies to all wireless telecommunication facilities located within the city of Whittier, whether they are located on public or private property or within a Specific Plan or Planned Community. Facilities located within in the public right-of-way shall be governed by Section 12.56 of the Whittier Municipal Code.

(Ord. No. 2918, § 1, 2-10-09)

For the purpose of this chapter, the following words and phrases shall be defined as follows:

"Antenna" means a device used in communications which radiates and/or receives any radio or television signals for commercial purposes, including, but not limited to, commercial cellular, personal communication service, wireless modem signals, and/or data radio signals. "Antenna" shall not include any noncommercial satellite dish or any antenna utilized for amateur radio, citizen band radio, television, AM/FM or shortwave radio reception purposes.

"Antenna or (wireless antenna)" means (for the purpose of this chapter) any device used for communications (within the frequency spectrum range assigned to wireless telecommunication providers by the Federal Communications Commission) which radiates and/or receives any signals for communication. "Antenna" or "Wireless Antenna" shall not include any noncommercial satellite dish or any antenna utilized for amateur radio, citizen band radio, television, AM/FM or shortwave radio reception purposes.

"Antenna structure" means an antenna or array of antennas and its associated support structure, including, without limitation, a mast or tower.

"Building or Structure height" means the vertical distance measured from the finished grade of the lot immediately beneath the portion of the building or structure being measured, to the highest point of such building or structure, including all faux tree limbs or protruding elements that are associated with a monotree or mono-pole.

"Cellular" means an analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites.

"Co-Location or co-located" means the location of multiple antennas which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure, wall or building.

"Equipment cabinets/base station" means a fixed station at a specified site authorized to communicate with mobile stations, microcells, repeaters, or other wireless stations, usually housed in metal cabinets or small structures on or within close proximity to the antenna structure on the same site.

"Mono-pole" means a structure composed of a single spire used to support antennas or related equipment.

"Personal wireless services" means the commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in 47 U.S.C. § 332(c)(7).

"Roof-mounted" means mounted above the eave line of a building.

"Stealth, stealthing or screening" means the effect of locating an antenna and supporting

telecommunication equipment within or behind a building, wall, facade, fence, landscaping (real or simulated), berm, and/or other specially designed device so that the public view of the antenna(s) and supporting telecommunications equipment from adjoining and nearby public street rights-of-way and private properties is eliminated or minimized to be unrecognizable.

"Wall mounted antenna" means an antenna that is mounted on any vertical surface of a building or structure.

"Wireless telecommunication facility" means a facility consisting of any commercial antenna, monopole, microwave dish and/or other related equipment, or combination thereof, necessary to the transmission and/or reception of any radio or television signals for commercial purposes, including but not limited to, commercial cellular, personal communication service, wireless modem, and/or data radio communications, and which has been granted a certificate of public convenience and necessity, or a wireless registration number by the California Public Utilities Commission, or otherwise provides commercial wireless communications services to the public. "Wireless communication facility" does not include any radio or television facility which is exempt from local regulation pursuant to state or federal law.

"Whip or omni antenna" means an antenna that transmits signals in three hundred sixty degrees. Whip antennas are typically cylindrical in shape and are less than six inches in diameter and measure up to eighteen feet in height. Also called omnidirectional, stick, or pipe antennas.

(Ord. No. 2918, § 1, 2-10-09)

18.47.030 - Applicability.

A.

Prior to the installation of any new, modified or expanded wireless telecommunication facility on public or private property, the applicant shall first obtain the written permission of the legal property owner of the parcel of land or building on which the wireless telecommunication facility is proposed to be located.

B.

Unless noted otherwise, all wireless telecommunication facilities shall be governed by the provisions contained herein, in addition to the California Environmental Quality Act.

C.

Unless specially exempted within this chapter, all wireless telecommunication facilities shall be subject to the review and approval of a conditional use permit and a development review application from the city of Whittier, prior to installation and operation as well as for any expansion of an existing facility, unless previously approved under a master plan of development, as outlined in Section 18.47.090.

D.

If a new or expanded wireless telecommunication facility is located within any ground or air space easement, the wireless provider shall obtain the written consent of the easement holder(s) prior to the installation or expansion of any telecommunications facility and the issuance of any building permits.

E.

All new or expanded telecommunication facilities located on public property owned or managed by the city of Whittier shall obtain a city encroachment license/permit prior to installation.

F.

All wireless telecommunication facilities located within the public right-of-way shall be governed separately under Chapter 12.56 of the Whittier Municipal Code.

G.

The following types of wireless telecommunication facilities shall not require the approval of a conditional use permit, but shall be subject to the review and approval of a development review application:

1.

All wireless telecommunication facilities located on property owned by the city of Whittier.

2.

Any wireless telecommunication facility in which all cellular antennas are physically integrated within the internal framework of a building or structure or are mounted to the roof of a building in which the antennas are completely below or internal to the building parapet wall and do not result in the building or structure exceeding the maximum height limit for the underlying zone. In addition, the cellular equipment must be located either within an underground equipment vault, physically incorporated within a building or located on the roof a building and the equipment is completely below the building parapet walls, so as not be visible from the public right-of-away or the surrounding properties from ground level.

3.

Any future wireless telecommunication facilities and co-locations that were previously approved under a conditional use permit as part of a comprehensive master plan of development for a wireless telecommunication facility network operated by a specific telecommunications provider within the city of Whittier.

4.

Any wireless telecommunication facility that the Federal Telecommunications Act may specifically exempt from discretionary review and approval by the city.

5.

Amateur (ham) radio stations licensed by the Federal Communications Commission (FCC).

6.

Temporary wireless telecommunication facilities for emergency communications by public officials.

7.

Co-location with an existing (conforming) wireless telecommunication facility located on a building, structure or property that is upgraded pursuant to the antenna and equipment facility design and location preferences contained within Section 18.47.060(A)(9) of this chapter to the satisfaction of the director of community development.

Co-location with an existing, nonconforming, wireless telecommunication facility that will be re-developed in compliance with the provisions of this chapter and upgraded pursuant to the antenna and equipment facility design and location preferences contained within Section 18.47.060(A)(9) to the satisfaction of the director of community development.

9.

Except as provided within Section 18.47.040 (Prohibited locations) or the applicant's failure to comply with the provisions listed below, wireless telecommunication facilities may be developed or expanded on any building, structure, object, property, site, or landscape designated eligible or listed on any local, state or national register as an historic landmark subject to compliance the following requirements:

1)

The wireless provider shall completely eliminate all exterior, ground level, visibility for all new and existing wireless telecommunication facility antennas and infrastructure (regardless if they belong to the same wireless provider or not) that currently exist on the eligible or designated historic landmark, in compliance with the provisions of this chapter;

2)

Mono-poles and mono-trees shall not be constructed on any property that is occupied with an eligible or designated historic landmark. In addition, any existing mono-poles or mono-trees located on a property that is occupied with an eligible or designated historic landmark shall be removed, regardless if they belong to the same wireless provider or not.

3)

New and existing wireless telecommunication facility antennas and infrastructure will not be physically attached to the exterior facade of an eligible or designated historic landmark building, structure or object.

4)

The placement of any wireless telecommunication facility antennas and infrastructure shall not result in the removal, reconstruction or modification to any significant, original, character defining feature(s) associated with the eligible or designated historic landmark. Likewise, no new or speculative architectural/design features shall be incorporated with the eligible or designated historic landmark as part of a wireless telecommunication facility installation.

5)

Approval of a certificate of appropriateness (instead of a development review) application by the Historic Resources Commission to ensure that the design of the new and/or re-located wireless telecommunication facility antennas and infrastructure does not degrade the historic integrity of the designated or eligible historic landmark resource by violating any of the Secretary of the Interior's Standards and/or disqualify the eligible or designated historic landmark resource from any local, state or federal listing as a eligible or designated historic landmark.

(Ord. No. 2918, § 1, 2-10-09)

All new and expanded wireless telecommunication facilities are prohibited in the following locations:

A.

On any property located within the H-R (Hillside Residential), R-E (Single-Family Residential Estate), or R-1 (Single-Family Residential) zone, unless owned by the city of Whittier.

B.

Property within or abutting a designated scenic corridor. However, with the approval of a conditional use permit, co-location on an existing building or structure may be considered.

(Ord. No. 2918, § 1, 2-10-09; Ord. No. 2949, § 2, 2-23-10)

All applications for wireless telecommunication facilities shall be accompanied with the following:

A.

The appropriate development application fees.

B.

A radius map and a certified list of the names and addresses of all property owners within three hundred feet of the exterior boundaries of the property involved, as shown on the latest assessment roll from the Los Angeles County Assessor, if the facility is subject to the approval of a conditional use permit.

C.

A legal description of the property where the wireless telecommunication facility or co-location is to be installed.

D.

A fully dimensioned and scaled site plan containing the following information:

1.

The location of all on-site buildings, property lines, parking facilities, landscape planters, perimeter fencing and existing on-site wireless telecommunication facilities, if any.

2.

The location and distance of the proposed wireless telecommunication facility antennas and supporting equipment from all adjacent property lines and on-site buildings.

3.

The identification of all adjacent land uses surrounding the proposed wireless telecommunication facility.

4.

The distance between the proposed wireless telecommunication facility and any buildings on the immediate, contiguous, surrounding properties.

5.

The size and area of all new and existing on-site cellular antennas, equipment cabinets and infrastructure used to operate the wireless telecommunication facility.

6.

Spot or contour elevations on the property to demonstrate any grade changes.

7.

All proposed on-site grading and drainage modifications.

8.

The public right-of-way widths and improvements adjacent to the property on which the telecommunication facility will be located.

9.

All future, on-site, wireless telecommunication facility antennas and operating equipment, if known.

E.

A landscape plan illustrating the following information shall be provided unless, in the opinion the director of community development, no landscaping will be impacted:

1.

The location of all existing on-site landscape planters that will be created, modified or eliminated as part of the proposed wireless telecommunication facility.

2.

All proposed or modified on-site landscaping and irrigation. The size and species of all new and existing on-site landscaping material shall be clearly identified on the plans.

3.

The total area and percentage of on-site landscaping on the property before and after the installation of the wireless telecommunication facility.

4.

The location, height and type of all new and existing, on-site, perimeter fencing and telecommunication equipment enclosures.

F.

Fully dimensioned elevations of all telecommunication facility equipment including:

1.

The height of the antennas from finished grade.

2.

All proposed building materials and colors of the telecommunications facility and ancillary equipment.

3.

Construction details of the location and placement of the cellular antennas when placed on or within a pole, building or other structure.

G.

A balloon or other physical representation of the maximum height of the proposed wireless telecommunications facility antennas shall be provided at the project location for a minimum of one week prior to any required public hearing for the facility to enable the planning commission or approval authority

to assess the aesthetic impacts to the surrounding land uses and public rights-of-way of the proposed antenna height. This requirement may be waived by the director of community development, whenever deemed appropriate.

H.

A propagation map illustrating the existing coverage and the proposed new coverage the wireless telecommunication facility will cover.

I.

Photographs of the project site, taken from the adjacent public right(s)-of-way, from the surrounding properties and on the property on which telecommunication facility is located, with a corresponding location map key documenting where each photograph was taken.

J.

A computer photo simulation of the proposed wireless telecommunication facility and supporting cellular equipment cabinets and infrastructure in context with its existing surroundings. All computer photo simulations shall include at least one image from all adjacent public right(s)-of-way(s) when deemed necessary by the director of community development.

K.

If any wireless telecommunication facility equipment is located above ground (not within a building) and less than one hundred fifty feet to a residential property line, an independent acoustical engineer, deemed acceptable to the director of community development, shall prepare noise study to verify that any noise generated by the telecommunication facility equipment will not violate the city's noise ordinance to the interior and exterior of a residential unit.

L.

A radio-frequency (RF) study shall be prepared by a qualified, independent, RF engineer, deemed acceptable by the director of community development, documenting that the new or modified telecommunications facility will not exceed maximum RF emission limits, as set by the Federal Communication Commission, for maximum human exposure. RF studies shall include all proposed and existing telecommunication antennas on the same property, at maximum operational capacity.

M.

A narrative explaining why the applicant chose the project location for a wireless telecommunication facility and how the proposed facility fits into the applicant's telecommunications network. This submission requirement does not require disclosure of confidential business information.

N.

A PMS color and material sample board of all materials and colors proposed for the wireless telecommunication facility.

O.

Any additional information deemed necessary by the director of community development to evaluate the proposed telecommunication facility's operational and aesthetic characteristics.

P.

If a new wireless telecommunication facility is not to be co-located with another such facility, provide a written explanation of why co-location is not possible or the reason co-location has/is being rejected.

(Ord. No. 2918, § 1, 2-10-09; Ord. No. 2932, § 8, 8-11-09)

18.47.060 - Development standards.

