Chapter 9.20 SPECIAL USES AND APPLICABLE STANDARDS

The special regulations included in this chapter are supplementary provisions for uses which the city finds require special attention due to their sensitive nature and potential impacts to the community. These regulations are intended to provide clarification and amplification of the provisions and standards governing development in each zone. (Ord. 806 § 1, 2007).

9.20.020 Conformity to special regulations.

The special regulations contained in this chapter shall govern all the uses, land, buildings, and structures in every zone where the provisions apply, and except as otherwise provided in this title, no building, structure or use shall be established for the specific uses found within this chapter without conforming to these special standards of development. (Ord. 806 § 1, 2007).

9.20.025 Uses subject to conditional use permit.

In addition to any requirements which the commission may deem necessary for the public health, safety and/or general welfare, some uses may only be established by approval of a conditional use permit. All standards prescribed for each conditional use herein shall apply, unless the commission specifically amends or omits said standards. Uses requiring a conditional use permit are duly noted in the title of each special use. (Ord. 806 § 1, 2007).

9.20.030 Uses subject to site plan review.

In addition to the standards of development prescribed in this title, the planning commission may apply additional standards for a proposed special use, which is permitted by right as part of the site plan review process, if it is found that said standards are necessary for the public health, safety and/or general welfare. Uses requiring site plan review approval by the planning commission are duly noted in the title of each special use. All standards prescribed for each special use herein shall apply, unless the commission specifically amends or omits said standards. (Ord. 806 § 1, 2007).

9.20.035 Accessory uses.

Accessory uses may be developed as permitted in this title, provided such uses are located on the same lot or parcel of land and are incidental to and do not substantially alter the character of any permitted principal use. (Ord. 806 § 1, 2007).

9.20.036 Accessory dwelling units.

In addition to compliance with all other applicable statutes, ordinances and regulations, the following regulations shall apply to accessory dwelling units:

A. Intent and Purpose. The intent of this section is to implement Sections 65852.2 and 65852.22 of the California Government Code (Government Code) and to establish standards to regulate the placement and design of accessory dwelling units in compliance with the Government Code.

B. Definitions. For purposes of this section the following terms and phrases shall be defined as described herein:

“Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated on. Accessory dwelling units may include an efficiency unit as defined in Section 17958.1 of the Health and Safety Code or a manufactured home as defined in Section 18007 of the Health and Safety Code. An accessory dwelling unit shall not be considered in the calculation of density for the lot upon which it is located.

“Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.

“Efficiency unit” means a dwelling unit with an occupancy by no more than two persons which has a minimum floor area of 150 square feet, and which may also have partial kitchen or bathroom facilities.

“Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size, created entirely within the walls of a single-family dwelling located on a lot with no more than one single-family dwelling. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. A junior accessory dwelling unit shall not be considered in the calculation of density for the lot upon which it is located.

“Multifamily dwelling” means a structure with two or more attached dwellings on a single lot. Multiple detached single-unit dwellings on the same lot are not considered multifamily dwellings for the purpose of this section.

“Newly constructed” means the construction of new walls and roofs either attached to an existing dwelling unit or accessory structure or detached from an existing dwelling unit on a lot.

“Primary dwelling” means a residential structure on a single parcel with provisions for living, sleeping, eating, a single kitchen for cooking, and sanitation facilities. Where more than one residential structure exists on a lot, the “primary dwelling” will either be the residential structure that was first permitted.

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

C. Applicability. These regulations shall apply to all accessory dwelling unit and junior accessory dwelling units in the city. In the event of a conflict between the provisions of this chapter and the California Government Code, the California Government Code shall take precedence.

D. Permit Requirements. The following shall apply to all accessory dwelling units in the city:

1. Accessory dwelling units and junior accessory dwelling units created within the existing walls and roof of a dwelling unit or accessory structure shall only require a building permit approval, with no further review by the director of community development; provided, that the proposed accessory dwelling unit has independent exterior access, and the side and rear setbacks are sufficient for fire safety.

2. Newly constructed detached or attached accessory dwelling units shall be subject to ministerial approval of site plan review by the director of community development. A site plan review application shall contain the following information:

a. A fully dimensioned site plan containing the following information:

i. Name and address of the applicant and of all persons owning any or all of the subject property.

ii. Address and assessor parcel number(s) of subject property.

iii. Property dimensions and square footage of the subject property.

iv. The use, location and size of all existing buildings and structures on the property and the proposed accessory dwelling unit, yards, driveways, access and parking areas, landscaping, walls or fences, and other similar features.

b. A fully dimensioned floor plan of the existing residence and the proposed accessory dwelling unit.

c. A roof plan for all existing and proposed structures.

d. A set of fully dimensioned building elevations of all sides of all existing structures on the property and the proposed accessory dwelling unit.

E. Standards of Development.

1. The following standards apply to all accessory dwelling units:

a. General.

i. Any new landscaping shall comply with Chapter 9.34 BGMC, Landscaping.

ii. The exterior of an accessory dwelling unit shall match the existing primary or accessory structures on the lot in material, texture, paint color, trim, and window and door details.

iii. The roof of the accessory dwelling unit shall match the roof of the existing primary dwelling unit or accessory structure in style, material, and color.

iv. All new mechanical equipment associated with the accessory dwelling unit shall be located on the ground no less than three feet from the side and rear property lines. Any existing equipment located on the roof or exterior walls of the existing single-family dwelling unit or accessory structure shall be provided with a decorative screen to shield such equipment from view and shall be placed at least six inches below the top of the lowest building parapet or decorative screen. No plumbing line shall be placed upon the exterior wall of a structure unless such line is enclosed or otherwise screened from view.

b. Maximum Number of Dwelling Units. Only one type of dwelling unit listed in the subsections below shall be permitted. At no time shall any of the dwelling units described in the subsections below be combined:

i. Converted accessory dwelling unit on lots with single-family dwelling: only one accessory dwelling unit and/or one junior accessory dwelling unit on a lot with a proposed or existing single-family dwelling on it, where the accessory dwelling or junior accessory dwelling unit:

(A) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or within the existing space of an accessory dwelling.

(B) Has exterior access that is independent of that for the single-family dwelling.

Lots with multiple detached single-family dwellings are not eligible to have a junior accessory dwelling unit.

ii. New accessory dwelling unit on lots with single-family dwelling: one newly constructed detached accessory dwelling unit on a lot with a proposed or existing single-family dwelling, in addition to any junior accessory dwelling unit that might otherwise be established on the lot under subsection (E)(1)(b)(i) of this section.

iii. Converted accessory dwelling unit on lots with multifamily dwellings: multiple accessory dwelling units within portions of existing multifamily dwelling structures that are not used as livable spaces, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, may be converted into an accessory dwelling unit they comply with the state building standards for dwellings. Only one converted accessory dwelling unit is allowed within an existing multifamily dwelling and additional accessory dwelling units up to 25 percent of the existing multifamily structures.

iv. New accessory dwelling unit on lots with multifamily dwellings: no more than two detached new accessory dwelling units may be located on a lot that has an existing multifamily dwelling structure.

c. Development Standards Matrix – Newly Constructed Accessory Dwelling Units.

Maximum Floor Area	1. The maximum square footage for an attached or detached ADU shall be 850 square feet for an ADU that is a studio or one bedroom and 1,000 square feet for an ADU with two bedrooms or more.
	2. The total square footage of an attached ADU shall not exceed 50 percent of the existing or proposed primary dwelling, if it doesn’t prevent an accessory dwelling unit of at least 800 square feet (or at least 1,000 square feet for ADUs with more than one bedroom).
	3. An accessory dwelling unit created within the existing or proposed space of a single-family dwelling or accessory structure can be expanded beyond the physical dimensions of the structure. Maximum floor area standards shall apply.
	4. An accessory dwelling unit created within the existing accessory structure may be expanded beyond the physical dimensions of the structure, up to 150 square feet without application of development standards.
Minimum Floor Area	150 sq. ft.
Location	1. Accessory dwelling units are permitted by right in all areas zoned for residential and mixed-use.1
First Story Setbacks	4'
Side2
Streetside2	4'
Rear2	4'
Allowable Projections	1. Per BGMC 9.46.050
	2. The stairway access to a second floor shall be interior. However, exterior stairway access to the second floor may be permitted when it is not readily visible from the street. The location and the design of the stairway shall be architecturally integrated into the design of the accessory dwelling unit.
Maximum Height	1. 25' total combined height of existing structure and accessory dwelling unit.
Minimum Building Separation	10' between dwelling units 6' between accessory structures (nonlivable)
Parking	1. One space per accessory dwelling unit or each bedroom within the accessory dwelling unit, whichever is less.
	2. Parking may be configured as tandem parking or within the rear or side setback area of a lot.
	3. Parking and/or replacement parking is not required for any accessory dwelling unit located:
	a) Within one-half mile walking distance of public transit; or
	b) Within an architecturally and historically significant historic district; or
	c) Within a proposed or existing primary residence or an accessory structure; or
	d) In an area where on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or
	e) In an area where a car share vehicle is located within one block of the accessory dwelling unit.
	4. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the off-street parking spaces do not have to be replaced. However, all portions of any existing driveway shall remain, except to the extent that the driveway becomes blocked by a new habitable structure.

1. Residential or mixed-use zone should be construed broadly to mean any zone where residential uses are permitted by-right or by conditional use permit.

2. All exterior walls shall be in compliance with building code.

d. Exemption. Development standards listed in this section shall not be applicable if their application prevents the creation of an ADU at least 800 square feet with a height of at least 16 feet and four-foot side and rear yard setbacks.

F. Junior Accessory Dwelling Units.

1. The following standards apply to the establishment of junior accessory dwelling units. Junior accessory dwelling units will typically be smaller than an accessory dwelling unit and will be constructed entirely within the walls of an existing or proposed single-family dwelling.

a. Size. A junior accessory dwelling unit shall not exceed 500 square feet in size. Junior accessory dwelling units may not be expanded beyond the existing square footage of the space within the single-family dwelling.

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

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

d. Short-Term Rentals. The junior accessory dwelling unit shall not be rented for periods less than 31 days.

e. Location. A junior accessory dwelling unit shall be entirely within a legal single-family residence. As such, the structure in which the junior accessory dwelling unit is located must be in a zone that allows single-family dwellings, and must comply with all development requirements (e.g., architectural, historic preservation) otherwise applicable to the primary dwelling. Junior accessory dwelling units shall not be located in an accessory structure with the exception of an attached garage.

f. Access. A junior accessory dwelling unit shall be provided with a separate exterior entrance.

g. Sanitation Facilities. Junior accessory dwelling units may share sanitation facilities with the existing single-family structure. In the case of shared sanitation facilities, an interior entry to the accessory dwelling unit from the main living area of the primary residential structure shall be provided.

h. Kitchen Requirements. The junior accessory dwelling unit shall include an efficiency kitchen, including a cooking facility with appliances, a food preparation counter and storage cabinets that are reasonable size in relation to the size of the junior accessory dwelling unit.

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

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

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

G. Occupancy.

1. Owner occupancy is required for any accessory dwelling unit constructed subject to a building permit issued after January 1, 2025. Subject to this subsection, property owners must either occupy the primary dwelling or the accessory dwelling unit as their permanent home and principal residence. A violation of this subsection will result in revocation of the ADU permit.

2. Should a property have both an accessory dwelling unit and junior accessory dwelling unit, owner occupancy is required for the newly created junior accessory dwelling unit constructed subject to a building permit issued after January 1, 2020. Subject to this subsection, property owners must either occupy the primary dwelling or the junior accessory dwelling unit as their permanent home and principal residence. A violation of this subsection will result in the revocation of the junior accessory dwelling unit permit.

3. Any accessory dwelling unit or junior accessory dwelling unit shall not be rented out for less than 31 consecutive calendar days. (Ord. 919 § 3, 2021).

9.20.040 Adult day care centers – Conditional use.

(Adopted per Ord. No. 798, 3/29/06).

In addition to compliance with all other applicable statutes, ordinances, and regulations, the following regulations shall apply to adult day care centers where they are permitted by conditional use permit:

A. The minimum lot area requirement shall be 20,000 square feet.

B. The minimum floor area requirement shall be 6,000 square feet.

C. All buildings, structures and landscaping shall be, insofar as is practical, harmonious and compatible with the development of surrounding properties.

D. A circulation plan detailing adequate pickup and drop-off procedures within the provided parking area shall be submitted, subject to the approval of the city engineer.

E. The owner, or his/her agent, shall provide proof of compliance with the regulations of the California State Department of Social Services, and any other state or federal agency regulating such use.

F. A minimum of five percent of the total lot area shall be required for landscaping.

G. All signs shall be in accordance with Chapter 9.40 BGMC, Signs.

H. The site plan required by Chapter 9.50 BGMC, Variances and Conditional Use Permits, shall, in addition to other requirements, indicate compliance with the provisions of this section. (Ord. 806 § 1, 2007).

9.20.045 Adult entertainment businesses.

A. Adult entertainment businesses are defined as follows:

1. “Adult bookstore” means an establishment having as a substantial or significant portion of its stock in trade books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such materials.

2. “Adult motion picture theater” means an enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

3. “Adult mini motion picture theater” means an enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

4. “Adult hotel or motel” means a hotel or motel wherein material is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

5. “Adult motion picture arcade” means any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

6. “Adult newsrack” means any coin-operated machine or device which dispenses material that is substantially devoted to the depiction of specified sexual activities or specified anatomical areas displayed in a manner which exploits specified sexual activities or specified anatomical areas by effecting or attempting to effect sexual arousal, gratification, or affront.

7. “Cabaret” means a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, “go-go” dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

8. “Model studio” means any business where, for any form of consideration or gratuity, figure models, who display specified anatomical areas to be sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

9. “Sexual encounter center” means any business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

10. Any other business or establishment which offers its patrons services or entertainment characterized by emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

B. “Specified sexual activities” shall include the following:

1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following: depicted coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastery; or

2. Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or

3. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

4. Fondling or touching of nude human genitals, pubic region, buttocks or female breasts; or

5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

6. Erotic or lewd touching, fondling or other contact with an animal by a human being; or

7. Human excretion, urination, menstruation, vaginal or anal irrigation.

C. “Specified anatomical areas” shall include the following:

Less than completely and opaquely covered:

1. Human genitals, pubic region;

2. Buttocks;

3. Female breast below a point immediately above the top of the areola; and

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

D. Special Regulations.

1. In those land use districts where the adult entertainment businesses regulated by this section would otherwise be permitted uses, it shall be unlawful to establish any such adult entertainment business if the location is:

a. Within 500 feet of any area zoned for residential use;

b. Within 500 feet of any other adult entertainment business; or

c. Within 1,000 feet of any public or private school, park, playground, public building, church, any noncommercial establishment operated by a bona fide religious organization, or any establishment likely to be used by minors.

