Chapter 17.92 COMMERCIAL USES

Chapter 17.92
COMMERCIAL USES

Sections:

17.92.010 Adult-oriented businesses.

17.92.020 Alcoholic beverage establishments.

17.92.030 Convenience markets.

17.92.040 Conversion of residential structures to nonresidential uses.

17.92.050 Drive-through restaurants and drive-through services.

17.92.060 Family day care center.

17.92.070 Fueling station/vehicle and equipment services and repair.

17.92.080 Kennels/boarding, commercial.

17.92.090 Massage establishment (accessory).

17.92.100 Outdoor dining (accessory).

17.92.110 Outdoor display.

17.92.120 Outdoor storage (primary and accessory).

17.92.130 Pawnshops.

17.92.140 Pet daycare.

17.92.150 Smoke shop.

17.92.160 Swap meet, outdoor.

17.92.170 Tattoo/body art/piercing establishments.

17.92.180 Vehicle washing and detailing.

17.92.190 Veterinary hospitals.

17.92.010 Adult-oriented businesses.

(A) Purpose and Intent. The purpose of this Section is to regulate adult-oriented businesses in order to protect the health, safety, and welfare of the community from the harmful secondary effects brought about by the unregulated operation of adult-oriented businesses. These secondary effects include but are not limited to depreciation of property values; increased vacancy rates in residential and commercial areas; increased criminal activity; increased litter, noise, and vandalism; and interference with the enjoyment of residential property in the vicinity of such businesses. The provisions of this Section have neither the purpose nor intended effect of:

(1) Imposing a limitation or restriction on the content of any communicative material;

(2) Denying access by adults to adult-oriented materials protected by the First Amendment to the U.S. or State Constitution; or

(3) Denying access by distributors or exhibitors of adult-oriented materials or entertainment to their intended market.

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

(1) Adult-Oriented Businesses. “Adult-oriented businesses” means any of the following:

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

(b) Adult Bookstore, Adult Novelty Store, Adult Video Store. The term “adult bookstore,” “adult novelty store,” or “adult video store,” as used in this Section, is an establishment that has 20 percent or more of its stock in books, magazines, periodicals or other printed matter, adult-oriented merchandise or of photographs, films, motion pictures, video cassettes, slides, tapes, records, DVD, CD-ROM, or other visual or audio representations or any material in digital format, distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas. An adult bookstore, adult novelty store, or adult video store shall not include mail order businesses or wholesale businesses with no patrons on the premises.

(c) Adult Cabaret. The term “adult cabaret” as used in this Section, means a nightclub, restaurant, or similar business establishment which: (i) features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (ii) features persons who appear seminude; and/or (iii) shows films, computer-generated images, motion pictures, video cassettes, slides, DVD, CD-ROM, or other visual or audio representations or any material in digital format, or other photographic reproductions and 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

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

(e) Adult Motion Picture Theater. The term “adult motion picture theater” means any business, other than a hotel or motel which regularly provides closed-circuit viewing to each individual room as a secondary service to its hotel or motel customers, with the capacity for five or more persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions in which the predominant character and theme is distinguished or characterized by its emphasis on matters depicting or relating to “specified sexual activities,” “specified anatomical areas” or men and/or women in a “state of nudity” or “state of partial nudity” as defined in this Section, are regularly shown. This includes, without limitation, showing any such slides, motion pictures or videos by means of any video tape system which has a display, viewer, screen, or a television set. For purposes of this Chapter, motion pictures receiving up to an “NC17” rating from a generally recognized movie rating organization shall not be deemed to be included in the definition of an adult motion picture theater.

(f) “Adult live entertainment theater” means any place, building, enclosure, or structure, partially or entirely used for “live adult entertainment,” as defined in this Section, performances or presentations characterized by an emphasis on depicting, exposing, displaying, or describing or relating to “specified sexual activities,” “specified anatomical areas” or men and/or women in a “state of nudity” or “state of partial nudity” for observation by patrons or customers therein. “Live adult entertainment” means any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling, or pantomiming, in which the performer(s) expose to public view without opaque covering “specified anatomical areas” or appear in a “state of nudity” or a “state of partial nudity” for any form of consideration.

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

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

(3) Distinguished or Characterized by an Emphasis Upon. As used in this Section, the term “distinguished or characterized by an emphasis upon” shall mean and refer to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films “which are distinguished or characterized by an emphasis upon” the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas.

(4) Establishment of an Adult-Oriented Business. As used in this Section, to “establish” an adult-oriented business shall mean and include any of the following:

(a) The opening or commencement of any adult-oriented business as a new business;

(b) The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business defined herein;

(c) The addition of any of the adult-oriented businesses defined herein to any other existing adult-oriented business; or

(d) The relocation of any such adult-oriented business.

(5) Park. As used in this Section, the term “park” means a park, trail, recreation center, sports complex, golf course, or athletic field within the City which is under the control, operation or management of the City or other public agency.

(6) Religious Institution. The term “religious institution” as used in this Section, is a structure which is used primarily for religious worship and related religious activities.

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

(8) Seminude. As used in this Section, the term “seminude” means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

(9) Specified Anatomical Areas. As used in this Section, “specified anatomical areas” shall mean and include any of the following:

(a) Less than completely and opaquely covered human:

(i) Genitals or pubic region;

(ii) Buttocks; and

(iii) Female breast below a point immediately above the top of the areola;

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

(c) Any device, costume, or covering that simulates any of the body parts included in Subsection (B)(9)(a) or (b) of this Section.

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

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

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

(d) Excretory functions as part of or in connection with any of the other activities described in Subsections (B)(10)(a) through (c) of this Section.

(11) Substantially Enlarged. The term “substantially enlarged” as used in this Section means the increase in floor area occupied by an adult-oriented business by more than 10 percent of its floor area as it existed at the time an adult-oriented regulatory permit was issued for the business.

(1) Location Standards.

(a) An adult-oriented business shall not be established or located in any zone or location except as allowed in the permissions table of the underlying zone and shall not violate any of the following separation standards:

(i) The adult-oriented business is not proposed within 1,000 feet of any other adult-oriented business;

(ii) The adult-oriented business is not proposed within 1,000 feet of any residential use or zone whether in the City, in an adjoining city or unincorporated area; and

(iii) The adult-oriented business is not proposed within 1,000 feet of any park, religious institution, or site used for assembly by a religious organization, school, or primary alcohol use.

(b) The distances set forth above shall be measured as a straight line from the edge of the building of the adult-oriented business to the property line so used without regard to intervening structures.

(D) Review Process. Uses subject to this Section shall be subject to conditional use permit approval pursuant to PMC Chapter 17.22 (Conditional Use Permits) and the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title.

(E) Required Findings for Approval. Notwithstanding the provisions of PMC § 17.22.060 (Required findings for approval), the Review Authority shall approve a conditional use permit for an adult-oriented business if the Review Authority is able to make affirmative findings based on the following criteria:

(1) The proposed use is in compliance with this Section and PMC Chapter 5.04 (Business Regulation), to the extent such standards are not in conflict with the provisions of this Section.

(F) Existing Adult-Oriented Businesses.

(1) Any adult-oriented business lawfully operating on the effective date of the ordinance codified in this Section in violation hereof shall be deemed a nonconforming use.

(2) Any adult-oriented business lawfully operating on the effective date of the ordinance codified in this Section which becomes nonconforming due to the criteria specified within this Title and/or PMC § 5.04.400(I) shall adhere to the provisions of PMC Chapter 17.28 (Nonconforming Uses, Structures and Parcels).