A.

General Requirements:

1.

No wireless telecommunication facility shall interfere with any existing or new emergency communication system at any time.

All wireless telecommunication facilities shall comply with all Federal Communication Act provisions.

3.

In no case shall any part of a wireless telecommunications facility create any physical or visual hazards to pedestrian and vehicular circulation on public or private property.

4.

No telecommunication facility shall reduce the requisite number of off-street parking spaces below that required for the property on which it is developed.

5.

No wireless telecommunications facility shall interfere with the normal operation of the existing land use(s) on the property hosting the wireless telecommunications facility.

6.

Prior to the issuance of any building permits for any new, modified or expanded wireless telecommunication facility on private property, the property owner shall comply with the provisions contained within Section 18.62 of the city's nonconforming ordinance.

7.

All wireless telecommunication facilities shall comply with the city's noise ordinance at all times.

8.

All wireless telecommunication facilities shall be singularly and collectively (if multiple cellular operators exist on a single structure or property) be designed to ensure that the maximum Electro Magnetic Radiation exposure limits for human health does not exceed the Federal Communication Commission's maximum health human exposure limits. Prior to any discretionary permit approval for a new or expanded wireless telecommunication facility, a radio-frequency (RF) report shall be prepared by a qualified, independent, RF engineer, acceptable to the director of community development, to document compliance.

9.

All wireless telecommunication facilities shall be stealthed to eliminate or substantially reduce their visual and aesthetic impacts from the surrounding public rights-of-way and adjacent properties. To accomplish this goal, all wireless telecommunication facility antennas and supporting equipment shall be developed with the intent of locating and designing such facilities in the following manner and order of preference (from top to bottom).

a.

Antennas:

i)

Architecturally integrated within the internal framework of a building or structure whether existing, proposed, or as a building addition, so as to be completely obscured and non-visible from any public view.

ii)

Located on the rooftop of a building and situated entirely below or internally within the building parapet wall so as to be entirely stealthed from any public view on the ground.

iii)

Architecturally integrated within the internal framework of a new (functional or non-function) freestanding structure (i.e., a clock tower, water tower, freestanding sign, flag pole, cultural monument, etc.) that is compatible with the bulk, mass, scale and height of the surrounding buildings, structures or environmental features and does not eliminate any required on-site parking, landscaping or create the need for a setback variance.

iv)

Mounted to an existing building/structure whereby the antennas are placed on the building or structure in such a manner so as to act as a decorative architectural feature of the building/structure it is located on.

v)

On a "mono-tree" that is surrounded by a grove of living trees that have or will attain a future height (within fifteen years) that is generally comparable to the freestanding "mono-tree." Within a natural setting (i.e., a park, undeveloped hillside etc.) a "mono-rock" or faux rock outcropping may be considered when the topography or geology of the site has similar natural features. When a wireless telecommunication facility is located within a public park or along the Greenway Trail, a mono-tree shall be the primary design preference.

vi)

On a "mono-pole" that is substantially screened from all public rights-of-way by a building, structure or object of a similar height and mass.

b.

Telecommunication Facility Equipment:

i)

Within an underground equipment vault.

ii)

Incorporated inside of an existing or new building/structure or located entirely below a building roof parapet wall so as to be completely screened from public view on the ground.

iii)

Ground mounted in a non-obtrusive location and enclosed by a decorative wall (not exceeding six feet high) or with another high quality screening material. Screen walls composed of chain-link, wood, metal or wire mesh are prohibited.

c.

Site Selection Preferences:

i)

On any city owned parcel of property.

ii)

Co-located with an existing telecommunications facility or at a pre-approved location by the city of Whittier as part of a master plan of development for a wireless telecommunication facility provider in the city.

iii)

In an industrial zone;

iv)

In a commercial zone;

v)

In a mixed-use development or building within a planned community or specific plan;

vi)

Within a multi-family residential zone;

B.

Development Criteria:

1.

Setbacks.

a.

All wireless telecommunication facilities (including all antennas and related accessory equipment cabinet(s)) shall meet all front, side and rear yard setback requirements of the zoning classification it is located in, except as identified otherwise within this chapter. However, the approval authority may designate greater setbacks so long as it does not disrupt the reception or transmission of wireless telecommunication signals.

b.

Wireless telecommunication equipment cabinets may be located within any side or rear yard setback, if located entirely below ground, within a vault.

c.

There shall be no new freestanding mono-poles or mono-trees located within a seven hundred fifty-foot radius of another such facility that is of the same general design or faux tree type, except on property owned by the city of Whittier. The approval authority many deem a lesser distance appropriate to avoid a coverage gap in a wireless telecommunication provider's system.

2.

Building or Structure Height.

a.

The maximum height for a new freestanding building or structure designed to accommodate a wireless telecommunication facility shall not exceed the maximum building height limit for the zoning classification of the property it is development on or seventy feet, which ever is less. In instances where the maximum building height for the zoning classification is less than seventy feet, the approval of a conditional use permit shall be required to enable a wireless telecommunication facility to be constructed up to seventy feet high. The maximum building height shall include all architectural features located above the actual placement of the wireless antennas. Additional building or structure height may be considered with the approval of a variance subject to meeting all of the following provisions:

i)

It can be documented by a qualified, independent, RF engineer that there is no feasible alternative location or design that would allow the telecommunication facility to comply with the maximum building height limit without adversely impacting the ability of the wireless provider to receive and send communication signals. Alternatively, additional building height is necessary to be able to co-locate on an existing wireless telecommunication facility without interfering with the communication signals from an existing wireless provider.

ii)

There are exceptional circumstances such as topography, existing vegetation or structures that require the telecommunication facility to exceed the underlying zoning classifications maximum building height limit.

b.

Wireless telecommunication facilities employing mono-poles or mono-trees over forty feet in height shall be located within the rear one-half of the property, unless constructed on public property owned by the city of Whittier. In such case, the exact location shall be determined by the city's approval authority.

3.

Lot Coverage. All freestanding, ground-mounted, wireless telecommunication facilities, including any related above-ground telecommunication equipment cabinet(s), shall be counted towards the maximum

allowable lot coverage for the property the wireless telecommunication facility is developed on.

4.

Landscaping. All wireless telecommunications facilities and related cellular equipment structures, vaults, and cabinets shall be surrounded by a minimum five-foot-wide, irrigated, landscape planter that is maintained in good condition at all times.

5.

Fencing. All ground mounted wireless telecommunication facility equipment (except that located within an underground vault) shall be enclosed by a decorative block wall or other material deemed acceptable to the director of community development. In no case shall the decorative wall or fencing material exceed seven feet high.

6.

Signage.

a.

There shall be no on-site advertising or signage on any portion of a wireless telecommunication facility except that required by law, identified within this chapter and/or required by the city of Whittier.

b.

Health and safety signage shall be conspicuously posted in locations near all access points into a wireless telecommunication facility that identify the minimum distance that should be maintained from all cellular antennas and equipment that have RF or electromagnetic radiation emissions.

c.

A contact person and valid emergency phone number of the wireless telecommunication facility provider shall be conspicuously posted and kept current on wireless telecommunication facilities.

7.

Lighting. No wireless telecommunication facility structure may be illuminated unless specifically required to do so by any applicable governmental agency that has regulatory authority over telecommunication facilities.

(Ord. No. 2918, § 1, 2-10-09)

The following general design standards shall be considered for regulating the location, design, and general aesthetics of all wireless telecommunication facilities:

A.

Visual Impact.

1.

All wireless telecommunication facilities shall be stealthed to eliminate or reduce their visual and aesthetic impacts from the surrounding public right(s)-of-way and adjacent properties. Where feasible and appropriate, all colors and designs shall be integrated and compatible with the surrounding on-site buildings.

2.

No wireless telecommunication facility shall have a bright, shiny or reflective finish. All facilities shall be finished in a color to neutralize it and blend it with, rather than contrast it from, the sky and the on-site improvements immediately surrounding the facility.

3.

In developing a wireless telecommunications facility, screening of the facility must take into account the existing improvements or natural features on or adjacent to the site including all landscaping, walls, fences, berms or other specially designed devices which preclude or minimize the visibility of the

telecommunications facility and the grade of the site, as related to the surrounding grades of properties and public rights-of-way.

4.

Compatible with the general mass and scale of any/all on-site and off-site buildings, poles and structures immediately surrounding the wireless telecommunications facility.

5.

All new or modified wireless telecommunications facilities shall be designed, whenever possible, to accommodate for the potential co-location of at least one additional wireless carrier on-site.

6.

All ground mounted wireless telecommunication facility structures, equipment and other infrastructure shall be treated with an anti-graffiti material coating, where appropriate.

7.

When a mono-tree is proposed as part of a wireless telecommunication facility, the selection of the type of mono-tree shall be based on the existing or proposed type and size of trees on the site it is being developed on. Such mono-trees shall be placed within a grove or windrow of similar living trees that will have a complementary height and appearance at maturity.

8.

When possible, the maximum tree branch/frown density shall be used and incorporated within the design of all mono-trees for antenna stealthing purposes. In addition, all cellular antennas mounted to a mono-tree shall incorporate the use of "sock covers" (except on mono-palms) over each antenna to simulate tree branches/leaves/needles etc. for additional stealthing.

Any technological stealthing improvements or upgrades that can be made to an existing telecommunication facility shall be made upon the modification or expansion of an existing facility, including ground mounted equipment.

10.

The use of microwave antennas are discouraged on all wireless telecommunication facilities when not completely stealthed from the public right-of-way.

B.

Landscaping.

1.

All new landscaping planted in conjunction with a wireless telecommunication facility shall be strategically placed around the facility so as to screen the infrastructure from public view.

2.

Landscaping shall be compatible with the surrounding landscaping and shall be of a type and variety capable of screening portions of any ground mounted wireless telecommunication facility equipment and infrastructure.

3.

Unity of design shall be achieved by repetition of certain plant varieties and other materials, and by coordination with adjacent landscaping, where appropriate.

4.

Landscape groupings shall be of a compatible type and size.

5.

All new trees planted in conjunction with a wireless telecommunications facility shall be a minimum of thirty-six-inch box in size. All landscape shrubby shall be a minimum of fifteen-gallon in size, when planted. For Palm Trees, each tree shall have a minimum twelve to fifteen-foot brown trunk height at the time of planting.

6.

All new landscaping shall be properly irrigated and maintained in good condition at all times. Any dead or dying vegetation or trees shall be removed and replaced by the wireless telecommunications facility operator within fourteen days of discovery or upon being notified by the property owner or the city of Whittier.

C.

Fencing.

1.

Fences and walls shall be built with attractive, durable, materials including but not limited to: brick, wrought iron, tubular steel, textured concrete block, stucco walls with a decorative top cap, or "woodcrete" fencing etc.

2.

Chain-link, natural wood, plexi-glass, and corrugated metal fencing are specifically prohibited as part of any fencing palette for any wireless telecommunication facility.

3.

All decorative walls, wrought iron fences and other high quality wall/fencing materials shall be consistent with the materials and designs used throughout the project.

(Ord. No. 2918, § 1, 2-10-09)

A.

Wireless telecommunications facilities shall be maintained on a regular basis. All maintenance associated with a wireless telecommunication facility shall be performed between the hours of 7:00 a.m. and 8:00 p.m., Monday through Saturday. In the event of an emergency in which normal maintenance of the wireless telecommunications facility can not be performed, the wireless provider shall be exempt from this requirement, but shall notify the director of community development within forty-eight hours of the emergency. The emergency situation will temporarily modify these maintenance guidelines until said emergency has been mitigated or resolved.

B.

The operator of any wireless telecommunications facility shall provide and maintain at all times proof of California Public Utilities Commission (PUC) and the Federal Communication Commission (FCC) certification to operate each and every one their facilities in the city of Whittier.

C.

It shall be the joint and individual responsibility of the wireless operator and the property owner to remove/repair any graffiti or vandalism found with a wireless telecommunication facility within seventy-two hours of its discovery.

(Ord. No. 2918, § 1, 2-10-09)

All future, anticipated, wireless telecommunication facilities that are to be built by a single wireless provider for their network that are pre-approved simultaneously under one conditional use permit, as part of a

comprehensive master plan of telecommunication facilities on one or more properties within the city, and in accordance with the requirements of this chapter, may be constructed without a time limit or the need to obtain any supplemental conditional use permit approvals. However, all pre-approved wireless telecommunication facilities shall be designed and constructed in substantial compliance with the approved master plan, as determined by the director of community development.

(Ord. No. 2918, § 1, 2-10-09)

18.47.100 - Lease agreements for wireless telecommunication facilities.

A.

