Hawaiian Gardens City Council
December 11, 2024

USES PERMITTED IN MIXED-USE ZONES
Land Use MU-1 MU-2
Parking structure P P
Pawn shops C C
Pest control M M
Pet shop, sales/services P P
Pharmacies P P
Photo studio P P
Public bathhouse C C
Real estate office (temporary, less than 2
years)
M M
Real estate office (permanent, more than 2
years)
P P
Recycling centers C C
Relocatable buildings T T
Restaurants P P
Retail stores P P
Sales of general merchandise P P
Satellite dishes and antennas for
commercial use
C C
Self-storage facilities/mini warehouses C C
Sidewalk sale or parking lot sale T T
Sing-along or karaoke bars M M
Solar apparatus/solar energy system P P
Spas (commercial) C C
Swap meets/flea markets (temporary or
permanent)
C C
Swimming pools, spas, hot tubs, and
cabanas
P P
Tattoo parlor C C
Telecommunication towers C C
Temporary outdoor event T T
Trailer sales and storage X X
ATTACHMENT “C” / EXHIBIT 3

USES PERMITTED IN MIXED-USE ZONES
Land Use MU-1 MU-2
Tree/plant nursery M M
24-hour markets X X
Utility central office switching unit X X
Utility equipment structure M M
Veterinary clinic M M
Video sales and rentals P P
Warehouse club**** C C
Wholesale business X X
Wireless communication facility C C
Yard waste processing center X X
Industrial Uses
Auto painting X X
Auto wrecking and dismantling X X
Basic manufacturing X X
Cabinet making X X
Carpet and tile shop (less than 75% retail
floor area)
X X
Composting facility X X
Contractor yards X X
Food and related products manufacturing X X
Glass manufacturing X X
Glass shop (less than 75% retail floor area) X X
Hazardous waste facilities X X
Industrial services/repair X X
Intermediate manufacturing/assembly X X
Junk yard or salvage yard X X
Machine shop X X
Machinery repair X X
Medical and dental laboratories X X
Metal fabricating/manufacturing X X
ATTACHMENT “C” / EXHIBIT 3

USES PERMITTED IN MIXED-USE ZONES
Land Use MU-1 MU-2
Packaging X X
Plastics manufacturing X X
Printing and related industries X X
Recycling facility X X
Transfer stations X X
Transmission towers (cell sites) C C
Trucking terminal X X
Warehouses and storage buildings X X
Welding shop X X
Wholesale distribution and storage X X
Wood product manufacturing X X
Temporary Uses
Contractor's temporary office T T
Estate sales** P P
Garage sales, yard sales** P P
Real estate office (temporary, less than 2
years)
T T
Temporary housing unit T T
* Subject to regulations of the California Health and Safety Code regarding community care facilities.
** See Section 18.90.150, garage and yard sales.
*** Allowed only if the site is located within the card club overlay zone district and with approval of a site plan review.
**** Not allowed in any zone if the warehouse club would contain more than 130,000 square feet of gross floor area with more than 5,000 linear feet of shelf space, and where at least ten percent of its gross sales revenues would come from non-taxable grocery items. This shall apply to the expansion of existing facilities, as well as to newly constructed facilities.
***** Multiple dwelling structures comprised entirely of SRO units (an SRO development) must have a minimum of 16 such units. SRO developments are subject to the development standards prescribed in this chapter and requirements set forth section 18.50.110.

ATTACHMENT “C” / EXHIBIT 3

USES PERMITTED IN MIXED-USE ZONES
Land Use MU-1 MU-2
****** Child care centers shall be located a minimum of 500 feet from the nearest freeway.

B. Uses not listed in table.

1. Campers, recreational vehicles, trailers, or automobiles shall not be occupied as living quarters in any zone or public right-of-way.

2. Other land uses which are not listed in the table above are not permitted, unless the Community Development Director or the Planning Commission determines that such use is within one of the permitted use categories listed (e.g., principal use, conditional use, etc.).

3. Specifically, the determination of an unlisted use shall be as follows:
a. Director's authority. For uses that are not specifically listed in the above table, the Community Development Director shall determine if the use shall be permitted in a zone. In order to determine that a use is permitted as a principal, conditional, temporary, minor or accessory use within a specific zone, the Director shall make all of the following findings:
i. The proposed use is consistent with the goals and policies of the general plan.
ii. The proposed use is compatible with the purpose and intent of the zone in which it is to be located.
iii. The proposed use will not adversely affect the health, safety, or welfare of residents or other persons in the vicinity of the use.
iv. The use is similar to and no more detrimental than those listed in the same zone.
b. Referral to Planning Commission. Any determination on a proposed unlisted use may be referred to the Planning
Commission as a non-hearing item if the Director determines on a case-by-case basis that the public interest would be better served by such referral.
c. Appeals. Any determination on an unlisted land use may be appealed in accordance with Section 18.100.170 appeals of this Zoning Code. Determinations by the Director may be appealed to the Planning Commission and determinations by the Planning Commission may be appealed to the City Council.

18.55.030 – By-right requirements.

ATTACHMENT “C” / EXHIBIT 3
C. All sites within the MU-1 and MU-2 zones shall comply, where applicable, with the byright requirements of Government Code section 65583.2 established in Chapter

18.110.

D. Sites listed as lower-income sites in the adopted housing element site inventory shall comply with the by-right requirements of Government Code section 65583.2 (h) and (i), including:

6. Permit owner-occupied and rental multi-family uses by-right for developments in which 20 percent or more of the units are affordable to lower-income households;

7. Accommodate a minimum of 16 units per site;

8. Require a minimum density of 20 units per acre;

9. Allow 100 percent residential use in the mixed-use zones; and

10.Require at least 50 percent of the floor area to be for residential uses.

ATTACHMENT “C” / EXHIBIT 3
Chapter 18.60 – NON - RESIDENTIAL ZONES

18.60.005 – Purpose of non-residential zones.

Non-residential zones are designed and intended to support and serve residents of the City with areas for commerce and industry, goods and services, employment, recreation, education, public safety, social and cultural facilities.

18.60.010 – C-2: Downtown commercial zone.

D. Purpose. The purpose of the downtown commercial (C-2) zone is to develop a specific area of the City for small-scale retail businesses, specialty shops, personal service uses, and restaurants that support residents' needs and also cater to a broader subregional market. The downtown commercial zone is intended to accommodate a variety of retail uses within a well-designed environment with a strong pedestrian-oriented character. In order to promote a pedestrian atmosphere, development standards require that new buildings be constructed adjacent to the sidewalk for convenient pedestrian access. The C-2 zone is consistent with the general commercial designation of the General Plan.

E. Permitted uses. Permitted uses in this zone are set forth in Section 18.60.050 of this chapter.

F. Development standards. Development within the C-2 zone shall comply with the following development standards:

C-2 STANDARDS
Residential density 20 - 30 dwelling units per acre
Minimum lot size 5,000 square feet
Minimum lot width 50 feet
Minimum lot depth 100 feet
Maximum lot coverage – parking
provided on-site
70%
Maximum lot coverage – parking
provided off-site
100%
Setbacks
Front None required
Side None required
Side abutting a residential zone 1 foot for each foot the bldg. exceeds 30 feet in height
Rear None required
Rear if lot abuts a residential zone 1 foot for each foot the bldg. exceeds 30 feet in height
Maximum height 45 feet
Minimum distance between buildings 10 feet
ATTACHMENT “C” / EXHIBIT 3
Requirements for parking, landscape, trash enclosures, fences, walls, outdoor storage, etc. and non-residential design guidelines are provided in Chapter 18.70 nonresidential regulations.

18.60.020 – C-4 – General commercial zone.

D. Purpose. The purpose of the general commercial (C-4) zone is to designate areas for office/professional and retail businesses in the City, that support residential areas and provide jobs for area residents. These areas are intended to accommodate a variety of shops for goods and services to serve the needs of the surrounding community. The C-4 zone is consistent with the general commercial designation of the General Plan.

E. Permitted uses. Permitted uses in this zone are set forth in Section 18.60.050 of this chapter.

F. Development standards. Development within the C-4 zone shall comply with the following development standards:

C-4 STANDARDS
Residential density 20 – 30 dwelling units per acre
Minimum lot size 10,000 square feet
Minimum lot width 100 feet
Minimum lot depth 100 feet
Maximum lot coverage 70%
Setbacks
Front None required
ATTACHMENT “C” / EXHIBIT 3
Except where permitted driveways
enter front wall of building
That portion of wall shall be located not
less than 20 feet from front lot line
Side None required
Except where permitted driveways
enter side wall of building
That portion of wall shall be located not
less than 20 feet from side lot line
Side abutting a residential zone 1 foot for each foot the bldg. exceeds 30 feet in height
Rear None required
If lot abuts a residential zone 1 foot for each foot the bldg. exceeds 30 feet in height
Maximum height 45 feet
Minimum distance between buildings 10 feet
Requirements for parking, landscape, trash enclosures, fences, walls, outdoor storage, etc. and non-residential design guidelines are provided in Chapter 18.70 non-residential regulations.

18.60.030 – M-1 – Light industrial zone.

H. Purpose. The purpose of the light industrial (M-1) zone is to provide areas for light industrial, wholesale and manufacturing activities in areas that promote efficiency in street and utility design, separating these uses from residential uses and ensure the availability of adequate public services. The M-1 zone is consistent with the light industrial designation of the General Plan.

ATTACHMENT “C” / EXHIBIT 3
I. Permitted uses. Permitted uses in this zone are set forth in Section 18.60.050 of this chapter.

J. Development standards. Development within the M-1 zone shall comply with the following development standards:

M-1 STANDARDS
Minimum lot size 10,000 square feet
Minimum lot width 100 feet
Minimum lot depth 100 feet
Maximum lot coverage 70%
Setbacks
Front None required
Except where permitted driveways
enter front wall of building
That portion of wall shall be located not
less than 20 feet from front lot line
Side None required
Except where permitted driveways
enter side wall of building
That portion of wall shall be located not
less than 20 feet from side lot line
Rear None required
Except where lot abuts public alley 5 feet
Maximum height 45 feet
Minimum distance between buildings 10 feet
Requirements for parking, landscape, trash enclosures, fences, walls, outdoor storage, etc., and non-residential design guidelines are provided in Chapter 18.70 non-residential regulations.

ATTACHMENT “C” / EXHIBIT 3

18.60.040 – PF – Public facilities zone.

D. Purpose. The purpose of the public facilities zone is to provide for adequate space for public and quasi-public community facilities. These facilities should be conveniently located to serve the needs of the community and protected from intrusion by other land uses. While the zoning map classifies this zone into the different land uses, the same development standards apply to all public and quasi-public uses. The PF zone is consistent with the public and quasi -public land uses of the General Plan.

E. Permitted uses. Permitted uses in this zone are set forth in Section 18.60.050 of this chapter.

F. Development standards. Development within the public facilities zone shall comply with the following development standards:

PF STANDARDS
Minimum lot size 10,000 square feet, except that no
minimum lot size is required for public
parks and open space areas
Minimum lot width 100 feet
Minimum lot depth 100 feet
Maximum lot coverage 70%
Setbacks
Front None required
Except where permitted driveways
enter front wall of building
That portion of wall shall be located not
less than 20 feet from front lot line
ATTACHMENT “C” / EXHIBIT 3
Side None required
Except where permitted driveways
enter side wall of building
That portion of wall shall be located not
less than 20 feet from side lot line
Rear None required
Except where lot abuts public alley 5 feet
Maximum height 45 feet
Minimum distance between buildings 10 feet
Requirements for parking, landscape, trash enclosures, fences, walls, outdoor storage, etc. and non-residential design guidelines are provided in Chapter 18.70 nonresidential regulations.

18.60.050 – Uses permitted in non-residential zones.

B. Uses and structures permitted. The table of permitted uses, below, lists the specific uses and structures which are permitted within each non-residential zone. No use is permitted in a parcel in any zone unless it is in full compliance with applicable standards and regulations, as contained in this Zoning Code. The letters in the columns beneath the zone designations mean the following:

7. P - Permitted as a principal use within the zone.

8. C - Permitted as a principal or accessory use if a conditional use permit is approved.

9. M - Permitted as a principal or accessory use if a minor use permit is approved.

10.T - Permitted as a temporary use with an approved temporary use permit.

ATTACHMENT “C” / EXHIBIT 3

11.X - Prohibited in that district, unless it is a legally established nonconforming use.

USES PERMITTED IN NON-RESIDENTIAL ZONES
Downtown
Commercial
General
Commercial
Light
Industrial
Public
Facilities
Land Use C-2 C-4 M-1 PF
Residential Uses
Accessory dwelling unit X X X X
Apartment (multi-family
rental units)

X X X X
Bed and breakfast inns X C X X
Boarding house X C X X
Condominium (residential) X X X X
Convents/monastery X C X X
Duplex or two-family
dwelling

X X X X
Employee quarters
(manager, caretaker or
proprietor)

X P P X
Factory-built housing X X X X
Group home X X X X
Lodging houses X X X X
Low barrier navigation
centers

P P X X
Manufactured
housing/mobile home

X X X X
Mobile home park* X X X X
Multi-family housing X X X X
Rooming houses X X X X
Second unit X X X X
Senior housing X X X X
Single family unit X X X X
Single room
occupancy******

X P X X
ATTACHMENT “C” / EXHIBIT 3
Townhouses/townhome X X X X
Youth hostels X X X X
Institutional Uses
Administrative government
services

M M M P
Adult day care X C X X
Camping and picnic areas X C X P
Child care center***** X C X P
Churches, convents,
monasteries, other
religious institutions, and
other places of public
assembly

X C X C
Community care facilities X C X X
Community centers,
lodges, social halls

X C X C
Cultural facilities X C X P
Educational facilities,
private

X M X P
Emergency shelters P P X P
Family day care home X X X X
Fire station X C C P
Foster family home X X X X
Game courts (basketball,
tennis, racquetball, etc.)

X C X P
Government buildings X M M P
Head Start facilities X C X C
Health services X P X P
Home-based day care X X X X
Institutional uses (facilities
for treatment of aged
persons, children,
alcoholics, narcotics,

X C X C
ATTACHMENT “C” / EXHIBIT 3
wounded, mentally infirm,
etc.)
Libraries X M X P
Museum X M X P
Nursery school X M X P
Nursing home/rest home X C X X
Parks (community or
neighborhood)

X M X P
Police station X C C P
Post office (terminal) X P P P
Public flood control
facilities

X C C C
Public utilities substation
and facilities

X C C C
Public schools (preschool,
elementary, junior high
and high)

X C X C
Recreation, non-profit X M X P
Social service facilities X P P P
Private trade
school/training school

X M X M
Office/Professional Uses
Administrative/professional
offices

P P X P
Banks P P X X
Clinics X M X C
Financial institutions
(mortgage, real estate,
tax, bookkeeping, credit,
insurance, brokers, etc.)

P P X X
General offices P P P X
Medical and dental offices X P X X
Utility business office P P P X
Commercial uses
ATTACHMENT “C” / EXHIBIT 3
Acupressure clinic X C X X
Adult arcade** X P X X
Adult bookstore** X P X X
Adult business** X P X X
Adult cabaret** X P X X
Adult motion picture
theater**

X P X X
Adult novelty store** X P X X
Agriculture produce stands X C X X
Ambulance service X C C X
Animal hospitals X C X X
Animal raising or breeding X X X X
Antique stores P P X X
Appliance stores/shops X P X X
Athletic clubs, health
clubs, fitness centers

M M X X
Auditoriums X C X C
Auto accessories, without
installation/repair

P P X X
Auto accessory installation X M P X
Auto rental X M X X
Auto repair and painting X M M X
Auto sales (new or used) X M X X
Auto manufacturing X X M X
Automobile service station X M X X
Bakeries P P X X
Bars C C X X
Barbers P P X X
Beauty shop P P X X
Billboards X C C X
Bingo parlors*** X P X X
ATTACHMENT “C” / EXHIBIT 3
Blueprinting and copying
services

P P P X
Book stores P P X X
Bowling alleys X M X X
Branch post office
(accessory use or
freestanding)

P P P X
Building contractor X X P X
Building materials X M P X
Bulk fuel dealers X X C X
Business services X P X X
Buy-back recycling center X M M X
Car wash X C X X
Card club or casino *** X P X X
Carnivals X T T T
Catering services M P X X
Charitable use X P X P
Christmas tree sales X T T T
Clubs and lodges X C X C
Cocktail lounges and bars C C X X
Coffee shops P P X X
Commercial centers under
50,000 square feet

X P X X
Commercial centers over
50,000 square feet

X M X X
Commercial recreation
and entertainment

C C X X
Communication facilities M C M X
Composting facility X X X X
Computer sales and repair P P P X
Contract station post office P P X X
ATTACHMENT “C” / EXHIBIT 3
Contractor's temporary
office

X T T T
Convalescent facility or
home

X C X X
Dance studios P P M X
Dancing halls and discos X C X X
Delicatessen stores P P X X
Department stores P P X X
Dress shops P P M X
Drive-through restaurant C M X X
Drug stores P P X X
Dry cleaners P P X X
Eating/drinking
establishments

P P X X
Electrical shops X M P X
Escort service** X P X X
Fast-food restaurant,
without drive-through

P P X X
Flower shops P P X X
Food stores P P X X
Fortune telling C C X X
Furniture stores P P X X
Garden supplies/building
materials

M P X X
Gasoline stations X C X X
Gift shop P P X X
Greenhouse X C X X
Groceries/food markets P P X X
Hair salons P P X X
Hardware store, without
contractors yard

P P X X
Health center/club P P X P
ATTACHMENT “C” / EXHIBIT 3
Heliport/helistop X C C C
Hobby and craft stores P P P X
Horticulture gardens and
arboretums

X C X P
Hospitals X C X X
Hotels and motels X C X X
Internet café M M X X
Kennels X C C C
Karaoke C M X X
Laboratory X X P X
Landfill X X X X
Laundromat P P X X
Licensed gambling
establishment***

X C X X
Liquor sales and stores C C X X
Mall or retail shopping
center under 50,000 sq. ft.

X P X X
Mall or retail shopping
center over 50,000 sq. ft.

X M X X
Massage parlor X C X X
Massage parlor (with State
license)

P P X X
Miniature golf course X C X X
Mixed use development
(residential and
commercial) *******

P P X X
Mortuary, mausoleum,
columbarium, crematorium

X C C X
Motor vehicle services X P X X
Movie theaters P P X X
Music stores P P X X
Music studios X C X X
ATTACHMENT “C” / EXHIBIT 3
Nail salon P P X X
Night clubs C C X X
Optometrist/optical store P P X X
Outdoor dining M M X X
Outdoor sales M M X X
Outpatient clinical dialysis X P X X
Palm reader C C X X
Park C C X P
Parking lot (public) M M M P
Parking lot (private) M M M X
Parking garage M M M P
Parking structure C C X X
Pawn shops P P X X
Personal services P P X X
Pest control X P P X
Pet shop, sales/services P P X X
Pharmacies P P X X
Photo studio P P X X
Professional services X P X X
Public bathhouse X C X X
Real estate office
(temporary, less than 2
years)

X M X M
Real estate office
(permanent, more than 2
years)

P P X X
Recycling centers X C C X
Relocatable buildings T T T T
Rental/repair services X M P X
Restaurants P P X X
Retail stores P P X X
ATTACHMENT “C” / EXHIBIT 3
Sales of general
merchandise

P P X X
Satellite dishes and
antennas for commercial
use

X C C C
Self-storage facilities/mini
warehouses

X C C X
Service station
(automobile)

X C C X
Shopping center/shopping
mall under 50,000 sq. ft.

X P X X
Shopping center/shopping
mall over 50,000 sq. ft.

X M X X
Sidewalk sale or parking
lot sale

T T T X
Sing-along or karaoke
bars

C M X X
Single room occupancy
(SRO) facility or hotel

X C X X
Solar apparatus/solar
energy system

P P P P
Spas (commercial) X C X X
Supermarket P P X X
Swap meets/flea markets
(temporary or permanent)

X C C X
Swimming pools, spas, hot
tubs, and cabanas

X X X P
Take-out restaurant M M X X
Tattoo parlor C C X X
Tavern C C X X
Telecommunication towers C C C C
Temporary outdoor event T T T T
Trailer sales and storage X C X X
Tree/plant nursery C M X X
ATTACHMENT “C” / EXHIBIT 3
24-hour markets M P X X
Utility central office
switching unit

X M P M
Utility equipment structure X M M M
Veterinary clinic X M X X
Video arcades C C X X
Video sales and rentals X P X X
Warehouse club**** X C C X
Wholesale business X X P X
Wireless communication
facility

X C C C
Yard waste processing
center

X X C X
Industrial Uses
Auto painting X X M X
Auto wrecking and
dismantling

X X X X
Basic manufacturing X X P X
Cabinet making X X P X
Carpet and tile shop (less
than 75% retail floor area)

X X P X
Composting facility X X C X
Contractor yards X X M X
Food and related products
manufacturing

X X P X
Glass manufacturing X X P X
Glass shop (less than 75%
retail floor area)

X X P X
Hazardous waste facilities X X C X
Industrial services/repair X X P X
Intermediate
manufacturing/assembly

X X P X
ATTACHMENT “C” / EXHIBIT 3
Junk yard or salvage yard X X X X
Machine shop X X P X
Machinery repair X X P X
Medical and dental
laboratories

X X P C
Metal
fabricating/manufacturing

X X P X
Packaging X X P X
Plastics manufacturing X X P X
Printing and related
industries

X X P X
Recycling facility X X C X
Transfer stations X X C X
Transmission towers (cell
sites)

X C C C
Trucking terminal X X M X
Warehouses and storage
buildings

X X P X
Welding shop X X P X
Wholesale distribution and
storage

X X P X
Wood product
manufacturing

X X P X
* Campers, recreational vehicles, trailers, or automobiles shall not be occupied as living quarters in mobile home parks.
** Subject to regulations for adult businesses under Title 5 of the Hawaiian Gardens Municipal Code.
*** Allowed only if the site is located within the card club overlay zone district and with approval of a site plan review.
**** Not allowed in any zone if the warehouse club would contain more than 130,000 square feet of gross floor area with more than 5,000 linear feet of shelf space, and where at least ten percent of its gross sales revenues would come from non-taxable grocery items. This shall apply to the expansion of existing facilities, as well as to newly constructed facilities.

ATTACHMENT “C” / EXHIBIT 3
***** Child care centers shall be located a minimum of 500 feet from the nearest freeway.
****** SRO housing must be developed as part of a mixed use development pursuant to the mixed- use development standards set forth in Chapter 18.55. ******* Refer to Chapter 18.55.010 for development standards that apply to mixeduse developments in the C-2 and C-4 zones.

C. Uses not listed in table. Land uses which are not listed in the table above are not permitted in the zones, unless the Community Development Director or the Planning Commission determines that such use is within one of the permitted use categories listed (e.g., principal use, conditional use, etc.). Specifically, the determination of an unlisted use shall be as follows:

4. Director's authority. For uses that are not specifically listed in the above table, the Community Development Director shall determine if the use shall be permitted in a zone. In order to determine that a use is permitted as a principal, conditional, temporary, minor, or accessory use within a specific zone, the Director shall make all of the following findings:
b. The proposed use is consistent with the goals and policies of the general plan. c. The proposed use is compatible with the purpose and intent of the zone in which it is to be located.
d. The proposed use will not adversely affect the health, safety, or welfare of residents or other persons in the vicinity of the use.
e. The use is similar to and no more detrimental than those listed in the same zone. d. Referral to Planning Commission. Any determination on a proposed unlisted use may be referred to the Planning Commission as a non-hearing item if the Director determines on a case-by-case basis that the public interest would be better served by such referral.
e. Appeals. Any determination on an unlisted use may be appealed in accordance with Section 18.100.170 appeals of this Zoning Code.

18.60.060 – By-right requirements.

E. All sites within non-residential zones designated in this chapter shall comply, where applicable, with the by-right requirements of Government Code section 65583.2 established in Chapter 18.110.

F. Sites listed as lower-income sites in the adopted housing element site inventory shall comply with the by-right requirements of Government Code section 65583.2 (h) and (i), including:

11.Permit owner-occupied and rental multi-family uses by-right for developments in which 20 percent or more of the units are affordable to lower-income households; ATTACHMENT “C” / EXHIBIT 3

12.Accommodate a minimum of 16 units per site;

13.Require a minimum density of 20 units per acre; and

14.Require at least 50 percent of the floor area to be for residential uses.

ATTACHMENT “C” / EXHIBIT 3
Chapter 18.70 – NON-RESIDENTIAL REGULATIONS
The purpose of this section is to provide development requirements, including parking, landscaping, trash enclosures, fences, walls, outdoor storage, and non-residential design guidelines for the development of uses within the City’s non-residential zones identified in Chapter 18.60.

18.70.010 – Parking and loading requirements.

The purpose of the parking and loading regulations is to ensure that all land uses provide adequate off-street parking facilities, loading areas, and vehicle movement areas associated with development. The intent of these regulations is to ensure that the use of land does not interfere adversely with the use of and circulation on public rights-of-way, that private on-site circulation does not pose a potential safety problem, and that surrounding uses are insulated from the impacts of off-street parking and loading facilities.

Refer to Chapter 18.55.010.(F) for parking and loading requirements that apply to mixed-use developments in the C-2 and C-4 zones.

C. Applicability.

3. Every land use in the City shall provide permanent off-street parking facilities for vehicles and loading spaces in accordance with the provisions of this section.

4. The minimum standards of this section shall apply to new buildings or uses, proposed additions to or enlargements of existing buildings or uses, and any proposed changes in building occupancy or building use that would require additional parking spaces.

5. For any proposed changes in building occupancy or building use that require additional parking spaces, such additional parking shall be required only for the new use or as approved by the granting authority. An existing legally nonconforming building or use shall not be required to conform to the requirements of this section unless a discretionary approval is required.

6. If the total number of additional parking spaces required to accommodate an enlargement, addition, or change in use under the provisions of this section is more than the total number of existing spaces, then the applicant may apply for a reduction of parking spaces in compliance with subsection G., below.

D. Parking and loading spaces.

5. Number of parking spaces. Required off-street parking spaces for specific uses are listed below and in Section 18.50.010 residential parking and loading requirements. The requirement for a use not specifically mentioned shall be the same as for a specified use which has the most similar traffic and/or parking generation characteristics, as determined by the Community Development Director.

NON-RESIDENTIAL OFF-STREET PARKING REQUIREMENTS
ATTACHMENT “C” / EXHIBIT 3
Use Required Parking
D. Civic Uses

2. Nursery school, day care centers 1 space/staff member plus 1 space/6 children or 1 space/10 children if
adequate drop-off facilities are provided;
drop-off facilities must be designed to
accommodate a continuous flow of
passenger vehicles to safely load and
unload children; the adequacy of drop-off
facilities proposed shall be determined by
the approving authority

9. Convalescent and/or nursing
homes
1 space/4 beds

10.Hospitals 2 spaces/bed

11.Educational institutions, public or
private

12.Elementary and junior high school 1 space/faculty member and employee plus 1 space/20 students

13.Senior high schools 1 space/faculty member and employee plus 1 space/8 students

14.Colleges and vocational schools 1 space/faculty member and employee plus 1 space/2 students

15.Churches, convents, monasteries,
other religious institutions, and
other places of public assembly
1 space/4 seats or 1 space/50 sf when
there are no fixed seats (20 lineal inches
of bench shall be considered 1 fixed seat)

16.Public utilities To be determined by the approving
authority

17.Public service agencies 1 space/250 sf of gross floor area

18.Libraries, public or private 1 space/300 sf of gross floor area E. Office and Professional Uses

1. Administrative and professional
except medical, dental, and related
health services
1 space/250 sf of gross floor area
F. Commercial Uses

1. Shopping centers and general
commercial uses
Less than 5,000 sf in floor area 1 space/250 sf of gross floor area ATTACHMENT “C” / EXHIBIT 3
Between 5,000 sf and 20,000 sf
in
floor area
20 spaces plus 1 space/300 sf beyond
5,000 sf of floor area
More than 20,000 sf in floor area 70 spaces plus 1 space/350 sf beyond 20,000 sf of floor area

2. Eating and drinking establishments
a. Fast food restaurants with
drive-in or drive-through for
at least 8 vehicles when
drive-through is included
1 space/100 sf of gross floor area and an
on-site queue line for 8 cars
b. Take out restaurants 1 space/200 sf of gross floor area c. Full service sit-down
restaurants
1 space/100 sf of gross floor area
d. Bars, pubs and cocktail
lounges
1 space/50 sf of gross floor area

3. Gasoline dispensing and/or
automotive service stations
1 space/250 sf of gross floor area plus 2
spaces per service bay

4. Appliance and/or furniture stores 1 space/500 sf of gross floor area

5. Hotels and motels 1 space/unit; 1 space/employee; 2 spaces for the manager
a. Retirement hotels 0.6space/unit plus 1 space/office

6. Auto, trailer, boat, and/or truck
sales
1 space/250 sf of office gross floor area
plus 1 space/1,000 sf of lot area devoted
for outdoor display and sales plus 2
spaces/service bay

7. Medical and dental offices or
clinics, veterinary offices or clinics
1 space/200 sf of gross floor area

8. Commercial recreation facilities
a. Bowling alleys, billiard halls 4 spaces/alley, 2 spaces/billiard table plus required parking for any other uses on the
site
b. Driving range (golf) 1 space/tee plus required parking for any other uses on the site
c. Miniature golf 3 spaces/hole plus required parking for any other uses on the site
d. Parks (public or private) To be determined by the approving authority
ATTACHMENT “C” / EXHIBIT 3
e. Skating rinks 1 space/100 sf of gross floor area
f. Tennis, handball, and
racquetball
3 spaces/court plus required parking for
additional uses on the site
g. Theaters
(1) Motion picture 1 space/4 seats plus 1 space/employee (2) Playhouse 1 space/4 seats plus 1 space/employee

9. Financial institutions 1 space/250 sf of gross floor area

10.Public assembly 1 space/5 seats plus 1 space/employee

11.Auto repair shops, body and
fender repair shops
1 space/250 sf of gross floor area

12.Car wash
a. Full service 1 space per employee per shift, with a
minimum of 10 spaces
b. Self-service 2 spaces per wash bay

13.Arcades, game and video 1 space/200 sf of gross floor area

14.Dance halls 1 space/7 sf of dance floor area plus 1
space/35 sf of additional gross floor area

15.Clubs, lodges, and halls 1 space/35 sf of gross floor area within the main auditorium plus required parking for
other uses on the site

16.Adult business 1 space/200 sf of gross floor area

17.Beauty parlor, hair salon, nail
salon, tanning salon
2 spaces per station

18.Dry cleaners 1 space/250 sf of gross floor area

19.Laundromats 1 space per 3 washers
D. Industrial Uses

1. Manufacturing 1 space/500 sf of gross floor area devoted to manufacturing plus 1 space/250 sf of
office uses

2. Research and development 1 space/300 sf of gross floor area

3. Storage 1 space/1,000 sf of gross area for the first 20,000 sf devoted to storage plus the
required parking for square footage
devoted to other uses
1 space/2,000 sf for the area in excess of
20,000 sf
ATTACHMENT “C” / EXHIBIT 3
1 space/4,000 sf for area in excess of
40,000 sf

4. Warehousing 1 space/1,000 sf of gross floor area plus 1 space/250 sf of office uses

6. Number of loading spaces. Aside from the required parking spaces, every commercial, industrial or office use shall provide adequate off-street loading areas to accommodate delivery vehicles associated with the use. Loading space requirements are provided in the table below.

NON-RESIDENTIAL OFF-STREET LOADING SPACE REQUIREMENTS
Building Floor Area Required Loading Space
Commercial Uses
Under 15,000 square feet None
15,001 to 45,000 square feet 1 loading space
45,001 to 75,000 square feet 2 loading spaces
75,001 to 105,000 square feet 3 loading spaces
Over 105,000 square feet 4 loading spaces
Industrial Uses
Under 5,000 square feet None
5,001 to 50,000 square feet 1 loading space
50,001 to 100,000 square feet 2 loading spaces
100,001 to 150,000 square feet 3 loading spaces
Over 150,000 square feet 4 loading spaces
Hospitals and Institutions
Under 5,000 square feet None
5,001 to 30,000 square feet 1 loading space
30,001 to 90,000 square feet 2 loading spaces
Over 90,000 square feet 3 loading spaces
Hotels, Motels, Motor Hotels and Office Buildings
Under 5,000 square feet None
5,001 to 40,000 square feet 1 loading space
40,001 to 90,000 square feet 2 loading spaces
ATTACHMENT “C” / EXHIBIT 3
Over 90,000 square feet 3 loading spaces
D. Loading space shall be located to serve the site and building without blocking vehicular movement to a driveway or parking stall.

E. The loading space shall not be permitted in a required off-street parking area.

F. Individual loading space shall be at least ten feet wide and 24 feet long, with a minimum height clearance of 14 feet.

G. All loading docks and doors facing a public street shall be screened from view.

H. Access to the loading space shall not be taken directly from a street.

Maneuvering areas shall not include the street right-of-way.

I. Loading spaces shall be clearly marked with a minimum of three-inch lettering and kept clear and unobstructed at all times when it is not in use.

J. Loading and unloading areas shall be designed in conformance with Chapter

6.47 of the Hawaiian Gardens Municipal Code, urban stormwater mitigation, management and discharge, and applicable NPDES requirements.

K. Handicap accessible parking spaces. Handicap accessible parking spaces shall be provided and constructed in accordance with State Building Code (Title 24 of the California Code of Regulations) and the sign requirements of the California Vehicle Code, Sections 22511.7 and 22511.8. In addition, the following standards shall be implemented:

7. Stacking and waiting lanes. In addition to parking and loading spaces, land uses with drive-in/drive-through facilities such as banks, car washes, fast food restaurants, gas stations, photo-finishing booths, and ATMs shall provide separate stacking and waiting lanes, which do not count toward the required parking spaces. Stacking space for at least five cars at 18 feet each shall be provided.

8. Fractions. If the calculation of required parking spaces results in a fractional number, the fraction shall be rounded up to the next whole number.

9. Mixed occupancies. In case of mixed uses within a building or a lot, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Parking for one use shall not be considered as providing the required parking facilities for any other use, unless specifically allowed under a shared parking arrangement, and complying with the provisions for shared parking below.

10.On-street parking. On-street parking spaces shall not be used in meeting the required off-street parking spaces.

ATTACHMENT “C” / EXHIBIT 3

11.Walkways. Pedestrian access and walkways adjacent to parking spaces shall not count toward required parking spaces.

C. Handicap accessible parking spaces. Handicap accessible parking spaces shall be provided and constructed in accordance with State Building Code (Title 24 of the California Code of Regulations) and the sign requirements of the California Vehicle Code Sections 22511.7 and 22511.8. In addition, the following standards shall be implemented:

1. Handicap accessible parking spaces shall be located on the shortest possible accessible route from adjacent parking to an accessible building entrance. In facilities with multiple accessible building entrances with adjacent parking, handicap accessible parking spaces shall be dispersed and located near the accessible entrances.