(3) An adult-oriented business lawfully operating as a conforming use shall not be rendered a nonconforming use by the subsequent location of:

(a) A residential use or zone within 1,000 feet of the adult-oriented business; or

(b) A park, religious institution, school, or primary alcohol use, within 1,000 feet of the adult-oriented business. This exemption shall only apply if the adult-oriented business is continuous, which means that interruptions in business operations shall not exceed six months. (Ord. 1603 § 4 (Exh. I), 2023)

17.92.020 Alcoholic beverage establishments.

(A) Purpose and Intent. It is the purpose of this Section to establish specific standards for alcoholic beverage establishments where alcoholic beverages are sold for on- or off-site consumption to ensure that such businesses are appropriately located and operated so as not to pose a significant threat to the public health, safety, peace, and welfare.

(B) Definitions.

“Alcoholic beverage establishment” shall mean an off-sale alcoholic beverage establishment or an on-sale alcoholic beverage establishment. Does not include grocery stores with incidental sales of alcohol for off-sale consumption.

“Alcoholic beverage establishment, existing nonconditional use permit” shall mean an alcoholic beverage establishment that was lawfully operating without a conditional use permit on August 10, 2005.

“Alcoholic beverage establishment, off-sale” shall mean an establishment that sells, serves, or gives away alcoholic beverages for consumption off the premises. Without limitation, this definition includes a liquor store and a convenience market that sells alcoholic beverages.

“Alcoholic beverage establishment, on-sale” shall mean an establishment that sells, serves, or gives away alcoholic beverages for consumption on the premises. Without limitation, this definition includes an eating establishment or bona fide restaurant that sells alcoholic beverages, brewpubs/taprooms/wine bars/micro-distilleries, and breweries/distilleries/wineries (with tasting room). For purposes of this Chapter, if any sale of alcoholic beverages for consumption on the premises is involved, the following uses shall also be considered an on-sale alcoholic beverage establishment: adult cabaret; bar, night club or lounge; billiards and pool hall; and a bowling alley.

Alcohol Sales, Off-Sale. See PMC Chapter 17.16 (Definitions).

Bar/Nightclub/Lounge. See PMC Chapter 17.16 (Definitions).

Bona Fide Restaurant. See PMC Chapter 17.16 (Definitions).

“Break in service” shall mean the closure of an alcoholic beverage establishment for a period of 180 consecutive days.

“High crime area” shall mean a crime-reporting district that has more than 120 percent of the average crimes reported.

“Responsible beverage service training” shall mean a certified training program in responsible methods and skill for selling and serving alcoholic beverages. Such program shall incorporate the Responsible Beverage Service (RBS) Best Practices of the California Department of Alcoholic Beverage Control.

“Specific demand not currently served” shall mean an alcoholic beverage establishment where more than 50 percent of the alcoholic beverage products sold or served are not available within one-quarter mile of the location.

“Substantial change in mode or character of operation” shall mean without limitation that an alcoholic beverage establishment has done any of the following:

(a) Increased its floor area by 25 percent or more;

(b) Increased the floor area principally devoted to alcoholic beverage sales by 25 percent or more;

(c) Converted from a bona fide restaurant to a bar or night club, or any other primary on-sale alcoholic beverage establishment;

(d) A change of its Alcoholic Beverage Control (ABC) License from a Type 20 to a Type 21 or a Type 41 to a Type 47 or Type 48;

(e) Had its ABC License suspended for a period greater than 30 days;

(f) Had a break in service; or

(g) Transferred its alcoholic beverage operations from one premises to another.

(C) Review Process. Uses subject to this Section shall be subject to the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title.

(D) Submittal Requirements.

(1) The applicant shall provide the following information as part of the application for an alcoholic beverage establishment:

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

(b) Where deemed necessary by the Department to complete the City’s review and evaluation of the proposed use, additional information may be required regarding ongoing use of the site, including but not limited to hours of operation, number of employees, provisions for on- or off-site security, and other similar information.

(2) Prior to approving or conditionally approving an alcoholic beverage establishment, in addition to the findings required for the approval type required pursuant to the permissions tables in Divisions 3 through 7 of this Title, the Review Authority shall find that the proposed use is consistent with the purpose of this Section. In making a decision, the Review Authority may consider the following:

(a) Whether the Los Angeles County Sheriff’s Department determines the proposed establishment would be located in a high crime area;

(b) Information in the surrounding area; and

(E) Location Standards.

(1) Alcoholic beverage establishments within the RC, VC, MU, and PF-C zones are not subject to the location standards identified below.

(2) Bona fide restaurants and grocery stores are not subject to the location standards below.

(3) Alcoholic Beverage Establishments.

(a) New alcoholic beverage establishments, except for bona fide restaurants (see Subsection (D)(2) of this Section) shall be separated from existing sensitive and similar uses based on the location standards specified in Table 17.92.020-1 (Location Standards of New Alcoholic Beverage Establishments):

Table 17.92.020-1. Location Standards of New Alcoholic Beverage Establishments
Existing Uses	New On-Sale, Distance from existing use (ft)	New Off-Sale, Distance from existing use (ft)
*Public or Private TK-12 School, Learning/Tutoring Center or Commercial Day Care	500	1,000
Public Parks, Recreation Centers, or Public Libraries	500	500
**Residential Uses	500	500
Existing Bona Fide Restaurants	0	0
Existing Off-Sale Alcoholic Beverage Establishment	0	1,000
Existing On-Sale Alcoholic Beverage Establishment	0	500
Adult-Oriented Business	1,000	1,000

Notes:

* Includes existing school facilities and undeveloped school sites as identified by the applicable school district.

** Includes existing residential uses and areas designated for future residential land uses as specified on the official General Plan land use map.

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

(c) Any alcoholic beverage establishment may apply for modification of the location standards specified in this Section. A request for modification of the location standards shall be submitted in conjunction with the appropriate application for the proposed establishment and shall be reviewed concurrently by the Review Authority. The Review Authority shall approve or deny the request and shall make at least two of the following additional findings:

(i) It will serve a specific demand not currently served within one-quarter mile of the project location;

(ii) It will not adversely affect nearby property; or

(iii) It will not promote community blight.

(F) Development and Operation Standards.

(1) All Alcoholic Beverage Establishments.

(a) All new alcoholic beverage sales activities shall be designed, constructed, and operated to conform to all of the following operational standards:

(i) The activity shall not endanger the public health or safety or create adverse effect to the health, peace, or safety of persons residing or working in the surrounding area;

(ii) The activity shall not result in repeated nuisance activities within the premises or in close proximity of the premises especially in the late night or early morning hours, including, but not limited to, a disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, incidents of battery, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessively loud noises, traffic violations, curfew violations, lewd conduct, or police detentions and arrests; and

(iii) The activity shall comply with all provisions of local, State, or Federal laws, regulations, or orders, including but not limited to those of the ABC, California Business and Professions Code Sections 24200, 24200.6, and 25612.5, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations, or orders. This includes compliance with the requirements of the PMC for issuance of an annual City business license.

(2) Off-Sale Alcohol Sales Establishment.