2. The establishment of any adult entertainment business shall include the opening of such a business as a new business, the relocation of such business, or the conversion of an existing business location to any adult entertainment business use.

E. Waiver of Locational Provision.

1. Any property owner, or his authorized agent, may apply to the planning commission for a waiver of any locational provisions contained in this section. The planning commission may waive any locational provision, subject to such conditions as the commission deems necessary to impose to carry out the purpose of this section, if the following findings are made:

a. That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed;

b. That the proposed use will not enlarge or encourage the development of a “skid row” area;

c. That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of redevelopment;

d. That all applicable regulations of this code will be observed.

2. The procedure governing application for such a waiver shall be the same as that provided for the processing of variances by Chapter 9.50 BGMC with, among other matters, the notice requirements as provided in Chapter 9.54 BGMC, appeal of the city council as provided in Chapter 9.60 BGMC, right of appeal to the city council as provided in Chapter 9.60 BGMC, and fees payable by the applicant. The planning department shall prepare the necessary application form for this waiver.

F. Public Display of Certain Matter Prohibited.

1. Materials offered for sale from adult newsracks shall not be displayed in a manner which exposes to the public view photographs or illustrations of specific sexual activities or of naked adults in poses which emphasize or direct the viewer’s attention to the subject’s genitals. The provisions of this subsection shall not apply to any adult newsrack placed in a location covered by Penal Code Section 313.1(c).

2. Adult bookstores and adult motion picture theaters shall not display or exhibit any material in a manner which exposes to public view photographs or illustrations of specified sexual activities or naked adults in poses which emphasize or direct the viewer’s attention to the subject’s genitals. As used herein, “exposes to public view” means exposes to the view of persons outside the building in which said bookstore or motion picture theater is located.

G. Impounding of Newsracks.

1. The provisions of Chapter 9.64 BGMC dealing with nonconforming uses shall not be applicable to adult newsracks, and, on the effective date of the ordinance adopting this section, all adult newsracks shall be required to comply with the provisions of this section.

2. An adult newsrack that is found in violation of this section may be impounded by any police officer of the city after the following actions have occurred:

a. A notice of violation has been fixed to the adult newsrack stating the code section which has been violated and stating that the adult newsrack will be impounded if the violation is not abated within three days;

b. The violation has not been abated within three days of the posting of notice of the violation;

c. The police department has presented to any magistrate affidavits or other evidence sufficient to show a prima facie violation of the section;

d. A magistrate has issued a written order permitting the impounding of the adult newsrack pursuant to this section.

3. Whenever an adult newsrack is impounded, a complaint for violation of the section must be filed within 14 days of the impounding. If such action is not commenced within 14 days, or if a final appealable decision in such action is rendered more than 60 days from the filing of the action, the adult newsrack, together with its contents and all monies, if any, shall be released to any person who provides sufficient proof of ownership of such adult newsrack; however, no adult newsrack shall be released because a final appealable decision was not rendered within 60 days of the filing of the action if the claimant of the adult newsrack is responsible for extending the judicial determination beyond the allowable time limit.

4. The person who provides sufficient proof of ownership of such adult newsrack may have such adult newsrack, together with its contents and all monies, if any, returned, upon paying an impound fee of $25.00, or upon the order of a magistrate, if any, who authorized the seizure of the newsrack, pursuant to the terms of subsection (G)(2) of this section. Should there be a dismissal of the action charging the violation of this section, or an acquittal of such charges, the court ordering such dismissal or entering such acquittal may provide for the release of any newsrack and its contents, if any, impounded, or the return of any impound fee paid for release of an adult newsrack impounded pursuant to such charges.

H. Forfeiture of Newsracks. In addition to other penalties provided for the violation of the provisions of this section, violation of those provisions governing adult newsracks may be punished by forfeiture of the newsrack impounded pursuant to subsection (G) of this section; provided, that the reasonable value of such newsrack and any fine assessed does not exceed $500.00.

I. Severability. If any provision or clause of this section or application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions, clauses or applications; and to this end the provisions and clauses of this section are declared severable.

J. Violations and Penalty. Every person who violates any of the provisions of this section is guilty of a misdemeanor and each person shall be deemed guilty of a separate offense for every day or portion thereof during which the violation of any of the provisions of this section is committed, continued or permitted, and upon conviction is punishable by a fine not exceeding $500.00 or by imprisonment in county jail for a period of six months. (Ord. 806 § 1, 2007).

9.20.050 Alcoholic beverage uses – Conditional use.

Notwithstanding any other section of this code, or the provisions of any other ordinance of the city, no establishment which requires a Department of Alcoholic Beverage Control license (either on-sale or off-sale) shall be permitted in any zone if any portion of the property on which such business is proposed is within 300 feet of a property line of any property used for residential purposes, without there having been first obtained a conditional use permit pursuant to this title. Such conditional use permit may be considered only after a noticed public hearing has been held and all required findings of fact have been made pursuant to the procedures of this title.

Before any conditional use permit is granted, the planning commission must be able to make the following findings in order to approve an application:

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

B. That the site has sufficient access to streets which are adequate, in width and pavement type, to carry the quantity and quality of traffic generated by the proposed use;

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

D. That there is a demonstrated need for the use requested;

E. That the use, if permitted, will, as to location and operation, be consistent with the objectives of the general plan; and

F. That the public interest, convenience, and necessity require that use be permitted at the location requested. (Ord. 806 § 1, 2007).

9.20.055 Amusement arcades/Internet cafes – Conditional use.

In addition to compliance with all other applicable statutes, ordinances, and regulations, the following regulations shall apply to amusement arcades and Internet cafes where they are permitted by conditional use permit. Amusement arcades in operation prior to the adoption of the ordinance codified in this title shall be governed by the terminating provisions of Chapter 9.64 BGMC, Nonconforming Lots, Uses and Structures. Within the five-year period therein, said establishments shall be brought into conformity with the requirements of this title.

A. Distance Requirements. Amusement arcades shall be located a minimum distance of 200 feet from public and private elementary and secondary schools, public libraries, churches, public parks, playgrounds, day care centers and adult-oriented businesses. Amusement arcades may be allowed within a distance of between 200 and 500 feet from the above uses at the discretion of the planning commission, based on the nature of the uses, hours of operation and access factors.

B. Noise. All amusement machines and devices shall be wholly located within a sound-controlled building and in such a way as not to constitute a nuisance.

C. Restroom Facilities. Each amusement arcade shall provide separate toilet and lavatory facilities for men and women.

D. Bicycle Racks. In addition to normal off-street parking requirements, each amusement arcade shall provide bicycle racks at a ratio of one stall per five amusement machines within the arcade. A minimum of five spaces shall be provided. Bicycle racks shall not be located in any required parking or landscaping areas, walkways, driveways or entrances and exits to buildings.

E. Hour Restrictions. No owner, manager, proprietor, or other person having charge of any amusement arcade shall keep the same open or allow or permit any amusement machine or device to be played therein except between the hours of 12:00 noon and 10:00 p.m. on Sundays through Thursdays, and from 10:00 a.m. to 12:00 midnight on Fridays and Saturdays, except as approved by the planning commission, based on the nature of surrounding land uses, location of the arcade and general site conditions.

F. Adult Supervision. No owner, manager, proprietor, or other person having charge of any amusement arcade shall keep the same open, or allow or permit any amusement machine or device to be played therein, unless there is at least one adult manager on the premises at all times for each 25 machines, or fraction thereof, located in said arcade, except as approved by the planning commission based on the location of the arcade, hours of operation and proposed age of arcade patrons.

G. Alcoholic Beverages, Drugs and Smoking. No person shall enter, be or remain in any part of an amusement arcade while in the possession of, consuming, using or under the influence of any alcoholic beverage or drugs. The licensee, manager, and every supervisory employee shall not permit any such person to enter or remain on said premises. Smoking and the sale of tobacco products within an amusement arcade shall be prohibited. In the case of an amusement arcade as an ancillary use to another land use, this prohibition shall only apply to the portion of the building or structure devoted to the arcade use. Such amusement arcade shall be clearly separated from the main use by partitions or other suitable material approved by the commission. (Ord. 806 § 1, 2007).

9.20.060 Animal hospitals/veterinary clinics – Conditional use.

In addition to compliance with all other applicable statutes, ordinances and regulations, the following regulations shall apply to small animal hospitals and veterinary clinics, small animal, where they are permitted by conditional use permit:

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 its walls. The building materials and methods of odor control to be used shall be those acceptable to the commission as adequately reducing emitted noise and odors.

C. The applicant shall submit to the commission, 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. Off-street parking facilities shall be provided and developed as prescribed. In no event shall the number of provided parking spaces be less than five spaces for a facility. Such parking spaces shall have clear and unobstructed access to a public thoroughfare.

E. A solid masonry wall not less than five feet and no more than six feet in height shall be established along the side and rear lot lines when the facility is located adjoining or adjacent to any residential zone.

F. Such areas of the premises shall be landscaped as the commission finds necessary and in the manner which the commission finds necessary to prevent the facility from being materially detrimental to the public welfare or to the property of other persons located in the vicinity thereof.

G. Signs on the premises shall contain only the names of the veterinarians, the name of the facility, and the address and hours. No animal figures, flashing lights, or announcing of special services are permitted.

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

I. 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.

J. The site plan required by Chapter 9.50 BGMC, Variances and Conditional Use Permits, shall, in addition to other requirements, indicate compliance with the provisions of this section. (Ord. 806 § 1, 2007).

9.20.065 Antennas (wireless telecommunications facilities).

Reserved. (Ord. 806 § 1, 2007).

9.20.070 Automobile impound yards – Conditional use.

In addition to compliance with all other applicable statutes, ordinances and regulations, the following regulations shall apply to automobile impound yards:

A. All operations or storage shall be conducted within an enclosed building or within an area completely enclosed with a solid masonry wall not less than eight feet in height, except where the substitution of a solid fence or decorative wall is specifically approved.

B. No storage shall be permitted at a height greater than that of the fence or wall enclosing the use.

C. No automobile dismantling or junk and salvage operations shall be conducted. The site plan required by Chapter 9.50 BGMC, Variances and Conditional Use Permits, shall, in addition to other requirements, indicate compliance with the provisions of this section. (Ord. 806 § 1, 2007).

9.20.075 Automobile sales.

In addition to compliance with all other applicable statutes, ordinances and regulations, the following regulations shall apply to automobile sales uses where they are permitted as a principal use:

A. Physical Site Controls.

1. Lot Width. The minimum lot width of an automobile sales site shall be not less than 100 feet.

2. Lot Area. Minimum area required: not less than 10,000 square feet.

B. Site Development Standards.

1. Perimeter Property Line Walls. Where an automobile sales use adjoins property in a residential zone, or residentially used property in any zone, a six-foot-high solid decorative masonry wall stepped down to 42 inches within 10 feet of a street property line shall be constructed adjacent to contiguous property lines.

2. A building housing the sales office, containing not less than 200 square feet, must be maintained on a lot housing the automobile sales business.

3. All surface areas of the lot, other than landscaping and building areas, shall be paved.

4. Automobile repair shall be incidental to the primary sales use and shall be conducted only in an enclosed building.

5. No residential uses shall be maintained on the lot housing the automobile sales use.

6. Landscaping. In addition to the five percent landscaping required by Chapter 9.34 BGMC, an additional five percent of the parking lot area shall be required to be landscaped for a total of 10 percent. The landscaping shall be equally distributed throughout all visible portions of the site. Landscaping shall include trees, shrubs, and ground cover and shall be properly irrigated with an automatic irrigation system.

C. Required Plans. A site plan, floor plan, and elevations shall be submitted to the community development department for approval, indicating compliance with the regulations of this section and the standards of development of the zone in which it is located. Any applicant aggrieved by a decision of the director may appeal the decision to the planning commission pursuant to the provisions of Chapter 9.60 BGMC, Appeals. (Ord. 806 § 1, 2007).

9.20.080 Automobile service stations – Conditional use.

In addition to compliance with all other applicable statutes, ordinances and regulations, the following regulations shall apply to automobile service stations where they are permitted as a principal use:

A. Physical Site Controls.

1. Lot Width. The minimum lot width of a service station site shall be not less than 120 feet.

2. Lot Area. Minimum area required: not less than 14,000 square feet.

3. Setbacks.

a. Minimum setbacks for any building shall not be less than 10 feet from any property line, and not less than 25 feet from any property line which parallels a dedicated street.

b. Gasoline pumps, or other facilities for providing automobiles with gasoline, and pump islands on which they are placed, shall be set back not less than 15 feet from any adjoining property line.

c. Minimum setback for any equipment offered for lease or rental shall be not less than 10 feet from any property line which parallels a dedicated street.

d. Additional setbacks may be established by the planning commission, if deemed necessary, to provide for the protection of the safety, health or welfare of adjacent property owners.

B. Site Development Standards.

1. Perimeter Walls. Where a service station adjoins property in a residential zone, or residentially used property in any zone, a six-foot-high solid masonry wall stepped down to 42 inches within 10 feet of a street property line shall be constructed adjacent to contiguous property lines.

2. Screening.

a. Outside entrances to restrooms shall be screened from view of adjacent properties or street rights-of-way by decorative screening not less than six feet high. Bottom of screen shall be open 12 to 18 inches above grade for light access and ventilation.

b. Trash Areas. All outside trash, garbage and refuse containers shall be stored in a masonry-walled enclosure not less than six feet high. No storage shall exceed the height of the walls. Adequate vehicular access shall be provided to and from such areas for collection of trash.

C. Landscaping.

1. Raised planters not less than three feet wide shall be located and maintained adjacent to every street frontage except for driveway openings, unless approval for modification of this requirement is first obtained from the planning commission.

2. Not less than 100 square feet of planting area shall be located and maintained at the intersection of two property lines at a street corner.

3. Unless otherwise approved, raised planters, not less than three feet wide, shall be located and maintained along the building facades fronting on streets.

4. All planting areas shall be separated from adjacent asphaltic paving by a minimum six-inch-high curb, or a planter wall not to exceed three feet in height.

5. All planting, other than trees, shall be of a variety that will not achieve a height greater than 30 inches, shall not be thorny or spiked, and shall not extend over the sidewalk.

6. All landscaped areas shall have permanent irrigation systems and such areas shall be kept planted and maintained.

7. Unless otherwise approved or indicated, planters not less than three feet wide shall be located and maintained along not less than half the length of the walls along interior property lines.