2. Handicap accessible parking spaces shall be provided as follows and shall count towards the total parking spaces required:

HANDICAP ACCESSIBLE PARKING SPACES
Total Parking Spaces in the Lot Number of Handicap Accessible Parking Spaces
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 2% of total
Over 1,000 20 plus 1 space per 100 above 1,000
E. Parking layout and dimensions. Parking facilities shall be designed to conform to the following minimum standards:

7. Parking space, drive aisles, driveways, and other parking lot facilities shall have the minimum dimensions indicated below.

REGULAR PARKING SPACE DIMENSIONS
ATTACHMENT “C” / EXHIBIT 3
Space
Angle
Space
Width
Space
Depth
One-Way
Aisle
Two-Way
Aisle*
Width of Space
Parallel to Aisle
0° 10’ 10’ 15’ 20’ 22’
30° 9’ 17’ 10” 12’ 20’ 18’
45° 9’ 20’ 7” 15’ 20’ 12’ 8”
60° 9’ 22’ 18’ 22’ 10’ 5”
90° 9’ 20’ 24’ 24’ 9’
*Wider aisles may be required for fire access and emergency vehicles.

8. Parking spaces parallel to the property line shall not be less than ten feet by 22 feet per vehicle.

9. For angled parking, the minimum distance of the first parking space for angle parking shall be ten feet from the property line.

10.Tandem parking arrangements shall not be considered as meeting the minimum requirements established by this section, unless the development requires more than 500 spaces and a valet parking attendant is on duty during business hours.

11.No more than 20 percent of the required parking spaces shall be compact spaces. All compact spaces shall be marked "Compact" and located as far as possible from buildings. Parking space in excess of those required under this section may be provided as compact spaces. Minimum compact parking space dimensions are provided in the table below.

COMPACT PARKING SPACE DIMENSIONS
Space
Angle
Space
Width
Space
Depth
One-Way
Aisle
Two-Way
Aisle
Width of
Space
ATTACHMENT “C” / EXHIBIT 3
Parallel to
Aisle
0° 9′ 9′ 14′ 20′ 9′
30° 8′ 15′ - 10″ 12′ 20′ 16′
45° 8′ 18′ - 6″ 15′ 20′ 11′ 3″
60° 8′ 19′ - 8″ 18′ 22′ 9′ 2″
90° 8′ 18′ 24′ 24′ 8′

12.Parking spaces shall be striped to clearly show the layout of the parking stalls.

Striping shall be at least four inches in width and shall be maintained in a clear, visible, and orderly manner at all times. Space width shall be measured perpendicularly from center of stripe to center of stripe.

F. Location of parking facilities. Off-street parking facilities shall be located as specified in this section. Where a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking facilities to the nearest point of the building that such facility is required to serve.

4. Parking facilities shall be located on the same property as the use the parking is intended to serve, unless a minor exception is granted by the Community Development Director or the use requiring the parking is located in a parking district and all of the following conditions are met.
a. The parcels containing the use and the off-site parking are under common ownership or appropriate agreements with the property owner of the parking parcel are established prior to approval of the off-site parking facility. b. The parcel to be used for parking is not separated or divided from the building or use it is intended to serve by Carson Street, Norwalk Boulevard, other major highway, Coyote Creek or the Artesia-Norwalk Storm Drain Channel. c. For hospitals, large group homes, institutions, rooming and lodging houses, adult retirement homes, congregate care facilities, and community clubs, parking facilities shall be located no farther than 150 feet from the facility. d. For uses other than those specified above, parking facilities shall be located no farther than 500 feet from the facility.
e. The use of the off-site parcel would not be detrimental to public safety.

G. Driveways. Each required parking space shall be provided with adequate ingress and egress through a paved driveway.

1. Vehicular access.

ATTACHMENT “C” / EXHIBIT 3
h. All uses which adjoin a major highway shall, whenever possible, take access by way of a secondary road. An acceleration/deceleration lane may be required to serve the site if access is from a major highway. i. Access to driveways shall be located so as not to interfere with the traffic flow on adjacent streets.
j. Access driveways across sidewalks or pedestrian ways shall be designed in such a manner as to promote pedestrian safety.

2. Driveways.
a. Driveways shall be at least 24 feet wide for two-way traffic and 12 feet wide for one-way traffic if serving a non-residential use.
b. All driveways shall maintain a vertical clearance of at least ten feet. c. No more than one driveway for every 50 feet of street frontage shall be provided for each parcel.
d. One driveway may serve adjacent uses or abutting properties only if proper easements and agreements are executed and filed with the City and recorded with the County Recorder.
e. Where required for public safety, appropriate entrance, exit and directional signs shall be posted at the driveways and parking areas and maintained by the property owner.
f. Abandoned and unused existing driveway approaches shall be removed and replaced with sidewalk, curb, and gutters in accordance with City standards and at the expense of the lot owner.
g. Fire lanes shall be adequately marked and patrolled to prevent parking and other obstructions.

3. Parking on driveways.
a. "No Parking" signs, with lettering not less than two inches in height, shall be conspicuously placed and maintained at the entrance to a driveway and at every 50 feet.
b. Where the driveway serves more than five parking spaces, no vehicle shall be parked or left on the driveway except for temporary loading and unloading of passengers or goods.

4. Pedestrian access. Internal walkways shall be provided to assure safe access to the building from parking areas, adjacent properties, and public sidewalks.

G. Adjustments to off-street parking requirements. The number of parking spaces required by this section may be reduced in compliance with the following requirements and procedures.

ATTACHMENT “C” / EXHIBIT 3

5. Shared parking. Shared parking may be permitted for non-residential multi-tenant properties only to meet the requirements of this section under the following circumstances:
f. The uses generate parking demands separately such that each use would require parking during hours when the remaining uses are not in operation. g. The minimum number of parking spaces provided shall meet the requirements of the use with the single greatest parking demand, based on a shared parking study prepared by the applicant and based upon established standards such as the ITE Parking Manual and the ULI Shared Parking Methodologies.
h. Shared parking arrangements for commercial centers and industrial developments shall be permitted subject to the following provisions:
i. The uses sharing the parking facilities shall be located on the same or contiguous lots.
ii. A 25 percent reduction in parking may be allowed if the combination of uses in the same building or premises will not necessitate the provision of the number of parking spaces that would be required if the uses were developed independently.
iii. All parties sharing parking facilities shall sign a shared parking agreement, subject to approval by the City Attorney and the Community Development Director, which shall be recorded with the County of Los Angeles Recorder's office. The agreement shall continue to be valid upon change of ownership of the property subject to the agreement or any lawfully existing building or structure on said properties.
iv. Shared parking arrangements shall be authorized by a minor use permit issued by the Community Development Director for the use for which the parking is provided.
v. The parcel to be used for shared parking is not separated or divided from any building or use it is intended to serve by Carson Street, Norwalk Boulevard, other major highway, Coyote Creek or the ArtesiaNorwalk Storm Drain Channel. vi. For hospitals, large group homes, institutions, rooming and lodging houses, adult retirement homes, congregate care facilities, and community clubs, shared parking facilities shall be located no farther than 150 feet from the farthest facility or use.
vii. For uses other than those specified above, shared parking facilities shall be located no farther than 500 feet from the farthest facility or use.

ATTACHMENT “C” / EXHIBIT 3
viii. The shared parking facilities shall not be detrimental to public safety.

6. Parking management plan. When a parking management plan to mitigate impacts associated with a reduction in the number of required off-street parking spaces is required by this section, the parking management plan shall include the following applicable parking management mechanisms:
o. Restricting land uses to those that have hours or days of operation so that same parking spaces can be used by two or more uses without conflict. p. Restricting land uses with high parking demand characteristics. q. Restrictions on the number or location of employee parking spaces. r. Securing off-site parking in compliance with Section 18.70.010(E) location of parking facilities.
s. Providing parking attendants and valet parking.
t. Parking area design, including the use of tandem parking and variations on the dimensions normally required by this chapter.

7. Minor exception. The Community Development Director may approve a minor exception to reduce parking requirements by up to ten percent under the following conditions:
c. Change in use. Parking requirements, increased by virtue of a change in use, may be reduced by the Community Development Director when all of the following conditions are present:
i. The structure(s) was designed and intended for nonresidential use; and
ii. The structure(s) was built before the effective date of the current parking requirements.
d. Expansion of structure area. Parking requirements, increased by virtue of an expansion of structure area may be reduced with the approval of a minor exception when all of the following conditions are present:
i. No substantial change in use or intensification is involved. That is, the expansion is in relation to the existing lines or types of merchandise carried or service provided and no new product lines or types of merchandise or services are being added as a result of the expansion; ii. The increase in floor area does not exceed 25 percent of the existing gross floor area;
iii. The probable long-term occupancy of the structure, based on its design, will not generate additional parking demand; and iv. The structure or structures were originally built before the effective date of the current parking requirements.

ATTACHMENT “C” / EXHIBIT 3
H. General requirements.

1. Off-street parking facilities for a specific building or use shall not be applied towards the minimum parking requirements for other buildings or uses.

2. All off-street parking areas, driveways, and driving aisles shall be paved, striped, and marked to clearly define access lanes, parking spaces and internal circulation, in accordance with adopted City standards. Such surfacing shall be designed, constructed, and maintained to prevent surface water ponding.

Drainage of runoff shall not be allowed across public sidewalks. Every three years, all parking areas and drive aisles shall be slurry sealed.

3. Driveways and parking areas shall be surfaced and improved with Portland concrete cement or asphaltic concrete and maintained in good serviceable condition at all times.

4. All off-street parking facilities shall be kept clean and free of dust, mud, or trash on a regular maintenance schedule. Where landscaping is provided, adequate irrigation and maintenance shall be provided.

5. Fuel station pump islands shall not count as required parking.

6. Bicycle or motorcycle parking stalls shall not count as required parking spaces.

7. Bumpers, wheel stops, stall markings, and other vehicular controls are required for off-street parking facilities serving uses other than single family residential as set forth in the City of Hawaiian Gardens' Public Works Standards. Planting aisles may be used in lieu of bumpers or wheel stops at the discretion of the Community Development Director. Vehicles may overhang in a landscaped planter box, provided that the encroachment does not exceed one foot.

8. Parking areas shall be separated from an adjacent street or alley by a fence or a concrete curb not less than five inches in height. Curbs shall be installed a minimum of four feet from any wall, fence, building, street, alley, right-of-way or other structure. The minimum standard curb radius shall be six feet at all aisle corners. Concrete curbs shall also be installed along the borders of parking areas, driveways, loading areas and similar facilities where they abut landscaped areas.

9. Lighting of open parking areas shall be cut-off lighting directed toward the parking surface to avoid light and glare impacts to adjacent properties.

10.If off-street parking facilities for an existing use do not conform to the minimum requirements of this section, the use will not be considered a nonconforming use pursuant to Section 18.100.130 nonconforming uses and structures.

11.Required parking spaces and areas shall be maintained for the duration of the use requiring such areas.

12.Required parking spaces shall not be placed in front of entry points or doorways.

ATTACHMENT “C” / EXHIBIT 3

13.Parking areas for five or more vehicles and abutting a residential zone shall be separated from the residential lot by a six-foot high solid masonry wall. The wall along the front yard area of the adjacent lot shall be no more than 42 inches high.

I. Use of parking areas.

1. Required parking and loading spaces and areas shall not be used for the sale or display of goods and services, or for the sale, display, or repair of motor vehicles.

2. Temporary use of parking areas for special events or sales may be permitted subject to the conditions of the temporary use permit for the temporary use.

3. All required off-street parking spaces shall be designed, located, constructed and maintained so as to be fully and independently usable and accessible at all times during business hours.

4. No owner or tenant shall lease, rent, or otherwise make unavailable to intended users any off-street parking spaces required by this title.

5. All non-residential off-street parking facilities shall be used for the purpose of parking temporary vehicles used only by employees or patrons of the facility. Any parking reconfiguration or use shall be approved by the Community Development Director. No parking facilities shall be rented or leased for any purpose unless approved by the Community Development Director.

J. Parking districts.

7. Establishment of parking districts. The City Council may establish parking districts that are intended to:
a. Address the parking needs within a designated area on an area-wide basis rather than on a parcel-by-parcel basis;
b. Establish parking management programs to achieve the most efficient use of available parking facilities within a designated area;
c. Reduce traffic congestion and parking shortages; and d. Encourage common and joint use parking facilities.
e. Required parking spaces and areas shall be maintained for the duration of the use requiring such areas.

8. In-lieu fee required. Within parking districts established by the City Council and shown on the zoning map, off-street parking requirements for nonresidential uses may be satisfied by payment of an in-lieu parking fee established by the City Council. Payment of the in-lieu fee shall be made before issuance of a building permit or a certificate of occupancy.

9. Use of revenue. Fee revenue shall be used to provide public parking lots in the vicinity of the uses paying the in-lieu fee.

18.70.020 – Landscaping and screening.

ATTACHMENT “C” / EXHIBIT 3
The purpose of this section is to provide landscaping and buffering guidelines to improve the aesthetic appearance of the City and to promote compatibility between land uses. In addition, this section encourages the use of water efficient techniques in the design and maintenance of landscaping, promotes the safety of pedestrians and motorists, and enhances the distinctive character of the City. This section shall apply to all new projects, additions and existing properties. Refer to Chapter 18.55.010 (H) for landscaping and screening requirements that apply to mixed-use developments in the C-2 and C-4 zones.

B. Landscaping standards.

2. Landscaped area. At least ten percent of the project site shall be landscaped, which may include parking lot areas and required setback areas.

9. Landscape design. All open areas within a project site including required setback areas, excluding parking areas and driveways, shall be landscaped with sod, shrubs, and trees. A minimum one tree shall be installed for every 200 square feet of landscaped area. A combination of 24- and 36-inch box evergreen trees shall be used.
a. Landscape designs shall consider such factors as the function of the landscape elements, compatibility to the area, consistency with the building and its architectural design.
b. The plant material selected shall be suitable for the given soil and climate conditions and shall be in accordance with the City's standard plant material palette, as approved by the Community Development Director. c. The landscape plan shall incorporate measures for the preservation of existing mature trees on site, as feasible. The area under the drip line of existing trees which are to be saved shall be fenced during construction to protect the trees from damage and to prevent soil compaction, along with other tree protection measures as necessary.
d. Yard areas and all unpaved open areas shall be landscaped with sod, trees and/or shrubs.

3. Installation of required landscaping. All required landscaping shall be installed prior to the issuance of a certificate of occupancy from the Building and Safety Division.

4. Safety. Trees and shrubs shall be planted in a manner that at maturity they do not interfere with utility lines, sight lines for traffic safety or encroach on adjacent property.

5. Irrigation of landscaping. All landscaped areas shall include an automation irrigation system approved by the City that provides adequate coverage and irrigation. Water runoff into the public right-of-way is prohibited. Efficient water conservation systems such as drip irrigation systems are encouraged.

ATTACHMENT “C” / EXHIBIT 3

6. Maintenance guarantee. The owner or responsible person of the development project is responsible for maintaining or assuring the ongoing maintenance of installed landscaping so that the landscaping continues to thrive. This shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary and application of appropriate quantities of water to all landscaped areas. In addition, landscape maintenance practices which foster long term landscape water conservation shall be employed.

B. Parking lot landscaping.

1. Requirement. All landscaped areas shall be continuously maintained. The landscape areas shall include at least one tree per 200 square feet, under planted with groundcover. A combination of 24- and 36-inch box evergreen trees shall be used. Landscaping fingers at least four feet in width shall be provided for every ten parking stalls within any parking row. Where double rows of parking are provided, diamond or island planters shall be provided at an interval of one planter for every ten pairs of parking stalls.

2. Street frontage. For commercial developments, a landscape strip a minimum of five feet wide shall be provided along the street frontage of a parking lot in compliance with subsection D., below.

3. Planting bed requirements. The planting bed shall have a width of no less than four feet, a minimum area of 24 square feet, and be bounded by a concrete curb or equal, having a height of six inches. The dimensions of the concrete curb shall not count toward the required area requirements for the planting bed.

4. Distribution of landscaping. In complying with the ten percent landscaping requirement, the landscaping shall be distributed throughout the parking areas as evenly as possible.

5. Utilization of additional space. All areas in a parking lot not used for driveways, maneuvering areas, parking spaces, trash or equipment enclosures or walks, shall be landscaped and maintained.

6. Irrigation. Landscape design shall facilitate the implementation of landscape maintenance practices which foster long-term water conservation.

ATTACHMENT “C” / EXHIBIT 3
E. Plant materials. The planted area shall use a combination of trees, shrubs, vines on walls and ground cover/sod/perennials shrubs. Plants selected shall be checked for suitability in regard to eventual size and spread, susceptibility to disease and pests, and adaptability to existing soil and climatic conditions. Landscape design and construction shall emphasize drought-tolerant materials when possible. All landscape materials shall be subject to approval by the Community Development Director for appropriateness and consistency with the objective of water conservation.

1. Trees. Trees shall be a combination of 24- and 36-inch box size at the time of planting.

2. Shrubs. Shrubs shall be a minimum 15 gallons in size at the time of planting.

3. Ground cover. Ground cover shall be used throughout, and be planted at least eight inches on center. At least 50 percent of all landscaped areas containing trees and shrubs shall be underplanted with groundcover, with the remaining areas to incorporate a minimum two-inch layer of compost or mulch.

4. Turf. Sod incorporated into the landscape design shall not constitute more than 25 percent of the total landscaping area. Said turf shall be of a drought-tolerant variety.

5. Location of trees.
a. Trees within a parcel or street trees shall be located and maintained to preserve a clear zone of at least ten feet from fire hydrants, utility poles, overhead utility wires, street light luminaries, and aboveground utility structures such as transformer enclosures.

ATTACHMENT “C” / EXHIBIT 3
b. All trees shall be planted at least five feet from underground utility such as water, storm drain, gas, electric and telephone, and eight feet from sanitary sewer lines.
c. Trees shall not obstruct vision clearance areas.
d. The tree shall be at least three feet from any meter box. e. The tree shall be at least eight feet from driveways. f. Street trees shall be provided within the public right-of-way (ROW) or within a five-foot wide easement behind the ROW. Generally, the tree shall be located approximately three feet behind the curb or sidewalk.
g. Tree wells shall be provided around trees located within the parkway of a public right-of-way.
h. Street trees shall be 40-foot palm trees or other species as approved by the Community Development Director.

6. Number of trees. There shall be a minimum of one street tree for every 25 linear feet of street frontage within or adjacent to the development.

7. Street tree maintenance and replacement.
a. Newly planted trees shall be watered until established and shall be maintained in a flourishing manner. Trees shall be replaced consistent with the City's suggested street tree list.
b. All street trees and parkways shall be watered and maintained by the abutting owner in front of whose property such trees are planted. c. The planting, removal, trimming, pruning of trees in all public parks, parkways and street right-of-way within the City of Hawaiian Gardens shall be maintained by the Public Works Department.

F. Perimeter buffering/screening.

1. Screening requirement. Perimeter buffering, which may include a combination of landscape materials, low level walls and structures, shall be used to screen parking areas, loading areas, and utilities from public view.

ATTACHMENT “C” / EXHIBIT 3

2. Perimeter landscape strip. A landscape strip shall be provided and maintained, except in a required driveway or other access area that is no less than five feet in depth measured horizontally from the front property line adjacent to the public right-of-way. The perimeter landscape strip shall consist of trees, shrubs, groundcover, and/or turf.

3. Buffer areas abutting residential use. A landscape buffer shall be provided and maintained on non-residential sites when the side or rear yard of the parcel abuts a residentially zoned parcel. The buffer area shall be planted with a minimum of one tree per every ten linear feet along the adjacent property line. Tree placement does not have to be linear or equal spacing. Shrubs, groundcover, and/or turf shall be planted to provide 100 percent coverage within one year of planting. Where possible, vines shall be grown onto walls and fences to soften their appearance.

G. Landscape design review. All landscape plans shall be reviewed and approved by the Community Development Director. Plans shall be prepared by a landscape designer.

All quantities, species, and spacing shall be determined by the Community Development Director. Landscape plans are to be designed so as to achieve an immediate effect and shall have at least 75 percent of actual planted area.

18.70.030 – Trash and recycling enclosures.

The purpose of this section is to ensure that all uses in the City are provided with trash receptacles to promote public health and safety, as well as to screen areas used for the storage of trash receptacles from public view. This section shall apply to all new developments, additions and existing properties. Refer to Chapter 18.55.010 (I)(2)(c) for landscaping and screening requirements that apply to mixed-use developments in the C-2 and C-4 zones.

D. Trash receptacles.

5. All waste material, debris, refuse or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such purposes. Each development shall be provided with facilities for the storage and collection of trash.

6. All trash, rubbish, recycling, and garbage receptacles shall be regularly cleaned, inspected and maintained in clean, safe and sanitary conditions.

7. All trash storage shall be located for convenient vehicular access for pick up and disposal.

8. Trash and recycling receptacles shall not be stored within the setback area of a rear or side yard which abuts a public street. If located or placed in such rear or side yard, the receptacles shall be screened from view from such street.

E. Collection areas. Commercial, industrial, and other non-residential developments shall provide on-site collection areas of trash, waste, garbage refuse, and recyclable materials.

ATTACHMENT “C” / EXHIBIT 3

4. Trash collection areas shall be located within 200 feet of the building they are designed to serve.

5. All outside trash and garbage collection areas shall be enclosed by a viewobscuring masonry wall, six feet in height on three sides, so that contents are not visible from any public street or adjacent property.

6. Trash enclosures shall be provided in accordance with the following:
i. Trash enclosures shall have a minimum of 35 square feet in area. The size of the enclosure(s) shall be determined by the Community Development Director, based upon the size and nature of the facility.
j. Trash enclosures shall be six feet high, constructed of concrete blocks and shall have screened gates or doors that are self-closing and latching. k. Trash enclosures shall be provided with a roof.
l. The floor of the trash enclosure shall be a concrete pad which shall extend five feet beyond the opening of the trash enclosure.
m. The gate or door shall be of sufficient width to provide convenient access to the storage area for deposit and removal of wastes, waste bins, and other contents.
n. The trash enclosure shall be provided with a lid or cover if the bins are left open, to prevent windblown trash and debris.
o. Clear visibility for adjacent drive aisles shall be maintained. p. Trash enclosures shall be located so as to minimize disturbance to single family residential development. Trash enclosures shall be at least 50 feet away from any single-family residential zone, unless the adjacent property is undeveloped and the City determines that the setback will not fulfill its intended purpose at the present time.

ATTACHMENT “C” / EXHIBIT 3
q. In accordance with Section 6.47.090 of the Hawaiian Gardens Municipal Code, trash enclosure areas shall not be designed in the path of drainage nor shall roof drainage downspouts discharge into the trash enclosure. r. The disposal of hazardous wastes into trash containers used for municipal trash disposal so as to cause a discharge into the municipal separate storm sewer system (MS4) is prohibited by law.

18.70.040 – Fences, walls, gates, and hedges.

This section outlines the regulations for the design, construction, and maintenance of fences, walls, gates, and hedges for the separation of parcels and property, and as a means of promoting privacy, preventing nuisance impacts on adjacent uses, and promoting community character. All non-residential developments shall be improved with a fence or wall in accordance with the provisions below, except for the front yard setback, which is optional. The property owner shall be responsible for the construction of any walls or fences that occur within their property. The Community Development Director may require that the lot be surveyed by a licensed surveyor for verification of lot lines prior to construction.

Although most walls and fences under six feet in height do not require building permits, property owners are required to submit plans to the Community Development Department for administrative review. This section shall apply to all new projects, additions and existing properties.

Refer to Chapter 18.55.010 (I) for fences, walls, gates, and hedges requirements that apply to mixed-use developments in the C-2 and C-4 zones.

D. Maximum heights.

9. Any fence, wall, gate, or hedge located in the required front yard shall be between a minimum height of 36 inches and a maximum height of 42 inches if made of solid materials or a maximum height of 48 inches if it is a wrought iron fence or combination thereof. Fences or walls adjacent to side and rear property lines shall be six feet in height.

10.Plant materials provided within side and rear yards, which are used for buffering, may exceed eight feet in height, provided that they do not obscure the vision of any driveway approach.

11.The portion of the fence or wall functioning as a retaining wall shall be counted in determining the overall fence or wall height. The height of the wall or fence shall be measured from the finished grade of the adjacent sidewalk.

12.No fence, wall, or hedge located within the rear 20 feet of a through lot shall exceed 42 inches in height.

13.Under no circumstance shall any wall or fence be allowed to exist anywhere on the property that exceeds the height limitations of the respective setback area as described above between the perimeter property line and the face of the building.

ATTACHMENT “C” / EXHIBIT 3

14.The owner of any vacant lot or unoccupied building shall be responsible for keeping such land free of all rubbish, refuse, weeds and debris and enclosed by a six-foot chain link fence around the entire perimeter of the property. The fence shall be installed with the proper top rails and post at the proper intervals. The fence shall be knuckled at the bottom and top to avoid sharp edges. Access gates shall be adequately provided for vehicle entry.

15.All swinging gates shall be prohibited from encroaching into the public right-of-way.

16.If a fence or wall is constructed adjacent to a public street, the fence or wall shall be approved by the Community Development Director in terms of its compatibility and harmony with the proposed building and overall site development.

17.All fences walls and hedges must conform to the vision clearance areas. See Section 18.90.120.

E. Materials.

9. Masonry, wrought iron fencing materials or combination thereof shall be used for fences, walls, or gates. Existing block walls may be salvaged at the discretion of the Community Development Director, provided the wall is repaired and resurfaced with a stucco coating. Chain link fencing is not permitted in the City.

10.Vine-covered walls shall be allowed subject to approval by the Community Development Director.

11.No barbed or razor wire shall be used or maintained as part of any fence, wall, gate or hedge. No sharp point, including glass, shall project from the top of the fence or wall.

12.No salvaged materials, scrap wood, or recycled materials shall be used for fencing or walls. Fencing and walls shall be constructed with all new materials.

13.Existing legal nonconforming fences or walls should be maintained or repaired.

14.All swinging gates shall be prohibited from encroaching into the public right-of-way.

15.Plastic slats may be used as a screening material for existing chain link fences. No other material or fabric may be used for screening or attached on any type of fence in the City.

16.It shall be the applicant's responsibility to eliminate double wall at property lines.

The developer shall make every effort with neighboring parcels to negotiate a new wall and cover all expenses.

18.70.050 – Lighting and security.

This section regulates lighting and security standards for non-residential developments.

The intensity and design of all lighting fixtures shall be reviewed and subject to the approval of the Community Development Director. Refer to Chapter 18.55.010 (H) (3) (i) ATTACHMENT “C” / EXHIBIT 3
for lighting and security requirements that apply to mixed-use developments in the C-2 and C-4 zones.

F. Security lighting. Ample security and safety lighting shall be provided within all portions of the development, including parking lot lighting, step lighting and other illumination necessary to assure safety.

G. Location. The placement of exterior lights shall not direct light into adjacent structures or lots or into vehicular traffic on off-site adjacent roadways.

H. Design. Incorporation of lighting on a building shall emphasize architectural details, materials, surface elements, and/or colors, and avoidance of excessively bright or glaring illumination. All fixtures shall be of the same basic or complementary design to assure visual continuity.

I. Glare. Exterior lighting (except for street lighting and warning, emergency or traffic signals) shall be installed in such a manner that the light source will be sufficiently obscured to prevent glare on public streets and walkways or into any residential area.

J. Shields. Exposed sources of light shall be shielded so as not to create a nuisance across lot lines.

K. Lighting for signs. Light sources and fixtures provided as part of a sign are regulated under Section 18.90.050 signs and advertisements.

18.70.060 – Outdoor storage, display and uses.

The section regulates outdoor storage and the use of yard areas for storage, display, or parking in the non-residential zones. All screening shall be in compliance with Section

18.70.040 and subject to approval by the Community Development Director.

J. Limitation on outdoor uses. All uses shall be conducted totally within an enclosed building or structure, except for those uses that are customarily conducted in the open, including: auto trailer sales areas, car sales area, miniature golf course, service stations, tree/plant nurseries, drive in restaurants, Christmas tree sales, temporary storage of contractor supplies during construction, patio dining, and other uses determined to be similar as approved by the Community Development Director.

K. Front and side yards. No portion of any required front yard or side yard on the street side of a corner lot shall be used for the storage of motor vehicles, trailers, airplanes, boats, or parts of these vehicles, trailers, airplanes, or boats.

L. Equipment. All materials, machinery, and equipment shall be stored within an enclosed building or fully screened so as not to be visible from adjoining or adjacent lots, except for the following: off-street parking of passenger vehicles or pick-up trucks.

M. Recreation vehicles. Recreational equipment shall not be stored on non-residential parcels unless enclosed within a building.

ATTACHMENT “C” / EXHIBIT 3
N. Vehicle storage. Overnight exterior storage of more than ten vehicles or use of more than ten percent of lot area for storage or activities not located within an enclosed building shall require a minor use permit.

O. Mechanical equipment. All mechanical equipment, including air conditioning compressors and similar machinery, located on roof tops or at the ground level shall be completely screened from view by an enclosure constructed of permanent, noncombustible materials that is consistent with the architectural design and color of the adjacent building. All such equipment shall be maintained in a clean and proper condition, to prevent the collection of litter and debris and to avoid emission of unnecessary noise, dust, or fumes. Refer to Chapter 18.55.010 (I) (2) (b) for enclosure requirements related to utility and mechanical equipment that apply to mixed-use developments in the C-2 and C-4 zones.

P. Building materials. No portion of any property shall be used for storage of building materials, except when required for ongoing construction pursuant to a valid building permit issued by the City.

Q. Service station vehicles. Vehicles and equipment shall not be stored outside of a building when the repair service portion of a service station is not open for business.

R. Outdoor display. Outdoor display of for rent or sale vehicles, equipment, garden supply, or building materials are not permitted in non-residential zones. An exception would be the private sale of a vehicle.

1. A building not less than 300 square feet of floor area shall be provided in the same parcel or adjacent parcel.

2. Display materials shall be set back five feet from the street and shall not be located within required parking areas.

3. Areas used for display shall be surfaced with two inches of black top or other hard pavement.

S. Painting. Painting (except color matching) and sandblasting shall not occur in the open unless properly screened.

T. Repair and construction activities. Outdoor maintenance activities shall occur only from 7:00 a.m. to 10:00 p.m. Monday to Saturday. No construction allowed on Sunday.

U. Containers. Containers, trash bins, and other storage containers used for outdoor storage shall be subject to the following standards:

1. No more than one container is allowed on any one parcel.

2. Containers shall not be used for outdoor storage for more than 30 days.

3. Use of containers shall be subject to approval of a temporary use permit by the Community Development Director.

ATTACHMENT “C” / EXHIBIT 3

18.70.070 – Height of structures.

D. Height of buildings. No penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment, towers, steeples, or other structures shall exceed the height limit provided in this title.

E. Height of structures. Flagpoles, HVAC equipment, elevator shafts, chimneys, and smokestacks shall not extend more than ten feet above the height limit specified in this title, provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances.

18.70.080 – Property maintenance.

This section outlines the regulations relating to the maintenance of private property in the City, so as to protect the public health, safety and welfare and to create and maintain a livable community.

D. Property owner responsibility.

5. Every owner, lessee, occupant or person having charge of property within the City is required to maintain such property in a manner so as not to create any hazard to the health, safety and welfare of the public or to violate the provisions of this section.

6. No use or activity shall create any amount of heat, humidity, blowing or vented air or gases that can be detected in amounts deemed annoying to an average person at the property line, unless a solid fence shields the source sufficiently from the adjoining lot.

7. All uses shall be conducted totally with an enclosed building, except for those uses which are customarily conducted in the open, as determined by the Community Development Director.

8. The owner, lessee, occupant or person having charge of property remains liable for violations hereof regardless of any contract or agreement with any third party regarding such property. The duty imposed by this section on a property owner shall in no instance relieve those persons herein referred to from the similar duty.

E. Classification of nuisances. The following acts and conditions when performed or existing upon any lot or parcel of land within the City are declared to be unlawful and are defined as and declared to be public nuisances which are injurious or potentially injurious to the public health, safety and welfare, which have a tendency to degrade the appearance and property values of surrounding property or which cause damage to public rights-of-way:

16.Structures or buildings, both permanent and temporary, or other lot improvements, which are subject to any of the following conditions:
i. Faulty weather protection including, but not limited to, crumbling, cracked, missing, broken, or loose exterior plaster or other siding, roofs, windows, ATTACHMENT “C” / EXHIBIT 3
doors, or unpainted or deteriorated surfaces causing unsightliness, dry rot, warping or termite infestation, structures covered with temporary tarps. j. Buildings or structures which are not completed and left unfinished within six months of the set construction schedule and for which the permit for such construction has expired.
k. Unoccupied buildings which have been left unlocked or otherwise open or unsecured from intrusion by persons, animals or the elements or which are boarded up by a method or materials not approved by the Community Development Department.
l. Fences or walls which are in a hazardous condition, or which are in disrepair, or which hinder free access to public sidewalks.
m. Abandoned or unoccupied buildings which have been left to remain stagnant and deteriorating causing unsightliness.
n. Abandoned or unoccupied buildings which have been left to remain stagnant and deteriorating, causing unsightliness.
o. Structures that have not been repainted in a uniform color throughout as a result of graffiti or maintenance.
p. Structures that have been repainted to a non-earth tone color.

17.Dead, decayed, diseased or hazardous trees; weeds and other overgrown vegetation likely to harbor rats, vermin or nuisances or weeds and other vegetation which constitutes a fire hazard.

18.Inoperative, disabled, dismantled or partially dismantled vehicles, trailers, campers, boats, and other mobile equipment, including non-motorized trailers, stored in areas not intended for storage or as a primary use.

19.Hazardous pools, ponds, iceboxes, refrigerators, neglected machinery, excavations or stagnant water.

20.Storage or scattering over the property of any of the following:
f. Debris, rubbish or trash not stored in trash receptacles. g. Abandoned, discarded, broken, wrecked, inoperable or discarded furnishings, appliances, machines and tools, or similar objects of equipment. h. Discarded building materials, machinery, parts, remnants, unusable inventory. i. Use of tarps for areas used for storage or other use visible from the public right-of-way.

21.Packing boxes and other debris materials or objects stored in yards and visible from public streets.

ATTACHMENT “C” / EXHIBIT 3

22.Trash and recycling receptacles stored in front or side yards and visible from public streets.

23.Temporary signs that advertise or are related to events which have already taken place.

24.Abandoned signs which no longer correctly identifies, exhorts or advertises any person, business, lessor, owner, product or activity conducted or available on the premises where such sign is located and which has not been changed or removed within one month of a tenancy change.

25.Unpaved or deteriorated parking lots containing uneven surfaces, drainage problems or that are hazardous to the public.

26.All activities conducted that are objectionable by reason of noise, odor, dust, mud, smoke, vibration, or other similar causes.

