Chapter 17.92
COMMERCIAL USES

17.92.010 Drive-Through Facilities

A.    Purpose and intent

It is the purpose of these regulations to establish specific standards for drive-through facilities provided with other commercial uses including but not limited to restaurants and financial institutions. The intent is to ensure that such developments do not have negative impacts on traffic, safety, air quality, and visual character of the area they are located in.

B.    Vehicle reservoir areas

1.    Adequate reservoir capacity for vehicles to enter a facility safely and efficiently shall be provided for all drive-through development projects. Required storage capacities are identified below. Reduced requirements may be allowed when sufficient evidence is provided, to the satisfaction of the reviewing authority, to demonstrate that such reduction will not impair traffic safety on the site. For land uses not identified, reservoir capacity shall be subject to the approval of the reviewing authority.

 

Drive-Through Facility Type

Vehicle Reservoir Required

Bank

10 spaces per service position, to a maximum of 25 total.

Retail or laundry

4 spaces per service position.

Restaurant

6 spaces at ordering locations; 3 spaces between ordering and pick-up locations.

Car washes, full

service

2 spaces per approach line, 10 minimum. Drying area: 2 spaces per approach line, 8 minimum.

Car washes, self

service

Two spaces on each position approach. Drying area: 2 spaces per approach line, 8 minimum.

Car washes,

automated

6 spaces on each approach.

Car washes, express

6 spaces minimum on each approach. (Zoning Ordinance Amendment 12-001, adopted by City Council May 2, 2012.)

Service station

1 space per service row of gasoline pumps.

Lubrication/oil change service

2 spaces per service bay.

2.    The minimum reservoir area does not include the vehicle(s) being served. Each reservoir space shall be eleven (11) feet wide and twenty (20) feet long. Reservoir areas may not block aisles, driveways, or access to parking spaces.

C.    Development standards

1.    Site design should locate the drive-through aisle so that pedestrians do not need to cross the aisle in order to access main building entrance from the parking lot or street. If a pedestrian walkway intersects a drive-through aisle, the walkway shall be highlighted with enhanced paving and lighting, and shall be located for maximum visibility of pedestrians from vehicles.

2.    Drive-through aisles shall have a minimum fourteen (14) foot width on curves and a minimum eleven (11) foot width on straight sections, with a minimum inside turning radius of fifteen (15) feet.

3.    Drive-through aisles shall be constructed with (PCC) concrete.

4.    Drive-through aisles and structures shall be set back from the ultimate curb face of an adjacent public right-of-way a minimum of twenty-five (25) feet.

5.    Drive-through lanes should be screened from public view by orientation of the building and provision of landscaping berming, low screen walls or a combination thereof.

6.    Menu boards shall face away from the street and have maximum dimensions as specified in PMC 17.88.100(H).

7.    Drive-through aisles shall not exit directly onto a public right-of-way. When drive-thru aisles are oriented toward a public right-of-way, sufficient screening shall be provided so that automobile headlights do not shine into the public right-of-way.

8.    Drive-through restaurants within an integrated shopping center shall have an architectural style consistent with the theme established in the center. The architecture of any drive-through restaurant must provide compatibility with surrounding uses in form, materials, colors, scale, and other design elements.

9.    Other than menu boards, signs for drive-through services shall conform to PMC 17.88.100(I).

D.    Review process

All drive-through facilities shall be subject to the review process set forth in each zone. All drive-through facilities shall be reviewed by the Development Advisory Board. In making the decision for approval of the proposed drive-through facility, the reviewing authority shall consider possible air quality, traffic safety, and visual impacts of the proposed facility, as well as consistency with this Section and other applicable provisions of the Zoning Code.

17.92.020 Outdoor Seating Areas

A.    Purpose and intent

Outdoor seating areas can enhance the pedestrian ambience of commercial areas and are encouraged. However, reasonable regulation of outdoor seating is necessary to protect the public health, safety, and welfare. The purpose of this Section is to set forth the conditions and requirements under which outdoor seating areas may be permitted to operate by approval of the Planning Department, Building Department and an encroachment permit.

B.    Definitions

An outdoor seating area is a group of tables and chairs and its authorized decorative and accessory devices situated and maintained upon private or public property or upon the public sidewalk for the use in connection with the consumption of food and beverage sold to the public from or in an adjoining restaurant.

C.    Development standards

Any outdoor seating area shall be developed and operated in conformance with the following standards in addition to any other applicable standards and regulations.

1.    An outdoor seating area may be established where permitted by the zone.

2.    A restaurant may be permitted to operate an outdoor seating area provided that the restaurant conforms to all applicable codes and ordinances.

3.    An outdoor seating area may be located on the private property or on the public sidewalk. Any outdoor seating area located on the public sidewalk shall be subject to issuance of an encroachment permit and must be immediately adjacent to and abutting a restaurant. The area in which the outdoor seating area is located shall extend no further along the sidewalk’s length than the actual sidewalk frontage of the operating restaurant. Any outdoor seating area located within the public right-of-way must also provide proof of sufficient liability insurance to the satisfaction of the City Engineer.

4.    An outdoor seating area may be located on a private or public sidewalk only where the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the proposed outdoor seating area. There shall be a minimum six (6) foot clear distance or fifty (50) percent of the sidewalk width, whichever is greater, free of all obstructions in order to allow adequate pedestrian movement.

5.    All tables and chairs shall be set back not less than three (3) feet from any curb and from any street or barrier and shall not be situated within eight (8) feet of any designated bus stop.

6.    The area in which the outdoor seating area is authorized shall be identified in a manner which will clearly separate and delineate it from the areas of the sidewalk which will remain open to pedestrian traffic.

7.    All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be movable. Umbrellas must be secured with a minimum base of not less that sixty (60) pounds. Outdoor amplified music or speakers shall be reviewed at the time of application and shall require a Conditional Use Permit.

8.    No signing may be allowed within any outdoor seating area, except for the name of the operating establishment on awning(s) or umbrella valance(s).

9.    The following requirements apply to outdoor seating areas which are operated exclusively by an adjacent restaurant for service to other portions of said restaurant:

a.    The outdoor preparation of food or busing facilities are prohibited at outdoor cafes. The presetting of tables with utensils, glasses, napkins, condiments, and the like is prohibited. All exterior surfaces within the cafe shall be easily cleanable and shall be kept clean at all times by the permittee. Restrooms for the outdoor seating area shall be provided in the adjoining restaurant and the outdoor seating shall be counted in the restroom requirements for the restaurant.

b.    Trash and refuse storage for the outdoor seating area shall not be permitted within the outdoor dining area or on adjacent sidewalk areas and the permittee shall be responsible to remove all the trash and litter as they accumulate. The permittee shall be responsible to maintain the outdoor dining area including the sidewalk surface and furniture and adjacent areas in a clean and safe condition.

c.    Hours of operation shall be identical to those of the adjacent restaurant, unless reduced by the reviewing authority. Tables, chairs, and all other furniture used in the operation of an outdoor cafe shall be removed from the sidewalk and stored indoors whenever the restaurant is not in operation.

d.    No parking shall be required for the outside seating area, provided that no more than twenty (20) percent of the total seating provided by the restaurant is outdoor seating. Otherwise, parking shall be provided pursuant to Chapter 17.87 PMC.

10.    The City shall have the right and power, acting through the Director of Planning, or his or her designee, to prohibit the operation of an outdoor seating area at any time because of anticipated or actual problems or conflicts in the use of sidewalk area. Such problems or conflicts may arise from, but are not limited to, scheduled festivals and similar events, parades, repairs, to the street or sidewalk, or emergencies occurring in the area. To the extent possible, the permittee shall be given prior written notice of any time period during which the operation of the outdoor cafe will be prohibited by the City, but any failure to give prior notice shall not affect the right and power of the City to prohibit the operation of the outdoor seating area at any given time.

D.    Review process

An outdoor seating area proposed in conjunction with a new restaurant shall be reviewed in conjunction with the application for the related restaurant. An outdoor seating area proposed for an existing restaurant shall be subject to approval of a modification to the approval for the existing restaurant. Any outdoor seating area located in the public right-of-way shall be subject to issuance of an Encroachment Permit. Any outdoor seating area in which alcoholic beverages will be served shall be subject to the provisions of PMC 17.92.080.

In connection with approval of any outdoor seating area, the reviewing authority shall make findings that the proposed operation meets the requirements of this Section. The reviewing authority may impose such conditions in granting such approval as deemed needed to assure that the proposed operation will meet the operating requirements and conditions set forth in this Section and to assure that the public safety and welfare will be protected.

The right to operate an outdoor seating area may be revoked by the Planning Commission upon a finding that one or more of the conditions of this Section have been violated, or that the outdoor seating area is being operated in a manner which constitutes a nuisance, or that the operation of the outdoor seating area unduly impedes or restricts the movement of pedestrians past the outdoor seating area.

17.92.030 Kennels

A.    Purpose and intent

It is the purpose of these regulations to establish specific standards for kennels located in the A-1 (Light Agriculture) Zone. The intent is to protect health and welfare of the surrounding residents and citizens in general by preventing potential negative impacts related to odor, noise, traffic, visual appearance, health and safety.

B.    Standards Kennels shall be established and operated in accordance with the following requirements:

1.    No kennel shall be established on a parcel containing less than five (5) acres.

2.    Kennels are permitted only as an accessory use on parcels which contain a dwelling unit for the residence of the kennel operator.

3.    Kennels shall be conducted and operated in accordance with standards established by the Los Angeles County Animal Control office for construction and operation of kennels.

4.    Off-street parking shall be provided in accordance with Chapter 17.87 PMC; however, in no event shall the number of spaces be less than five (5).

5.    All signage shall comply with the provisions of Chapter 17.88 PMC, Signs.

6.    The disposal of animal waste shall be in accordance with applicable federal, state and local laws.

7.    The location of any animal enclosures shall be in accordance with PMC 17.30.090(D).

C.    Review process

Kennels in Zone A-1 shall be subject to approval of a Conditional Use Permit in accordance with Chapter 17.22 PMC.

17.92.040 Veterinary Clinics and Animal Hospitals

A.    Purpose and intent

These regulations are provided to establish standards for development and operation of veterinary clinics and animal hospitals, in order to protect the health and welfare of adjacent residents by preventing potential negative impacts related to odor, noise, traffic, visual appearance, disposal of wastes or other aspect of such business.

B.    Standards

1.    The following standards apply to any veterinary clinic or animal hospital established in the City.

a.    Off-street parking facilities shall be provided as required by Chapter 17.87 PMC. In no event shall the number of parking spaces provided be less than five (5) spaces for a facility.

b.    All signage shall comply with the provisions of Chapter 17.88 PMC, Signs.

c.    The disposal of dead animals and waste shall be in portable, closed refuse containers, which shall be kept inside the building until removal from the premises. The applicant shall submit to the City, and it shall be made a condition of approval, satisfactory evidence that the applicant has made arrangements for the proper and adequate disposal of dead animals and refuse.

d.    The buildings and equipment on the premises shall be provided and maintained in accordance with standards and shall be kept in a clean and sanitary condition at all times.

e.    All small animal care and, to the extent feasible, large animal care, shall be conducted within an enclosed and sound controlled building. All animal enclosures shall be located in accordance with the provisions of PMC 17.30.090(D).