All leases on private property shall be non-exclusive. In addition, the operator of a wireless telecommunication facility located on public or private property shall make all supporting telecommunication structure(s) of the facility available to any other licensed wireless telecommunication facility provider wishing to co-locate, to the extent technically feasible.

B.

Wireless telecommunication facilities located on any city owned property, right-of-way, city easement, or structure shall be subject to lease agreement with the city of Whittier specifying the use of the property, required maintenance and repair, reimbursements to the city for costs associated with the proposed use, and such other terms as the city may require. Applicants shall also agree to indemnify, hold harmless, and defend the city from any liability arising out of its approval to allow for the construction and operation of a wireless telecommunication facility. The telecommunications facility provider shall also provide the city with a certificate of insurance (for general commercial liability) for an amount, as required by the city manager, naming the city as an additional insured. The insurance shall be placed with a company satisfactory to the city manager.

(Ord. No. 2918, § 1, 2-10-09)

18.47.110 - Required findings for all wireless telecommunication facilities, demonstration of burden of proof and appeals.

A.

Instead of the findings contained within Section 18.52.040(B) of the Whittier Municipal Code, the following findings are required for every wireless telecommunications facility approved within the city of Whittier. In all cases, the applicant shall have the burden of proof to show, by relevant evidence, the existence of facts which support the conclusion that the standards, as set forth in this section, are met:

1.

The property hosting the wireless telecommunication facility is of adequate size, shape and topography to support the development of the facility without the need for any variances;

2.

The wireless telecommunications facility will not interfere or disrupt the communication reception and transmission of any public or private entity.

3.

The telecommunications facility will comply with the provisions of this chapter and all other applicable city, state and federal regulations.

B.

Any decision to deny a request to place, construct or modify a wireless telecommunication facility shall be supported by evidence contained in a written record documenting why the wireless telecommunication facility cannot be approved, as detailed within Section 18.52.100 of the Whittier Municipal Code.

C.

Any request to appeal a decision to approve or deny a telecommunication facility shall comply with the requirements contained within Section 18.52.120 and 18.52.130 of the Whittier Municipal Code.

(Ord. No. 2918, § 1, 2-10-09)

18.47.120 - Removal of wireless telecommunication facilities.

A.

Discontinued use. The operator of a lawfully erected wireless telecommunications facility and the owner of the premises upon which it is located on shall notify, in writing, within fifteen days, the director of community development documenting when the wireless telecommunication facility was temporarily or permanently discontinued. In the event that the discontinued use of a wireless telecommunications facility is permanent, the private property owner and/or wireless provider shall obtain a demolition permit to promptly remove the facility, repair any/all on-site damage to the premises and restore the site to its original condition, consistent with the Whittier Municipal Code. All such removal, repair and restoration shall be completed within sixty days after the use is permanently discontinued, and shall be performed in accordance with all applicable health and safety code requirements to the satisfaction of the director of community development.

B.

Abandonment. Any wireless telecommunication facility that is inoperative or unused for a period of one hundred eighty consecutive calendar days shall be deemed "abandoned." It shall be the joint and individual responsibility of the wireless provider and the property owner to give written notice to the director of community development within fifteen days after abandonment. Thereafter, an abandoned facility shall be deemed a public nuisance and shall be completely removed from the property on which the wireless telecommunication facility is located. The wireless telecommunication provider and private property owner hosting the facility shall be responsible for one hundred percent reimbursement to the city of Whittier for any/all costs associated with the removal of the telecommunications facility by the city, if necessary. If the facility is located on public property, the telecommunication facility provider shall be solely responsible for

all costs associated with the removal of the facility and the restoration of the public property or easement to the satisfaction of the director of community development.

(Ord. No. 2918, § 1, 2-10-09)

In the event the mayor or city manager declares a state of emergency or disaster in the city of Whittier, the director of community development may exempt wireless telecommunication facilities from any or all of the requirements contained in this chapter during the duration of such emergency or disaster.

(Ord. No. 2918, § 1, 2-10-09)

Chapter 18.48 - OFF-STREET PARKING

A.

Off-street parking facilities for automobiles and bicycles, and vehicular loading spaces shall be deemed to be accessory uses in each zone established pursuant to this chapter. Every use permitted in each zone shall be provided with permanently maintained off-street parking facilities and vehicular loading spaces, in accordance with the provisions of this chapter.

B.

Off-street parking facilities including, but not limited to, all landscaping, irrigation, paved surfaces, striping, signage, pavement markings, etc. contained therein shall be maintained in good condition and repair at all times.

(Ord. 2865 § 2, 2005: prior code § 9340)

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

A.

Required on-site parking for each parcel shall be based on each on-site land-use conducted on the parcel.

B.

The off-street parking spaces required for each use permitted by this title shall not be less than the requirements identified in subsection 18.48.020(E), except as provided in subsections 18.48.020(C) and 18.48.020(D).

C.

Adaptive Reuse of Historic Designated or Eligible Residential Buildings. For adaptive reuse of a historic designated or eligible residential building, if the building is not being expanded in area by square footage,

the existing parking spaces may remain. The parking otherwise required for an expanded portion of a designated or eligible historic building may be reduced by a maximum of twenty-five percent of the required parking spaces for the expanded portion.

D.

Except as necessary to comply with requirements to provide spaces for electric vehicle supply equipment or parking spaces that are accessible to persons with disabilities, the following minimum automobile parking standards apply.

1.

For sites located within one-half mile of a major transit stop as defined in Section 21155 of the Public Resources Code, at the time the application is deemed complete, no parking is required, except:

a.

Event centers shall provide parking for employees and other workers.

b.

Development projects where any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging (except where a portion of a housing development project is designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code) shall provide parking in accordance with the minimum parking requirements of subsection B.

c.

Development projects for which the city finds, based on a preponderance of the evidence in the record, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact on any of the following:

i.

The city's ability to meet its share of the regional housing need in accordance with Section 65584 for lowand very low-income households.

ii.

The city's ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to paragraph (7) of subdivision (a) of Section 65583.

iii.

Existing residential or commercial parking within one-half mile of the housing development project.

d.

Subsection (C) above shall not apply for the following projects:

i.

Housing development projects that dedicate a minimum of twenty percent of the total number of housing units to very low, low-, or moderate-income households, students, the elderly, or persons with disabilities.

ii.

Housing development projects that contain fewer than twenty housing units.

iii.

Housing development projects subject to parking reductions based on the provisions of any other applicable state law.

2.

For sites located more than one-half mile from a major transit stop as defined in Section 21155 of the Public Resources Code, the number of parking spaces shall be the minimum provided for each new use as identified in subsection 18.48.020(E) Off-Street Parking Schedule.

E.

Off-Street Parking Schedule.

5. Non-residential uses that cannot provide their required number of on-site parking spaces within a shared parking lot may submit a parking study, prepared by a California licensed traffic engineer, to justify that the reduced on-site parking for the use will not adversely impact the overall demand for on-site parking within the shared parking lot. The approval authority shall have the ability to accept, reject or modify the recommended number of on-site parking spaces, upon consultation with the city traffic engineer.

6. Parking standards for developments located within the Uptown Whittier Specific Plan area shall be as set forth in the specific plan, unless specified otherwise therein.

7. The number of accessible on-site parking stalls for all developments within the city of Whittier shall be determined based on Title 24 of the California Code of Regulations, as related to access by the disabled.

• Including existing hotels and motels with certificates of occupancy dated prior to March 1, 2019.

(Ord. 2899 § 1, 2007: Ord. 2887 § 3, 2007: Ord. 2865 § 3, 2005: Ord. 2787 § 2, 2001; Ord. 2748 §§ 26—30, 1999; Ord. 2518 § 7 (part), 1990; Ord. 2515 § 3 (part), 1990; Ord. 2423 § 11, 1987; Ord. 2411 §§ 4, 5, 1987; prior code § 9341)

(Ord. No. 2938, § 3, 10-27-09; Ord. No. 2950, § 2, 2-23-10; Ord. No. 3068, § 7, 6-13-17; Ord. No. 3099, § 3, 5-28-19; Ord. No. 3116, § 14, 5-26-20; Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.48.030 - Mixed occupancy requirements.

In the case of mixed uses in a building or on a lot, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other, except as specified in this chapter for joint use.

(Prior code § 9342)

18.48.040 - Joint uses authorized when.

The director, upon application by the owner or lessee of any property, shall authorize the joint use of parking facilities by the following uses or activities under the conditions specified in this chapter:

A.

The parking facilities required by this chapter for a use which is nonresidential and is primarily a daytime use may be provided by the parking facilities of a use which is primarily a nighttime and/or Sunday use and vice versa, provided such reciprocal parking shall be subject to conditions set forth in subsection B of this section.

B.

Conditions Required for Joint Use.

1.

The outer boundaries of the properties upon which the uses are proposed, to which the application relates, shall be located within one hundred fifty feet of each other.

2.

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

3.

Schools and churches may be permitted to have up to eighty percent of their required on-site parking located on an off-site parking lot, through a joint use parking agreement, subject to the approval of the director of community development.

4.

Parties concerned with the joint use of off-street parking facilities shall evidence agreement for such joint use by a legal instrument approved by the city attorney as to form and content. Such instrument, when approved, shall be recorded in the office of the county recorder and copies thereof filed with the community development department.

(Ord. 2865 §§ 4—5, 2005; prior code § 9343)

The plans for any proposed parking area shall be submitted to the department of building and safety at the time of the application for the building permit for the building for which such parking facilities are necessary. The plans shall clearly indicate the proposed development, including location, size, shape, designs, curb cuts, lighting, landscaping and other features and appurtenances of the proposed parking lot.

(Prior code § 9344)

18.48.060 - Loading spaces.

All uses located in non-residential zones, except for office uses, shall have and maintain vehicular loading spaces and areas as follows:

A.

For non-residential developments in centers which are on sites of less than one acre in size each loading space shall be a minimum of twelve feet in width and twenty-five feet in depth. For all other developments, each required loading space shall be a minimum of twelve feet in width and a minimum of forty feet in length. All loading spaces shall have an unobstructed vertical clearance of not less than fourteen feet and all loading spaces shall be readily accessible from a street or alley.

B.

The minimum loading areas which shall be provided for each C and M use shall be as follows:

1.

Not less than two hundred fifty square feet where the net floor area of all buildings on the lot is not more than twenty thousand square feet;

2.

Not less than five hundred square feet where the net floor area of all buildings on the lot is more than twenty thousand square feet and not more than fifty thousand square feet;

3.

Not less than seven hundred fifty square feet where the net floor area of all buildings on the lot exceeds fifty thousand square feet.

(Ord. 2865 §§ 6—7, 2005; Ord. 2515 § 3, 1990; prior code § 9345)

A.

Size. Each off-street parking space shall have open and unobstructed dimensions as follows:

Non-Residential. Full-size parking spaces shall have a depth of not less than nineteen feet and a width of not less than nine feet;

2.

Residential. Full-sized parking spaces shall have a depth of not less than twenty feet and a width of not less than ten feet. The parking space dimensions should not include the thickness of exterior walls, interior separation walls, etc. when located inside a garage, carport, or similar structure.

a.

Residential surface parking space (unenclosed) may be a minimum of nine feet by nineteen feet (with twofoot overhang).

3.

Parking provided in tandem is only allowed with mixed-use and residential developments.

a.

Tandem parking shall be a minimum of nine feet by thirty-six feet (unenclosed) and ten feet by forty feet (enclosed).

B.

Location of Off-Site Parking Facilities. Off-street parking facilities shall be located on the same lot as the principal use served, except:

1.

For any commercial or manufacturing use, if the same is located upon a lot classified in any C or M zone, or zones MU, MED, INV, and GC as otherwise noted, located within five hundred feet of the outer boundaries of the lot upon which the principal use is located;

2.

For any joint-use parking facility allowed pursuant to Section 18.48.040.

C.

Location of On-Site Parking Facilities.

1.

On-site off-street parking facilities shall be located on a lot, only as follows:

a.

On any portion of any lot where a main building may be placed, except the same shall not be located within fifty feet of the front lot line on any R-2, R-3, R-4, or R-5-zoned lot unless:

i.

Such facilities are located within a building which has a closable garage door for each off-street parking space located therein, or

ii.

Each such off-street parking space is oriented and screened so that the interior thereof is not directly visible from an abutting street,

b.

In required rear yard areas when there is no alley abutting such lot, and

c.

In that portion of required side yard areas on interior lots within twenty-five feet of the rear lot line or abutting the rear property line or the rear one-third of the side property line of an R-zoned lot, if such parking facilities are not within a building, and

d.

Where the turnaround or backup space for a parking space is a driveway accessing a major arterial or secondary street, such parking space shall be set back from the street right-of-way line a minimum of fifteen feet; and

e.