(a) In addition to any conditions imposed by the Review Authority, off-sale alcohol sales establishments shall comply with the following development standards:

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

(ii) No sale of alcoholic beverages shall be made from a walk-up or drive-in window;

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

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

(v) Alcoholic beverages and nonalcoholic beverages shall be stocked and displayed separately;

(vi) The establishment shall be a member of the “Business Watch Program”;

(vii) Trash areas shall be able to accommodate trash, recycling, and organics collection services in compliance with PMC § 17.85.020 (Refuse and recycling) and State law;

(viii) The exterior of the establishment, including all signs, accessory buildings, and structures, shall be maintained free of litter and graffiti at all times. Graffiti shall be removed within 72 hours of written notice from the City;

(ix) The sales area shall be located so that the clerk and customer are fully visible from the street at the time of the sales transaction;

(x) The cash register and sales area shall be illuminated in a manner that provides clear observation for law enforcement surveillance;

(xi) Establishments shall be prohibited from selling single-serve containers;

(xii) Alcoholic beverages shall not be consumed on the premises;

(xiii) Loitering in the public right-of-way, parking area or in front of adjacent properties shall be prohibited;

(xiv) Window signs shall comply with PMC Chapter 17.88 (Signs), and shall be located in a manner that provides a clear and unobstructed view of the cash register and sales area from the parking area and public right-of-way;

(xv) The establishment shall conspicuously post the following signs:

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

B. Exterior signs stating Penal Code Section 602.1 and PMC Chapter 9.44 (Trespass on Private Property) shall be clearly visible from the parking area of the establishment and shall include the Los Angeles County Sheriff’s Department phone number; and

C. An interior sign stating: “We ID everyone under 30 years of age for alcohol sales.” The dimensions of such sign shall be at least eight inches by 11 inches. The sign shall be provided in both English and the predominant language of the clientele of the establishment;

(xvi) Coin-operated games shall be prohibited;

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

(xviii) A security camera system approved by the Neighborhood Services Department shall be installed on the premises, shall be maintained in proper working order at all times and shall be subject to periodic inspection by the City. The system shall be capable of producing a retrievable image on film or tape that can be made a permanent record and that can be enlarged through projection or other means. Video or digital recordings generated by the system shall be maintained for a minimum of 30 days;

(xix) The establishment shall implement preventative architectural design features, as approved by the Neighborhood Services Department and the Review Authority, to maintain security of the premises. Such features shall control access to the facility, open sight lines, lighting levels, ambient noise levels and circulation patterns;

(xx) Special security measures including but not limited to security guards, door monitors and burglar alarm systems may be required as a condition of approval. This shall be determined on a case-by-case basis upon review by the Director, the Neighborhood Services Department, and the Los Angeles County Sheriff’s Department; and

(xxi) The sale or distribution to the customer of paper or plastic cups in quantities less than their usual and customary packaging shall be prohibited.

(3) On-Sale Alcoholic Beverage Establishments.

(a) In addition to any conditions imposed by the Review Authority, on-sale alcoholic beverage establishments shall comply with the following development standards:

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

(ii) The exterior of the establishment, including all signs, accessory buildings, and structures, shall be maintained free of litter and graffiti at all times. Graffiti shall be removed within 72 hours of written notice from the City.

(iii) Alcoholic beverages shall not be sold for consumption off the premises, unless allowed by State law under the applicable ABC license.

(iv) Alcoholic beverages shall not be consumed in the parking area or other exterior areas. This prohibition shall not apply to City-approved outdoor dining areas that are adequately separated from direct public access or in conjunction with an approved temporary use permit.

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

(vi) The establishment shall be a member of the “Business Watch Program.”

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

(viii) The establishment shall implement preventive architectural design features, as approved by the Neighborhood Services Department and the Review Authority, to maintain the security of the premises. Such features shall control access to the facility, open sight lines, lighting levels, ambient noise levels and circulation patterns.

(ix) Special security measures including but not limited to security guards, door monitors and burglar alarm systems may be required as a condition of approval. This shall be determined on a case-by-case basis upon review by the Director, the Neighborhood Services Department, and the Los Angeles County Sheriff’s Department.

(b) Entertainment, as defined by PMC § 5.04.460 (Entertainment) shall not be conducted, except when approved pursuant to PMC § 5.04.400 (Adult-oriented businesses).

(G) Training Requirement.

(1) Each person who sells or serves alcoholic beverages in any of the following venues shall successfully complete responsible beverage service training. The program shall be completed within 60 days of assuming the position that involves sale or service of alcoholic beverages and shall be periodically completed again not less than once every three years. The training shall be required:

(a) At a temporary use that requires a temporary alcoholic beverage sales permit;

(b) In a new alcoholic beverage establishment; or

(c) In an existing alcoholic beverage establishment that the City has determined has knowingly allowed nuisance activities on the premises.

(2) Records of successful completion of responsible beverage service training shall be maintained on the premises of the temporary use or the alcoholic beverage establishment and shall be presented to City and Los Angeles County Sheriff’s Department representatives upon request.

(3) Alcoholic beverage establishments with 25 or more employees that maintain a corporate policy and training program for the sale of alcoholic beverages, which incorporates the Responsible Beverage Service Best Practices of the Department of Alcoholic Beverage Control, may provide a copy of the corporate policy in place of the training requirement for each employee rather than complete the responsible beverage service training as specified within Subsection (G)(1) of this Section.

(H) Annual Administrative Program Fee. The owner of each alcoholic beverage establishment shall pay an annual administrative program fee to cover the cost of administering an outreach and education program, monitoring and enforcement activities. The amount of the fee shall be established by City Council resolution and may be adjusted as necessary to ensure that revenues collected do not exceed the costs incurred by the City.

(I) Deemed Approved.

(1) All alcoholic beverage establishments that are legally nonconforming uses as of September 2, 2015, shall automatically become deemed approved uses as of the effective date of the ordinance codified in this Title and shall no longer be considered legal nonconforming.

(2) Each deemed approved use shall retain its deemed approved status as long as it complies with the following performance standards:

(a) That it does not result in adverse effects on the health, peace or safety of persons residing or working in the surrounding area.

(b) That it does not jeopardize or endanger the public health or safety of persons residing or working in the surrounding area.

(c) That it does not result in repeated nuisance activities, as defined herein, within the premises or in close proximity to the premises.

(d) That it complies with all provisions of local, State, or Federal laws, regulations, or orders, including, but not limited to, those of the ABC, California Business and Professions Code Sections 24200, 24200.6, and 25612.5, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations, or orders. This includes compliance with the requirements of this Title for an annual City business license.

(e) That its upkeep and operating characteristics are compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

(f) That the establishment is in compliance with the training requirements identified in Subsection (G) of this Section.

(3) The occurrence of any of the following shall terminate the deemed approved status of the alcoholic beverage establishment and require the approval of the appropriate permit pursuant to the permissions tables in Divisions 3 through 7 of this Title in order to continue the alcoholic beverage establishment use:

(a) There is a substantial change in mode or character of operation; or

(b) There is a break in service.

(4) The City shall notify the business owner of each deemed approved alcoholic beverage establishment of the use’s deemed approved status. The notice shall be sent by U.S. First Class Mail and shall include a copy of the performance standards in this Section. The notice shall also provide that the activity is required to comply with all performance standards and that the activity is required to comply with all other aspects of the deemed approved standards. The failure of any person to receive notice given pursuant to this Section shall not affect the deemed approved status of the use.

(5) The Review Authority may review and examine any deemed approved use to ensure that it is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity. If, after review, the Review Authority deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be scheduled.

(6) After scheduling a date for a public hearing, the Director shall notify the applicant and owners of the deemed approved use in question. Such notice shall be sent by certified mail and shall state that the Review Authority will be reviewing the use for possible modification or revocation of its deemed approved status. It shall also state the date, time, and place of hearing. The public hearing shall be conducted, and notice given pursuant to PMC § 17.20.020 (Notification procedures).