2.    The following standards shall apply to veterinary clinics established in the A-1 (Light Agriculture) Zone.

a.    No clinic shall be established on a parcel containing less than five (5) gross acres.

b.    Veterinary clinics are permitted only as an accessory use on parcels which contain a dwelling unit in which the veterinarian resides.

c.    The practice may include large or small animal patients.

3.    The following standards shall apply to veterinary clinics and animal hospitals permitted in zones other than A-1.

a.    The practice shall be limited to small animals and shall include only dogs, cats and other household pets as patients.

b.    The operation shall be conducted in a completely enclosed and sound controlled building and in such a way as to produce no objectionable noise or odors outside the building. The building materials and methods of odor control shall be acceptable to the Commission as adequately reducing emitted noise and odors.

c.    Landscaping, screening and other aspects of the development shall conform with the applicable requirements of Division 8.

C.    Review process

Veterinary clinics and small animal hospitals shall be permitted as specified in the applicable zone district.

17.92.050 Adult-Oriented Businesses

(Zoning Ordinance Amendment 97-4 adopted by City Council June 11, 1997.)

A.    Purpose and intent

The purpose of this Section is to regulate Adult-Oriented Businesses in order to protect the health, safety and welfare of the community from the harmful secondary effects brought about by the unregulated operation of Adult-Oriented Businesses. These secondary effects include, but are not limited to: depreciation of property values; increased vacancy rates in residential and commercial areas; increased criminal activity; increased litter, noise, and vandalism; and interference with the enjoyment of residential property in the vicinity of such businesses. The provisions of this Section have neither the purpose or intended effect of: (1) imposing a limitation or restriction on the content of any communicative material; (ii) denying access by adults to adult-oriented materials protected by the First Amendment to the U.S. or State Constitutions; or (iii) denying access by distributors or exhibitors of adult-oriented materials or entertainment to their intended market.

B.    Definitions

For the purposes of this Section, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

1.    Adult-Oriented Businesses. “Adult-Oriented Businesses” means any of the following:

2.    Adult arcade. The term “adult arcade” as used in this Section, is an establishment where, for any form of consideration, on or more still or motion picture projectors, or similar machines, for viewing by five (5) or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

a.    Adult bookstore, adult novelty store, adult video store. The terms “adult bookstore”, “adult novelty store”, or “adult video store” as used in this Section, is an establishment that has twenty (20 percent or more of its stock in books, magazines, periodicals or other printed matter, adult-oriented merchandise or of photographs, films, motion pictures, video cassettes, slides, tapes, records, or distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas. An adult bookstore, adult novelty store, or adult video store shall not include mail order businesses or wholesale businesses with no patrons on the premises. (Zoning Ordinance Amendment 98-1, adopted by City Council March 10, 1999.)

b.    Adult cabaret. The term “adult cabaret” as used in this Section, means a nightclub, restaurant, or similar business establishment which: (1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) which regularly features persons who appear semi-nude; and/or (3) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

c.    Adult hotel/motel. The term “adult hotel/motel”: as used in this Section, means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which, (1) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty (30) percent to more of the number of which are distinguished or characterized by an emphasis upon the depiction of description of specified sexual activities or specified anatomical areas; and (2) rents, leases, or lets any room for less than a ten (10) hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.

d.    Adult motion picture theater. The term “adult motion picture theater” as used in this Section, is a business established where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual actives or specified anatomical areas.

e.    Adult theater. The term “adult theater” as used in this Section, means a business establishment which, for any form of consideration regularly features live performances, for an audience on this premises, which performances either: (1) are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities; and/or (2) regularly featured entertainers who appear semi-nude. (Zoning Ordinance Amendment 97-6, adopted by City Council October 9, 1997.)

f.    Modeling studio. The term “modeling studio” as used in this Section, means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, or on a voluntary basis, figure models who, for the purposes of sexual stimulation of patrons, appear either nude or semi-nude or display “specified anatomical areas” to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons on the premises. “Modeling studio” does not include schools maintained pursuant to standards set by the State Board of Education. “Modeling studio” further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available “specified sexual activities”. (Zoning Ordinance Amendment 97-6, adopted by City Council October 9, 1997.)

3.    Adult-Oriented merchandise. The term Adult-Oriented Merchandise” as used in the Section, means sexually oriented implements or paraphernalia, such as, but not limited to: dildos; auto sucks; adult-oriented vibrators; edible underwear; benwa balls; inflatable orifices; anatomical balloons with orifices; simulated vaginas, and similar adult-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.

4.    Church. The term “church” as used in this Section, is a structure which is used primarily for religious worship and related religious activities.

5.    Distinguished or characterized by an emphasis upon. As used in this Section, the term “distinguished or characterized by an emphasis upon” shall mean and refer to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films “which are distinguished or characterized by an emphasis upon” the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal. App. 3 151 (1981).

6.    Establishment of an Adult-Oriented Business. As used in this Section, to “establish” an Adult-Oriented Business shall mean and include any of the following:

a.    The opening or commencement of any Adult-Oriented Business as a new business;

b.    The conversion of an existing business, whether or not an Adult-Oriented Business, to any Adult-Oriented Business defined herein;

c.    The addition of any of the Adult-Oriented Businesses defined herein to any other existing Adult-Oriented Business; or

d.    The relocation of any such Adult-Oriented Business.

7.    Park. As used in this Section, the term “park” means a park, trail, recreation center, sports complex, golf course or athletic field within the City which is under the control, operation or management of the City or other public agency. (Zoning Ordinance Amendment 97-6, adopted by City Council October 9, 1997.)

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

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

10.    Semi-nude. As used in this Section, the term “semi-nude” means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

11.    Specified anatomical areas. As used in this Section, “specified anatomical areas” shall mean and include any of the following:

a.    Less than completely and opaquely covered human (i) genitals or pubic region; (ii) buttocks; and (iii) female breast below a point immediately above the top of the areola;

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

c.    Any device, costume, or covering that simulates any of the body parts included in subsection (B)(11)(a) or (b) of this Section.

12.    Specified sexual activities. As used in this Section, “specified sexual activities” shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:

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

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

c.    Masturbation, actual or simulated;

d.    Excretory functions as part of or in connection with any of the other activities described in subsections (B)(12)(a) through (c) of this Section.

13.    Substantially Enlarged. The term “substantially enlarged” as used in this Section means the increase in floor area occupied by an Adult-Oriented Business by more than ten percent (10%) of its floor area as it existed at the time an Adult-Oriented Regulatory Permit was issued for the business.

C.    Development standards

1.    Location Requirements

a.    An Adult-Oriented Business shall not be established or located in any zone of the City other than the Service Commercial (C-5) and Light Industrial (M-1) Zones and shall not violate any of the following separation requirements:

(i)    The Adult-Oriented Business is not proposed to be within 1,000 feet of any other Adult-Oriented Business located within or outside of the City; and

(ii)    The Adult-Oriented Business is not proposed to be within 1,000 feet of any residential use or zone located within or outside of the City; and

(iii)    The Adult-Oriented Business is not proposed to be within 1,000 feet of any park, church, school or primary alcohol use, excluding convenience stores, located within or outside of the City.

b.    The distances set forth above shall be measured as a straight line from the primary entrance of the Adult-Oriented Business to the property so used without regard to intervening structures.

D.    Review process

1.    Adult-oriented businesses shall be subject to Site Plan Review approval in accordance with Chapter 17.21 PMC, where permitted by the Zoning Ordinance.

2.    Notwithstanding the provisions of PMC 17.20.070, the reviewing authority shall hold a hearing on an application for a Site Plan Review for an adult oriented business within four (4) months of the date the application is deemed complete and shall make a decision on the application within five (5) months of the date the application is deemed complete, unless an extension to these time limits is agreed to in writing by the applicant. (Zoning Ordinance Amendment 95-6 adopted by City Council April 10, 1996.)

E.    Required findings for approval

Notwithstanding the provisions of PMC 17.21.050, the reviewing authority shall approve a Site Plan Review for an adult-oriented business if the reviewing authority is able to make affirmative findings based on all of the following criteria:

1.    The structure in which the proposed use will occur and the site plan for the property are consistent with the General Plan and either comply with or are concurrently conditioned to comply with the location standards and development and performance standards set forth in this Section;

2.    The proposed site and use will be in compliance with all other objective development requirements as set forth in this Ordinance and in Chapter 5.04 PMC, to the extent such requirements are not in conflict with the provisions of this PMC 17.92.050.

F.    Existing Adult-Oriented Businesses.

1.    Any Adult-Oriented business lawfully operating on the effective date of this Section in violation hereof shall be deemed a non-conforming use.

2.    Any Adult-Oriented business lawfully operating on the effective date of this Section which becomes non-conforming due to the location criteria enumerated in subsection C of this Section shall cease operation, or otherwise be brought into full compliance with the location criteria of this Section, not later than twenty (20) years following the effective date of those criteria.

3.    Any Adult-Oriented business lawfully operating on the effective date of this Section which becomes non-conforming due to either the design or performance standards enumerated in PMC 5.04.400(I) shall cease operation, or otherwise be brought into full compliance with said design standards and performance standards, not later than one (1) year following the effective date of this Section.

4.    Any Adult-Oriented business lawfully operating on the date of being annexed by the City which becomes non-conforming due to the location criteria enumerated in subsection C of this Section shall cease operation, or otherwise be brought into full compliance with the location criteria of this Section, not later than twenty (20) years following the effective date of those criteria.

5.    Any Adult-Oriented business lawfully operating on the date of being annexed by the City which becomes non-conforming due to either the design or performance standards enumerated in PMC 5.04.400(I) shall cease operation, or otherwise be brought into full compliance with said design standards and performance standards, not later than one (1) year following the effective date of this Section.

6.    An Adult-Oriented business lawfully operating as a conforming use is not rendered a non-conforming use by the subsequent location of: (i) a residential use or zone within 1,000 feet of the Adult-Oriented business; or (ii) a park, church, school or primary alcohol use, excluding convenience stores, within 1,000 feet of the Adult-Oriented business. This exemption shall only apply if the Adult-Oriented business is continuous, which means that interruptions cannot exceed six (6) months.

17.92.060 Reserved

(Zoning Ordinance Amendment 97-4 adopted by City Council June 11, 1997.)

17.92.070 Alcohol Beverage Establishments

(Zoning Ordinance Amendment 95-1 adopted by City Council June 14, 1995; Zoning Ordinance Amendment 04-01 adopted by City Council July 11, 2005.)

A.    Purpose and intent

It is the purpose of these regulations to establish specific standards for alcoholic beverage establishments to ensure that such businesses are appropriately located and operated so as not to pose a significant threat to the public health, safety, peace and welfare.

B.    Definitions

For the purposes of this Chapter, the following words and phrases are defined as follows. Any word, phrase or term that is not defined in this Chapter but that is defined in another Chapter shall have the meaning prescribed by such other Chapter.

ABC License shall mean a license issued by the Department of Alcoholic Beverage Control.

Alcoholic Beverage Establishment shall mean any or all of the following: a bona fide restaurant, an Incidental Off-Sale Alcoholic Beverage Establishment; an Incidental On-Sale Alcoholic Beverage Establishment; a Primary Off-Sale Alcoholic Beverage Establishment, Primary On-Sale Alcoholic Beverage Establishment, and Other Alcoholic Beverage Establishment. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

Banquet Facility shall mean an establishment that provides a gathering place restricted to guests attending a particular event and that does not impose an admission fee on such persons. Such facilities typically include dance floors and live entertainment for events such as weddings and celebrations. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

Bar or Night Club shall mean an establishment that sells alcoholic beverages for consumption on the premises and that also does any of the following: (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

1.    Promotes the sale of alcoholic beverages through manufacturer displays, discounted prices or special events intended to encourage alcoholic beverage consumption independent of food consumption;

2.    Provides a patron dancing area on the premises, that exceeds 30 percent of the floor area; or (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

3.    Provides food service as an accessory use.

Billiards and Pool Hall shall mean an establishment that provides billiard tables for entertainment.