Where a driveway serves only one dwelling (in addition to any "Secondary Dwelling Unit" or "Accessory Dwelling Unit" on the premises), the required, uncovered, on-site parking (including any guest parking space(s)) may be provided on the driveway serving the dwelling unit(s) and may include up to two tandem parking spaces. Operable vehicle(s) in good repair may be parked within the front yard setback on the driveway.

2.

Off-street parking facilities required on lots classified in the R-E and R-1 zones shall provide a minimum of two non-tandem parking spaces within a garage. Additional on-site parking spaces may be developed in tandem on the property.

a.

Off-street parking facilities required on lots classified in the R-2 zone shall be located within a garage, except for required guest spaces.

b.

Covered, partially enclosed parking spaces for commercial uses that are subject to a discretionary permit, shall be provided with security closures.

3.

Not less than two-thirds of the off-street parking facilities required on lots classified in zones R-3, R-4, and R-5 shall be located in garages or carports.

a.

The approval authority or the director of community development shall have the ability to permit an above or below ground covered parking structure instead of a garage or carport to shelter required parking spaces within a multi-family development when it is deemed necessary for the sole purpose of meeting the minimum required on-site density for the development.

4.

Non-Residential Developments

a.

Large expanses of uninterrupted parking should be avoided; well-distributed smaller lots and structured parking are preferable.

b.

Surface parking areas should be located to the side and rear of buildings. Parking lots and structures shall not be located adjacent to parks, courtyards, or plazas, and should not be located at the intersection of two property lines that abut the intersection of two streets.

D.

Access Driveways.

1.

Width. Driveways serving parking areas for less than five vehicles shall be a minimum of ten feet wide. Driveways serving parking areas for five or more vehicles shall be a minimum of twelve feet wide. Where both egress and ingress are provided on a single driveway, the minimum width shall be twenty feet. Parking areas with spaces for thirty or more vehicles shall be provided with separate driveways for ingress and egress, each of which shall be not less than twelve feet in width. In no event shall driveways cover more than thirty-three and one-third of the total lot width. "Dead end" vehicular drive aisles shall be avoided to the greatest extent possible.

a.

Throats. Curbed entrance "throats" shall be provided to prevent stacking of vehicles in public streets at all points of vehicular ingress to non-residential developments. Parking facilities with less than three hundred on-site parking spaces shall provide a thirty linear foot "throat," as measured from the property line. Parking

facilities with over three hundred on-site parking spaces shall provide a sixty linear foot "throat," as measured from the property line.

The approval authority or the director of community development may, on the basis of land use, estimated traffic generation, existing traffic volumes, vehicle delay, and accident rates have the authority to require longer "throats" upon consultation with the city traffic engineer.

b.

Residential.

i.

Single-Family Dwellings. Driveways serving lots with one single-family dwelling, and authorized secondary and accessory units, shall be a minimum of ten feet wide. The maximum width of a driveway in the front of a lot shall not exceed one-third of the width of the lot, or twenty-four feet, whichever is the lesser, provided that no such driveway serving a two-car garage located on the front of the lot shall be required to be less than twenty feet in width, within twenty feet of the face of the garage entrance.

ii.

Two or More Dwellings. Driveways for projects of two or more dwelling units, serving five or less parking spaces, shall be a minimum of twelve feet wide. Driveways serving six or more parking spaces shall be a minimum of eighteen feet wide and shall not be wider than one-third of the width of the lot or twenty-four feet, whichever is the lesser.

iii.

Any driveway which is over one hundred feet in length shall not be less than fifteen feet in width.

iv.

Walkways. Walkways from the street to the entry of a dwelling, shall not exceed an average of six feet in width within the required front yard area and the total combined width of the driveway and walkway shall not exceed forty percent of the width of the lot within the front yard and such walkways shall be separated from a driveway by a raised curb, or a landscaped area not less than three feet wide, to prevent use of the walkway for parking.

v.

Circular Driveways. Circular driveways shall meet the minimum requirements illustrated below and shall be reviewed and approved by the city's public works department for all new curb cuts.

(A)

Circular driveways are only permitted for lots that are a minimum of one hundred-foot wide; and

(B)

The combined width of the driveways shall not exceed twenty-four feet. The minimum driveway width for R-E and R-1 zones is ten feet. The driveway(s) width shall be measured at its widest point within the front yard setback.

==> picture [216 x 213] intentionally omitted <==

c.

Non-residential. Two-way drive aisles that are not adjacent to on-site parking stalls shall be a minimum of twenty-six feet in width. For one-way drive aisles, the minimum width shall be fourteen feet. A minimum of a twenty-six (or twenty-five) foot drive aisle is required for two-way traffic. See Appendix "B".

d.

Maximum Width. In no event shall driveways cover more than thirty-three and one-third percent of the total lot width, except for residential circular driveways.

2.

Location. The location of access driveways shall be as follows:

a.

On properties which are served by an alley, access to parking spaces shall be from the alley, unless there are physical conditions which make it impractical to access the parking from the alley.

b.

Where there is an existing driveway from the street and the majority of the lots on the block do not have driveways from the street and new construction results in the parking being provided from an alley, such existing driveway and drive approach shall be removed and replaced with full height curb, gutter and sidewalk. The development review authority may waive this requirement where such driveway is found to be compatible with the development of adjacent properties.

c.

Driveways serving garages on the front fifty feet of a lot shall be separated from side property lines by a landscaped area not less than three feet wide

d.

Driveway setbacks shall be a minimum of five feet from adjoining properties, and a minimum of three feet from adjacent buildings.

3.

Joint Use. Joint use driveways are strongly encouraged at the time of development and/or redevelopment of any commercial or manufacturing site in order to reduce the conflict to a smooth flow of traffic on major arterial, secondary highway or other roadway identified in the circulation element within the city. When joint use driveways are utilized, they shall be located and constructed in such a manner as to provide safe and convenient access to the site. Reciprocal access, parking and maintenance agreements shall be required on forms approved by the city attorney and maintained on file with the city. Driveways on properties other than commercial and manufacturing developments, used in combination with abutting properties shall be allowed when proper easements or agreements, approved as to form by the city attorney, have been executed and filed with the city;

4.

Clearance. All driveways shall be maintained with a vertical clearance of not less than twelve feet. No encroachment of any type, including but not limited to utility meters, trash receptacles, power poles, exterior plumbing or any other similar encroachment shall be permitted;

5.

Parking in Driveways.

a.

"No parking" signs and lettering not less than two inches in height shall be placed conspicuously at the entrance to, and at intervals of not less than fifty feet along each required driveway which serves parking facilities for five or more vehicles,

b.

Where a driveway serves parking facilities for five or more vehicles, no person shall park, stand or leave any vehicle in any portion of the driveway, except for the purpose of, and during the process of, loading or unloading passengers or goods;

6.

Parking Access. Access driveways which serve off-street parking facilities located on any lot shall be designed and located so that a motor vehicle may leave any such space without backing into a street which is designated, for the purposes of the city's select system, as an arterial or collector street.

All dedications and public service easements shall be provided under or immediately adjacent to new public rights-of-way or within other public easements areas acceptable to the public works director. Utility lines under buildings will not be allowed.

E.

Surfacing. All off-street parking areas, including driveways and aisles, shall be paved with concrete or asphaltic concrete pavement in accordance with adopted city standards therefor. Such surfacing shall be designed, constructed and maintained so as to dispose of all surface water in accordance with city standards therefor.

1.

Driveway entrances and main pedestrian walkways for large developments should be paved with non-slip, attractive surfaces such as interlocking unit pavers, or scored and colored concrete.

F.

Barricades. Each parking space shall be provided with a suitable concrete curb, timber barriers, or fencing designed to stop the movement of vehicles. Such curbing, barriers or fencing shall be securely installed and permanently maintained.

G.

Screening. It is the purpose of this section to provide barriers which will partially screen parking areas from adjoining streets and protect residential areas adjacent to or across the street from parking areas. Every uncovered parking or maneuvering area that is subject to a discretionary permit, which:

1.

Is located upon a lot which has a common lot line with any R-zoned lot shall be screened therefrom by a solid, view-obscuring wall six feet in height. 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 area in such R-zoned property; and

2.

Is within twenty-five feet of any property line separating the area from a street; shall have and maintain an earthen berm or a decorative, view obscuring, wall or combination thereof except where approved driveways are provided, at a precise height to be determined by the director pursuant to Section 18.50.040, not to exceed a height of sixty inches or be less than twenty-four inches, measured from top of curb on the public street or parking surface, whichever is higher, subject to the review and approval of the design review board who shall act upon the request.

H.

Lights. Suitable lighting shall be provided so as to adequately illuminate any parking area having spaces for five or more vehicles or new or used-car sales areas permitted by this title. Such lighting shall be arranged so as to reflect the light away from adjacent properties and in compliance with the following:

Mounting height of light sources for area illumination (such as parking lots and yards) should be a maximum of eighteen feet, measured from the finished grade.

2.

For pole mounted lighting at pedestrian plazas, walkways, and entry areas, a pedestrian-height fixture is recommended — twelve to fifteen feet in height from grade to light source. Thirteen feet is optimal.

3.

Lighting for uncovered parking areas, vehicle access-ways and walkways shall not exceed a height of sixteen feet, except that the maximum height on the rooftop of any parking structure located on a lot adjacent to any residential zone shall not exceed a height of eight feet.

4.

Bollard mounted lighting and step-lighting is also recommended for low-level illumination of walkways and landscaped areas.

5.

Exterior Lighting. A lighting system shall be provided in the common areas and parking areas. Such lighting shall maintain an illumination level on the ground of not less than:

a.

0.5 footcandles along walkways and open common areas,

b.

0.5 footcandles in open parking areas and driveways;

c.

I.

Entrances and Exits. The location and design of all entrances and exits to streets or alleys from off-street parking lots shall be subject to the approval of the city traffic engineer, to ensure that such will result in a minimum of interference with the traffic flow on such adjacent streets and alleys.

J.

Striping. All parking spaces shall be double striped in a manner clearly showing the layout of the intended parking stalls. Such striping, not less than three inches in width, shall be maintained in a clear, visible and orderly manner.

==> picture [216 x 222] intentionally omitted <==

K.

Signs. Where required by the city engineer for safety purposes, appropriate exit, entrance and directional signs and markings shall be installed and maintained.

L.

Maintenance and Irrigation. All parking areas shall be kept clean and free of dust, mud or trash. Parking areas shall be used only for the purpose of parking vehicles. Where landscaping is provided or required within or along parking areas, an adequate irrigation system shall be provided. For all developments, the developer shall prepare binding agreements ("CC&R's") addressing issues of common area interest in terms of maintenance of common open space, tree planter areas, planting strips, and walks.

M.

Landscaping of Parking Areas.

1.

Each parking area adjacent to a street shall be located no closer to the street than the required landscaped setback of the zone in which it is located. Said setback shall be permanently landscaped in accordance with Section 18.24.040(J);

2.

All areas within a parking lot not otherwise used as parking spaces, loading or maneuvering areas shall be permanently landscaped and maintained;

3.

Not less than ten percent of the total parking area, exclusive of required yards, shall be permanently landscaped and maintained in accordance with Section 18.24.040(J); and twenty-four-inch-box shade trees

shall be planted within the parking rows at a ratio of one tree to every five parking spaces. The placement of said trees shall be in accordance with the city landscape guidelines.

4.

All required landscaped areas shall be permanently and continuously maintained by the owner or person in the possession of such areas. Landscaped areas shall be surrounded by a minimum continuous six-inchhigh and six-inch wide solid concrete or decorative block curb;

5.

All parking spaces located adjacent to an interior property line shall have a landscape setback of not less than five feet in width, except for conditions where reciprocal parking is provided in accordance with this chapter;

6.

All parking spaces located adjacent to a building, where there are public entrances, shall be separated therefrom by a four-foot-wide sidewalk and four-foot-wide landscaped area, exclusive of allowed parking space overhang, or a combination of these with decorative planters with a drip irrigation system.

a.

For parking spaces adjacent to building walls, which are not visible from a public street, contiguous to an R zone or do not have a public entrance, the parking space shall be separated therefrom by only a five-foot wide landscaped area;

7.

In all non-residential parking facilities, a twelve-inch-wide concrete step-out with curb shall be provided within each parking lot landscape finger adjacent to a parking stall. The landscape planting area adjacent to the step-out should be a minimum of four feet wide.

==> picture [117 x 241] intentionally omitted <==

8.

Where adjacent to Whittier Boulevard, or a collector or arterial street, development must be separated from the street by a landscaped buffer strip. The landscaped buffer strip shall be:

a.

A minimum of ten feet wide that that contains trees planted at least thirty feet on-center and within five feet of the front property line.

b.

