Chapter 22.40
SPECIFIC USES

Sections:

22.40.010    Purposes.

22.40.020    Applicability.

22.40.210    Pets and accessory residential uses.

22.40.230    Home care facilities.

22.40.240    Home occupations.

22.40.250    Boarding houses.

22.40.260    Short-term rental.

22.40.270    Trailers.

22.40.280    Christmas trees sales.

22.40.300    Marijuana/medical marijuana.

22.40.320    Electronic cigarette establishments.

22.40.410    Fireworks.

22.40.500    Amusement games.

22.40.530    Automobile service stations.

22.40.540    Convenience service stations.

22.40.630    Automobile repair.

22.40.700    Recycling facilities.

22.40.830    Oil and gas drilling.

22.40.910    Radio and television antennas.

22.40.950    Drive-through service.

22.40.010 Purposes.

Certain land uses are of such nature as to warrant special consideration in order to ensure that they will not adversely affect surrounding properties nor disrupt the orderly development of the community. The requirements set forth in this chapter are deemed necessary to insure compatibility and harmony with surrounding uses, to foster high standards of development, and to carry out the purposes and intent of this code. (Ord. 419 § 1 (part), 1972)

22.40.020 Applicability.

The provisions of this chapter shall apply to the indicated land uses and activities wherever they may be located within the city, except as these regulations may be superseded or supplemented in particular cases by the provisions of area development plans and conditional use permits. (Ord. 419 § 1 (part), 1972)

22.40.210 Pets and accessory residential uses.

(1) Pets. The keeping of household pets of a type readily classifiable as being customarily incidental and accessory to a permitted principal residential use when no commercial activity is involved. The keeping of potentially dangerous, undomesticated animals is prohibited.

(2) Nondwelling Accessory Buildings. The following accessory buildings and uses may be located in the rear and side yard areas on the same lot with a permitted dwelling; provided, that any permanent building or structure be designed and constructed with materials and colors to be compatible with the architectural style of the main building, shall not exceed fifteen feet in height, and shall comply with all provisions of this code; further provided, that all residential accessory uses be compatible with the residential character of the neighborhood. Additionally, a zero setback shall be allowed for an accessory use; provided, that the accessory use does not exceed the height of the wall or fence which it will abut and that an accessory use which exceeds the height of an adjacent wall or solid fence will be subject to the setback requirements of subsection (2)(d) of this section, with the exception of subsection (2)(c) of this section. The abovementioned requirements apply to the following:

(a) Children’s playhouses;

(b) Lathhouses or greenhouses;

(c) Any enclosed accessory structures connected to water and/or electricity shall be subject to the setback requirements of the permitted dwelling;

(d) Patios, gazebos and cabanas;

(e) Swimming pools, spas and related structures;

(f) Tool sheds;

(g) Collapsible Canopies. In addition to the abovementioned requirements, the following shall apply:

(i) Collapsible canopies shall be restricted to the rear yard;

(ii) Collapsible canopies shall have a minimum setback of five feet from the side and rear property lines;

(iii) Collapsible canopies shall not be visible from public and/or private streets;

(iv) Collapsible canopies shall be maintained in a manner that prevents the creation of any nuisance or otherwise detracts from the property value or residential character of the neighborhood;

(v) Collapsible canopies shall be not greater than ten feet in height as measured from the adjacent finished grade;

(h) Other uses customarily incidental to residential uses as determined by the director of community development subject to appeal to the planning commission.

(3) Second Dwelling Units or Second Units.

(a) Definition. A second unit is a dwelling unit located on a single-family residential property and which functions as separate living quarters from the single-family home, or the primary unit, of the property. A second unit has a separate entrance from the primary unit and contains its own living amenities as described in this section.

(b) Second Unit Permit. The construction of a second unit as described in this section shall require a second unit permit and shall be subject to review and approval by the director of community development.

(c) Permitted Locations and Quantity. A second unit as described in this section is permitted on a single-family residential parcel of land with an area of not less than ten thousand square feet that is located in a single-family residential zone, including, but not limited to, RS-5000, RS-6500, ADP-3, ADP-4, ADP-8, ADP-9, and ADP-12. The lot on which the second unit is proposed to be established shall only contain an existing single-family dwelling. At no time shall the lot be allowed to contain a guesthouse or other accessory structure and a second unit concurrently.

(d) Site and Design Standards. The design and incorporation of a second unit on a single-family residential property shall be such that the second unit:

(i) Is limited to one story in height if it is detached from the primary unit;

(ii) Conforms to the height limits established in this code for the zone in which the subject residential property lies, if the second unit is attached to the primary unit;

(iii) Has a floor area that is not greater than seven hundred fifty square feet;

(iv) Contains no more than one bedroom and no more than one bathroom;

(v) Contains cooking facilities;

(vi) Has a maximum occupancy of two people;

(vii) Maintains an architectural compatibility with the primary unit, which includes, but is not limited to, building proportion, architectural style, roof type, paint color, finish, details, and other qualities subject to the review and approval by the director of community development;

(viii) Maintains a single-family appearance on the lot;

(ix) Conforms to all setback requirements established in this code for the zone in which the subject residential property lies;

(x) Maintains a minimum setback of ten feet from the primary residence if the second unit is not attached to the primary unit;

(xi) Has its entire longest facade attached to the primary unit if the second unit is attached to the primary unit;

(xii) Is attached to the primary unit of the subject residential property if the property abuts an arterial street;

(xiii) Contains only access (door/entry) that is not oriented to the nearest adjacent property line;

(xiv) Does not cause the lot coverage of the subject residential property to exceed forty percent of the total lot area; and

(xv) Conforms with all applicable requirements established by building and safety codes adopted by the city of Cerritos in this code.

(e) On-Site Parking Requirement. No less than one parking space shall be provided on-site for the second unit, in addition to the minimum parking requirements established for the primary residence on the subject property.

(f) Deed Restriction. The second unit may be rented but shall not be sold, transferred, or assigned separately from the primary residence. A second unit permit will not be issued prior to the applicant’s submittal of evidence that a deed restriction, which sets forth the occupancy limitations prescribed by this code section, has been filed with the county recorder. This deed restriction shall run with the land, inure to the benefit of the city as well as to the benefit of other residential property owners within the subdivision, and be conterminous in tenure with the life of the second unit.

(g) Prohibition of Garage Conversion. In accordance with regulations established in other sections of this code, no garage shall be demolished or converted in order to construct a second unit. (Ord. 911 § 3, 2006; Ord. 866 § 7, 2003: Ord. 770 § 1 (part), 1996; Ord. 711 § 1, 1992: Ord. 419 § 1 (part), 1972)

22.40.230 Home care facilities.

Single-family residential dwellings may be used to provide home care facilities in accordance with the following:

(1) Family Day Care Homes.

(a) Small Family Day Care Homes. Small family day care homes shall be considered a residential use of property for the purposes of this code, and shall be a permitted use in all single-family residential zones, including area development plans which allow single-family residential uses.

(b) Large Family Day Care Homes. Large family day care homes shall be permitted in all single-family zones, including area development plans which allow single-family residential uses, subject to first obtaining an administrative use permit as described in subsection (2) of this section.

(2) Administrative Use Permits.

(a) Applications for administrative use permits shall be submitted to the director of community development.

(b) At least ten days prior to the date on which the director of community development or his/her designee will make a decision on an application for an administrative use permit to operate a large family day care home, the director of community development or his/her designee shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a one-hundred-foot radius of the property lines of the proposed large family day care home facility.

(c) No hearing shall be held before a decision is made on the application unless a hearing is requested by the applicant or a person provided notice as set forth in subsection (2)(b) of this section.

(d) The director of community development shall approve the application upon finding that the proposed use:

(i) Provides a dropoff/pickup plan as necessary to avoid interference of patron traffic with through traffic and to promote the safety of children. The applicant shall provide all patrons with instructions identifying the appropriate pickup and dropoff procedures;

(ii) Is not located within five hundred linear feet on the same street and within a two hundred-foot radius of an existing large family day care home;

(iii) Complies with all State Fire Marshal requirements for building and safety which apply to large family day care homes, and with all local building and fire codes which apply to single-family residences.