Bona Fide Restaurant shall mean a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the local department of health. For purposes of this Chapter, a restaurant will be considered a Bona Fide Restaurant if the following criteria are satisfied:

1.    A Bona Fide Restaurant shall have an on-site operational kitchen from which a substantial portion of the menu items are prepared;

2.    A Bona Fide Restaurant shall keep its kitchen open and operational and shall provide food service until one-half hour before the establishment closes;

3.    No more than 10% of the gross floor area is used for the sale, display and storage of alcoholic beverages for consumption on the premises;

4.    Alcoholic beverages are sold only for consumption on the Bona Fide Restaurant premises.

5.    The primary use is sit-down dining.

6.    Any take-out food service is incidental to the primary use.

7.    If a dance floor is provide, less than 30 percent of the floor area is utilized for dancing. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

8.    The establishment does not conduct a Bar or Nightclub on the premises. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

9.    Service is not provided at counters or tables where patrons are standing.

10.    Alcoholic beverages are not served in conjunction with any recreational activity, game of skill or chance, athletic event or adult entertainment.

Break in Service shall mean the closure of an Alcoholic Beverage Establishment for a period of one hundred eighty (180) consecutive days.

Existing Non-CUP Alcoholic Beverage Establishment shall mean an Alcoholic Beverage Establishment that was lawfully operating without a Conditional Use Permit on August 10, 2005.

High Crime Areas shall mean a crime-reporting district that has more than one hundred twenty (120) percent of the average crimes reported.

Incidental Alcoholic Beverage Establishments shall mean Incidental Off-Sale Alcoholic Beverage Establishments and Incidental On-Sale Alcoholic Beverage Establishments.

Incidental Off-Sale Alcoholic Beverage Establishment shall mean those establishments that both: (1) sell, serve or give away alcoholic beverages for consumption off the premises; and (2) utilize no more than the square footage provided in the table below for the sale, display and storage of alcoholic beverage for consumption off the premise.

Size of Outlet

Maximum square footage of gross floor area and shelf area for sale, display and storage of alcoholic beverages

0-100,000 gross square feet of total floor area

Up to 10% or 5,000 square feet, whichever is less.

Greater than 100,000 gross square feet of total floor area

Up to 5% or 7,500 square feet, whichever is less.

Incidental On-Sale Alcoholic Beverage Establishment shall mean those establishments the both: (1) sell, serve or give away alcoholic beverages for consumption on the premises; and (2) utilize ten (10) percent or less of the gross floor areas for the sale, display and storage of alcoholic beverages for consumption on the premises. Without limitation, this definition includes a hotel that maintains only a Type 70 Alcoholic Beverage License, and banquet facilities. For purposes of this Chapter, a bona fide restaurant shall not be considered an Incidental On-Sale Alcoholic Beverage Establishment. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

Liquor Store shall mean an establishment in which the primary use is the sale of alcoholic beverages for consumption off the premises.

Microbrewery or Brewpub shall mean a small beer manufacturer that typically is dedicated to the production of specialty beers and requires an ABC Type 23 or 75 license, and may include a restaurant or pub on-site. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

Nuisance Activities shall mean without limitation the following: disturbance of the peace; illegal drug activity; public drunkenness; illegal public consumption of an alcoholic beverage; public urination; harassment of passerby; gambling; prostitution; sale of stolen goods; excessive loud noise; lewd conduct; loitering; vandalism; assault; battery; sale to and/or consumption of alcohol by minors; and illegal parking.

Off-Sale Alcoholic Beverage Establishments shall mean Incidental Off-Sale Alcoholic Beverage Establishments and Primary Off-Sale Alcoholic Beverage Establishments.

On-Sale Alcoholic Beverage Establishments shall mean Incidental On-Sale Alcoholic Beverage Establishments and Primary On-Sale Alcoholic Beverage Establishments.

Other Alcoholic Beverage Establishments shall mean those establishments that are authorized by State law to (1) sell, serve or give away alcoholic beverages for consumption on the premises; and/or (2) sell, serve or give away alcoholic beverages for consumption off the premises. For purposes of this Chapter, this definition includes a microbrewery (ABC Type 23) and a veteran’s club (ABC Type 52). (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

Primary Alcoholic Beverage Establishments shall mean Primary Off-Sale Alcoholic Beverage Establishments and Primary On-Sale Alcoholic Beverage Establishments.

Primary Off-Sale Alcoholic Beverage Establishment shall mean those establishments that both: (1) sell, serve or give away alcoholic beverages for consumption off the premises; and (2) utilize more than ten (10) percent of the gross floor area or the shelf area for the sale, display and storage of alcoholic beverages for consumption off the premises. Without limitation, this definition includes a Liquor Store. For purposes of this Chapter, a Convenience Store that sells alcoholic beverages shall be considered a Primary Off-Sale Alcoholic Beverage Establishment regardless of the amount of gross floor area or shelf area utilized for the sale, display and storage of alcoholic beverages for consumption off the premises.

Primary On-Sale Alcoholic Beverage Establishment shall mean those establishments that both: (1) sell, serve or give away alcoholic beverages for consumption on the premises; and (2) utilize more than ten (10) percent of the gross floor area or shelf area for the sale, display and storage of alcoholic beverages for consumption on the premises. Without limitation, this definition includes an eating establishment or restaurant that sells alcoholic beverages and does not qualify as a Bona Fide Restaurant and Incidental On-Sale Alcoholic Beverage Establishment. For purposes of this Chapter, if any sale of alcoholic beverages for consumption on the premises is involved, the following uses shall be considered a Primary On-Sale Alcoholic Beverage Establishment regardless of the amount of gross floor area or shelf area utilized for the sale, display and storage of alcoholic beverages for consumption on the premises: Adult Cabaret; Bar or Night Club; Billiards and Pool Hall; and a bowling alley (except where alcohol is served within a bona fide restaurant. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

Responsible Beverage Service Training shall mean a certified training program in responsible methods and skill for selling and serving alcoholic beverages. Such program shall incorporate the RBS Best Practices of the California Department of Alcoholic Beverage Control. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

Single Serve Container shall mean any of the following products: 1) Wine in containers of less than seven hundred fifty milliliters; 2) Malt beverage products with alcohol content greater than five and one-half percent by volume; 3) Wine with an alcoholic content greater than fourteen percent by volume unless in corked bottles and aged at least two years; 4) Containers of beer or malt liquor not in their original factory packages of six-packs or greater; 5) Single container of beer or malt liquor larger than thirty-nine ounces; 6) Cooler products, either wine- or malt beverage-based, in less than four-pack quantities. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

Specific Demand Not Currently Served shall mean an alcoholic beverage establishment where more than 50 percent of the alcoholic beverage products sold or served are not available within one-quarter mile of the location. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

Substantial Change in Mode or Character of Operation shall mean without limitation that an Alcoholic Beverage Establishment has done any of the following:

1.    Increased its floor area by twenty-five (25) percent or more.

2.    Increased the floor area principally devoted to alcoholic beverage sales by twenty-five (25) percent or more.

3.    Converted from a Bona-Fide Restaurant to a Bar or Night Club, or any other Primary On-sale Alcoholic Beverage Establishment. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

4.    A change of its ABC License type from a Type 20 to a Type 21 or a Type 41 to a Type 47 or Type 48. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

5.    Had its ABC License suspended for a period greater than thirty (30) days.

6.    Had a Break in Service.

7.    Transferred its alcoholic beverage operations from one premises to another.

Over Intensification of Alcoholic Beverage Establishments shall be determined by the Population Density Method or by the Retail Density Method at the discretion of the Planning Manager. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

1.    Population Density Method

Over Intensification of Off-Sale Alcoholic Beverage Establishments shall occur where the ratio of the resident population to the permitted of Off-Sale Alcoholic Beverage Establishments (as defined by the Department of Alcoholic Beverage Control) within the census tract or census division exceeds the ratio of population to Off-Sale Alcoholic Beverage Establishments for the City. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

Over Intensification of On-Sale Alcoholic Beverage establishments shall occur where the ratio of the resident population to the permitted of On-Sale Alcoholic Beverage Establishments (as defined by the Department of Alcoholic Beverage Control) within the census tract or census division exceeds the ratio of population to On-Sale Alcoholic Beverage Establishments for the City. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

2.    Retail Density Method

Over Intensification of Off-Sale Alcoholic Beverage Establishments shall occur where the number of Off-Sale Alcoholic Beverage Establishments within a radius of two thousand, five hundred (2,500) feet of any location in question exceeds the average of the numbers of Off-Sale Alcoholic Beverage Establishments within a radius of two thousand, five hundred (2,500) feet of a sample of twenty (20) Off-Sale Alcoholic Beverage Establishments drawn at random from the City’s commercially zoned areas. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

Over Intensification of On-Sale Alcoholic Beverage Establishments shall occur where the number of On-Sale Alcoholic Beverage Establishments within a radius of two thousand, five hundred (2,500) feet of any location in question exceeds the average of the numbers of On-Sale Alcoholic Beverage Establishments within a radius of two thousand, five hundred (2,500) feet of a sample of twenty (20) On-Sale Alcoholic Beverage Establishments drawn at random from the City’s commercially zoned areas. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

C.    Conditional Use Permit Requirement

1.    No new Alcoholic Beverage Establishment shall be established unless a permit has first been obtained pursuant to Chapter 17.22 PMC, Conditional Use Permits.

2.    In addition to the information required by Chapter 17.22 PMC, the following shall be included with the Conditional Use Permit application:

a.    An interior floor plan of the proposed establishment drawn to scale indicating the total gross floor area and the percentage of gross floor area devoted to sale of alcoholic beverages. The percentage of gross floor area devoted to sale of alcoholic beverages shall be calculated based on the following criteria:

i.    Off-Sale Alcoholic Beverage Establishments – The percentage of gross floor area devoted to sale of alcoholic beverages shall include any areas utilized for the sale, storage or display of alcoholic beverages.

ii.    On-Sale Alcoholic Beverage Establishments – The percentage of gross floor area devoted to sale of alcoholic beverages shall include any areas utilized for the sale, storage or display of alcoholic beverages. Additionally, the percentage of gross floor area devoted to sale of alcoholic beverages shall include any bar service area(s), associated seating area(s), dance floor(s) and storage area(s).

b.    A vicinity map indicating the location of the proposed establishment and the distance separation from those uses specified in the location standards of this Section.

3.    In addition to the findings required by Chapter 17.22 PMC, prior to approving or conditionally approving a Conditional Use Permit for an Alcoholic Beverage Establishment, the approval authority shall find that the proposed use is consistent with the purpose of this Section. In making the required findings, the approval authority may consider the following:

a.    Whether the proposed establishment would result in an Over Intensification of alcoholic beverage establishments. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

b.    Whether the proposed establishment would be located in a High Crime Area.

c.    Information in the surrounding area.

d.    The hours of operation of the proposed establishment.