D. Drainage Control. Drainage shall be in accordance with city standards and subject to the approval of the city engineer.

E. Permitted and Prohibited Activities.

1. Sale, Lease or Rental Items.

a. There shall be no sale, lease or rental of soda pop, cigarettes, trailers, trucks, peat moss, toys, or anything not clearly incidental to the service of automobiles (except for vending machine dispensers within or abutting the building or unless separate occupancy is established for a convenience store, as part of the service station use, and approved under the conditional use permit for the service station).

b. No new or used automobiles shall be displayed for sale, or sold on the same parcel used by a service station.

2. No commercial vehicles over 10,000 pounds unladened, except vehicles owned and used by the permittee as an authorized service station use or a vehicle under repair, shall be stored on the service station premises outside the building between the hours of 10:00 p.m. and 6:00 a.m. A vehicle awaiting or under repair shall not be kept on the premises for more than five consecutive days, or a total of seven days in any 30-day period.

3. No vehicles shall be parked on the premises other than those of persons attending to business on the site, vehicles being serviced for customers, vehicles of employees and other service vehicles used in operation of the station.

4. Repairs and Servicing. All hydraulic hoists and pits, and all lubrication, greasing, automobile washing and permitted repair equipment must be enclosed entirely within a building.

F. Access, Parking and Circulation Requirements.

1. Access Ways (Driveways).

a. Each developed site shall not have more than two access ways (driveways) to any one street.

b. Access ways shall have a minimum five-foot-long full-height curb adjoining residential property lines.

c. No driveway shall exceed a width of 30 feet at the sidewalk unless modification of this requirement is first obtained from the planning commission.

d. No driveway shall be allowed to encroach into the curve of a street corner.

e. Unless otherwise approved, there shall not be more than 50 percent of curb along any street frontage.

2. Parking.

a. At least one parking space shall be provided for each employee on each shift.

b. At least two parking spaces shall be provided for each service or repair bay.

c. No vehicles may be parked on sidewalks, parkways, driveways, alleys or planting areas.

G. Miscellaneous Provisions.

1. Signs. All signs shall comply with the requirements of the zone in which they are located and the provisions of Chapter 9.40 BGMC, Signs.

2. Lighting. Outside lighting shall be arranged and shielded so as to prevent any glare or reflection, nuisance or hazardous interference of any kind on adjoining streets or property.

H. Required Plans. A site plan, floor plan, and elevations shall be submitted to the commission as part of the site plan review application indicating compliance with the regulations of this section and the standards of development of the zone in which it is located. (Ord. 806 § 1, 2007).

9.20.085 Billiard and pool hall uses – Conditional use.

In addition to compliance with all other statutes, ordinances and regulations, billiard and pool hall uses shall require a conditional use permit and shall abide by the following minimum standards. However, one billiard or pool table shall not be considered a “hall” but, rather, a principally permitted use provided there is only one table and provided that a minimum separation of five feet is maintained between the pool table and cocktail tables, counters, walls, partitions, immovable barriers, or seating areas (excluding movable stools).

A. No billiard or pool hall use shall be located within 1,000 feet of another billiard or pool hall use, nor within 600 feet of any school or church.

B. A minimum separation of five feet shall be maintained between all pool tables and between pool tables and cocktail tables, counters, walls, partitions, immovable barriers, or seating areas (excluding movable stools).

C. Pool tables and dining areas shall be separated by a partition of not less than eight feet in height.

D. A security plan shall be submitted to the chief of police for approval at the time the conditional use permit application request is filed with the city, and may include but need not be limited to the following:

1. “No loitering” signs posted and maintained at the entrance area and in the parking lot areas.

2. Adequate interior and exterior lighting to allow property surveillance by security personnel and/or police officers.

3. Certified trained security person(s), the number of which shall be determined by the chief of police, in addition to the manager of the business, in order to supervise the facility at all times during the hours of 6:00 p.m. to closing. At least one security person in addition to the manager of the business shall be present at all other hours.

4. Security personnel shall be provided with clothing which allows them to be readily identifiable to patrons and police personnel.

5. A “house policy” regarding accepted patron attire, patron behavior, intoxication, age restrictions, etc., shall be posted conspicuously at the entrance of the establishment, in the lobby area, and in each pool room.

6. A security alarm system shall be placed on all points of ingress and/or egress to the operation.

7. There shall be one entrance to the building within which a billiard and pool hall use is carried on, with all other ingress and/or egress points designated for emergency exit or service purposes only.

8. There shall be plexiglass or other appropriate type of material placed inside the windows adjacent to the pool area to protect windows from breakage by flying balls.

9. A lighting plan for the exterior of the building and parking lot area shall be submitted for review and approval by the director of community development. Lighting of the exterior of the premises and the parking lot area shall comply with all applicable regulations of the Bell Gardens Municipal Code and shall maintain an illumination level on the ground of not less than one-half foot-candle along walkways and in the open parking areas and driveways.

10. The applicant shall comply with parking standards established in Chapter 9.38 BGMC, Parking and Loading (Off-Street).

E. Any form of gambling is prohibited.

F. Professional and/or amateur tournaments shall be allowed only after a city-approved special activities permit.

G. No patron under 18 years of age shall be permitted in a billiard or pool hall establishment, unless accompanied by a parent or legal guardian. If alcohol is sold, the sale and consumption of alcohol to anyone under age 21 is prohibited. If less than 40 percent of the floor area is devoted to restaurant use, including kitchen, the age limit of patrons shall be restricted to age 21.

H. The operator of the billiard or pool hall use shall maintain a valid city business license pursuant to BGMC Title 5.

I. The planning commission may also impose additional conditions of approval. (Ord. 806 § 1, 2007).

9.20.086 Body art establishments.

A. Title 11, Division 1, Chapter 11.36 of the Los Angeles County Code entitled “Body Art Establishments,” together with all current and future amendments and appendices thereto, are hereby adopted by reference and made part of this chapter as if fully set forth in this chapter. All regulations, provisions, conditions, and terms of said code, together with amendments and/or appendices, shall be on file and accessible to the public for inspection at the city clerk’s office.

B. In addition to compliance with all other applicable statutes, ordinances, and regulations, the following supplementary development regulations shall apply to body art establishments:

1. Hours of Operation. Body art establishments shall operate between the hours of 10:00 a.m. and 10:00 p.m. only.

2. Location Criteria. A body art establishment shall not be established or located within 500 feet of any other body art establishment or within 500 feet of any school, park, library, day care facility, or youth center. For purposes of measuring this distance requirement, all distances shall be measured (without regard to intervening structures) in a straight line from the nearest point of the building or structure in which the body art establishment is or will be located to the nearest property line of any land use identified above.

3. Health and Safety. Prior to commencing operation, the operator of the body art establishment shall obtain all permits and/or licenses required by Los Angeles County department of public health and adhere to the applicable provisions of Chapter 11.36 (Body Art) of Title 11 (Health and Safety) of the Los Angeles County Code, as amended herein, and as may be amended by Los Angeles County from time to time, which has been adopted by reference and made a part of this chapter as if fully set forth in this chapter.

4. Additional Criteria.

a. Body art establishments shall provide a separate lobby or waiting area for patrons waiting for services.

b. Body art establishments shall not display services in progress visible from either the exterior or interior of the establishment at any time.

c. Signage for body art establishments shall be limited to a business identification sign stating only the name of the business and shall not be permitted to list services provided.

d. Live animals, except for service animals, shall not be allowed on the premises.

e. Once established, a body art establishment shall not be permitted to expand into another tenant space or building or otherwise on the site or any contiguous site or to establish additional locations within the city.

f. Body art establishments are not permitted to operate in conjunction with any other use.

g. Temporary or mobile body art establishments are not permitted by this chapter.

h. The sale and/or service of alcohol within or outside of a body art establishment is prohibited. (Ord. 845-U § 4, 2012; Ord. 844 § 4, 2012).

9.20.087 Car washes – Conditional use.

In addition to compliance with all other statutes, ordinances and regulations, all car wash uses, whether accessory, full-service, or self-service, shall require a conditional use permit and shall abide by the following minimum standards, except as otherwise noted:

A. All car wash uses must be a minimum distance of 300 feet from one another, including accessory-to-full or self-service car washes. Exceptions may be granted by the planning commission through the conditional use permit process if the use is part of a master planned development or specific plan.

B. All car wash uses must be located on a site with a minimum area of 20,000 square feet and minimum lot dimensions of 120 feet.

C. If a car wash is proposed within 50 feet of a residential zone and/or land use (as measured from property line to property line), an acoustical analysis must be conducted as part of the CUP review, with the exception of car wash structures located within a multi-tenant shopping center and a distance of 300 hundred or more feet from a residential zone and/or land use. If the analysis concludes a rise in noise above the thresholds of the city’s noise ordinance for residential uses, the following mitigation measures shall be employed to buffer the sound to the preexisting condition:

1. Car wash entrances and exits shall be equipped with insulated, automatic roll-up doors, which shall trigger the start of the mechanical equipment after closing and the stopping of the equipment upon opening.

2. Vacuuming equipment shall be equipped with mufflers to comply with the noise thresholds of the city’s noise ordinance for residential uses.

3. Audio equipment and loudspeakers shall be limited to the interior of buildings that are fully enclosed on all sides.

D. Solid and decorative masonry walls no less than six feet in height shall be required along all property lines, with the exception of property lines adjacent to a street, unless the car wash is part of a commercial shopping center and has approved reciprocal access.

E. All equipment and outdoor storage shall be maintained behind a fully screened enclosure consisting of solid, decorative masonry walls.

F. Full-service car wash facilities shall provide one standard parking space per 250 square feet of customer waiting area/lobby. However, in no case shall less than three parking spaces be provided for the entire facility, including employee parking.

G. Parking for self-service and accessory car washes shall only be required if a vacuum area is proposed. The number of parking spaces shall be equivalent to the number of vacuums.

H. A security system with video surveillance shall be required for all car wash facilities. The system must be approved by the police department prior to plan check approval and inspected by the community development department prior to issuance of a certificate of occupancy.

I. Accessory car washes shall be limited to sites consisting of automobile service stations or other automobile-oriented business as the primary use. Any legal nonconforming service station or automobile-oriented use must be brought to compliance with all current code requirements as a condition of approval if an accessory car wash is proposed.

J. All car wash facilities in commercial zones shall be limited to vehicles with no more than two axles and weighing no more than 10,000 pounds. All other vehicles shall be prohibited. (Ord. 813 § 1, 2009).

9.20.090 Commercial and industrial condominiums – Conditional use.

In addition to compliance with all other applicable statutes, ordinances and regulations, the following regulations shall apply to commercial and industrial condominium projects where they are permitted by conditional use permit:

A. Intent and Purpose.

1. The city council of the city of Bell Gardens finds that condominium projects are different in many respects from other types and forms of land ownership and development so as to require different regulations.

2. The intent of this section is to further the goals of the city’s general plan and establish standards to regulate the placement of such projects and land use consistent with the form of ownership and occupancy of such projects pursuant to applicable laws for the general health, safety and welfare of the public.

B. General Provisions. The following provisions shall apply to all commercial and industrial condominium projects proposed in the city:

1. Required Permits.

a. Condominium projects may be permitted in appropriately zoned areas of the city subject to the approval of a conditional use permit pursuant to the provisions of this section and Chapter 9.50 BGMC, Variances and Conditional Use Permits.

b. No person shall construct, sell, lease, convey, maintain or use a condominium project within the city unless a conditional use permit has been granted by the planning commission, or the city council on appeal, and a tentative map has been processed in accordance with the Bell Gardens division of land ordinance and the State Subdivision Map Act, and a final map has been recorded with the county recorder. In addition to the provisions of Chapter 9.50 BGMC, Variances and Conditional Use Permits, a conditional use permit granted for condominium projects shall expire if the tentative map approval expires.

c. No condominium project shall be approved unless it can be demonstrated that the project, if and when constructed in accordance with approved plans, will be in compliance with the development policies of the adopted general plan, division of land ordinance, State Subdivision Map Act, zoning ordinance, building code, fire code, and any other development standards in effect at the time of project approval by the planning commission.

2. Application Requirements. An application for a condominium project shall include the following items in a number or quantity prescribed by the director of community development:

a. Detailed site plan, floor plans, and architectural elevations, drawn to scale, showing name, address, and telephone number of the person preparing them and clearly indicating with full dimensions the following information:

i. Lot dimensions.

ii. Location of all buildings and structures including elevations, size, heights and proposed use.

iii. The relation of the existing buildings and structures in the general vicinity to the project.

iv. Yards and spaces between buildings.

v. Walls and fences including the location of each, the height and the material of which they are constructed.

vi. Location, number of spaces and dimensions of all off-street parking facilities and internal circulation patterns in the project.

vii. Pedestrian, vehicular and service points of ingress and egress.

viii. Location, size and design of all signs proposed.

ix. Location and general nature of all lighting proposed for parking and open areas.

x. Location of all street dedications and improvements required.

xi. Trash storage areas.

xii. All public utility installations, including poles, transformers, vaults, and meters.

xiii. Location of all external mechanical equipment, including water heaters, air conditioners and lighting units.

xiv. Type of roofing material.

b. Landscaping plan for all common areas, including irrigation facilities proposed.

c. Specific information concerning the characteristics of the project including, but not limited to, the following:

i. Proposed sale price of unit;

ii. Proposed homeowners’ association fee; and

iii. Financing availability.

d. Any other information which, in the opinion of the director of community development, will assist in determining whether the proposed project will be consistent with the purposes of this section.

e. The proposed covenants, conditions and restrictions, which would be in effect and applied on behalf of any and all owners of condominium units within the project.

f. Filing fees shall be submitted with the application.