27.Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Section 3480 of the California Civil Code.

28.Outdoor ornaments, decorations and Christmas lighting being displayed between the months of February through October.

29.Uses not expressly permitted or conditionally permitted by the underlying zoning regulations.

F. Declaration of nuisance. Whenever the Community Development Director finds that a nuisance, as defined above, exists on any premises located within the City, the Director shall serve upon the property owner a notice of violation in accordance with the provisions of Section 18.100.180 enforcement of this Zoning Code. In addition, the Community Development Director may enforce the Zoning Code through the administrative citation process as outlined in Chapters 1.12 and 1.13 of the Hawaiian Gardens Municipal Code.

18.70.090 – Non-residential design guidelines.

D. Design guidelines have been developed to promote high quality development, to protect the City from the adverse effects of poor design, to encourage originality, creativity, and compatibility within the neighborhood, and to enhance the beauty, livability and prosperity of the community. All development within the City, including additions, shall conform to the design standards outlined below. These standards shall be utilized during the site plan review and approval process for each development. Compliance with the design guidelines shall be determined by the Community Development Director. Refer to Chapter 18.55.010 for design standards that apply to mixed-use developments in the C-2 and C-4 zones. Applicability. New buildings and structures, exterior remodeling and exterior changes of or to an existing building for which compliance with this Zoning Code is required shall be subject to review for compliance with the design standards in this section. However, ATTACHMENT “C” / EXHIBIT 3
the following buildings, physical improvements, and site development are not subject to these standards:

4. Interior design and interior modifications to buildings or structures.

5. Remodeling projects that do not involve changes in the architectural style of the building or structure, such as window and door openings, handrails, and stairways.

6. Seismic retrofit projects.

E. General provisions.

16.Development shall be compatible with the character of the neighborhood and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surrounding areas and of the City. The height and bulk of any proposed building and structure on site should be in scale and in proportion with surrounding structures and not dominate the site or neighborhood.

17.All required site plans shall meet or exceed the minimum development standards (i.e., setbacks, open space, density, signage, lighting standards, minimum parking and loading areas, and landscaping requirements) established in this Zoning Code.

18.Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, and other site features shall give proper consideration to on-site circulation.

19.Site access and circulation shall not negatively impact adjacent roadways or neighborhood traffic.

20.Electrical and similar mechanical equipment and trash and storage areas shall be screened from public view.

21.Archaeological and historical resources should be preserved and protected to the extent feasible.

22.Commercial development shall not have significant adverse effects (such as lighting glare, traffic, building mass/scale, excessive noise) on residences in an abutting residential district.

23.A solid masonry wall of six feet in height (minimum and maximum) shall be constructed along the side and rear property lines that abut a parcel that has a different zone than the parcel proposed for development. Landscaping (trees and shrubs) shall be incorporated adjacent to the non-residential side of the wall to help break up and soften the impact of long, flat wall surfaces.

24.Building elevations, design characteristics and other architectural and aesthetic features, shall not be unsightly, undesirable, or obnoxious in appearance; shall create an orderly and aesthetically pleasing environment; and shall be harmonious and compatible with existing development in the area.

ATTACHMENT “C” / EXHIBIT 3

25.New development or remodeling shall be designed in such a way as to upgrade the appearance and quality of the area.

26.No use activity or process shall be conducted which produces electromagnetic interference with radio or television reception in neighboring residential or commercial areas.

27.New development should incorporate energy and water conservation design to the extent possible.

28.Address numbers shall be clearly visible from the frontage street.

29.All backflow devices shall be screened from public view and integrated into the site plan in a way that does not detract from the appearance of the building.

30.All utility lines shall be placed underground, including facilities and wires for power, telephones, gas, cable television, etc. All conduit lines shall be incorporated into the building and not permitted on the exterior of any building.

31.Window and door security gates or guards may only be installed on the interior of the structure.

F. Design guidelines. The following guidelines shall be utilized for site plan review, as applicable.

12.In addition to the height and setback requirements for each zone, changes in material, height, projections in the vertical and horizontal plane or similar façade changes are required on visible exterior building walls.

13.No continuous building wall is allowed to extend for more than 50 feet without a recess or change in plane.

14.Rooftop equipment shall be incorporated into the design of the structure so that it is completely enclosed on all sides and concealed from view by at least six-inch high screening, roofing or parapet above the uppermost part of the equipment.

15.Conduit lines shall be incorporated into the building and not permitted on the exterior of any building.

16.An elevation of a building facing the sidewalk shall be visually and physically penetrable, incorporate architectural elements to provide visual interest and relief from flat surfaces (e.g., textured materials, offset planes, differentiated piers and columns, recessed entries and windows, and awnings), and compatibly landscaped.

17.Earth tone colors are required on all exterior finish, rather than bright or fluorescent colors.

18.Uses which are located within the ground floor of a structure facing a sidewalk shall be "pedestrian-friendly" (such as high customer turnover uses: restaurants, ATTACHMENT “C” / EXHIBIT 3
clothing stores, food stores, health clubs, personal services, and community service organizations).

19.Exterior vending machines such as soft drink dispensers, ice cube freezers and the like are allowed under a minor use permit, in accordance with Section

18.100.050. Newspaper racks are acceptable if they are designed and integrated with the structure and subject to Chapter 5.26 of the Hawaiian Gardens Municipal Code.

20.Trash receptacles should be placed at entrances to buildings containing take out and fast food restaurants. No logos, company colors, or advertising area allowed in the receptacles.

21.Awnings (constructed of durable, fade-resistant, and easily maintainable materials), overhangs, porticoes, trellises, and other design elements which provide protection to pedestrians should be encouraged and located at a height to provide sufficient room for pedestrians.

22.Landscaped open space setbacks and plazas between the sidewalk and commercial building should be at the approximate elevation of the abutting sidewalk.

23.Accessory structures and additions.
s. Accessory structures shall have the same roof design, finish materials and color as those used on the main structure to which the accessory structure is related. Existing structures should be repainted to enhance the overall appearance of the property.
t. Any structure or building addition shall match existing color, bulk, architecture, roof design, treatment and materials of the main structure on the site. u. Site services should be located on the least visible side of the building or site or within interior building spaces.
v. Boundary and other walls should be generally of the same decorative masonry or wrought iron, which is complementary in color, texture, and material to the development as a whole.
w. All utility lines shall be placed underground, including facilities and wires for power, telephone, cable television, etc. All conduit lines shall be incorporated into the building and not permitted on the exterior of any building. x. Mechanical equipment on the ground or on the roof should be screened from view from adjacent properties and the public right-of-way by an enclosure designed as part of the building or by appropriate landscaping. y. Water heaters, utility boxes such as electrical boxes, gas meters and landscape irrigation equipment, and other utilities should be painted to match the structure or be appropriately screened from view.

ATTACHMENT “C” / EXHIBIT 3
z. Window and door security gates or guards may only be installed on the interior of the structure.

13.Open space.
i. Public open spaces, plazas and outdoor commercial uses should be well maintained and kept free of debris.
j. Landscaping should be integrated into the architectural scheme so as to accent and enhance appearance of the development.
k. Existing mature trees (over eight inches of trunk diameter) should be considered for preservation in the site planning.

14.Performance standards.
j. Nuisance. All activities conducted on the premises shall not be objectionable by reason of excessive noise, odor, dust, mud, smoke, vibration, or other similar causes.
k. Glare or heat. Any operation producing intense glare or heat shall be conducted within an enclosed building or with other effective screening in such a manner as to make such glare or heat completely imperceptible at any point along the property lines.
l. Vibration. Industrial operations shall cause no inherent and recurring vibration perceptible without instruments at any point along the property lines. Transportation facilities and temporary construction activities are excluded from this restriction.
m. Smoke. No person shall emit or cause to be emitted into any air contamination source of emission of any air contaminant which is of a shade or density as to obscure a person's vision to a degree in excess of 20 percent opacity. Emissions from fireplaces used for non-commercial, nonindustrial or recreational purposes are exempt from this restriction. n. Odors. No person shall cause or allow the emission of odorous air contaminants from any source such as to result in detectable odors at the property line. Uses producing air pollution or objectionable odors are subject to the regulations of the South Coast Air Quality Management District (SCAQMD). Evidence of compliance with SCAQMD regulations shall be required as a condition of approval.
o. Construction activity. Construction activity is limited to 7:00 a.m. to 7:00 p.m.

Monday to Friday and 9:00 a.m. to 5:00 p.m. on Saturday. No construction activity is allowed on Sunday and City-observed holidays. p. Electromagnetic interference. No use, activity, or process shall be conducted which produces electromagnetic interference with radio, television, or telephone reception in neighboring areas.

ATTACHMENT “C” / EXHIBIT 3
q. Radiation. All operations using or storing radioactive materials shall comply with the applicable regulations of the County Department of Health.

18.70.100 – Intentionally omitted.

18.70.110 – Temporary emergency shelters.

This section provides standards for the establishment and operation of emergency shelters in compliance with Government Code Section 65583.

A. Maximum number of beds. Each emergency shelter may have a maximum of 40 beds.

B. Parking. Off-street parking shall comply with Section 18.70.010 parking and loading requirements. Non-operational and unregistered vehicles shall not be kept on site.

C. Design and amenities.

1. Exterior waiting area. Each emergency shelter shall provide an exterior waiting area of at least ten square feet per bed to accommodate clients and to prevent queuing into the public right-of-way. An exterior waiting area shall be physically separated from the public right-of-way.

2. Facility layout. Living, dining, and kitchen areas shall be physically separated from sleeping areas.

3. Sleeping area. Each emergency shelter shall provide at least 35 square feet of sleeping area per bed.

4. Bathroom facilities. Each emergency shelter shall provide facilities for personal care (i.e., bathroom and shower facilities).

5. Telephone services. The shelter shall provide landline telephone services separate from the office phone in order to provide privacy. Any payphones provided shall allow call-out service only.

6. Additional standards. Each emergency shelter shall comply with applicable Building Code, Fire Code, and State Department of Social Services licensing requirements.

7. Security lighting. Each emergency shelter shall provide exterior security lighting subject to approval by the Director. Lighting shall be designed and positioned to avoid light spill onto any abutting residential properties.

G. Location restriction.

1. Minimum separation distance. An emergency shelter shall be located at least 300 feet away from another emergency shelter.

2. Measurement of separation distance. The distance of separation shall be measured in a straight line between property lines of each shelter without regard to intervening structures or objects.

ATTACHMENT “C” / EXHIBIT 3
H. Operational standards.

1. Length of stay. The maximum length of stay shall be 14 days. Hours of operation shall be limited to the hours between 6:00 p.m. and 8:00 a.m.

2. On-site management. Each emergency shelter shall provide on-site supervision at all times.

3. Congregation in neighborhood prohibited. The shelter operator shall:
a. Patrol the surrounding area within 1,000 feet for one hour after the closing of the shelter each morning to ensure that shelter residents are not congregating in the neighborhood.
b. Regularly patrol the area surrounding the shelter site during hours that the shelter is in operation to ensure that persons who have been denied access are not congregating in the neighborhood.

4. Contact information. The operator shall provide information about how to contact the operator with questions or concerns regarding shelter operations. The contact information shall be posted on site where it is readily viewable by an employee, shelter inhabitant, or representative of a governmental agency.

5. Litter and graffiti. The owner/operator shall:
a. Maintain the exterior of the premises, including signs and accessory structures, free of litter and graffiti at all times;
b. Provide for daily removal of trash from the premises and abutting sidewalks or alleys within 20 feet of the premises; and
c. Remove graffiti within 48 hours of written notice from the City.

6. Controlled access. The facility and/or the premises shall be accessed by one entrance.

7. Supplemental services. Supplemental services (e.g., food, counseling, access to other social programs, etc.) may be offered on the inside of the premises to serve only persons staying at the shelter.

ATTACHMENT “C” / EXHIBIT 3
Chapter 18.90 – SUPPLMENTAL REGULATIONS

18.90.010 – Satellite dishes and other antennas.

This section regulates the location and design of satellite dishes, antennas, wireless communication systems and their associated equipment.

H. Exemptions. Common skeletal type radio and television antenna used to receive (not transmit) UHF, VHF, AM and FM signals of off-air broadcasts from radio and television stations, are exempt from the requirements of this chapter. Satellite dishes measuring less than 24 inches in diameter are permitted only in side or rear yard setbacks.

I. Location. All antennas and their supporting structures shall be located in the rear yard or any side yard, except a street side yard. All ground-mounted antennas shall be required to maintain their supporting structures at least five feet from any property line and ten feet from any other structure. No antenna shall be roof-mounted, unless mounted on a flat roof structure in a commercial or industrial zone with parapets and/or architecturally matching screening plan.

J. Antenna height. No antenna shall be higher than 30 feet above grade level, except satellite antennas greater than 24 inches in diameter shall not exceed 15 feet in height or eight feet in diameter.

K. Number. No more than two antennas, monopoles, or satellite dishes may be located within any one residential lot, where such use or structure is allowed, including exempt antennas.

L. Standards. Antennas shall be installed and maintained in compliance with the requirements of the Building Code. Antenna installers shall obtain a building permit prior to installation and comply with the following regulations.

12.No advertising material shall be allowed on any antenna.

13.All electrical wiring associated with any antenna shall be buried underground.

14.No portion of an antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area but may be attached to the building.

15.The antenna, including guy wires, supporting structures and accessory equipment, shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish or reflective.

16.Every antenna shall be adequately grounded, for protection against a direct strike of lightning, with adequate grounding rods. Grounding rods shall be of the type approved by the latest edition of the Electrical Code for grounding masts and lightning arrestors and shall be installed in a mechanical manner, with as few bends as possible, maintaining a clearance of at least two inches from ATTACHMENT “C” / EXHIBIT 3
combustible materials. Lightning arrestors shall be used that are approved as safe by the Underwriter's Laboratories, Inc., and both sides of the line shall be adequately protected with proper arrestors to remove static charges accumulated on the line. When lead-in conductors of polyethylene ribbon-type are used, lightning arrestors shall be installed in each conductor. When coaxial cable or shielded twin lead is used for lead-in suitable protection may be provided without lightning arrestors by grounding the exterior metal sheath.

17.A wind velocity test shall be required, if deemed necessary by the Building Official.

18.Ground-mounted satellite dish antennas shall be screened from view, including views from adjacent yards, by landscaping or decorative structures (trellis, arbor, fence, etc.). The satellite dish shall be a single color that blends with its surroundings.

M. Cellular towers. All cellular towers and antennas are required to be disguised as to blend with the surrounding area and camouflaged. An example of a common disguise would be a tree or flagpole.

N. Site plan review. All non-exempt antennas shall require a site plan review and approval, in accordance with Section 18.100.030 site plan review subject to the imposition of reasonable conditions to protect the applicant and the public health and safety. Reasonable conditions shall include, but not be limited to, fencing, color, screening, landscaping, disguising, warning signs, or other like conditions. Any commercial application of antennas, satellite dishes, or cellular towers is subject to approval of a conditional use permit, in accordance with Section 18.100.090 conditional use permit.

O. Interference. All antennas, satellite dishes, and cellular or any wireless communication systems shall not create any inference with any property in the City or interfere with the City's communication system or the public safety radio system.

18.90.020 – Solar energy and solar access.

A. Solar access is essential for effectiveness of solar radiation by active and passive solar systems. Solar access protection means protecting southerly roofs, walls and yards of new and existing buildings from shading by adjacent buildings and trees.

B. Standards. New developments proposing the use of solar energy systems or located adjacent to properties with existing solar energy systems shall obtain a minor use permit as outlined in Section 18.100.050 minor use permit and shall comply with the following standards:

1. Developments proposing the use of solar apparatus shall obtain solar easements from adjacent properties. The easement shall give the owner of the solar energy system limited rights over nearby property through a covenant in new developments.

ATTACHMENT “C” / EXHIBIT 3

2. Solar access easements or agreements commit adjoining lot owners to provide solar access to a parcel by precluding fences and vegetation from blocking solar access for the maximum areas of shadow cast between 9:00 a.m. and 3:00 p.m.

These agreements are subject to approval by the Community Development Department and recorded as part of the affected properties.

3. Solar apparatus require approval by the Fire Department, a building permit for conformance to structural design and loading, and an electrical permit or boiler permit if appropriate.

4. Floor area of solar greenhouse and heat traps count toward maximum lot coverage.

5. New development near properties with a solar apparatus shall be reviewed to ensure that solar access is not affected.

18.90.030 – Utilities and infrastructure.

A. Utility and infrastructure facilities. The construction, installation, operation and maintenance of infrastructure on a public right-of-way are not subject to the provisions of this Zoning Code, provided that an encroachment permit is obtained from the City prior to commencement of construction activities. Utility structures and equipment that are located on individual lots as a primary or secondary use on the lot are subject to the standards of the underlying zone and the applicable regulations in this Zoning Code.

B. Underground utilities. The following requirements shall apply to new construction only:

1. The developer is responsible for utility service connections, in coordination with the utility company.

2. All electrical distribution lines, telephone, cable television, and similar wires which provide customer services shall be installed underground except for:
a. Utility poles within six feet of the rear lot line used for terminating underground facilities;
b. Temporary utilities during construction;
c. Risers and poles provided by the developer or owner; d. Meter boxes, terminal boxes and similar equipment;
e. Transformers, provided they are located in vaults.

C. Street improvements.

1. No new construction, renovation or expansion shall be approved until half of the street along the entire lot frontage is dedicated and improved according to City standards. For development on a portion of a lot, dedication and improvement shall apply only to abutting streets of that portion of the lot. A bond may be ATTACHMENT “C” / EXHIBIT 3
placed in lieu of improvements until the Community Development Director deems it practical to construct the improvements.

2. The maximum area to be required for dedication shall not exceed 25 percent of the total lot area.

3. Additional street improvements shall not be required when the abutting street is already improved in accordance with City standards.

4. A deed granting an easement for a public street shall be submitted to the City Engineer prior to approval of the permit issued in compliance with this Zoning Code.

5. Improvements shall include curb and gutter, sidewalks and landscaped parkway.

6. Dedication shall include corner cutoff area at intersections.

7. The property owner shall maintain sidewalks and parkways along the property frontage.

18.90.040 – Animal keeping and household pets.

A. Animal keeping. The keeping of animals on a lot shall be for personal use of the residents of the property only, not to include any activities beyond that necessary to continue the residents' personal use. This may include limited breeding and boarding activities of a non-compensatory nature, such as for other family members' personal use.

B. Household pets.

1. No more than three dogs and three cats per household plus any unweaned litter from such pets not over six months old, parrots, canaries, and other house birds of a similar nature shall be allowed. In addition, no more than five animals may be kept as household pets, including but not limited to the following: rabbits, hamsters, guinea pigs, white rats, white mice, turtles, salamanders, newts, chinchillas, hawks, marmoset monkeys, squirrel monkeys, chipmunks, chameleons, kangaroo rats, no more than three non-poisonous reptiles less than six feet long, toads, lizards, spiders, or other animals of a similar nature as determined by the Community Development Director. Such animals shall be kept in a way so as not to create a threat to the health, safety and welfare of the residents of the household or the general public.

2. The following animals are prohibited in all zones: chickens, roosters or any poisonous or dangerous animals.

3. Any animal that causes excessive noise, odor or other disturbing elements detrimental to the use of surrounding property shall not be permitted in any zone.

18.90.050 – Signs and advertising requirements.

ATTACHMENT “C” / EXHIBIT 3
The purpose of this section is to regulate the number, size, height, and placement of signs within the City. These regulations intend to encourage quality design for signs, so as to create an attractive and harmonious community and business environment, while providing businesses with the adequate means to advertise their products and/or services.

A. General requirements.

1. All new permanent signs require sign permits, unless specifically exempt under subsection B. below. The Community Development Director shall issue all permits for the construction, alteration, and erection of signs in accordance with the provisions of this section and relevant chapters and titles of the Hawaiian Gardens Municipal Code.

2. All signs shall conform to Chapter 15.04 of the Hawaiian Gardens Municipal Code and, where appropriate, shall conform to the current National Electrical Code and the National Electrical Safety Code.

3. It shall be unlawful for any person to erect, re-erect, construct, enlarge, display, change copy, alter or move a sign, or cause the same to be done, without first obtaining a permit for each sign from the Community Development Director. This shall not be construed to require an additional permit for the change of copy for a changeable copy sign provided that the structure and sign comply with the provisions of this title.

4. A permit shall be required for signs installed simultaneously on a single supporting structure. Thereafter, each additional sign(s) erected on the structure shall have a separate permit.

5. All elements of a sign (sign face, supports, poles, and lights) shall be maintained in good and safe structural condition, including the replacement of missing or defective parts, painting, repainting, cleaning, or other acts required for maintenance of the sign. This shall not be construed to require an additional permit to repaint, clean, or otherwise perform normal maintenance or repair of a permitted sign or sign structure.

6. The Community Development Director shall have the authority to classify an existing sign or one proposed for erection, in accordance with the provision of this section. Any sign that does not clearly fall within one classification shall be placed in a classification which the sign, in view of its design, location and purpose, most nearly approximates.

B. Exempt signs. The following signs do not require a permit for installation. All other provisions of this chapter apply.

1. Temporary political signs (subject to Chapter 5.90 political signs of the Hawaiian Gardens Municipal Code);
ATTACHMENT “C” / EXHIBIT 3

2. Legal notices, identification, traffic, or other signs erected or required by governmental authority under any law, statute or ordinance;

3. Seasonal holiday decorations, not including any form of advertising or the name of a business and provided they are removed following the close of the holiday period;

4. Parking lot painting of handicap symbols, striping, numbers, and notations of compact spaces;

5. Signs on product dispensers permitted outside of a business. These signs may include signs on gas pumps;

6. Professional nameplates not exceeding two square feet in area;

7. Plaques, tablets or inscriptions indicating the name of a building, date of erection, or other commemorative information, that are an integral part of the building structure or are attached flat to the face of the building, that are non-illuminated, and that do not exceed four square feet in surface area;

8. Signs of the State, City or public service companies indicating danger, aids to service or safety, traffic control or traffic direction signs or signs identifying programs such as the Adopt-A-Road Litter Control Program, etc.;

9. Address numbers or signs depicting a family name, such as "Smith's Residence";

10.Signs on structures or improvements intended for a separate use, such as phone booths, charitable donation containers, and recycling boxes;

11.Building addresses with numbers and letters not more than ten inches in height;

12.Signs not oriented toward or intended to be legible from a right-of-way, other property, or from the air. Examples may include signs identifying rules for a swimming pool, signs identifying restroom facilities, and tow-away signs;

13.Directional and parking lot signs with a maximum area of two square feet and maximum height of four feet, limited to one sign per driveway;

14.Signs affected by stipulated judgments to which the City is a party, entered by courts of competent jurisdiction;

15.Flags and commercial flags no larger than 24 square feet each and not exceeding three in number;

16.Locally designated historic signs;

17.Real estate signs, if less than 12 square feet in area within residential zones and 16 square feet within nonresidential zones and a maximum of two signs per lot;

18.Incidental signs such as credit card, trading stamp, trade association, service station, or similar signs not exceeding one square foot; ATTACHMENT “C” / EXHIBIT 3

19.Banners and signs for City-sponsored events, holidays, and other special occasions.

C. Prohibited signs. The following signs shall not be permitted in any zone:

1. Signs that pose a hazard to public health or safety, as determined by the Uniform Building Code;

2. Signs that make use of words such as "Stop," "Look," "One-Way," "Danger," "Yield," "Slow, Children At Play," "Detour," "Road Construction" or any similar word, phrase, symbol, or light so as to interfere or be confused with pedestrian or vehicular public safety signs as identified in the American Association of State Highway and Transportation Officials (AASHTO) Manual;

3. Signs displaying obscenity, as per Chapter 5.44 of the Hawaiian Gardens Municipal Code;

4. Signs that obstruct ingress or egress from fire escapes, doors, windows, or other exits or entrances;

5. Signs attached to or placed on any stationary vehicle or trailer, whether operational or not, so as to be visible from a public right-of-way for the purpose of providing advertisement of services or products or for the purpose of directing people to a business. Signs which are painted or attached to vehicles shall be incidental to the vehicle's primary purpose of transporting people or goods on the public right-of-way and the vehicle may not be used for primarily advertising purposes. Signs on vehicles may not include arrows or other directional devices, the purpose of which is to direct those who observe such signs to a particular place of business. This provision shall not apply to the identification of a firm or its principal products on operable vehicles operating in the normal course of business. Public transit buses and licensed taxis are exempt from this restriction;

6. Off-premise signs;

7. Rotating and revolving signs;

8. Animated signs;

9. Flashing lights, flashing signs or signs containing strobe lights that are visible beyond the property line;

10.Abandoned signs;

11.Roof-mounted signs;

12.Permanent signs on undeveloped sites, except for subdivision signs;

13.Outdoor, portable electric signs;

14.Mobile readerboard signs except as a temporary sign in accordance with subsection J. below;

15.Signs on utility, traffic and light poles;
ATTACHMENT “C” / EXHIBIT 3

16.Signs on the sign posts of traffic advisory signs such as "curve ahead," "crosswalk," or "road narrows";

17.Grand opening displays and other displays of a carnival nature including: blinking or flashing lights, balloons, searchlights, flares, clusters of flags, strings of twirlers or propellers and seasonal decorations except as permitted as a temporary sign in accordance with subsection J. below;

18.Banners, except as approved as temporary signs in accordance with subsection J. below;

19.Balloons, except as approved as temporary signs in accordance with subsection J. below;

20.Changing message center signs, where the message changes more frequently than every five seconds, except for the display of time and temperature;

21.Signs connected to visible overhead power lines;

22.Signs with bare light bulbs of over 15 watts that are visible from the front of the sign or from beyond the property line;

23.Any other type or kind of sign that does not comply with the terms, conditions, provisions, and intent contained in this section and other applicable City ordinances;

24.Signs painted directly on any surface or building structure;

25.Signs that project more than 12 inches from a wall;

26.Signs that cover more than 25 percent of a window;

27.Signs mounted on raceways;

28.Signs in residential zones identified in Chapter 18.40, with the exception of the RIH zone;

29.A-board signs and sandwich board signs;

30.Billboard signs.

D. Sign standards. The standards below apply to any advertising display or sign which is maintained, erected, constructed, posted, painted, printed, tacked, nailed, glued, stuck, carved, fastened or affixed to the ground, tree, bush, rock, fence, posts, wall, building, structure or thing or making a sign visible.

1. Premises identification.
a. All buildings, including residential structures, shall be identified by street address numbers. All street addresses shall be in English lettering and numbering.

ATTACHMENT “C” / EXHIBIT 3
b. Business names shall be provided and clearly visible from the adjacent public right-of-way. These signs shall use the Roman alphabet or provide alternate identification in English.

2. Sign design.
a. Sign colors and materials should be selected to be compatible with the existing or proposed building design and should contribute to legibility and design integrity. Except for temporary signs, sign materials shall consist of materials which can withstand natural elements over time. These do not include paper, cardboard, or fabric.
b. Lettering shall be restricted to the sign area, with no projections above or below the sign area.
c. All exterior signs shall be permanently affixed to a building or permitted sign support and shall not be portable in nature, unless specifically permitted as part of a temporary sign.
d. No sign shall be constructed so that any bare light bulb over 15 watts is visible from the sign or from beyond the property line. e. No sign shall be constructed so that electrical channels, cabinets, boxes, raceways, wires, and similar items are exposed to view. Signs with electrical raceways that are designed to be an integral part of the overall sign design and where the raceways are not visually prominent may be allowed subject to the approval of the Community Development Director.

3. Sign location.
a. All signs shall be erected on the premises or property occupied by the person or business identified by the sign.
b. Freestanding signs shall be located in a landscaped area or planter base. c. No freestanding sign shall be located within 100 feet of another freestanding sign on the same premises.
d. Signs shall not be located where it may obstruct the use of a door, window or fire escape of any building or free passage over any public right-of-way. e. Signs located on awnings shall only be placed on the valance portion of the awning. Signs shall not be placed on the shed portion of the awning.

4. Sign lighting.
a. No illuminated signs are allowed in residential zones. b. Lighting for signs shall not result in glare being directed toward surrounding properties.
c. Exterior lighting directed at a sign shall be shielded to ensure that light is projected only upon the sign.

ATTACHMENT “C” / EXHIBIT 3
d. No sign shall be connected to a power line.
e. Internally illuminated cabinet-type signs with translucent panels are not allowed in the C-2 (downtown commercial) zone. Internally illuminated signs may be used if the panels are opaque so that only the sign's lettering and logo appear as illuminated.

5. Placement within right-of-way.
a. No sign shall be placed on public property or within any public right-of-way, without specific written permission from the City.
b. Traffic control, open house signs, and real estate directional arrow signs may be placed in the right-of-way but outside of median strips, public sidewalks, and vehicular and bicycle lanes. They may not block driveways or be affixed to utility poles, trees, or traffic signs, and shall not block vision clearance areas.

6. Sign maintenance. Every sign shall be properly maintained and kept in good repair.
a. Signs, sign frames, and sign supports shall be kept clean, neatly painted and free from rust, corrosion, and graffiti.
b. Defective parts shall be replaced and cracks, broken surfaces, malfunctioning lights, missing sign copy or other unmaintained or damaged portions of a sign shall be repaired or replaced within 30 calendar days following notification by the City.
c. Upon closure of a business or vacation of premises, all applicable signs shall be removed within one month. Canister sign frames may be left with a blank face, provided internal lighting and mounting are not visible from the public right-of-way or the underlying façade surface shall be patched and repainted to match the building façade. Upon the removal of any wall sign, the building façade shall be repaired and repainted to match existing façade in one uniform color.

7. Vehicle area clearances. When a sign extends over a private area where vehicles travel or are parked, the bottom of the sign structure shall be at least 14 feet above the ground. Vehicle areas include driveways, alleys, parking areas, and loading and maneuvering areas. Exceptions are prohibited.

8. Pedestrian area clearances. When a sign extends over a walkway or other space accessible to pedestrians, the bottom of the sign structure shall be at least eight feet above the ground. Exceptions are prohibited.

9. Fence. No sign shall be used as a fence nor shall any fence be used as a sign nor shall any sign be attached to a fence.

ATTACHMENT “C” / EXHIBIT 3

10.Sound. No public address system or sound devices shall be used in conjunction with any sign or advertising device.

11.Signs on residential lots. Signs on residential lots shall be limited to address, building identification, sales and rental of property, public information, and temporary political campaign signs, including exempt signs in subsection B. of this section.

E. Pole signs. The following standards shall regulate pole signs:

POLE SIGN STANDARDS
Location Parallel to the building.

Pole signs are permitted in the vision
clearance area where the bottom of the
sign is at least ten feet above the
elevation of the street grade.

Maximum Number and Spacing Not more than one pole sign for each lot or parcel of land or development.

Maximum Size Not more than one square foot of sign
area for each lineal foot of primary street
frontage. The size may be increased by
not more than one square foot of sign
area for each lineal foot that the sign is
set back from the nearest property line,
up to a maximum sign area of 200 square
feet.

A second pole sign may be allowed on
projects bigger than four acres and the
poles are separated at least 300 feet.

Maximum Height 30 feet.

Landscaping and Siting Pole signs shall be located in a planting bed of equal area to the area of the sign,
but not less than 100 square feet.

The minimum dimension of the planting
bed shall be five feet measured from
inside face of curb to inside face of curb.

One-gallon groundcover planted sixinches on center; and One shrub per ten square feet of sign
area. Shrubs located within the vision
clearance area shall be not taller than 36
inches.

ATTACHMENT “C” / EXHIBIT 3
F. Monument signs. The following standards shall regulate monument signs.

Monument signs may be provided in lieu of pole signs unless in compliance with the following:

MONUMENT SIGN STANDARDS
Maximum Number and Spacing One monument sign is permitted per primary street frontage; one additional
monument sign is permitted for each
additional 300 feet of primary street
frontage.

Multiple monument signs shall be a
minimum of 250 feet apart along one or
more street frontages.

Maximum Size A minimum of 32 square feet plus one
square foot per lineal foot of primary
street frontage up to a maximum sign
area of 50 square feet.

Maximum Height Four feet.

Landscaping and Siting Monument signs shall be located in a planting bed of equal area to the area of
the sign, but not less than 100 square
feet.

The minimum dimension of the planting
bed shall be five feet measured from
inside face of curb to inside face of curb.

One-gallon groundcover planted sixinches on center; and One shrub per ten square feet of sign
area. Shrubs located within the vision
clearance area shall be no taller than 36
inches.

Illumination Internal illumination and illumination from an indirect source.

G. Signs attached to buildings. Awning, fascia, graphic, marquee, and wall signs are permitted signs for attachment to buildings. Signs attached to buildings are permitted on wall elevations that are viewable from public rights-of-way or on wall elevations containing public entrances to the building.

STANDARDS FOR SIGNS ATTACHED TO BUILDINGS
ATTACHMENT “C” / EXHIBIT 3
Location Parallel with and attached to the exterior
wall of the building.

Not allowed to extend above the top of
the parapet of the wall.

Maximum Number One wall sign per building face on the
street frontage.

Additional wall signs may be allowed for
buildings that have frontage on more than
one publicly dedicated street, with the
maximum size allowed at half the sign
area of the primary sign.

Maximum Size Two square feet for each linear foot of the building that fronts on a public dedicated
street or public access area. Maximum
100 square feet per business.

Maximum Height Signs are subject to the maximum
building height for the underlying zone.

Landscaping and Siting Designed to appear as an architectural and integral part of the building to which it
is attached.

Sign Thickness Wall signs shall not exceed 12 inches in thickness or project more than 12 inches
from the wall.

Illumination Internal illumination and illumination from an indirect source.

H. Directional signs. The following standards shall regulate directional signs:

DIRECTIONAL SIGN STANDARDS
Maximum Number and Spacing One per directional access from a primary street frontage plus one additional
directional sign per business.

Maximum Size Six square feet of total area.

Maximum Height 42 inches.

Landscaping and Siting None.

I. Window signs. The following standards shall regulate window signs:

WINDOW SIGN STANDARDS
ATTACHMENT “C” / EXHIBIT 3
Maximum Number and Spacing One sign per window.

Maximum Size 25 percent of window area.

Maximum Height None.

Landscaping and Siting None.

J. Temporary signs. The following standards shall regulate temporary signs:

1. A temporary sign permit shall be obtained from the Community Development Director, as outlined in Section 18.100.080 temporary use permit of this Zoning Code, prior to the installation of any temporary sign.

2. Temporary signs are not allowed for ongoing advertising of products or services or for the naming of a business in lieu of a permitted permanent sign.

3. No flashing temporary signs of any type shall be permitted. However, internally illuminated signs, such as portable reader boards, shall be permitted provided that they conform to the current National Electrical Code and the National Electrical Safety Code.

4. All temporary signs shall be securely fastened and positioned in place so as not to constitute a hazard to pedestrians or motorists.

5. No temporary sign shall project over or into a public right-of-way or public property, except for properly authorized banners over streets installed by the City of Hawaiian Gardens.