D.    Location Standards

1.    Alcoholic Beverage Establishments within the C-4 (Commercial Center) zone district or the Palmdale Trade and Commerce Center Specific Plan are not subject to the location standards identified below. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

2.    Primary and Other Alcoholic Beverage Establishments. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

a.    New Primary Alcoholic Beverage Establishments shall be separated from existing sensitive and similar uses based on the location standards specified below: (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

 

On-Sale

Off-Sale

Other (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

Religious Assembly

500

500

200

*Public or Private K-12 School, Learning/Tutoring Center or Commercial Day Care (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

500

1,000

500

Public Parks, Recreation Centers, or Public Libraries(Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

500

500

500

**Residential Uses or Residentially Designated Property

500

500

500

Existing Bona Fide Restaurants

500

500

0

Existing Incidental Alcoholic Beverage Establishment

500

500

0

Existing Primary Alcoholic Beverage Establishment

1,000

1,000

500

Hospitals

1,000

1,000

500

Sexually Oriented Business

1,000

1,000

1,000

*    Includes both existing school facilities and undeveloped school sites as identified by the applicable School District.

**    Includes both existing residential uses and areas designated for future residential land uses on the General Plan Land Use Map.

b.    For purposes of this Section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or suite wall where a Primary Alcoholic Beverage Establishment is proposed to be conducted, to the nearest building or suite wall of an existing use or nearest property line if there is no structure. For school uses, the distance shall be measured from the nearest portion of the building or suite wall where the Primary Alcoholic Beverage Establishment is proposed to the nearest property line of an existing or future school site.

c.    Any Primary Alcoholic Beverage Establishment may apply for modification of the location standards specified in this subsection. A request for modification of the location standards shall be submitted in conjunction with the Conditional Use Permit application for the proposed establishment and shall be reviewed concurrently by the approving authority for the Conditional Use Permit application. The approving authority shall approve or disapprove the request and shall make all of the following findings, in addition to the Conditional Use Permit findings, in permitting modification of the location standards: (Zoning Ordinance Amendment 06-02, adopted by City Council January 3, 2007), (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

i.    It will serve a Specific Demand not Currently Served within one-quarter mile of the project location. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

ii.    It will not adversely affect nearby property. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

iii.    It will not encourage the development of an adult entertainment area or otherwise promote community blight. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

3.    Bona Fide Restaurants and Incidental Alcoholic Beverage Establishments

a.    Bona Fide Restaurants and new Incidental Alcoholic Beverage Establishments shall be separated from existing sensitive and like uses as based on the following location standards:

 

On-Sale

Off-Sale

Bona Fide Restaurant

Religious Assembly

500

0

0

*Public or Private K-12 Schools and Commercial Day Care (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

500

0

0

Public parks, Recreation Centers, or Public Libraries (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

500

0

0

**Residential Uses or Residentially Designated Property

300

0

0

Existing Bona Fide Restaurants

0

0

0

Existing Incidental Alcohol Beverage Establishment

300

0

0

Existing Primary Alcoholic Beverage Establishment

300

0

0

Hospitals

1,000

0

0

Sexually Oriented Business

1,000

1,000

1,000

*    Includes both existing school facilities and undeveloped school sites as identified by the applicable School District. Excludes schools that operate as a “Learning / Tutoring Center”. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

**    Includes both existing residential uses and areas designated for future residential land uses on the General Plan Land Use Map.

b.    For purposes of this Section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or suite wall where an Incidental Alcoholic Beverage Establishment is proposed to be conducted, to the nearest building or suite wall of an existing use or nearest property line if there is no structure. For school uses, the distance shall be measured from the nearest portion of the building or suite wall where the Incidental Alcoholic Beverage Establishment is proposed to the nearest property line of an existing or future school site. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

c.    Any Incidental Alcoholic Beverage Establishment may apply for modification of the location standards specified in this subsection. A request for modification of the location standards shall be submitted in conjunction with the Conditional Use Permit application for the proposed establishment and shall be reviewed concurrently by the approving authority for the Conditional Use Permit application. The approving authority shall approve or disapprove the request and shall make all of the following findings, in addition to the Conditional Use Permit findings, in permitting modification of the location standards: (Zoning Ordinance Amendment 06-02, adopted by City Council January 3, 2007), (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

i.    It will serve a Specific Demand not Currently Serviced within one-quarter mile of the project location. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

ii.    It will not adversely affect nearby property.

iii.    It will not encourage the development of an adult entertainment area or otherwise promote community blight.

E.    Development Standards (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

1.    All Alcoholic Beverage Establishments (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

All new alcoholic beverage sales activities shall be designed, constructed, and operated to conform to all of the following operational standards: (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

a.    That it does not result in adverse effects to the health, peace or safety of persons residing or working in the surrounding area. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

b.    That it does not jeopardize or endanger the public health or safety of persons residing or working in the surrounding area. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

c.    That it does not result in repeated nuisance activities within the premises or in close proximity of the premises, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

d.    That it complies with all provisions of local, state or federal laws, regulations or orders, including but not limited to those of the ABC, California Business and Professions Code §§ 24200, 24200.6, and 25612.5, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. This includes compliance with the requirements of the Municipal Code for an annual City business license. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

2.    Off-Sale Alcoholic Beverage Establishment

In addition to any conditions imposed by the approval authority, Off-Sale Alcoholic Beverage Establishments that require a Conditional Use Permit shall comply with the following development standards.

a.    No beer or wine shall be displayed within five (5) feet of the cash register or the front door unless such item is in a permanently affixed cooler.

b.    No sale of alcoholic beverages shall be made from a walk-up or drive-in window.

c.    No display or sale of alcoholic beverages shall be made from an ice tub. An “ice tub” is a vessel filled with ice that displays single servings of alcoholic beverages for customer self-service.

d.    No beer or wine advertising shall be located on motor fuel islands and no self-illuminated beer or wine advertising shall be located on buildings or windows of establishments where motor vehicle fuels are sold or stored.

e.    Alcoholic beverages and non-alcoholic beverages shall be stocked and displayed separately.

f.    The establishment shall be a member of the “Business Watch Program.”

g.    Litter and trash receptacles shall be conveniently located inside and outside the establishment, and trash and debris shall be removed from the premises on a daily basis.

h.    The exterior of the establishment, including all signs, accessory buildings and structures, shall be maintained free of litter and graffiti at all times. Graffiti shall be removed within twenty-four (24) hours of written notice from the City.

i.    The sales area shall be located so that the clerk and customer are fully visible from the street at the time of the sales transaction.

j.    The cash register and sales area shall be illuminated so as to provide clear observation for law enforcement surveillance.

k.    To discourage nuisance activities, establishments shall be prohibited from selling single serve containers as defined herein. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

l.    Alcoholic beverages shall not be consumed on the premises.

m.    Loitering in the public right-of-way, parking area and in front of adjacent properties shall be prohibited.

n.    Window signs shall comply with Chapter 17.88 PMC, Signs, and shall be located so as to provide a clear and unobstructed view of the cash register and sales area from the parking lot and street.

o.    The establishment shall conspicuously post the following signs:

i.    Interior and exterior signs stating that consumption of alcoholic beverages on the premises is prohibited by law.

ii.    Exterior signs stating Penal Code Section 602.1 and PMC 9.44.050. Such signs shall be clearly visible from the establishment’s parking area and shall include the Los Angeles County Sheriff’s Department phone number.

iii.    An interior sign stating: “We ID everyone under 30 years of age for alcohol sales.” The dimensions of such sign shall be at least eight (8) inches by eleven (11) inches. If the predominant language of the establishment’s clientele is not English, then the sign shall also be that language.

p.    Public telephones shall be located within the establishment and shall be programmed to allow only out-going calls.

q.    A copy of any operational conditions of approval imposed on the establishment shall be conspicuously posted on the premises. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

r.    No coin-operated games shall be permitted in any establishment that is located in a High Crime Area.

s.    Exterior lighting of the parking area and premises shall be provided at a level sufficient for recognition of the features of a person at any point on the property. Lighting shall conform to PMC 17.86.030, Lighting, and shall not produce glare or illuminate nearby residential properties.

t.    A security camera system approved by the Public Safety Office shall be installed on the premises, shall be maintained in proper working order at all times and shall be subject to periodic inspection by the City. The system must be capable of producing a retrievable image on film or tape that can be made a permanent record and that can be enlarged through projection or other means. Video or digital recordings generated by the system shall be maintained for thirty (30) days. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

u.    The establishment shall implement preventive architectural design features, as approved by the Public Safety Office and the Planning Director, to maintain security of the premises. Such features shall control access to the facility, open sight lines, lighting levels, ambient noise levels and circulation patterns. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

v.    Special security measures such as security guards, door monitors and burglar alarm systems may be required as a condition of approval. This will be determined on a case-by-case basis upon review by the Planning Director, the Public Safety Office and the Los Angeles County Sheriff’s Department. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

w.    The sale of distribution to the customer of paper of plastic cups in quantities less than their usual and customary packaging is prohibited. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

3.    On-Sale Alcoholic Beverage Establishments, Bona Fide Restaurants and Other Alcoholic Beverage Establishments (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

In addition to any conditions imposed by the approval authority, On-Sale Alcoholic Beverage Establishments, Bona Fide Restaurants and Other Alcoholic Beverage Establishments that require a Conditional Use Permit shall comply with the following development standards. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

a.    Litter shall be removed from the exterior of the establishment as required and no less frequently than once each day the establishment is open.

b.    The exterior of the establishment, including all signs, accessory buildings and structures, shall be maintained free of litter and graffiti at all times. Graffiti shall be removed within twenty-four (24) hours of written notice from the City.

c.    Alcoholic beverages shall not be sold for consumption off the premises, unless permitted by State law under the applicable Department of Alcoholic Beverage Control license. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

d.    Alcoholic beverages shall not be consumed in the parking area or other exterior areas. This prohibition does not apply to City-approved outdoor eating-places that are adequately separated from direct public access.

e.    Exterior lighting of the parking area and premises shall be provided at a level sufficient for recognition of the features of a person at any point on the property. Lighting shall conform to PMC 17.86.030, Lighting, and shall not produce glare or illuminate nearby residential properties.

f.    A copy of any operational of approval imposed on the establishment shall be conspicuously posted on the premises. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

g.    Public telephones shall be located within the establishment and shall be programmed to allow only out-going calls.

h.    The establishment shall be a member of the “Business Watch Program.”

i.    The establishment shall conspicuously post an interior sign stating: “We ID everyone under 30 years of age for alcohol sales.” The dimensions of such sign shall be at least eight (8) inches by eleven (11) inches. The language of such sign shall be English, as well as the predominant language of the establishment’s clientele.

j.    The establishment shall implement preventive architectural design features, as approved by the Public Safety Division and the Planning Director, to maintain security of the premises. Such features shall control access to the facility, open sight-lines, lighting levels, ambient noise levels and circulation patterns.

k.    Special security measures such as security guards, door monitors and burglar alarm systems may be required as a condition of approval. This will be determined on a case-by-case basis upon review by the Planning Director, the Public Safety Division and the Los Angeles County Sheriff’s Department.

4.    Entertainment, as defined by PMC 5.04.460, shall not be conducted, except where an Entertainment Permit has been approved by the City Council. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

F.    Training Requirement

1.    Each person who sells or serves alcoholic beverages in any of the following venues shall successfully complete Responsible Beverage Service Training: (1) at a temporary use that requires a Temporary Alcoholic Beverage Sales Permit; (2) in a new Alcoholic Beverage Establishment; or (3) in an existing Non-CUP Alcoholic Beverage Establishment that the City has determined has knowingly allowed Nuisance Activities on the premises. The program shall be completed within sixty (60) days of assuming the position that involves sale or service of alcoholic beverages, and shall be periodically completed again not less than once every three (3) years.