(7) The Director shall fully investigate the evidence and prepare a report for consideration by the Review Authority. Upon conclusion of the public hearing, the Review Authority shall render a decision to do one of the following measures:

(a) Find that the use is being conducted in compliance with the terms and conditions of the deemed approved alcoholic beverage establishment and in an appropriate manner and that no action to modify or revoke the deemed approved status of the use is necessary;

(b) Find that the use is not being conducted in compliance with the terms and conditions of the deemed approved alcoholic beverage establishment or in an appropriate manner and that modifications to conditions are necessary; or

(c) Find that the use is not being conducted in compliance with the terms and conditions of the deemed approved alcoholic beverage establishment or in an appropriate manner and that measures are not available to mitigate the impacts of the deemed approved use; upon making this determination, the Review Authority may revoke the deemed approved status of the use and order the operation of the alcoholic beverage use to cease and desist in the time allotted by the Review Authority or obtain the necessary permit approvals pursuant to the permissions tables in Divisions 3 through 7 of this Title.

(8) An appeal of the determination of the Review Authority may be made pursuant to PMC § 17.20.110 (Appeal procedures). (Ord. 1627 § 4 (Exh. A), 2023; Ord. 1603 § 4 (Exh. I), 2023)

17.92.030 Convenience markets.

(A) Purpose and Intent. It is the purpose of this Section to establish specific standards for convenience markets. The intent is to provide for the convenience shopping needs of the surrounding neighborhood while preventing potential negative impacts relating to noise, traffic, visual appearance, health and safety, loitering, alcohol consumption, and blight on the property.

(B) General Standards. In addition to compliance with all other applicable statutes, ordinances and standards, the following location and operation standards shall apply to convenience markets:

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

(2) The site shall not have direct access to a neighborhood street as designated by the General Plan.

(3) All signage shall comply with PMC Chapter 17.88 (Signs).

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

(5) Trash areas shall be able to accommodate trash, recycling, and organics collection services in compliance with PMC § 17.85.020 (Refuse and recycling) and with State law.

(6) All public restrooms shall be accessible only from inside the market.

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

(8) Convenience markets which sell alcoholic beverages shall comply with the standards of PMC § 17.92.020 (Alcoholic beverage establishments). In the event of a conflict between the provisions of this Division and other provisions of this Title, the more restrictive of the provisions shall apply.

(9) The minimum site area shall be 10,000 square feet, unless the convenience market includes the sale of fuel, then the site standards within PMC § 17.92.070(B)(5) shall also apply.

(10) Parking shall be provided pursuant to PMC Chapter 17.87 (Off-Street Parking and Loading).

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

(12) The cashier area shall be equipped with a telephone.

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

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

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

(16) A security height marker shall be installed on all public entrances/exits.

(17) The premises, while open or closed for business after dark, shall be sufficiently lit by the use of interior night-lights.

(18) Window signage shall be limited to no more than 25 percent coverage of window area, provided visibility into the building is maintained as specified within PMC § 17.88.070 (Exemptions to sign permit requirements).

(19) The use of an ultraviolet light shall be required to verify all identification presented.

(20) The establishment shall be required to register in the City Business Watch Program and receive merchant fraud training through the Public Safety Division.

17.92.040 Conversion of residential structures to nonresidential uses.

(A) Purpose and Intent. The purpose of this Section is to provide standards to ensure the orderly transition of areas from residential uses to nonresidential uses, including but not limited to office uses or certain retail uses.

(B) Development Standards. The following standards shall apply to any residential structure converted to a nonresidential use:

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

(2) An existing residential garage constructed to the minimum width and depth standards outlined within PMC Chapter 17.87 (Off-Street Parking and Loading) may be used and counted toward the required on-site parking;

(3) All structures used for commercial or institutional purposes shall be brought into conformance with the applicable standards of the building code, Fire Department, Americans with Disabilities Act, Health Department, or any other applicable City, County, State, or Federal provision;

(4) Setbacks for existing structures may be deemed to meet setback standards for the underlying zone; provided, that if the structures are legally nonconforming, no additional encroachments into setback areas shall be allowed;

(5) The structure shall be connected to a public sewer system; and

(6) Additional landscaping may be required to buffer the nonresidential use from adjacent residential uses at the discretion of the Review Authority.

(7) All applicable lighting and trash requirements of PMC Chapter 17.85 (Utilities and Services) and PMC Chapter 17.86 (Landscaping, Lighting, Walls, and Fences) shall apply.

(C) Special Sign Requirements. Because of the allowed mix of nonresidential uses within an existing residential neighborhood, the following special sign requirements shall apply for as long as residential uses exist within 300 feet of a nonresidential use:

(1) No sign shall be internally illuminated;

(2) No neon lighting shall be allowed;

(3) Monument signs shall not exceed a height of four feet or an area of 32 square feet; and

(4) No window signs shall be allowed other than those required by the City, State, or other agency.

(D) Review Process. Uses subject to this Section shall be subject to minor site plan review approval pursuant to PMC § 17.26.090 (Minor site plan review) and the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title. (Ord. 1603 § 4 (Exh. I), 2023)

17.92.050 Drive-through restaurants and drive-through services.

(A) Purpose and Intent. It is the purpose of this Section to establish specific standards for drive-throughs provided with other commercial uses, including but not limited to drive-through restaurants and financial institutions. The intent is to ensure that such developments do not have negative impacts on traffic, safety, air quality, and visual character of the surrounding area.

(B) Vehicle Reservoir Areas.

(1) In addition to the parking standards established in PMC Chapter 17.87 (Off-Street Parking and Loading), the following vehicle reservoir area requirements apply to drive-through restaurants and drive-through services:

(a) Adequate reservoir capacity for vehicles to enter a facility safely and efficiently shall be provided for all drive-through development projects. Reduced requirements may be allowed when sufficient evidence is provided by a study prepared to the satisfaction of the Review Authority to demonstrate that such a reduction will not impair traffic safety on the site.

(b) The vehicle reservoir area shall accommodate a minimum of five cars for each drive-up or drive-through window in addition to the space required for the vehicle receiving service. The Review Authority may require that the applicant prepare a study and may require additional queueing space pursuant to the study findings.

(c) Each reservoir space shall be a minimum of 12 feet wide and 20 feet long. Reservoir areas shall not block aisles, driveways, or access to parking spaces.

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

(2) Drive-through aisles shall have a minimum 15-foot width on curves and a minimum 12-foot width on straight sections, with a minimum inside turning radius of 15 feet.

(3) Drive-through aisles and structures shall be set back from the ultimate curb face of an adjacent public right-of-way a minimum of 20 feet, or as otherwise determined by the Review Authority.

(4) Drive-through aisles shall be screened with a combination of decorative walls and landscape to a minimum height of 40 inches to prevent headlight glare and direct visibility of vehicles from adjacent streets and parking lots. Any wall shall comply with sight triangle requirements of PMC Chapter 17.82 (Setbacks and Location of Buildings) and shall not be located in a required setback.

(5) Each drive-through entrance and exit shall be at least 100 feet from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least 25 feet from the nearest curb cut on an adjacent property.

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

(7) Other than menu boards, signs for drive-through restaurants and services shall conform to PMC Chapter 17.88.

(8) Drive-through restaurants shall include a minimum 11-foot-wide bypass lane, which allows vehicles already served or other vehicles to navigate around a drive-through lane. A bypass lane shall not include parking spaces. This requirement may be modified or waived at the discretion of the Review Authority where site constraints make a bypass lane infeasible.