(e) Administrative use permits shall be issued pursuant to the following:

(i) The facility must comply with all conditions of issuance;

(ii) Complies with the noise regulations of Section 22.80.480 of Chapter 22.80 of this code;

(iii) Complies with all applicable code requirements;

(iv) The facility continues to maintain a license from the state of California for such use.

(f) An appeal of the director of community development determination shall be in accordance with Chapter 20.95 of this code.

(3) Community Care Facilities. Community care facilities serving six or fewer people shall be permitted in all residential zones, including area development plans which allow single-family residential uses.

(4) Licensing. All family day care homes and community care facilities shall have a business license issued by the city. After issuance of a business license, the applicant shall maintain a current state of California license for such use with the city. No fee shall be charged for such business licenses. The business license shall be issued for the purpose of identifying the type, location, and owner/operator of each home care facility in the city. (Ord. 770 § 1 (part), 1996; Ord. 712 § 5, 1992)

22.40.240 Home occupations.

A permitted dwelling may be used as a place for conducting a home occupation; provided, that the property is used primarily as a place of residence and the following conditions are met to assure that the use of the property is consistent with the residential character of the neighborhood:

(1) Any construction, structural alteration or addition to main or accessory buildings shall be designed to be completely usable for residential purposes;

(2) Not more than one room in a main building and one accessory building shall be used in connection with the home occupation;

(3) No special equipment or facilities other than furnishings, tools, and hand-carried or light office machines shall be installed or utilized;

(4) No persons other than residents of the premises shall work on the premises in connection with the home occupation;

(5) There shall be no traffic to or from the premises by customers, salesmen, repairmen, service vehicles, deliverymen, messengers or others beyond the amount of such traffic generally incidental to residential uses;

(6) No sound created by the operation of the home occupation shall cause the maximum noise level at any point on the property line surrounding the premises on which the noise is generated to exceed the background (ambient noise), including traffic noise, by five dBA or a total of fifty dBA, whichever is greater;

(7) No hazardous or offensive materials shall be stored or utilized;

(8) No sign shall be displayed which in any way indicates the presence of a nonresidential activity;

(9) There shall be no evidence of nonresidential activity visible from any point beyond the immediate premises of the dwelling where the home occupation is located;

(10) Garages and on-site vehicle storage areas shall not be used for the storage of goods and materials not associated with residential uses or permitted home occupations. The use of garages and approved on-site vehicle storage areas for storage of goods and materials shall not be a basis for the issuance of a residential on-street parking permit. (Ord. 711 § 2, 1992: Ord. 419 § 1 (part), 1972)

22.40.250 Boarding houses.

Single-family residential dwellings in RS-5000, RS-6500, ADP-3, ADP-4, ADP-8, ADP-9, ADP-12, or future zones with densities less than or equal to densities in the aforesaid zones, may be used to run boarding houses only in accordance with the following:

(1) Definitions. Unless the context otherwise requires, words and phrases used in this section shall have the same meanings as when used in this code:

(a) A “boarding house” is defined as set forth in Section 20.30.137.

(b) A “boarder” is defined as either:

(i) An individual person who maintains a separate rental agreement as defined in Section 20.30.137, either written or oral, with the owner of a boarding house, for the purpose of renting and occupying a portion of said boarding house; or

(ii) An individual person who, under the same rental agreement of the boarder as defined in subsection (1)(b)(i) of this section, lives with or otherwise occupies the premises rented, licensed or occupied by the primary boarder described in subsection (1)(b)(i) of this section.

(c) A “boarding unit” is defined as the portion of a boarding house that is rented to a boarder.

(2) Boarding House Permit and Inspections.

(a) The use of a single-family dwelling as a boarding house shall require a boarding house permit and shall be subject to review and approval by the department of community development, if the specific criteria set forth in this section are satisfied.

(b) An inspection of the subject property shall be conducted before a boarding house permit is issued. Such an inspection shall ensure that the subject property is in compliance with all applicable municipal code requirements relating to property maintenance and fit for occupancy per the standards established in this code and all other applicable codes.

(c) All boarding houses shall have a business license issued by the city prior to operation. The business license shall be issued for the purpose of identifying the location and owner of each boarding house in the city.

(d) Boarding house owners shall be required to maintain homeowner’s insurance and shall submit proof of homeowner’s insurance to the department of community development as part of the boarding house permit application.

(e) A boarding house permit and business license must be renewed on an annual basis. Annual inspections of the boarding house by representatives of the city, as well as verification of homeowner’s insurance, shall be required as a condition of the annual boarding house permit renewal.

(3) Maximum Occupancy. A maximum of two boarders shall be permitted to occupy any given owner-occupied boarding house.

(4) Parking.

(a) No more than one parking space shall be provided on-site for each boarder who has a driver’s license and who maintains a motor vehicle at the address of the boarding house. A given boarder shall maintain no more than one vehicle on-site at the address of the boarding house.

(b) A boarding house shall have at least two garage spaces available and used for the parking of motor vehicles.

(c) The garage of a boarding house shall remain free and clear of any permanent structures, including, but not limited to, walls, utility equipment and storage facilities, that preclude the parking of vehicles.

(d) An on-street semi-annual parking permit shall not be provided to any resident of a boarding house until it is verified through the inspection detailed in subsection (2) of this section that all available on-site parking spaces have been dedicated to and used solely for the parking of motor vehicles.

(5) Owner Operation and Occupancy.

(a) The owner of the single-family dwelling shall live on site, in the dwelling unit, throughout the term of a renter or boarder’s stay.

(b) Boarding houses that are not owner-occupied shall be prohibited.

(c) Only the owner of a single-family dwelling shall receive a permit to operate that single-family dwelling as a boarding house.

(d) The renter of an entire single-family dwelling shall not operate or receive a permit to operate a boarding house, nor shall any renter be permitted to rent and/or sublease any available or unoccupied room at the subject residence.

(e) The owner of a boarding house must submit a copy of the regulations detailed in this section to all boarders residing in the boarding house.

(6) Building Safety. The boarding house shall conform with all applicable requirements established by building and safety codes adopted by the city of Cerritos in this code.

(7) Prohibition of Garage Conversion. In accordance with regulations established in other sections of this code, the garage of a boarding house shall not be reduced in size, demolished or converted and shall retain its primary use of vehicle parking as indicated in the code for the zone in which the boarding house is located.

(8) Indemnification and Insurance. Boarding house owners shall indemnify and hold harmless the city, its officers, officials, employees, agents and volunteers from and against all claims, damages, expenses, costs, including attorneys’ fee, for bodily or personal injury, death or for property damages sustained as a result of operating a boarding house. Boarding house owners shall be required to maintain homeowner’s insurance and provide proof of homeowner’s insurance in accordance with subsection (2)(d) of this section. (Ord. 1006 §§ 3—11, 2016; Ord. 867 § 1, 2003)

22.40.260 Short-term rental.

The purpose and intent of this section is to prohibit all short-term rentals, in any residential zone, including but not limited to vacation rentals and home sharing activities as defined herein.

(1) Definitions. “Short-term rental,” “vacation rental” and “home sharing” are defined as set forth in Section 20.30.673.

(2) Short-Term Rentals Prohibited. Short-term rentals, including, but not limited to, vacation rentals and home sharing are prohibited in all residential zones. No permit or any other applicable license or entitlement for use, including the issuance of a business license, shall be approved or issued for the operation of a short-term rental in any residential zone throughout the city.

(3) Conflicting Ordinances. If any city ordinance or regulation or any part thereof is found in conflict with the provisions of this section, the provisions of this section shall apply.

(4) Civil Injunction. Violation of any provision in this section shall be and is declared to be a public nuisance and contrary to the public interest. In addition to other remedies provided by law, any violation of this section may be remedied by a civil action brought by the city attorney, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, or suits for injunctive relief. (Ord. 1005 § 3, 2016)

22.40.270 Trailers.

A trailer may be permitted by the city manager only as a temporary use on a lot provided that the owner complies with the provisions of Section 22.20.450 and obtains:

(1) A building permit for construction of a permanent building on the lot;

(2) Plan review by the department of community development;

(3) Plan review and site inspection by the building department.