6. The duration of display for the following temporary signs shall be as follows:

TIME LIMITS FOR TEMPORARY SIGNS
Type of Sign Maximum Time Period Per Year
Banners 60 days per calendar year and limited to
four times per calendar year
Construction signs denoting the architect,
engineer or contractor, when placed upon
the premises while construction work is in
progress. Said signs not to exceed 16
square feet in area
30 days after the certificate of occupancy
is issued for the last structure
Garage, yard, porch, and patio sale signs 7:00 a.m. of first day to 5:00 p.m. of last day for three consecutive days and no
more than four times per year
Grand opening displays including:
posters, pennants, banners or streamers,
balloons, searchlights, clusters of flags,
30 consecutive days and no more than 60
days per year
ATTACHMENT “C” / EXHIBIT 3
strings of twirlers or propellers, flares, and
other displays of a carnival nature
Lawn signs 30 days
Liquidation signs Seven days
Off-premises real estate signs Daily, but may only be posted during the hours of 8:00 a.m. and 6:00 p.m.

Open house signs Three days
Real estate signs 30 days after the date when the property is sold or no longer offered for sale
Rooftop balloon signs with a vertical
dimension not greater than 25 feet
Seven days per calendar year per
business
Subdivision signs 30 days after the final certificate of occupancy has been issued
Temporary business identification sign for
use by a business actively in the process
of obtaining permits for a permanent sign
60 days

7. Unless specifically stated in the sign permit, the duration of display of all other temporary signs shall not exceed 90 days during any 12-month period.

8. Temporary banners, flags and pennants shall be kept in good condition while on display or they shall be removed from the premises.

9. Temporary signs shall be removed within three days after its use or permitted use, whichever is earlier.

K. Signs requiring conditional use permits. A conditional use permit is required for the following signs:

1. Master sign program.

2. Signs not regulated pursuant to Section 18.90.050(B) through (J) of this chapter.

3. Murals or graphic designs.

4. Electronic reader boards.

5. Marquee signs.

6. Signs in new shopping centers to be approved under one master sign program.

7. Hot air balloons, inflatable statuaries and similar three-dimensional airborne structures.

8. Restaurant drive-through menu boards.

ATTACHMENT “C” / EXHIBIT 3
L. Nonconforming signs. A sign which exists prior to the adoption of these zoning regulations but which fails to conform to the provisions of this section shall be considered nonconforming, and subject to the provisions of Section 18.100.130 nonconforming structures and uses.

M. Removal of signs.

1. Dangerous signs. All signs and sign structures which do not meet the structural requirements specified in the Uniform Building Code, which as a consequence are a hazard to life and property, or which by its condition or location present an immediate and serious danger to the public or create a traffic hazard, shall be discontinued or corrected to conform within the time the Community Development Director may specify.
a. If any sign is found to be insecurely fastened or otherwise dangerous, it shall be the duty of the owner and/or occupant of the premises on which the sign is fastened to repair or remove the sign within five working days after receiving notification from the City.
b. For damaged signs, it shall be the duty of the owner and/or occupant to repair or remove the sign within 15 days.
c. In the event the owner of such sign cannot be found or refuses to comply with the order to remove, the Building Official may have the dangerous sign removed. The cost of removing the sign plus administrative costs will be charged to the property owner.

2. Abandoned nonconforming signs. Any person who owns or leases a nonconforming sign shall remove such sign when the sign has been abandoned, under the following conditions:
a. The property owner shall be responsible for removing signs within five days after vacation of the site by the tenant.
b. If the person who owns or leases such sign fails to remove it as provided in this section, the Building Official shall give the owner of the building, structure, or premises upon which such sign is located, 30 days written notice to remove it.
c. If the sign has not been removed at the expiration of the 30-day notice, the Building Official may remove such sign at cost to the owner of the building, structure, or premises.
d. Costs incurred by the City of Hawaiian Gardens due to removal, shall be made a lien against the land or premises on which such sign is located, after notice and hearing, and shall be collected or foreclosed in the same manner as liens otherwise entered in the liens docket of the City.

3. Nonconforming signs. Removal of other nonconforming signs are subject to Section 18.100.130 nonconforming uses and structures of this Zoning Code.

ATTACHMENT “C” / EXHIBIT 3

18.90.060 – Condominiums and condominium conversions.

A. Purpose. The purposes of this section are to provide a balance of rental and ownership housing within the City and a variety of choices in tenure, type, price, and location of housing and to provide a means of achieving a stable and desirable environment for condominium uses. The standards in this chapter also seek to prevent potentially deleterious effects due to poor design, mismanagement, and neglect of condominium projects.

B. Permitted use. Condominiums are allowed in certain zones in the City, as outlined in Section 18.40.070 uses permitted in residential zones and Section 18.60.050 uses permitted in non-residential zones.

C. Site plan review. Condominiums require administrative approval, as outlined in Section 18.100.040 administrative review and approval of this Zoning Code.

D. Alterations. Except for interior modifications and incidental maintenance, no structural or architectural alterations shall be made to a condominium or its common areas, unless site plan review and approval from the Community Development Director is obtained.

E. Applications. Applications for condominium projects or alterations shall follow the procedures outlined in Section 18.100.020 administrative procedures. In addition to the required drawings and information, the applicant shall provide the following:

1. Typical detailed sections of the type of wall and floor and ceiling construction that will be used in both common and interior partition walls within the project, with the sound transmission class and impact insulation class of the proposed type of construction.

2. The proposed condominium documents, including the declaration of covenants, conditions, and restrictions.

3. The description of the project elements and tentative condominium plans that would apply to the conveyance of the units, assignment of parking and management of common areas.

4. Any other information that the Community Development Department determines is necessary to evaluate the proposed project.

F. Development standards. Condominium projects shall comply with the regulations outlined in Chapter 18.40 residential zones and Chapter 18.50 residential regulations and the following development standards. Where the standards below conflict with those in Chapter 18.50 of this Zoning Code, the more restrictive standard shall apply.

1. Minimum lot size shall be 7,500 square feet and maximum density shall be regulated as allowed under the lot's zone designation.

2. Building height shall not exceed 36 feet.

ATTACHMENT “C” / EXHIBIT 3

3. Minimum floor area for dwelling units shall be as follows:
a. One bedroom - 750 square feet.
b. Two bedroom - 950 square feet.
c. Three bedroom - 1,200 square feet.
d. Over three bedrooms - 150 square feet for each additional bedroom. e. Floor area excludes garages, open entries, porches, patios, or basements.

4. Maximum allowable floor area per unit shall be 1,500 square feet.

5. Each unit shall be provided with a laundry area.

6. A utility area for maintenance tools shall be provided at five square feet per unit and no less than 75 square feet in total floor area.

7. Minimum distance between buildings shall be ten feet, but where the open space between buildings is provided with an exit or entry, the minimum distance shall be 15 feet.

8. Buildings facing each other front to front shall have a minimum distance of 25 feet, except buildings facing each other and arranged around an interior court with a driveway shall have a minimum distance of 35 feet.

9. The front yard setback of the parcel shall be at least 5 feet in depth.

10.The side yard setback shall be five feet.

11.The rear yard setback shall be at least 5 feet in depth.

12.A six-foot high masonry wall shall be provided along the rear and side lot lines.

13.Accessory buildings and garages may be constructed in the rear yard. If a building wall abuts the rear lot line, there shall be no opening in the wall; the wall shall be constructed of one-hour fire resistance materials and all roof drainage shall be directed into the property.

14.At least 350 square feet of open space per unit shall be provided. This includes 250 square feet of common useable open space to be provided for each dwelling unit, exclusive of front, rear, and side yards, parking areas and driveways. At least 100 square feet of private useable open space shall be immediately accessible to the dwelling unit and shall have a minimum dimension of six feet.

Useable open space shall include balconies, roof decks, patios, swimming pools, open cabanas, children's playgrounds and recreation rooms. Useable open space shall not include parking areas, driveways, loading zones, storage areas, and areas not accessible to the residents. In addition, at least 100 square feet per unit shall be provided as landscaped passive open space, consisting of landscaped yard setbacks, planter areas, berms, and other planted areas.

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15.Open areas not covered by concrete, asphalt, or buildings shall be landscaped with plant materials and provided and maintained with an adequate irrigation system. Yards for games may be surfaced with AC paving or concrete.

16. No parking spaces shall be allowed in the front yard setback. Parking and loading requirements for condominiums shall follow those for multi-family residential uses, as outlined in Section 18.50.010 parking and loading requirements.

17.Insulation of vibration and noise shall be provided in units having common walls and/or floor ceilings through the following:
a. All permanent mechanical equipment such as motors, compressors, pumps, and compactors which may be a source of vibration or structure-borne noise, shall be shock-mounted with inertia blocks or bases and/or vibration isolators, as approved by the Building Official.
b. Appliances which are cabinet installed or built into individual units, such as clothes washers, dryers and other appliances which may be a source of vibration or structure-borne noise shall be isolated from cabinets and the floor or ceiling by resilient gaskets and vibration mounts, as approved by the Building Official.
c. Cabinets which are installed shall be offset from the back wall with strip gasketing of felt, cork or similar material, as approved by the Building Official. d. Where appliances utilize water, flexible connectors shall be installed on all water lines.
e. If provisions are made within the units for the installation of non-permanent appliances, such as clothes washers and dryers, permanent rubber mounting bases and surface plates shall be installed, as approved by the Building Official.
f. No plumbing fixtures shall be located on a common wall between two separate units where it would back up to a living room, family room, dining room, den, or bedroom of an adjoining unit. Where practical, plumbing fixtures shall be located on interior walls within the unit or the exterior walls of the development.
g. No common water supply lines, vents or drain lines shall be permitted for contiguous units unless there is at least eight and one-half feet of pipe between the closest plumbing fixtures within the separate units. h. All water supply lines within the project shall be isolated from wood or metal framing with pipe isolators, as approved by the Building Official. i. For multi-story projects, all vertical drain pipes shall be surrounded by threefourth-inch thick dense insulation board or full, thick fiberglass or wool blanket ATTACHMENT “C” / EXHIBIT 3
insulation along its entire length, excluding sections that pass through wood or metal framing.
j. The Building Official may approve other methods of isolation of sound transmission through plumbing lines where their effectiveness can be demonstrated.

18.Condominium projects shall comply with other applicable regulations in this chapter.

G. Condominium conversions. The mix of individual ownership of separate dwelling units within traditional apartment type structures together with ownership in common areas creates special problems impacting the public health, safety and welfare, which are magnified by the conversion of existing multi-family rental housing structures to residential condominiums, community apartment projects or stock cooperatives. To mitigate foreseeable problems, the City considers converted condominiums, community apartment projects and stock cooperatives differently from other multi-family dwelling projects, and establishes rules and standards regulating converted condominiums, community apartment projects or stock cooperatives in the City.

1. The regulations for condominium conversions seek to accomplish the following objectives:
a. To prevent a substantial decline in the amount of multi-family rental housing within the City and thereby retain an adequate supply of rental housing to serve the housing needs of the community;
b. To facilitate home ownership by recognizing that condominium conversions can help meet the demand for affordable housing;
c. To insure that tenants have been afforded adequate notification of possible conversions;
d. To mitigate any hardship to tenants caused by their displacement; and e. To protect prospective condominium purchasers by setting standards for the physical condition of the units and the common areas.

2. Applicability.
a. The provisions below shall apply to conversions of rental housing to condominiums, community apartments, or stock cooperatives, notwithstanding any other provision of this Zoning Code. Except as otherwise provided, condominium conversions shall occur only in accordance with the procedures established by this section. This section does not apply to the creation by new construction of condominiums, community apartment projects, or stock cooperatives, as regulated by the standards above.

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b. If a proposed condominium conversion project has dwelling units in excess of the allowable density or cannot meet all development standards for condominiums, at least 33 percent of the units may be reserved for low and moderate income households and the project allowed under Section

18.90.070 density bonus and this section, provided all other applicable regulations are met.

3. Development standards. Condominium conversions shall comply with the applicable development standards and requirements of the zone in which it is located and the applicable provisions of the Subdivision Code. In addition, the following standards shall be complied with:
a. Meters and control valves. Gas and electricity shall be separately metered for each unit.
b. Laundry facilities. Each unit shall be plumbed and wired for laundry facilities. c. Smoke detectors. Each unit shall be provided with approved smoke detectors. d. Condition of equipment and appliance within units. The applicant shall supply a written certification to the buyer of each unit on the initial sale of the converted unit to the effect that every dishwasher, garbage disposal, stove, refrigerator, hot water tank, air conditioner, and other equipment and appliances included within the unit are in good working condition. e. Fire walls. Fire walls shall meet existing Building Code standards for the type of housing occupancy for which the buildings were originally constructed.

4. Comparative standards. In cases where there are condominium conversion applications pending for more units than would be permitted under the applicable zone, the City may weigh applications by additional development standards such as:
a. Sound impact insulation. Projects with sound impact insulation in accordance with current City standards shall have preference.
b. Location of project. The location of the project relative to the housing needs of the community and the promotion of infill growth.
c. Storage space. Additional private storage space per unit, not including customary closets and cupboards.
d. Miscellaneous. Adequacy of site, additional parking, common area facilities, energy conservation features, availability of and market demand for both rental and ownership units, and similar considerations.

5. Tenant and buyer protection.
a. Tenant notification. At least 60 days prior to filing of an application for conversion of rental or lease property, the applicant shall give notice of such filing in the form set forth in Section 66452.9 of the State Subdivision Map Act ATTACHMENT “C” / EXHIBIT 3
to each tenant of the subject property. Further, if the conversion is approved, the applicant shall give tenants a minimum of 180 days advance notice of the termination of their tenancy.
b. Tenant release. The filing of a tentative map and/or application for a condominium conversion, and notice to the tenants thereof, shall operate to release any tenant desiring to move before the expiration of his or her lease from any durational requirements other than 30 days written notice to the landlord.
c. Prospective tenants. Any person who rents or leases a unit at least 60 days prior to filing of the conversion application or later, shall be informed in writing at the outset of his or her tenancy of the proposed conversion of the project and the fact that he or she is not eligible for the tenant protections provided by this chapter for "existing tenants."
d. Use of common facilities. Existing tenants shall retain all privileges relating to the use of the pools, jacuzzis, saunas, laundry facilities, and other common facilities, in accordance with the terms of their existing leases or rental agreements.
e. Unjust eviction. Existing tenants shall not be subject to unjust eviction, for other than one or more of the following reasons:
i. The tenant has failed to pay the rent to which the landlord is entitled. ii. The tenant has violated an obligation or covenant of the tenancy other than the obligation to surrender possession upon proper notice and has failed to cure such violation after receiving written notice thereof from the landlord.
iii. The tenant is committing or permitting to exist a nuisance in or is causing damage to the rental unit or to the appurtenance thereof, or to the common areas of the property containing the rental unit, or is creating an unreasonable interference with the comfort, safety, or enjoyment of any of the other residents of the same or any adjacent building. iv. The tenant is using or permitting a rental unit to be used for any illegal purpose.
f. Unreasonable rent increase. Existing tenants shall not be subject to increases in rent that substantially exceed the Urban Consumers Housing Component of the Consumer Price Index on an annualized basis for this region, and which cannot otherwise be justified by costs of physical improvements to the building or site, repairs for damage, taxes, or other expenses attributable to the operation of the building or by changes in the market demand for rental housing.

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g. Tenant purchase option. Existing tenants of the proposed condominium conversion project shall be given preemptive right to purchase a unit or a right of exclusive occupancy upon more favorable terms and conditions than those on which such unit or share will be initially offered to the general public. This exclusive right to purchase shall run for a period of not less than 90 days from the date of the issuance of the Department of Real Estate public report, or approval of a condominium conversion conditional use permit (CUP)under this Zoning Code, whichever is later.
h. Pest report. Prior to the signing of any binding agreement for purchase, a structural pest report shall be made available to the prospective purchaser. i. Cooling off period. Any tenant or other prospective buyer who signs a binding agreement for purchase shall be released without penalty from that obligation if, within 72 hours, the buyer notifies the seller in writing of his or her desire to rescind the agreement.

6. Application procedure. Condominium conversions shall require approval of a conditional use permit in accordance with Section 18.100.090 conditional use permit of this Zoning Code and approval of tentative and final subdivision maps. a. No condominium conversion shall be permitted in the City unless a CUP has been applied for and granted pursuant to this Zoning Code and tentative and final subdivision maps approved pursuant to local ordinances and State law.

The necessary tentative map shall accompany the application for the CUP. b. No application for a condominium conversion shall be accepted for any project consisting of fewer than 12 contiguous units planned as a single project and constructed within six months of each other. c. This section shall not apply to the conversion of any residential project for which conversion and approved tentative map exists on the effective date of the ordinance codified in this chapter, unless said map should later expire.

7. Application requirements.
a. An application for a condominium conversion CUP shall be filed with the Community Development Director on a prescribed form and shall include the necessary plans and other required information.
b. An engineering report on the general conditions of all structural, electrical, plumbing and mechanical elements of the existing development, including noise insulation, shall be submitted. The applicant shall also submit a report setting forth all repairs and replacements necessary, if any, to immediately place the buildings in substantial compliance with the current California Construction Codes. The report shall be completed to the satisfaction of the Director and made available to prospective buyers if the conversion is approved.

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c. A complete mailing list of all tenants occupying the property and two sets of stamped addressed envelopes. Within ten days of application, the Director will notify each tenant and forward a copy of the engineering report and the list of procedures to be followed.
d. Each application for conversion shall include evidence to the satisfaction of the Director that the notification requirements outlined above have been or will be satisfied.
e. A survey of existing tenants as to their length of occupancy and the number of tenants who have expressed the intention of purchasing one of the units. f. A relocation plan which identifies the steps which will be taken to ensure the successful relocation of each tenant if the conversion is completed. The plan shall include the specific relocation assistance to be given, such as costs relating to physically moving tenants and their possessions, first month's rent in the tenant's new unit, security and cleaning deposits, phone connections and utility deposits.
g. The provision of affordable dwelling units in connection with the condominium conversion shall be governed by the provisions of this section and of Section

18.90.070 density bonus.

8. Required findings. The Planning Commission shall not approve any condominium conversion project without the following affirmative findings:
a. The proposed conversion will not result in a major displacement of existing tenants unable to find comparable housing, and the location of the conversion project and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare. b. The proposed conversion complies with the development standards set forth in this section.
c. The project complies with all applicable local subdivision and zoning ordinances, and the State Subdivision Map Act.
d. Any pattern of unjust evictions, or any unreasonable rent increase or pattern of unreasonable rent increases in the proposed project within 18 months prior to application for a condominium conversion CUP may be grounds for denial of the application.

18.90.070 -Density bonuses.

A. Purpose. The purpose of this section is to allow density bonuses and other affordable housing incentives to qualifying projects in accordance with State law.

B. Density Bonus and Affordable Housing Incentives. The density bonuses and other affordable housing incentives required by State law, including, but not limited to, ATTACHMENT “C” / EXHIBIT 3
Government Code Section 65915 et seq., shall be available to applicants on the terms and conditions specified in State law.

A.

18.90.080 – Accessory dwelling units and junior accessory dwelling units.

A. General.

1. Purpose. The purpose of this section is to allow for the creation, through a ministerial process, of accessory dwelling units and junior accessory dwelling units in accordance with California Government Code sections 65852.2 and 65852.22. Facilitating the development of accessory dwelling units and junior accessory dwelling units will increase the housing options for family members, seniors, low-wage workers, persons with disabilities, students, and others in the community. This section prescribes standards to minimize adverse impacts on the public health, safety, and general welfare associated with the establishment of accessory dwelling units and junior accessory dwelling units.

2. Applicability.
a. Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit and junior accessory dwelling unit approved under this section shall comply with the requirements of this section and of the City's Building Code.
b. An existing residential unit may be designated as an accessory dwelling unit, but not as a junior accessory dwelling unit, at the time that a new primary dwelling is proposed for construction, provided the existing residential unit conforms to all the standards under this section. A junior accessory dwelling unit may be designated as part of the construction of and within a new primary dwelling.

3. Ministerial action. Approval or denial of an accessory dwelling unit or junior accessory dwelling unit under this section is a ministerial action not subject to discretionary review. Such action shall be taken within 60 days of the City receiving a complete application for an accessory dwelling unit permit, as provided on forms established by the Community Development Director and subject to a fee as authorized by City Council resolution.

4. Deemed consistent with density, general plan, and zoning. An accessory dwelling unit or junior accessory dwelling unit that conforms to the requirements of this section shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use consistent with the City of Hawaiian Gardens General Plan and zoning designation for the lot.

5. Effect of conforming. An ADU or JADU that conforms to the standards in this section will not be:

ATTACHMENT “C” / EXHIBIT 3
a. Deemed to be inconsistent with the City's general plan and zoning designation for the lot on which the ADU or JADU is located. b. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
c. Considered in the application of any local ordinance, policy, or program to limit residential growth.

B. Definitions. For purposes of this section:

Accessory dwelling unit or ADU means attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes an efficiency unit as defined in Section 17958.1 of the Health and Safety Code and a manufactured home as defined in Section 18007 of the Health and Safety Code. Also includes multiple accessory dwelling units within portions of existing multifamily structures that are not used as livable space, including, but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with building standards for dwellings.

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

Complete independent living facilities means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

Efficiency kitchen means a kitchen that includes all of the following:

1. A cooking facility with appliances.

2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

Junior accessory dwelling unit or JADU means a residential that satisfies all of the following: (i) it is no more than 500 square feet in size; (ii) it is contained entirely within an existing or proposed single-family structure (an enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure); (iii) it includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure (iv) if the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling; and (v) it includes an efficiency kitchen.

Living area means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

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Nonconforming zoning condition means a physical improvement on a property that does not conform with current zoning standards.

Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

Proposed dwelling means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

Public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

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

C. Approvals. The following approvals apply to ADUs and JADUS under this section:

1. Building permit only. If an ADU or JADU complies with each of the general requirements in subsection D. below, it is allowed with only a building permit in the following scenarios;
a. Converted on single-family lot. One ADU as described in this subsection and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and ii. Has exterior access that is independent of that for the single-family dwelling; and
iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
iv. The JADU complies with the requirements of Government Code Section 65852.22.
b. Limited detached on single-family lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection C.1.a. above), if the detached ADU satisfies each of the following limitations:
i. The side- and rear-yard setbacks are at least four-feet. ii. The total floor area is 800 square feet or smaller. iii. The peak height above grade does not exceed the applicable height limit in subsection D.2. below.

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c. Converted on multifamily lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection C.1.c., at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units. d. Limited detached on multifamily lot. No more than two detached ADUs on a lot that has an existing multifamily dwelling if each detached ADU satisfies both of the following limitations:
i. The side- and rear-yard setbacks are at least four feet if the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.
ii. The peak height above grade does not exceed the applicable height limit provided in subsection D.2. below.

2. ADU permit.
a. Except as allowed under subsection C.1. above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections D. and E. below.
b. The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance. The ADU-permit processing fee is determined by the Community Development Director and approved by the City Council by resolution.

3. Process and timing.
a. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
b. The City must act on an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City does not act upon the completed application within 60 days, the application is deemed approved unless either:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

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c. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection C.3.b. above.
d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

D. Standards applicable to all accessory dwelling units and junior accessory dwelling units. The following requirements apply to all ADUs and JADUs that are approved under subsections C.1. or C.2. above:

1. Zoning.
a. An ADU or JADU subject only to a building permit under subsection C.1. above may be created on a lot in a residential or mixed-use zone. b. An ADU or JADU subject to an ADU permit under subsection C.2. above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

2. Height.
a. Except as otherwise provided by subsections D.2.b. and D.2.c. below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection D.2.d. may not exceed two stories. e. For purposes of this subsection D.2., height is measured above existing legal grade to the peak of the structure.

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2. Fire sprinklers. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

3. Rental term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

4. No separate conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

5. Owner occupancy.
a. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement.
b. Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence. c. As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner- occupancy requirement in this subsection D.5.c. does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

6. Deed restriction. Prior to the issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Community Development Department to the City's satisfaction. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that, among other things:
a. Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling. b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The ADU or JADU cannot be rented out for a term less than 30 days. d. The deed restriction runs with the land and may be enforced against future property owners.
e. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To ATTACHMENT “C” / EXHIBIT 3
remove the deed restriction, an owner may make a written request of the Community Development Director, providing evidence that the ADU or JADU has in fact been eliminated. The Community Development Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal(s) may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
f. The deed restriction is enforceable by the Community Development Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restriction(s) or abatement of the illegal unit.

7. Income reporting. In order to facilitate the City's obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2, the following requirements must be satisfied:
a. With the building-permit application, the applicant must provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
b. Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the City does not receive the report within the 90-day period, the owner is in violation of this Code, and the City may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the City may enforce this provision in accordance with applicable law.

8. Notice of construction.
a. At least ten business days before starting any construction of an ADU or JADU, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
i. Notice that construction has been authorized,
ii. The anticipated start and end dates for construction, iii. The hours of construction,
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iv. Contact information for the project manager (for construction-related complaints), and
v. Contact information for the Building and Safety Department. b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular ADU project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

9. Building and safety.
a. All ADUs and JADUs must comply with all local building code requirements. b. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection D.9.b. prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section
E. Specific ADU requirements. The following requirements apply only to ADUs that require an ADU permit under subsection C.2. above.

1. Maximum size.
a. The maximum size of a detached or attached ADU subject to this subsection E. is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling c. Application of other development standards in this subsection E., such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection E.1.b. above or of an FAR or lot coverage limit or open-space requirement may require the ADU to be less than 800 square feet

2. Floor area ratio. No ADU subject to this subsection E. may cause the total FAR of the lot to exceed 45 percent, subject to subsection (E)(1)(c) above.

3. Setbacks
a. An ADU that is subject to this subsection must conform to a 20 foot front-yard setback, subject to subsection E.1.c. above.

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b. An ADU that is subject to this subsection E. must conform to four-foot sideand rear-yard setbacks. c. No setback is required for an ADU that is subject to this subsection E. if the ADU is constructed in the same location and to the same dimensions as an existing structure.
d. If new construction is an addition to an existing structure, only the addition must comply with the four-foot side or rear setback.

4. Lot coverage. No ADU subject to this subsection E. may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection E.1.c. above.

5. Minimum open space. No ADU subject to this subsection E. may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection E.1.c. above.

6. Passageway. No passageway, as defined above is required for an ADU.

7. Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined above.
b. Exceptions. No parking under subsection E.7.a is required in the following situations:
i. The ADU is located within one-half mile walking distance of public transit, as defined above.
ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection C.1.a. above.
iv. When on-street parking permits are required but not offered to the occupant of the ADU.
v. When there is an established car share vehicle stop located within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections E.7.b.i. through v. above.
c. No replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

9. Architectural requirements.

ATTACHMENT “C” / EXHIBIT 3
a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
c. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
e. The interior horizontal dimensions of an ADU must be at least ten feet wide in every direction, with a minimum interior wall height of seven feet. f. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. g. All windows and doors in an ADU that are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

10.Historical protections. An ADU that is within 600 feet of real property that is listed in the California Register of Historic Resources must do both of the following:
a. Comply with the Secretary of the Interior's objective Standards for Preservation, Rehabilitation, Restoration, or Reconstruction for the Treatment of Historic Properties, as applicable.
b. Be located so as to not be visible from any public right-of-way.

F. Fees. The following requirements apply to all ADUs that are approved under subsections C.1. or C.2. above.

1. Impact fees.
a. No impact fee is required for an ADU that is less than 750 square feet in size.

For purposes of this subsection F.1., "impact fee" means a "fee" under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
ATTACHMENT “C” / EXHIBIT 3

2. Utility fees.
a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. b. Except as described in subsection F.2.a., converted ADUs on a single-family lot that are created under subsection C.1.a. above are not required to have a new or separate utility connection directly between the ADU and the utility.

Nor is a connection fee or capacity charge required.
c. Except as described in subsection F.2.a., all ADUs that are not covered by subsection F.2.b. require a new, separate utility connection directly between the ADU and the utility.
i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. ii. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.

G. Nonconforming Zoning Code conditions, Building Code violations, and unpermitted structures.

1. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

2. Unpermitted ADUs constructed before 2018.
a. As required by State law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
i. The ADU violate applicable building standards, or
ii. The ADU does not comply with the State ADU law (Government Code section 65852.2) or this Section 18.90.080.
b. Exceptions.
i. Notwithstanding subsection G.2.a. above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.

ATTACHMENT “C” / EXHIBIT 3
ii. Notwithstanding subsection G.2.a. above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.

H. Nonconforming ADUs and discretionary approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections A. through G. of this section may be allowed by the City with a conditional use permit, in accordance with the other provisions of this Title.

18.90.090 – Reserved.

18.90.100 – Reserved.

18.90.110 –Accessory uses and structures.

Accessory uses and structures are allowed on parcels developed with a main building or land use, subject to the standards outlined in this section, administrative approval by the community development director under Section 18.100.040 and any other applicable regulations in this Zoning Code.

A. Allowed accessory structures. Accessory structures allowed in each zone are listed in the tables of permitted uses in Section 18.40.070 uses permitted in residential zones, Section 18.55.020 uses permitted in mixed-use zones, and Section

18.60.050 uses permitted in non-residential zones.

B. Allowed accessory uses. Accessory uses are allowed in residential, mixed-use, commercial or public facilities zones, when the proposed accessory use is incidental and subordinate to the principal use of the land or building and complements the primary use of lot.

C. Part of main building. Accessory buildings may be considered part of the main building if connected by a common wall of at least five feet in length and if not more than 20 feet from the main building and connected thereto by a roof of at least five feet in width.

D. Reverse corner lot. No accessory building or structure on the rear of a reverse corner lot in the residential zones shall be nearer to the side lot line on the street side of the lot than the front yard depth required on the adjacent lot in the rear.

E. Building materials. Accessory structures shall be constructed as permanent structures and shall not utilize tarp, corrugated steel, used or recycled materials or other building remnants, fabric, or canvas for walls or roof components. The structural design of all structures shall be of a conventional wood or metal frame construction meeting industry standards. The exterior finish shall not have exposed rough lumber and shall have a minimum of a stucco application, wood siding or similar material.

ATTACHMENT “C” / EXHIBIT 3
F. Accessory structure location. Accessory structures shall not be located in front of the primary dwelling unit(s) on a lot unless otherwise specified.

18.90.120 – Vision clearance area.

This section provides standards for the provision of vision clearance areas at the corners of intersecting streets, alleys, and private driveways that are kept free of obstructions, such as fences, hedges, trees, shrubs, walls, or other objects that limit visibility for turning vehicles.

A. Visibility clearance required. Corner lots in all zoning districts shall be developed in a manner that ensures visibility across the corners of the intersecting streets, alleys, and private driveways.

B. Vision clearance area described. The vision clearance area shall be described as a triangular-shaped area on a corner lot formed by measuring the prescribed distance from the intersection of the front and street side property lines, an intersecting alley, or an intersecting driveway and connecting the lines diagonally across the property making a 90-degree triangle.

C. Area of vision clearance area. The dimensions of a vision clearance area triangle shall be as follows:

1. Fifteen feet from the intersection of two street rights-of-way or a street right-ofway and an alley;

2. Fifteen feet from the intersection of two alleys; and

3. Five feet from the corner of an intersecting street right-of-way and a driveway in all non-residential zones.

D. Height limitation. Fences, hedges, walls, signs, structures, shrubbery, mounds of earth, or other visual obstructions over 36 inches in height, and tree canopies or other visual obstructions that hang lower than 48 inches from the ground, as measured from adjacent street curb elevation, shall not be erected, placed, planted, or allowed to grow within the vision clearance area.

ATTACHMENT “C” / EXHIBIT 3
E. Exemption. Proposed improvements, structures, or vegetation that exceed the 36- inch height limit may be allowed in the vision clearance area by the Community Development Director, if the Director of Public Works determines that the location and/or height of the existing or proposed hedge, shrubbery, structure or other obstruction within the vision clearance area allows for the unobstructed view of oncoming traffic, bicyclists, and pedestrians by a driver approaching an intersection or juncture between street and private driveway.

F. Depiction on plans required. The vision clearance area shall be shown on landscaping plans, grading plans, and tentative tract maps when required by the Community Development Director.

18.90.130 – Outdoor dining.

A. Outdoor dining areas on private property are allowed subject to the following standards. Outdoor dining areas on public property shall require approval of an encroachment permit and shall be subject to the conditions of the permit.

1. Minor use permit required. Approval of a minor use permit shall be required in order to establish, add, or expand an outdoor dining area.

2. Alcoholic beverage sales. Areas in which alcoholic beverages are served shall comply with the standards established by the State Department of Alcoholic Beverage Control.

3. Parking. Outdoor dining area parking requirements shall be in compliance with Section 18.70.010 parking and loading requirements for food service establishments. Outdoor dining areas within the public right-of-way shall be included for purposes of calculating the required number of parking spaces.

4. Clean-up facilities. Outdoor dining areas, whether part of a single food service establishment or shared by several food service establishments, shall be cleaned on a continual basis for removal of litter and food items. Outdoor dining areas shall contain waste receptacles, which shall not be allowed to overflow, for use by the public and/or restaurant employees.

5. Compatibility. To ensure compatibility with surrounding uses and a high standard of quality, the following standards shall apply:
a. Outdoor dining areas and associated structural elements, awnings, covers, furniture, umbrellas, or other physical elements that are visible from public rights-of-way, shall be compatible with the character of the main structure(s). b. Outdoor dining areas shall not provide outdoor entertainment or amplified music.
c. Outdoor dining areas shall not obstruct vehicular or pedestrian traffic flow and not necessitate the removal of existing pedestrian or vehicular movement or parking areas.

ATTACHMENT “C” / EXHIBIT 3
d. Appropriate barriers shall be placed between outdoor dining areas and parking, traffic, and public and private streets and shall serve only to define the areas and not constitute a permanent all-weather enclosure.

18.90.140 – Child day care facilities and centers.

This section provides standards for the location and operation of day care facilities for children. These standards shall apply in addition to requirements imposed by the California Department of Social Services.

A. Small family child day care homes (eight or fewer children). As required by State law (see Health and Safety Code Section 1597.30 et seq., family day care homes), small family child day care homes (eight or fewer children) shall be considered a residential use of property and shall be allowed within a single-family residence located in a residential zoning district with no City land use permits or clearances required.

B. Large family child day care homes (nine to 14 children). Large family child day care homes (nine to 14 children) shall comply with the following standards:

1. Licensing. The operator of a large family child day care home shall obtain and maintain a valid license from the California Department of Social Services in compliance with California Code of Regulations, Title 22, Division 12 (child care facility licensing requirements).

2. Care provider's residence. The large family child day care home shall be the principal residence of the care provider and the use shall be clearly residential in character and shall be incidental and secondary to the use of the property as a residence.

3. Fencing. A six-foot high solid decorative fence or wall shall be constructed on all property lines, except in the front setback area or within a corner cutoff intersection area. Fences or walls shall provide for safety with controlled points of entry.