(9) No new drive-through restaurant use may be approved if located within 500 feet from an existing or proposed drive-through restaurant use as measured according to PMC § 17.17.020 (Measuring distances).

(D) The location standard described in Subsection (C)(9) of this Section shall not apply if:

(1) A minimum of 50 percent of the products sold at the proposed drive-through restaurant establishment are beverages or are not available at an existing drive-through restaurant establishment within 500 feet of the project location;

(2) The drive-through queuing lane does not impact pedestrian access throughout the development, including but not limited to points of ingress and egress to the development and access to public rights-of-way;

(3) The proposed drive-through restaurant establishment does not require more than 10 vehicle queuing spaces;

(4) The proposed drive-through restaurant establishment is situated on a parcel of at least one acre and is approved concurrently with a larger development; and

(5) The proposed drive-through restaurant establishment will not constitute the fourth drive-through restaurant establishment within a 500-foot radius.

(E) Review Process. Uses subject to this Section shall be subject to the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title. In making the decision for approval of the proposed drive-through, the Review Authority shall consider possible air quality, traffic safety, and visual impacts, as well as consistency with this Section and other applicable provisions of this Title. (Ord. 1603 § 4 (Exh. I), 2023)

17.92.060 Family day care center.

(A) Purpose and Intent. The purpose of this Section is to ensure that family day care center facilities are designed and constructed to provide quality care for children within the community in a safe and nurturing setting, and located where the facility will not be adversely impacted by surrounding land uses.

(B) Development Standards. The following standards apply to any family day care center facility which is established as a primary commercial use or as an accessory use within a religious institution or other social or community facility.

(1) Location.

Table 17.92.060-1. Development Standards for Family Day Care Centers
Adjacent Use	Requirement	Notes
Gasoline pump, underground gasoline storage tank, or any other storage of explosive or hazardous materials	Min. 300 ft	*
Alcohol related use (primary or incidental)	Min. 500 ft	Uses defined by PMC § 17.92.020 (Alcoholic beverage establishments)
Adult-oriented business	Min. 1,000 ft	Defined by PMC Chapter 17.16 (Definitions)
Areas subject to community noise equivalent level (CNEL) of 65 or greater	Family day care centers are prohibited	See General Plan Map Figure 8.4 for details *
Industrial zones	Only allowed as an accessory use to serve employees on the site.	*

Note:

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

(2) Drop-Off Areas. To provide for the safe pickup and delivery of children, drop-off areas:

(a) Shall be provided pursuant to PMC Chapter 17.87 (Off-Street Parking and Loading);

(b) Must be located near the facility entryway, in such a way that children will not have to cross the parking lot or any traffic areas to enter the building;

(c) Must be located and designed so that there shall be no queueing of vehicles on the adjacent street or public right-of-way; and

(d) Should be designed with a one-way circulation pattern, when feasible.

(3) Play Spaces.

Table 17.92.060-2. Development Standards for Play Spaces
Type	Minimum Requirement per Child (sf)	Notes
Outdoor	75	Must be fenced.
Indoor	35

(4) Restroom facilities shall be provided with a minimum of one toilet for every 15 children.

(5) Signage, landscaping, lighting, screening, and trash enclosures shall be provided pursuant to Division 8 (General Development Standards) of this Title.

(C) Review Process. Uses subject to this Section shall be subject to minor site plan review approval pursuant to PMC § 17.26.090 (Minor site plan review) where applicable and the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title. (Ord. 1603 § 4 (Exh. I), 2023)

17.92.070 Fueling station/vehicle and equipment services and repair.

(A) Purpose and Intent. It is the purpose of this Section to establish specific standards for fueling stations/vehicle and equipment service and repair facilities. The intent is to prevent potential negative impacts relating to noise, traffic, visual appearance, health, and safety.

(B) Development and Operation Standards. Uses subject to this Section shall comply with the following standards in addition to all other applicable requirements:

(1) All activities, operations, sales, and storage shall be entirely within an enclosed structure, except the following:

(a) The dispensing of petroleum products, other fuels, EV charging, water, and air;

(b) The provisions of emergency service of minor nature;

(d) Repair may be allowed outside only when conducted within an area that is completely screened from public view.

(2) The cashier location within a fueling station/vehicle and equipment services and repair facility shall provide direct visual access to the pump islands and the vehicle parking adjacent to the islands.

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

(4) All parking, loading, circulation aisles, and pump island bay areas shall be constructed with plain cement concrete.

(5) Site Standards.

Table 17.92.070-1. Development Standards for Fueling Stations/Vehicle and Equipment Services and Repair
Standard	Requirement	Notes
Interior drive aisle width	Min. 30 ft	Width between pump islands
Distance between curb cuts	Min. 150 ft
Driveway width	Max. 36 ft at the sidewalk
Landscaping	Min. 15% of site area	Does not include required setbacks. Must be provided and permanently maintained according to the standards provided in PMC Chapter 17.86 (Landscaping, Lighting, Walls, and Fences) and as required by the Review Authority
Signs	Shall conform to all applicable sign provisions in PMC Chapter 17.88 (Signs)

(6) Parking and Storage.

(a) Outside storage of motor vehicles shall be prohibited.

(b) No vehicles may be parked on sidewalks, parkways, driveways, or aisles.

(d) No used or discarded automotive parts or equipment or disabled, junked, or wrecked vehicles may be located in any required parking space, or in any open area outside the main structure.

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

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

(7) Lighting shall conform to PMC § 17.86.030 (Outdoor lighting).

(8) Restrooms shall only be accessed from the building interior.

(9) Bells or loudspeakers shall be prohibited.

(10) Service and Repair Uses.

(a) Service and repair services shall be limited to minor vehicle repair (as defined in PMC Chapter 17.16 (Definitions)).

(b) Services and repair facilities shall be subject to the development review process specified by the applicable zone.

(11) Distance Requirements. No new fueling station/vehicle and equipment services and repair facility shall be located within 500 feet from another fueling station/vehicle and equipment services and repair facility as measured according to PMC § 17.17.020 (Measuring distances).

(C) Review Process. Uses subject to this Section shall be subject to site plan review approval pursuant to PMC Chapter 17.21 (Site Plan Review) and the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title. (Ord. 1603 § 4 (Exh. I), 2023)

17.92.080 Kennels/boarding, commercial.

(A) Purpose and Intent. It is the purpose of this Section to establish specific standards for commercial kennels/boarding facilities. The intent is to protect the health and welfare of the surrounding residents and citizens in general by preventing potential negative impacts related to odor, noise, traffic, visual appearance, health, and safety.

(B) Development and Operation Standards. Kennels shall be established and operated pursuant to the following requirements:

Table 17.92.080-1. Development and Operation Standards
	Standard
Minimum lot size	Minimum lot size of 20,000 sf in the ER and LDR zones. No minimum lot size for all other zones.
Kennels as accessory use	Allowed on parcels containing a dwelling unit for residence of kennel operator in the ER and LDR zones.
Kennel operation	Must comply with Los Angeles County Animal Control office standards for construction and operation.
Off-street parking for kennels	Minimum 5 spaces Must comply with PMC Chapter 17.87 (Off-Street Parking and Loading)
Kennel signage	Must comply with PMC Chapter 17.88 (Signs)
Disposal of animal waste	Must comply with applicable Federal, State, and local laws.
Location of animal enclosures	Must comply with PMC § 17.89.030(C)

17.92.090 Massage establishment (accessory).

(A) Purpose and Intent. It is the purpose of this Section to establish specific standards for the provision of massage establishments as an accessory use to a primary business. The intent is to provide for limited massage services in conjunction with other specific service and medical uses.