The residential use of trailers and mobile homes is prohibited except for the temporary use of a trailer by a night watchman on a construction project, subject to the provisions of this section. (Ord. 770 § 1 (part), 1996; Ord. 419 § 1 (part), 1972)

22.40.280 Christmas trees sales.

Property in a nonresidential zone may be used for the sale of Christmas trees and wreaths provided that the provisions of Section 22.20.450 are complied with and the following:

(1) Such use is specifically authorized by the city manager;

(2) A city business license is obtained;

(3) The department of community development approves the signing, lighting, and setbacks;

(4) The building department determines that all proposed temporary improvements are in accord with fire and other codes;

(5) A surety bond of five hundred dollars is posted to insure that the property is restored to its original or otherwise satisfactory condition within the specified time limit established pursuant to Section 22.20.450(3). The city manager may waive the requirement for the posting of a surety bond or may reduce the amount of said bond required in the following instances:

(A) If the applicant is nonprofit or charitable organization;

(B) If the applicant possesses a valid city business license, conducts retail sales and the sale of the Christmas trees will be an accessory use, and that the use will be conducted on a fully improved parcel. (Ord. 770 § 1 (part), 1996; Ord. 577 § 1, 1980; Ord. 419 § 1 (part), 1972)

22.40.300 Marijuana/medical marijuana.

The purpose and intent of this chapter is to declare that the establishment and operation of marijuana/medical marijuana dispensaries, the cultivation of marijuana/medical marijuana, the delivery of marijuana/medical marijuana, and the establishment of any and all commercial marijuana and/or medical marijuana businesses, activities, and uses, as defined herein, shall constitute an unlawful use and a public nuisance within the city of Cerritos. This chapter is not intended to interfere with a patient’s right to medical marijuana in accordance with applicable federal or state law, including California Health and Safety Code Section 11362.5.

(1) Definitions.

(a) “Commercial marijuana and/or medical marijuana activity” means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of marijuana, medical marijuana, marijuana products, and/or medical marijuana products, except, as applicable, as set forth in subsection (3) of this section.

(b) “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming and/or processing of marijuana plants or any part thereof.

(c) “Delivery” means the commercial delivery, transfer, the arrangement for delivery of, or the use of any technology platform to arrange for or facilitate the commercial delivery of marijuana/medical marijuana, marijuana/medical marijuana edibles, or any marijuana/medical marijuana products to or from any location within the city of Cerritos, and any and all associated business and/or operational activities.

(d) “Dispensary” means any business, facility, or location, whether fixed or mobile, where marijuana and/or medical marijuana is made available to or distributed by or distributed to one or more of the following: a person, a primary caregiver, a qualified patient, or a patient with an identification card as those terms are defined in Health and Safety Code Section 11362.5 et seq.

(e) “Distribution” means the procurement, sale, and transport of marijuana, medical marijuana, marijuana products, and/or medical marijuana products between entities licensed for and/or engaged in commercial marijuana and/or medical marijuana activities.

(f) “Distributor” means an individual engaged in distribution of marijuana, medical marijuana, marijuana products, and/or medical marijuana products.

(g) “Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana and/or medical marijuana product.

(h) “Manufacturer” means a person that conducts the production, preparation, propagation, or compounding of marijuana, medical marijuana, marijuana products, and/or medical marijuana products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages marijuana, medical marijuana, marijuana products, and/or medical marijuana products or labels or relabels its container.

(i) “Marijuana” shall have the same definition as provided in the California Business and Professions Code Section 26001, for the term “cannabis,” and as may be amended, and means any or all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin or separated resin, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake or the sterilized seed of the plant incapable of germination. As used in this section, the term “cannabis” shall have the same meaning as “marijuana.”

(j) “Marijuana product” means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including but not limited to concentrated marijuana or an edible or topical product containing marijuana or concentrated marijuana and other ingredients.

(k) “Medical marijuana” means marijuana used for medical purposes in accordance with California Health and Safety Code Section 11362.5 and Section 11362.7 et seq.

(l) “Medical marijuana dispensary” shall not include the following uses, as long as medical marijuana is distributed within the scope of the licensed use and the location of such use is otherwise regulated by this code or applicable federal or state law, including Health and Safety Code Section 11362.5 et seq.:

(i) A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;

(ii) A healthcare facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code;

(iii) A facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code;

(iv) A residential care facility for persons with chronic life threatening illness, licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code;

(v) A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; or

(vi) A residential hospice, or home health agency, licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.

(m) “Medical marijuana product” means marijuana product used for medical purposes in accordance with state law, including California Health and Safety Code Section 11362.5 and Section 11362.7 et seq.

(n) “Microbusiness” shall have the same definition as provided in Section 26070 of the California Business and Professions Code, and as may be amended, and means a business which cultivates cannabis on an area less than ten thousand square feet and acts as a licensed distributor, Level 1 manufacturer, and retailer.

(o) “Nursery” means a person that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of marijuana and/or medical marijuana.

(p) “Person” means any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.

(q) “Retailer” shall mean a person engaged in the retail sale and/or delivery of marijuana, medical marijuana, marijuana products, and/or medical marijuana products to customers.

(r) “Testing laboratory” means a laboratory, facility, or entity that offers or performs tests on marijuana, medical marijuana, marijuana products, and/or medical marijuana products.

(2) Prohibited Uses. Any of the following prohibited activities or uses that take place in violation of any provision of this chapter is unlawful and is hereby declared a public nuisance, pursuant to Chapter 9.100:

(a) Prohibition of Marijuana/Medical Marijuana Dispensaries. The establishment and/or operation of a marijuana/medical marijuana dispensary, as defined in subsection (1) of this section, is prohibited in all zones throughout the city of Cerritos. No permit or any other applicable license or entitlement for use, including, but not limited to, the issuance of a business license, shall be approved or issued for the establishment or operation of a marijuana/medical marijuana dispensary within the city limits.

(b) Prohibition of Marijuana/Medical Marijuana Cultivation. Outdoor marijuana cultivation and indoor marijuana cultivation of more than six living marijuana plants by any person or entity, including primary caregivers and qualified patients, clinics, collectives, cooperatives and dispensaries, are prohibited in all zones within the city of Cerritos. No permit or any other applicable license or entitlement for use, including, but not limited to, the issuance of a business license, shall be approved or issued for the outdoor cultivation of marijuana/medical marijuana or indoor cultivation of more than six living marijuana plants within the city limits. Indoor marijuana cultivation of up to six living marijuana plants for personal use shall be permitted in residential zones only and shall comply with subsection (3) of this section and all applicable laws.

(c) Prohibition of Marijuana/Medical Marijuana Deliveries. Marijuana delivery by any person, entity, including primary caregivers and qualified patients, clinics, collectives, cooperatives and dispensaries, is prohibited in all zones within the city of Cerritos. No person shall deliver and/or dispense marijuana, medical marijuana, and/or any marijuana-infused products to any location within the city from a mobile marijuana dispensary or any other vehicle or method, regardless of where the mobile marijuana delivery or vehicle is located or based, or engage in any operation for this purpose. No permit or any other applicable license or entitlement for use, including, but not limited to, the issuance of a business license, shall be approved or issued for the delivery of marijuana/medical marijuana within the city limits.

(d) Prohibition of Commercial Marijuana/Medical Marijuana Activities or Uses. The establishment, operation, conduct, or allowance of any commercial marijuana and/or medical marijuana business, activity, or use as defined in this section, including, but not limited to, non-profit, collective, and cooperative operations, shall be prohibited within the city of Cerritos. The issuance of any permit, license, or entitlement for commercial marijuana and/or medical marijuana activity or use shall be prohibited. The businesses, activities, and uses authorized under new or revised state licenses or any other state authorization, to allow any type, category, or classification of marijuana and/or medical marijuana commercial activities or similar operations shall be prohibited, including but not limited to any activity covered by the California state license classifications listed below, as provided for in California Business and Professions Code Section 26050:

(i) Type 1 = Cultivation; Specialty outdoor; Small.

(ii) Type 1A = Cultivation; Specialty indoor; Small.

(iii) Type 1B = Cultivation; Specialty mixed-light; Small.

(iv) Type 1C = Cultivation; Specialty cottage; Small.

(v) Type 2 = Cultivation; Outdoor; Small.

(vi) Type 2A = Cultivation; Indoor; Small.

(vii) Type 2B = Cultivation; Mixed-light; Small.

(viii) Type 3 = Cultivation; Outdoor; Medium.

(ix) Type 3A = Cultivation; Indoor; Medium.

(x) Type 3B = Cultivation; Mixed-light; Medium.