Designed to screen vehicles while maintaining building and site visibility. This may be accomplished by a complimentary mix of berms, retaining walls, rock features, natural materials, or other similar materials. Berms shall provide a maximum three to one slope with varying berm heights ranging from twenty-four to thirty-six inches in height. Any trees included in the landscape area shall be installed and maintained to ensure visibility of buildings and their signage for location and advertising purposes and visibility into the parking area for public safety purposes.

c.

A landscape plan shall be prepared by a licensed landscape architect and approved by the appropriate approval authority. The approval authority in its sole discretion, may require a wider landscape buffer strip depending upon the proposed project and the site's physical characteristics.

9.

At non-residential properties adjacent to single or multi-family residential uses, attractive screen fencing or walls shall be provided along all side and rear property line(s) to screen buildings, service areas, and parking areas. A minimum five-foot landscape area, planted with trees at a minimum spacing of twenty feet on center, shall be established adjacent to the outside face of fences, walls, and along building walls.

10.

The perimeter of parking areas and driveways adjacent to streets and sidewalks shall be screened by a tenfoot wide landscaped buffer that contains trees planted at least thirty feet on-center and within five feet of the front property line. The landscape buffer shall include a screening feature such as an attractive low wall or ornamental metal fence that is thirty-six to forty-two inches in height or by a series of bollards. The perimeter of parking areas adjacent to interior block property lines shall be screened with a low wall or fence.

11.

Surface parking lot trees and other planting shall be properly maintained under the direction of a qualified arborist and utilize generally accepted pruning standards from recognized professional organizations such as the International Society of Arboriculture (ISA).

N.

Parking Layout. Attached to this chapter as Appendix B is that document entitled "Parking Standards Chart," which contains certain charts, diagrams and standards. Parking facilities shall be constructed and maintained in accordance with the charts, diagrams and standards as set forth in Appendix B, except that the aisle width for aisles serving only small-car parking spaces may not be less than ninety degrees— twenty feet, sixty degrees—seventeen feet and forty-five degrees—thirteen feet.

O.

Open Space for Nonresidential Uses.

1.

General Rule. New nonresidential development shall provide physically delineated, usable, open space ("accessible open space") along the front of a single building or within a highly visible and easily accessible area between multiple buildings on the same property.

2.

Amount of Required Accessible Open Space. If the gross floor area of structures on the lot is:

By Building Size (Gross Floor Area)

a.

Less than ten thousand — No useable open space is required.

b.

Ten thousand to nineteen thousand nine hundred ninety-nine square feet — One thousand square feet of open space.

c.

Twenty thousand square feet and over — Five percent of total building gross floor area, up to a maximum of three thousand square feet.

3.

Requirements. The following are the requirements for useable open space:

a.

Useable open space should be accessible to all related buildings or units and remain unlocked during daylight hours.

b.

Required parking or setback areas shall not count towards the open space requirement.

c.

Open space shall be in the form of plazas, public greens, patios or squares, seating areas, the incorporation of an architectural landmark (e.g., a clock tower), or public art.

d.

Useable open space should be designed to take into consideration spatial enclosure and be defined by buildings or landscape elements on a minimum of two sides. It shall include an enhanced pedestrian system that connects to adjacent public streets and sidewalks via interior walkways. It should be designed to be visible from the street, using views into the site, tree-lined walkways, or a sequence of design elements to draw people into the space.

e.

The minimum dimensions of required open space for new development shall be twenty feet (depth and width). In instances where the proposed development has corners, angles, or other unique architectural features or the lot has an irregular configuration, the minimum depth of width dimensions of the open space area may be reduced by up to five feet, provided that the opposite dimension is increased in the same amount for the length of the modification.

f.

Accessible open space areas should contain both landscaped areas and hardscape areas.

g.

Common landscaped green and/or garden space shall comprise between seventy percent and eighty percent of the common outdoor area. The space should be centrally located to serve all related buildings or units. The space should be rectilinear with no side less than fifteen feet clear (with additional space allowance for buffer landscaping as required). Space should be seventy-five percent enclosed by buildings, low walls, low fences, or linear buffer landscaping (e.g., hedges or rows of trees) and not be bordered by streets or surface parking areas on more than one side.

h.

Common hardscape should comprise between twenty percent and thirty percent of common outdoor area. Common roof deck space may count towards this provision. Material selected for hardscape areas should be both functional and attractive, i.e. unit pavers or gravel. Hardscape space shall be connected directly to landscaped areas by stairs, walks, and/or ramps where necessary.

P.

Pedestrian Access and Access to Transit.

1.

Pedestrian walkways shall connect major building entries and transit stops with the public sidewalk along the street. Connecting walkways shall be at least four feet wide (excluding car overhangs) and be accompanied by a five-foot minimum landscape buffer with trees planted at least every thirty feet oncenter.

2.

Transit shelters shall be provided near major concentrations of employees. For projects of at least five acres, the developer shall coordinate with the transit provider to determine a suitable location for a transit shelter on-site.

3.

Pedestrian access must be provided between transit stops and at least one building entrance for each onsite building tenant. Transit shelters must be provided at all transit stops as specified by the director of public works and/or transit provider.

(Ord. 2887 §§ 4—13, 2007; Ord. 2865 §§ 8—21, 2005; Ord. 2787, §§ 1, 3, 5 and 18, 2001; Ord. 2712 § 1(d), 1997; Ord. 2610 § 1(L—O), 1993; Ord. 2518 § 7 (part), 1990; Ord. 2515 § 3 (part), 1990; Ord. 2453 § 1, 1988; Ord. 2411 §§ 6—8, 1987; Ord. 2318 § 1(f), 1984; Ord. 2297 § 1(a—c), 1983; prior code § 9346)

(Ord. No. 2932, § 10, 8-11-09; Ord. No. 3054, §§ 7, 8, 8-9-16; Ord. No. 3159, § 3(Exh. A), 11-12-24)

The provisions within this chapter pertaining to the number of required on-site parking spaces for the R-E and R-1 zones may be waived or modified by the planning commission when it can be demonstrated that the required on-site parking cannot be provided because of usual circumstances associated with the property due to one or more of the following findings:

A.

The topography of the property cannot be sufficiently altered to accommodate the required on-site parking.

B.

The property is eligible or listed on a local, state or National Historic Register or is a contributing resource within a historic district and the required on-site parking would adversely impact the historic setting or significance of the property should the required on-site parking necessitate significant grading to the property, demolition to existing or eligible on-site historic structures/resources, and/or the alteration of significant historic characteristics/features associated with the property.

C.

The existing property does not comply with the city's minimum required lot size, depth and/or width and the required parking cannot be physically developed on-site without the approval of a variance.

D.

The physical location of the existing primary residence and/or an accessory unit on the property does not enable the required on-site parking to be provided without the primary or accessory unit being demolished or significantly altered.

The planning commission's finding(s) shall be documented in writing and may be appealed to the city council within twenty calendar days of the date of the commission's decision. The appeal shall be filed with

the appropriate fees with the city clerk.

(Ord. 2887 § 14, 2007: prior code § 9350)

• (Ord. No. 3068, § 6, 6-13-17)

Lots which are included in a planned comprehensive parking district, formed under a special assessment district proceeding, shall also be exempted from the provisions of this chapter under the following circumstances:

A.

The commission shall conduct a public hearing, noticed in the manner set forth in Section 18.52.090.

B.

At the hearing the commission shall determine, and accordingly recommend to the council, whether or not the district should be formed, based upon its findings that:

1.

The public interest, convenience and necessity so require;

2.

The district as established will substantially comply with the purpose and intent of this title; and

3.

The exemption, if granted, will be conditioned so as to insure that the purpose and intent of the provisions of this title, including but not limited to the provisions of this chapter, are met.

C.

1.

Upon receipt of a recommendation by the commission, the council shall conduct a hearing, noticed in the same manner as that held by the commission, and shall determine, based upon the standards set forth in subsection B, whether the exemption should be granted. It shall have the authority and power to grant the exemption, with conditions if necessary, so as to insure that substantial compliance is had with reference to the provisions of this title, and to insure compatibility of the physical facilities and uses. Such conditions may include, but are not limited to, a limitation upon the extent to which the construction of new buildings and structures, or the reconstruction or expansion of existing buildings or structures located on the lots included in the district, shall be permitted;

2.

Planned comprehensive parking districts created under this chapter are declared to be entitled to the exemption provided for in this section.

D.

Any condition imposed upon a planned comprehensive parking district may be modified, or new conditions may be added, if the city council, after a hearing, determines that the public interest so requires.

(Prior code § 9347)

A.

Accessibility to Parking Spaces. Each parking space so required by this chapter shall be accessible without it being necessary to move any other vehicle except as provided within Section 18.48.070(C)(1)(e) and (C)(2) (a).

B.

Parking Charge. The parking of motor vehicles shall be without monetary charge when such parking is required in conjunction with a use or uses permitted by this title, except as is expressly provided in Section 18.52.030.

C.

Storage of Vehicles. The parking facilities required by this chapter shall be used only for the temporary parking of vehicles used in conjunction with the uses they serve. Such parking facilities shall not be used for any other purpose, including but not limited to, storage of vehicles.

D.

Required parking spaces in the R-2, R-3 and R-4 zones shall be utilized solely for parking of motor vehicles belonging to the tenants of the development and their guests. For the purpose of this paragraph, "required parking space" means all existing parking spaces, whether or not required at the time of construction, which do not exceed the requirements of the most recent zoning regulations.

(Ord. 2887 § 15, 2007; Ord. 2610 § 1(P), 1993; prior code § 9348)

18.48.110 - Underground parking facilities.

A.

Notwithstanding any other of the provisions of this chapter relating to the location of buildings and structures on a lot, off-street parking facilities may be located in any required yard area on a lot, except a required front yard, if:

1.

The same are subterranean; and

The plans for the same are approved by the city engineer to insure that there will be adequate lateral support and safe vehicular and pedestrian ingress and egress thereto.

B.

"Subterranean," for the purposes of this section, means entirely below the finished grade of a lot.

(Prior code § 9349)

18.48.120 - Parking of commercial vehicles.

A.

It shall be unlawful to park or store any commercial vehicle, of an unladen gross vehicle weight in excess of fourteen thousand pounds, tow trucks (including dismantlers' or repossessor's tow vehicles), trailers, or other related equipment within residential zones within the city. A limit of one commercial vehicle fourteen thousand pounds or less is allowed per residential lot or residence, whichever is less, within residential zones. The provisions of this subparagraph do not apply to passenger vehicles, pickup trucks, passenger or cargo vans, recreational vehicles or utility trailers. For additional definitions and restrictions, refer to Chapter 10.40 of the Whittier Municipal Code.

B.

The provisions of this section shall not apply to any vehicle owned by the city or a public utility or licensed contractor while necessary in use in the construction, installation or repair of any public utility, or to any commercial vehicle actually being used for the pickup or for the delivery of goods, wares and merchandise, or for the delivery of materials to be used in the repair, alteration, remodeling or construction of any building.

(Ord. No. 3018, § 3, 3-25-14; Ord. No. 3159, § 3(Exh. A), 11-12-24)

Appendix B

Non-Residential Parking Standards Chart 9′ × 19′ Spaces (with 2′ overhang)[(1)]

Notes:

(1) Aisle widths of twenty feet to twenty-four feet allow two-way traffic, when a turnaround is provided.

(2) Aisle widths twenty-five feet and over allow two-way traffic.

(3) A space, the side of which is against a building, wall, or fence must be twelve feet in width.

(4) A two-foot vehicular overhang is permitted into a landscape planter area, except when there is an exclusive (required) landscape setback or open space area.

==> picture [336 x 118] intentionally omitted <==

(Ord. 2887 § 16, 2007: Ord. 2865 § 22, 2005: Ord. 2787 § 10, 2001)

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

Chapter 18.49 - SMOKING LOUNGES

The purpose of this chapter is to establish regulations for smoking lounges within the city of Whittier for the purpose of protecting the public's health, safety and welfare while eliminating or mitigating the undesirable land-use impacts associated with smoking lounges.

(Ord. No. 2937, § 1, 8-25-09)

18.49.020 - Definitions.

For the purpose of this chapter, a "smoking lounge" means any facility or location whose business operation, whether as its principal use or as an accessory use, is denoted by the on-site smoking or inhaling of tobacco or any other substances.

(Ord. No. 2937, § 1, 8-25-09)

18.49.030 - Conditional use permit required.

A.

It is unlawful for any entity or business to engage in, conduct, or carry on, in or upon any premises within the city of Whittier, a smoking lounge in the absence of an approved conditional use permit pursuant to the provisions contained within this chapter and all other applicable provisions of the Whittier Municipal Code.

B.

Prior to the establishment of any smoking lounge within the city, a conditional use permit shall be granted for said use pursuant to the provisions contained within Chapter 18.52 (Variances and Conditional Use Permits) of the Whittier Municipal Code.