2.    Records of successful completion of Responsible Beverage Service Training shall be maintained on the premises of the temporary use or the Alcoholic Beverage Establishment, and shall be presented to City and Los Angeles County Sheriff’s Department representatives upon request.

3.    Alcoholic Beverage Establishments with 25 or more employees that maintain a corporate policy and training program for the sale of alcoholic beverages, which incorporates the RBS Best Practices of the Department of Alcoholic Beverage Control, may elect to provide a copy of the corporate policy in place of the training requirement for each employee. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

G.    Annual Administrative Program Fee (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

The owner of each Alcoholic Beverage Establishment, whether permitted through the approval of a Conditional Use Permit or a Deemed Approved use, shall pay an annual administrative program fee to cover the cost of administering an outreach and education program, monitoring and enforcement activities. The amount of the fee shall be established by resolution of the City Council and may be adjusted as necessary to ensure that revenues collected do not exceed the costs incurred by the City for alcohol regulation. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

H.    Deemed Approved (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

1.    All Alcoholic Beverage Establishments that are legal nonconforming uses as of the effective date of this ordinance shall automatically become Deemed Approved uses as of the effective date of this ordinance and shall no longer be considered legal nonconforming. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

2.    Each Deemed Approved use shall retain its deemed approved status as long as it complies with the following performance standards: (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

a.    That it does not result in adverse effects to the health, peace or safety of persons residing or working in the surrounding area. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

b.    That it does not jeopardize or endanger the public health or safety of persons residing or working in the surrounding area. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

c.    That it does not result in repeated nuisance activities, as defined herein, within the premises or in close proximity of the premises. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

d.    That it complies with all provisions of local, state or federal laws, regulations or orders, including but not limited to those of the ABC, California Business and Professions Code §§ 24200, 24200.6, and 25612.5, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. This includes compliance with the requirements of the Municipal Code for an annual City business license. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

e.    That its upkeep and operating characteristics are compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

f.    That the establishment is in compliance with the training requirements identified in subsection F of this Section. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

3.    The occurrence of any of the following shall terminate the Deemed Approved status of the alcoholic beverage establishment and require the approval of a Conditional Use Permit in order to continue the alcoholic beverage establishment use. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

a.    There is a Substantial Change in Mode or Character of Operation. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

b.    There is a Break in Service. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

4.    The City shall notify the business owner of each Deemed Approved Alcoholic Beverage Establishment of the uses deemed approved status. The notice shall be sent by U.S. First Class Mail and shall include a copy of the performance standards in this Section. The notice shall also provide that the activity is required to comply with all performance standards and that the activity is required to comply with all other aspects of the Deemed Approved regulations. Failure of any person to receive notice given pursuant to this Section shall not affect the Deemed Approved status of the use. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

5.    The Planning Commission may periodically review any Deemed Approved use to ensure that it is being operated in a manner consistent with the performance standards or in a manner which is not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity. If, after review, the Commission deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

6.    After setting a date for public hearing, the Planning Director shall notify the owners of the deemed approved use in question. Such notice shall be sent by certified mail and shall state that the Planning Commission will be reviewing the use for possible revocation of its Deemed Approved status. It shall also state the date, time and place of hearing. The public hearing shall be conducted and notice given in accordance with PMC 17.20.020. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

7.    The Planning Director shall fully investigate the evidence and prepare a report for the Planning Commission’s consideration. Upon conclusion of the public hearing, the Commission shall make one of the following determinations and take such accompanying action: (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

a.    Find that the use is being conducted in an appropriate manner and that no action to modify or revoke the Deemed Approved status of the use; or, (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

b.    Find that the use is not being conducted in an appropriate manner and impose such reasonable conditions that in the judgment of the Commission are necessary to ensure compliance with the performance standards on the Deemed Approved use; or, (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

c.    Find that the use is not being conducted in an appropriate manner and that the measures are not available to mitigate the impacts of the Deemed Approved use. Upon making this determination, the Commission may revoke the Deemed Approved status of the use. Any continued operation of the alcoholic beverage use shall require a Conditional Use Permit. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

8.    An appeal of the determination of the Planning Commission may be made in accordance with PMC 17.20.110. (Zoning Ordinance Amendment 15-01, adopted by City Council September 2, 2015.)

17.92.080 Outdoor Retail Sales

(Zoning Ordinance Amendment 95-1 adopted by City Council June 14, 1995 and Zoning Ordinance Amendment 98-1, adopted by City Council March 10, 1999.)

A.    Purpose and intent

It is the purpose of these regulations to establish specific standards for outdoor retail sales uses established as primary uses including swap meets, flea markets and other similar outdoor retail uses. The intent of these regulations is to prevent potential negative impacts relating to noise, traffic, visual appearance, health and safety.

B.    Development standards

Primary outdoor retail sales uses shall conform to the following standards in addition to all other applicable standards and regulations:

1.    The minimum lot area shall conform with the requirements set forth in the applicable zone district.

2.    In addition to required parking lot and setback landscaping, additional on-site landscaping may be required to be installed and permanently maintained to reduce visual and noise impacts, as deemed appropriate by the reviewing authority.

3.    Parking shall be provided in accordance with Chapter 17.87 PMC, Off-Street Parking.

4.    All outdoor retail activities shall be screened from public view, public rights-of-way, or less intensive land use districts. Landscaping, screen walls, berming or other approved means of screening may be used, in accordance with Chapter 17.86 PMC, Landscaping, Lighting, Screening and Walls.

5.    Areas designated for outdoor retail sales shall be set back a minimum of twenty (20) feet from any major or secondary arterial, or from any adjacent residential designation or use and shall include a minimum of ten (10) feet of landscaping.

6.    An all-weather ground surface material, such as but not limited to asphalt, gravel or decomposed granite, shall be installed in all areas utilized for outdoor retail sales and related services. Principal walkways shall be surfaced in compliance with the Title 24 of the California Code of Regulations. Parking areas shall be surfaced in accordance with PMC 17.87.050.

7.    All signs visible from the public right-of-way shall comply with Chapter 17.88 PMC, Signs.

8.    Retail sales shall not include the sale of adult-oriented merchandise, firearms, or off-sale alcohol.

9.    Outdoor retail uses shall not include mechanical carnival rides, except with the approval of a Temporary Use Permit for a specific event or activity.

10.    Outdoor retail uses shall not include the use of amplified sound, except with the approval of a Temporary Use Permit for a specific event or activity.

11.    Permanent sanitary facilities shall be provided on-site in accordance with City policies for commercial uses.

12.    On-site lighting shall be installed in accordance with PMC 17.86.030, Lighting Requirements.

13.    An adequate number of trash enclosures and receptacles shall be provided on site, as deemed appropriate by the reviewing authority.

14.    Food areas shall be specifically designated and provided with an adequate number of trash receptacles and seating.

15.    Outdoor retail sales shall conform with all local, state, and federal requirements.

C.    Review process

Outdoor retail sales uses shall be subject to the approval process as specified in the applicable zone district.

17.92.090 Convenience Stores

A.    Purpose and intent

It is the purpose of these regulations to establish specific standards for convenience stores. The intent is to provide for convenience shopping needs of the surrounding neighborhoods and/or automobile users while preventing potential negative impacts relating to noise, traffic, visual appearance, health and safety, loitering, alcohol consumption, and blight on the property.

B.    General standards

In addition to compliance with all other applicable statutes, ordinances and regulations, the following location and operation regulations shall apply to convenience stores where permitted by Conditional Use Permit:

1.    No video or arcade type of games shall be installed or operated on the premises.

2.    The site shall not have direct access on a residential collector or local residential street.

3.    All signage shall comply with Chapter 17.88 PMC. Temporary removable copy signs are expressly prohibited.

4.    The premises shall be kept in a neat and orderly condition at all times.

5.    Trash receptacles shall be provided at each building entrance and at convenient locations inside and outside of the convenience store.

6.    A bicycle rack shall be installed in a convenient location visible from the inside of the store.

7.    All public restrooms that are provided shall be accessible only from the inside of the store.

8.    Any security lighting, site lighting or illuminated signage shall be designed and/or directed so as not to adversely affect adjacent residential areas.

9.    Public pay telephones provided on-site shall not be set up for incoming calls. Public telephones shall be featured with call out service only.

10.    Convenience stores which sell beverages containing alcohol shall comply with the requirements of PMC 17.92.070. (Zoning Ordinance Amendment 98-1, adopted by City Council March 10, 1999.)

11.    The minimum site area shall be ten thousand (10,000) square feet, unless the convenience store includes the sale of gasoline, then the minimum lots size shall be one (1) acre (gross). (Zoning Ordinance Amendment 98-1, adopted by City Council March 10, 1999.)

12.    Direct vehicular access shall be provided to any adjacent commercial development whenever possible. Joint entrances with adjacent commercial developments shall be considered in order to minimize the number of curb cuts.

C.    Standards for concurrent sales of alcohol and gasoline

1.    No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler.

2.    No advertisement of alcoholic beverages shall be displayed at motor fuel islands.

3.    No sales of alcoholic beverages shall be made from a drive-in window.

4.    No display or sale of beer or wine shall be made from an ice tub.

5.    No beer or wine advertising shall be located on motor fuel islands and no self-illuminated advertising for beer or wine shall be located on buildings or windows.

6.    Employees on duty between the hours of 10 p.m. and 2 a.m. shall be at least 21 years of age to sell beer and wine.

D.    Review process

Convenience stores shall be subject to Conditional Use Permit approval in accordance with Chapter 17.22 PMC.

17.92.100 Sales, Rental and Leasing of Vehicles, Recreational Vehicles, and Equipment

A.    Purpose and intent

These regulations establish specific standards for establishments engaged in the sales, rental or leasing of used automobiles and trucks; marine craft; recreational vehicles; motorcycles; mobile homes; and heavy equipment. The intent of these regulations is to prevent potential negative impacts relating to noise, traffic, visual appearance, health and safety.

B.    Development standards

The above described uses shall conform to the following standards in addition to all other applicable standards and regulations:

1.    The minimum site area shall be twenty thousand (20,000) square feet net.

2.    Display areas, storage areas and customer parking areas shall be separated and clearly distinguished from each other.

3.    All parts and accessories shall be stored within a fully enclosed structure. No discarded parts or equipment or permanently disabled or wrecked vehicles shall be located on the premises other than within a fully screened storage area, and no such items shall project above the screen wall as seen from any public right-of-way or from any common or public areas of adjacent residential or commercial developments.

4.    All permitted repair and servicing of merchandise and all equipment necessary for such service and repair shall be located entirely within a fully enclosed building. The openings to such repair facilities shall not face any arterial street, except that pedestrian opening may be allowed. Repair of mobile homes, trailers, campers, and other excessively large motorized vehicles not able to fit inside the repair structure may be allowed outside only when conducted within an area that is completely screened from public view.

5.    Mobile home display areas must maintain a minimum setback of ten (10) feet between mobile homes, and shall have skirting installed on all sides of the mobile home which are visible from public view.

6.    For those uses not authorized to utilize a trailer or a mobile home as an office, a permanent office structure as defined by the latest adopted version of the Building Code, containing no less than three hundred (300) square feet shall be constructed on the site.