(xi) Type 4 = Cultivation; Nursery.

(xii) Type 5 = Cultivation; Outdoor; Large.

(xiii) Type 5A = Cultivation; Indoor; Large.

(xiv) Type 5B = Cultivation; Mixed-light; Large.

(xv) Type 6 = Manufacturer 1.

(xvi) Type 7 = Manufacturer 2.

(xvii) Type 8 = Testing laboratory.

(xviii) Type 10 = Retailer.

(xix) Type 11 = Distributor.

(xx) Type 12 = Microbusiness.

(3) Indoor Marijuana Cultivation of Up to Six Living Marijuana Plants for Personal Use.

(a) Indoor Cultivation Requirements. Indoor marijuana cultivation of up to six living marijuana plants by any person shall be permitted only in residential zones within the city of Cerritos and shall conform to the following minimum standards:

(i) Cultivation shall only be conducted within a primary residential structure, and all areas used for cultivation shall comply with all Los Angeles County Building, Electrical, Mechanical and Fire Codes, adopted by reference by the city of Cerritos in Chapters 15.04, 15.12, 15.16, and 15.24, respectively.

(ii) Cultivation shall be limited to up to six living marijuana plants.

(iii) Marijuana plants shall be cultivated by a person or primary caregiver exclusively for personal use only and shall not be donated, sold, distributed, transported, or given to any other person or entity, pursuant to applicable state law.

(iv) The person or primary caregiver cultivating the marijuana shall reside full-time on the premises where the marijuana cultivation occurs.

(v) Indoor lights required for marijuana cultivation in any structure shall not exceed an aggregate of one thousand two hundred watts and shall comply with all applicable building code regulations.

(vi) Gas products (including, without limitation, CO2, butane, propane, and natural gas) or generators shall not be used for the cultivation of marijuana.

(vii) Any residential structure used for the cultivation of marijuana must have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the structure and that shall comply with all applicable building code regulations, including obtaining all required permits and approvals. The ventilation and filtration system must be approved by the city and installed prior to commencing cultivation within the fully enclosed and secure residential structure.

(viii) Marijuana cultivation occurring within a residential structure shall be in a cumulative area totaling no larger than fifty square feet.

(ix) The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping, and sanitation facilities with proper ingress and egress. These rooms shall not be used for marijuana cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping, and bathing.

(x) The garage of a residential structure shall not be used for marijuana cultivation and shall remain free and clear of marijuana cultivation equipment or living marijuana plants.

(xi) Marijuana cultivation areas shall have adequate mechanical locking or electronic security systems installed prior to cultivation, and said areas shall remain secure at all times and not be accessible to persons under twenty-one years of age.

(xii) A portable fire extinguisher, which complies with the regulations and standards adopted by the State Fire Marshal and applicable law, shall be kept in the same room as where the cultivation occurs.

(xiii) No exterior evidence of marijuana cultivation occurring at the property shall be visible from public view.

(xiv) Cultivation shall be permitted only after registration with the city, as provided in subsection (3)(b) of this section.

(b) Indoor Cultivation Registration and Permit. Prior to commencing any marijuana cultivation, the person(s) or primary caregiver(s) owning, leasing, occupying, or having charge or possession of any residential property where marijuana cultivation is proposed to occur must be registered and shall obtain an indoor cultivation permit from the department of community development prior to cultivation. Any registration under this section is unique to both the holder(s) and location. In the event a property is sold, transferred, or leased to a new tenant, the registration for that subject property shall expire upon such sale, transfer, or lease. If a person or primary caregiver moves to a new residence, he or she shall obtain a new registration for that residence. Every person shall renew his or her registration annually. To the extent permitted by law, any personal information submitted for marijuana cultivation registration or renewals shall be kept confidential and shall only be used for purposes of administering this section. The following information will be required with the initial registration and permit application and subsequent annual renewals:

(i) Property owner acknowledgement of cultivation of marijuana at the subject property.

(ii) The name of each person owning, leasing, occupying, or having charge of any legal parcel or premises where marijuana will be cultivated.

(iii) The name of each person or primary caregiver who participates in the marijuana cultivation.

(iv) The subject property address of where the marijuana will be cultivated and a description of the growing area(s).

(v) A signed consent-to-enter form, acceptable to the city, authorizing city staff and its representatives, including the police and fire departments, to conduct an inspection of the detached, fully enclosed and secure residential structure used for the cultivation of marijuana upon twenty-four hours’ notice, for the purpose of ensuring compliance with the required minimum standards contained within this section.

(c) Fees. The city council may adopt a fee or fees required to be paid upon filing of registration(s) as provided by this section, which fees shall not exceed the reasonable cost of administering this section. The city council may adopt and amend any fee by resolution.

(4) Use of Marijuana/Medical Marijuana. The personal use of marijuana/medical marijuana shall be prohibited in all locations identified in Section 9.49.020, including the Cerritos Iron-Wood Nine golf course itself.

(5) Use or Activity Prohibited by State or Federal Law. Nothing contained in this section shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law.

(6) Civil Injunction. The violation of any provision in this section shall be and is declared to be contrary to the public interest and shall, in addition to any other remedy and at the discretion of the city, create a cause of action for injunctive relief. (Ord. 1018 §§ 5—8, 2017; Ord. 1008 §§ 6—9, 2016; Ord. 1002 § 7, 2016: Ord. 958 § 1, 2011)

22.40.320 Electronic cigarette establishments.

The purpose of this section is to prohibit the establishment, location, or operation of electronic cigarette establishments that primarily sell, distribute, or otherwise furnish any device manufactured, marketed, or sold as an electronic cigarette, in any zoning district located within the city of Cerritos.

(1) Definitions. For the purpose of this section, the following terms shall have the following meanings unless it is clear from the context that a different meaning is intended:

(a) “Electronic cigarette” means any operating or functioning electronic and/or battery operated device, including any component, part, or accessory of such a device, that can deliver an inhaled dose of nicotine or other substances, including, but not limited to, personal vaporizers.

(b) “Electronic cigarette establishment” means any facility, location, or entity of any nature whose primary use is the sale or distribution of electronic cigarettes, or associated ingredients, materials, or paraphernalia.

(2) Electronic Cigarette Establishments Prohibited. The establishment and/or operation of an electronic cigarette establishment, as defined in subsection (1) of this section, is prohibited in all zones throughout the city of Cerritos. No permit or any other applicable license or entitlement for use, including but not limited to the issuance of a business license or tobacco retailer license, shall be approved or issued for the establishment or operation of an electronic cigarette establishment.

(3) Conflicting Ordinances. If any city ordinance or regulation or any part thereof is found in conflict with the provisions of this section, the provisions of this section shall apply.

(4) Nuisance—Remedies. Violation of any provision in this section shall be and is declared to be a public nuisance and contrary to the public interest. In addition to other remedies provided by law, any violation of this section may be remedied by a civil action brought by the city attorney, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, or suits for injunctive relief. (Ord. 998 § 2, 2015)

22.40.410 Fireworks.

Refer to Chapter 9.08 of this code. (Ord. 419 § 1 (part), 1972)

22.40.500 Amusement games.

(a) Amusement games shall be permitted as an incidental or accessory use in any zone, except residential zones. Four or more such amusement games may be permitted as an incidental or accessory use subject to the approval of the director of community development where the following conditions are met:

(1) Not more than one amusement game for each one thousand square feet of gross floor area shall be permitted; provided, that no more than a total of twenty such games shall be permitted; and

(2) The director determines that adequate ingress and egress is provided; that appropriate noise mitigation measures are taken; that the character of the use is compatible with associated and surrounding uses; and that all other appropriate measures are taken.

(b) Game arcades, when permitted in a zone or development area, shall be subject to the following:

(1) The walls separating the game arcade from adjoining uses shall have a Sound Transmission Class Rating of 56.

(2) Entrance doors shall be equipped with an automatic self-closing system.

(3) Public restroom facilities shall be provided within the facility for customer use. There shall be a men’s and women’s restroom each with a minimum of two water closets.