3. Standards of Development. All commercial and industrial condominiums shall conform to the building and zoning requirements applicable to the zone wherein the project is proposed to be located and Division 4 of this title, Supplemental Development Standards, unless a variance is granted for specific requirements, all other applicable codes and ordinances, and the following standards:

a. Parking Standards. All off-street parking facilities shall be developed in compliance with Chapter 9.38 BGMC, Parking and Loading (Off-Street).

b. Walls. A six-foot-high solid masonry wall designed and constructed of materials and colors compatible with the overall design of the project shall be required along the side and rear lot lines of the project site. However, the planning commission may waive this requirement when such a wall would not serve as a land use buffer between incompatible uses.

c. Trash Storage Areas. Each development shall provide adequate trash storage facilities on the site. The trash enclosures shall be located within a reasonable distance of the units served and shall be enclosed by a six-foot-high masonry wall.

d. Utility Metering.

i. The consumption of gas and electricity within each unit shall be separately metered so that the unit owner can be separately billed for each utility.

ii. A water shutoff valve shall be provided for each unit or for each plumbing fixture. Each unit shall have access to its own meter(s) and heater(s), which shall not require entry through another unit in accordance with the California Plumbing Code.

iii. Each unit shall have its own panel, or access thereto, for all electrical circuits which serve the unit in accordance with the California Electrical Code.

e. Fire Prevention.

i. Smoke Detectors. Each unit shall be provided with UL-approved detectors conforming with the current building code standards.

ii. Fire Sprinklers. Fire sprinkler units shall be installed in accordance with the requirements of the building and fire codes.

iii. Maintenance of Fire Protection Systems. All on-site fire hydrants, fire alarm systems, portable fire extinguishers, and other fire-protective appliances shall be retained in an operable condition at all times, maintained by the property owners’ association as delineated in the covenants, conditions and restrictions and as required by the fire code.

f. Public Easements. In accordance with this title, the applicant shall make provisions for the dedication of land or easements for street widening, public access or for other public purposes in connection with the project where necessary and in accordance with established and planned improvements.

g. Underground Utilities. All utility service laterals to new development shall be constructed underground. Existing developments proposed for conversion may continue to utilize existing aboveground laterals. However, provisions shall be made to allow for the eventual conversion to underground public utilities. To that end, the property owner shall record a deed restriction in a form approved by the city attorney, which waives the right to protest the formation of an underground utility district.

h. Maintenance. All private streets, driveways, walkways, parking areas, landscaped areas, storage areas, screening, sewers, drainage facilities, utilities, open space, and other improvements not dedicated and accepted for public use shall be maintained by the property owners. Any failure to maintain is unlawful and a public nuisance and may be subject to abatement pursuant to Chapter 99 of the building code.

4. Design Criteria. The following design criteria shall apply to the review and development of all condominium projects:

a. The overall plan shall be comprehensive, embracing land, buildings, landscaping and their interrelationships, and shall conform to adopted plans of all governmental agencies for the area in which the proposed development is located.

b. The plan shall provide for adequate circulation, off-street parking, open areas and other pertinent amenities. Buildings, structures and facilities on the parcel shall be well integrated, oriented and related to the natural features of the site.

c. The proposed development shall be compatible with existing and planned land use and with circulation patterns on adjoining properties. It shall not constitute a disruptive element to the neighborhood or community.

d. The internal street system shall not be a dominant feature in the overall design; rather, it should be designed for the efficient and safe flow of vehicles without creating a disruptive influence on the activity and function of any common areas and facilities.

e. Common areas shall be located so as to be readily accessible to the occupants of the units and shall be well related to any common open spaces provided.

f. Pedestrian circulation shall be safe, properly lighted and integrated to provide walkways between public streets, parking areas, common areas, and the units.

g. The design and spatial distribution of buildings and floor areas shall incorporate quality architectural design standards emphasizing the primary use of the property, landscaping and open space amenities.

5. Required Documents.

a. A condominium project may be approved subject to submission of all organizational documents setting forth a plan or manner of permanent care and maintenance of open spaces and common facilities pursuant to state law (Civil Code Sections 1350 through 1359). No such documents shall be acceptable until approved by the city attorney as to legal form and effect, and by the community development department as to suitability for the proposed use of the open areas.

b. If the common open spaces are to be conveyed to the property owners’ association, the subdivider shall file a declaration of covenants to be submitted with the application for approval that will govern the association. The provisions shall include, but not be limited to, the following:

i. The property owners’ association shall be established prior to the sale of the last units.

ii. Membership shall be mandatory for each buyer and any successive buyer.

iii. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project.

iv. If the development is constructed in increments or phases which require one or more final maps, reciprocal covenants, conditions, and restrictions and reciprocal management and maintenance agreements shall be established which will cause a merging of increments as they are completed, and embody one property owners’ association with common areas for the total development.

v. Same shall contain language or provisions substantially as follows:

(1) The covenants, conditions, and restrictions of this declaration shall run to the City insofar as they shall apply to the maintenance of the “common areas.”

(2) In the event the Association, or other legally responsible person(s), fails to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for costs of such abatement upon said common area, individual units or the whole thereof as provided by law.

c. Subdivider shall provide each purchaser with a copy of all reports as required in this section and the Subdivision Map Act (in their final, acceptable form), along with the California Department of Real Estate white report, and said subdivider shall give the purchaser sufficient time to review said reports. Copies of the reports shall be made available at all times at the sales office and shall be posted at various locations, as approved by the city, at the project site.

6. Procedural Provisions. In addition to other provisions contained in this section, the following procedural provisions shall apply:

a. Review by Director of Community Development.

i. Acceptance of the Application. The director of community development shall not accept an application as complete unless it contains all required application materials as specified in this title. In the event of an incomplete application, the director of community development shall serve notice to the subdivider within 30 days after the submission of the application informing the subdivider of its incomplete status and specifying the additional requirements as necessary to complete the application. An incomplete application will not be processed and may be grounds for denial of the project.

ii. Project Review. The director of community development shall review a complete application for purposes of determining its compliance with the respective provisions for the proposed condominium project. In so doing, the director of community development may solicit the input of the division of land committee pursuant to Division 6 of this title, Subdivision Regulations, responsible agencies or city staff members who may ultimately be required to take ministerial or discretionary actions on the proposed project, or from such other persons or agencies whose input, as determined by the director of community development, is essential to assure adequate review of, and compliance with, the provisions of this section.

iii. Reports. Subsequent to his review of a complete application, the director of community development shall prepare a report to the decision-making body recommending approval, conditional approval or disapproval of the development plan and project application. A copy of said report shall be served on the subdivider of the condominium or condominium conversion project and each tenant of a condominium conversion project at least three days prior to the hearing scheduled for the review of the project.

b. Notice of Hearing. Notice of hearings shall be given in accordance with the provisions of Chapter 9.54 BGMC, Public Noticing Requirements/Procedures, and the State Subdivision Map Act.

c. Condominium Conversions. In addition to those general provisions previously stated in subsection (B)(1) of this section, the following provisions shall apply specifically to proposed commercial and industrial condominium conversions:

i. Additional Permits Required. In additions to other requirements of this section and any conditions imposed upon the approval of the conditional use permit and tentative map, no person shall convert an existing structure to a condominium project or offer same for sale, lease, rent or otherwise use without first applying for and obtaining a condominium occupancy permit from the city building official. The procedures associated with obtaining this permit are as follows:

(A) A condominium occupancy permit may be applied for concurrently with the conditional use permit, but no permit shall be issued until all conditions and requirements of this section and those applicable to the conditional use permit and tentative map have been complied with.

(B) The application for a condominium occupancy permit shall be accompanied by an inspection fee as provided for inspections in Subsection 303(f) of the building code.

(C) The city building official shall cause inspections to be made of all buildings and structures in the existing development. An inspection report shall be prepared at or under his direction identifying all items found to be in violation of current code requirements for such buildings or structures or found to be hazardous.

(D) The fire marshal shall cause an inspection to be made of all existing buildings and structures to determine the sufficiency of fire protection systems serving said project and report on all deficiencies.

(E) The city building official and director of community development shall review the physical elements report, the findings of the building official’s report and the findings of the building official’s and fire marshal’s inspection reports to determine the various corrections which must be made prior to issuance of the condominium occupancy permit.

(F) A final inspection report shall be made by the building official, upon request by the subdivider, indicating compliance with all requirements imposed herein.

(G) The building official shall issue to the subdivider a condominium occupancy permit if the violations and deficiencies found to exist have been corrected, and all other requirements have been complied with.

ii. Additional Application Requirements. No conditional use permit application for conversion shall be accepted unless the application includes the following items in a number or quantity prescribed by the director of community development:

(A) A physical elements report to be approved by the city building official, including, but not limited to, the following:

(1) A report detailing the condition and estimating the remaining useful life of each element of the project proposed for conversion: roofs, foundations, exterior paint, paved surfaces, mechanical systems, electrical systems, plumbing systems including sewage systems and sprinkler systems for landscaping, utility delivery systems, heating and air conditioning systems, fire protection systems including automatic sprinkler systems, alarm systems, or standpipe systems and structural elements. Such report shall be prepared by an appropriately licensed contractor or architect or by a registered civil or structural engineer other than the owner. For any element whose useful life is less than five years, a replacement cost estimate shall be provided.

(2) A structural pest control report shall be prepared by a licensed structural pest control operator pursuant to Section 8516 of the California Business and Professions Code.

(3) A building history report including the following:

(a) The date of construction of all elements of the project.

(b) A statement of the major uses of said project since construction.

(c) The date and description of each major repair or renovation of any structure or structural elements since the date of construction. For the purposes of this subsection, a “major repair” or “renovation” shall mean any repair or renovation for which an expenditure of more than $2,000 must be made.

(d) Statement regarding current ownership of all improvements and underlying land.

(e) Failure to provide information required by subsections (B)(6)(c)(ii)(A)(1) through (3) of this section shall be accompanied by a declaration, under penalty of perjury, setting forth reasonable efforts undertaken to discover such information and reasons why said information cannot be obtained.

(4) The final form of the physical elements report and other documents for conversions shall be as approved by the director of community development and city building official. The reports in their acceptable form shall remain on file with the community development department for review by any interested persons. The report shall be referenced in the conditional use permit report to the planning commission.

(B) A list of names and mailing addresses of each tenant occupying any unit proposed to be converted together with a statement designed to be mailed to tenants, which statement shall advise them of the subdivider’s wish to convert. The statement shall indicate the subdivider’s proposed program for relocation of tenants, shall set forth the anticipated timing of the proposed conversion if it is approved, and shall indicate a telephone number at which the subdivider will be available during business hours to discuss the proposed conversion with tenants. The statement shall also include a blank space for the insertion of the date of any planning commission hearing.

iii. Additional Requirements for Conversions. Conversion projects shall also comply with the following additional requirements:

(A) Refurbishing and Restoration. All main buildings, structures, fences, accessory buildings, sidewalks, driveways, landscaped areas, irrigation systems and additional elements shall be refurbished and restored as necessary to achieve high quality appearance and safety. Any physical elements identified in the physical elements report as having a useful life of less than two years shall be replaced.

(B) Tenant Provisions. The subdivider for a condominium conversion shall agree to comply with the requirements and provide the benefits specified in the following:

(1) Right to Purchase. The subdivider shall submit evidence of having served notice to existing tenants of their exclusive right to purchase their respective units upon the same terms and conditions that such units will be initially offered to the general public, or at more favorable terms to the tenant.

(2) Vacation of Units. Each nonpurchasing tenant not in default under the obligations of the rental agreement or lease under which he occupies his unit shall have not less than 180 days from the date of receipt of notification from the subdivider of his intent to convert to find substitute facilities and to relocate.

(3) Increase in Rents. No tenant’s rent shall be increased: (a) more frequently than once every six months; nor (b) at a greater rate than the rate of increase in the Consumer Price Index (all urban customers, Los Angeles-Long Beach-Anaheim) for the same period. This limitation shall take effect six months prior to the filing of the application for conversion but shall not apply if rent increases are provided for in leases or contracts in existence prior to six months before the application is filed for conversion.

(4) Notice to New Tenants. After submittal of the application for conversion, prospective tenants shall be notified in writing of the intent to convert prior to leasing or renting any unit.

iv. Determination Procedures. An application for a conditional use permit for a condominium conversion shall be approved, conditionally approved, or disapproved by the planning commission. In deciding to approve or conditionally approve said application, the following findings shall be made:

(A) That all provisions of this section have been met.

(B) That the proposed conversion is consistent with the city of Bell Gardens general plan.

(D) That the rehabilitation or structural repairs help upgrade the existing project.

(E) That all notice requirements of the city of Bell Gardens Municipal Code and the State Subdivision Map Act have been satisfied.

(F) That the applicant has not engaged in coercive or retaliatory action regarding the tenants after the submittal of the first application for city review through the date of approval. In making this finding, consideration shall be given to:

(1) Rent increases at a rate greater than permitted under subsection (B)(6)(c)(iii)(B)(3) of this section unless provided for in leases or contracts in existence prior to the submittal of the first application for city review; or

(2) Any other action by applicant which is taken against tenants to coerce them to refrain from opposing the project. An agreement with tenants, which provides for benefits to the tenants after the approval, shall not be considered a coercive or retaliatory action so long as receipt of the benefits is not conditioned upon the tenants’ refraining from opposing the project. (Ord. 806 § 1, 2007).

9.20.095 Commercial planned development – Conditional use.

In addition to compliance with all other applicable statutes, ordinances and regulations, the following regulations shall apply to commercial planned developments where they are permitted by conditional use permit:

A. Arrangement of buildings, architectural design and the types of commercial uses shall be such as to minimize adverse influences on adjacent properties.

B. Adequate provision shall be made for vehicular access, parking and loading so as to prevent undue traffic congestion on adjacent streets and highways, particularly on local streets.

C. Buildings shall not occupy more than 40 percent of the net area.

D. The applicant shall submit to the commission, and it shall be made a condition of approval, satisfactory evidence that the applicant has made arrangements with the serving utilities to install underground all new facilities necessary to furnish service in the development. This requirement may be waived where it would cause undue hardship or constitute an unreasonable requirement. For the purposes of this section, appurtenances and associated equipment such as, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be placed aboveground.

E. The commission in granting the conditional use permit may allow advertising signs permitted in zone C-S, which it finds will be in keeping with the concept of planned development.

F. The development plan shall include yards, walls, walks, landscaping, and such other features as may be needed to make the commercial development attractive, adequately buffered from adjacent more restrictive uses, and in keeping with the character of the surrounding area.

G. The commission shall approve a progress schedule including all phases of development and indicating that the improvements described in the development plan will be made prior to occupancy of commercial structures. The commission may modify without a hearing this condition pertaining to the development schedule based upon an affirmative showing, in writing, of hardship.

H. A tentative map shall be filed and made a condition of approval.

I. The site plan required by Chapter 9.50 BGMC, Variances and Conditional Use Permits, shall, in addition to other requirements, indicate compliance with the provisions of this section. (Ord. 806 § 1, 2007).

9.20.096 Cottage food operations.

A. Purpose and Intent. These regulations are provided so that certain incidental and accessory uses may be established in residential neighborhoods under conditions to ensure that the activities will not disrupt, become a nuisance, disturb, or modify the residential character of the neighborhoods.