4. Other codes and standards. Each large family child day care home shall comply with applicable Building Code and Fire Code standards and all State standards for the operation of large family child day care homes.

5. Separation. A large family child day care home within a residential zoning district shall be located at least 500 feet away from an existing large family child day care home, other day care facility, or group home facility.

6. Off-street parking and drop-off/pick-up area.
a. A facility shall provide an off-street parking space for each employee. A minimum of two off-street parking spaces shall be provided as a drop-off and pick-up area. The spaces shall be in addition to those required for the dwelling unit. A driveway may be used to provide the spaces, provided that ATTACHMENT “C” / EXHIBIT 3
the City Engineer approves the arrangement based on traffic and pedestrian safety considerations.
b. A facility located on a through street classified as a collector or arterial street shall provide a drop-off and pick-up area that does not require backing into the street.

7. Noise. In order to protect adjacent residential dwellings from noise impacts, a facility within a residential district may only operate a maximum of 14 hours for each day between the hours of 6:00 a.m. and 8:00 p.m. and may only conduct outdoor activities between the hours of 7:00 a.m. and 7:00 p.m.

8. Permit processing requirements. A minor use permit application may be approved if it is determined that the proposed large family child day care home would comply with the standards in this subsection B.

C. Standards for child day care centers (15 or more children). Child day care centers shall comply with the following standards, in addition to the standards contained in subsection B. standards for large family child day care homes, above:

1. Parcel size. The minimum parcel size for a child day care center shall be 10,000 square feet.

2. Separation. The minimum separation between the main assembly building of the center and a residential zoning district shall be 50 feet.

3. Play areas. Each facility shall have both indoor and outdoor play areas in compliance with State requirements. An on-site outdoor play area of not less than 75 square feet per child, but in no case less than 450 square feet per facility, shall be required. The outdoor play area shall not be located in the front yard. A six-foot high fence shall enclose any outdoor play area.

4. Off-street parking and drop-off/pick-up standards. Each facility shall provide an off-street parking space for each employee and a separate, off-street parking space for dropping-off and picking-up children in compliance with Section

18.70.010 parking and loading requirements. The design of the drop-off and pickup area shall not require backing into any street.

18.90.150 – Garage and yard sales.

A. Regulations. An occupant of a residential property may hold garage or yard sales subject to the following:

1. Garage and yard sales shall only be held a maximum of six times per calendar year and each garage and/or yard sale shall last no longer than three consecutive days.

2. No new goods, wares, or merchandise shall be offered for sale or sold at that property other than those owned exclusively by the owner, tenant, or occupant of ATTACHMENT “C” / EXHIBIT 3
the residence. The sale inventory shall not include goods ordered or purchased in contemplation of conducting such a garage or yard sale.

3. Sales shall commence no earlier than 7:00 a.m. and end by 5:00 p.m. each day.

4. Signs, billboards, placards, or other forms of advertisement of such sale shall conform to the provisions of the sign regulations set forth in Section 18.90.050 signs and advertisement of this Zoning Code. Signs shall be removed upon termination of the garage or yard sale.

5. Estate sales shall last no more than three consecutive days.

6. No goods, wares, merchandise, or advertising shall be placed or displayed in the public right-of-way.

18.90.160 – Multiple tenant occupancies.

A. Regulations. The primary tenant occupying an individual tenant space may have additional tenants which share the same tenant space subject to the following:

1. The primary tenant shall be defined as the primary leaseholder or property owner (if occupied by the property owner) of the tenant space.

2. The minimum gross floor area of the individual tenant space shall be at least 1,000 square feet.

3. The primary tenant shall occupy at least 50 percent of the gross floor area.

4. Additional tenants shall not utilize more than 500 square feet per additional tenant.

5. The maximum number of tenants in an individual tenant space less than 40,000 square feet of gross floor area shall be six, which includes the primary tenant and five additional tenants.

6. The maximum number of tenants in an individual tenant space 40,000 square feet of gross floor area and larger shall be nine, which includes the primary tenant and eight additional tenants.

7. If the use type of an additional tenant has a greater off-street parking requirement than the primary tenant in accordance with Section 18.70.010 parking and loading requirements a parking analysis shall be required.

8. Additional tenant use types shall be compatible to the primary tenant's use type.

The determination of compatibility shall be at the discretion of the Community Development Director.

ATTACHMENT “C” / EXHIBIT 3
ATTACHMENT “C” / EXHIBIT 3
Chapter 18.100 – ADMINISTRATION

18.100.005 – Purpose.

The issuance of permits, enforcement of standards, and correction of violations are major components in achieving the goals and purposes of this Zoning Code. This chapter sets forth the procedures for processing development review applications and the criteria and conditions necessary so that an appropriate decision may be made by the City on each application.

18.100.010 – Authority.

A. Permits. No permit or license shall be issued by the City if the proposed project does not comply with the applicable provisions of this Zoning Code. It is the duty of the property owner to ensure that all required permits are obtained before any work is done.

B. Filing of fees. The City Council shall, from time to time, by resolution, adopt or modify a schedule of filing fees to be paid by the applicant to the City to defray the reasonable expenses for processing development applications, discretionary permits, hearings, extensions, appeals or other cost incidental to the several procedures contained in this Zoning Code.

C. Decision-making authority. The following table specifies the decision-making authority for each of the various actions described in this Chapter. The letters/symbols in the columns beneath the decision-making body mean the following:

1. X = Body provides final approval or decision on the application or permit.

2. R = Body provides recommendation only.

3. A = Body considers appeals to decisions.

DECISION-MAKING AUTHORITY
Permit Decision-Making Body Public
Hearing
Required?

CDD PCC CC
Administrative Approval
Decision X No
Appeal A A Yes
Sign Permit (subject to Administrative Approval)
Decision* X No
Appeal A A Yes
ATTACHMENT “C” / EXHIBIT 3
Site Plan Approval
Decision* X No
Appeal A A Yes
Minor Use Permit
Decision* X No
Appeal A A Yes
Home Occupation Permit
Decision X No
Appeal A A Yes
Temporary Use Permit
Decision X No
Appeal A A Yes
Minor Exception
Decision* X No
Appeal A A Yes
Planned Development
Decision R R X Yes
Appeal
Conditional Use Permit
Decision R X No
Appeal A Yes
Variance
Decision R X Yes
Appeal A Yes
Specific Plan
Decision R R X Yes
Appeal
Zone Change/Zoning Code Amendment
Decision R R X Yes
Appeal
General Plan Amendment
ATTACHMENT “C” / EXHIBIT 3
Decision R R X Yes
Appeal
CDD = Community Development Direction; PC = Planning Commission; CC = City Council
* Director may refer such application to the Planning Commission for consideration.

Note: A recommendation or decision before the Planning Commission or the City Council requires a public hearing, while a decision by the Community Development Director does not. See Section 18.100.020(E) for noticing requirements for public hearings.

D. Actions by decision-making authority. The decision-making authority shall make one of the following actions on each application:

1. Approval. After the action's effective date (as defined in Section 18.100.020(K) effective date) and approval of any required plan revisions, the proposed land use plan or development may be established in compliance with all applicable regulations and the approved project plans and specifications.

2. Conditional approval. Any application may be approved subject to compliance with specified conditions. Conditions may require dedication of land, installation of improvements, the posting of financial security to guarantee performance, design modifications, or other conditions necessary to achieve the objectives of the general plan and this Zoning Code. After the action's effective date (as defined in Section 18.100.020(K) effective date) and after approval of any required plan revisions, the proposed land use or development may be established in compliance with all applicable regulations, the approved project plans and specifications, and the requirements of the conditions of approval.

3. Denial. An application may be denied if the required findings cannot be made.

When an application has been denied, an application for the same or a similar use on the same property shall not thereafter be accepted for a period of one year from the date of final determination. Applicant options include filing of an appeal with the same plan or submission of a new application that features substantial changes to the previous proposal.

18.100.020 – Administrative procedures.

A. Applicable State law. It is intended that the provisions of this chapter shall be consistent and in full compliance with the Permit Streamlining Act (Section 65920 et seq.) and as subsequently amended, as well as other applicable sections of the State Government Code.

B. Application filing. An application for a permit or other entitlement under this Zoning Code may be submitted only by the property owner of the subject property, by an agent with written authorization from the property owner, or by a public agency.

ATTACHMENT “C” / EXHIBIT 3
C. Application forms. Applications shall be filed with the Community Development Department on forms prescribed by the Director, together with: (1) all maps, plans, documents and other materials required by the Director, and (2) all required filing fees. The Department shall provide the necessary forms and filing instructions specifying all materials and fees required to any requesting person at no charge.

1. Ownership. Any procedure provided for in this Chapter may be initiated by application of the owner of any real property in the City directly affected by the procedure, or his/her authorized agent. The Community Development Director shall request proof of ownership or authorization prior to acceptance of any application.

2. Filing fee. A filing fee shall accompany each application as set forth by resolution of the City Council. Until all applicable fees or deposits have been paid, the City shall not begin review of an application. The City is not required to continue processing an application unless its fees are paid in full. Failure to pay fees is grounds for determination that the application is incomplete. No action will be made until the required fee is received by the City.

3. Application package. Required information for applications includes, but is not limited to:
a. Name, address and telephone number of applicant.
b. Name and address of property owners.
c. Address and Assessors' parcel number of property.
d. Legal description of property.
e. Map of property and surrounding area.
f. Plot plan/site plan drawn to scale* and including:
i. Topography and proposed grading;
ii. Existing and proposed structures;
iii. Yards and setbacks and all spaces between buildings; iv. Access driveways and parking areas: number of spaces, circulation flow, curb openings, loading areas;
v. Location of pads;
vi. Designated parking areas and dimensions of spaces and aisles; vii. Location of permanent buildings and structures;
viii. Parks, open space and recreation areas;
ix. Fencing and walls: location, height and materials;
x. Signs: location, size, height, material and method of illumination; ATTACHMENT “C” / EXHIBIT 3
xi. Lighting: general nature, location, and hooding devices (not including interior building lighting);
xii. Trash storage locations;
xiii. Dimensions;
xiv. North arrow and scale;
xv. Name and signature of professional planner, engineer or architect. g. Elevation drawings of permanent buildings.
h. Floor plans and sections.
i. Proposed landscaping (with irrigation system, type and size of plants, and parking areas).
j. Phasing of development.
k. Facility improvements (such as curbs, gutters, sidewalks and street widths). l. Proposed utilities and infrastructure.
m. Water supply system.
n. Drainage plans.
o. Sewage connection.
p. Public utility poles and connections.
q. Certificate of concurrency from service providers.
r. Proof of provision of maintenance of common areas.
s. Engineering plans.
t. Photographs and exterior drawings.
u. Materials sample board.
v. Mailing labels for owners surrounding the property within a 300-foot radius or other radius as determined by the Community Development Director for applications requiring a public hearing.
w. Affidavit certifying the mailing list was obtained from the most recent roll of the Los Angeles County Tax Assessor and taken no longer than 90 days before the date of application.
* Plans shall be provided on a minimum of 24-inch by 36-inch paper, and drawn with a minimum scale of one foot equals one-quarter inch. Smaller projects may be drawn on smaller sheets of paper and at a lower scale as approved by the Community Development Director.

The Director, in his or her discretion, may waive one or more of the above items or may require other pertinent information from the applicant, as needed. In ATTACHMENT “C” / EXHIBIT 3
addition to the hard copy of the above requested information, an electronic file may be required, as determined by the Community Development Director.

4. Complete application. Within 30 days of submission of the application, the Community Development Department shall notify the applicant if the application is complete or if any other materials or requirements are needed. No application shall be considered complete until all adequate forms are filed, the required fee is paid, and additional information as required by the Community Development Director, is received. The Community Development Director shall determine when an application is complete.

5. Environmental review.
a. When it is determined by the Community Development Department that an environmental impact report or initial study/negative declaration is needed for a project, the application for that proposal shall not be deemed complete until the applicant has submitted to the Community Development Department the necessary environmental documents and sufficient funds to pay for the cost of environmental processing. The Community Development Director shall determine the amount of funds to be deposited and shall advise the applicant of that amount within ten days after the application is filed. b. On larger projects, the Community Development Director may require the applicant to provide its own environmental documents, as prepared by a professional consultant under the lead and direction of the City. c. The Community Development Director shall grant CEQA exemptions on projects that are exempt from the CEQA compliance process in accordance with Section 21080 of the Public Resources Code. Pursuant to Section 21080 of the Public Resources Code, projects subject to only administrative approval are exempt from the California Environmental Quality Act (CEQA) compliance process. The Community Development Director shall grant CEQA exemptions on qualifying projects.

6. Pre-application. An applicant, developer, property owner or other authorized agent may request a pre-application meeting with the Community Development Department to discuss the application and processing requirements that may be applicable to a specific site or project.

7. Revised plans. Revised plans shall not be accepted for consideration within ten days prior to a public hearing on the proposed development. Changes in development plans, which affect a condition of approval or significantly change the scope of the project, shall be treated as a new application.

D. Combined applications. Applications for different types of actions may be processed concurrently with the combined fee deposits for each application, as long as all applicable processing requirements and all required findings are satisfied. In addition:

ATTACHMENT “C” / EXHIBIT 3

1. When an application requiring a public hearing is combined with one not requiring a public hearing, the combined application shall require a public hearing.

2. The final decision on the combined application shall be made by the highest applicable decision-making authority pursuant to Section 18.100.010 authority, above.

E. Notifications. Public notice of applications for permits under this Zoning Code shall be made in accordance with the Hawaiian Gardens Municipal Code and as provided in the table below and the following requirements:

PUBLIC NOTIFICATION
Permit Owner
and
Applicant
Properties
Within
300-Foot
Radius
Public
Agencies
and
Utilities
Local
Newspaper
Administrative Approval X
Sign Permit (subject to
Administrative Approval)
X
Appeals X X X X
Site Plan Approval X
Minor Use Permit X X*
Home Occupation Permit X
Temporary Use Permit X X*
Minor Exception X X*
Planned Development X X X X
Conditional Use Permit X X X X
Variance X X X X
Specific Plan X X X X
Zoning Code Amendment X X X X
Zone Change X X X X
general plan Amendment X X X X
* The Community Development Director may notify residents or property owners near the subject property if the Director determines on a case-by-case basis that the public interest would be served by such notification.

ATTACHMENT “C” / EXHIBIT 3

1. A public hearing or public notification is not required for administrative actions and the issuance of permits/approvals by the Director, although the Director may notify residents or property owners near the subject property if the Director determines on a case-by-case basis that the public interest would be served by such notification.

2. For permits/approval by the Planning Commission and the City Council, upon acceptance of a complete application, the Community Development Director shall distribute public notice of the application and set the matter for public hearing, if required for the application. The notice shall be mailed pursuant to requirements under State law before the hearing date to the following:
a. The owners of properties within 300 feet of the subject property. b. The property owner and the project applicant.
c. City public officers, departments, and/or public service and utility agencies that, in the determination of the Community Development Director, could be affected by the application or otherwise require noticing. d. Anyone filing a written request and paying the cost for notification and to such other persons whose property might, in the Community Development Director's judgment, be affected by the proposed application. e. The notice shall be advertised in a newspaper circulated within the City of Hawaiian Gardens at least ten days before the hearing date. f. A notice shall be posted at locations prescribed by the Hawaiian Gardens Municipal Code. The Community Development Director may post at additional locations if the Director decides they are best suited to reach the attention of, and properly inform those persons who may be affected.

3. When a negative declaration or environmental impact report (EIR) is needed pursuant to the California Environmental Quality Act (CEQA), a notice of intent to adopt a negative declaration shall be published no less than 20 days prior to the hearing date, or 30 days prior to the hearing date for applications that require circulation of the negative declaration to the State Clearinghouse. The processing for the EIR will be subject to the provisions for the required review periods for the notice of preparation, notice of completion and availability of responses to comments, prior to certification of the EIR. The necessary environmental review process shall be conducted during the plan review of the project and shall be completed prior to the public hearing at which a decision on the project would be made.

4. The notice shall include the following:
a. Time and place at which the application will be heard; b. Identity of the hearing body or officer;
ATTACHMENT “C” / EXHIBIT 3
c. Nature of the application (including but not limited to the name of the applicant, the file number assigned to the application, location of the property under consideration and a brief description of the development); d. Brief description of the general procedure of the City of Hawaiian Gardens concerning the conduct of hearing and local actions; and e. A statement that any interested person may submit in writing or appear in person or by agent and be heard.

F. Public hearings.

1. Conduct of hearings. Public hearings before the Planning Commission and City Council shall be conducted in accordance with the rules and procedures established by the City and applicable State law.

2. Continuance. If, for any reason, testimony on a case cannot be heard or completed at the time set for such hearing, the Planning Commission may continue or extend the hearing to another time. Before adjournment or recess, the chair of the Planning Commission shall publicly announce the time and place at which the hearing will be continued.

G. Withdrawal of application. An applicant may request withdrawal of the application at any time during the permit process. When an application is withdrawn in writing, such action is effective immediately and is not subject to appeal. Thereafter, such application shall be null and void and the property shall have the same status as if no application had been filed. Refund of fees will be regulated by the fee schedule established by the City Council.

H. Conditions of approval. As part of an action on an application, the decision-making authority may impose more restrictive site development standards than set forth in this Zoning Code, in order to make the required findings for each type of permit. All conditions of approval shall be binding upon the applicants, their successors and assigns and shall run with the land, unless otherwise specifically stated in the permit.

I. Action in writing. The decision on each application, including any required findings and any other reasons that serve to explain the determination plus all conditions of approval shall be in writing. A copy of the written determination shall be forwarded to the applicant within ten days of the date of final determination and shall be made available at cost to any other person requesting such a copy.

J. Council review of commission actions.

1. For applications where the Planning Commission has decision-making authority, the Community Development Director shall notify the City Council of the decisions/actions on items on the Planning Commission agenda, within two days of the Planning Commission public hearing.

ATTACHMENT “C” / EXHIBIT 3

2. Any Council member may request that the Planning Commission decision be considered by the City Council within ten days of the Commission decision, by notifying the City Clerk and/or the Community Development Director.

3. The Planning Commission decision on the application is stayed pending the City Council hearing.

4. Notification and conduct of the hearing before the City Council to consider the application shall be made in accordance with subsections E. and F. of this section.

5. The consideration by the City Council will serve as the appeal process for the project, in accordance with Section 18.100.170 appeals. This process shall be completed within 45 days of the Planning Commission decision.

6. The decision of the City Council shall be final, after which no other appeal will be considered.

K. Effective date. Approval shall not take effect for any purpose until the applicant has filed an affidavit accepting all of the conditions set forth in the letter of approval, including the list of conditions and at least ten days after the date of decision is made and after all appeals, if any, have been acted on, per Section 18.100.170 appeals.

L. Permit expiration. Permits issued under this Zoning Code shall lapse and become void after the expiration dates listed below, unless prior to the expiration date, an extension is issued for the use or structure that was the subject of the permit.

1. Administrative approval - one year if not used.

2. Site plan approval - one year if not used.

3. Minor use permit - one year if not used, 180 days after use ceases.

4. Home occupation permit - one year if not used, 180 days after use ceases.

5. Temporary use permit - based on permit conditions for the temporary use.

6. Minor exception - one year if not used.

7. Conditional use permit - one year if not used, 180 days after use ceases.

8. Variance - one year if not used.

9. Zone change - none.

10.Zoning Code amendment - none.

11.Specific plan - none.

12.Development agreement - none.

13.Master development plan - one year if not used.

14.General plan amendment - none.

ATTACHMENT “C” / EXHIBIT 3
Expiration limits shall not apply to temporary closures for no more than 30 days for purposes of repair, provided the repair does not change the nature of the land use and does not increase the floor area of the business or for closures needed for the restoration of the structure due to an act of God or accident, if the restoration does not increase the floor area of the structure. Expirations of unused permits shall not apply when a valid building permit has been issued and construction has been diligently pursued or a certificate of occupancy has been issued, provided that once a building permit has been issued and construction is completed within one year. Otherwise, the building permit shall expire due to failure to complete. The expiration of permits obtained under this Zoning Code or the expiration of the building permit for the project shall cause any other permits issued under this Zoning Code for the subject property to become void and invalid.

M. Permit extension. Extension of unused permits may be granted by the decisionmaking authority without notice or public hearing for up to one additional year, if the decision-making authority determines that findings made and conditions imposed on the original approval still apply. Application for renewal shall be made in writing no less than 30 days or more than 60 days prior to the lapse of the original approval.

Fees and charges for processing a permit extension shall be paid at the time of filing the permit extension, in accordance with the City's fee schedule, as set forth by resolution of the City Council.

18.100.030 – Site plan review and approval.

A. Purpose. The purpose of the site plan review process is to ensure that:

1. Development in the City is consistent with the general plan, this title, and other regulations, plans and policies of the City;

2. Development in the City contributes to the long-term attractiveness of the City;

3. Development in the City contributes to the economic vitality of the community by ensuring compatibility of development throughout the community; and

4. Development in the City contributes to the public safety, health, and general welfare.

B. Applicability.

1. Site plans review required. Except as otherwise provided below, a site plan review is required for all development applications in the City. Development applications that require other permits shall be subject to site plan review and approval as part of the overall permit process.

2. Overlay zones. Developments in areas with an overlay zone are subject to site plan review and approval. These include:

ATTACHMENT “C” / EXHIBIT 3
a. Card club overlay zone. All site plans for development within the card club overlay zone require site plan review and shall conform to the standards outlined in Section 18.80.010 CC—card club overlay zone and the approved site plan for the project.
b. Specific plan. Proposed development within an approved specific plan require site plan review and approval by the Community Development Director and shall conform to the standards of the approved specific plan for the site.

Approval of a specific plan or amendment to an approved specific plan requires consideration by the City Council and is subject to the regulations under Section 18.100.110 specific plans below.
c. Planned developments. All site plans for planned development projects within the PD (planned development overlay zone) require site plan review and approval and shall comply with the following.

3. Proposed planned developments or amendments to planned development shall conform to the standards outlined in Section 18.80.020 PD—planned development overlay zone and any previously adopted master development plan for the site.

4. Planned development projects or amendments to approved planned developments shall be required to submit application forms, plans, and other documents, as specified under Section 18.100.020 administrative procedures. In addition, the applicant shall submit a master development plan that includes the development concept, proposed uses, designated areas for each use, development standards for each use, development phasing, circulation and infrastructure improvements, disposition of public facilities, availability of public and utility services, and covenants, conditions and restrictions (CC&Rs).

5. Planned development applications or amendments to approved planned developments shall require a conditional use permit through a public hearing before the Planning Commission. However, proposed development within an approved planned development that conforms to the standards of the approved master development plan for the site, will only require site plan review and approval by the Community Development Director.

6. The approval of the planned development shall be subject to the site plan standards and review criteria in subsections D. and E. of this section, except for compliance with the minimum development standards (i.e., building height, density, setbacks, lot coverage, etc.) of the underlying zone as provided in Chapter 18.40 residential zones, where the approved master development plan conflicts with these standards.

7. The approved site plan and development standards for the planned development application shall be considered as the master development plan for the project site.

ATTACHMENT “C” / EXHIBIT 3

8. The master development plan shall regulate future development, major rehabilitation, or alterations of the structures and improvements on site, subject to subsequent site plan review and approval by the Community Development Director.

C. Approving authority.

1. Community Development Director. The Community Development Director shall consider all applications for site plan review. The Director has the authority to approve, conditionally approve or deny a site plan application, based upon the findings listed below.

2. Planning Commission. The Community Development Director shall refer specific types of projects to the Planning Commission in accordance with guidelines established by the Planning Commission. Any site plan review referred to the Planning Commission shall be reviewed using the procedures established for a public hearing.

3. City Council. The City Council shall have the appeal authority for site plan review and approval by the Planning Commission.

D. Site plan standards. Site plan review shall ensure the compliance of individual developments with the applicable standards provided in this Zoning Code, including those in Section 18.50.100 residential design guidelines, Section 18.55.010 standards for mixed-use development, and Section 18.70.090 non-residential design guidelines.

E. Required findings. The approval of site plans shall include the following findings:

1. The proposed development is compatible with adjacent development and development in the area;

2. The proposed development is consistent with the general plan, this Zoning Code, and other adopted City plans, policies and standards;

3. Building design and landscape materials are consistent with the design standards and guidelines in this Zoning Code; and

4. Building or buildings may be developed across a property line, provided the affected lots are legal parcels of record and are owned by the same property owners and would be merged as one parcel as part of the application and for the determination of development standards.

F. Approval. A site plan may be approved, conditionally approved, denied or approved subject to conditions relating to improvements both on-site and off-site and the following conditions:

1. If the proposed site plan would not be compatible with the surrounding area, or would unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes, or would endanger the public ATTACHMENT “C” / EXHIBIT 3
peace, health, safety or general welfare, such plan shall be denied or shall be modified or conditioned before approval so as to remove such objections.

2. The Community Development Director and Planning Commission may also consider and take into account the exterior architectural design, general exterior appearance, landscaping, texture of surface materials and exterior construction, shape and bulk, and other physical characteristics, including the location and type of public utility facilities; and, if it is found that the proposed site plan, including the considerations enumerated, would interfere with the orderly development of the City, such site plan shall be rejected or shall be so modified or conditioned before approval so as to remove such objections. These changes may include:
a. A revised site plan;
b. Reduced building height, bulk or mass;
c. Increased setbacks;
d. Changes in building materials;
e. Changes in roof lines;
f. Increased useable open space;
g. Increased screening of garages, trash receptacles, mechanical equipment, etc.;
h. Increased landscaping;
i. Change in color; or
j. Any other changes or additions that the City feels necessary to further the goals of the site plan review process.

3. Any site plan, after approval, shall be amended through the same procedure as in the initial approval of such site plan; except that minor alterations or modifications to a previously approved site plan may be approved by the Community Development Director; provided that, in the judgment of the Community Development Director, such modifications or alterations do not represent deviations of a substantial nature.

18.100.040 – Administrative review and approval.

A. Purpose. To ensure that all provisions of this Zoning Code are followed, the Community Development Director shall issue an administrative approval for all new construction, replacement, alteration, renovation, and demolition projects in accordance with the regulations below.

1. If no specific permits are needed under this Zoning Code, the administrative approval shall be required prior to:
a. Issuance of a building permit;
ATTACHMENT “C” / EXHIBIT 3
b. Use of a property;
c. Change in the use of an improved or unimproved property; d. Change in the occupancy of a property;
e. Issuance of a license or permit concerning use of a property.

2. Administrative approvals are required for demolitions, renovations and alterations that do not result in a change or introduction of a new land use, as well as for some projects that may not lead to an increase in the floor area of the existing structure. These include, but are not limited to:
a. On-site walls and fences;
b. Demolition of a structure;
c. Sculptures, fountains and other similar improvements; d. Normal repairs and maintenance of an existing building or structure; and e. Interior alterations that do not affect the external dimensions of an existing building or structure, unless the alterations are made to change the use or type of occupancy within part or all of the altered building or structure. f. An accessory dwelling unit or junior accessory dwelling unit under Section

18.90.080.

B. Processing. Permit processing and approval of an administrative approval shall follow the procedures shown in Figure A.

C. Required findings. An administrative approval may be granted only if all of the following findings can be made regarding the proposal and are supported by the record:

1. That the granting of the proposed administrative approval will not:
a. Be detrimental to the public health, safety, and general welfare; b. Adversely affect the established character of the surrounding vicinity and planned uses; nor
c. Be injurious to the uses, property, or improvements adjacent to, and in the vicinity of, the site upon which the proposed use is to be located.

2. That the granting of the proposed administrative approval is consistent and compatible with the intent of the goals, objectives and policies of the City of Hawaiian Gardens General Plan.

3. That all conditions necessary to mitigate the impacts of the proposed use are conditions that are measurable and can be monitored and enforced.

4. That all requirements for a specific use have been addressed by the applicant.

ATTACHMENT “C” / EXHIBIT 3
D. Burden of proof. The applicant has the burden of proving that the proposed use meets all of the criteria set forth in subsection C. required findings for administrative approvals above.

E. Approval. The community development director may grant an administrative approval, approve with additional requirements, or require modification of the proposal to comply with specified requirements or local conditions.

F. Denial. The Community Development Director may deny an application for an administrative approval if any of the required findings are not supported by evidence in the record as determined by the Community Development Director.

ATTACHMENT “C” / EXHIBIT 3

FIGURE A

ADMINISTRATIVE APPROVAL PROCESS

18.100.050 – Minor use permit.

A. Purpose. Certain land uses are relatively minor in nature and with relatively little potential for adverse impacts on the surrounding community or the environment.

These uses are subject to approval of a minor use permit by the Community Development Director.

B. Application. Applications for minor use permits shall be submitted for uses allowed as minor uses in the applicable zone, as listed in Section 18.40.070 permitted uses in residential zones, Section 18.55.020 uses permitted in missed-use zones, and Section 18.60.050 permitted uses in non-residential zones.

ATTACHMENT “C” / EXHIBIT 3
C. Processing. The Community Development Director may approve a minor use permit, approve with conditions, or deny the permit. Permit processing and approval of a minor use permit shall follow the procedures shown in Figure B.

D. Recommendation and decision. The Community Development Director shall consider all applications for minor use permits, whose decision is final, unless an appeal is filed to the Planning Commission in accordance with Section 18.100.170 appeals below.

E. Required findings. In granting a minor use permit, the Director shall make the following findings:

1. That the proposed use is consistent with the general plan;

2. That the proposed use is not contrary to the objectives of this Zoning Code or to the objectives of the applicable regulations;

3. That the proposed use will be located, operated, and maintained in a manner consistent with the policies of the general plan and the provisions of this Zoning Code;

4. That the proposed use will not be detrimental to the property or improvements in the surrounding area or the public health, safety, or general welfare.

ATTACHMENT “C” / EXHIBIT 3

FIGURE B

MINOR USE PERMIT PROCESS

18.100.060 – Minor exceptions.

A. Purpose. Minor exceptions allow for variations in the specific development standards of the applicable zoning regulations or the requirements outlined in this Zoning Code. The Community Development Director shall have the authority to approve minor exceptions to the requirements and provisions of this Zoning Code, subject to the regulations below.

B. Criteria. A variation from specific development standards of the zoning regulations shall be known as a minor exception if it does not exceed the criteria outlined below.

1. Criteria. Minor exceptions may be granted and are limited to only one of the following criteria. For applicants proposing exceptions greater than one of the following criteria, the procedures for a variance shall be followed:

ATTACHMENT “C” / EXHIBIT 3
a. Projection of incidental architectural embellishments or structural appurtenances into required setback areas by not more than 20 percent; provided, that such projection does not violate fire, housing, or building codes. b. Increase in the allowable height of a building up to a maximum of five additional feet in a "C-4", “MU-1”, “MU-2”, or "M-1" zone; and up to a maximum of three additional feet in a residential zone for the purpose of permitting cupolas, spires, turrets or other design features consistent with the architectural style of the building.
c. Off-site parking facilities, where the following conditions are met:
i. The parcels containing the use and the off-site parking are under common ownership or appropriate agreements with the property owner of the parking parcel are established prior to approval of the off-site parking facility.
ii. The parcel to be used for parking is not separated or divided from the building or use it is intended to serve by Carson Street, Norwalk Boulevard, other major highway, Coyote Creek or the Artesia-Norwalk Storm Drain Channel.
iii. For hospitals, large group homes, institutions, rooming and lodging houses, adult retirement homes, congregate care facilities, and community clubs, parking facilities shall be located no farther than 150 feet from the facility.
iv. For uses other than those specified above, parking facilities shall be located no farther than 500 feet from the facility.
v. The use of the off-site parcel would not be detrimental to public safety. d. A maximum 20 percent reduction in a setback requirement for any residential, mixed-use, or non-residential zone.
e. A maximum ten percent reduction in the number of total parking spaces required in conjunction with a change of a commercial, mixed-use, or industrial use in an existing building.
f. A reduction in the total number of parking spaces required solely as a need to upgrade existing parking facilities to comply with Americans with Disabilities Act (ADA), Title III and California Code of Regulations (CCR), California Access Code, Title 24.
g. A reduction in the total number of parking spaces required for single-family residential uses and duplexes when additional habitable space is proposed and additional parking cannot be provided because of existing conditions on the lot. In this case, the maximum number of parking spaces that can be developed on the lot shall be provided.

ATTACHMENT “C” / EXHIBIT 3
h. A 25 percent increase over the allowed fence height, but not greater than eight feet total, including any retaining wall.
i. A 20 percent reduction in the required width of a driveway in the R-1 and R-2 zones.
j. Encroachment into a required residential zone parking space for accommodating structural reinforcement, installation of pipes, vents or other similar improvements for no more than five percent of the required dimension of a parking space where no more than three parking spaces are affected.

This subsection shall apply only to retrofitting of existing construction. The encroachment shall not impair the overall usefulness of the parking space or parking area for its intended purpose as a parking space or area. k. Conditional use permit (CUP) revisions with substantial conformance to the original CUP, as determined by the Director.

C. Minor exception process.

1. Application. Application for a minor exception shall be made part of the primary development application for the proposed development or use.

2. Processing. The Community Development Director may grant a minor exception, approve with additional requirements, or require modification of the proposal to comply with specified requirements or local conditions, as part of concurrent permit approvals for the proposal.

3. Required findings. In granting a minor exception, the Director shall make the following findings:
a. That the exception is consistent with the general plan; b. That the exception is not contrary to the objectives of this Zoning Code or to the objectives of the applicable regulations;
c. The granting of the exception, with any conditions imposed, will not be materially detrimental to the public welfare or injurious to the property or improvements in such zone or neighborhood in which the property is located.

D. Approving authority.

1. Approval by Community Development Director. The Community Development Director shall have the authority to consider and act on requests for a minor exception. The Community Development Director may approve, conditionally approve, or deny the request subject to the criteria set forth above. The Community Development Director's actions may be appealed to the Planning Commission, in accordance with Section 18.100.170 appeals below.

2. Approval by Planning Commission. The Community Development Director may refer an application for a minor exception to the Planning Commission for ATTACHMENT “C” / EXHIBIT 3
consideration. In such cases, the hearing before the Planning Commission shall be held within 45 days after the filing of a complete appeal application.

18.100.070 – Home occupation permit and standards.

A. Purpose. Home occupations are allowed only in residential and mixed-use zones, subject to approval of a home occupation permit.

B. Application. Applications for home occupation use permits shall be submitted for those uses which comply with the standards in this section.

C. Processing. The Community Development Director may approve a home occupation permit, approve with conditions, or deny the permit. Permit processing and approval of a home occupation permit shall follow the procedures shown in Figure C.

D. Recommendation and decision. The Community Development Director shall consider all applications for home occupation permits, whose decision is final, unless an appeal is filed to the Planning Commission in accordance with Section

18.100.170 appeals below.

E. Transfer. The home occupation permit need not be renewed annually but shall not be transferable by the applicant to another person and shall cease automatically upon change of property ownership.