(c) Any premises in which amusement games are legally established on the date the ordinance codified in this section becomes effective shall be brought into conformity the provisions of this section by removal of the amusement games, receipt of appropriate permits, and/or completion of necessary modifications and improvements within one year of the date this section becomes effective. (Ord. 770 § 1 (part), 1996; Ord. 601 § 4, 1982)

22.40.530 Automobile service stations.

In addition to any requirements of conditional use approval and of the zone or development area in which located, service stations shall be subject to the following minimum requirements:

(1) Lot Area. The minimum area of the parcel or lot shall not be less than twenty-two thousand five hundred square feet;

(2) Street Frontage. Each lot shall have a minimum frontage of not less than one hundred fifty feet on each abutting street;

(3) Architecture. The architecture of the service station building shall be of a type generally classified as “ranch style” or “residential style.” The architectural theme shall be integrated into the design of all improvements of the site including canopies and fencing;

(4) Setbacks. No building or structure shall be located less than fifteen feet from any property line abutting a street or less than twenty-four feet from any property line abutting another lot or an alley, except as follows:

(a) A canopy or roof structure over a pump island may encroach ten feet into the required setback area on the street frontage,

(b) If the station is an integral part of a commercial complex, the interior setbacks may be a minimum of twelve feet;

(5) Location and Orientation of Improvements. Buildings, other structures and landscaping shall be located between streets and gasoline pumps in such a manner that activity at gasoline pumps is screened. Service bays within the building shall be designed to open only to the rear of an interior lot or to the interior corner of a corner lot. The main building shall be designed to provide access only on sides not facing a street. The above provisions on the location and orientation of improvements may be waived or modified in order to avoid any possible nuisance that may be caused to an adjacent use;

(6) Hoists. Hoists and other space and facilities for the repair of vehicles shall be within a building and any open side of such building shall be substantially screened from view from streets and from adjacent property by means of decorative walls, fences and/or landscaping;

(7) Driveways. The following conditions shall apply to the location of driveways:

(a) Driveway entrances to the service station shall not be within five feet of the curb return,

(b) Driveways may be required to be located at the greatest possible distance from a street intersection or at such other location as is considered to interfere least with the movement and safety of vehicular and pedestrian traffic,

(c) Where access from an internal circulation system of a shopping center or public parking area is available, direct street access to a service station may be prohibited or restricted;

(8) Parking. A minimum of eight parking spaces shall be provided. Parking within the service bay shall not be construed as providing any of the required parking herein stated. No vehicles or trailers shall be parked or stored on the premises for the purpose of storage or lease;

(9) Lighting. Any perimeter flood lighting shall be installed on private property and shall be hooded or shielded so that no direct beams therefrom fall upon other private property. Indirect soft lights and low garden lights shall be used wherever possible, and shall be required as necessary to assure compatibility with adjacent and surrounding properties;

(10) Landscaping. All landscaped areas shall be enclosed by a six-inch concrete or reinforced masonry curbing, provided with a permanent automatic sprinkling system, planted with trees of at least fifteen gallon size, shrubs of at least five gallon size, suitable ground cover, and permanently maintained as follows:

(a) A ten foot wide planter along all streetside property lines except for driveway openings,

(b) On corner lots, a minimum of one hundred fifty square feet of planter area at street comers between the sidewalk and a line between the driveway openings at the intersecting streets,

(c) At least fifteen percent of the nonbuilding area of the parcel shall be landscaped;

(11) Restrooms. The entrance to all comfort rooms shall be screened from abutting properties by a decorative screen which matches the exterior building material;

(12) Fencing. A decorative block wall six feet in height from finished grade shall be provided on all property lines that do not abut a street, alley or parking area, with the exception that a wall may not be required for a service station that is an integral part of a commercial center;

(13) Operations. The following conditions shall apply to service station operation:

(a) No public address system or speakers shall be located outside of the structures or be audible outside of the structure,

(b) All servicing of vehicles other than the minor servicing normally conducted at the pump island shall be conducted within the building;

(14) Storage. The following provisions shall apply to storage:

(a) All materials shall be stored and displayed only within a building or from permanently installed cabinets located on pump islands,

(b) No used or discarded automotive parts or equipment or permanently disabled junk or wrecked vehicles shall be located or stored outside the service station building,

(c) Trash shall be stored in areas shielded from public view by a minimum six foot high wall matching the exterior building material. Trash shall not be stored or piled above the height of the wall;

(15) Other reasonable conditions may be imposed by the planning commission and/or city council which are deemed necessary to preserve and protect the public health, safety and general welfare;

(16) Signs. Chapter 22.48 shall apply to automobile service stations;

(17) Removal of Service Stations. In addition to other requirements set forth in this section, the operator of a service station shall maintain the premises at all times in a neat, clean and orderly condition. As a prerequisite to the granting of a precise plan for a service station, the applicant shall be required to post a cash deposit or faithful performance bond in a penal sum set by the building inspector guaranteeing the removal of all structures and improvements on, over and under the premises at such time as the service station operation is abandoned. For the purpose of this section a service station shall be deemed abandoned when the bona fide operations commonly associated with a service station are discontinued for a period of one hundred twenty consecutive days or a minimum of one hundred eighty days in any twelve-month period:

(a) When the planning director finds that service station operation has been discontinued for one of the periods specified herein, he shall serve a notice on the recorded owner of the property and the operator of the station advising them of the time and place at which the planning commission will conduct a public hearing to ascertain whether the service station has been abandoned and which structures and improvements are to be removed. A copy of the notice shall be served upon all holders of record of any mortgage, deed of trust, assignment of rents or accounts receivable or any other encumbrances on the property and on the party who is surety under the bond posted to guarantee removal of the structure. Service of the notice shall be made upon all persons entitled thereto, either personally or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last equalized assessment roll of the county or as known to the planning director. If no address of any such persons so appears, then a copy of the notice shall be so mailed addressed to such person at the address of the building involved in the proceedings. The failure of any such person to receive notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing,

(b) At the hearing, which shall be set not less than ten days nor more than forty-five days after the service of the notice thereof, the planning commission shall hear testimony on the issue as to whether the service station has been abandoned and, if an abandonment is found to exist, shall determine the structures and improvements to be removed and the period in which such removal shall be accomplished,

(c) Any interested party has a right to appeal the decision of the planning commission to the city council by delivering a written notice of appeal to the city clerk within ten days from the date of the decision and paying the appeal fee which may from time to time be adopted by resolution. The decision of the planning commission shall be held in abeyance pending the decision of the city council on the appeal,

(d) The hearing on appeal before the city council shall be held not less than ten days nor more than forty-five days after receipt of the notice of appeal. Notices of hearings shall be served by the city clerk on the parties and in the manner designated in paragraph (1). The hearing before the city council shall be limited to the matters set forth in the notice of appeal, and the decision of the city council on these matters shall be final,

(e) In the event the removal is not accomplished within the time limit specified by the planning commission, or if an appeal be taken, then by the city council, the city shall exercise its right to compel removal under the faithful performance bond or shall perform the work and apply the cash deposit to pay for the costs of removal. Any excess deposit over the actual cost of removal shall be returned to the person making the deposit.

(18) Conversion of Existing Service Stations. An existing automobile service station may be converted to a convenience service station if all requirements set forth in Section 22.40.540 are met and upon the submission and approval of a conditional use permit. If new structures or changes to the exterior of existing structures are proposed, then a precise plan is also required. The planning commission and city council shall approve the final precise plan and conditional use permit for the conversion of an existing service station. (Ord. 909 § 4, 2006; Ord. 517 § 7, 1976; Ord. 419 § 1 (part), 1972)

22.40.540 Convenience service stations.

In addition to any requirements of conditional use approval and of the zone or development area in which located, convenience service stations shall be subject to the minimum requirements from the provisions in Section 22.40.530 in addition to the following minimum requirements, which shall supersede any inconsistent requirements:

(1) Location and Orientation of Improvements.

(a) Buildings, other structures, or landscaping shall be oriented in such a way that they will not be a nuisance to adjacent uses.

(b) Service bays are not permitted in any location.

(c) If the subject property is immediately adjacent to any residential use, there shall be a block wall measuring at least eight feet in height separating the subject property from said residential use. The areas along said block wall shall be heavily landscaped so as to create a buffer between the two uses.

(d) The exterior of the convenience service station, including adjacent public sidewalks and all parking lots under the control of the convenience service operator, shall be illuminated during all hours of darkness during which the premises are open for business in a manner so that persons standing in those areas at night are identifiable by law enforcement personnel. The required illumination shall be placed so as to minimize interference with the quiet enjoyment of nearby residents of their property.