B. Cottage Food Operation Permit Required. All cottage food operations are subject to the cottage food operations regulatory permit requirements of this section as well as all other applicable ordinances of the city, and laws of the county and state regulating cottage food operations. An application for a cottage food operation permit shall be filed with the community development department (department) on a form prescribed by the department and shall include the following:

1. The address of the property on which the cottage food operation is proposed to be located;

2. The applicant name, household member names and address proposed for the operation. The applicant must be the “cottage food operator,” as that term is defined in California Health and Safety Code 113758(b) as may be amended from time to time;

3. The name, address and contact information for the property owner, landlord or management company, homeowners’ association if applicable, as well as the notarized signature of the property owner and authorized board member of the homeowners’ association (if applicable) consenting to the operation of a cottage food business;

4. Proper identification for the applicant such as a valid driver’s license, or California identification card or other identification acceptable to the department;

5. Name of each individual involved and/or employed, whether they are a family member of the operator and the number of vehicles registered to the address and license plate number(s);

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

7. A copy of either:

a. The County of Los Angeles department of public health environmental health division “self certification checklist” registration for a Class A operation; or

b. The Class B permit issued by the Los Angeles County department of public health environmental health division;

8. A description of the item(s) proposed to be prepared by the applicant under the permit;

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

10. A scaled site plan showing (a) location of all the structures on site, (b) all vehicle parking spaces for the home or complex, (c) all delivery and/or loading areas, and (d) the location of streets and property lines, driveway, pedestrian walkways, et cetera;

11. A scaled floor plan showing: (a) all rooms within the dwelling unit proposed for the cottage food operation, (b) areas proposed to be registered and/or permitted by Los Angeles County department of public health environmental health division for cottage food preparation, packaging and related exclusive storage, (c) all doors and exits, and (d) location of fire extinguishers, et cetera;

12. Processing fee as established by resolution of the city council; and

13. Any other information as determined necessary by the department related to spacing and concentration, traffic control, parking, and noise control in order to ensure the public health, safety and welfare.

C. Action on the Application. Within 60 days after submittal of a complete application and fee as required by this section, the director of community development or his/her designee (director) shall approve, approve in modified form, or deny the application in compliance with the authority and requirements set forth in this section and California Government Code Section 51035, as may be amended from time to time. The director shall grant the cottage food operations permit if the proposed cottage food operation, as applied for or as modified, complies with the standards set forth in this section. Notwithstanding the foregoing, the director at his/her discretion may grant conditional approval of the use upon the cottage food operation’s compliance with any additional reasonable standards related to spacing and concentration, traffic control, or noise which the director in his/her sole discretion deems necessary to mitigate the impact of the proposed use on the surrounding residential neighborhood. The decision of the director shall be in writing and supported by reasonable findings. Any action of the department may be appealed to the planning commission pursuant to subsection (G) of this section, “Appeals.”

D. Operating Standards. Cottage food operations must meet the following requirements:

1. Spacing and Concentration. No cottage food operation shall be approved if the site of the proposed use is located within 500 feet of the property line of another cottage food operation. One cottage food operation permit is allowed per address.

2. Traffic Control and Parking.

a. For single-family homes (one house on one lot), parking spaces in the property’s garage, or carport, and driveway must be available for the actual parking demand created by the use, including parking spaces for the household member’s vehicles and a parking space for an employee if an employee is present.

b. For multifamily developments (attached or detached), the cottage food operator’s designated space(s) must be available for the actual parking demand created by the use, including parking spaces for the household member’s vehicles and a parking space for an employee if an employee is present. On-site parking in an apartment complex or other multifamily residence requires written consent from all of the following that apply: the property owner, landlord, authorized board member of the homeowners’ association, or property manager.

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

3. Deliveries and Loading. The cottage food operator shall only allow vehicular delivery or loading related to the cottage food operation on a daily basis between the hours of 8:00 a.m. and 7:00 p.m. Monday through Saturday. The cottage food operator shall not allow any vehicle making a delivery, being loaded, or being used by consumers or third party retailers in relation to the cottage food operation to block or impede the public right-of-way, a vehicular drive aisle, encroach into any required on-site parking space, or idle at any time.

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

a. Visitation to the residence containing the cottage food operation for the purpose of direct or indirect sales is limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday.

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

c. There shall be no outdoor sales or any other outdoor operations related to the cottage food operation at any time at the residence containing the cottage food operation.

d. Sales shall not be conducted in any garage or any detached accessory structure.

5. Noise Control. Cottage food operations shall not create noise levels in excess of those allowed in the applicable residential areas in the noise element of the general plan or in excess of those allowed in residential property pursuant to Chapter 16.24 BGMC, “Noise Regulation.”

6. General Standards. The following standards shall apply to all cottage food operations:

a. The cottage food operations shall be limited to only those items approved for sale as set forth under Health and Safety Code Section 114365.5.

b. The cottage food operation permit may not be transferred, assigned or used by any person other than the permittee, or used at any location other than the one for which the permit is granted.

c. The cottage food operation shall conform to all applicable federal, state, and municipal laws and regulations applicable to the residential area in which the cottage food operation is located.

d. The cottage food operation shall obtain, maintain, and renew as required, a valid city business license. As part of the approval for a business license request, the city may conduct a site inspection to ensure that the cottage food operation complies with the site plan and floor plan approved as part of the cottage food permit.

e. Employment other than the immediate family members of the resident and one full or part-time unrelated employee is prohibited.

f. External use of material or equipment not recognized as being part of the normal practices in the residential zone is prohibited.

g. Equipment which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses is prohibited.

h. On-site advertising and/or business identification signage is prohibited.

i. On-site dining or tasting events for customers are prohibited.

j. Trash production shall not exceed that which otherwise is produced by normal residential activities.

k. Cottage food operations must comply with the restrictions on gross annual sales as set forth in California Health and Safety Code Section 113758. Should at any time sales exceed the restrictions on gross annual sales, the permit shall be void, and sales may no longer be conducted at the property.

l. Cottage food operators must at all times maintain applicable tax returns or other proof of gross annual income.

m. A cottage food operation shall obtain, maintain, and renew as required an operating permit with the Los Angeles County department of public health environmental health division.

n. The cottage food operation shall conform to all federal, state, and municipal laws and regulations applicable to the residential area in which the cottage food operation is located.

E. Health Inspection. Per the California Health and Safety Code Section 114365, an initial and no more than one annual inspection may be conducted by the Los Angeles County department of public health for a Class B operator that conducts indirect sales. A Class A operator shall not be subject to initial or routine inspections. An inspection may be conducted for any cottage food operation on the basis of a consumer complaint, reason to suspect that adulterated or otherwise unsafe food has been produced by the cottage food operation or that the cottage food operation is in violation of county department of public health requirements for a cottage food operation.

F. Permit Revocable. A permit to operate a cottage food operation obtained under this section is revocable at any time by the director if any of the following conditions exist. The director shall provide the permit holder with at least 10 days’ prior written notice of the grounds for the proposed revocation.

1. That the condition of the cottage food operation permit or provision of this chapter has been violated.

2. That the cottage food operation has become detrimental to the public health or safety, or constitutes a nuisance as designated in BGMC 16.04.040.

3. That the permit was obtained in a fraudulent manner.

4. That the cottage food operation no longer maintains a valid Class A or Class B permit.

G. Appeals. Any decision on an application under this chapter may be appealed to the planning commission pursuant to the procedures set forth under Chapter 9.60 BGMC, “Appeals.” (Ord. 858 § 5, 2014).

9.20.100 Electric substations – Site plan review.

In addition to compliance with all other applicable statutes, ordinances and regulations, the following regulations shall apply to electric distribution substations where they are permitted through site plan review by the planning commission in the commercial zones:

A. An electrical distribution or transmission substation shall not be used on less than the required area prescribed in the zone, but in no event on less than 5,000 square feet.

B. A front yard shall be provided as required by the zone in which it is located, but in no event less than five feet.

C. All buildings, structures and landscaping shall be, insofar as is practical, harmonious and compatible with the development of surrounding properties.

D. Landscaping shall be developed and maintained in all required setback areas and also to provide adequate screening of interior development as prescribed in Chapter 9.34 BGMC, Landscaping, and as directed by the planning commission.

E. A site plan shall be submitted to the planning commission, pursuant to the provisions of Chapter 9.58 BGMC, Site Plan Review, indicating compliance with the regulations of this section, and the standards of development of the zone in which it is located. (Ord. 806 § 1, 2007).

9.20.103 Emergency shelters.

A. Applicability. The provisions of this section apply to emergency shelters as defined in Chapter 9.04 BGMC, Definitions, and where permitted pursuant to BGMC 9.14.030, Permitted land uses, Table 9.14A: Industrial Land Use Matrix.

B. Development Standards. Emergency shelters shall comply with the development standards for M-1 land use as specified in BGMC 9.14.040, Development standards. The following special design standards shall also apply:

1. Location Requirements. An emergency shelter shall not be located any closer than 300 feet to another emergency shelter.

2. Maximum Number of Beds. The maximum number of beds for an emergency shelter shall be 20 beds plus a residential unit for a full time on-site manager. Maximum occupancy at any one time shall be 20 residents plus a minimum of one on-site manager. The cumulative total number of beds on a citywide basis shall not exceed 200.

3. On-Site Facilities. Each emergency shelter shall provide central laundry and cooking facilities, a minimum of one toilet per six beds per gender, a minimum of one shower per six beds per gender, and private toilets and showers for family shelter facilities. Resident storage areas shall be provided. At least one of the following specific support services shall be provided:

a. Recreation room.

b. Counseling center.

c. Child care.

d. Referral services.

e. Other similar supportive services geared to the homeless.

4. Lighting. Security lighting shall be provided on the building and in parking lot areas. A plan for security lighting shall be submitted for review by the police department and shall be installed and fully operational prior to occupancy of the facility.

5. Waiting Areas. Intake areas and waiting areas, of a size adequate to accommodate queuing at peak hours, shall be located within the building. Queuing in the public right-of-way or a parking lot is prohibited.

C. Management and Operations.

1. On-site security personnel and an on-site manager shall be present at the facility during all hours of operation.

2. Outdoor activities are prohibited.

3. Shelter hours of operation shall be 8:00 a.m. to 9:00 p.m. Resident check-in is permitted between the hours of 4:00 p.m. and 8:00 p.m.

4. Resident stays are limited to a maximum of six months per resident within a 12-month time period.

5. Loitering shall be prohibited.

6. Consumption of alcohol on the premises shall be prohibited.

7. Areas for storage or parking of bicycles, shopping carts, wagons and other similar items shall be provided and not be visible from the public right-of-way.

8. A written management and operations plan shall be submitted for review to the director of community development to address, at a minimum, the following:

a. Staff training.

b. Neighborhood outreach.

c. Security.

d. Loitering control.

e. Alcohol and illegal substances control.

f. Staffing and services plan for assisting residents to obtain permanent shelter and income.

g. Counseling services.

h. Litter control. (Ord. 863 § 2, 2015; Ord. 851 § 6, 2013).

9.20.105 Furniture reupholstering or redecorating.

In addition to compliance with all other applicable statutes, ordinances and regulations, the following regulations shall apply to furniture reupholstering or redecorating stores or shops when they are permitted as a principal use in any commercial zone:

A. Such activity shall be restricted to the ground floor of the building or buildings and shall not occupy more than 75 percent of said ground floor area.

B. The remaining floor area shall be used for display or office space or both.

C. Not more than five employees shall be engaged in such activity.

D. A commercial appearance shall be maintained by office or window display space or both across the entire street frontage of the building to a depth of not less than two feet.

E. The construction of furniture frames on the premises is prohibited. (Ord. 806 § 1, 2007).

9.20.107 Home occupation permit.

A. Purpose and Intent. These regulations are provided so that certain incidental and accessory uses may be established in neighborhoods allowing residential dwelling units under conditions to ensure that the activities will not disrupt, become a nuisance, disturb, or modify the character of the neighborhoods.

B. Home Occupation Permit Required. All home occupations are subject to the home occupation operations regulatory permit requirements of this section, as well as all other applicable ordinances of the city, and laws of the county and state regulating home occupations. A home occupation permit is an annual permit subject to application for renewal, which must be filed with the city prior to the expiration of the existing permit. Same considerations listed below will be considered in any renewal application.

An applicant for a home occupation permit must provide the following:

1. The address of the property on which the home occupation is proposed to be located;

2. The applicant’s name and address proposed for the operation. The applicant must be the “home occupation operator” and reside at the property applying for the permit;

4. Applicant’s valid driver’s license, California identification card, or other identification acceptable to the department;

5. Only one home occupation permit shall be considered and issued per dwelling unit.

C. Action on the Application. Within 60 days after submittal of a complete application and fee as required by this section, the director of community development or his/her designee shall approve, approve in modified form, or deny the application. The director shall grant the home occupation permit if the proposed occupation, as applied for or as modified during the application process, complies with all applicable laws and the standards set forth in this section. Notwithstanding the foregoing, the director at his/her discretion may grant conditional approval of the use upon the home occupation’s compliance with any additional reasonable standards related to spacing and concentration, traffic control, or noise which the director in his/her sole discretion deems necessary to mitigate the impact of the proposed use on the surrounding residential neighborhood. The decision of the director shall be in writing and supported by reasonable findings. Any action of the director may be appealed to the planning commission pursuant to subsection (G) of this section, Appeals.

D. Permitted Uses.

1. Professional office, not limited to an architect, accountant, realtor, sales representative, or consulting business (provided all work is picked up and delivered to the client by resident).

2. Artist or author, when products are sold off site (i.e., via the Internet) and all work is picked up and delivered to the client by resident.

E. Performance Standards.

1. Such occupation shall be carried wholly within the dwelling unit or an accessory structure. No portion of any required off-street parking area shall be used for the home occupation. Required residential off-street parking shall be maintained.

2. The home occupation shall be an incidental and accessory use and shall not change the principal character of the dwelling unit. There shall be no remodeling or construction that will change the exterior of the dwelling unit from a residential to a commercial appearance.

3. The home occupation shall be conducted by a member or members of the family residing on the property and as an incidental use to the primary residential use. No person shall be employed by the permittee that is not a family member residing at the dwelling unit subject to the permit.

4. No customer shall be served on the premises, and no pedestrian or vehicular traffic shall be generated beyond that incidental to a residential use.

5. There shall be no exterior evidence of the conduct of a home occupation.

6. No advertising signs or displays are permitted.

7. The address of such home occupation shall not be used for marketing purposes.

8. There shall be no visible storage of materials or supplies related to the home occupation permit, unless otherwise permitted in the district in which it is located.