(B) Development and Operation Standards. In addition to all other conditions and restrictions that may be imposed by statute, ordinance, or standard, the following standards apply to massage establishments as an accessory use:

(1) Massage establishments as an accessory use may be provided as follows:

(a) As an accessory use in conjunction with an approved health club, athletic club, gym, hotel, spa, beauty salon, barber shop, suntan parlor, or for the employees of an approved commercial or industrial business, when allowed in the zone where the primary use is allowed.

(b) As an accessory use in conjunction with an approved medical practice, when allowed in the zone where the primary use is allowed.

(2) For the purposes of massage establishments as an accessory use in conjunction with an approved medical practice, massage treatments shall only be provided for medical purposes to patients of that medical practice or patients of a different caregiver, on a referral or prescription basis only. In no event may massage services be provided on a walk-in, self-referral basis.

(3) Massage establishments as an accessory use shall be administered by a licensed massage technician who has a valid business license pursuant to PMC § 5.04.440 (Massage establishments and massage technicians).

(4) The massage establishments as an accessory use shall be incidental to the primary business or business location. The owner of the primary business shall be responsible for the massage activities of all massage technicians employed at the location and shall comply with PMC § 5.04.440 (Massage establishments and massage technicians). (Ord. 1603 § 4 (Exh. I), 2023)

17.92.100 Outdoor dining (accessory).

(A) Purpose and Intent. Outdoor seating areas for dining uses can enhance the pedestrian ambiance of commercial areas and are encouraged. However, reasonable regulation of outdoor dining is necessary to protect the public health, safety, and welfare. The purpose of this Section is to set forth the conditions and requirements under which outdoor dining areas may be allowed to operate by approval of the appropriate Review Authority.

(B) Definitions. An outdoor dining area is a group of tables and chairs and its authorized shade, decorative and accessory devices situated and maintained upon private or public property or upon the public sidewalk in connection with the consumption of food and beverage sold to the public from or in an adjoining restaurant.

(C) Development and Operational Standards. Any outdoor dining area shall be developed and operated in conformance with the following standards in addition to any other applicable standards:

(1) Where Allowed.

(a) An outdoor dining area may be established where allowed by the permissions tables in the underlying zone specified within Divisions 3 through 7 of this Title.

(b) Restaurants, brewpubs/taprooms/wine bars/microdistilleries, and breweries/distilleries/wineries (with tasting room) may be allowed to operate an outdoor dining area; provided, that the use conforms to all applicable codes, laws, and ordinances.

(2) Dining Area Location and Design Requirements.

(a) An outdoor dining area may be located on private property, on the private sidewalk, or public sidewalk subject to Subsection (C)(2)(c) of this Section, only where the sidewalk is wide enough to adequately accommodate both pedestrian traffic and the proposed outdoor seating area. There shall be a minimum of three feet clear distance or 50 percent of the sidewalk width, whichever is greater, free of all obstructions in order to allow adequate pedestrian movement and to comply with ADA requirements.

(b) Any outdoor dining area located on the public sidewalk must be immediately adjacent to and abutting the associated restaurant.

(c) The length of the outdoor dining area shall extend no further than the actual street side or interior property line or tenant space of the associated restaurant.

(d) Any outdoor dining area located within the public right-of-way must also provide proof of sufficient liability insurance to the satisfaction of the City Engineer.

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

(f) No signs are allowed within any outdoor dining area, except for the name of the operating establishment on awning(s) or umbrella valance(s).

(3) Furniture.

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

(b) All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be movable, unless located on private property outside of the public right-of-way. Umbrellas must be secured with a minimum base of not less than 60 pounds. Outdoor amplified music or speakers shall be reviewed at the time of application.

(4) The following additional requirements apply to outdoor dining areas:

(a) The outdoor preparation of food shall be prohibited. The presetting of tables with utensils, glasses, napkins, condiments, and the like shall be prohibited. All exterior surfaces shall be easily cleanable and shall be kept clean at all times by the restaurant operator. Restrooms for the outdoor dining area shall be provided in the adjoining restaurant and the outdoor dining shall be counted in the restroom requirements for the restaurant;

(b) Trash and refuse storage for the outdoor dining area shall not be allowed within the outdoor dining area or on adjacent sidewalk areas with the exception of receptacles for customer trash, and all trash and litter shall be removed as it accumulates. The restaurant operator shall be responsible for maintaining the outdoor dining area, including the sidewalk surface, furniture, and adjacent areas, in a clean and safe condition;

(c) Hours of operation shall be identical to those of the adjacent restaurant, unless reduced by the Review Authority; and

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

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

(D) Review Process.

(1) An outdoor dining area proposed in conjunction with a new restaurant shall be reviewed in conjunction with the application for the related restaurant. An outdoor dining area proposed for an existing restaurant shall be subject to minor modification pursuant to PMC § 17.26.040 (Minor modifications to approved plans).

(2) Any outdoor dining area located in the public right-of-way shall be subject to issuance of an encroachment permit. Any outdoor dining area in which alcoholic beverages will be consumed shall be subject to the provisions of PMC § 17.92.020 (Alcoholic beverage establishments).

(3) In connection with approval of any outdoor dining area, the Review Authority shall determine that the proposed operation meets the requirements of this Section. The Review Authority may impose such conditions in granting such approval as deemed necessary to ensure that the proposed operation will meet the operating requirements and conditions set forth in this Section and to ensure that the public safety and welfare will be protected.

(4) The right to operate an outdoor dining area may be revoked by the Review Authority upon a finding that one or more of the conditions of this Section have been violated, that the outdoor dining area is being operated in a manner which constitutes a nuisance, or that the operation of the outdoor dining area unduly impedes or restricts the movement of pedestrians. (Ord. 1603 § 4 (Exh. I), 2023)

17.92.110 Outdoor display.

(A) Purpose and Intent. It is the purpose of this Section to establish specific standards for outdoor display. The intent is to ensure that such uses are compatible with the surrounding areas by preventing potential negative impacts related to odor, noise, traffic, visual appearance, health, and safety.

(B) Development Standards. Outdoor display shall be subject to the following standards in addition to all other applicable standards and regulations:

(1) Only those goods and services associated with the primary use may be stored, sold, or displayed.

(2) All outdoor display and sales activities that are independent of the primary use shall be considered their own primary use and regulated as such (e.g., seasonal sales as a temporary use requiring a temporary use permit).

(3) Where allowed, such outdoor display areas shall be paved, screened, landscaped, and lighted pursuant to the applicable Sections of this Title.

(4) Hours of operation for outdoor display shall be consistent with the hours of operation for the corresponding primary use.

17.92.120 Outdoor storage (primary and accessory).

(A) Purpose and Intent. It is the purpose of this Section to establish specific standards for primary or accessory outdoor storage. For temporary outdoor storage see PMC § 17.98.020 (Temporary uses). The intent is to ensure that such uses are compatible with the surrounding areas by preventing potential negative impacts related to odor, noise, traffic, visual appearance, health, and safety.

(B) Development Standards. Outdoor storage shall be subject to the following standards in addition to all other applicable standards and regulations:

(1) All on-site areas for outdoor storage as an accessory use are limited to those materials directly used or produced in relation to the functional primary on-site business activity, subject to all storage and screening requirements of this Section and the applicable zone.

(2) Location. Outdoor storage shall not be located within any required front or street side setbacks, parking, circulation, or access areas, or required landscaped areas.