(e) The above provisions on the location and orientation of improvements may be waived or modified by the director of community development in order to avoid any possible nuisance that may be caused to an adjacent use due to fumes, exhaust, and/or noise.

(2) Architecture. The architecture of convenience service stations shall be consistent and compatible with the character of surrounding properties. The building design shall not contain service bay doors and other remnants of former operations as an automobile service station prohibited in this section.

(3) Hoists. Hoists and other similar or related facilities for the repair of vehicles shall not be permitted.

(4) Parking. The provisions of Section 22.74.500(2)(d) shall apply: one parking space for each two hundred square feet of gross floor area of the convenience goods store area is required. No vehicles or trailers shall be parked or stored on the premises for the purpose of storage or lease.

(5) Operations. The following conditions shall apply to convenience service station operations:

(a) No public address system or speakers shall be located outside of the structures or be audible outside of the structures.

(b) No drive-through service shall be permitted.

(c) Automobile car washes shall be prohibited on the premises.

(d) No servicing of vehicles other than the minor servicing normally conducted at the pump island shall be conducted on the premises.

(e) Automobile repair services as defined in Chapter 22.30 shall not be permitted.

(f) Convenience service stations may sell a wide variety of food and beverage products inside the main building; provided, that the products are sold for off-site consumption. The following conditions shall apply to the convenience goods store component of convenience service stations:

(i) No interior seating in the convenience goods store area is permitted.

(ii) The convenience goods store area shall be open no earlier than six a.m. nor later than ten p.m. if the subject property is immediately adjacent to any residential use; or no earlier than six a.m. nor later than twelve a.m. if the subject property is contiguous only to parcels zoned regional commercial (CR), community commercial (CC) or neighborhood commercial (CN).

(6) Sale of Alcohol. The following conditions shall apply to the sale of alcoholic beverages in convenience service stations:

(a) Only the sale of beer and wine pursuant to an off-site license as issued by the California Department of Alcoholic Beverage Control shall be approved for convenience service station operators.

(b) No beer or wine shall be consumed on the premises of the convenience service station.

(c) No beer or wine shall be displayed within five feet of the cash register or front door.

(d) No display of beer or wine shall be located on or at motor fuel islands and no self-illuminated advertising or advertisements of any kind shall be located on buildings and windows.

(e) No display or sale of beer or wine shall be made from an ice tub.

(f) Employees on duty who sell beer or wine shall be at least twenty-one years of age.

(g) If the subject property is immediately adjacent to any residential use, the sale of beer or wine inside the convenience goods store shall be limited to the hours between six a.m. and eight p.m.

(h) Any violation of the issued CUP may be grounds for revocation proceedings.

(7) Standards. The standards stated in this section, as well as the Alcoholic Beverage Control Act of the California Business and Professions Code, shall apply to all convenience service stations; provided, that in instances of conflicting requirements, the more restrictive standards shall apply. (Ord. 909 § 5, 2006)

22.40.630 Automobile repair.

In addition to any requirements of conditional use approval and/or the requirements of Chapter 22.29 of this code pertaining to the industrial/commercial zone, automobile repair facilities may be permitted subject to the following minimum requirements and other such requirements as the city council and/or the planning commission may impose in order to preserve and protect the public peace, health, safety and general welfare of the community, and in order to be consistent with the provisions of the Cerritos general plan and applicable ordinances of the city.

(1) Site Plan and Architecture.

(a) In approving conditional uses, precise plans and building permits, emphasis shall be given to design quality in order to maintain high environmental standards including but not limited to:

(i) Compatibility of architecture, site design and land uses with adjacent developments, structures and properties;

(ii) Visually harmonious with the developments of the area;

(iii) Maintaining a safe, healthy, clean, attractive and ecologically balanced environment;

(iv) Control of nuisances and negative environmental factors such as noise, air quality, solid waste disposal, wastewater, groundwater quality, vibration, lighting and glare and other environmental considerations, in compliance with the standards of the city; and

(v) Operating so as not to cause detrimental effects on adjacent land uses or the community environment as a whole.

(b) The automobile repair facility shall be compatible with the surrounding properties and uses, and all aspects of site design shall be integrated so as to facilitate the usage of large areas and to encourage an open landscaped design. Buildings which contain service bays and repair areas shall provide access to said areas only from that side of the building not facing a street. Normal pedestrian access may be permitted on that side of the building facing the street provided, however, said access shall not permit visibility from the street into bays and repair areas. A canopy, overhang, trellis or other building projection may be required to screen visibility from elevated streets and highways into service bays and repair areas.

(c) Innovative site and architectural design shall be encouraged, provided, however, that the activities normally associated with the permitted uses shall be conducted within enclosed structures and screened from view as hereinabove required.

(2) Parking. A minimum of one space shall be provided for each five hundred square feet of total gross floor area used for office or reception area. In addition, two spaces shall be provided for each service stall and/or designated repair area. Vehicles which are in a state of repair shall be parked or stored within a totally enclosed structure or building at all times.

(3) Hoists and Repair Areas. Hoists, ramps, lifts, service bays, repair areas and other spaces, facilities and/or equipment associated with the repair of vehicles shall be within totally enclosed buildings and structures, and any open side or access area to such buildings and structures shall be fully screened from view from streets, elevated streets and freeways, and from adjacent properties by means of decorative slumpstone or split face block walls, fences and/or landscaping.

(4) Operations.

(a) No public address system or speakers shall be located outside of the structures or be audible outside of the structures.

(b) All servicing and/or the repair of vehicles shall be conducted totally within the buildings or structures.

(c) The property shall be maintained in a clean and orderly manner at all times of operation.

(d) Activities associated with estimation of repairs shall occur on the property and shall not interface with the normal circulation of the property. Parking stalls shall be designated for this type of activity.

(e) All equipment which may be necessary for the operation of repair activities including but not limited to transformers, air compressors and motors shall either be located within the buildings or shall be completely screened by a block wall and/or landscaping.

(5) Storage. No discarded automotive parts or equipment, used or permanently disabled junk, or wrecked vehicles shall be located or stored outside the buildings or structures. (Ord. 487 § 3, 1975)

22.40.700 Recycling facilities.

In 1986 the Beverage Container and Litter Reduction Act (AB 2020) was passed to establish a system to promote the recycling and reuse of beverage containers sold in the state. The Act requires the establishment of certified recycling facilities within predetermined convenience zones throughout the city for customers to redeem glass, aluminum, plastic and nonaluminum beverage containers.

The requirements set forth in this section are deemed necessary to respond to the requirements of the Act by providing regulations for the siting and establishment of recycling facilities to ensure compatibility with surrounding development and maintain a high quality of development throughout the city.

(1) The approval of collection facilities shall be as follows:

(a) The following collection facilities shall be permitted within convenience zones as an incidental or accessory use established in conjunction with a commercial use in neighborhood commercial CN, community commercial CC or regional commercial CR zones subject to the development standards of this section and review and approval by the director of community development.

(i) Reverse vending machines;

(ii) Small collection facilities.

(b) Large collection and/or recyclable material processing facilities shall be permitted as a primary use in light industrial M, industrial/commercial MC and area development plan one ADP-1 zones subject to the requirements of conditional use permit approval, the development standards of the land use zone and the requirements of this section.

(c) All recycling facilities shall be certified or have applied for certification by the Department of Conservation.

(d) All recycling facilities shall be subject to the review and approval of the building official where required by the building code.

(e) All recycling facilities shall conform to the environmental performance standards of the city (Chapter 22.80).

(f) Reasonable conditions of approval may be imposed to mitigate any negative impacts from the installation of recycling facilities or equipment.