9. Required off-street parking areas shall not be used for operations of the business or storage of materials used in the business and shall be maintained for parking of vehicles associated with the residence.

10. Activities conducted, and equipment and material stored or used, shall not create a fire hazard, or change occupancy classifications of the premises.

11. No activities under the home occupation permit shall be conducted which emit dust, fumes, vibrations, radio/electrical interference, light, glare, or odor, which would or could interfere with the peaceful use and enjoyment of adjacent properties.

12. Home occupations shall not create noise levels in excess of those allowed in the applicable residential areas in the noise element of the general plan or in excess of those allowed in residential property pursuant to Chapter 16.24 BGMC, Noise Regulation.

F. Revocation.

1. Permit Revocable. Any home occupation permit obtained under this section is revocable at any time by the director if any of the following conditions are confirmed to exist to the satisfaction of the director of community development:

a. That the condition of the home occupation permit or provision of this chapter has been violated.

b. That the home occupation has become detrimental to the public health or safety, or constitutes a nuisance as designated in BGMC 16.04.040.

c. That the permit was obtained in a fraudulent or unlawful manner.

The director shall provide the permit holder with at least 10 days’ prior written notice of the grounds for the proposed revocation.

G. Appeals. Any decision on an application or revocation of an existing permit under this chapter may be appealed to the planning commission pursuant to the procedures set forth under Chapter 9.60 BGMC, Appeals. (Ord. 917 § 5, 2021).

9.20.110 Hotels and motels – Conditional use.

In addition to compliance with all other applicable statutes, ordinances and regulations, the following regulations shall apply to hotels and motels where they are permitted by conditional use permit:

A. Each rental unit in hotel or motel uses established after the effective date of the ordinance codified in this section shall contain a minimum area of 300 square feet, inclusive of sleeping area, bathroom and closets.

B. For hotel or motel uses established after the effective date of the ordinance codified in this section, no building or structure shall encroach closer than 10 feet to the actual or proposed right-of-way of any major highway or secondary highway, nor closer than five feet to any other street. Said required setback areas shall be devoted solely to landscaping, walkways, driveways and identification signs.

C. For hotel or motel uses established after the effective date of the ordinance codified in this section, a recreational area or areas containing amenities such as a swimming pool, sauna, playground equipment, game room, or attractive landscaping shall be provided on site. The minimum amount of space to be devoted to the recreational area or areas shall be 25 square feet per unit in the motel or hotel complex, including the manager unit. Said recreational area shall be in addition to any setbacks and on-site landscaping otherwise required by this code.

D. No kitchen facilities, other than limited convenience facilities as approved in the discretion of the planning commission, shall be allowed on the hotel or motel premises, with the exception that the manager’s unit and restaurants located on the premises may contain complete kitchen facilities.

E. Guest units shall be rented on a transient occupancy basis only.

F. No conditional use permit shall be granted for a hotel or motel use to be established after the effective date of the ordinance codified in this section unless the planning commission finds, based upon a market feasibility analysis prepared by a qualified professional marketing analyst, to be submitted by the applicant upon filing for the conditional use permit, that there is a demonstrated need and expected demand for transient motel or hotel use at the proposed location.

G. The planning commission may require, as a condition of any permit granted, that appropriate management, operations and security be maintained to ensure against unlawful activities on the premises.

H. No hotel or motel shall be approved with less than 50 rental units.

I. The planning commission shall review and approve elevations of the proposed building from all directions with particular attention to any side visible to residential uses.

J. Any lawfully established hotel or motel use in existence prior to the effective date of the ordinance codified in this section shall be governed by the provisions of Chapter 9.64 BGMC regulating nonconforming uses; provided, in addition, that in order to continue operation of said use beyond five years from the effective date of the ordinance codified in this section, a conditional use permit must be obtained in accordance with the terms of this section. The provisions of this section applicable to hotel and motel uses established after the effective date of the ordinance codified in this section shall not be applicable to conditional use permits granted for preexisting nonconforming uses. (Ord. 806 § 1, 2007).

9.20.115 Massage businesses – Conditional use.

Repealed by Ord. 879. (Ord. 806 § 1, 2007).

9.20.120 Mobile homes/manufactured housing – Site plan review.

Manufactured or mobile homes are subject to site plan review by the planning commission and shall be subject to the following requirements:

A. Mobile or manufactured homes may be used as single-family dwellings in the residential land use districts if the home is certified under the National Mobile Home Construction and Safety Standards Act of 1974, and was constructed within 10 years of the date of the application for issuance of a permit to install the mobile/manufactured home. Documentation indicating certification and construction date must be submitted to the building and safety department in order to secure valid building permit(s).

B. Mobile or manufactured homes shall be installed on an approved permanent foundation system in compliance with all applicable codes, pursuant to Section 18551 of the Health and Safety Code.

C. The planning director shall determine that the subject lot together with the proposed mobile or manufactured home is compatible with the surrounding development. This determination shall include an assessment of on-site design and development standards and materials, architectural aesthetics, setbacks, building height, accessory buildings, access, off-street parking and minimum square footage requirements, and any other criteria determined appropriate by the director.

D. The following specific design standards shall govern the installation and construction of manufactured and mobile homes:

1. All homes shall have a minimum eave dimension of one foot.

2. All siding shall be nonreflective and shall be installed from the ground up to the roof.

3. All roofs shall have a minimum pitch of 1:4.

4. All homes shall have a minimum width (across the narrowest portion) of 20 feet.

5. Homes constructed on lots of 20,000 square feet or greater shall be required to (a) construct a minimum of two roof dormers on the front of the house facing a street or public view; and (b) architecturally treat gables. (Ord. 806 § 1, 2007).

9.20.125 Mobile home parks – Conditional use.

In addition to compliance with all other applicable statutes, ordinances and regulations, the following regulations shall apply to mobile home parks where they are permitted by conditional use permit:

A. New Mobile Home Parks in Zones C-3, C-4 and C-M.

1. A mobile home park shall have an area of not less than 120,000 square feet.

2. Each trailer site shall have an average area of not less than 1,750 square feet, but in no event shall a trailer site have an area of less than 1,200 square feet.

3. Each mobile home park shall have the following yards:

a. A front yard as required by the zone in which it is located, but in no event less than 15 feet.

b. A trailer coach or structure, other than a wall, shall not be located within five feet of the side or rear line of a trailer site.

4. Each trailer coach shall be located not closer than 10 feet to any other trailer coach.

5. Each trailer site shall have access upon a driveway of not less than 25 feet in clear width, exclusive of required parking areas. All driveways shall be improved with macadam, asphalt or concrete surfacing, as provided in Chapter 9.38 BGMC, Parking and Loading (Off-Street), and shall have clear and unobstructed access to a public thoroughfare.

6. Each mobile home park shall have off-street parking facilities as prescribed in Chapter 9.38 BGMC, Parking and Loading (Off-Street). Such parking spaces shall have clear and unobstructed access to a public thoroughfare.

7. A solid masonry wall not less than five feet in height nor more than six feet in height shall be established along said side and rear lot lines when the mobile home park is located adjoining or adjacent to any residential or agricultural zone.

8. A minimum of five percent of the total area within a mobile home park shall be landscaped, including the landscaping required for parking lots by Chapter 9.38 BGMC, Parking and Loading (Off-Street). Natural tree growth and foliage, which is not impaired or removed by the establishment of the mobile home park, may be included in the required five percent to be landscaped.

9. The following restrictions shall apply:

a. A trailer coach shall not be used for any commercial purpose.

b. Vehicles shall not be parked within required driveways.

10. There shall be no commercial uses except those uses approved by the commission and which are appurtenant and necessary to facilitate the operation of the mobile home park.

11. The site plan required by Chapter 9.50 BGMC, Variances and Conditional Use Permits, shall, in addition to other requirements, indicate compliance with the provisions of this section.

B. Mobile Home Parks in Zones R-1, R-3 and M-1 Established Prior to September 15, 1961.

1. Each trailer site shall have a minimum area of 600 square feet.

2. No mobile home shall occupy more than 75 percent of the area of trailer site.

3. Each mobile home park in residential zones shall have a front yard of 15 feet and a street-side yard of five feet as measured from the front or street-side property line (inside the sidewalk).

4. In other zones, the front yard shall be the same as required in the zone.

5. Required yards shall be landscaped.

6. Mobile homes or structures in a mobile home park shall not be located closer than three feet to a rear or side lot line.

7. Each mobile home or permanent building shall be located no nearer than six feet from any other mobile home or permanent building, except a building containing a private toilet and/or bath for the exclusive use of the occupants of the mobile home lot.

8. All driveways and parking areas shall have asphalt or concrete surfacing.

9. Each mobile home site shall have an access driveway of not less than 15 feet in width.

10. Each mobile home site shall have at least one off-street parking space for each mobile home. These spaces shall be within the mobile home park or on adjacent property under the same ownership as the park.

11. Wall and Fence Requirements.

	Minimum Height	Maximum Height
Front yard at setback line	42"	6'
Side yard (street) at setback line	42"	6'
Side yard (interior)*	5'	6'
Rear yard*	5'	6'
*A masonry wall at the side and rear lines shall be required where (1) the mobile home park is adjoining a residential use, and (2) a residence or apartment structure is within five feet or less from the lot line. In other cases, a fence approved by the commission may be substituted.

12. Each owner of a nonconforming mobile home park, in applying for a conditional use permit, shall submit a site plan drawn to scale showing the location of all physical features on the site, existing or proposed.

13. Signs shall be limited in size to 20 square feet in area for each street entrance, and accessory signs not exceeding four square feet in area; a directory sign of reasonable size shall be allowed inside of the park.

14. Each park shall have at least one entrance and one exit.

15. Access shall be available to each park so that in the event of an emergency a trailer can be removed promptly.

16. Adequate lighting shall be provided at night for the public toilets and showers and the exterior areas of the mobile home park.

17. Utility rooms and restrooms shall be maintained in a clean condition.

18. Continuous maintenance shall be provided for all landscaping, driveways, parking, and patio areas and areas surrounding all trailers.

19. Each trailer shall be painted at least once every five years in order to maintain a reasonably neat appearance, and, if not, the building department of the city shall have the right to cite the owner of any trailer and require that the same be painted as needed. This requirement may be waived by the building inspector where he finds the exterior condition of the mobile home is such that painting is not necessary.

20. The building department shall annually inspect each mobile home park for compliance.

21. The following restrictions shall apply:

a. A trailer coach shall not be used for any commercial purpose.

b. A trailer coach shall not support a building.

c. Vehicles shall not be parked within required driveways.

22. There shall be no commercial uses except those uses approved by the commission and which are appurtenant and necessary to facilitate the operation of the mobile home park.

23. Recreational facilities shall be used only by residents of the mobile home park and their guests.

24. The planning commission may modify these developmental standards for setbacks, walls, parking and access driveways, where in the opinion of the commission there is sufficient evidence presented that such a modification will not be detrimental to adjacent properties nor violate the intent and spirit of these mobile home park standards. (Ord. 806 § 1, 2007).

9.20.130 Motorcycle repair.

In addition to compliance with all other applicable statutes, ordinances and regulations, the following regulations shall apply to motorcycle repair facilities where they are permitted as a principal use:

A. Ingress and egress for all vehicles shall be taken exclusively from a commercial street and prohibited from public or private alleys.

B. All repair activity must be conducted within an enclosed building.

C. All business shall be conducted from the primary building entrance facing a commercial street.

D. Testing or running of engines shall be restricted to the hours between 8:00 a.m. and 7:00 p.m.

E. Residential structures shall be prohibited on the same site as motorcycle repair shops. (Ord. 806 § 1, 2007).

9.20.135 Parking lots (as accessory uses in residential zones) – Site plan review.

In addition to compliance with all other applicable statutes, ordinances and regulations, the following regulations shall apply to parking lots as an accessory use in residential zones where they are permitted through site plan review by the planning commission:

A. Parking shall be permitted when the lot or parcel of land in the residential zone in which parking as a supplemental use is permitted adjoins or is separated only by an alley from any commercial or manufacturing zone.

B. Parking shall be limited to motor vehicle parking lots exclusively but shall exclude vehicles over two tons rated capacity.

C. Parking shall be limited to an area within 100 feet from the boundary of the qualifying commercial or industrial zone.

D. The area developed with parking as a supplemental use shall have direct vehicular access to an improved public street, highway, alley or to the qualifying commercial or industrial zone.

E. The lot or parcel of land developed with parking as a supplemental use shall:

1. Have a side lot line adjoining, or separated only by an alley, for a distance of not less than 50 feet, with property in the qualifying commercial or industrial zone; or

2. Where the lot or parcel of land referred to in subsection (E)(1) of this section has a width less than 100 feet, additional lots or parcels of land may be considered for parking as a supplemental use; provided, that:

a. They have successive contiguity on side lot lines with the first lot or parcel of land described in subsection (E)(1) of this section; and

b. In no event shall the total area developed for parking extend more than 100 feet from the qualifying commercial or industrial zone; and

c. All area extending from the qualifying commercial or industrial zone is developed for parking.

F. The side lot line of the lot or parcel of land developed with parking as a supplemental use shall not exceed the length of the side lot line common to said commercial or industrial zone.

G. Any remaining portion of a lot or parcel of land developed with parking as a supplemental use shall contain not less than the required area or width.

H. Parking shall be developed in accordance with the provisions of Chapter 9.38 BGMC, Parking and Loading (Off-Street), except that a landscaped front yard setback equal to that of the zone in which it is located shall be provided.

I. A site plan shall be submitted to the planning commission, pursuant to the provisions of Chapter 9.58 BGMC, Site Plan Review, indicating compliance with the regulations of this section and the standards of development of the zone in which it is located. (Ord. 806 § 1, 2007).

9.20.137 Residential care facilities, seven to 15 persons.

A. Applicability. The provisions of this section apply to residential care facilities as defined in Chapter 9.04 BGMC, Definitions, which serve seven to 15 persons and where permitted pursuant to BGMC 9.10.030, Permitted land uses, Table 9.10A: Residential Land Use Matrix, and BGMC 9.12.030, Permitted land uses, Table 9.12A: Commercial Land Use Matrix.

B. Development Standards. Residential care facilities serving seven to 15 persons shall comply with the development standards for residential land use as specified in BGMC 9.10.040, Development standards. The following special design standards shall also apply:

1. Location Requirements. A residential care facility serving seven to 15 persons shall not be located any closer than 300 feet to another residential care facility serving seven to 15 persons.

2. Maximum Occupancy. Maximum occupancy at any one time shall be 15 residents plus staff and caregivers for residents as required by the state licensing requirements for residential care facilities.