7.    All on-site parking and loading shall comply with Chapter 17.87 PMC.

8.    All landscaping shall be installed and permanently maintained pursuant to the following standards in addition to the provisions of Chapter 17.86 PMC.

a.    No less than fifteen (15) percent of the display area shall be permanently landscaped and provided with a permanent irrigation system. This landscaping shall be in addition to and shall not include the required landscaped setbacks.

b.    A combination of berm-type landscaping, raised landscape planters and/or low-profile walls reaching a height of approximately thirty (30) inches but not exceeding thirty-six (36) inches shall be used to define the display and storage areas.

9.    All on-site signage shall comply with the provisions of Chapter 17.88 PMC.

C.    Review process

Used automotive, marine craft, recreational vehicle, motorcycle, mobile home and heavy equipment sales, rental and leasing establishments shall be subject to Site Plan Review approval in accordance with Chapter 17.21 PMC or to Conditional Permit approval in accordance with Chapter 17.22 PMC, as specified by the applicable Zone District.

17.92.110 Service Stations (Automotive)/Auto Repair

(Zoning Ordinance Amendment 95-6 adopted by City Council April 10, 1996.)

A.    Purpose and intent

It is the purpose of these regulations to establish specific standards for automotive service stations and auto repair facilities. The intent is to prevent potential negative impacts relating to noise, traffic, visual appearance, health and safety. (Zoning Ordinance Amendment 95-6 adopted by City Council April 10, 1996.)

B.    Development standards

Service stations and auto repair facilities shall comply to the following standards in addition to all other applicable requirements: (Zoning Ordinance Amendment 95-6 adopted by City Council April 10, 1996.)

1.    The minimum lot size shall be one (1) acre (gross).

2.    All activities and operations shall be conducted entirely within an enclosed structure, except as follows:

a.    The dispensing of petroleum products, water, and air.

b.    The provisions of emergency service of minor nature.

c.    The sale of items via vending machines which shall be placed next to the main structure in a designated area not to exceed thirty two (32) square feet, and which must be screened from public rights-of-way.

3.    The cashier location within a service station shall provide direct visual access to the pump islands and the vehicle parking adjacent to the islands. (Zoning Ordinance Amendment 95-6 adopted by City Council April 10, 1996.)

4.    Interior drive aisles between pump islands shall be a minimum of 30 feet in width.

5.    There shall be a minimum distance of one hundred fifty (150) feet between curb cuts along a street frontage.

6.    The width of a driveway may not exceed thirty-six (36) feet at the sidewalk.

7.    Outside storage of motor vehicles is prohibited.

8.    No vehicles may be parked on sidewalks, parkways, driveways, or aisles.

9.    No vehicle may be parked on the premises for the purpose of offering same for sale.

10.    Landscaping shall comprise a minimum of fifteen (15) percent of the service station site area, exclusive of required setbacks, and shall be provided and permanently maintained according to the standards provided in Chapter 17.86 PMC and as required by the reviewing authority. Landscaping for automobile repair facilities will be provided as required by the zone district in which the facility is located, as required by Chapter 17.86 PMC, and as required by the reviewing authority. (Zoning Ordinance Amendment 95-6 adopted by City Council April 10, 1996.)

11.    Opening of service bays shall not face public rights-of way and shall be designed to minimize the visual intrusion onto adjoining properties.

12.    No used or discarded automotive parts or equipment or disabled, junked, or wrecked vehicles may be located in any required parking space, or in any open area outside the main structure. (Zoning Ordinance Amendment 95-6 adopted by City Council April 10, 1996.)

13.    All light sources, including canopy, perimeter, and flood, shall be energy efficient, stationary, and shielded or recessed within the roof canopy so that the service station shall be indirectly visible and light is deflected away from adjacent properties and public rights-of-way. Lighting shall not be of such high intensity as to cause a traffic hazard or adversely affect adjoining properties; the illumination level shall not exceed fifty (50) footcandles at any point on the site. No luminair shall be higher than fifteen (15) feet above the finished grade. (Zoning Ordinance Amendment 97-2 adopted by City Council June 11, 1997.)

14.    Service station restroom entrances shall be concealed from view from adjacent properties or public rights-of-way by planters or decorative screening. Restrooms provided within auto repair facilities shall be accessed from the building interior only. (Zoning Ordinance Amendment 95-6 adopted by City Council April 10, 1996.)

15.    Noise from bells or loudspeakers shall not be audible beyond the property line at any time.

16.    All parking, loading, circulation aisles, and pump island bay areas shall be constructed with (PCC) concrete.

17.    Repair services within service stations shall be limited to Light or General Repair only (as defined in PMC 17.16.010); heavy repair services within a service station shall require a Conditional Use Permit where permitted by the zone district. Auto repair facilities shall be subject to the development review process specified by the applicable zone district. (Zoning Ordinance Amendment 95-6 adopted by City Council April 10, 1996.)

18.    Signs shall conform to PMC 17.88.100(J) and other applicable sign provisions in Chapter 17.88 PMC.

C.    Review process

Service stations and auto repair facilities shall be subject to Site Plan Review approval in accordance with Chapter 17.21 PMC or to Conditional Permit approval in accordance with Chapter 17.22 PMC, as specified by the applicable zone district. (Zoning Ordinance Amendment 95-6 adopted by City Council April 10, 1996.)

17.92.120 Day Care, Commercial

A.    Purpose and intent

The purpose of these standards is to ensure that day care facilities are designed and constructed to provide quality care of the community’s children in a safe and nurturing setting, in a location where the facility will not be adversely impacted by surrounding land uses.

B.    Development standards

The following standards apply to any day care facility which is established as a primary commercial use or as an accessory use within a church or other social or community facility. Standards for large family day care are contained in PMC 17.26.090.

1.    Location:

a.    A day care facility shall be located no closer than three hundred (300) feet from any gasoline pump, underground gasoline storage tank, or any other storage of explosives or hazardous materials. (Zoning Ordinance Amendment 97-2 adopted by City Council June 11, 1997.)

b.    A day care facility shall be located no closer than five hundred (500) feet from any primary or incidental alcohol-related use, as defined in PMC 17.92.070.

c.    A day care facility shall be located no closer than one thousand (1,000) feet from any sexually-oriented or adult business as defined in PMC 17.16.190.

d.    A day care facility shall not be located within any area subject to a Community Noise Equivalent Level (CNEL) of 65 or greater, or within an Airport Protection Zone, as depicted on the General Plan Maps.

e.    Except as an accessory use to serve employees on the site, a day care facility shall not be established in an industrial or manufacturing zone.

f.    In approving a location for a day care facility, the City shall evaluate any adverse effects which may impact children from excessive truck traffic, air emissions, noise, adjacent land uses or other environmental issues affecting the proposed site.

2.    Drop-off areas

a.    To provided for the safe pick-up and delivery of children, an area shall be provided on the site designated for this purpose which all have a minimum of one vehicle loading space per twenty (20) children.

b.    Drop-off zones shall be located near the facility entryway, in such a way that children will not have to cross the parking lot or any traffic areas to enter the building.

c.    Drop-off zones shall be located and designed so that there shall be no queueing of vehicles onto the adjacent street or right-of-way.

d.    A one-way circulation pattern is encouraged.

3.    Play space

a.    A fenced outdoor play area shall be provided with a minimum area of seventy-five (75) square feet per child.

b.    Indoor play areas shall be provided with a minimum area of thirty-five (35) square feet per child.

c.    Restroom facilities shall be provided with a minimum of one toilet per fifteen (15) children.

4.    Signage, landscaping, lighting, screening and trash enclosures shall be provided in accordance with Division 8.

C.    Review process

Day care facilities shall be subject to Site Plan Review approval in accordance with Chapter 17.21 PMC or to Conditional Permit approval in accordance with Chapter 17.22 PMC, as specified by the applicable zone district.

17.92.130 Conversion of Residential Structures to Non-residential Uses

A.    Purpose and intent

The purpose of this Section is to provide standards to ensure the orderly transition of areas from residential uses to non-residential uses such as office uses or certain retail uses.

B.    Development standards

The following standards shall apply to any residential structure converted to a non-residential use:

1.    If access drive to rear of lot is less than twenty (20) feet in width, a turnaround shall be provided for vehicles exiting the site, and clear sight shall be provided between the driveway and the rear of the lot.

2.    A residential garage may be used to provide required on-site parking.

3.    All structures used for commercial or institutional purposes shall be brought into conformance with the applicable requirements of the building code, fire department, Americans with Disabilities Act, health department, or any other applicable City, County, State or Federal provision.

4.    Setbacks and yards established for the original structure may be deemed to meet setback and yard requirements for the Zone, provided that if the structures are non-conforming as to setbacks and yards, no additional encroachments into yard areas shall be allowed.

5.    Any non-residential use shall be connected to a public sewer system.

6.    Additional landscaping may be required to buffer the non-residential use from adjacent residential uses.

C.    Special sign requirements

Because of the permitted mix of non-residential uses within an existing residential neighborhood, the following special sign requirements shall apply for as long as residential uses exist within three hundred (300) feet of a non-residential use.

1.    No sign shall be internally illuminated.

2.    No neon lighting shall be permitted.

3.    Monument signs shall not exceed a height of four (4) feet or an area of thirty-two (32) square feet.

4.    No painted window signs shall be permitted.

D.    Review process

Conversion of a residential structure to a non-residential use shall be subject to Site Plan Review approval in accordance with Chapter 17.21 PMC or to Conditional Permit approval in accordance with Chapter 17.22 PMC, as specified by the applicable zone district for the proposed use.

17.92.140 Massage as an Accessory Use

(Zoning Ordinance Amendment 96-3 adopted by City Council January 8, 1997.)

A.    Purpose and Intent

It is the purpose of these regulations to establish specific standards for the provision of massage as an accessory use to a primary business. The intent is to provide for limited massage services in conjunction with other specific service and medical uses and to authorize corporate massage services to be provided for the employees of specified commercial or industrial businesses.

B.    Development Standards

In addition to all other conditions and restrictions that may be imposed by statute, ordinance or regulation, the following requirements apply to massage as an accessory use.

1.    Massage as an Accessory Use.

a.    Massage may be provided as follows:

(i)    As an accessory use in conjunction with an approved health club, athletic club, gym, hotel with one hundred or more rooms, beauty salon, barber shop or suntan parlor, when permitted in the zone district where the primary use is permitted.

(ii)    As an accessory use in conjunction with an approved physician’s, surgeon’s, chiropractor’s, osteopath’s or physical therapist medical practice, when permitted in the zone district where the primary use is permitted.

b.    For the purposes of this Section, an accessory use means a use where only one permitted massage technician is on-duty at any one time and which requires only one massage table or chair, provided that any such table conforms to the applicable provisions of PMC 5.04.560(F)(1)(h).

c.    For the purposes of accessory massage uses in conjunction with an approved physician’s, surgeon’s, chiropractor’s, osteopath’s or physical therapist’s medical practice, massage treatments may only be provided for medical purposes to patients of that medical practice or patients of a different caregiver, on a referral or prescription basis only. In no event may massage services be provided on a walk-in, self-referral basis.

d.    Massage as an accessory use must be administered by a massage technician who has been issued a permit and a business license pursuant to PMC 5.04.560 and who is in compliance with PMC 5.04.560(J), Massage Technicians – General Provisions.

e.    The accessory massage use must be incidental to the primary business or business location, and the owner of the primary business is not required to obtain a separate massage establishment permit for this accessory use. The owner of the primary business is responsible for the massage activities of all massage technicians employed at the location and must comply with PMC 5.04.560(F)(1)(a) through (e), (g) and (h) and (F)(2)(b) through (o), Massage Establishment – Facility and Operating Requirements.

f.    The business license relating to the primary use is subject to revocation if any of the massage activities are in violation of this Section or in violation of any other conditions or restrictions that are imposed upon the primary use for the purpose of regulating massage as an accessory use.