F. Revocation of permit. The Community Development Director may suspend or revoke a home occupation permit if the Director determines that the home occupation is being operated in violation of any of the provisions in this section. Such revocation is subject to appeal to the Planning Commission, in accordance with Section

18.100.170 appeals.

G. Standards. The home occupation permit shall only be granted if the proposed home occupation complies with all of the applicable standards below and a finding can be made that the home occupation will not adversely affect the residential character of the property.

1. Location. Home occupations may be allowed in any residential or mixed-use zone and on lots with an existing dwelling unit, in accordance with the provisions of this section.

2. Operating standards. A home occupation shall comply with each of the following regulations:
a. A home occupation shall be conducted entirely within a building and shall occupy no more than 400 square feet or more than 25 percent of the livable floor area of the dwelling unit, whichever is less.
b. The existence of a home occupation shall not be visible beyond the boundaries of the site.

ATTACHMENT “C” / EXHIBIT 3
c. A home occupation permit may be granted only to the resident of the dwelling and no one other than a resident of the dwelling shall be employed on-site or report to work at the site in the conduct of a home occupation. d. A home occupation shall not create pedestrian, automobile or truck traffic in excess of the normal amount in the zone in which it is located. e. No motor vehicle repair, medical office, clinic, laboratory, carpentry, cabinet making, beauty shop nor barber shop shall be permitted, and a home occupation shall not include a sales room or office open to visitors. f. There shall be no on-site advertising of the name or address of the home occupation or the sale of merchandise that attracts persons to the premises. g. There shall be no more than one home occupation in any dwelling unit. h. No storage of merchandise, equipment, displays, or other items or the conduct of the home occupation in required parking, open space, or yard areas shall be permitted.
i. There shall be no use of mechanical equipment, appliance, or motor that generates noise detectable from outside the building.
j. Storage of materials and/or supplies, indoors or outdoors, shall not be allowed that will be hazardous to surrounding neighbors or detrimental to the residential character of the neighborhood.
k. No vehicle larger than a three-fourths-ton pick-up truck used primarily for the business shall be parked outside an enclosed garage.
l. No garage space shall be used for the home occupation, if the garage space is necessary to satisfy off-street parking requirements for the residence. m. A home occupation shall operate no earlier than 8:00 a.m. and no later than 9:00 p.m. on any given day.
n. A home occupation shall be required to have a valid and current business license from the City.
o. In order for a home occupation permit to be issued, there shall be no existing violations on that property on which the home occupation would occur.

FIGURE C

HOME OCCUPATION PERMIT PROCESS
ATTACHMENT “C” / EXHIBIT 3

18.10.080 – Temporary use permit and standards.

A. Purpose. Temporary land uses occur within a specified time period and have shortterm impacts on the surrounding community or the environment. These uses are subject to approval of a temporary use permit by the Community Development Director.

B. Application. Applications for temporary use permits shall be submitted for uses allowed as temporary uses in the applicable zone, as listed in Section 18.40.070 permitted uses in residential zones, Section 18.55.020 uses permitted in mixed-use zones, and Section18.60.050 permitted uses in non-residential zones.

C. Processing. The Community Development Director may grant or deny a temporary use permit, approve with conditions, or require modification of the proposal to comply with specified requirements or local conditions. Permit processing and approval of a temporary use permit shall follow the procedures shown in Figure D.

D. Recommendation and decision. The Community Development Director shall consider all applications for temporary use permits, whose decision is final, unless ATTACHMENT “C” / EXHIBIT 3
an appeal is filed to the Planning Commission in accordance with Section

18.100.170 appeals below.

E. Required findings. A temporary use permit shall not be approved unless the proposed use will be located, operated, and maintained in a manner consistent with the policies of the general plan and the provisions of this Zoning Code; and will not be detrimental to the property or improvements in the surrounding area or the public health, safety, or general welfare.

F. Time limits. Temporary use permits shall be issued no more than one time per year for a specific use on a specific property.

G. Standards. Temporary uses shall be subject to the development standards outlined below.

1. Temporary construction buildings. Temporary structure for the housing of tools and equipment, or containing supervisory offices in connection with major construction projects, may be established and maintained during the progress of such construction on such projects, subject to the following standards:
a. A building permit for the manufactured office, portable office trailer, or recreational vehicle during construction is issued. Structure is not permanently affixed to the lot.
b. Potable water and sanitation facilities are available on the site. c. This use is allowed for one year.
d. The structure shall be removed within 30 days after completion of the project or 30 days after any temporary termination of construction work.

2. Temporary construction signs. Signs identifying persons engaged in construction on a site shall be permitted as long as construction is in progress, but not to exceed a 12-month period. Refer to Section 18.90.050(J) for temporary sign provisions.

3. Temporary real estate tract office. One real estate tract office may be located on any new tract or subdivision of six lots or more; provided the activities of the office shall pertain only to the selling of lots within the subdivision upon which the office is located; and provided further, that the real estate tract office shall be removed at the end of a 12-month period measured from the date of the recording of the parcel map upon which the office is located.

4. Sidewalk or parking lot sales, Christmas tree sales. a. Christmas trees sales are regulated by Chapter 5.16 of the Hawaiian Gardens Municipal Code.
b. Display of merchandise during temporary events shall not reduce off-street parking to a point that customer parking is severely impacted.

ATTACHMENT “C” / EXHIBIT 3
c. Parking lot sales shall not be allowed for more than 15 consecutive days or more than 30 days within each calendar year.

5. Carnivals, circus, rodeos, street fairs, and parades. These uses are regulated under Chapter 5.14 of the Hawaiian Gardens Municipal Code.

6. Other temporary uses. Any temporary use not specifically identified above in this section shall be subject to the approval of the Community Development Director and subject to the following conditions:
a. The temporary use would not affect traffic and pedestrian circulation on the surrounding public rights-of-way and the internal parking areas and driveways on the lot.
b. The temporary use would not create a public safety or health hazard. c. The temporary use would not adversely affect the primary use of the lot or the adjacent land uses.
d. The temporary use would not result in the demand for public services or utilities which the City or service agencies cannot adequately provide. e. The temporary use would be conducted for a limited time period and for one time only during one calendar year on a specific property.

ATTACHMENT “C” / EXHIBIT 3

FIGURE D

TEMPORARY USE PERMIT PROCESS

18.100.090 – Conditional use permit.

The City recognizes that certain types of land use, due to the nature of the use, require individual review. Such review shall determine whether the type of use proposed, or the location of that use, is compatible with surrounding uses, or through the imposition of development conditions, can be made compatible with surrounding uses. This section establishes procedures for this review.

A. Application. Applications for conditional use permits (CUP) shall be submitted for those uses specified as conditional uses in the applicable zone, as listed in Section

18.40.070 permitted uses in residential zones, Section 18.55.020 uses permitted in mixed-use zones, and Section 18.60.050 permitted uses in non-residential zones.

1. Only one CUP may be granted for each use. Activities, operations, or land uses that would require multiple CUPs shall be processed as a separate CUP.

ATTACHMENT “C” / EXHIBIT 3

2. No general or blanket CUP shall be issued for a development project. Rather, the CUP shall be specific to the use or activity currently proposed on the site, building or portion thereof and will not be applicable to any future use.

3. A proposal that does not comply with an applicable development standard shall require either a minor exception or a variance and shall be processed concurrently with the CUP.

B. Recommendation and decision. Permit processing and approval of a conditional use permit shall follow the procedures shown in Figure E. The Community Development Director shall make recommendations on CUP applications, for consideration and approval, conditional approval or denial by Planning Commission. The City Council will serve as the appeal body, in accordance with Section 18.100.170 appeals below.

C. Exceptions. Applications for the minor expansion of a structure covered by an existing conditional use permit shall be considered by the Community Development Director. Such minor expansion is limited to 20 percent of the floor area of the existing use or 5,000 square feet, whichever is less. The Community Development Director may approve, approve with additional conditions, or deny the application.

Any expansion exceeding this limit shall be considered a new application for a conditional use and shall be subject to review by the Planning Commission, and the required fees and procedures established for a new application. This exception does not apply to the sale of alcoholic beverages.

D. Required findings. The Planning Commission shall consider applications for a conditional use permit and may, with such conditions as are found necessary, approve the use, provided the use will not jeopardize, adversely affect, endanger, or otherwise constitute a menace to the public health, safety, or general welfare, or be materially detrimental to the property of other persons located in the vicinity of such use. In making such determination, the Planning Commission shall make the following findings:

1. That the proposed conditional use is consistent with the general plan.

2. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the proposed conditional use will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures, and will be compatible with the character of the surrounding area.

3. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and other land use development features prescribed in this Zoning Code and required by the Planning Commission or City Council in order to integrate the use with existing and planned uses in the vicinity.

ATTACHMENT “C” / EXHIBIT 3

FIGURE E

CONDITIONAL USE PERMIT PROCESS
E. Conditions. Conditions imposed by the Planning Commission for a conditional use may involve any pertinent factors affecting the establishment, operation, or maintenance of the requested use, including, but not limited to:

1. Open space and buffer areas.

2. Fences and walls.

3. Parking facilities, including vehicular ingress and egress, and the surfacing of parking areas and driveways.

4. Public facilities, dedications, and improvements.

5. Landscaping and maintenance.

6. Regulation of nuisance factors associated with the particular use and situation.

ATTACHMENT “C” / EXHIBIT 3

7. Regulation of operating hours or activities.

8. Additional regulation of signs or advertisement.

9. A specified time period within which development or use shall begin and end.

10.Provisions for surety that the conditional use will be removed on or before a specified date or under specific situations.

11.Provision of appropriate pedestrian amenities.

12.Screening and proper orientation of architectural elements.

13.Aesthetic treatments, including color palettes, as necessary to integrate the use into the surrounding community.

14.Any other conditions deemed necessary to provide for the orderly and efficient development or operation of the conditional use in accordance with the goals and policies of the general plan.

F. Posting of conditions. All conditions pertaining to the operation of the conditional use shall be permanently posted, on a form provided by the Community Development Director, at a location clearly visible to the public utilizing the facility. This provision shall apply to all facilities for which a conditional use permit has been issued.

G. Annual re-inspection. Certain uses, as a condition of approval, may be required to undergo an annual re-inspection to verify compliance with the conditions of approval.

The property owner shall be required to pay an annual fee to the City as established by resolution of the City Council to cover the costs of the re-inspection.

H. Continuing validity. A conditional use permit, granted pursuant to the provisions of this section, shall run with the use of the property and shall continue to be valid upon change of ownership of the land or any lawfully existing building or structure on the land, unless the use is discontinued for the period set in Section18.100.020(L) permit expiration or a time limitation for the permit is specified as a condition of approval.

I. Performance of imposed conditions. Whenever a conditional use permit is granted or modified and is subject to one or more conditions, the Director or Planning Commission may require that the applicant implement or comply with all conditions prior to issuance of the occupancy permit.

18.100.100 – Variances.

A. Purpose. The City recognizes that certain properties, due to their unique size, shape, location, or other physical condition, cannot be developed in strict accord with the regulations of this Zoning Code. Therefore, this section establishes guidelines and procedures for the granting of relief from certain provisions or the development standards contained in this Zoning Code, in specific situations.

B. Applicability.

ATTACHMENT “C” / EXHIBIT 3

1. A variance shall be considered when there are specific physical circumstances that distinguish a project site from its surroundings and these unique circumstances create an unnecessary hardship for the applicant if the usual zoning standards are imposed.

2. A variation from specific development standards of the zoning regulations shall be known as either a minor exception or a variance depending on the degree to which variation from the proposed zoning regulations is proposed.

3. The variance procedure shall not apply to situations where the use is not permitted in a zone or the proposed residential density exceeds the maximum residential density permitted in a zone for any given lot size.

C. Approval authority. The Community Development Director shall make a recommendation to the Planning Commission and the Planning Commission shall consider a proposed variance and may approve, conditionally approve, or deny the request subject to the findings set forth below. Figure F shows the process for obtaining a variance.

D. Criteria. A variance shall be required for any application that exceeds or does not meet the criteria for a minor exception, as outlined above in Section 18.100.060 minor exceptions.

E. Required findings. The Planning Commission may grant a variance, with such conditions as are found necessary to protect the public health, safety, and general welfare and assure compliance with the provisions and standards included in this Zoning Code, provided the following findings can be made:

1. That the variance is consistent with the Hawaiian Gardens General Plan and other applicable City policies and regulations and that there would be no adverse impacts on the environment; and

2. That there are exceptional or extraordinary circumstances or conditions applicable to the subject property which do not apply generally to other properties in the same zone in which the project is located; and

3. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the same zone with similar constraints; and

4. That the variance request is made on the basis of a hardship condition and not as a matter of convenience or cost; and

5. That the granting of the variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity.

ATTACHMENT “C” / EXHIBIT 3

FIGURE F

VARIANCE PROCESS
F. Conditions. Conditions of approval that are imposed by the Planning Commission for a variance may involve any pertinent factors affecting the establishment, operation, or maintenance of the requested use, including, but not limited to:

1. Open spaces and buffer areas.

2. Fences and walls.

3. Parking facilities, including vehicular ingress and egress, and the surfacing of parking areas and driveways.

4. Public facilities, dedications, and improvements.

5. Landscaping maintenance.

6. Aesthetic treatments, including color palettes, as necessary to integrate the use into the surrounding community.

18.100.110 – Specific plans.

ATTACHMENT “C” / EXHIBIT 3
The purpose of this section is to establish uniform procedures for the adoption and implementation of specific plans, for the coordination of future development within the City, consistent with Section 18.80.030 specific plan zone of this Zoning Code and pursuant to Government Code Section 65450 et seq.

A. Permitted uses. Permitted uses in the specific plan zone are outlined within the approved specific plan and are not subject to the permitted uses and conditional use permits set forth in Section 18.40.070 uses permitted in residential zones, Section

18.55.020 uses permitted in mixed-use zones, and Section 18.60.050 uses permitted in non-residential zones.

B. Development standards. Land use and development of the area within the specific plan zone are guided by the provisions of the adopted specific plan, on file with the Community Development Department.

C. Application.

1. Application package. The applicant shall submit completed application forms, fees and required plans and reports, as outlined in Section 18.100.020 administrative procedures.

2. Specific plan. In addition to those required under Section 18.100.020 of this chapter, a specific plan application shall include a proposed specific plan document that provides text and diagrams that contain all of the provisions outlined in California Government Code Sections 65451 and 65452, in addition to all information and related exhibits required by the Community Development Department.

D. Public hearing. Upon receipt of the completed application package or direction of the City Council, and following Department review, public hearings shall be set before the Planning Commission and City Council. Notice of hearings shall be given pursuant to the requirements in Section 18.100.020 of this chapter.

E. Commission and Council actions. The Community Development Director shall make a recommendation to the Planning Commission and the Planning Commission shall make a written recommendation to the City Council on the proposed specific plan, whether to approve, conditionally approve or deny, based upon the required findings below. Upon receipt of the Planning Commission recommendation, the City Council may approve, conditionally approve, or deny the proposed specific plan based upon the required findings below.

F. Required findings. A specific plan shall only be adopted if all of the following findings are made:

1. The proposed specific plan is consistent with the general plan;

2. The proposed plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the City;
ATTACHMENT “C” / EXHIBIT 3

3. The subject property is physically suitable for the requested and anticipated development;

4. The proposed plan shall ensure development that is compatible with existing and proposed development in the surrounding neighborhood.

G. Specific plan consistency.

1. No public works project, tentative map or parcel map, or other land use entitlement may be approved, adopted or amended within an area designated as a specific plan zone, unless found consistent with the approved specific plan.

2. Proposed development within an approved specific plan requires site plan review and approval by the Community Development Director and such development shall conform to the standards of the approved specific plan for the site.

3. Proposed amendments to an approved specific plan require consideration by the City Council.

H. Effective date. Specific plans shall be adopted by ordinance and shall be effective 30 days after the final reading of such ordinance.

18.100.120 – Development agreements.

The purpose of this section is to establish procedures and requirements for the City's consideration of development agreements upon application by, or on behalf of, a property owner or other person having a legal or equitable interest in the property that is to be the subject of a development agreement. In adopting this section, the City Council has considered the general plan of the City and the legislative findings and declarations set forth in Section 65864 of the Government Code.

A. Application.

1. A developer wishing to enter into a development agreement with the City shall submit to the Community Development Department a written application on a form provided by the Department.

2. The Community Development Director may require the developer to submit additional information and supporting data as may be necessary to properly evaluate the proposed development agreement.

3. The written application required in this section shall be accompanied by a nonrefundable processing fee in an amount set by resolution of the City Council.

4. Each application shall be accompanied by the form of development agreement proposed by the applicant.

B. Hearing by planning commission.

1. The Community Development Director shall make recommendations and refer all applications for development agreement to the Planning Commission and City Council for public hearings.

ATTACHMENT “C” / EXHIBIT 3

2. Upon receipt of the complete application, the Community Development Director shall set a date for the public hearing.

3. The Community Development Director shall insure that the public is given proper notice of said public hearing in accordance with Section 18.100.020 administrative procedures of this Zoning Code and applicable State planning, zoning and development laws.

C. Conduct of hearing. The public hearing held pursuant to this section shall be conducted as nearly as may be possible in accordance with the procedural standards adopted under Government Code Section 65804 for the conduct of zoning hearings.

D. Determination. After the hearing, the Planning Commission shall forward its written recommendation on the application to the City Council. The recommendation shall include the Planning Commission's determination of whether or not the proposed development agreement:

1. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;

2. Is compatible with the uses authorized in, and the regulations prescribed for, the land use zone in which the real property is located;

3. Is in conformity with public convenience, general welfare, and good land use practice;

4. Will be detrimental to the public health, safety, and general welfare;

5. Will adversely affect the orderly development of property or the preservation of property values;

6. Is consistent with Government Code Section 65864 through 65869.5.

E. Hearing by City Council.

1. After receiving the written recommendation of the Planning Commission, the Director shall set a date for a City Council public hearing on the matter.

2. The City Clerk shall insure that the public is given notice of the public hearing in accordance with Section 18.100.020 administrative procedures and applicable State planning, zoning, and development laws.

F. Action by City Council.

1. At the public hearing, the City Council may approve, modify, or disapprove the recommendation of the Planning Commission. The Council may refer back to the Planning Commission, for report and recommendation, matters not previously considered by the Planning Commission.

2. Upon receipt of a referral above, the Planning Commission, without further public hearing, shall consider the new matters and report its recommendations in writing ATTACHMENT “C” / EXHIBIT 3
to the City Council within 40 days after receipt of said referral. Failure to act within the 40-day limit shall constitute a favorable endorsement on the matters set forth in the referral.

3. If the City Council approves the development agreement, it shall do so by ordinance.

G. Effective date. The agreement shall be effective 30 days after the final reading of the ordinance approving it and shall only create obligations on the part of the City from and after the date that the ordinance approving the development agreement takes effect.

H. Amendment or cancellation. Either party may propose an amendment to or cancellation in whole or in part of a development agreement previously entered into.

However, with the exception of modification or revocation, both parties shall agree in writing to an amendment, or cancellation, of a development agreement before it shall be effective.

1. The procedure for proposing an adoption of an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into an agreement in the first instance as outlined in this section.

2. Where the City Council initiates the proposed amendment to or cancellation in whole or in part of the development agreement, the City shall first give notice to the property owner of its intention to initiate such proceedings at least 30 calendar days in advance of the giving of notice of the public hearing regarding the amendment or cancellation.

I. Recordation agreement.

1. Within ten days after the effective date of the development agreement, the City Clerk shall have the agreement recorded with the County Recorder.

2. If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code Section 65868, or if the City terminates or modifies the agreement as provided in Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall have notice of such action recorded with the County Recorder.

J. Periodic review.

1. Development agreements shall be limited in their term to a period not to exceed five years from the effective date of the adopting ordinance.

2. Notwithstanding the foregoing, the City Council may review the development agreement at least once every 12 months after the effective date of the adopting ordinance (hereinafter called periodic review). The City Council may, on its own motion or on the advice of the Community Development Director, review the ATTACHMENT “C” / EXHIBIT 3
development agreement more often than once every 12 months as it is deemed necessary (hereinafter "special review").

3. The City Council may delegate or refer the periodic review of the development agreement to the Planning Commission or to the City Administrator or designated representative.

4. Notice of periodic review.
a. The Community Development Director shall give the developer 30 calendar days' advance notice of the review by placing such notice to the developer into the U.S. mail, first class, postage prepaid, and addressed to such address as the developer has listed in the development agreement. b. The City Clerk shall give the developer notice of a special review in the same manner as provided above for annual review.
c. Public notice of periodic or special reviews shall be accomplished as set forth in Section 18.100.020 administrative procedures.

K. Review hearing.

1. Any periodic review conducted shall be accomplished in the form of a public hearing.

2. The burden shall be on the developer or his/her successor in interest, to demonstrate good-faith compliance with the terms of the agreement.

3. At the conclusion of the public hearing, the City Council shall make findings regarding whether or not the developer has, for the period under review, complied in good faith with the terms and conditions of the agreement. a. If the City Council finds and determines on the basis of the evidence given that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period shall be concluded.
b. If the City Council finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Council may modify or terminate the agreement.
c. If the periodic review has been referred by the City Council to the Planning Commission or to the City Administrator or designated representative, the determination resulting from said review may be appealed in writing to the City Council within ten calendar days after the final action. A hearing shall be conducted in accordance with the City Council's rules for consideration of appeals.
d. If the periodic review is conducted by the City Council, the determination resulting from said review shall be deemed to be final for all purposes.

ATTACHMENT “C” / EXHIBIT 3
e. If the City Council decides to proceed with modification or termination of the agreement, the City Council shall set a hearing date and give notice to the property owner and the public of the hearing.
f. The notice required for modification or termination of the agreement shall contain:
i. A statement concerning whether the City proposes to terminate or to modify the development agreement;
ii. Other information that the City considers necessary to inform the property owner of the nature of the proceedings.

4. Upon concluding said hearing, the City Council may take whatever action it deems necessary to protect the interest of the City.

5. The decision of the City Council shall be final.

18.100.130 – Nonconforming uses and structures.

The purpose of this section is to promote the public health, safety and general welfare by regulating land uses, lots and structures that were initially lawfully established but that do not conform to the provisions of this Zoning Code. This chapter is further intended to prevent the expansion of nonconforming uses and structures to the maximum extent feasible, and establish the criteria under which they may be continued, maintained and terminated.

A. Definitions. For the purposes of this chapter and this Zoning Code, certain words and terms shall be defined as follows:

Intensity means an increase in the level of development or activity associated with a land use, as measured by one or more of the following including but not limited to:
a. The amount of parking required for the use, as specified in Section 18.50.010 and Section 18.70.010 parking and loading requirements and Section 18.55.010 standards for mixed-use development.
b. The operational characteristics of the use such as hours of operation, the inclusion of dancing or live entertainment as part of the use, or similar characteristics.
c. The floor area occupied by the use.
d. The percentage of the building site occupied by the use or by the structure containing the use.

Nonconforming lot means a lot or parcel that was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located.

ATTACHMENT “C” / EXHIBIT 3
Nonconforming structure means a structure that was lawful and in conformance with the applicable zoning ordinances when constructed but that, due to subsequent ordinance changes, does not conform to all current development standards applicable to the zoning district in which it is located.

Nonconforming use means a land use that was lawful and in conformance with the applicable zoning ordinances when established but that, due to subsequent ordinance changes, is not currently permitted in the zoning district in which it is located. A parcel that exceeds the allowable density in terms of minimum lot area per unit, or not in the proper zone shall also be deemed to be a nonconforming use. An existing use or structure that is subject to a conditional use permit under this Zoning Code shall be considered a nonconforming use until it obtains a conditional use permit under this Zoning Code.

Nonconformity means a land use, lot or structure that was lawful when established or constructed but, due to subsequent ordinance changes, is not in conformance with the new zoning regulations. The term "nonconformity" does not include illegal uses, lots, or structures, which were not lawful when established or constructed.

B. Nonconforming uses.

1. Continuation of nonconforming use. A nonconforming use may be continued subject to the restrictions of this section.

2. Discontinued nonconforming uses. Any discontinuance, closure or vacancy of a nonconforming use in an existing non-residential building or structure for a period of 180 days or more shall be deemed to constitute an abandonment of any nonconforming rights and shall not be allowed to re-establish or continue. Any further use of the conforming building shall be in conformity with the regulations for the zone in which the conforming building is located.

3. Expansion/intensification of nonconforming uses.
a. A nonconforming use shall not be expanded or increased in intensity. b. A nonconforming use of any structure or site shall not be changed to another nonconforming use.
c. There shall be no expansion of a nonconforming use onto an additional parcel, adjacent or otherwise.
d. A nonconforming use of any structure may be continued, provided, such nonconforming use shall not be expanded or extended into any other portion of the structure.

4. Restoration of nonconforming use. A nonconforming use occupying a structure that is damaged or destroyed by fire, explosion, earthquake or other disaster may be re-established provided that:

ATTACHMENT “C” / EXHIBIT 3
a. When a structure has sustained damage that would require repairs estimated to be less than 50 percent of the replacement value of the structure, the Community Development Director shall approve, conditionally approve, or deny the re-establishment through a minor use permit, provided that such nonconforming structures, improvements, and uses shall not be increased in size or area.
b. When a structure has sustained damage that would require repairs estimated to be over 50 percent of the replacement value of the structure, the Planning Commission shall approve, conditionally approve, or deny the reestablishment through a conditional use permit process provided that such nonconforming structures, improvements, and uses shall not be increased in size or area.
c. Restoration of the structure will not create or increase any nonconformity relating to setback, height, or any other development standard. d. Application for a building permit is submitted within one year of the damage or destruction and construction is commenced and completed within one year under that permit without any lapses of or extensions to the permit. e. Failure to comply with the above provisions shall prohibit the re-establishment of the nonconforming use.

5. Determination of replacement cost. In determining the replacement cost of a structure, the Director may utilize City building permit records, contractor estimates, assessed valuation, appraisals provided at applicant's cost or any other information deemed by the Director to be reflective of replacement cost.

6. Change of ownership. Changes in ownership, tenancy, proprietorship or management of a nonconforming use shall not affect its nonconforming status provided that the use or the intensity of use does not change.

C. Nonconforming lots.

1. Legally established nonconforming lots prior to April 16, 1964, and filed with the Los Angeles County Recorder's office, may be developed and used in accordance with this Zoning Code provided all development standards other than those relating to the lot's conformity are met.

2. If the lot area is less than 75 percent of the required area, the existing use of the lot shall not be changed or allowed to increase in intensity.

3. Residential legal nonconforming 25-foot lots may be developed with three-foot side yard setbacks, provided that all other development standards are complied with and the adjacent parcel is not vacant. If the adjacent parcel is undeveloped, the property owner shall make every effort to combine the two parcels together.

This provision shall only apply to a single development. Only a single-family dwelling unit may be built on 25-foot parcels and shall be subject to architectural ATTACHMENT “C” / EXHIBIT 3
design review of the site plan review process as approved through the Community Development Director.

D. Nonconforming structures.

1. Continuation of nonconforming structure. Nonconforming structures may be continued and maintained subject to the restrictions of this section.

2. Discontinued nonconforming structures. When the use of a property with a nonresidential nonconforming structure has ceased for 180 days or more, the use shall be considered abandoned and the nonconforming structure may be re-used only after it is brought into conformity with development standards pertaining to paving, striping, fence/walls, landscaping, trash enclosure and lighting standards subject to an architectural design review of the site plan review process, as approved by the Community Development Director.

3. Maintenance and repairs. Ordinary maintenance and repairs may be made to all nonconforming structures, such as painting, patching, window repair, re-roofing, re-siding, re-plastering and replacement of incidental nonstructural elements.

4. Structural alterations and additions. Interior or exterior structural alterations, including additions may be made to a nonconforming structure provided the alterations do not increase the degree or extent of the structure's nonconformity nor create any new nonconformities.

5. Alteration, expansion or renovation of any nonconforming structure, that exceeds 50 percent of the existing square footage of the structure, and has more than one nonconforming development standard, shall not be permitted unless the entire structure and property is brought into compliance with all applicable provisions in this Zoning Code and shall be subject to a site plan review process as approved by the Community Development Director. Any property with a zero side yard setback will count as two and automatically require compliance with current standards.

6. A nonconforming structure may be altered as long as the alteration does not increase the existing nonconforming site conditions.

7. No nonconforming structure shall be moved, expanded or enlarged unless the new location or enlargement conforms to all current development standards, as prescribed in the regulations for the district.

8. A nonconforming structure may be altered as long as the alteration does not increase the existing site conditions. The Community Development Director shall make such determination.

9. An expansion of a nonconforming residential structure that does not meet the current parking requirements of this Zoning Code and proposes to add new habitable space shall bring the dwelling unit into compliance with the current parking standards. Exceptions to this requirement shall be allowing the ATTACHMENT “C” / EXHIBIT 3
construction of a laundry room for an existing legal nonconforming dwelling unit without an existing laundry room per Subsection 18.50.100(C)(11) accessory structures and additions and allowing an accessory structure not to exceed 35 square feet.

10.A residential property that is nonconforming due to lack of required parking that proposes to add a new garage shall be required to bring all parking into compliance with the requirements of this section. An exception to this requirement shall be lots where the provision of all of the required parking may not be possible because of the configuration of existing structures on the property. In this case, at least 50 percent of the required parking spaces shall be provided.

E. Damage or destruction to nonconforming structures.

1. Whenever a structure that does not comply with the standards for front yards, side yards, rear yards, height of structures or distances between structures, prescribed in the regulations for the district in which the structure is located is destroyed by fire or other calamity, by act of God, or by public enemy, the following regulations shall apply:
a. When a structure has sustained damage that would require repairs estimated to be less than 50 percent of the replacement value of the structure, the Director of Community Development shall approve, conditionally approve, or deny the restoration project based upon a site plan and architectural design review process as approved through the Community Development Director based upon the development standards in effect at the time of construction, provided that such nonconforming structures, improvements, and uses shall not be increased in size or area.
b. When a structure has sustained damage that would require repairs estimated to be over 50 percent of the appraised value of the structure, the Planning Commission shall approve, conditionally approve, or deny the restoration project based through the minor exception or variance process, provided that such nonconforming structures, improvements, and uses shall not be increased in size or area.

2. Determination of replacement cost. In determining the replacement cost of a structure, the Director may utilize City building permit records, contractor estimates, assessed valuation, appraisals provided at applicant's cost or any other information deemed by the Director to be reflective of replacement cost.

3. Safety of structures. Nothing in this section shall be construed to prevent the strengthening or restoration to a safe condition of any structure declared to be unsafe by an officer of the City charged with protecting the public safety upon order of such officer.

ATTACHMENT “C” / EXHIBIT 3
F. Nonconforming structures and nonconforming uses. When the nonconforming use of a nonconforming structure in a non-residential zone has ceased for a continuous period of 180 days or more, the use shall be considered abandoned and the structure may be reused only after it is brought into conformity with applicable provisions in this Zoning Code.

G. Nonconforming signs and walls.

1. Properties with nonconforming signs, fences, or walls may continue to be used subject to the restrictions of this section.

2. Nonconforming fences and walls may not be enlarged or altered unless they will conform to the regulations of this Zoning Code.

3. Nonconforming signs shall not be altered, moved or reconstructed unless brought into compliance with applicable provisions in this Zoning Code.

Abandoned signs shall be removed within 90 days of termination of use.

H. Illegal uses and structures. Nothing in this chapter shall be construed so as to allow for the continuation of illegal land uses or structures, i.e., uses or structures, which did not comply with the zoning ordinance(s) in effect when they were established.

Such illegal uses or structures shall be subject to the enforcement provisions of the Municipal Code and shall be removed immediately.

I. Exceptions. The purpose of this section is to preserve residential development rights for properties that were legally developed as residential and have been re-zoned to a non-residential zone.

1. Non-conforming uses and structures. Properties previously zoned residential with legally established residential uses that have been re-zoned non-residential may continue to be used and developed in compliance with the R-2 development standards including but not limited to, expansion and construction of additional units.
a. Vacant properties. Vacant properties can be developed in compliance with the R-2 development standards or the non-residential development standards but cannot be developed as both.
b. Non-residential development. If the property is developed into a nonresidential use in conformance with the non-residential zone the property will lose its nonconforming exception status and must from that point forward conform to the existing zone.
c. Damage or destruction to nonconforming residential structures. Residential structures in non-residential zoned properties that are damaged or destroyed can be re-constructed to the R-2 development standards.

18.100.140 – Zone change and Zoning Code amendments.

ATTACHMENT “C” / EXHIBIT 3
A. Purpose. The purpose of this section is to allow for changes and modifications to the Zoning Code, as well as to the permits and approvals granted under this Zoning Code.

B. Zone change or Zoning Code amendments. The purpose of this Zoning Code is to provide for the proper location of land uses, and to that end to classify, insofar as it is practicable to do so, types of land use in order to provide one or more zones in which each type of land use shall be permitted. This objective is ongoing and may require a change of zone from that previously established in conformance with the general plan. Changes to the development standards and procedures for implementing the Zoning Code may also occur as determined appropriate by the City. The process for a zone change or Zoning Code amendment is shown in Figure G.

1. Authority. The boundaries of the zones established by this Zoning Code, the classification of property uses therein, development standards and any change in wording, context, or substance may be changed when adopted by ordinance by the City Council.

2. Authorization for initiation.
a. Applications or petitions for a change of zone may only be initiated by either:
i. The verified application of the recorded owner or owners of the subject property or authorized agent thereof; or
ii. The Community Development Director, Planning Commission or City Council through its own motion.
b. Petitions for an amendment to the zoning ordinance text may only be initiated by the Community Development Director, Planning Commission or City Council.

3. Application filing.
a. Applications for change of zone or amendment to the Zoning Code text shall be made on forms available in the Community Development Department.

Applications shall contain all required information relevant to the proposed action, including but not limited to maps, drawings to scale of land and buildings, dimensions, descriptions and data necessary to demonstrate that the proposed change of zone or amendment is in general conformance with the general plan.
b. Where a proposed zone change or Zoning Code amendment is not in conformance with the general plan, a concurrent application for a general plan amendment shall also be made. These applications and accompanying materials shall be filed with the Community Development Department. No application shall be accepted unless it complies with such requirements.

ATTACHMENT “C” / EXHIBIT 3

4. Filing fees. Filing fees in an amount specified by resolution of the City Council shall be paid upon the filing of each application for zone change or Zoning Code amendment for the purpose of defraying the expense of postage, posting, advertising and other costs of labor and materials incidental to the proceedings prescribed herein.

5. Public hearings and notice. Upon acceptance of an application for change of zone or Zoning Code amendment, or where Council has initiated the proceedings for a change of zone or amendment, the Community Development Director shall set the petition for hearing before the Planning Commission; thereafter the Community Development Director shall set the petition for hearing before the City Council by notifying the City Clerk. The notice of public hearings shall be made in accordance with Section 18.100.020 administrative procedures of this chapter.