C.

Any increase in the maximum building occupancy rate or physical expansion to the floor area of an existing smoking lounge shall require the prior review and approval of a new or modified conditional use permit.

(Ord. No. 2937, § 1, 8-25-09)

18.49.040 - Smoking lounges—Development and maintenance standards.

A.

Locations allowed:

Smoking lounges may be conditionally permitted within the C-1, C-2, C-3, and any "M" zone, including any location specifically designated for a smoking lounge (or an equivalent use) within a specific plan.

No smoking lounge may be located within five hundred feet of another smoking lounge nor within two hundred fifty feet of any medical marijuana dispensary (including collectives and cooperatives), park, arcade, pre-school, school (except trade schools) or daycare facility in the city of Whittier.

B.

No outdoor seating or gather space for smoking is permitted. All smoking related activities shall occur indoors. Outdoor seating may be permitted for the consumption of food and beverages or for non-smoking gathering space only.

(Ord. No. 2937, § 1, 8-25-09)

18.49.050 - Smoking lounges—Operating requirements.

A.

All smoking lounges shall comply with the following operational requirements:

1.

There shall be no on-site smoking or inhaling of any illegal or prescription drug or substance at any time.

2.

No smoking lounge shall operate as a medical marijuana dispensary, collective or cooperative at any time. In addition, no smoking lounge may operate as a primary care provider for the cultivation, transportation or distribution of medical marijuana or related paraphernalia products.

3.

The business shall be owner-operated or otherwise exempt from the prohibition of smoking in the workplace set forth in California Labor Code Section 6404.5.

4.

No person under eighteen years of age shall be permitted within any area of the business premises where the smoking of tobacco or other substances is allowed.

5.

No live entertainment shall be permitted within a smoking lounge unless approved under a conditional use permit, as contained within Chapter 18.52 (Variances and Conditional Use Permits) of the Whittier Municipal Code.

6.

No alcoholic beverages shall be served or sold for on-site consumption without the prior review and approval of a conditional use permit pursuant to Chapter 18.52 (Variances and Conditional Use Permits) of the Whittier Municipal Code.

7.

No window coverings shall prevent visibility of the interior of the smoking lounge from outside the premises. Any proposed window tinting shall be approved in advance by the police chief. All signs shall comply with Section 18.76 of the Whittier Municipal Code.

8.

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.

9.

No arcade (five or more amusement machines), as defined in Section 18.06.030 (Definitions) of the Whittier Municipal Code, shall be permitted anywhere within the business.

Parking shall be provided using the standards contained in Section 18.48.020.2.2(B) (Restaurant) of the Whittier Municipal Code, unless alternative parking standards are provided specifically for a smoking lounge within any applicable specific plan area where the smoking lounge is located.

11.

The maximum occupancy limit of a smoking lounge shall not exceed the lesser of:

a)

That established by the Los Angeles County Fire Department or;

b)

As a specific condition of approval for the conditional use permit approved for the facility pursuant to this chapter.

12.

The business shall be in compliance with all other city, state, and federal laws at all times, including all California Occupational Safety and Administration (Cal OSHA) requirements. Should any conflict arise, the director of community development shall determine which law shall prevail.

13.

Smoking advertisements, products, paraphernalia, and promotions shall not be located within six feet of a business window.

14.

The sale or rental of any smoking devices (i.e., pipes, hookahs etc.) shall comply with all California Health and Safety Codes at all times.

15.

No patron or customer shall be permitted to bring onto the premises a hookah at any time.

16.

Plans shall be submitted to the approval authority that demonstrate compliance with the following:

a.

Furnishings shall not encroach into any public right-of-way, required pedestrian access way, landscaping or parking area at anytime.

b.

All required emergency access/exits and fire lanes shall be provided and maintained at all times, as determined by the County of Los Angeles Fire Department.

c.

Outdoor portable or non-fixed furnishings shall not be set up outside the smoking lounge more than onehalf hour prior to the opening of business and shall be removed no later than one-half hour after closing. Permanent or fixed furnishings may remain overnight, but shall be cleaned upon closing.

d.

Outside furnishings shall not contain advertising or depict any product or product name, logo, trademark, or similar identification or advertising display. The design, color and material of the furnishings shall be compatible with the building and reviewed and approved by the director of community development prior to installation.

e.

Adequate trash receptacles shall be provided on-site at all times. The design, color and material of the trash receptacle(s) shall be compatible with the building.

f.

The smoking lounge owner and operator shall be responsible for the removal of all trash, debris, spilled food or beverage items in a timely manner. In addition, all outdoor seating area(s) shall be maintained in a clean, sanitary, and trash-free manner at all times.

g.

The interior of the smoking lounge shall be configured such that there is an unobstructed view of every smoking area on the premises. No public area shall be visually obscured or enclosed by a door, curtain, wall, two-way mirror or any other such method. In addition, there shall be no private rooms within a smoking lounge.

h.

Full height walls from the ground to the underside of the deck/ceiling above shall be provided to separate the smoking lounge from any other contiguous business.

i.

Separate return, supply and condensation air for heating, ventilation and air conditioning (HVAC) systems shall be provided for every smoking lounge to prevent fugitive smoke from entering into an adjacent tenant suite or building.

j.

All smoking lounges must be located within buildings provided with an approved National Fire Protection Agency 13 (NFPA 13) automatic fire suppression system.

k.

The business shall comply with all fire and building code requirements at all times.

l.

All entry and exit doors to the business shall remain closed at all times, except for the ingress and egress of patrons and employees.

(Ord. No. 2937, § 1, 8-25-09)

18.49.060 - Application for permit.

A.

Each conditional use permit application for a smoking lounge shall include:

1.

All application submittal fees;

2.

A site plan with all applicable items and information listed on the city's conditional use permit/development review application checklist;

3.

A floor plan with all applicable items and information listed on the city's conditional use permit/development review application checklist;

4.

Elevations of all proposed exterior modifications. All applicable items on the city's conditional use permit/development review application checklist shall be submitted or included on each elevation;

5.

A complete written description of all aspects of the proposed operation including (but not limited to): the hours of operation, number of employees on each shift; and the proposed interior and exterior improvements with sufficient detail to demonstrate the quality and character of the establishment;

6.

The legal name, residence, address and telephone number of the owner(s) and applicant(s) of the proposed establishment making application;

7.

The exact nature and location of the activity for which the conditional use permit is requested and an estimate of the maximum number of patrons to be served at the establishment during full capacity;

8.

All goods, services, and products offered on-site;

9.

A security plan for the control of pedestrian and vehicular traffic and to prevent unlawful conduct;

10.

A vicinity map identifying the location of the proposed business and all surrounding land uses within a five hundred-foot radius around the proposed establishment and;

11.

All other details and information deemed necessary to evaluate the proposed project application, as determined by the director of community development.

B.

Submitting false information on the application shall constitute grounds for denial of the conditional use permit or future revocation of any approved conditional use permit.

(Ord. No. 2937, § 1, 8-25-09)

18.49.070 - Required findings for all smoking lounges—Demonstration of burden of proof and appeals.

A.

In addition to the findings contained within Section 18.52.040(B) of the Whittier Municipal Code, the following findings shall be required for every smoking lounge approved within the city of Whittier. In all cases, the applicant shall have the burden of proof to show the approval authority, by relevant evidence, the existence of facts which support the conclusion that the standards, as set forth in this section, are met:

1.

The smoking lounge is consistent with the goals and objectives of the general plan, and any applicable specific plan.

2.

The smoking lounge will not impair the integrity and character of the subject zoning district, and will comply with the provisions of this chapter and all other applicable city, state and federal regulations.

B.

Any decision to deny a request to establish, construct or modify a smoking lounge shall be supported by evidence contained in the written record documenting why the smoking lounge cannot be approved, as detailed within Section 18.52.100 of the Whittier Municipal Code.

C.

Any request to appeal a decision to approve or deny a smoking lounge application shall comply with the requirements contained within Section 18.52.120 and 18.52.130 of the Whittier Municipal Code.

(Ord. No. 2937, § 1, 8-25-09)

A.

Any smoking lounge lawfully existing as of the effective date of this chapter that becomes nonconforming by reason of the adoption of this ordinance shall be brought into full compliance with the provisions of this chapter not later than fifteen years following the effective date of this chapter.

B.

No lawfully existing smoking lounge shall be deemed to be nonconforming, for purposes of this section, for failure to comply with the location and parking requirements or the prior establishment of an outdoor patio smoking area established for such use under this chapter unless the smoking lounge is terminated for any reason or voluntarily discontinued for a period of at least ninety consecutive calendar days or more following the effective date of the adoption of this chapter.

(Ord. No. 2937, § 1, 8-25-09)

Modifications or waivers to the standards and provisions contained within this chapter may be granted by the planning commission, subject to the approval of a conditional use permit, if it is determined that the standards and/or provisions which are being requested to be altered or waived will not impact the public health, safety and welfare and are not contrary to the general purpose and intent of this chapter. Waivers may not be given for noncompliance with the provisions contained within Chapter 18.62 (Nonconforming Uses, Structures and Sites) of the Whittier Municipal Code unless noted otherwise within this ordinance.

(Ord. No. 2937, § 1, 8-25-09)

Except as provided in this chapter, the provisions of Chapter 18.62 (Nonconforming Uses, Structures and Sites) of the Whittier Municipal Code shall be applicable to all business establishments with smoking lounges. In the event any conflict between the provisions of this chapter and the provisions of Chapter 18.62, the provisions of this chapter shall control.

(Ord. No. 2937, § 1, 8-25-09)

A.

The following conditions shall trigger the scheduling of a public hearing before the appropriate approval authority to determine whether or not the conditional use permit issued to the business for operating a smoking lounge shall be revoked or modified:

1.

Issuance of three or more collective administrative or criminal notices of violation or citations within a twelve-month period from any combination of the fire marshal, building official, code enforcement, and/or the police department. However, the police chief, director of community development, or the appropriate approval authority may require immediate review at anytime due to a particular incident.

2.

The imposition of any disciplinary action or finding of violation by the department of alcoholic beverage control, if alcoholic beverages are sold for on-site consumption.

B.

The city of Whittier does not want to discourage business owners or others from contacting the police department or any other emergency service provider when warranted. Therefore, the number of emergency calls for service to the Whittier Police Department may not necessarily be used as the singular basis for concluding that a business is operating as a nuisance.

C.

The approval authority may revoke a conditional use permit following the procedures set forth in Section 18.52.160, based on any one or more of the following findings:

1.

That the conditional use permit was approved based on information that was erroneous, fraudulent, misleading or misrepresented, regardless of the intent of the entity that obtained the conditional use permit;

2.

That the condition(s) of approval adopted under the conditional use permit for the smoking lounge have been violated in whole or in part;

3.

Local, state and/or federal law was violated;

4.

The establishment for which the permit was issued is being operated in an illegal, unpermitted or disorderly manner;

5.

The noise generated from the establishment violates the City's Noise Ordinance;

6.

The smoking lounge has had or is having an adverse impact on the public health, safety, peace, and/or general welfare;

7.

The smoking lounge has ceased to exist for at least ninety calendar days or more by reason of voluntary abandonment.

(Ord. No. 2937, § 1, 8-25-09)

18.49.120 - Discontinuance and enforcement.

A.

Any conditional use permit for a business with a smoking lounge may be summarily revoked following a public hearing thereon if the use is discontinued for at least ninety consecutive calendar days. The approval authority shall hold a noticed public hearing to consider the revocation pursuant to Section 18.52.160 of the Whittier Municipal Code.

B.

Any violation to this chapter shall be prosecuted as a misdemeanor.

(Ord. No. 2937, § 1, 8-25-09)

Chapter 18.50 - ADMINISTRATION

Where uncertainty exists as to the boundaries of any zone shown on the official zoning map of the city, or any part thereof or any amendment thereto, such uncertainty shall be resolved pursuant to Section 18.50.030.

(Prior code § 9240)

Areas annexed to the city shall be classified in an appropriate zone by the city council in a manner specified by the provisions of Government Code Title 7, Division 1, Chapter 4 (Government Code § 65800 et seq.).

(Prior code § 9241)

(Ord. No. 3121, § 13, 8-25-20)

If any ambiguity shall be found with reference to these regulations, including but not limited to the appropriate zone classification of a particular use, the commission shall consider the matter and shall recommend to the city council the appropriate clarification of such ambiguity. When such a commission recommendation has been approved by the city council, the same shall be in force and effect and shall govern the interpretation of the affected provisions of this title, to which the same relates, until such time as an appropriate amendment to this title has been duly adopted.

(Prior code § 9242)

18.50.040 - Interpretation of provisions—Director's authority—Review by council.

A.