2.    Corporate Massage as an Accessory Use.

a.    Corporate massage may be provided as an accessory use within an approved commercial or industrial business, for the employees of that business only, when corporate massage is permitted in the zone district where the primary use is permitted.

b.    For the purposes of this Section, a corporate massage use means a use which requires only one chair to be utilized at any one time.

c.    Corporate massage must be administered by a massage technician who has been issued a permit and a business license pursuant to PMC 5.04.560 and who is in compliance with PMC 5.04.560(J), Massage Technicians – General Provisions.

d.    The corporate massage service must be incidental to the primary business, and the owner of the primary business is not required to obtain a separate massage establishment permit for this accessory use. The owner of the primary business is responsible for the massage activities of all massage technicians employed or rendering services at the location and must comply with PMC 5.04.560(F)(1)(a), (c), (d) and (g) and (F)(2)(c), (e) through (h) and (j) through (o), Massage Establishment – Facility and Operating Requirements.

e.    The business license relating to the primary use is subject to revocation if any of the massage activities are in violation of this Section or in violation of any other conditions or restrictions that are imposed upon the primary use for the purpose of regulating massage as an accessory use.

17.92.150 Tobacco/Smoking Products Retailer

(Zoning Ordinance Amendment 08-02, adopted by City Council January 6, 2010)

A.    Purpose and Intent

It is the purpose of these regulations to establish specific standards for retail establishments which sell Tobacco/Smoking Products, to ensure that such businesses are appropriately located and operated so as not to pose a significant threat to the public health, safety, and welfare.

B.    Definitions

For the purposes of this Chapter, the following words and phrases are defined as follows. Any word, phrase or term that is not defined in this Chapter but that is defined in another Chapter shall have the meaning prescribed by such other Chapter.

Self-Service Display means the open display or storage of Tobacco, Smoking Products or Smoking Paraphernalia in a manner that is physically accessible in any way to the general public without assistance of the retailer or employee of the retailer. A vending machine is a form of Self-Service Display.

Smoking Product means any substance produced or sold to be used for smoking, ingestion or consumption in cigarettes, cigars, pipes, hookahs, e-cigarettes or other similar objects. (Zoning Ordinance Amendment 14-03, adopted by City Council July 2, 2014.)

Tobacco/Smoking Paraphernalia means cigarette papers or wrappers, blunt wraps as defined in Section 308 of the Penal Code, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other instrument or paraphernalia designed for the smoking, preparation, storing, ingestion or consumption of tobacco and other smoking products.

Tobacco Product means (1) any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; and (2) any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco product dependence.

Tobacco/Smoking Product Retailer means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, in public view, tobacco, Tobacco Products, Smoking Products, Tobacco/Smoking Paraphernalia. Any person who distributes free or low cost samples of Tobacco Products, Smoking Products or Tobacco/Smoking Paraphernalia shall be deemed to be a Tobacco/Smoking Product Retailer under this Chapter. ‘Tobacco Retailing’ shall mean the doing of any of these things. This definition is without regard to the quantity of Tobacco, Tobacco or Smoking Product, or Tobacco or Smoking Paraphernalia sold, offered for sales, exchanged or offered for exchange.

C.    Conditional Use Permit Requirement

1.    No new Tobacco/Smoking Product Retailer use shall be established unless a permit has first been obtained pursuant to Chapter 17.22 PMC, Conditional Use Permits.

2.    In addition to the information required by Chapter 17.22 PMC, the following shall be included with the Conditional Use Permit application:

a.    An interior floor plan of the proposed establishment drawn to scale indicating the total gross floor area and the percentage of merchandise which consists of tobacco or smoking products and paraphernalia.

b.    A vicinity map indicating the location of the proposed establishment and the distance separation from those uses specified in the location standards of this Section.

D.    Location Standards

1.    A new Tobacco/Smoking Product Retailer use shall be separated from existing sensitive uses based on the location standards specified below:

Use

Distance

*Public or Private K-12 School or Commercial Day Care

500 feet

Hospitals, Public Parks and Libraries, and Recreation Centers

500 feet

*    Includes both existing school facilities and undeveloped school sites as identified by the applicable School District; excludes Small and Large Family Day Care.

2.    For purposes of this Section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or suite wall where a Tobacco/Smoking Product Retailer use is proposed to be conducted, to the nearest building or suite wall of an existing use or nearest property line if there is no structure. For school and park uses, the distance shall be measured from the nearest portion of the building or suite wall where the Tobacco/Smoking Product Retailer use is proposed to the nearest property line of the school or park site.

E.    Development Standards

In addition to any conditions imposed by the approval authority, retail sales of tobacco and Smoking Products that require a Conditional Use Permit shall comply with the following development standards:

1.    The Tobacco/Smoking Product Retailer shall comply with all applicable local, State, and Federal laws regarding the advertising, display, or sales of Tobacco/Smoking Products.

2.    Only store employees shall have immediate access to the Tobacco Products, Smoking Products and/or Tobacco/Smoking Paraphernalia. It is unlawful for any person, business or Tobacco/Smoking Product Retailer to sell, permit to be sold, offer for sale or display for sale any Tobacco Product or Smoking Product by means of Self-Service Display or by means other than vendor-assisted sales.

3.    No Tobacco/Smoking Product Retailer shall sell or transfer a Tobacco Product, Smoking Product or Tobacco/Smoking Paraphernalia to another person who appears to be under the age of twenty–seven (27) years, without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law, to purchase and possess the Tobacco Product, Smoking Product or Tobacco/Smoking Paraphernalia.

4.    No Tobacco/Smoking Product Retailer shall permit any person who is younger than the minimum age established by state law for the purchase or possession of Tobacco Products, to engage or participate in the sale of Tobacco Products or Tobacco/Smoking Paraphernalia.

5.    No person, business, Tobacco/Smoking Product Retailer or other establishment shall sell or offer for sale cigarettes or other Tobacco or Smoking Products not in the original packaging provided by the manufacturer and with all required health warnings.

6.    No permit may be issued to authorize Tobacco Retailing at a location that is licensed under State law to serve alcoholic beverages for consumption on the premises (e.g., an “on sale” license issued by the California Department of Alcoholic Beverage Control) and no license may be issued to authorize Tobacco Retailing at any location offering food for sale for consumption by guests on the premises.

7.    The establishment shall be a member of the “Business Watch Program.”

8.    Litter and trash receptacles shall be conveniently located inside and outside the establishment, and trash and debris shall be removed from the receptacles on a daily basis.

9.    The exterior of the establishment, including all signs, accessory buildings and structures, shall be maintained free of litter and graffiti at all times. Graffiti shall be removed within twenty-four (24) hours of written notice from the City.

10.    Loitering in the public right-of-way, parking area and in front of the property and adjacent properties shall be prohibited.

11.    No person shall commence Tobacco Retailing until that person first or concurrently obtains a Tobacco/Smoking Product Retailer’s permit under PMC 5.04.670.

12.    The establishment shall conspicuously post the following interior sign stating:

“We ID everyone under 27 years of age for tobacco sales.” The dimensions of such sign shall be at least eight (8) inches by eleven (11) inches. If the predominant language of the establishment’s clientele is not English, then a sign shall also be posted in that language.

F.    Training Requirements

1.    Each person who sells Tobacco or Smoking Products or Tobacco/Smoking Paraphernalia shall successfully complete a responsible tobacco retailing training. The program shall be completed within sixty (60) days of assuming the position that involves sale of Tobacco or Smoking Products and/or Tobacco/Smoking Paraphernalia, and shall be periodically completed again not less than once every three (3) years.

2.    Records of successful completion of responsible tobacco retailing training shall be maintained on the premises, and shall be presented to City and Los Angeles County Sheriff’s Department representatives upon request.

G.    Waiver Process

1.    Any Tobacco/Smoking Products Retailer may apply for a waiver from the location standards specified in this subsection. A request for a waiver shall be submitted in conjunction with the Conditional Use Permit application for the proposed establishment and shall be reviewed concurrently by the approving authority for the Conditional Use Permit application. The approving authority shall approve or disapprove the waiver request and shall make all of the following findings in addition to the Conditional Use Permit findings in approving a waiver request for the proposed establishment:

a.    Granting the waiver will serve a specific community need.

b.    Granting the waiver will not be detrimental to the public health, safety or welfare and will not adversely affect nearby property or uses, either directly or indirectly.

c.    Granting the waiver will not be contrary to the purpose of this Section.

H.    Existing Tobacco/Smoking Product Retailers

Any Tobacco/Smoking Product Retailer legally established prior to the effective date of this ordinance shall not be required to obtain a Conditional Use Permit, and shall not be considered a legal non-conforming use subject to abatement, unless a modification of the approval for the use is sought and the modification is not considered minor subject to PMC 17.26.040. Any existing Tobacco/Smoking Product Retailer use that has been discontinued for a period of 180 days or more shall require a Conditional Use Permit, prior to reestablishing retailing of tobacco / smoking products.

17.92.160 Pawn Shops / Secondhand Stores / Purchase and Sale of Secondhand Tangible Personal Property

(Zoning Ordinance Amendment 10-01, adopted by City Council August 4, 2010)

A.    Purpose and intent

It is the purpose of these regulations to establish specific standards for pawn shops, secondhand stores and businesses which purchase and sell secondhand tangible personal property incidental to their primary business (such as a jewelry store which purchases gold/jewelry) to ensure that such businesses are appropriately located and operated so as to not pose a significant threat to the public health, safety, and welfare by curtailing the dissemination of stolen property and facilitating the recovery of stolen property.

B.    Conditional Use Permit Requirement

1.    No new Pawn shop, Secondhand store, or business which purchases and/or sells secondhand tangible personal property shall be established unless a permit has first been obtained pursuant to Chapter 17.22 PMC, Conditional Use Permits.

2.    In addition to the information required by Chapter 17.22 PMC, the applicant shall submit a detailed security plan which describes the proposed interior and exterior security measures applicable to the proposed business. The plan shall address issues such as safes to be installed, alarm systems, deployment of any security personnel, funds transportation measures, hours of operation, shift personnel staffing, CCTV applications, type of loss prevention/crime prevention training provided to employees and any other applicable measures.

C.    Development Standards

In addition to any conditions imposed by the approval authority, Pawn shops, Secondhand stores or businesses which purchase secondhand tangible personal property shall comply with the following development standards:

1.    Comply with all applicable local, State, and Federal laws.

2.    No person shall obtain a Conditional Use Permit for a Pawn shop, secondhand store or business which purchases secondhand tangible personal property unless that person first or concurrently obtains a Pawnbrokers/ Secondhand Dealers permit under PMC 5.04.580.

3.    Hours of Operation. No Pawn shop or Secondhand store, nor any employee thereof, shall accept any pledge, or loan any money for personal property, or purchase or receive any goods, wares or merchandise, or any article or thing, or in any manner whatsoever engage in or conduct business as a pawn shop or secondhand store between the hours of 7:00 p.m. of any day and 7:00 a.m. of the following day. Businesses which purchase seconhand tangible personal property shall not engage in such activity between the hours of 7:00 p.m. of any day and 7:00 a.m. of the following day.