6. Withholding of building permits when change of zone pending. The Community Development Director, upon the filing of a petition asking that a property be placed in a new zone, may direct other City departments to withhold the issuance of a permit for the erection, construction, alteration or change of any building, structure or improvement within such property that would not conform to the requirements for the existing and proposed zone, and any permit issued in violation of this section shall be void. No building permit shall be withheld more than 90 days from the filing of said petition unless an additional extension of no more than 90 days has been approved by the Council; provided, however, that when an environmental impact report is involved, an additional extension of up to one year may be made. In the case of Council initiated zone changes, the City may withhold building permits while the zone changes are pending subject to the same time limitations.

7. Recommendation of Planning Commission. The Planning Commission shall hold a public hearing and consider all evidence presented for and against the proposal for change of zone or Zoning Code amendment and shall consider all arguments pertinent thereto. The Planning Commission's recommendation shall be submitted to the City Council.

8. Action by City Council. The City Council shall hold a public hearing on the proposed change of zone or amendment to the Zoning Code, taking into consideration the Planning Commission recommendation. The City Council shall approve, approve with modifications, or disapprove the zone change application or amendment to the Zoning Code. The decision of the City Council shall be final.

9. General plan amendment. Whenever the Council has taken action to amend the general plan and where such amendment contemplates zoning that is more restrictive than the existing zone, the provisions of this section shall not apply.

The Council may, by separate action, withhold the issuance of a building permit pending adoption of a more restrictive zoning affecting specific parcels of property.

ATTACHMENT “C” / EXHIBIT 3

FIGURE G

ZONE CHANGE AND ZONING CODE AMENDMENT PROCESS

18.100.150 – Permit amendments and modifications.

A. Purpose. The purpose of this section is to establish decision criteria and procedures for amendments to permits previously issued by the City. Minor modifications to existing discretionary use permits shall be reviewed under this section. An administrative review process, which includes public notice and comment, is required to ensure that the activity, if established, will be in full compliance with applicable regulations and that such uses are compatible with adjacent uses, planned uses, the character of the vicinity, and the general plan.

B. Minor amendments. A minor amendment is a limited change of a land use, administrative use, or permit that is reviewed and approved by the Director without public notice or public participation. The following procedures shall be required for all minor amendments.

1. Requests for minor amendments shall be in writing from the property owner or the owner's authorized agent.

ATTACHMENT “C” / EXHIBIT 3

2. Minor amendment applications may be routed to any City department or any agency with jurisdiction. This distribution shall be at the discretion of the Community Development Director.

3. Minor amendments may be approved or modified with conditions for approval by the Community Development Director provided substantial conformance to the original permit is made and all of the following requirements are met:
a. For any proposal that results in a change of use, said use shall be permitted as a principal use in the current zone classification.
b. A change to a condition of approval does not modify the intent of the original condition.
c. The perimeter boundaries of the original site shall not be extended by more than five percent of the original lot area.
d. The proposal does not add more than ten percent gross square footage of structures to the site.
e. The proposal does not increase the overall residential density of a site. f. The proposal does not change or modify housing types. g. The proposal does not reduce designated open space.
h. The proposal does not increase the overall impervious surface on the site by more than 25 percent.
i. Any additions or expansions approved through minor amendments that cumulatively exceed the requirements in this section shall be considered a major amendment and shall follow the same procedure required for the initial application.

4. Minor amendment decisions shall be in writing and attached to the official file.

5. A finding that addresses the applicability of any specific conditions of approval for the original permit shall be required.

6. Copies of the decision shall be mailed to all parties of record.

7. Examples of minor amendments include, but are not limited to: adjustments to the parking area layout, restriping of parking, or site access location; additions of fences, retaining walls, and mechanical equipment; adjustments to building height; adjustments to the landscaping plans such as changes to plant materials; adjustments to the location of structures provided the adjustment is generally consistent with the original approval; and the elimination of a portion of an approved project.

C. Major amendments.

1. Any modification exceeding any of the provisions for minor amendments above shall follow the same procedure required for the original application.

ATTACHMENT “C” / EXHIBIT 3

2. A finding that addresses the applicability of any specific conditions of approval for the original permit shall be required.

3. Any modification that requires a permit other than the type granted for the original application shall require the new permit application and approval.

18.100.160 – Suspension or revocation of discretionary permits.

A. Purpose. The Community Development Director, the Planning Commission, or the City Council may recommend the suspension, revocation and/or modification of any previously approved application or granted entitlement, after holding a properly noticed public hearing on the matter, where any of the following findings are made:

1. That the approved application or entitlement was obtained by fraud; or

2. If the approved application or entitlement is not being exercised, subject to the time limits set in Section 18.100.020(L) permit expiration above, the permit shall be rendered void as a matter of law; or

3. That the approved application or entitlement has ceased or has been suspended for a period of time, as set in Subsection 18.100.020(L) permit expiration above, and is causing detriment to the public health, safety and welfare or constitutes a public or private nuisance; or

4. That the use for which the approved application or entitlement was granted or permitted is being or has been operated or used contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law, or regulation; or

5. If any provision of an approved application or entitlement is held or declared invalid, the approved application or entitlement shall be void and all privileges granted thereunder shall lapse.

B. Effective date of revocations and modifications. An order by the City Council suspending, revoking or modifying an entitlement shall become effective immediately.

18.100.170 – Appeals.

A. Purpose. Any interested person adversely affected by the Director's or Planning Commission's decision on an application under this Zoning Code may appeal to the designated appeal bodies, as shown in Section 18.100.010 above.

B. Appeal period. Appeals shall be made by submitting written notice to the City Clerk within ten days of the decision. No appeal shall be accepted after the appeal period has expired. The appeal shall specifically state where a determination or interpretation is not in accord with the purpose of this title; where the decision was made inconsistently with this Zoning Code; where the record includes inaccurate information; or where a decision is not supported by the record. All appeals shall be ATTACHMENT “C” / EXHIBIT 3
heard within 45 days of the appeal request by the appropriate body, notices will be sent to the applicant and those notified for the original application.

C. Fees and charges. Fees and charges for processing an appeal shall be paid at the time of filing the appeal, in accordance with the City's fee schedule, as set forth by resolution of the City Council.

D. Council consideration of Commission decision. In accordance with Section

18.100.020 administrative procedures, a Council member may request that a Community Development Director or Planning Commission decision be considered by the City Council. This consideration by the City Council will serve as the appeal process for the project. The decision of the City Council during the consideration shall be final, after which no other appeal will be considered.

E. Notice and hearing. Appeals and the required hearings shall be conducted as provided in Section 18.100.020 administrative procedures and Section 66452.5(a) of the Government Code.

F. Decision criteria.

1. The appeal body shall make the same findings and use the same criteria as the decision-making body whose action is appealed.

2. If new plans are submitted during the appeal process, this shall be considered as a new request and therefore, a new application shall be submitted.

3. Nothing herein shall prevent the appellate or review body from imposing conditions on a project and granting approval to a project modified by conditions imposed as part of the decision.

4. The decision of the City Council shall be final.

G. Notice of decision. The City Clerk or Secretary of the appellate body shall mail notice of the appeal decision within ten working days after the decision to the applicant, the appellant and any other party requesting such notice. This decision shall be considered a final determination on the proposal.

18.100.180 – Enforcement.

A. Purpose. The purpose of this chapter is to promote compliance with this title and any conditions of approval for the protection of the public health, safety and welfare of the City.

B. Code enforcement. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Zoning Code or conditions of approval of an entitlement. A violation of any of the provisions or the failure to comply with any of the mandatory requirements of this Zoning Code shall be subject to the regulations outlined in Chapter 1.12 enforcement of codes and Chapter 1.13 administrative citations of the Hawaiian Gardens Municipal Code, with applicable penalties.

ATTACHMENT “C” / EXHIBIT 3
C. Permits, certificates, and licenses. All officials, departments, and employees of the City vested with the authority or duty to issue permits, certificates, or licenses shall comply with the provisions of this title and shall issue no permit, certificate, or license that conflicts with the provisions of this title. Any permit, certificate, or license issued in conflict with the provisions of this title shall be void.

D. Enforcement responsibility. The Community Development Director and/or designee shall be the Code Enforcement Official responsible for the enforcement of this title.

E. Business license. No business license shall be issued unless the Community Development Director has indicated to the Business License Clerk that the use is in compliance with all applicable zoning standards.

F. Approvals and issuance. The Community Development Director shall require with any development application that all code violations or expired building permits that exist on any structure or property shall be remedied prior to approving any land use entitlement.

G. Stop work order. Any construction or use in violation of this Zoning Code or conditions imposed on a permit shall be subject to the issuance of a "stop work order." Any violation of a stop work order may be punishable as outlined in Chapters

1.12 and 1.13 of the Hawaiian Gardens Municipal Code.

H. Utility connections. The Building Inspector shall not authorize connection of any utilities, such as electrical energy, until all of the provisions of this Zoning Code or conditions of approval have been complied with.

I. Certificate of occupancy. A certificate of occupancy shall be required for each new occupancy or change in an existing occupancy. Both the Community Development Director and the Building Official shall sign the certificate of occupancy.

J. Public nuisance. The following acts and conditions when performed or existing upon any building, structure, lot or parcel of land within the City are declared to be unlawful and are defined as and declared to be public nuisances that are injurious or potentially injurious to the public health, safety and welfare, that have a tendency to degrade the appearance and property values of surrounding property or that cause damage to public rights-of-way:

1. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this Zoning Code, and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this Zoning Code shall be, and the same is declared to be unlawful and a public nuisance.

2. Any building or structure set up, erected, constructed, altered, enlarged, converted, or moved without the necessary permits and approvals from the City shall be considered as an illegal structure and declared to be unlawful and a public nuisance.

ATTACHMENT “C” / EXHIBIT 3

3. Failing to secure required land use or permit approval prior to establishing a permitted use.

4. Failing to maintain site improvements including but not limited to walls, trash enclosure, lighting, landscaping and parking as required by this Zoning Code.

5. Violations of property maintenance standards including but not limited to outdoor storage, yard encroachment and performance standards that occur shall be declared to be unlawful and a public nuisance.

6. Every successive owner of the property who fails or neglects to correct a violation or to abate a continuing nuisance upon or in the use of such property, created by the former owner, is liable criminally and civilly in the same manner as the one who first created it.

K. Limitation on action. The Community Development Director may choose to undertake any, or a combination of legal actions against a property owner or responsible person to correct and abate any nuisance or violation of the Zoning Code including but not limited to obtaining an inspection warrant from the Superior Court, referral of a case to the City Prosecutor or City Attorney, injunctive relief, public nuisance abatement or other remedy as provided by law.

L. Recovery costs and damages. The property owner or other responsible party may be charged for all City costs and incidental expenses incurred in correcting or abating violations of this Zoning Code, including, but not limited to: the actual costs of the City in preparing notices, correspondence, specifications, and contracts; staff costs related to inspections of the property; the costs of printings and mailings; costs related to inspection warrants; costs related to office hearings and administrative adjudications; costs related to relocating tenants of uninhabitable property; any attorney's fees expended in the abatement of the nuisance through civil action or otherwise; all costs or expenses for which the City may be liable under State law arising from or related to the nuisance action; and all costs or expenses to which the City may be entitled pursuant to California Health and Safety Code Section 101325 and other statutory entitlements.

M. Legal actions. Any action or proceeding to challenge, attack, review, set aside, void or annul any discretionary action described in this chapter shall be governed by the applicable provisions of the State Planning and Zoning Law and may only be made within 90 days of the decision by the City Council or other responsible decisionmaker.

N. Notice of violation. Whenever the Community Development Director has knowledge that a public nuisance exists on any property within the City of Hawaiian Gardens and the property owner or responsible person has failed to comply within 60 days of the notice of violation or warning notice, the Community Development Director shall record a notice of violation against the parcel with the Los Angeles County Recorder's office. A release of the notice shall be recorded upon satisfactory ATTACHMENT “C” / EXHIBIT 3
compliance with this Zoning Code. The cost to record and remove the notices shall be established by the fee resolution as approved by the City Council.

18.100.190 – Reasonable accommodations.

A. Purpose. This section provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) (also known as the Acts) in the application of zoning laws and other land use regulations, policies, and procedures.

B. Eligible applicants. A request for reasonable accommodation may be made by any person with a disability, their representative or other entity, when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment. This section is intended to apply to those persons who are defined as disabled under the Acts.

C. Eligible requests. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

D. Application requirements. An application for a reasonable accommodation shall be filed with the Community Development Department in compliance with Section

18.100.020 administrative procedures. A fee shall not be required for a request for reasonable accommodation unless the project requires another discretionary permit(s), then the prescribed fee in compliance with the City's master fee schedule shall be paid for all other discretionary permits.

E. Review with other land use application(s). If the project for which the request for reasonable accommodation is being made also requires other discretionary approval(s) (e.g., conditional use permit, etc.), the applicant shall file the information required by this section together with the information required for the other discretionary approval(s).

F. Review authority.

1. Community Development Director. A request for reasonable accommodation shall be reviewed and determined by the Community Development Director if no approval is sought other than the request for reasonable accommodation.

2. Other review authority. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application(s) (e.g., ATTACHMENT “C” / EXHIBIT 3
conditional use permit, etc.) shall be reviewed and determined by the authority reviewing the other discretionary land use application(s).

G. Review procedure.

1. Community Development Director's action. The Community Development Director shall make a written decision within 45 days and either approve, approve with conditions and/or modifications, or deny a request for reasonable accommodation in compliance with subsection H. findings and decision below.

2. Other review authority. The written decision on whether to approve or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application(s) in compliance with the applicable review procedure. The written decision to approve or deny the request for reasonable accommodation shall be made in compliance with subsection H. findings and decision below.

H. Findings and decision. The written decision to approve or deny a request for reasonable accommodation shall be consistent with the Acts and shall be based on consideration of all of the following factors:

1. Whether the housing subject of the request will be used by an individual defined as disabled under the Acts;

2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City;

4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning;

5. Physical attributes of the property and structures; and

6. The availability of alternative reasonable accommodations that may provide an equivalent level of benefit.

ATTACHMENT “C” / EXHIBIT 3
Chapter 18.110 - BY-RIGHT APPROVAL

18.110.005 - Purpose of this article.

This chapter specifies the process for reviewing uses entitled to review as a “use by right” as defined in Government Code Section 65583.2. In enacting this chapter, it is the intent of the City to implement State law as well as the goals, objectives, and policies of the City’s Housing Element of the General Plan.

18.110.010 - Interpretation.

If any portion of this chapter conflicts with any applicable state law, state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with state law. Statutory references in this ordinance include successor provisions.

18.110.020 - Eligibility for by-right approval.

The following uses are eligible for by-right approval:

A. Projects that satisfy the criteria outlined in subparagraphs (1) and (2) below:

1. Are located on sites listed as lower-income sites in the adopted housing element site inventory pursuant to Government Code Section 65583.2 subdivision (c) that are shown to have been either:
a. Vacant and listed in two prior housing element site inventories, or b. Non-vacant and listed in a previous housing element site inventory; and the sites identified in the adopted housing element, including the following APNs:
i. 7066-013-046
ii. 7066-013-057
iii. 7066-013-913

2. Twenty (20) percent of the total number of housing units in the project are proposed to be available to lower-income households at affordable rent or affordable housing cost, as applicable.

B. Permanent supportive housing as defined in Government Code Section 65660 that meets all of the requirements of Government Code Sections 65660 et seq.

C. Low barrier navigation centers as defined in Government Code Section 65660 that meets all of the requirements of Government Code Sections 65660 et seq.

D. 100 percent affordable projects located on land that was owned by an independent institution of higher education or religious institution as described in Government Code Section 65913.16.

ATTACHMENT “C” / EXHIBIT 3
E. Emergency shelters in the R-2, R-3, R-4, RIH, MU-1, MU-2, C-2, C-4, and PF Zones pursuant to the objective standards established by Section 18.70.110 and other applicable standards established by the respective zone.

F. Single-occupancy projects in the R-2, R-3, R-4, RIH, MU-1, MU-2, and C-4 whereas twenty (20) percent of the total number of units in the project are proposed to be available to lower-income households at affordable rent or affordable housing cost, as applicable.

18.110.030 - Permit requirements:

An applicant for a project eligible for by-right zoning approval shall submit an application for administrative review for approval of the design. No discretionary permit or approval is required.

18.110.040 - Review of application:

A. For administrative review applications listed in this section, the Community Development Director or his/her designee, without notice or hearing, shall consider the application ministerially without discretionary review. When the application is in compliance with the relevant standards, the permit shall be issued. Should the Community Development Director or his/her designee find that the application is not in compliance with the relevant standards, the Community Development Director or his/her designee shall issue a written notice to the applicant identifying which standards have not been met. The decision may be appealed to planning commission only by the applicant or the owner of the subject property.

B. The application for the administrative review shall be reviewed for conformance with objective standards established by the Zoning Code.

C. As provided by Government Code Section 65583.2(i), an eligible project is exempt from the California Environmental Quality Act.

D. Permanent supportive housing shall be reviewed consistent with the provisions of Government Code Sections 65650 et seq.

E. Low barrier navigation centers shall be reviewed consistent with the provisions of Government Code Sections 65650 et seq.

18.110.050 - Required findings:

A. In granting administrative approval, the Community Development Director or his/her designee, shall issue a letter of approval and shall make the following findings:

1. That the project is eligible for by-right approval under state law.

2. That the project complies with all applicable objective zoning and other adopted standards.

ATTACHMENT “C” / EXHIBIT 3

3. That the project is granted subject to such applicable conditions as required to meet the standards of the use and zone in which it is located and to comply with applicable design standards.

ATTACHMENT “C” / EXHIBIT 3
ATTACHMENT “C” / EXHIBIT 3
ATTACHMENT “C” / EXHIBIT 3
Exhibit D – General Plan Land Use Map
ATTACHMENT “C” / EXHIBIT 3
Exhibit E – Zoning Map
ATTACHMENT “D”
RESOLUTION NO. 036-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HAWAIIAN GARDENS, CALIFORNIA ADOPTING THE AN

AMENDED GENERAL PLAN LAND USE ELEMENT AND
MAP
WHEREAS, the City of Hawaiian Gardens California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, Government Code § 65580 et seq. requires the City of Hawaiian Gardens to periodically prepare and update its Housing Element in its General Plan. The City’s Housing Element establishes goals, policies, and programs to accommodate the maintenance and expansion of the City’s housing supply; and WHEREAS, the City of Hawaiian Gardens’ draft 2021-2029 6th Cycle Housing Element includes updated data in compliance with state housing laws and a variety of programs and strategies to address citywide housing needs and priorities; and WHEREAS, on December 16, 2021, the City of Hawaiian Gardens submitted a first draft of the 2021-2029 6th Cycle Housing Element to the State of California Department of Housing and Community Development (HCD) for review; and WHEREAS, on, February 14, 2022, HCD provided a response letter to the City’s draft 2021-2029 6th Cycle Housing Element with a list of necessary revisions; and WHEREAS, on August 9, 2022, the City of Hawaiian Gardens adopted a revised draft 2021-2029 6th Cycle Housing Element and approved a Negative Declaration of environmental impact for the draft Housing Element; and WHEREAS, on August 15, 2022, the City of Hawaiian Gardens submitted its adopted 2021-2029 6th Cycle Housing Element to HCD for review; and WHEREAS, on September 29, 2022, HCD provided a response letter to the City’s adopted 2021-2029 Housing Element with a list of necessary revisions; and WHEREAS, on February 21, 2023, the City of Hawaiian Gardens adopted a newly revised draft 2021-2029 6th Cycle Housing Element and approved a Negative Declaration of environmental impact for the draft Housing Element; and WHEREAS, on February 22, 2023, the City of Hawaiian Gardens submitted its adopted 2021-2029 6th Cycle Housing Element to HCD for review; and WHEREAS, on April 21, 2023, HCD provided a response letter to the City’s adopted 2021-2029 Housing Element with a list of necessary revisions; and WHEREAS, on August 18, 2023, the City of Hawaiian Gardens submitted a draft 2021-2029 6th Cycle Housing Element to HCD for review; and ATTACHMENT “D”
WHEREAS, on October 17, 2023, HCD provided a response letter to the City’s draft 2021-2029 Housing Element with a list of necessary revisions; and WHEREAS, on March 8, 2024, the City of Hawaiian Gardens submitted a draft 2021-2029 6th Cycle Housing Element to HCD for review; and WHEREAS, on May 7, 2024, HCD provided a response letter to the City’s draft 2021-2029 Housing Element with a list of necessary revisions; and WHEREAS, on July 22, 2024, the City of Hawaiian Gardens submitted a draft 2021-2029 6th Cycle Housing Element to HCD for review; and WHEREAS, on September 20, 2024, HCD provided a response letter to the City’s draft 2021-2029 6th Cycle Housing Element stating that the draft meets all statutory requirements, and that the City will be deemed to have a compliant Housing Element once it is adopted and the necessary zone changes identified in the Housing Element have been implemented; and
WHEREAS, California Government Code Sections 65580-65589.9 require cities to prepare a Housing Element as a component of each city’s General Plan and to revise it regularly on a schedule set forth in the law; and
WHEREAS, the 2021-2029 6th Cycle Housing Element sets forth the housing policies for the City, facilitates the preservation and development of housing, establishes programs to accommodate the City’s share of the regional housing need in Southern California, and addresses fair housing pursuant to Assembly Bill 686 (AB 686); and WHEREAS, the General Plan Land Use Element and Map were amended to be consistent with the 6th Cycle Housing Element and proposed zoning changes; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS DOES RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:

SECTION 1. Incorporation. The recitals above are true and correct and are each incorporated by reference and adopted as findings by the Planning Commission.

SECTION 2. Adoption. Given the foregoing and based on the entire record before the City Council, the City Council hereby adopts the amended General Plan Land Use Element and Map attached as Exhibit “3.”
SECTION 3. Environmental Review. Pursuant to California Government Code Section 65759, the California Environmental Quality Act does not apply to this action as it is necessary to bring the General Plan or relevant mandatory elements of the plan into compliance with a court order or judgment. In place of CEQA, Government Code section 65759 requires the City to prepare an initial study, which must contain substantially the same information as is required for an initial study pursuant to subdivision (c) of Section 15080 of Title 14 of the Cal. Code of Regulations. The initial study determined that the adoption of the items addressed above will not result in any potentially significant impacts ATTACHMENT “D”
to the environment, and that no additional environmental assessment is required under Government Code section 65759(a)(2).

SECTION 4. Effective Date. This Resolution takes effect immediately upon adoption.

SECTION 5. Certification; Records. The Secretary shall attest as to the adoption of this Resolution and cause the same to be maintained in the permanent records of the City.

APPROVED AND ADOPTED THIS 11th DAY OF DECEMBER, 2024, BY THE HAWAIIAN GARDENS CITY COUNCIL.

By: _______
MAYOR
ATTEST: ________

PABLO RUBIO, SECRETARY
2 – Community Development
City of Hawaiian Gardens  General Plan 29
Land Use Element

INTRODUCTION
The Land Use Element designates the location and extent of the uses of land within the City for housing, business, industry, open space, recreation, public buildings and grounds, and other categories of public and private uses of land. The Land Use Element serves as a guide to use and development of land in the City of Hawaiian Gardens. In addition, the land use element includes standards of population density (the number of housing units allowed per acre) and building intensity (the allowed square footage of nonresidential uses).

The Land Use Element functions as a guide to decision makers, City staff, planners, and the general public as to the established ultimate land use pattern at “build out” of the Land Use Plan. The Land Use Element is the foundation for decision making and policies related to development within the City. The element provides the long-range framework for day-to-day actions. Its primary implementation tool is the City’s Zoning Code and Zoning Map.

RELATIONSHIP TO OTHER GENERAL PLAN ELEMENTS
The Land Use Element is a mandatory component of a general plan.

According to State law, the Land Use Element must be consistent with all other General Plan elements. Several issues, goals, and policies discussed in one element may coincide with those related to other elements in the General Plan. However, this is an exemplary approach to ensuring that the community’s issues and needs are addressed through implementation strategies and actions.

The Land Use Element has the broadest scope of all elements because of its pivotal role in tying together all matters and issues related to the development of the community. Essentially, the Land Use Element and in 30 XXX 2024
turn, the Land Use Plan, are often referred to during the development review process. The Land Use Element relates to the setting and framework of the circulation system, and ensures that public facilities and basic infrastructure have the capacity to serve all areas of the community. The Land Use Element also identifies and mandates the preservation of open space and natural resources. The Land Use Element also accounts for the existing housing stock of the community and potential future needs, affirming the residential development pattern. The Land Use Element, along with the other 10 elements in the Hawaiian Gardens General Plan, provides the long range context for development decisions and actions.

Single family residences are
the predominant housing type
in Hawaiian Gardens.
2 – Community Development
City of Hawaiian Gardens  General Plan 31

LAND USE CONTEXT
The community’s early history stems back to a foundation as a primarily agricultural settlement. Around the turn of the twentieth century, the area was largely unsettled, aside from a few scattered farms. During the early 1900’s, an attempt to relieve a water shortage revealed oil instead, causing a surge of interest in the area. Before long, land was being bought up in order to quickly subdivide large lots to sell off. It was eventually realized that there was no oil under Hawaiian Gardens; however, the newly subdivided land attracted several farmers and new families to the area.

Into the 1930’s Hawaiian Gardens continued to prosper as a small rural community of mostly dairy farms. Early developmental constraints revealed severe flooding, lack of a dependable potable water supply, and seismic hazards. However, external factors continued to influence a rapid growth rate, including the Great Depression and the post-war population boom.

Development within the community reacted to these changes with tract homes quickly springing up south of Carson Street. These historical subdivisions influenced the layout of land in the community, even to present day. The first zoning map was recorded in August, 1971, which looks strikingly similar to the current land use plan of the City.

The highly urbanized framework of Hawaiian Gardens indicates that current land use distribution will continue to reflect historical land use patterns. Currently, the City is made up of residential, commercial, industrial, and public and quasi-public land uses. Residential land uses account for nearly 60 percent of the total land area in the community, and the second largest land use, commercial, makes up over 23 percent of land area (Table 2-1). All public facilities, when consolidated, make up almost 14 percent of the land use distribution.

Table 2-1: Land Use Distribution
Land Use
Total
Percentage
Residential 59.9%
Commercial 23.3%
Industrial 3.1%
Civic 1.0%
Institutional 0.8%
Park 0.5%
Hospital 1.3%
Schools 8.3%
Church 1.8%
Total 100.0%
32 XXX 2024
The regional setting of the community is also predominantly urban, surrounded on all sides by existing, incorporated cities.

LAND USE PATTERNS
Because the major arterials, Carson Street and Norwalk Boulevard, perpendicularly intersect at the general center of Hawaiian Gardens, they serve as axes, dividing the layout of the land into quadrants. In conformance with this organization, all commercial and industrial uses are located along these axes. The City’s traditional “Downtown” is located on Norwalk Boulevard just north of Carson Street. As other newer commercial shopping centers developed over the years this older area has declined in importance.

Commercial uses within Hawaiian Gardens range from automotive related, car wash, and service-related uses, to restaurants, shops, major commercial shopping centers, and regional entertainment features, such as the Hawaiian Gardens Casino and Bingo Club. The City’s industrial area is concentrated in an industrial park located at the northern edge of the City, west of Norwalk Boulevard.

The residential neighborhoods in Hawaiian Gardens offer diverse housing opportunities and alternative options to that of the single family detached home. The southwest quadrant of the community contains a concentration of duplexes and single-family detached homes on very small lots. This subdivision pattern dates back prior to incorporation of the City; upon initial urbanization, this area was part of Los Angeles County. The southeast quadrant offers primarily duplexes, or two-family residences, in addition to multi-family options, including apartments, town homes, and condominiums. The two mobile home parks in the community, Lakewood Estates Mobile Home Park and Bloomfield Mobile Home Park, are also located in the southeast area.

The northwest portion of the community includes various interspersed residential land uses. This area includes Low Density, Medium Density, Intermediate Density, and High Density residential land use designations.

There are two large high-density multi-family complexes in this area; the Creekside Condominiums located on Norwalk Boulevard, north of 214th Street, and another apartment complex located on Centralia Avenue, east of Pioneer Boulevard. In addition, Fire Station No. 34, operated by the Los Angeles County Fire Department, and the U.S. Post Office, are located along Norwalk Boulevard within this quadrant of the City
Finally, the northeast portion of Hawaiian Gardens features the community’s lowest-density residential land uses. The lowest density area is located north and south of 213th Street, east of Norwalk Boulevard. This area is being preserved as Very Low Density, with lots that average 10,000 square feet in lot size. One of the City’s two specific plan areas is also located in the community’s northeast area on Schultze Drive. In addition, there are several churches located throughout Hawaiian Gardens that are typically located in residential neighborhoods.
2 – Community Development
City of Hawaiian Gardens  General Plan 33

PUBLIC FACILITIES
Schools
School facilities in Hawaiian Gardens are served by the ABC Unified School District. Two elementary schools and one middle school are located in the City. Hawaiian Elementary School is located at 12350 East 226th Street and serves the southeast portion of the city. Venn W. Ferguson Elementary School is located at 22215 South Elaine Avenue and serves the southwest portion of the city. Melbourne Elementary School, located northwest of Hawaiian Gardens in the city of Lakewood, serves the northern portion of the community.

The schools within ABC Unified School District provide grades preschool through twelve. The District serves the communities of Lakewood, Artesia, Cerritos, Hawaiian Gardens, and portions of Norwalk. The District consists of 19 elementary schools, five middle schools, three comprehensive high schools, a college preparatory 7-12 school, a continuation high school, preschool programs, infant/children centers, extended day care, and an adult school.

Hawaiian Elementary School
Hawaiian Elementary School was first opened in 1959. The total enrollment for the 2005-2006 school year was 578. The school offers grades kindergarten through six, and includes students from diverse ethnicities and backgrounds. In 2006, the average class size was 21 students. According to an interim evaluation, the School District reports that facilities are in good condition; this includes facilities and improvements such as restroom, sewer, playground/school ground, mechanical systems, interior surfaces, and other major systems.

Venn W. Ferguson Elementary School
Ferguson Elementary School currently serves approximately 630 students in grades kindergarten through six. The total enrollment for the 2005/2006 school year was 610.

The average class size at Ferguson Elementary School for grades kindergarten through six is 23 students. Major school facilities are operating in good repair, including restroom, sewer, playground/school ground, mechanical systems, interior surfaces, and other major systems and facilities.
34 XXX 2024
Pharis F. Fedde Junior High School
Fedde Junior High School is located at 12409 South Elaine Ave, in the northwest portion of the city. The school is the only middle school in the community and serves 542 students. Fedde Junior High School includes grades 7 and 8. The total 2005/2006 student enrollment at Fedde was 578.

During the 2005/2006 school year, there were a total of 283 students in seventh grade, and 295 students in eighth grade.

Hawaiian Gardens high school students attend Artesia High School in the city of Lakewood. Additional school facilities in the community include the Hawaiian Gardens Head Start program, located at 22150 Wardham Avenue.

Hawaiian Gardens Head Start provides child care services.

Civic Center
City administration is located at 21815 Pioneer Boulevard, on the western edge of the City. The administrative complex houses City Departments, City Council chambers, and a public works yard. The Public Works Department is located at the southern portion of the complex. The building was completed in 1980.

Aside from governmental uses, the Civic Center complex is the location of the C. Robert Lee Activity Center and the Mary Rodriguez Senior Center.

The C. Robert Lee Center is approximately 30,000 square feet in size, and includes basketball courts, weight lifting and gymnastics facilities, an arts and crafts area, and multi-purpose activity or meeting rooms. Several of the recreational programs offered by the City take place at the activity center.

Proposed civic center projects include expansions of the C. Robert Lee Activity Center, the City Hall administration building, and the parking area. Addition of a second story to accommodate additional fitness equipment is proposed for the activity center. The administration building expansion includes additional office and conference room space, as well as an expansion of the senior center. Parking improvements will include providing additional parking for the activity center, by removing the existing underutilized tennis courts and courtyard.
2 – Community Development
City of Hawaiian Gardens  General Plan 35
Library
The Hawaiian Gardens Library is located at 12100 East Carson Street. The library was founded in 1974, and is operated by the County of Los Angeles Public Library. The facility is approximately 4,000 square feet, and is located in a commercial shopping center. The library’s collection consists of approximately 42,973 books, 3,555 video recordings, 2,827 audio recordings and 50 magazine and newspaper subscriptions. Materials are available from the library in English, Spanish, and Chinese.

A proposed new facility for the Hawaiian Gardens Library is currently under construction in an existing building located at 11940 Carson Street.

The library facility is also home to the future Hawaiian Gardens Public Safety Center.

Fire Station
Fire protection services throughout the City of Hawaiian Gardens are provided by the Los Angeles County Fire Department. Fire response is dispatched out of Fire Station No. 34, located at 21207 South Norwalk Boulevard. The station is equipped with one fire truck and three personnel, including a fire captain, engineer, and firefighter.

Post Office
The United States Post Office is located at 21101 Norwalk Boulevard, on the northern edge of the City.

Hawaiian Gardens will be
home to an upgraded library
facility and future Public
Safety Center.
36 XXX 2024

LAND USE ISSUES
There are several notable land use trends that exist within the City. The Land Use Element contains goals and policies to address current issues in Hawaiian Gardens:
 The southwest and southeast quadrants characteristically contain many narrow, 25-foot wide single family residential lots that are uncommon in the remainder of the City. Due to the narrow width of the lots, building setbacks and open space amenities, such as front yard space and landscaping, are extremely limited. Since almost all of these small lots are within the Medium Density land use category, which allows the development of duplexes, the General Plan will need to address the development of these small lots in a manner that protects the existing character of the neighborhood and ensures quality development with associated open space amenities.
 The Code Enforcement Department handles a high number of property maintenance cases. A field survey of neighborhoods indicates that several residences lack proper maintenance and have front yards that appear unkempt. This may include aging and poorly maintained frontages, cars parked on front lawn areas, and dilapidated fencing.
 Another code enforcement issue is the prevalence of illegal garage conversions. Single family homes that include garages are often converted into an additional living space, such as a bedroom or den.