(3) Screening. Primary and accessory outdoor storage areas shall be screened from view from any adjacent public street or freeway, existing or planned residential area/property, or publicly accessible open space area. A wall or fence a minimum of six feet and a maximum of eight feet in height shall be provided around all primary and accessory outdoor storage areas pursuant to PMC § 17.86.040(B). In the AI, HI, and LI zones, screening walls shall be a minimum of eight and maximum of 12 feet in height.

(4) Primary and accessory outdoor storage areas shall be paved, screened, landscaped, and lighted pursuant to the applicable Sections of this Title.

(5) Parking. Parking for permanent outdoor storage as a primary use shall be provided pursuant to PMC Chapter 17.87 (Off-Street Parking and Loading).

(C) Review Process. Uses subject to this Section shall be subject to minor site plan review approval pursuant to PMC § 17.26.090 (Minor site plan review) and the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title. (Ord. 1603 § 4 (Exh. I), 2023)

17.92.130 Pawnshops.

(A) Purpose and Intent. It is the purpose of this Section to establish specific standards for pawnshops to ensure that such businesses are appropriately located and operated in order to not pose a significant threat to the public health, safety, and welfare by curtailing the dissemination of stolen property and facilitating the recovery of stolen property.

(B) Conditional Use Permit Requirement.

(1) No new pawnshop shall be established unless a permit has first been obtained pursuant to PMC Chapter 17.22 (Conditional Use Permits).

(2) In addition to the information required by PMC Chapter 17.22 (Conditional Use Permits), the applicant shall submit a detailed security plan which describes the proposed interior and exterior security measures applicable to the proposed business. The plan shall address issues including but not limited to safes to be installed, alarm systems, deployment of any security personnel, funds transportation measures, hours of operation, shift personnel staffing, CCTV applications, type of loss prevention/crime prevention training provided to employees, and any other applicable measures.

(C) Development and Operation Standards. In addition to any conditions imposed by the Review Authority, pawnshops shall comply with the following development standards:

(1) The pawnshop shall comply with all applicable local, State, and Federal laws.

(2) No person shall obtain a conditional use permit for a pawnshop unless that person first or concurrently obtains a pawnbrokers permit or secondhand dealers permit pursuant to PMC § 5.04.450 (Pawnbrokers and secondhand dealers).

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

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

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

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

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

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

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

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

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

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

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

(14) The premises, while open or closed for business after dark, shall be sufficiently lit by the use of interior night-lights.

(15) Window signage shall be limited to no more than 25 percent coverage of window area, provided visibility into the building is maintained as specified within PMC § 17.88.070 (Exemptions to sign permit requirements).

(16) The use of an ultraviolet light shall be required to verify all identification presented.

(17) The establishment shall be required to register in the City Business Watch Program and receive merchant fraud training through the Public Safety Division. (Ord. 1603 § 4 (Exh. I), 2023)

17.92.140 Pet daycare.

(A) Purpose and Intent. It is the purpose of this Section to establish specific standards for pet daycare. The intent is to ensure that such uses are compatible with the surrounding areas by preventing potential negative impacts related to odor, noise, traffic, visual appearance, health, and safety.

(B) Development and Operation Standards. Pet daycare facilities shall be established and operated pursuant to the following standards:

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

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

(3) Solid fencing, a minimum eight feet in height, shall be provided around all outdoor exercise areas pursuant to PMC § 17.86.040(C).

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

(5) The disposal of animal waste shall be pursuant to applicable Federal, State, and local laws.

(6) The location of any animal enclosures shall be pursuant to development standards of the base zone specified within Divisions 3 through 7 of this Title.

(7) Off-street parking shall be provided pursuant to PMC Chapter 17.87 (Off-Street Parking and Loading); however, in no event shall the number of spaces be less than five.

(8) All signage shall comply with the provisions of PMC Chapter 17.88 (Signs).

(C) Review Process. Uses subject to this Section shall be subject to the approval requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title. (Ord. 1603 § 4 (Exh. I), 2023)

17.92.150 Smoke shop.

(A) Purpose and Intent. It is the purpose of this Section to establish specific standards for retail establishments which sell tobacco/smoking products (as defined in PMC Chapter 17.16 (Definitions)), to ensure that such businesses are appropriately located and operated so as not to pose a significant threat to the public health, safety, and welfare.

(B) Conditional Use Permit Requirements.

(1) No new smoke shop use shall be established unless a permit has first been obtained pursuant to PMC Chapter 17.22 (Conditional Use Permits).

(2) In addition to the information required by PMC Chapter 17.22 (Conditional Use Permits), the following shall be included with the conditional use permit application:

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

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

(1) A new smoke shop use shall be separated from sensitive uses based on the location standards specified below:

Table 17.92.150-1. Location Standards for Smoke Shops
Use	Distance Requirement (ft)
*Public or Private TK-12 School or Family Day Care Center	1,000
Hospitals, Public Parks and Libraries, and Commercial Recreation and Sports	1,000
Existing Smoke Shops	1,000

Note:

* Includes both existing school facilities and undeveloped school sites as identified by the applicable school district; excludes small and large residential care facilities.

(2) For purposes of this Section, measurement shall be made pursuant to PMC § 17.17.020 (Measuring distances).

(D) Development and Operation Standards. In addition to any conditions imposed by the Review Authority, retail sales of tobacco and smoking products shall comply with the following development standards:

(1) The smoke shop shall comply with all applicable local, State, and Federal laws regarding the advertising, display, or sale of tobacco/smoking products.

(2) Only store employees shall have immediate access to the tobacco products, smoking products and/or tobacco/smoking paraphernalia. Any person, business, or smoke shop selling, allowing to be sold, offering for sale or display any tobacco product or smoking product by means of self-service display or by means other than vendor-assisted sales shall be prohibited.

(3) No smoke shop shall sell or transfer a tobacco product, smoking product or tobacco/smoking paraphernalia to another person who appears to be under the age of 27 years, without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under State law, to purchase and possess the tobacco product, smoking product, or tobacco/smoking paraphernalia.

(4) No smoke shop shall allow any person who is younger than the minimum age established by State law for the purchase or possession of tobacco products, to engage or participate in the sale of tobacco products, smoking products, or tobacco/smoking paraphernalia.

(5) No person, business, smoke shop, or other establishment shall sell or offer for sale cigarettes or other tobacco or smoking products not in the original packaging provided by the manufacturer and with all required health warnings.

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

(7) The establishment shall be required to register in the City Business Watch Program and receive merchant fraud training through the Public Safety Division.

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

(9) The exterior of the establishment, including all signs, accessory buildings, and structures, shall be maintained free of litter and graffiti at all times. Graffiti shall be removed within 72 hours of written notice from the City.

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

(11) No person shall commence tobacco retailing until that person first or concurrently obtains a smoke shop’s permit pursuant to PMC § 5.04.480 (Tobacco/smoking product retailer).

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

We ID everyone under 27 years of age for tobacco sales.

The dimensions of such sign shall be at least eight inches by 11 inches. If the predominant language of the clientele of the establishment is not English, then a sign shall also be posted in that language.

(E) Training Requirements.

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

(2) Records of successful completion of responsible tobacco retailing training shall be maintained on the premises and shall be presented to City and Los Angeles County Sheriff’s Department representatives upon request. (Ord. 1603 § 4 (Exh. I), 2023)

17.92.160 Swap meet, outdoor.

(A) Purpose and Intent. It is the purpose of this Section to establish specific standards for outdoor swap meet uses not considered temporary as specified within PMC § 17.98.020 (Temporary uses). The intent of these standards is to prevent potential negative impacts relating to noise, traffic, visual appearance, health, and safety.