4.    The establishment shall not engage in any transaction with any person under 18 years of age.

5.    The cashier area shall be equipped with a CCTV/Security System with digital recording, playback capability and single image retrieval to aid in criminal apprehension. The recorder should be housed in a secure room away from the cash register/counter area. Recording field should include the cash register area, customer counter area and as a customer is entering/exiting the establishment. Camera(s) focused on the entry/exit should be mounted and angled to capture customer’s faces. Camera(s) should be used in conjunction with public view monitor(s) to create public awareness that a video surveillance system is in place and to discourage criminal acts. Recordings shall be maintained for minimum of 90 days.

6.    The cashier area shall be equipped with a telephone.

7.    The businesses shall be equipped with a central station silent robbery alarm. Employees shall be instructed not to use this alarm as a panic button for other store-related problems in lieu of calling for law enforcement response by telephone.

8.    Alarm buttons or other activation devices shall be placed at the cash register site, in the administration office, and in any other locations deemed appropriate by management.

9.    Storage rooms, including roof access doors, maintenance, mechanical, electrical, and other room doors that contain property that may be susceptible to theft, shall be covered by a silent intrusion alarm system. These systems may terminate at the front desk.

10.    Any office or room where funds are counted should have a solid core door with a minimum thickness of 1¾” and should be secured by a deadbolt lock with a minimum throw of one (1) inch. Door should also include a one-way vision panel with burglary-resistant glazing to provide visual surveillance of the interior of the store.

11.    Outside hinges on all exterior doors shall be installed with non-removable pins when pin-type hinges are used or shall be installed with hinge studs, to prevent removal of door.

12.    Any delivery and/or receiving door(s) shall be equipped with a peephole/vision panel and a delivery notification system.

13.    A security height marker shall be installed on all public entrances/exits.

14.    The premises, while open or closed for business after dark, must be sufficiently lighted by use of interior night-lights.

15.    Window signage shall be limited to no more than 25 percent coverage of window area provided visibility into the building is maintained as stated in PMC 17.88.070.

16.    The use of an ultra violet light shall be required to verify all identification presented.

17.    The establishment shall be required to register in the City of Palmdale Business Watch Program and receive merchant fraud training through the Public Safety Department.

D.    Existing Pawn Shop/Secondhand Store

Any Pawn shop or Secondhand store legally in existence as of the effective date of this ordinance shall have one year in which to bring the business into compliance with this ordinance.

E.    Findings

In addition to the findings required for approval of a Condition Use Permit as listed within PMC 17.22.050 and requirements for revision or modification of a Conditional Use Permit as listed within PMC 17.22.060, the provisions of state law shall also apply.

17.92.170 Car Washes, Express

A.    Purpose and Intent.

It is the purpose of these regulations to establish specific standards for express car washes facilities. The intent is to insure that express car washes facilities are designed and located in a manner that minimize impacts to adjacent uses, aesthetic impacts, and ensure compatibility with the surrounding uses and neighborhood while at the same time permitting Express Car Wash uses.

B.    Development and Use Standards

Any express car wash use shall be developed and operated in conformance with the following standards in addition to any other applicable standards and regulations:

1.    The car wash use shall operate between the hours of 7:00 a.m. to 9:00 p.m., daily unless otherwise approved by the reviewing authority.

2.    Noise generated by an Express Car Wash use shall not impact existing or future adjacent residential uses in compliance with the Palmdale General Plan Noise Element. Acoustical studies and manufacturers data and information may be requested as needed to demonstrate compliance with this requirement.

3.    Express car wash uses shall utilize a water recycling system incorporating best management practices (BMP’s).

4.    Express car wash tunnels shall be designed so that the exiting service bay, typically containing the drying equipment, does not face residentially designated property or residential uses.

5.    All security lighting, site lighting or illuminated signage shall comply with all Zoning Ordinance requirements and shall be designed and/or directed so as not to adversely impact adjacent residential areas.

6.    Signs shall be posted prohibiting loitering and amplified music at the subject site. Such signs shall be posted within the customer self service area/vacuum areas.

7.    Outdoor detailing services and facilities that include but are not limited to waxing, buffing, and engine steam cleaning shall be prohibited under the Express Car Wash.

8.    Freestanding outdoor vending machines shall be prohibited on the site. Vending machines for auto wash products or other related retail products shall only be designed as through the wall vending machines.

9.    The applicant shall provide a floor plan identifying the areas utilized for retail sales. All proposed retail sales shall comply with the applicable requirements of the Palmdale Zoning Ordinance.

10.    No type of video or arcade games shall be located on the premises.

11.    The premises shall be kept in a neat and orderly condition at all times.

12.    Trash receptacles shall be provided at the building entrance and at convenient locations within the customer self service area/vacuum areas.

13.    All public restrooms that are provided shall be accessible only from the inside the customer waiting area.

17.92.180 Tattoo and Body Piercing Establishments

(Zoning Ordinance Amendment 14-02, adopted by City Council July 2, 2014.)

A.    Purpose and intent

It is the purpose of these regulations to establish specific standards for Tattoo and Body Piercing Establishments, to ensure that such businesses are appropriately located and operated so as not to pose a significant threat to the public health, safety, and welfare.

B.    Definitions

For the purposes of this Section, the following words and phrases are defined as follows. Any word, phrase or term that is not defined in this Section but that is defined in another Section shall have the meaning prescribed by such other Chapter.

Body piercing shall mean the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration, including, but not limited to, the piercing of a lip, tongue, nose, or eyebrow. “Body piercing” does not include the piercing of an ear, except for the tragus, with a disposable single-use, pre-sterilized stud or clasp or solid needle that is applied using a mechanical device to force the needle or stud through the ear.

Tattoo shall mean to insert pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin.

C.    Conditional Use Permit Requirement

1.    No Tattoo and Body Piercing Establishments use shall be established unless a permit has first been obtained pursuant to Chapter 17.22 PMC, Conditional Use Permits.

2.    In addition to the information required by Chapter 17.22 PMC, the following shall be included with the Conditional Use Permit application:

a.    An interior floor plan of the proposed establishment drawn to scale indicating the total gross floor area of the establishment, the areas within the establishment where tattooing and body piercing services are to be conducted, decontamination and sterilization areas, and waiting areas.

b.    The interior floor plan shall identify an area where tattooing and body piercing services are to be applied on intimate body parts where no viewing areas are available from within the establishment or from the exterior of the establishment.

c.    A vicinity map indicating the location of the proposed establishment and the distance separation from those uses specified in the location standards of this Section.

D.    Location Standards

1.    An establishment shall be separated from existing sensitive uses based on the location standards specified below:

 

 

Min. Distance

Other Tattoo and Body Piercing Establishments

500

*Public or Private K-12 School or Day Care

500

Public Parks, Recreation Centers, Public Libraries, or Trails, Excluding Bike Lanes

500

All Primary On-Sale Alcoholic Beverage Establishment

500

*    Includes both existing school facilities and undeveloped school sites as identified by the applicable School District.

2.    For purposes of this Section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or suite wall where a Tattoo and Body Piercing Establishment is proposed to be conducted, to the nearest building or suite wall of an existing use or nearest property line if there is no structure. For school and park uses, the distance shall be measured from the nearest portion of the building or suite wall where the Tattoo and Body Piercing Establishment use is proposed to the nearest property line of the school or park site.

E.    Development Standards

In addition to any conditions imposed by the approval authority, Tattoo and Body Piercing Establishments shall comply with the following development standards:

1.    The owner of an establishment shall obtain a Health Permit through the Los Angeles County Department of Public Health, operate the facility in a safe and clean manner, maintain written procedures for the operation of the facility, and maintain records of training and equipment sterilization.

2.    All practitioners shall annually register with the County of Los Angeles Department of Public Health, obtain annual blood-borne pathogen training, provide documentation of Hepatitis B vaccination status, obtain specific health information from clients, and obtain “informed consent” from clients, as required by the Department of Public Health.

3.    Records of successful completion of registration and annual renewals of County of Los Angeles Department of Public Health permits for the owner of the establishment and any person providing services in the establishment shall be maintained on the premises, and shall be presented to City employees and Los Angeles County Department of Public Health (DPH), Environmental Health Division inspectors on demand. An electronic copy of such records shall be provided on an annual basis to the Planning Division.

4.    No Tattoo or body piercing shall be performed without first obtaining “Informed Consent” from a client, as required by the Department of Public Health.

5.    No establishment shall provide services to any person who is younger than the minimum age established by state law.

6.    Amplified sound, loud music, shall not be heard outside of the premises; the establishment shall contain all activities within the establishment.

7.    The establishment shall be a member of the “Business Watch Program.”

8.    Litter and trash receptacles shall be conveniently located inside and outside the establishment, and trash and debris shall be removed from the receptacles on a daily basis.

9.    The exterior of the establishment, including all signs, accessory buildings and structures, shall be maintained free of litter and graffiti at all times. Graffiti shall be removed within twenty-four (24) hours of written notice from the City.

10.    Loitering in the public right-of-way, parking area and in front of the property and adjacent properties shall be prohibited.

11.    The establishment shall conspicuously post the following interior sign stating:

“We ID everyone under 27 years of age for any request for our services.” The dimensions of such sign shall be at least eight (8) inches by eleven (11) inches. If the predominant language of the establishment’s clientele is not English, then a sign shall also be posted in that language.

17.92.190 Pet Boarding and Daycare

A.    Purpose and Intent

It is the purpose of these regulations to establish specific standards for pet boarding and daycare facilities located in the Industrial Zones (M-1, M-2, M-3 and M-4). The intent is to ensure that such uses are compatible with the surrounding areas by preventing potential negative impacts related to odor, noise, traffic, visual appearance, health and safety.

B.    Development Standards

Pet boarding and daycare facilities shall be established and operated in accordance with the following requirements:

1.    Pet boarding and daycare facilities shall be conducted and operated in accordance with standards established by the Los Angeles County Animal Care and Control Department (Los Angeles County Code, Title 10 – Animals).

2.    All pet housing must be inside an enclosed building. Air intake and discharge should be on roof (no penetration of walls allowed without acceptable sound baffling and air filtration). No operable windows allowed, and fixed windows (if provided) must be double glazed. Light from nonoperable skylights is allowed.

3.    Solid fencing a minimum eight (8) feet high shall be provided around all outdoor exercise areas.

4.    Unattended outdoor exercise areas shall be visually screened from other exercise areas such that pets cannot see each other.

5.    Exercise in outdoor areas is not permitted between the hours of 9:00 p.m. and 7:00 a.m.

6.    The disposal of animal waste shall be in accordance with applicable Federal, State and local laws.

7.    The location of any animal enclosures shall be in accordance with PMC 17.61.090, 17.62.090, 17.63.090 and 17.64.100, respectively.

8.    Off-street parking shall be provided in accordance with Chapter 17.87 PMC, Off-Street Parking; however, in no event shall the number of spaces be less than five (5).

9.    All signage shall comply with the provisions of Chapter 17.88 PMC, Signs.

C.    Review Process

Pet boarding and daycare uses in Zones M-1, M-2, M-3 and M-4 shall be subject to approval of a Conditional Use Permit in accordance with Chapter 17.22 PMC. (Zoning Ordinance Amendment 16-01, adopted by City Council September 7, 2016.)