(2) Development Standards. Recycling facilities shall be located, designed, constructed, treated and maintained in accordance with the following standards:

(a) Reverse Vending Machines (three or less)

(i) Shall be established in conjunction with a commercial facility which is in compliance with building, development and fire codes of the city;

(ii) If located on the exterior of the building, machines shall be located within thirty feet of the entrance to the building and shall not obstruct pedestrian or vehicular circulation;

(iii) Shall be separated by a minimum of fifteen feet from any food or beverage vending machines;

(iv) Shall occupy an area not to exceed fifty square feet per installation, including any protective enclosure, and shall be no more than eight feet in height;

(v) May sort and process containers mechanically; provided, that the entire process is enclosed within the machine;

(vi) Shall be constructed and maintained with durable waterproof material;

(vii) Shall be clearly marked to identify the type of material to be deposited, operating instructions and the identity and telephone number of the operator or responsible person to call if the machine is inoperative;

(viii) If more than one reverse vending machine is installed, the machines shall be grouped together and the style, color and signage of the machines shall be coordinated;

(ix) Shall have a sign area of a maximum of four square feet per machine, exclusive of operating instructions;

(x) Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn;

(xi) Operating hours shall be at least the operating hours of the host use;

(xii) Collection of recyclable materials from reverse vending machines shall not be conducted prior to nine a.m. or after five p.m.;

(xiii) Shall be maintained in a clean, litter-free condition on a daily basis.

(b) Small Collection Facilities.

(i) Shall be established in conjunction with an existing commercial facility which is in compliance with development, building and fire codes of the city;

(ii) All facilities shall comply with setback requirements of the land use zone and shall not obstruct pedestrian or vehicular circulation;

(iii) Bulk reverse vending machines or a group of four or more reverse vending machines may be located in existing parking areas subject to the following requirements:

(A) A permanent enclosure shall be provided, subject to design review and approval by the director of community development,

(B) All structures and installations shall comply with applicable building and electrical code requirements;

(iv) Small collection facilities not specified above in Subsection (2) (b) (iii) shall be located behind the main building of the primary host use and/or in an area not visible from a public right-of-way;

(v) Shall occupy an area not to exceed five hundred square feet and displace no more than five parking spaces not including space that will be periodically needed for removal of materials or exchange of containers;

(vi) No additional parking spaces will be required for customers of a small collection facility located in the existing parking lot of a host use. One space will be provided for the attendant, if needed;

(vii) Parking spaces displaced by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use;

(viii) Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;

(ix) The facility shall not impair the existing landscaping;

(x) The facility shall accept only glass, metals, plastic containers, papers and reusable items;

(xi) No power-driven processing equipment, except for reverse vending machines, shall be permitted;

(xii) Attended facilities located within one hundred feet of a property zoned for residential use shall operate only during the hours between nine a.m. and seven p.m., Monday through Friday, and during the hours between ten a.m. and six p.m. on Saturday and Sundays;

(xiii) Containers shall be constructed of durable waterproof and rustproof material, completely enclosed and secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected;

(xiv) Containers shall be clearly marked to identify the type of material which may be deposited. A notice stating that no material shall be left outside the container or recycling enclosure shall be displayed;

(xv) The facility shall be marked to identify the name and telephone number of the facility operator and the hours of operation;

(xvi) Signs may be provided as follows:

(A) Recycling facilities may have identification signs with a maximum of six square feet per side,

(B) Signs shall be consistent in design and color with the architectural character of the existing development and shall comply with sign regulations for the land use zone (Chapter 22.48),

(C) Directional signs, bearing no advertising message, may be installed with the approval of the director of community development if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way;

(xvii) Donation areas shall be illuminated to ensure comfortable and safe operation;

(xviii) All recyclable material shall be stored in containers or in the mobile unit vehicle, and shall not be left outside containers;

(xix) Site and facilities shall be maintained free of litter and any other undesirable materials. The area reserved for mobile facilities shall be swept when the units are removed or replaced with another unit. The containers can only be emptied or exchanged between the hours of ten a.m. and six p.m. Monday through Saturday.

(c) Large Collection Facilities and Recyclable Material Processing Facilities. In addition to any requirements of conditional use approval and the requirements of the land use zone, large collection and recyclable material processing facilities shall be permitted subject to the following minimum requirements:

(i) All operations and storage of equipment and materials shall be conducted completely within enclosed buildings;

(ii) Setbacks and landscape requirements shall be those provided for in the land use zone in which the facility is located;

(iii) Recyclable material processing facilities shall not shred, compact or bale ferrous metals other than food and beverage containers. Storage, wrecking and salvaging of automobile/truck/vehicle parts shall not be permitted;

(iv) Used oil may be accepted in accordance with Section 25250.11 of the California Health and Safety Code and subject to the environmental performance standards (Chapter 22.80) of the city. Oil refining operations shall not be permitted;

(v) Parking shall be provided on-site as follows:

(A) One space for each one thousand square feet of gross floor area for the first twenty thousand; one space for each two thousand square feet of gross floor area for the second twenty thousand and one space for each four thousand square feet of gross floor area in excess of the first forty thousand feet of gross floor area,

(B) In addition, one space for each vehicle operated on or from the property, the size of the space to be adequate to accommodate the size of the vehicle,

(C) In addition, one space for each two hundred fifty square feet of gross floor area of office space within the building;

(vi) Sign requirements shall be as provided in Section 22.48 of this code;

(vii) If the facility is open to the public, containers shall be secured from unauthorized entry or removal of materials and shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside containers;

(viii) Power-driven processing operations shall comply with the environmental performance standards (Chapter 22.80) of the city;

(ix) The facility shall be administered by on-site personnel during the hours the facility is open;

(x) No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties;

(xi) Site shall be maintained free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis.

(3) Application for Approval. Prior to installing any reverse vending machines or small collection facilities, an application shall be submitted to and approved by the director of community development. In addition to the information required on the application form, the following shall be submitted at the time of filing:

(a) A site plan of the entire property showing the proposed location of the facility, existing parking layouts with the total number of spaces, existing structures and the dimensions of all buildings and distances from property lines.

(b) Elevation drawings, drawn to scale, showing size, color and signage of the proposed facilities;

(c) The applicant or operator of the facility shall show written proof that the property owner has authorized the operation of the facility on the property;

(d) Manufacturer’s specifications for all recycling equipment;

(e) Engineering drawings and calculations, as required, in accordance with the building code.

(4) Enforcement of these guidelines shall be as follows:

(a) All recycling facilities and equipment shall be maintained in good condition and in accordance with all requirements of this section;

(b) All recycling facilities shall be subject to periodic reinspection. Any changes, additions or modifications shall conform to the requirements of this section and are subject to the review and approval of the director of community development;

(c) Failure to abide by and faithfully comply with this section or with any and all conditions that may be imposed shall constitute grounds for the revocation of the approval by the director of community development. (Ord. 770 § 1 (part), 1996; Ord. 682 § 1, 1989)

22.40.830 Oil and gas drilling.

The drilling for oil, gas or other hydrocarbon substances is prohibited in any zone in the city. (Ord. 419 § 1 (part), 1972)

22.40.910 Radio and television antennas.

Radio and television antennas may be installed, erected and maintained within all land use zones of the city, but only in accordance with the provisions of this section. The term “antenna,” as used in this chapter, means any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves which system is external to or attached to the exterior of any building. Antennas shall include devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom which may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna. The height of an antenna shall be the total maximum to which it is capable of being raised and shall be measured from the highest point of the finished grade adjacent to the structure if ground-mounted or from the peak of the roof if roof-mounted. All antennas shall be subject to the following:

(1) Approval of Antennas. No antennas shall be permitted within the city except as follows:

(a) Roof-mounted antennas are permitted where the boom, or any active element of the antenna array is fifteen feet or less in length; provided, that they are in conformity with the development standards of this section.

(b) The following antennas shall be permitted when reviewed and approved by the director of community development and if in conformity with the development standards of this section.

(i) All roof-mounted antennas where the boom or any active element of the antenna array is longer than fifteen feet.

(ii) All ground-mounted antennas.

(c) All antennas shall be subject to the review and approval of the building official where required by the building code.

(2) Development Standards. All antennas shall be located, designed, constructed, treated and maintained in accordance with the following standards:

(a) Antennas shall be installed and maintained in compliance with the requirements of the building code.

(b) The maximum number of antennas, including television antennas, that may be installed on any lot shall not exceed three; and may include:

(i) No more than two ground-mounted antennas, one of which shall not exceed forty feet in height and shall comply with the provisions of subsection (2) (f) of this section, and the other of which may be a vertical antenna only which shall not exceed thirty feet in height; or

(ii) No more than two roof-mounted antennas.