(B) Development Standards. Outdoor swap meet uses shall conform to the following standards in addition to all other applicable standards and regulations:

(1) The minimum lot area shall conform with the standards set forth in the applicable zone.

(2) In addition to the required parking area and landscaping setback, additional on-site landscaping may be required to be installed and permanently maintained to reduce visual and noise impacts, as deemed appropriate by the Review Authority.

(3) Parking shall be provided pursuant to PMC Chapter 17.87 (Off-Street Parking and Loading).

(4) All outdoor retail activities shall be screened from public view, public rights-of-way, and less intensive land use districts. Landscaping, screen walls, or other approved means of screening may be used, pursuant to PMC Chapter 17.86 (Landscaping, Lighting, Walls, and Fences).

(5) Areas designated for outdoor swap meets shall be set back a minimum of 20 feet from any regional or crosstown street, or from any adjacent residential designation or use and shall include a minimum of 10 feet of landscaping.

(6) An all-weather ground surface material, including but not limited to asphalt, gravel, or decomposed granite, shall be installed in all areas utilized for outdoor swap meets and related services. Principal walkways shall be surfaced pursuant to Title 24 of the California Code of Regulations. Parking areas shall be surfaced pursuant to PMC § 17.87.090 (Parking design standards).

(7) All signs shall comply with PMC Chapter 17.88 (Signs).

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

(9) Outdoor swap meets shall not include mechanical carnival rides, except with the approval of a temporary use permit pursuant to PMC § 17.26.100 (Temporary use and special event permits) for a specific event or activity.

(10) Outdoor swap meets shall not include the use of amplified sound, except with the approval of a temporary use permit for a specific event or activity pursuant to PMC § 17.26.100 (Temporary use and special event permits).

(11) Permanent sanitary facilities shall be provided on site pursuant to City policies for commercial uses.

(12) On-site lighting shall be installed pursuant to PMC § 17.86.030 (Outdoor lighting).

(13) Trash areas shall be able to accommodate trash, recycling, and organics collection services in compliance with State law.

(14) Outdoor swap meets shall conform with all local, State, and Federal requirements.

17.92.170 Tattoo/body art/piercing establishments.

(A) Purpose and Intent. It is the purpose of this Section to establish specific standards for tattoo/body art/piercing establishments to ensure that such businesses are appropriately located and operated so as not to pose a significant threat to the public health, safety, and welfare.

(B) Conditional Use Permit Requirements.

(1) No tattoo/body art/piercing establishments use shall be established unless the appropriate approval has first been obtained pursuant to the permissions tables in Divisions 3 through 7 of this Title.

(2) In addition to the information required for the permit pursuant to Division 2 (Review Procedures), the following shall be submitted with the application:

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

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

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

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

Table 17.92.170-1. Development Standards for Tattoo/Body Art/Piercing Establishments
Existing Uses	Distance Requirement (ft)
Other Tattoo/Body Art/Piercing Establishments	500
*Public or Private TK-12 School or Family Day Care	500
Public Parks and Recreation Facilities, Public Libraries, or Trails, Excluding Bike Lanes	500
On-Sale Alcoholic Beverage Establishments	500

Note:

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

(2) For purposes of this Section, measurement shall be made pursuant to PMC § 17.17.020 (Measuring distances).

(D) Development Standards. In addition to any conditions imposed by the Review Authority, tattoo/body art/piercing establishments shall comply with the following:

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

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

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

(4) No tattoo or body piercing shall be performed without first obtaining “informed consent” from a client, as required by the County of Los Angeles Department of Public Health.

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

(6) Amplified sound, loud music, shall not be audible outside of the premises.

(7) The establishment shall be required to register in the City Business Watch Program and receive merchant fraud training through the Public Safety Division.

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

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

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

We ID everyone under 27 years of age for any request for our services.

The dimensions of such sign shall be at least eight inches by 11 inches. If the predominant language of the establishment’s clientele is not English, then a sign shall also be posted in that language. (Ord. 1603 § 4 (Exh. I), 2023)

17.92.180 Vehicle washing and detailing.

(A) Purpose and Intent. It is the purpose of this Section is to establish specific standards for vehicle washing and detailing facilities. The intent is to ensure that vehicle washing and detailing facilities are designed and located in a manner that minimizes impacts to adjacent uses, aesthetic impacts, and ensures compatibility with the surrounding uses and neighborhood.

(B) Development and Operation Standards. Any vehicle washing and detailing establishment shall be developed and operated in conformance with the following standards in addition to any other applicable standards:

(1) The vehicle washing and detailing use shall only operate between the hours of 7:00 a.m. to 9:00 p.m. daily unless otherwise approved by the Review Authority.

(2) Noise generated by a vehicle washing and detailing use shall not impact existing or future adjacent residential uses pursuant to the Palmdale General Plan Noise Element. Acoustical studies and manufacturer’s data and information may be requested by the Director as needed to demonstrate compliance with this requirement.

(3) Vehicle washing and detailing uses shall utilize a water recycling system incorporating best management practices (BMPs).

(4) Vehicle washing and detailing tunnels shall be designed so that the exiting service bay, typically containing the drying equipment, does not face residentially designated property or residential uses.

(5) All security lighting, site lighting, or illuminated signage shall comply with all standards of this Title and shall be designed and/or directed so as not to adversely impact adjacent residential areas.

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

(7) Outdoor waxing, buffing, detailing, and engine steam cleaning shall be screened from the public right-of-way.

(8) The applicant shall provide a floor plan identifying the areas utilized for retail sales. All proposed retail sales shall comply with the applicable requirements of this Title.

(9) No video or arcade games shall be located on the premises.

(10) The premises shall be kept in a neat and orderly condition at all times.

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

(12) All public restrooms that are provided shall be accessible only from inside the customer waiting area. (Ord. 1603 § 4 (Exh. I), 2023)

17.92.190 Veterinary hospitals.

(A) Purpose and Intent. This Section establishes standards for the development and operation of veterinary hospitals, in order to protect the health and welfare of adjacent residents by preventing potential negative impacts related to odor, noise, traffic, visual appearance, disposal of wastes, or other aspects of such business.

(B) Development and Operation Standards.

(1) The following standards shall apply to any veterinary hospital established in the City:

(a) Off-street parking facilities shall be provided as required by PMC Chapter 17.87 (Off-Street Parking and Loading). In no event shall the number of parking spaces provided be less than five;

(b) All signage shall comply with the provisions of PMC Chapter 17.88 (Signs);

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

(d) The buildings and equipment on the premises shall be kept in a clean and sanitary condition at all times; and

(e) All small animal care and, to the extent feasible, large animal care, shall be conducted within an enclosed and sound-controlled building. All animal enclosures shall be located pursuant to the provisions of PMC § 17.89.030(C).

(2) The following standards shall apply to veterinary hospitals established in the ER and LDR zones:

(a) No hospital shall be established on a parcel containing less than five gross acres;

(b) Veterinary hospitals shall be allowed only as an accessory use on parcels which contain a dwelling unit in which the veterinarian resides; and

(3) The following standards shall apply to veterinary hospitals allowed in zones other than ER and LDR zones:

(a) The practice shall be limited to small animals and shall include only dogs, cats, and other household pets;

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

(c) Landscaping, screening, and other aspects of the development shall conform with the applicable standards of Division 8 (General Development Standards) of this Title.