3. Smoking in Outdoor Areas. Staff, residents, guests, or any other users of a residential care facility shall not smoke in an area from which the secondhand smoke may be detected on any adjacent or surrounding residential parcel or within 20 feet of any entrance or exit of the facility.

4. Management and Operation. The property shall be operated in compliance with applicable state, federal, and local law and in conformance with the management and operating plan and rules of conduct submitted as part of the application for a conditional use permit or as identified in the conditions of approval for a conditional use permit. A written management plan shall be submitted for review and approval by the director of community development prior to occupancy and shall address provisions for staffing, security, and treatment programs for residents.

5. Each management and operation plan shall provide a phone number by which the operator may be contacted at all times.

6. The operation shall comply with the business license provisions of Chapter 5.02 BGMC, Business Licenses Generally.

7. Lighting. Security lighting shall be provided. A plan for security lighting shall be submitted for review and approval by the police department and be installed and fully operational prior to occupancy of the facility. (Ord. 852 § 5, 2013).

9.20.140 Residential condominiums – Conditional use.

(Adopted by Ord. No. 443, 7/21/81).

In addition to compliance with all other applicable statutes, ordinances and regulations, the following regulations shall apply to residential condominium projects where they are permitted by conditional use permit:

A. Intent and Purpose.

2. The intent of this section is to further the goals of the city’s general plan, provide a balanced mix of housing, and to establish standards to regulate the placement of such projects and land use consistent with the form of ownership and occupancy of such projects pursuant to applicable laws for the general health, safety and welfare of the public.

B. General Provisions. The following provisions shall apply to all residential condominium projects proposed in the city:

1. Required Permits.

c. In addition to the provisions of Chapter 9.50 BGMC, Variances and Conditional Use Permits, a conditional use permit granted for condominium projects shall expire if the tentative map approval expires.

d. No condominium project shall be approved unless it can be demonstrated that the project, if and when constructed in accordance with approved plans, will be in compliance with the development policies of the adopted general plan, division of land ordinance, State Subdivision Map Act, zoning ordinance, building code, fire code, and any other development standards in effect at the time of project approval by the planning commission.

2. Application Requirements. An application for a condominium project shall include the following items in a number or quantity prescribed by the director of community development:

i. Lot dimensions.

ii. Location of all buildings and structures including elevations, size, heights and proposed use.

iii. The relation of the existing buildings and structures in the general vicinity to the project.

iv. Yards and spaces between buildings.

v. Walls and fences including the location of each, the height, and the material of which they are constructed.

vi. Location, number of spaces and dimensions of all off-street parking facilities and internal circulation patterns in the project.

vii. Pedestrian, vehicular and service points of ingress and egress.

viii. Location, size and design of all signs proposed.

ix. Location and general nature of all lighting proposed for parking and open areas.

x. Location of all street dedications and improvements required.

xi. Trash storage areas.

xii. All public utility installations, including poles, transformers, vaults, and meters.

xiii. Location of all external mechanical equipment, including water heaters, air conditioners and lighting units.

xiv. Type of roofing material.

xv. Landscaping plan for all common areas, including irrigation facilities proposed.

b. A word description of all common areas, facilities and amenities that are to be provided for the enjoyment and use of unit occupants.

c. Specific information concerning the characteristics of the project including, but not limited to, the following:

i. Proposed sale price of unit;

ii. Proposed homeowners’ association fee; and

iii. Financing availability.

d. Any other information which, in the opinion of the director of community development, will assist in determining whether the proposed project will be consistent with the purposes of this section.

e. The proposed covenants, conditions and restrictions that would be in effect and applied on behalf of any and all owners of condominium units within the project. With regard to stock cooperatives, this submission shall also consist of a full description of the proposed management, occupancy and maintenance policies.

f. Filing fees as required by the city of Bell Gardens.

3. Standards of Development. All condominium projects shall conform to the building and zoning requirements applicable to the zone wherein the project is proposed to be located and to Division 4 of this title, Supplemental Development Standards, unless a variance is granted there for specific requirements. In addition to the above, the following standards shall also apply:

a. Unit Size. The enclosed living or habitable area of each unit shall not be less than 750 square feet, unless the planning commission determines at the time of approval that other project amenities compensate for the failure to meet the minimum required enclosed area. Compensating amenities may include, but are not limited to, the following:

i. Private enclosed open space;

ii. Enclosed developed facilities within the common areas;

iii. Covenants, conditions and restrictions limiting density; and

iv. Compatibility of the density of the total project in relation to the project’s amenities and surrounding neighborhood.

b. Open Space. Open space amenities shall be a basic design element in all condominium projects. Open space amenities may include active or passive recreational areas and facilities, landscaped areas of unique design, as well as both commonly and privately owned and maintained spaces. Each development shall make minimum open space provisions as follows:

i. Common Open Space Areas. A minimum of 20 percent of the gross project area shall be set aside, developed and maintained as open space for the benefit and use of all residents of the project.

ii. Private Open Space. Each residential unit shall have a minimum of 75 square feet of private open space directly adjacent to, and accessible from, the respective unit. Such open space may include courtyards, walled patios or balconies.

c. Parking Standards. All off-street parking facilities shall be developed in compliance with Chapter 9.38 BGMC, Parking and Loading (Off-Street), and shall be subject to the following additional provisions:

i. Each unit shall be provided with two fully enclosed parking spaces.

ii. Additional open parking spaces for guests shall be provided on site at a ratio of one-half space per unit. Said open parking spaces shall be distributed throughout the project at convenient locations.

iii. No living units shall be permitted over garages except where a garage serves the unit above. However, alternate parking designs may be approved if the planning commission finds that the proposed parking arrangement contributes to the overall quality design of the project and furthers the city’s housing objectives as defined in the general plan, and adequate noise attenuation measures have been employed.

d. Private Storage Space. Each unit shall have at least 200 cubic feet of enclosed weatherproofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space shall be for the sole use of the unit owner. Such space may be provided in any location as approved by the planning commission, but shall not be divided into two or more locations. In such cases where the applicant can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the planning commission.

e. Laundry Facilities. A laundry area shall be provided in each unit; or if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and dryer for each four units or fraction thereof. In such cases where the applicant can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the planning commission.

f. Walls. A six-foot-high solid masonry wall designed and constructed of materials and colors compatible with the overall design of the project shall be required along the side and rear lot lines of the project site. However, the planning commission may waive this requirement when such a wall would not serve as a land use buffer between incompatible uses.

g. Trash Storage Areas. Each development shall make provisions for a minimum of one trash bin (minimum 48-cubic-foot capacity) for each four dwelling units. The trash bin areas shall be located within a reasonable distance of the units served. In computing the number of trash bin areas required, all fractions shall be rounded upwards to the next whole number. The planning commission may approve alternative trash storage facilities upon the favorable recommendation of the county health department.

h. Utility Metering. The consumption of gas and electricity within each unit shall be separately metered so that the unit owner can be separately billed for each utility.

i. A water shutoff valve shall be provided for each unit or for each plumbing fixture. Each unit shall have access to its own meter(s) and heater(s), which shall not require entry through another unit in accordance with the California Plumbing Code.

ii. Each unit shall have its own panel, or access thereto, for all electrical circuits, which serve in accordance with the California Electrical Code.

i. Fire Prevention.

i. Smoke Detectors. Each living unit shall be provided with UL-approved detectors conforming with the current building code standards.

ii. Maintenance of Fire Protection Systems. All on-site fire hydrants, fire alarm systems, portable fire extinguishers, and other fire-protective appliances shall be retained in an operable condition at all times, maintained by the homeowners’ association as delineated in the covenants, conditions and restrictions and as required by the fire code.

j. Sound Transmissions. Wall and floor/ceiling assemblies shall conform to Title 25, California Administrative Code, Section 1092, or its successor. Permanent mechanical equipment, including domestic appliances, which is determined by the city building official to be a potential source of vibration or noise, shall be shock-mounted, isolated from the floor and ceiling, or otherwise installed in a manner approved by the city building official to lessen the transmission of vibration and noise. Soundproofing between units shall be in accordance with the building code.

k. Public Easements. In accordance with this title, the applicant shall make provisions for the dedication of land or easements for street widening, public access or for other public purposes in connection with the project where necessary and in accordance with established and planned improvements.

l. Underground Utilities. All utility service laterals to new developments shall be constructed underground.

m. Maintenance. All private streets, driveways, walkways, parking areas, landscaped areas, storage areas, screening, sewers, drainage facilities, utilities, open space, recreational facilities, and other improvements not dedicated and accepted for public use shall be maintained by the property owners. Any failure to maintain is unlawful and a public nuisance and may be subject to abatement pursuant to Chapter 99 of the building code.

4. Design Criteria. The following design criteria shall apply to the review and development of all condominium projects:

b. The plan shall provide for adequate circulation, off-street parking, open recreational areas and other pertinent amenities. Buildings, structures and facilities on the parcel shall be well integrated, oriented and related to the natural features of the site.

d. The internal street system shall not be a dominant feature in the overall design, rather it should be designed for the efficient and safe flow of vehicles without creating a disruptive influence on the activity and function of any common areas and facilities.

e. Common areas and recreational facilities shall be located so as to be readily accessible to the occupants of the units and shall be well related to any common open spaces provided.

f. Pedestrian circulation shall be safe, properly lighted and integrated to provide walkways between public streets, parking areas, common recreational areas and the units.

5. Required Documents.

a. Condominium projects may be approved subject to submission of all organizational documents setting forth a plan or manner of permanent care and maintenance of open spaces, recreational areas, and common facilities pursuant to state law (Civil Code Sections 1350 through 1359). No such documents shall be acceptable until approved by the city attorney as to legal form and effect, and by the community development department as to suitability for the proposed use of the open areas.

b. If the common open spaces are to be conveyed to the homeowners’ association, the subdivider shall file a declaration of covenants to be submitted with the application for approval that will govern the association. The provisions shall include, but not be limited to, the following:

i. The homeowners’ association shall be established prior to the sale of the last dwelling units.

ii. Membership shall be mandatory for each buyer and any successive buyer.

iii. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project.

iv. If the development is constructed in increments or phases which require one or more final maps, reciprocal covenants, conditions, and restrictions and reciprocal management and maintenance agreements shall be established which will cause a merging of increments as they are completed, and embody one homeowners’ association with common areas for the total development.

v. Same shall contain language or provisions substantially as follows:

i. The covenants, conditions and restrictions of this declaration shall run to the city insofar as they shall apply to the maintenance of the “common areas.”

ii. In the event the Association, or other legally responsible person(s), fails to maintain said common area in such a manner as to cause same to constitute a public nuisance, said city may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or the whole thereof as provided by law.

6. Procedural Provisions. In addition to other provisions contained in this section, the following procedural provisions shall apply:

a. Review by Director of Community Development.

b. Notice of Hearing. Notice of hearings shall be given in accordance with the provisions of Chapter 9.54 BGMC and the State Subdivision Map Act.

C. Condominium Conversions. In addition to those general provisions previously stated in subsection (B) of this section, the following provisions shall apply specifically to proposed residential condominium conversions:

1. Additional Permits Required. In addition to other requirements of this section and any conditions imposed upon the approval of the conditional use permit and tentative map, no persons shall convert an existing structure to a condominium project or offer same for sale, lease, rent or otherwise use without first applying for and obtaining a condominium occupancy permit from the city building official. The procedures associated with obtaining this permit are as follows:

a. A condominium occupancy permit may be applied for concurrently with the conditional use permit, but no permit shall be issued until all conditions and requirements of this section and those applicable to the conditional use permit and tentative map have been complied with.

b. The application for a condominium occupancy permit shall be accompanied by an inspection fee as provided for inspections in Subsection 303(f) of the building code.

c. The city building official shall cause inspections to be made of all buildings and structures in the existing development. An inspection report shall be prepared at or under his direction identifying all items found to be in violation of current code requirements for such buildings or structures or found to be hazardous.

d. The fire marshal shall cause an inspection to be made of all existing buildings and structures to determine the sufficiency of fire protection systems serving said project and report on all deficiencies.

e. The city building official and director of community development shall review the physical elements report and the findings of the building official’s and fire marshal’s inspection reports to determine the various corrections which must be made prior to issuance of the condominium occupancy permit.

f. A final inspection report shall be made by the building official, upon request by the subdivider, indicating compliance with all requirements imposed herein.

g. The building official shall issue to the subdivider a condominium occupancy permit if the violations and deficiencies found to exist have been corrected, and all other requirements have been complied with.

2. Additional Application Requirements. No conditional use permit application for conversion shall be accepted unless the application includes the following items in a number or quantity prescribed by the director of community development:

a. A physical elements report, to be approved by the city building official, including, but not limited to, the following:

i. A report detailing the condition and estimating the remaining useful life of each element of the project proposed for conversion including, but not limited to, the roof, foundations, walls, floors, electrical systems, plumbing systems including sewage systems, swimming pools and sprinkler systems for landscaping, mechanical systems, elevators, utility delivery systems, heating and air conditioning systems, fire protection systems including automatic sprinkler systems, alarm systems and/or standpipe systems, or any other systems or components of a similar or comparable nature, and exterior paint, paved surfaces, common areas, and recreational facilities. Such report shall be prepared by an appropriately licensed contractor or architect or by a registered civil or structural engineer other than the owner or subdivider or an officer, director, or regular employee thereof. For any element whose useful life is less than five years, a replacement cost estimate shall be provided.

ii. A structural pest control report shall be prepared by a licensed structural pest control operator pursuant to Section 8516 of the California Business and Professions Code.

iii. A building history report including the following:

(A) The date of construction of all elements of the project;

(B) A statement of the major uses of said projects since construction;

(C) The date and description of each major repair or renovation of any structure or structural elements since the date of construction. For the purposes of this subsection, a “major repair” or “renovation” shall mean any repair or renovation for which an expenditure of more than $2,000 must be made;

(D) Statement regarding current ownership of all improvements and underlying land; and

(E) Failure to provide information required by subsections (C)(2)(a)(i) through (iii) of this section shall be accompanied by a declaration, under penalty of perjury, setting forth reasonable efforts undertaken to discover such information and reasons why said information cannot be obtained.

iv. The final form of the physical elements report and other documents for conversions shall be as approved by the director of community development and building official. The reports in their acceptable form shall remain on file with the community development department for review by any interested persons. The report shall be referenced in the conditional use permit report to the planning commission.

b. Specific information concerning the characteristics of the conversion project including, but not limited to, the following:

i. Rental rate history for each type of unit for the three years preceding the date of application for conversion;

ii. Makeup of existing tenant households including family size, length of residence, age of tenants, and whether they are receiving federal or state rent subsidies; and

iii. The names, addresses and apartment numbers of all tenants of the premises as of the dates of filing of the application to convert.

c. Written evidence of service of all notices to tenants required by Government Code Section 66427.1 regarding the rights of existing tenants of said condominium project.

d. The subdivider shall submit, as part of his application, his plan to assist the existing tenants in finding suitable replacement rental housing, as well as his compensation proposal for displaced tenants.