It shall be the duty of the director, where reasonably necessary, to interpret the provisions of this title to assure adherence to the city council's purpose and intent in adopting the provisions contained in this title. All such interpretations shall be reduced to written form, and shall be permanently maintained by the director.

B.

Any person who is aggrieved by such an interpretation by the director may, in writing, request that such interpretation be reviewed by the planning commission. If the planning commission's determination is not satisfactory to either the director or such person, either or both may request the city council to review the same. Upon receipt of such a request, the city council shall review the interpretation as made, and shall approve, modify or disapprove the same. The decision of the city council shall be final and conclusive.

C.

Actions taken pursuant to this section shall include but not be limited to the designation of the front and rear lot lines of a through lot.

(Prior code § 9245)

A.

Application to C and M Zones. No person shall use for any purpose any C-zoned or M-zoned lot, building or structure located thereon, nor shall the owner of any such lot allow such use, unless and until the director of building and safety issues for such use a certificate of occupancy indicating the same complies with all applicable laws, including but not limited to the provisions of this title.

B.

Application to R-Zoned Lots. The provisions of subsection A of this section shall apply to R-zoned lots, and buildings and structures located thereon, but only as to newly constructed or reconstructed buildings and/or structures. Such certificates of occupancy shall not be required for changes in occupancy on such lot, so long as such occupancy is limited to residential use.

C.

Action of Director of Building and Safety. Where the director of building and safety refuses the issuance of such a certificate he/she shall give the applicant written notice thereof. His/her decision shall be subject to an appeal in the time and manner provided in Section 18.50.040.

D.

Temporary Certificate. Temporary certificates of occupancy may be issued, in the discretion of the director of building and safety, where a portion of a building under construction may be safely occupied.

(Prior code § 9243)

No building permit required pursuant to the city's building regulations or a certificate of occupancy shall be issued for any building, structure or use which has been erected, constructed, maintained or utilized in violation of any provision of this title, or any other applicable law. Any such permit or certificate issued erroneously for a use, building or structure which does not comply with such laws shall for all purposes be null, void and of no effect.

(Prior code § 9244)

Any person who has obtained a building permit shall be allowed to exercise such permit and complete the project to which the permit applies notwithstanding a change of zoning which becomes effective after the permit has been issued but before it is exercised, if such permit is exercised within one hundred eighty days after its issuance

(Ord. 2787 § 17, 2001; Ord. 2478 § 2, 1989: Ord. 2477 § 2, 1989)

Any use, building or structure to which the provisions of this title apply, but which do not comply with such provisions, shall be a public nuisance.

(Prior code § 9246)

Whenever the planning commission, on a particular legislative or administrative matter pending before it, is unable to resolve the matter by the requisite vote of that body, either by virtue of disqualification of members, or by virtue of the absence of members of the commission, if it appears to the planning director that a decision cannot expeditiously be rendered by the commission on such matter, the planning director shall report the same to the city manager. If the city manager determines that the matter cannot be expeditiously acted upon by the planning commission he/she shall certify such matter to the city council for action by that body without further action by the planning commission. Upon the transfer of such matter to the city council the city clerk shall give the required legal notice for such matter and thereafter the city council shall dispose of such matter in accordance with applicable law.

(Ord. 2459 § 1, 1989: Ord. 2458 § 2, 1989)

(Ord. No. 3112, § 4, 2-25-20)

Chapter 18.51 - REASONABLE ACCOMMODATIONS IN HOUSING TO DISABLED OR HANDICAPPED INDIVIDUALS

It is the purpose of this chapter, pursuant to fair housing laws, to provide individuals with disabilities reasonable accommodation in the application of the city's rules, policies, practices and procedures, as necessary to ensure equal access to housing. The purpose of this chapter is to provide a process for individuals with disabilities to make requests for, and be provided, reasonable accommodation, when reasonable accommodation is warranted based upon sufficient evidence, from the various city laws, rules, policies, practices and/or procedures of the city, including land use and zoning regulations.

(Ord. 2896 § 1 (part), 2007)

18.51.020 - Definitions.

As used in this chapter:

A.

"Applicant" means a person, business, or organization making a written request to city for reasonable accommodation in the strict application of land use or zoning provisions of this title.

B.

"City" means the city of Whittier.

C.

"Code" means the Whittier Municipal Code.

D.

"Department" means the community development department of the city.

E.

"Director" means the director of community development of the city.

F.

"Disabled or handicapped person" means an individual who has a physical or mental impairment that limits one or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment, but not including an individual's current, illegal use of a controlled substance.

G.

"Fair housing laws" means the "Fair Housing Amendments Act of 1988" (42 U.S.C. Section 3601, et seq.), including reasonable accommodation required by 42 U.S.C. Section 3604(f)(3)(B), and the "California Fair Employment and Housing Act" (California Government Code Section 12900, et seq.), including reasonable

accommodation required specifically by California Government Code Sections 12927(c)(1) and 12955(l), as any of these statutory provisions now exist or may be amended from time to time.

H.

"Minor reasonable accommodation" means any deviation requested and/or granted from the strict application of the city's laws, rules, policies, practices and/or procedures of the city, including land use and zoning regulations of this title, and which can be removed or terminated in sixty days or less after the need for the reasonable accommodation ends.

I.

"Major reasonable accommodation" means any deviation requested and/or granted from the strict application of the city's laws, rules, policies, practices and/or procedures of the city, including land use and zoning regulations of this title, resulting in a physical modification to the property which cannot be restored or terminated within sixty days or less after the reasonable accommodation is terminated.

(Ord. 2896 § 1 (part), 2007)

The department shall prominently display in the public areas of the planning and building and safety department at City Hall a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this chapter. City employees shall direct individuals to the display whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation.

(Ord. 2896 § 1 (part), 2007)

A.

In order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation, pursuant to this chapter, relating to the application of various land use, zoning, or building laws, rules, policies, practices and/or procedures of the city.

B.

If individual or representative needs assistance in making a request for reasonable accommodation, or appealing a determination regarding reasonable accommodation, the department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative. The applicant may be represented at all stages of the proceeding by a person designated by the applicant as his/her representative.

C.

A request for reasonable accommodation in laws, rules, policies, practices and/or procedures must be filed on an application form provided by the department, shall be signed by the owner of the property, and shall include the following information:

1.

A description of how the property will be used by the disabled individual(s);

2.

The basis for the claim that the fair housing laws apply to the individual(s) and evidence satisfactory to the city supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a handicapped license, or other appropriate evidence which establishes that the individual(s) needing the reasonable accommodation is disabled/handicapped pursuant to the fair housing laws;

3.

The specific reason the requested accommodation is necessary to make particular housing available to the disabled individual(s); and

4.

Verification by the applicant that the property is the primary residence of the person for whom reasonable accommodation is requested.

D.

A filing fee in an amount as determined from time to time by resolution of the city council, but not to exceed the reasonable estimated costs to the city in processing the application.

(Ord. 2896 § 1 (part), 2007)

A.

The director shall have the authority to consider and act on any application for a minor reasonable accommodation. The director shall issue a written determination within thirty days of the date of receipt of a completed application and may: (1) grant the accommodation request, (2) grant the accommodation request subject to specified nondiscriminatory conditions, (3) deny the request, or (4) may refer the matter to the planning commission, which shall render a decision on the application in the same manner as it considers an appeal.

B.

The zoning administrator shall have the authority to consider and act on any application for a major reasonable accommodation, or any minor reasonable accommodation request referred to it by the director. The zoning administrator shall consider an application at the next reasonably available public meeting after submission of an application for reasonable accommodation, after the submission of any additional information required pursuant to this section or after referral from the director and shall issue a written

determination within thirty days after such public meeting. The zoning administrator may: (1) grant the accommodation request, (2) grant the accommodation request subject to specified nondiscriminatory conditions, or (3) deny the request.

C.

All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation on the appeals process, if necessary. The notice of determination shall be sent to the applicant by first class mail.

D.

If necessary to reach a determination on any request for reasonable accommodation, the director may request further information from the applicant consistent with this chapter, specifying in detail what information is required. In the event a request for further information is made, the thirty-day period to issue a written determination shall be stayed until the applicant reasonably responds to the request.

E.

If, based upon all of the evidence presented to the director or the zoning administrator, the findings required in this chapter may reasonably be made, the director, the zoning administrator, the planning commission or the city council, as applicable, shall grant the requested reasonable accommodation.

F.

A reasonable accommodation that is granted pursuant to this chapter shall not require the approval of any variance as to the reasonable accommodation.

G.

The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this chapter to further fair housing. Such conditions may generally include, but are not limited to the following restrictions:

1.

That the reasonable accommodation shall only be applicable to particular individual(s);

2.

That the reasonable accommodation shall only be applicable to the specific use for which application is made; and/or

3.

That any change in use or circumstances which negates the basis for the granting of the approval shall render the reasonable accommodation null and void and/or revocable by the city.

H.

All reasonable accommodations granted by the city shall be subject to the requirement that they be recorded with the county recorded as to the applicable property record. The recorded notice of the reasonable accommodation shall include all of the following:

1.

A termination provision requiring that the reasonable accommodation be terminated within a specified reasonable period of time after the circumstances leading to the granting of the reasonable accommodation are no longer present;

2.

A notice provision requiring the following:

a.

That notice be given to the city when there is any material change in the disability/handicap leading to the granting of the reasonable accommodation;

b.

That notice be given to the city when there is any sale or transfer of ownership of the property upon which the reasonable accommodation is applicable.

(Ord. 2896 § 1 (part), 2007)

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

The following findings must be made in order to approve a request for reasonable accommodation:

A.

The housing, which is the subject of the request for reasonable accommodation, will be occupied as the primary residence by an individual protected under the fair housing laws.

B.

The request for reasonable accommodation is necessary to make specific housing available to one or more individuals protected under the fair housing laws.

C.

The requested reasonable accommodation will not impose an undue financial or administrative burden on the city.

D.

The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or procedures of the city.

(Ord. 2896 § 1 (part), 2007)

A.

Within ten days of the date the city issues a written determination, any person aggrieved or affected by a decision on an application requesting the accommodation may appeal such determination in writing to the planning commission or to the city council, as applicable.

B.

All appeals shall contain a statement of the grounds for the appeal.

C.

No such appeal shall be accepted unless there is, paid contemporaneously with the filing of such letter, a filing and processing fee in a sum to be set by resolution of the city council. Upon receipt of a timely filed appeal, together with the filing and processing fee, the secretary of the planning commission or the city clerk shall set the matter for a de novo hearing before the planning commission or city council, as applicable, at its next reasonably available public meeting.

D.

The planning commission or the city council, as applicable, shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty days after an appeal has been filed, or after an application has been referred to it by the director. All determinations shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.

E.

An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted.

F.

An applicant requesting the accommodation may appeal an adverse determination or any conditions or limitations imposed by the planning commission's decision to the city council, in accordance with this section.

(Ord. 2896 § 1 (part), 2007)

(Ord. No. 3112, § 4, 2-25-20)

Notwithstanding any provisions in this chapter regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this chapter or may request a continuance regarding any decision or consideration by the city of the pending appeal.

Extensions of time sought by applicants shall not be considered delay on the part of the city, shall not constitute failure by the city to provide for prompt decisions on applications and shall not be a violation of any required time period set forth in this chapter.

(Ord. 2896 § 1 (part), 2007)

Chapter 18.52 - VARIANCES AND CONDITIONAL USE PERMITS[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. 3159, § 3(Exh. A), adopted Nov. 12, 2024, amended Ch. 18.52 in its entirety to read as herein set out. Former Ch. 18.52 pertained to similar subject matter. Refer to Code Comparative Table and Disposition List for a detailed history of derivation.

Article I. - Variances

When practical difficulties or results inconsistent with the general intent and purpose of this title occur by reason of the strict and literal interpretation of any of its provisions, a zone variance may be granted in the manner set forth in this chapter.

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

18.52.020 - Standards and findings for variance.

A.

When Variance is to be issued. If the body hearing an application for a zoning variance finds that every standard in subsection C of this section is met by the evidence presented at the hearing, it shall grant the variance.

B.

Burden of Proof. The applicant shall have the burden of proof to show the existence of facts which support the conclusion that the standards are met.

C.

Findings. The required findings for the granting of a variance are as follows:

1.

There are special circumstances applicable to the subject property (i.e. Size, shape, topography, location, surroundings) which cause the strict application of the zoning ordinance to deprive the property of privileges which are enjoyed by other property in the vicinity and under identical zoning classification.

The variance would not be the grant of a special privilege inconsistent with the limitations on other nearby properties in the same zone.

3.

Issuance of the variance would not be materially detrimental to the public health, safety or welfare nor unreasonably impact nearby properties.

4.