This problem is unfortunately related to other issues common in the community, like overcrowding and vehicle parking spilling onto the street, causing the lack of available surface street parking, in turn, making the residential circulation network increasingly narrow.  Many commercial uses are undistinguished, which are uses that do not serve a large retail base. The consolidation of small lots into larger development sites should be a priority for this area. Without the City’s assistance in land assembly, this area will likely not achieve its full development potential and may continue to decline.  Except for the larger shopping centers along Carson Street, commercial properties tend to be small and relatively shallow. Land assembly to accommodate larger projects is difficult for small developers, which hampers larger, more substantial and sustainable development. These areas would benefit from additional
commercial land, where appropriate, along Carson Street and Norwalk Boulevard south of Carson Street. General Plan policies and programs should support the consolidation of small lots so that larger development areas can be assembled and more substantial commercial development can take place.
2 – Community Development
City of Hawaiian Gardens  General Plan 37
 Other smaller strip commercial centers are located on Norwalk Boulevard, along with what has become known as the “Downtown District”, located on Norwalk Boulevard between Carson and 214th Streets. The City has designated this area for intense rehabilitation and has implemented a façade improvement program to help improve the physical appearance of the district. A streetscape enhancement program is also planned, including the
undergrounding of overhead electrical lines. Providing the right mixture of land uses in this area will be critical to its success as a pedestrian-oriented commercial district.
 The Downtown District should be identified and preserved as an effective pedestrian environment. In order to achieve this, it will be necessary to ensure that the types of commercial uses allowed to locate there are appropriate and contribute to a pleasant pedestrian experience. Uses such as automobile repair and offices that do not contribute to the desired retail commercial and pedestrian character of the area should not be allowed. Shops fronting on Norwalk Boulevard should be retail in nature with merchandise display windows that invite shoppers into the store for a closer look. Restaurants are also the types of uses that should be encouraged and assisted.
 Almost all of the older developments in the Downtown District lack sufficient parking. Parking areas should be encouraged to the rear of buildings, in order to improve customer parking and preserve the walkability of the area.

LAND USE OPPORTUNITIES
Although the Land Use Plan remains consistent with historical land use patterns, the General Plan Update provides an opportunity for including essential additions to the City’s development policy. In addition to crafting goals, policies, and implementing actions, the Land Use Element and Plan also contains the following:
 Update of existing land use conditions in Hawaiian Gardens;  Update of development and buildout projections to the General Plan horizon, year 2020. Projections for population, residential, and non-residential development have been updated for the year 2020;  The establishment of density ranges for residential land uses, which include Very Low Density, Low Density, Medium Density,
Intermediate Density, High Density, and Mobile Home Park residential land use designations;
 The establishment of building intensities for all non-residential (commercial, industrial, and institutional) land use categories; 38 XXX 2024
 Establishment of guiding principles which direct the Land Use Element goals, policies, and implementing actions;
 Expansion of some commercial areas along Carson Street and Norwalk Boulevard in order to create deeper commercial
development areas to accommodate more efficient development in the future.
 The creation of a new residential land use category, Very Low Density Residential (4 DU/Acre), in order to preserve the City’s only remaining estate residential lots; and
 The establishment of a Downtown Commercial district and subsequent development standards and regulations to encourage revitalization of the City’s downtown area and facilitate the formation of a pedestrian-friendly district.

The City of Hawaiian Gardens is approximately 99 percent built out, and as such, the Land Use Plan focuses on preserving residential neighborhoods, guiding the remaining development and redevelopment opportunities, and encouraging the revitalization of focus areas.

GUIDING PRINCIPLES
In support of the General Plan vision statement, the Land Use Element guiding principles embody the community’s values and will guide all decisions made pursuant to this General Plan. Due to the interconnected nature of the Land Use Element’s subject, guiding principles that support neighborhood and community image topics have been included, that are also featured in the Housing and Community Design Elements, respectively.

Land Use Guiding Principles
 Collaborate with applicants and developers to provide high quality development projects
 Ensure compatibility between residential and nonresidential land uses to create harmonious living environments
 Ensure continued economic development through the provision of adequate sites for commercial and industrial development
Neighborhood Guiding Principles (Housing)
 Preserve and enhance the community’s quality of life by fostering safe and appealing neighborhoods
 Provide a variety of housing options
2 – Community Development
City of Hawaiian Gardens  General Plan 39
City Image Guiding Principles (Community Design)
 Promote Hawaiian Gardens as a safe, friendly and diverse community  Celebrate the community’s achievements
 Ensure a high quality visual environment
These guiding principles together are concise ideas for focus of the Land Use Element and will help shape future land use and development decisions in Hawaiian Gardens.

GOALS AND POLICIES
To ensure effectiveness and suitability, the Land Use Element goals and policies must be compatible with the General Plan vision statement defined by the community, the guiding principles that serve as the foundation for the Land Use Element direction, and the 10 other elements in this General Plan. These factors collectively form the plan that will guide the physical development of the community.

Goals and policies established for the Land Use Element communicate the plan for achievement of a balanced community, preservation of housing opportunities in Hawaiian Gardens, an economically sustainable commercial core and dynamic Downtown District that enhance the community, a positive collective image, and efficient development review procedures.

Goal LU-1: Provide opportunity for continued revitalization of a balanced community.

Policies:

LU-1.1 Accommodate new development in accordance with the Land Use Map (Exhibit 2-1).

LU-1.2 Preserve and maintain existing parks, institutions, and cultural facilities.

LU-1.3 Manage residential growth that is supported by the necessary facilities and services provided by the City, special districts, and utilities.

LU-1.4 Require necessary improvements and/or fees of new development that will adequately serve each project.
40 XXX 2024
LU-1.5 Provide economic assistance and administer programs for the improvement and upkeep of physically deteriorated
structures.

LU-1.6 Accommodate, and make accessible, uses that support social welfare needs of the community.

LU-1.7 Encourage a diverse mix of businesses that support the local tax base, are beneficial to residents, and support the economic needs of the community.

LU-1.8 Provide necessary improvements and additions to existing infrastructure to serve existing and future land uses.

LU-1.9 Ensure that unique land uses, characterized by high occupancy or intensity of activity, be sited, designed, and administered to mitigate impacts on adjacent land uses.

LU-1.10 Facilitate the integration of regionally beneficial improvements, including flood control systems, utility
corridors, and recreational corridors.

LU-1.11 Require all new development to incorporate adequate onsite landscaping.

Goal LU-2: Preserve and enhance residential neighborhoods in Hawaiian Gardens.

Policies:

LU-2.1 Encourage land assembly and small lot consolidation for proposed residential projects with contiguous parcels.

LU-2.2 Actively utilize the Hawaiian Gardens Redevelopment Agency to maximize residential redevelopment activities in neighborhoods where concentrations of substandard
housing conditions exist.

LU-2.3 Require multi-family developments to incorporate site design features, including, but not limited to, open space, landscaping, communal courtyards, and outdoor furniture.

LU-2.4 Require the design of all residential development to utilize notches, balconies, roof lines, open space, setbacks,
landscaping and other architectural accents that add visual interest to buildings and streetscape and avoid
monotonous, flat facades.

LU-2.5 Require all new residential development to provide adequate landscaping.
2 – Community Development
City of Hawaiian Gardens  General Plan 41
LU-2.6 Require residential development to provide direct and convenient access to abutting sidewalks.

LU-2.7 Develop design criteria for residential development on narrow lots to improve the visual quality of these
developments from the public street.

LU-2.8 Maintain a persistent approach to the regulation of garage conversions.

Goal LU-3: Provide equal opportunities for home ownership and owner occupancy of single family residences.

Policies:

LU-3.1 Encourage the development of single-family owneroccupied residences.

LU-3.2 Promote the City’s housing rehabilitation programs for the benefit of existing and future residents.

LU-3.3 Encourage the development of mixed-use housing
opportunities in the General Commercial land use
designation.

Goal LU-4: Provide commercial retail opportunities that serve residents and visitors.

Policies:

LU-4.1 Provide continued incentives for the upgrading of commercial properties through the ongoing commercial
rehabilitation programs.

LU-4.2 Encourage development of vacant and underutilized commercial parcels.

LU-4.3 Assist in the consolidation of small commercial parcels in order to encourage larger and more sustainable commercial projects.

LU-4.4 Encourage the development of high quality commercial projects.

LU-4.5 Ensure that applicable land use regulations allow for commercial uses that serve a broad market area, including visitor-serving uses.

LU-4.6 Support redevelopment of underutilized and blighted commercial areas along Norwalk Boulevard.
42 XXX 2024
LU-4.7 Provide neighborhood commercial uses throughout the community to make goods and services available within
walking distances of residents.

Goal LU-5: Support the revitalization of a dynamic Downtown District on Norwalk Boulevard.

Policies:

LU-5.1 Encourage and establish practical and innovative incentives for the adaptive reuse of underutilized parcels, which may include financial grants, reduction of development fees, increased development potential, shared-parking
arrangements, or other available methods.

LU-5.2 Encourage the development of specialty commercial retail uses, including boutiques, restaurants, and entertainment.

LU-5.3 Require commercial uses to reflect a human scale and incorporate design elements as recommended in the
Community Design Element (Section 2).

LU-5.4 Create a pedestrian-oriented district that attracts visitors through the use of street furniture, varying pavement
patterns, distinctive lighting, and appealing signage.

LU-5.5 Encourage parking lots to be located to the rear of commercial buildings. Parking lots should not be located at the front of the building where they may detract from the desired pedestrian-friendly atmosphere.

Goal LU-6: Create visually prominent public spaces in Hawaiian Gardens.

Policies:

LU-6.1 Encourage commercial signage that is attractive and complies with design policies and guidelines in accordance with the Community Design Element (Section 2).

LU-6.2 Acquire and remove existing billboards when feasible, prioritizing areas that are most blighted. Future billboards should be prohibited.

LU-6.3 Install and maintain street trees and landscaping in all public rights-of-way by developing landscaping standards for commercial areas that unify and humanize each area. 2 – Community Development
City of Hawaiian Gardens  General Plan 43
LU-6.4 Create cohesive, walkable, and attractive pedestrian environments along predominant areas of visibility, such as Carson Street and Norwalk Boulevard.

LU-6.5 Encourage the development of landscaped open spaces and pedestrian plazas in commercial land uses.

Goal LU-7: Ensure the compatibility of land uses in close proximity to residential areas and public facilities.

Policies:

LU-7.1 Preserve the scale and rhythm of residential and commercial neighborhoods.

LU-7.2 Provide appropriate mitigation measures for proposed commercial uses that abut residential land uses in order to reduce potential negative impacts.

LU-7.3 Provide adequate buffering through the use of onsite design elements to minimize potential adverse conflicts between different land uses.

LU-7.4 Require that all commercial building facades facing residential parcels be designed to continue the architectural character established for the main street facing elevations and be aesthetically pleasing.

LU-7.5 Encourage lower-intensity land uses in commercial areas when adjacent to residential land uses.

LU-7.6 Evaluate the potential to develop an amortization program for non-conforming land uses, especially on properties
where there are only limited improvements.

Goal LU-8: Streamline the development review process for maximum efficiency and utilization of staff resources.

Policies:

LU-8.1 Assist applicants through the development review process to ensure timely, efficient, and successful completion of each project.

LU-8.2 Assess current development review processes to evaluate areas of strength and areas that may need improvement.

Goal LU-9: Enable Mixed-Use development to create walkable neighborhoods.
44 XXX 2024
Policies:

LU-9.1 Implement mixed-use zoning designations that will accommodate the City’s needed housing growth while
preserving existing retail tax base.

LU-9.2 Provide appropriate objective development standards to allow for the construction of mixed-use developments at maximum possible land use intensities.

LU-9.3 Require that all mixed-use building facades facing the public right-of-way create an appealing and engaging street frontage.

See the Implementation Program Section (Section 7) for implementing actions that support the goals and policies in the Land Use Element.

LAND USE PLAN
Interpreting the Plan
The General Plan identifies specific categories of land use. Whether it is residential, commercial, industrial, open space, public facilities, or other types of uses, each lot within the City is assigned a specific land use designation. Land use designations may specify density and/or intensity of development for each site. Density, which commonly refers to the number of residential dwelling units in a given land area, is often used as an interpretation for residential land development capacity. The standard format to describe residential density is dwelling units per acre (DUs/Acre), which is used as a measurement of population and development capacity for each area. This represents the number of dwelling units or development capacity per acre. Each residential designation also includes an allowable range in density that is applied to each site. The lower end of the density range describes the least (minimum) amount of development required, and the higher end of the density range represents the maximum number of allowable units. In addition to the residential land use density ranges, the zoning code provides further standards for required minimum lot size and allowable uses.
2 – Community Development
City of Hawaiian Gardens  General Plan 45
Alternatively, building intensity is used to describe development capacity for commercial, industrial, and other nonresidential uses. The standard commonly used for building intensity is floor area ratio (FAR). This describes the gross floor area permitted on a site divided by the total net area of the site. An FAR is typically applied on a parcel by parcel basis; that is, the intensity (permitted floor area) is calculated specific to the area (square feet) of a particular site.

Figure 2-1: Example of 0.5 Floor Area Ratio (FAR)
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2 – Community Development
City of Hawaiian Gardens  General Plan 47
Exhibit 2-1: Land Use Map
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2 – Community Development
City of Hawaiian Gardens  General Plan 49
General Plan Land Use Designations
Residential Land Uses
Residential land uses include all the areas dedicated to housing the residents of Hawaiian Gardens. Other related uses may be permitted, as further determined by the Zoning Code. Hawaiian Gardens features a diverse housing stock, providing low density estate lots, high density apartments and multi-family housing, and various types of single family detached homes and duplexes.

Very Low Density Residential (Density Range: 1 – 4 DUs/Acre) The Very Low Density Residential designation is a new category in the Land Use Plan. The purpose of this designation is to preserve the City’s only remaining large, estate residential lots. Lots within this designation are typically an average of 10,000 square feet.

Permitted uses in this category are single family residences, accessory dwelling units, small community care and day care facilities, cultural and educational facilities, recreational uses, and public facilities. Permitted uses are subject to consistency with zoning code requirements.

Low Density Residential (Density Range: 4.1 – 8.4 DUs/Acre) The Low Density Residential designation allows for relatively large singlefamily residential lots. Typically, residential lots average approximately 5,000 square feet, and contain one dwelling unit per lot. Allowable uses include single-family dwellings, in addition to:
 Accessory dwelling units
 Small community care and day care facilities
 Cultural and educational facilities
 Recreational uses
 Public facilities
Uses permitted are subject to consistency with zoning code requirements.

Medium Density Residential (Density Range: 8.5 – 17.0 DUs/Acre) Areas in the Medium Density Residential designation are single-family uses and duplexes. Medium Density Residential is most prevalent in the southwest portion of the city, with 25-foot lot frontages as standard.

Allowable uses in this designation include single-family homes, duplexes, multi-family developments, and public park facilities. Other use permitted, subject to consistency with zoning code requirements, include:
 Ancillary uses and accessory dwelling units
 Small community care and day care facilities
 Cultural and educational facilities
50 XXX 2024
 Recreational uses
 Public facilities
Intermediate Density Residential (Density Range: 17.1 – 19.0 DUs/Acre) The Intermediate Density Residential land use designation is classified by multi-family residences, including town homes, condominiums, and other multi-family residential uses. Densities within this land use category allow up to 19 dwelling units per net acre. Additional uses permitted consistent with zoning code requirements include:
 Ancillary uses and accessory dwelling units
 Small community care and day care facilities
 Cultural and educational facilities
 Recreational uses
 Public facilities
High Density Residential (24.0 DUs/Acre)
High Density Residential land uses are also intended for multi-family residences, including town homes, apartments, and condominiums.

Densities within this land use category allow between 17.1 and 24 dwelling units per net acre. The locations of high density land uses are in close proximity to commercial areas, for increased accessibility and convenience.

Additional uses permitted consistent with zoning code requirements include:
 Ancillary uses and accessory dwelling units
 Small community care and day care facilities
 Cultural and educational facilities
 Recreational uses
 Public facilities
Mobile Home Park
The Mobile Home Park land use designation allows for mobile home living areas, not to exceed 21 dwelling units per net acre. There are two existing mobile home parks within Hawaiian Gardens, which serve an alternative housing type offered in the City. Additional uses permitted consistent with zoning code requirements include:
 Ancillary uses and accessory dwelling units
 Small community care and day care facilities
 Cultural and educational facilities
 Recreational uses
 Public facilities
Mixed-Use 1 (20 du/ac)
2 – Community Development
City of Hawaiian Gardens  General Plan 51
The Mixed-Use 1 land use designation allows for a mixture of uses, including residential and ground-floor retail. Such development is intended to foster a walkable community where residents daily needs can be meet in close proximity to their homes. In order to be classified as mixed-use, development should include the following components:
 A combination of two or more significant land uses as part of a single or contiguous site;
 Significant functional and physical integration of project components; and
 Development in conformance with a coherent plan.

The Mixed-Use 1 land use designation is intended for areas of the city in close proximity to single-family homes and other sensitive land uses where more intense development might be incongruous with existing uses.

Mixed-Use 2 (30 du/ac)
The Mixed-Use 2 land use designation allows for a mixture of uses, including residential and ground-floor retail. Such development is intended to foster a walkable community where residents daily needs can be meet in close proximity to their homes. In order to be classified as mixed-use, development should include the following components:
 A combination of two or more significant land uses as part of a single or contiguous site;
 Significant functional and physical integration of project components; and
 Development in conformance with a coherent plan.

The Mixed-Use 2 land use designation is intended to allow for higher density and more intense land uses, and is generally located adjacent to commercial, industrial, and other non-sensitive uses.

Religious Institution Housing (20 du/ac)
The Religious Institution Housing land use designation implements the State’s SB4 law which allows for religious institutions to build affordable housing on their property. It provides for the ability for churches to build housing on underutilized portions of their lots, while maintaining existing church uses.
52 XXX 2024
Nonresidential Land Uses
Nonresidential land uses include all categories of land use other than residential throughout Hawaiian Gardens, including commercial, industrial, open space, institutional uses, and public facilities.

General Commercial (0.5 FAR)
General Commercial land uses are
classified by a broad range of commercial
services and uses, including retail sales,
service-related uses, entertainment,
community service organizations, and
professional offices. All General
Commercial areas are located along the
City’s major arterial corridors, Carson
Street and Norwalk Boulevard. The
maximum floor area ratio allowable for
General Commercial land uses is 0.5. The maximum allowable building intensity is also supported by the zoning code, which establishes maximum site coverage of 70 percent. Additional uses permitted in the General Commercial designation that are consistent with the zoning code include:
 Inns and boarding houses
 Institutional uses and public facilities
 Emergency shelters
 Health services
 Social service facilities
 Mixed-use development.

Light Industrial (0.5 FAR)
There is currently one industrial park, located in the northwest corner of the City. The Light Industrial land use designation includes light intensive industrial uses, which are not likely to have adverse effects upon each other or upon adjacent commercial and residential land uses. Additional uses permitted in the Light Industrial designation that are consistent with the zoning code include:
 Social service facilities
 General offices
 Parking lot, garage, or structure
Public and Quasi-Public Land Uses
Civic
2 – Community Development
City of Hawaiian Gardens  General Plan 53
The Civic land use designation includes public land uses, such as the City Administration Complex (City Hall), the Library and future Public Safety Center site, and other miscellaneous public sites.

Park
The Park land use designation includes the designated public park space within the City. The three existing parks—Pioneer Park, Clarkdale Park, and Lee Ware Park—include the Park designation. Any future additional park space would also be classified as a Park land use.

Elementary School
The Elementary School land use designation includes the City’s two elementary schools, Venn W. Ferguson Elementary School and Hawaiian Elementary School. The schools are within the ABC Unified School District, which operates and maintains each facility and associated functions.

Junior High School
The Junior High School land use designation includes Pharis F. Fedde Junior High School, located in the northwest corner of the City. Fedde Junior High School serves students at the seventh and eighth grade levels within the ABC Unified School District.

Institutional
The Institutional Land Use Designation includes the Fire Station and Post Office, both quasi-public land uses. The Institutional category replaces the previous Land Use Plan’s Fire and Post Office designations, and combines the uses under one land use designation.

Hospital
The Hospital land use designation includes the Tri-City Regional Medical Center, located near the Pioneer Boulevard and 215th Street intersection.

The hospital provides inpatient and outpatient services, and contains a total of 137 beds.

Assembly
The Assembly land use designation includes assembly service facilities typically used for religious worship and activities, and maintained and operated by an organization or religious body.

Overlays and Policy Areas
Artesia Norwalk Storm Drain
The Artesia Norwalk Storm Drain is located west of—and runs parallel to—Norwalk Boulevard. The drain traverses almost the entire City, 54 XXX 2024
generally approximately 100 feet in width, and extending slightly below the northern City boundary, directly adjacent to the fire station. Currently, the entire drain is a concrete lined channel.

Coyote Creek
The Coyote Creek channel flows northeast to southwest, located along the eastern edge of the City. The entire length of the channel that flows through the City is concrete lined. A proposed future regional bike trail will also run along the western bank of the channel.

Downtown Policy Area
The Downtown Policy Area is a new component of the Land Use Plan, for the City’s traditional downtown area located along Norwalk Boulevard north of Carson Street, between 214th Street to the north and Tilbury Street to the south. This commercial area is established in order to preserve the City’s pedestrian-scale commercial and to develop this specific area of the City for small-scale retail businesses, specialty shops, personal service uses, and restaurants that support resident’s needs and also cater to a broader subregional market.

The City has prioritized the revitalization and beautification of the Downtown District to allow for the preservation of the area’s unique design form and quality, encouragement of high quality development projects, and the rejuvenation of the Downtown pedestrian atmosphere through the installation of new streetscape and public realm elements.

The Downtown Policy Area is intended to accommodate a variety of retail uses within a well-designed environment with a strong pedestrian-oriented character. The maximum floor area ratio allowed for Downtown land uses is

0.5 FAR. In order to promote a pedestrian atmosphere, development standards should require that new buildings be constructed adjacent to the sidewalk for convenient pedestrian access. Goals and policies established in the Land Use and Community Design Elements are intended to support specific development standards and design criteria established in the zoning code.

Specific Plan Area
Specific Plan Areas outlined in the Land Use Map are areas with an adopted specific plan, subject to development standards and design criteria of the approved specific plan for the area. The Specific Plan Areas are located at 1) Canada Drive at Hawaiian Avenue, south of Carson Street, and 2) Schultze Drive, at 214th Street, north of Carson Street.

Casino Overlay
The Casino Overlay includes the parcels
located on Carson Street, between
Pioneer Avenue and Juan Avenue. The
2 – Community Development
City of Hawaiian Gardens  General Plan 55
Hawaiian Gardens Casino currently operates their 57,513 square foot facility at this location. The Casino Overlay is intended to allow for a gaming use, operating as a card club or casino with accessory uses provided for the convenience of the patrons.

Bingo Overlay
The Bingo Overlay is located along Norwalk Boulevard, south of Carson Street and north of 221st Street. The purpose of the Bingo Overlay is to permit the relocation and expansion of the proposed Bingo Club at this site.

The overlay permits the operation of bingo facilities at the location, and is consistent with the Bingo Club Overlay Zone in the zoning code.

Study Areas
The Study Area on the Land Use Map includes two parcels located at Farlow Street, north Carson Street. The Study Area is currently inaccessible, with no direct access from any side. Future development of this area would require direct access; therefore the area is primarily suitable for a comprehensive development project that consolidates existing lots.

Land uses that may be considered appropriate for this area include lowdensity residential or general commercial. The City may entertain development proposals with either or both of these land uses with approval of a specific development plan, General Plan amendment, and subsequent amendment of the Zoning Map.

Table 2-2: Land Use Plan
Land Use Designation
Maximum Density
/Building Intensity
Very Low Density Residential 4.0 DU/Acre
Low Density Residential 8.4 DU/Are
Medium Density Residential 17.0 DU/Acre
Intermediate Density Residential 19.0 DU/Acre
High Density Residential 24.0 DU/Acre
Mobile Home Park 21.0 DU/Acre
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Mixed-Use 1 20 DU/Acre (Residential)

0.5 FAR (Commercial)
Mixed-Use 2 30.0 DU/Acre (Residential)

0.5 FAR (Commercial)
Religious Institution Housing 20 DU/Acre
General Commercial 0.5 FAR
Light Industrial 0.5 FAR
Civic 0.5 FAR
Institutional 0.5 FAR
Park N/A
Hospital 0.5 FAR
Elementary School 0.5 FAR
Junior High School 0.5 FAR
Assembly 0.5 FAR
2 – Community Development
City of Hawaiian Gardens  General Plan 57

LAND USE FOCUS AREAS
In accordance with the General Plan vision and goals and policies presented in the Land Use Element, specific areas in the City have been identified as areas of focus for revitalization and rehabilitation. Through the implementation of this plan, the City will strive to attract quality development in the following areas (Exhibit 2-2):

1. Downtown District
This area is located along Norwalk Boulevard, between Tilbury Street to the south and 214th Street to the north. The Downtown District is made up of commercial uses, specifically small and local serving businesses. The area is part of the City’s Norwalk Boulevard Façade Renovation Program, which includes a façade improvement concept and streetscape enhancements.

In order to create a dynamic downtown atmosphere, specialty businesses that attract residents and visitors—such as coffee shops, restaurants, and boutiques—should be located here. In addition, sufficient parking to meet the demands of existing and potential businesses should also be considered.

The General Plan Update includes policies focused on the revitalization of the Downtown District, and has also expanded the commercial area to provide larger and varying lot sizes, in order to be viable and attractive to diverse new business opportunities.

2. South Norwalk Boulevard Corridor
The South Norwalk Boulevard Corridor lies between 221st Street and the City border to the south. The corridor is commercially designated and covers approximately 12 acres. There are several underutilized and blighted parcels, and businesses located in small and indistinct strip centers. The existing subdivision pattern makes it difficult to assemble development areas adequate to support economically viable commercial uses. This area should be of focus in order to attract new larger developments through parcel consolidation. Emphasis should be placed on attracting commercial development that is compatible with adjoining residential land uses; the incorporation of a consistent landscape theme on street frontages and within the public right-of-way; consistent design and signage treatment; and the provision of safe and adequate parking areas.

3. Study Area
This area consists of two parcels located at the eastern end of Farlow Street.

In the 1994 General Plan, this area was part of a larger area intended for recycling or major development, specifically new single family residential homes. One parcel is currently landlocked, and therefore cannot be developed individually, without public access. This area is designated as a Study Area in the Land Use Map, in order to provide a comprehensive development that will include public access. The area will respond to future 58 XXX 2024
development demands, with a possibility of either residential or commercial development.

4. Southwest Portion
This area is made up of residences on the southwest portion of the City, generally south of 221st Street and west of Ibex Road. This area has a high concentration of substandard housing, blighted conditions, code violations, and is characterized by a subdivision pattern that makes parcel assembly difficult. Redevelopment and revitalization in this area will focus on substandard housing, the provision of adequate improvements with new development, and parcel assembly to provide high-quality housing development.
2 – Community Development
City of Hawaiian Gardens  General Plan 59
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2 – Community Development
City of Hawaiian Gardens  General Plan
Exhibit 2-2: Focus Area Map
2 – Community Development
City of Hawaiian Gardens  General Plan 61
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2 – Community Development
City of Hawaiian Gardens  General Plan

LAND USE PLAN REVISIONS
This section details specific revisions made to the Land Use Plan as proposed in the comprehensive General Plan Update. Revisions were made to the 1994 Hawaiian Gardens Land Use Plan in consideration of various factors such as the community’s changing needs, a desire to facilitate economic revitalization, and a need to accommodate future potential residents and visitors. Table 2-3 identifies revisions to the plan.

Table 2-3: Land Use Revisions
Location Amendment Discussion
1 Southwest corner of
221st Street and
Wardham Avenue,
across from Lee Ware
Park
Designate one
parcel from
Medium Density
Residential to
Civic Designation
Wardham Avenue is often congested with onstreet parking from visitors to Lee Ware Park. The park does not provide sufficient parking, thereby
spilling visitor parking into the residential streets
surrounding the park. The intent of the City is to
explore possibilities of providing parking in the
future.
2 Specific Plan area,
located south of
223rd Street, between
Pioneer Boulevard
and Devlin Avenue.

Remove Specific
Plan area overlay
The 1994 General Plan established this Specific
Plan overlay for renovation and rehabilitation, and
to establish development standards. The adoption
of the zoning code in 2006 provided comprehensive
development standards for the City, therefore, the
Specific Plan area is no longer relevant.
3 General area east of
Norwalk Boulevard
and south of Brittain
Street
Create Park
Overlay area
The City's buildout and intensity have constrained
the development of parkland for residents. The
City would like to explore the potential to develop
a future park in this general area.
4 East of Claretta
Street, north of
Carson Street, at the
end of Farlow Street
Create Study Area
A Study Area was created for two parcels,
designated Low Density Residential, in order to
encourage contiguous development. Market
demands and other variables in the future can call
for either commercial or residential development.

The Study Area provides flexibility for a future
project at the site and will also require public
access, as one of the parcels is currently
landlocked.
5 North and south of
213th Street, east of
Norwalk Boulevard
New Very Low
Density residential
land use
designation
The new Very Low Density land use category calls
for a minimum density of 4 DU/Acre. The category
was created to preserve the City's last remaining
estate residential lots and provide a diverse
housing stock.
6 South of Carson
Street, east of
Norwalk Boulevard
Bingo Overlay The Bingo Overlay will support the relocation and expansion of the Bingo Club.
7 North of Carson
Street, west of
Pioneer Boulevard
Casino Overlay
The Casino Overlay will support the improvements
proposed for the existing Hawaiian Gardens
Casino.
8 Norwalk Boulevard,
between Tilbury
Street and 214th
Street
Downtown Policy
Area
The Downtown Policy Area was added to facilitate
the revitalization of the Downtown corridor
through focused policies, implementing actions,
and development standards incorporated in the
zoning code.
9 Norwalk Boulevard,
between Tilbury
Street and 214th
Street
Downtown
expansion
The Land Use Plan proposes to expand the
Downtown District by adding residential areas
that abut commercial uses along Norwalk
Boulevard, and designating these areas as General
Commercial land uses.
2 – Community Development
City of Hawaiian Gardens  General Plan 63
Location Amendment Discussion
10 South of Carson
Street, between Seine
Avenue and Devlin
Avenue
Library site
designation
The site for the Hawaiian Gardens Library and
future Public Safety Center is designated as a Civic
land use, from the previous General Commercial
land use designation.
11 South of 215th Street,
east of Horst Avenue,
west of Norwalk
Boulevard
Designate
Intermediate
Density
Residential area to
Medium Density
Residential.

Three residential blocks of Intermediate Density
Residential is amended to Medium Density
Residential land use designation.
12 East of Horst Street,
north of Tilbury
Avenue, west of
Norwalk Boulevard
Designate Medium
Density
Residential area to
Low Density
Residential
Three residential blocks of Medium Density
Residential is amended to Low Density Residential
land use designation.
13 East of Norwalk
Boulevard, south of
213th Street
Designate Low
Density
Residential area to
General
Commercial
Residential land uses that directly abut commercial
areas will be designated to General Commercial
land use.
14 South of Carson
Street, between
Pioneer Boulevard
and Norwalk
Boulevard
Designate Medium
Density
Residential area to
General
Commercial
Several small parcels located to the rear of
commercial uses on Carson Street are designated
General Commercial, in order to encourage lot
consolidation and comprehensive commercial
development.
15 Norwalk Boulevard,
between 221st Street
and Woodson Street
Designate Medium
Density
Residential areas
to General
Commercial
Several small parcels located to the rear of
commercial uses on Norwalk Boulevard are
designated General Commercial, in order to
encourage lot consolidation and comprehensive
commercial development.
16 Carson Street
between Claretta
Avenue and
Bloomfield Avenue.

Commercial and
Single-Family
Residential to
Mixed-Use 1
Four parcels land use designation changed to
Mixed-Use 1 to accommodate housing in
accordance with State law.
17 Norwalk Boulevard,
south of 226th Street
Commercial to
Mixed-Use 1
Two parcels land use designation changed to
Mixed-Use 1 to accommodate housing in
accordance with State law.
17 Carson Street at
Bloomfield Avenue.

Commercial to
Mixed-Use 2
Five parcels land use designation changed to
Mixed-Use 2 to accommodate housing in
accordance with State law.
18 Norwalk Boulevard
south of Centralia
Street.

Commercial to
Mixed-Use 1.

One parcel’s land use designation changed to
Mixed-Use 1 to accommodate housing in
accordance with State law.
19 Farlow Street
Single-Family
Residential to
Religious
Institution
Housing
One parcel’s land use designation changed to
Religious Institution Housing to accommodate
housing in accordance with State law.
64 XXX 2024

LAND USE FORECASTS
As part of the General Plan Update, analysis was conducted to study potential land use implications of various factors of the community based on anticipated development, population growth, and increased demand of services. As development continues in the community and land uses change, the anticipated buildout of the community by the general plan horizon year of 2020 is shown in Table 2-4.

Table 2-4: Hawaiian Gardens Land Use Forecasts: 2020
Land Use
Existing Conditions
Proposed General Plan Buildout
(Year 2020)
DUs Acres Square Feet DUs Acres Square Feet
Residential
Very Low Density
Residential
27 7.64
Low Density Residential 166 29.88 139 23.18
Medium Density
Residential 2,066 161.44 2,460 151.84
Intermediate Density
Residential 291 32.23 491 28.63
High Density Residential 719 41.86 719 41.86
Mobile Home Park 274 14.78 274 14.78
Mixed-Use 1 116 5.96 129,808
Mixed-Use 2 223 7.42 161,607
Religious Institution
Housing 19 0.95
General Commercial 108.8 1,421,798 106.94 1,578,878
Light Industrial 14.36 187,656 14.36 187,678
Civic 4.79 83,461 6.1 132,858
Fire (Proposed Institutional) 1.14 14,898
Post Office (Proposed
Institutional) 2.68 27,144 3.82 84,289
Park 2.51 2.51
Hospital 6.05 112,000 6.05 131,987
Elementary School 18.44 404,455 18.44 404,455
Junior High School 20.45 445,401 20.45 445,401
Assembly 8.36 109,248 8.36 177,725
Total 3,616 467.74 2,806,062 4,468 467.74 3,434,686
In the General Plan horizon year 2020, Hawaiian Gardens will be home to approximately 17,000 people and contain approximately 4,110 dwelling units in a variety of forms. Hawaiian Gardens will also feature a stable commercial land use base, a preserved industrial park, and sufficient public facilities to support the needs, activities, and leisure of residents. 2 – Community Development
City of Hawaiian Gardens  General Plan 65
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CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #C2
DATE: December 11, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Elise McCaleb, Community Development Director
RECOMMENDATION:

Recommendation to conduct second reading of Ordinance No. 2024-618, amending Section 18.90.080 of the City of Hawaiian Gardens Municipal Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units and finding the action to be statutorily exempt from CEQA under Public Resources Code § 21080.17.

SUMMARY
The proposed ordinance (Attachment 2) will amend section 18.90.080 of the Hawaiian Gardens Municipal Code (“HGMC”) to: (1) comply with recent changes to state law that impose new limits on local authority to regulate Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”); (2) make minor revisions requested by the California Department of Housing and Community Development (“HCD”); and (3) augment clarity for the benefit of staff and the general public.

BACKGROUND AND ANALYSIS:

In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs. The City’s regulations governing the creation of ADUs and JADUs are provided in HGMC section 18.90.080. The City most recently updated this section in January 2023 to comply with then recent changes in state law.

In May 2024, the City received correspondence from HCD identifying select provisions of HGMC section 18.90.080 that HCD maintained should be revised to comply with state law. Staff responded in June 2024 and agreed to incorporate HCD’s requested revisions into a future ADU Agenda Item #C2
December 11, 2024