3. Additional Requirements for Conversions. Conversion projects shall also comply with the following additional requirements:

a. Refurbishing and Restoration. All main buildings, accessory buildings, fences, patio enclosures, carports and other accessory structures, sidewalks, driveways, landscaped areas, including irrigation systems, common areas, and any other elements of the project shall be refurbished and restored, as necessary, to achieve high quality appearance and safety.

b. Replacement. Any item identified in the physical elements report as having a useful life of less than two years shall be replaced. At such time as the homeowners’ association, not controlled by the developer, takes over management of the project, the subdivider shall provide written certification to the association that all items required to be included in the physical elements report are in working condition.

c. Certification of Condition of Equipment and Appliances. The subdivider shall provide written certification to the buyer of each unit on the initial sale after the conversion that any dishwashers, garbage disposals, heaters, exhaust fans, stoves, refrigerators, water heaters, air conditioners, and any other similar equipment and appliances that are provided, or are proposed to be provided, are in working condition as of the close of escrow.

d. Tenant Provisions. The subdivider for a condominium conversion shall agree to comply with the requirements and provide the benefits specified in the following:

i. Increase in Rents. No tenant’s rent shall be increased: (A) more frequently than once every six months; nor (B) at a greater rate than the rate of increase in the Consumer Price Index (all urban customers, Los Angeles-Long Beach-Anaheim) for the same period. This limitation shall take effect six months prior to the filing of the application for conversion but shall not apply if rent increases are provided for in leases or contracts in existence prior to six months before the application is filed for conversion.

ii. Moving Expenses. The subdivider shall provide moving expenses to any tenant who relocates from the building to be converted after approval of the condominium conversion by the city, except when the tenant has given written notice of his intent to vacate, or vacates voluntarily, prior to receipt of the subdivider’s notice to convert. Furthermore, moving expenses shall not be payable to a tenant who vacates pursuant to a notice to pay rent or quit. Said moving expenses shall be in the sum of three times the monthly rent per unit, but in no event less than $500.00 and in no event shall the subdivider be required hereunder to pay more than $5,500 for such expenses. The expenses shall be paid to the tenant at least seven days prior to expiration of the notice to quit or other agreed moving date.

4. Additional Notice Requirements for Condominium Conversions. In addition to notification as required in Chapter 9.54 BGMC and Division 6 of this title, Subdivision Regulations, the following notification requirements shall apply to proposed condominium conversion projects:

a. Pursuant to Government Code Section 66451.3, the city shall provide each tenant subject to the proposed condominium conversion project with a notice(s) of public hearing(s). Such notice shall be mailed first class, postage prepaid, a minimum of 10 days before the hearing. Such notice shall contain the time and place of the hearing, a general description of the location of the proposed subdivision, and notification of the tenant’s right to appear and the right to be heard. Fees may be collected from the subdivider for expenses incurred in giving this notice.

b. Pursuant to Government Code Section 66452.9, the subdivider shall provide each of the tenants of the proposed condominium project with written notification of intention to convert at least 60 days prior to the filing of a tentative map. Notice shall comply with legal requirements for service by mail.

c. Pursuant to Government Code Section 66452.8, commencing at a date not less than 60 days prior to filing of a tentative map, the subdivider shall give notice of such filing to each person applying after such date for rental of a unit of the subject property immediately prior to the acceptance of any rent or deposit from the prospective tenant by the subdivider.

d. Pursuant to Government Code Section 66427.1(a), the subdivider shall provide each tenant with 10 days’ written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that such report will be available on request. Notice shall comply with legal requirements for service by mail.

e. Pursuant to Government Code Section 66427.1(b), the subdivider shall provide each tenant of the proposed condominium project with written notification within 10 days of approval of a final map for the proposed conversion.

f. Pursuant to Government Code Section 66427.1(c), the subdivider shall provide each of the tenants of the proposed condominium project with 180 days’ written notice of intention to convert prior to termination of tenancy due to the proposed conversion.

g. Pursuant to Government Code Section 66427.1(d), the subdivider shall provide each of the tenants of the proposed condominium project with written notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public, or terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report unless the tenant gives prior written notice of his or her intention not to exercise the right.

h. Pursuant to Civil Code Section 1134 (Stats. 1981, Ch. 811, effective July 1, 1982), the subdivider shall deliver to each prospective buyer the written statement of all substantial defects or malfunctions in the major systems in the unit and common areas of the premises or the written disclaimer therein described. The requirements of said state statute are in addition to the requirements of a physical elements report and certification of working condition required herein.

5. Determination Procedures. An application for a conditional use permit for a condominium conversion shall be approved, conditionally approved, or disapproved by the planning commission. In deciding to approve or conditionally approve said application, the following findings shall be made:

a. That all provisions of this section have been met.

b. That the proposed conversion is consistent with the city of Bell Gardens general plan.

c. That there is an adequate supply of rental housing in the area and in a similar rental range, determined by the planning commission or city council as being adequate to provide rental housing for the income group displaced, while also considering other factors such as rental vacancy rates, new rental construction, population growth and reduction in the rental stock.

d. That the proposed project does not severely diminish the rental housing stock.

e. That the subdivider’s relocation plan for tenants is adequate.

f. That the rehabilitation or structural repairs help upgrade the city’s housing stock.

g. That all notice requirements of the city of Bell Gardens Municipal Code and the State Subdivision Map Act have been satisfied.

h. That the applicant has not engaged in coercive or retaliatory action regarding the tenants after the submittal of the first application for city review through the date of approval. In making this finding, consideration shall be given to:

i. Rent increase at a rate greater than permitted under subsection (C)(3)(d)(i) of this section unless provided for in leases or contracts in existence prior to the submittal of the first application for city review; or

ii. Any other action by subdivider, which is taken against tenants to coerce them to refrain from opposing the project. An agreement with tenants, which provides for benefits to the tenants after the approval, shall not be considered a coercive or retaliatory action so long as receipt of the benefits is not conditioned upon the tenants’ refraining from opposing the project. (Ord. 893 § 6, 2020; Ord. 806 § 1, 2007).

9.20.145 Self-storage facilities.

(Adopted per Ord. No. 798, 3/29/06).

In addition to compliance with all other applicable statutes, ordinances, and regulations, the following regulations shall apply to self-storage facilities where they are permitted as a principal use:

A. Physical Site Controls.

1. The minimum lot area requirement shall be one acre.

2. The minimum number of storage units shall be 600.

B. Use Regulations.

1. Self-storage facilities shall be limited to dead storage use only.

2. No activities other than rental of storage units, the incidental sale of packaging and storage materials, and pickup and deposit of dead storage shall be allowed on the premises.

3. A manager’s office shall be located on the premises.

4. A caretaker’s or manager’s living unit shall be prohibited.

5. Examples of activities prohibited in self-storage facilities include but are not limited to the following:

a. Auctions, commercial wholesale or retail sales, or garage sales.

b. The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.

c. The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.

d. The storage of hazardous or flammable materials.

e. Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.

f. The establishment of a transfer and storage business.

C. Screening and Buffering.

1. A decorative fence or wall of no less than six feet in height, not to exceed eight feet in height, must be installed around the self-storage facility to provide increased security or buffering. Walls shall be constructed of solid decorative block materials (i.e., split face, slump stone, scored, or natural stone) and shall be maintained in good repair as determined by the city’s building and safety inspector. All gates shall be constructed with decorative wrought iron and shall have motorized mechanisms for opening/closing. Walls or fences shall not be used for the erection or display of any sign or advertising device. Chain-link fences shall not be used to meet the requirements of this section.

2. All mechanical equipment located on the roof or exterior wall of a structure shall be provided with a decorative screen or parapet to shield such equipment from view. No plumbing line shall be placed upon the exterior wall of a structure unless such line is enclosed or otherwise screened from view.

3. Trash Areas. All outside trash, garbage and refuse containers shall be stored in a masonry wall enclosure not less than six feet high. The enclosure shall be covered with a decorative overhead trellis and be equipped with solid self-closing and self-latching doors. No trash shall exceed the height of the walls. Adequate vehicular access shall be provided to and from such areas for collection of trash.

4. Landscaping. A minimum of five percent of the total lot area shall be required for landscaping.

D. Special Conditions.

1. All outdoor lighting shall be shielded to direct light and glare only onto the self-storage facility and must be of sufficient intensity to discourage vandalism and theft. Said lighting and glare shall be deflected, shaded, and focused away from all adjoining property.

2. No outdoor storage shall be permitted.

3. Signs that do not identify the nature of the self-storage facility shall not be permitted on the premises. All signs shall be in accordance with Chapter 9.40 BGMC, Signs.

4. No door openings for any storage unit shall be constructed facing any residentially zoned property or street frontage, unless screened by a fence or wall of no less than six feet in height in accordance with subsection (C)(1) of this section.

5. Internal driveway aisles shall be a minimum width of 26 feet. The access width shall be increased to 28 feet when proposed buildings, or portions of buildings, are more than three stories high or more than 35 feet in height. A 32-foot center line turning radius is required at each change of direction in vehicle travel regardless of the required width. All internal drives and parking areas shall be surfaced with asphalt, concrete, or other hard-surfaced, dustless material and so constructed as to provide adequate drainage both on site and off site.

6. A security alarm system shall be installed to monitor operation of the self-storage facility and shall remain operative 24 hours a day. (Ord. 806 § 1, 2007).

9.20.150 Single room occupancy (SRO).

A. Applicability. The provisions of this section apply to single room occupancy residential units (SROs) as defined in Chapter 9.04 BGMC, Definitions, and where permitted pursuant to BGMC 9.12.030, Permitted land uses, Table 9.12A: Commercial Land Use Matrix.

B. Development Standards. SROs shall comply with the development standards for M-U land use as specified in BGMC 9.10.040, Development standards, as applicable to R-3 land use, BGMC 9.12.040, Development standards, and the following additional special development standards:

1. Location Requirements. An SRO cannot be located any closer than 300 feet from another SRO and no closer than 300 feet from a residential use, public park, or school.

2. On-Site Facilities. Each unit shall have a sink with a garbage disposal and counter surface and a toilet and may include individual showers. Each floor shall have kitchen facilities to include a stove, refrigerator, a microwave oven, and counters. If individual showers are not provided, shared shower facilities shall be provided at a ratio of one per five units.

3. Storage Area. A minimum of 50 cubic feet of secured storage area per unit shall be provided within the building.

4. Security Lighting. Security lighting shall be provided on the building and in parking lot areas. A plan for security lighting shall be submitted for review and approval by the police department and be installed and fully operational prior to occupancy of the facility.

C. Management and Operations.

1. On-site security personnel and an on-site manager shall be present at the facility during all hours of operation.

2. Loitering is prohibited.

3. A management plan shall be submitted for review and approval by the director of community development prior to occupancy and shall address provisions for staff training, neighborhood outreach, security, screening of residents, training programs for residents, and loitering control. (Ord. 851 § 7, 2013).

9.20.160 Cannabis retail – Conditional use.

In addition to compliance with all other state and local statutes, ordinances and regulations, the following regulations shall apply to cannabis retailers where they are permitted by conditional use permit:

A. Location. The following locational requirements shall apply to all cannabis retailers:

1. Use prohibited in the civic center overlay district. A cannabis retail use shall not be permitted within the civic center overlay district (“CCOD”), as indicated on the city’s zoning map, irrespective of the underlying zoning.

2. Use prohibited within the boundaries of the Interstate 710 (I-710) Freeway to the west, Lubec Avenue to the north, Ajax Avenue to the east (between Lubec Avenue and E. Florence Avenue), Florence Avenue to the south (between Ajax Avenue and Eastern Avenue) and Eastern Avenue to the east (between E. Florence Avenue and Live Oak Street), and from the southwest corner of Eastern Avenue and Live Oak Street due west to the I-710 Freeway, irrespective of the zoning.

3. Proximity to Sensitive Uses. A cannabis retail use shall not be located within a 600-foot radius of a day care center, youth center, school, or park as defined in Chapter 9.04 BGMC, that is existing at the time an application for a conditional use permit is submitted.

4. Proximity to Cannabis Retailers. A cannabis retailer shall not be located within a 500-foot radius of another cannabis retailer that is existing at the time an application for a conditional use permit is submitted.

B. Additional Development and Design Standards for Cannabis Retailers. The following development and design standards shall apply to all cannabis retailers unless more restrictive conditions are imposed as a condition of approval:

1. Parking. A cannabis retail use shall be subject to the “business general” parking requirements, as set forth in BGMC 9.38.050(C)(2).

2. Signage. All signage shall comply with the requirements set forth in Chapter 9.40 BGMC.

3. Windows. Windows facing the street frontage shall be clear untinted glass. Mirrored, reflective, or tinted glass shall only be permitted as an architectural or decorative accent and shall not comprise more than 20 percent of the window.

4. Decorative Railings and Grilles. Decorative railings and grilles that are placed in front of or behind windows shall be at least 75 percent open to perpendicular view and no more than six feet in height. Security gates and grilles shall be prohibited on the exterior of any structure.

C. Additional Application Requirements. Applications for a conditional use permit to permit a cannabis retail use shall also provide the following documentation, in addition to the requirements set forth in BGMC 9.50.030:

1. A signed affidavit stating that upon a conditional approval of the cannabis retail use, that applicant will apply for and obtain a business regulatory permit for cannabis retailer, pursuant to Chapter 5.12 BGMC, prior to commencing operations of the cannabis retail use.

2. A radius map indicating the location of all cannabis retailers, day care centers, youth centers, and schools existing within a 1,500-foot radius of the subject site at the time of application submittal. Radius maps must be generated within 30 days of submittal to the city.

D. Duration. The life of a conditional use permit shall not exceed 18 months from the date of issuance of the first building permit. For the purposes of this section, a “building permit” shall mean a permit issued by the building and safety division for the development of a property or structure, inclusive of demolition; grading; building; electrical, plumbing, or mechanical upgrades; or change of occupancy. An applicant who wishes to obtain an approval for a cannabis retail use in exceedance of 18 months may request a development agreement.

E. Upon consideration of the conditional use permit, the planning commission may also impose additional conditions of approval. (Ord. 934 § 6, 2023).