Issuance of the variance would be consistent with the purposes of the general plan and the zoning regulations

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

Article II. - Conditional Use Permits

The purpose of any conditional use permit shall be to ensure that the use for which the same is required will be rendered compatible with other existing and permitted uses located in the general area of the same. The following uses, each of which possesses characteristics of such unique and special form as to render impractical their operation without specific approval, shall be permitted in the zones as hereinafter set forth, provided that a conditional use permit is first obtained pursuant to the provisions of this chapter, unless such use is designated as a permitted use in a particular zone.

A.

Uses conditionally permitted in all zones (except R-5, C-2-(HO), INV, MU, MED, PQP, PUT) — for such zones see those specific chapters:

—

Alcohol. If the underlying use is either permitted or conditionally permitted in the zone, the addition of the sale of alcoholic beverages for on-site or off-site consumption for such underlying use.

—

Any business which is a permitted (or conditionally permitted) use but which, as a course of its normal operation, includes any business-related activity open to the public between the hours of twelve midnight and six a.m.

—

Cemeteries;

—

Dump, inert solid-fill;

—

Oil, gas or other hydrocarbon substances, the drilling and production thereof, including but not limited to exploratory borehole operations;

—

Public utility facilities and utilities operated by mutual companies, except any public facility for which a building permit is not required pursuant to the city's building regulations, and any such facility which is permitted by a city-granted franchise;

—

Quarries;

—

Solid-fill projects;

B.

Uses conditionally permitted in the R-E zone:

—

Animals, fish, fowl (chickens, turkeys, ducks, geese, etc. as defined in Section 8.28.030 of the WMC), homing pigeons of the order Columbae, kept and maintained for noncommercial purposes and not otherwise permitted as an accessory use (minor conditional use permit pursuant to Chapter 18.58);

—

Golf courses, privately owned;

—

Livestock, care and maintenance for commercial or noncommercial purposes (minor conditional use permit pursuant to Chapter 18.58);

C.

Uses conditionally permitted in the R-1 zone:

—

Those uses conditionally permitted in the R-E zone;

—

Christmas tree farms, provided sales of trees are allowed only during the months of November and December;

—

Churches, temples and other places of worship;

—

Crops, field, tree, bush, berry and row, including nursery stock, the growing of;

—

Educational institutions, private;

—

Institutional freestanding signs;

D.

Uses conditionally permitted in the R-2 zone:

—

Those uses conditionally permitted in the R-1 zone;

—

Conversion of residential rental units to residential condominiums;

—

Mobile home park;

—

Residential care facilities, serving seven or more persons pursuant to the California Community Care Facilities Act (Health and Safety Code Sections 1500-1518)

—

Single room occupancy developments (SRO's), subject to the requirements in Section 18.52.190;

E.

Uses conditionally permitted in the R-3 zone:

—

Those uses conditionally permitted in the R-2 zone;

—

Parking lots, commercial;

F.

Uses conditionally permitted in the R-4 zone:

—

Those uses conditionally permitted in the R-3 zone;

—

Adult day care centers;

—

Fraternities; (seven or more persons);

—

Low barrier navigation center/hospitality houses;

—

Private clubs;

—

Sororities;

G.

Uses conditionally permitted in the C-O zone:

—

Those uses conditionally permitted in the R-4 zone except institutional freestanding signs;

—

Day care centers;

—

Day treatment clinics;

—

Hospitals, including nursing and convalescent facilities;

—

Mortuaries;

—

Radio or television towers and transmitters;

—

Self-service laundries (laundromats);

—

Single-family and multi-family residences (standalone)

—

Substance use recovery facilities;

—

Telephone exchanges;

H.

Uses conditionally permitted in the C-1 zone:

—

Those uses conditionally permitted in the C-O zone, except stand-alone single-family and multi-family residences;

—

Any business that includes drive-through or drive-in operation;

—

Any use permitted in the applicable commercial zone which utilizes three or more service vehicles in conjunction therewith, where such vehicles are parked or stored overnight at the place of business;

—

Automobile services uses (not including auto body and fender repair or auto painting);

—

Health centers/fitness clubs;

—

Internet cafes, subject to compliance with the requirements of Section 18.24.030(F) of the Whittier Municipal Code;

—

Restaurants with three thousand square feet or more of gross floor area;

—

Retail stores with three thousand square feet or more of gross floor area;

—

Smoking lounges;

—

Tire sales and installation;

I.

Uses conditionally permitted in the C-2 zone:

—

Those uses conditionally permitted in the C-1 zone, except:

a.

Residential care facilities,

b.

Mobilehome parks,

—

The following uses:

—

Adult entertainment establishments, subject to the provisions of Chapter 18.44;

—

Antique malls;

—

Auto body and fender repair;

—

Auto painting;

—

Bakery goods, wholesale distributor;

—

Banquet facilities;

—

Boat sales;

—

Building material sales;

—

Camper sales;

—

Car washes and auto detailing;

—

Circuses, carnivals, fairs with duration of more than seven days;

—

Cocktail lounges, bars, beer gardens and similar uses for which the primary use is the sale of alcohol

—

Columbariums, crematories and mausoleums;

—

Commercial recreation facilities open to the public which are privately owned and operated;

—

Convenience market (all);

—

Dancehalls;

—

Electric distribution substations;

—

Helistops and small heliports, FCC Class 1A;

—

Liquor stores;

—

Lodging facilities;

—

Machinery equipment rental service;

—

Motorcycle sales (new and used);

—

Precision engine rebuilding;

—

Recreational vehicle sales;

—

Self storage;

—

Service stations;

—

Tattoo and body piercing parlors;

—

Theaters and auditoriums except drive-in or open air;

—

Trailer sales, rental, and repair;

—

Used car sales (not in conjunction with new car sales);

—

Utility trailer and truck rental;

—

Veterinary (small animal) hospital

—

Wedding chapels;

J.

Uses conditionally permitted in the C-3 zone:

—

Those uses conditionally permitted in the C-2 zone:

a.

Pool and billiard halls subject to compliance with the requirements of Section 18.24.030(E)(1) of the Whittier Municipal Code;

K.

Uses conditionally permitted in the M zone:

1.

Uses conditionally permitted in the C-3 zone, except:

a.

Those uses of a residential character,

2.

The following uses:

—

Airports;

—

Auction houses;

—

Automobile dismantling yards;

—

Automobile impound yards;

—

Concrete-mixing batch plant;

—

Draying—freighting or trucking terminals, including moving and storage;

—

Dumps, rubbish and refuse;

—

Explosives, storage of ten pounds or more;

—

Heliports (all FAA classes);

—

Machinery equipment rental service;

—

Parcel service delivery depot;

—

Recycling, large collection facility;

—

Recycling, processing facility;

—

Rock-crushing, including the sale of rock, sand or gravel;

—

Storage space for transit and transportation equipment;

—

Swap meet (indoor or outdoor);

—

Truck repairing, overhauling and servicing.

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

18.52.040 - Prerequisites—Burden of proof.

A.

The following subsections of this section shall constitute the standards relating to the granting of an application for a conditional use permit. Where the body hearing such an application finds that all of the standards, as hereinafter set forth, are met by the evidence presented at the hearing, it shall grant the conditional use permit. The applicant shall have the burden of proof to show, by relevant evidence, the existence of facts which support the conclusion that the standards as set forth in this section are met.

B.

The standards for the granting of a conditional use permit are as follows:

1.

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

2.

That the site proposed for the 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; and

3.

That the proposed use will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties; and

4.

That the proposed use will be compatible with the permitted uses of surrounding and adjacent properties; and

5.

That the use will, as to location, operation and design, be consistent with the general plan, any applicable specific plan, and the Whittier zoning regulations.

C.

The standards set forth in this section relating to the granting of an application for a conditional use permit do not apply to internet cafes or adaptive re-use of a historic building or structure. Standards relating to the granting of an application for a conditional use permit specific to internet cafes are set forth in Section 18.24.030(F) of the Whittier Municipal Code for internet cafes and Section 18.84.490 (Adaptive Reuse of Historic Resources) for the adaptive reuse of a building or structure that was formerly operating as a legal commercial use within a residential zone in the city of Whittier and has been officially deemed eligible or designated as a local, state or federal historic landmark.

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

18.52.050 - Exemptions for certain permitted or nonconforming uses.

A.

Application of Sections 18.52.030 through 18.52.050—Permitted Use. Notwithstanding the provisions of this section, if any use is designated as a permitted principal use in any zone, the conditional use permit requirement shall not apply to that use in that zone.

B.

Nonconformity. None of the uses enumerated in Section 18.52.030, for which a conditional use permit is required, shall be nonconforming if:

1.

The same complied with the zoning regulations in effect at the time the affected use was established; and

2.

The same would otherwise have acquired a nonconforming status solely by reason of the application of Section 18.52.030; and

3.

There is no alteration or enlargement of the use, nor the commencement of any new use on the lot where located, except that, as to existing convenience markets and self-storage facilities such uses shall obtain, within a period of two years after the effective date of the ordinance codified in this section, a conditional use permit allowing such use and comply with the requirements of the police department regarding reducing the potential for robbery and theft.

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

Article III. - Procedure

A.

Applications for a zone variance, conditional use permit, minor zone variance or minor conditional use permit shall be filed by the owner of the property affected thereby, his/her agent, or by a public utility which has filed an eminent domain action with regard to such property with the director, on forms furnished by the director, which shall set forth fully the nature of the proposed use, and the facts sufficient to justify the granting of the variance or conditional use permit in accordance to the provisions of this chapter.

B.

The applicant shall furnish to the director an accurate list of the names and addresses of all property owners to whom notice must be given as provided in this chapter.

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

Each such original application, modification application or appeal shall be accompanied by a filing and processing fee in an amount as set by the council. Any applicant may withdraw his/her application by filing a written request to do so at any time prior to final action thereon. A prorated refund of processing fees may be requested if an application is withdrawn

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

Every application for a zone variance or conditional use permit shall be set for a public hearing before the commission by the director, except as provided in Chapter 18.58 or elsewhere in this code. Hearings may be continued from time to time by the commission or council, as it may deem necessary.

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

A.

Notice of the time and place of public hearings before the commission and council, on zone variance and conditional use permit applications, shall be given by United States mail, postage prepaid, addressed to the occupants and owners of property located within a radius of three hundred feet from the external boundaries of the property or use, at the director's discretion, to which the application relates, as shown on the latest equalized assessment roll of the county, or from other records which contain more recent and accurate addresses.

B.

Such notices shall describe the subject property and contain a brief description of the proposed use, and the date, time and place of the hearing.

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

Within a reasonable time after the public hearing upon a variance or conditional use permit application, the commission shall, by resolution adopted by not less than a majority of its total membership, approve, conditionally approve or deny the same. The resolution shall contain a brief statement of facts upon which its action is based. Within seven days following the adoption of such a resolution, the commission's secretary shall forward a copy thereof to the city clerk, to the applicant, and to any other person requesting the same.

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

The granting of any zone variance or conditional use permit may be conditioned. The purpose of any such conditions shall be to ensure that the activity thus permitted will be conducted in a manner consistent with the public peace, safety, general welfare and the provisions of this title.

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

A.

The resolution of the commission granting or denying a variance or conditional use permit shall become effective and final on the thirtieth day following its adoption, unless within such period of time an appeal in writing is filed with the city clerk, by the applicant or any other interested person. Any such appeal shall be accepted for filing only upon the payment of an appeal fee as set forth by the city council. In the event no city council meeting is held within said thirty-day period, the effective date shall be extended to the date immediately following the next city council meeting at which time the city council conducts such meeting and at which time the item has been lawfully posted and agendized for city council consideration.

B.

The decision of the commission shall be final and conclusive in the absence of a timely filed appeal. The timely filing of an appeal shall stay the effective date of the commission's resolution pending action by the city council.

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

Upon the filing of an appeal the secretary of the commission shall forward to the city clerk the commission's files with regard to such zone variance or conditional use permit application. Upon receipt of the same the city clerk shall promptly set the matter for a public hearing before the city council. The city council shall conduct a de novo public hearing upon the matter, and thereafter shall determine whether the application shall be approved, conditionally approved or denied. In making its determination the city council shall observe the standards set forth in Sections 18.52.020 and 18.52.040, whichever is applicable. In its discretion the city council may refer, prior to its decision, such matter to the commission for a further report, with or without additional public hearings before the commission. The determination of the council shall be by resolution, adopted by not less than a majority of the total voting membership of the city council. The resolution shall set forth the facts as found by the city council supporting its action. The decision of the city council shall be final and conclusive in all cases.

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

Within seven days following the adoption of the resolution by the city council, a copy of the resolution shall be mailed to the applicant and any other person requesting the same.

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

Inadvertent failure to give notice in the manner prescribed shall have no effect upon any proceeding before the commission or the council.

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