(c) Antennas which are roof-mounted shall not extend higher than fifteen feet above the peak of the roof, except a single vertical pole antenna may extend to twenty feet above the peak of the roof. Disc antennas exceeding twenty-four inches in diameter shall not be permitted on the roof except as otherwise provided in this subsection. In commercial and industrial zones, disc antennas up to twelve feet in diameter may be installed subject to the following conditions:

(i) All parts of the disc antenna shall be completely screened by an enclosure so as not to be visible from the following adjacent land uses: residential, public open space and rights-of-way, including elevated streets or freeways, and one or two-story structures. Screening shall be provided by a parapet of sufficient height; provided, however, that if the building’s roof is visible from an elevated street or freeway regardless of the presence of a parapet, additional screening shall be provided by a decorative screen of sufficient height to meet the requirements of this section. In those situations where the antenna cannot be completely screened because of the elevation of streets or highways, such additional screening shall be subject to the approval of the director of community development.

(ii) Installation of the disc antenna shall meet all requirements set forth in the building code, including, but not limited to, wind load requirements.

(d) Ground-mounted antennas shall not exceed forty feet in height.

(e) Not more than one antenna where the boom or any active element of the antenna array is longer than fifteen feet shall be permitted on any lot.

(f) Stacking of antennas may be permitted when stacked in a ground-mounted antenna configuration; provided, that not more than three such antennas are attached to the tower. For the purposes of this section, such antennas shall be considered one antenna and shall be subject to all the requirements of this section.

(g) Antennas shall be erected or maintained to the rear of the main building, except in those instances when the subject property is a cul-de-sac or corner lot where the side yard is larger than the rear yard in which case the antenna may be located in the side yard. Antenna towers shall not be located in any required setback area. No portion of an antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area, but may be attached to the building.

(h) Antennas may be roof or ground-mounted, freestanding or supported by guy wires, buildings or other structures in compliance with the manufacturer’s structural specifications. Ground-mounted antennas shall be any antenna with its base mounted directly in the ground, even if such antenna is supported or attached to the wall of a building. Fixed-guyed antenna towers shall be fascia-mounted or guyed according to approved standards. Wire antennas that are not self supporting shall be supported by objects within the property lines, but not within any front yard areas.

(i) The antenna, including guy wires, supporting structures and accessory equipment shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets. Antennas should be screened through the addition of architectural features and/or landscaping that harmonize with the elements and characteristics of the property.

The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish or reflective.

(j) Antennas shall meet all manufacturer’s specifications. The mast or tower shall be of noncombustible and corrosive-resistant material. The miscellaneous hardware, such as brackets, turnbuckles, clips and similar type equipment subject to rust or corrosion shall be protected with a zinc or cadmium coating by either galvanizing or sherardizing process after forming. These finishes are selected to guard against corrosion and to protect the elements against electrolytic action due to the use of adjoining dissimilar metals.

(k) Whenever it is necessary to install an antenna near power lines, or where damage would be caused by its falling, a separate safety wire must be attached to the antenna mast or tower, and secured in a direction away from the hazard. Transmission lines must be kept at least twenty-four inches clear of telephone or light wires.

(l) Every antenna must be adequately grounded for protection against a direct strike of lightning, with an adequate ground wire. Ground wires shall be of the type approved by the latest edition of the electrical code for grounding masts and lightning arrestors, and shall be installed in a mechanical manner with as few bends as possible, maintaining a clearance of at least two inches from combustible materials. Lightning arrestors shall be used, which are approved as safe by the Underwriters’ Laboratories, Inc., and both sides of the line must be adequately protected with property arrestors to remove static charges accumulated on the line. When lead-in conductors of polyethylene ribbon-type are used, lightning arrestors must be installed in each conductor. When coaxial cable or shielded twin lead is used for lead-in, suitable protection may be provided without lightning arrestors by grounding the exterior metal sheath.

(3) Reasonable conditions of approval may be imposed to mitigate any negative impacts from installation of the antenna. The cost of any such condition to the applicant shall be considered in light of the public benefit derived from the condition.

(4) Application for Approval. Prior to installing any antenna for which approval is required pursuant to subsection (1) of this section, an application shall be submitted to and approved by the authorized agency. The application shall be accompanied by construction drawings showing the proposed method of installation, the manufacturer’s specifications, if any, and a plot plan showing the location of the antenna, property and setback lines and all structures. In addition, applications shall be accompanied by engineering data establishing the fact that the antenna conforms to the structural requirements of the building code. Such engineering data may include custom engineering calculations for each installation, the calculations and data to be submitted by a structural or civil engineer registered by the state. Such registered engineer may be employed by the manufacturer of the antenna.

(5) Enforcement.

(a) All antennas shall be maintained in good condition and in accordance with all requirements of this section.

(b) All antennas shall be subject to periodic reinspection. No additions, changes or modifications shall be made to an antenna, unless the addition, change or modification is in conformity with the building code and this section.

(c) Failure to abide by and faithfully comply with this section or with any and all conditions that may be imposed shall constitute grounds for the revocation of the approval by the director of community development. The remedies provided for in this section shall be cumulative with all other remedies provided in this code, and not exclusive. (Ord. 770 § 1 (part), 1996; Ord. 642 § 1, 1986: Ord. 609 § 1, 1983: Ord. 594 § 2, 1981: Ord. 419 § 1 (part), 1972)

22.40.950 Drive-through service.

Drive-through service facilities require special consideration as their design can significantly impact the vehicular circulation as well as the operation of a site. This section includes regulations for drive-through uses. Only uses set forth in this section may provide for drive-through service (except restaurants which are regulated separately). Uses not set forth in this section shall be strictly prohibited as a drive-through service. Drive-through service facilities shall require a conditional use permit. The requirements outlined below shall apply to all applications for initial, modified or additional drive-through site design. The provisions of this section are applicable to all drive-through services, excluding drive-through restaurants, which are regulated pursuant to Section 22.27.400(7).

(1) Criteria.

(a) A drive-through service use shall be located within a building site zoned regional commercial (CR), community commercial (CC), or neighborhood commercial (CN) of at least one-half acre in size. CN parcels measuring less than one-half acre, but not less than eighteen thousand five hundred square feet in size, may be considered suitable for the establishment of drive-through service uses if the subject parcel is contiguous to and a part of the circulation pattern of a larger parcel or parcels zoned CR, CC, or CN of at least five acres in size, not including the subject parcels.

(b) Drive-through service lanes shall be located at least one hundred fifty feet from a residentially zoned area or use to negate any possible nuisances due to noise or other features associated with the operation of a drive-through service use.

(2) Limitations:

(a) The sale of alcoholic beverages shall be prohibited.

(b) Not more than one drive-through lane or one dual drive-through lane shall be permitted. Dual drive-through lanes shall be located on the same side of the building and oriented away from street frontages.

(c) The project applicant shall prepare and submit to the city, as part of the initial application, a traffic study. The study shall address: (i) the adequacy of the streets that serve the subject site; (ii) the placement, design, and adequacy of the vehicle queuing aisle; (iii) the on-site circulation, parking lot design, and pedestrian/bicycle safety; and (iv) additional information as requested by the director of public works and the director of community development. The traffic study shall identify potential adverse impacts and include measures for mitigating such impacts.

(3) Additional Conditions. The above performance standards constitute the minimum deemed necessary under general circumstances, and in most cases, to prevent adverse effects from drive-through facilities. Other and further standards may be required as conditions of approval to ensure that such uses are in accordance with the intent of the Cerritos Municipal Code.

(4) Drive-Through Service Facilities. The following uses may be permitted as a drive-through service if it is found in each case that the indicated criteria and limitations are satisfied and if specific conditions are imposed to carry out the purpose of this code:

(a) Only as an accessory use as part of a bank and savings and loan institution;

(b) Drug stores/pharmacies.

(5) Noise. No noise, excluding surrounding outside traffic noise, shall be generated which causes the maximum noise level at any point on the property lines surrounding the premises on which the noise is produced to exceed the ambient noise level by five db(A) measured at the same point, or fifty-five db(A), whichever is greater.

(6) Exemption. Notwithstanding the provisions of this section, banks and savings and loan institutions which lawfully provide drive-through service on property zoned regional commercial (CR), community commercial (CC), or neighborhood commercial (CN) as of September 24, 1998, shall be deemed conforming and permitted uses; buildings, structures and the drive-through service shall not require a conditional use permit nor be subject to the regulations in this section. (Ord. 1012 §§ 2, 3, 2017; Ord. 799 § 1, 1998)