Agenda packet — Hawaiian Gardens City Council, January 8, 2025 (part 1 of 2)

CITY OF HAWAIIAN GARDENS
CITY COUNCIL AGENDA
Maria Teresa Del Rio, Mayor Pro Tem
Victor Farfan, Councilmember
Luis Roa, Councilmember
Ernie Vargas, Councilmember
Dandy De Paula, Mayor
Wednesday, January 8, 2025
Regular Meeting, 6:00 PM
Ernesto Marquez, City Manager
Megan Garibaldi, City Attorney
Pablo Rubio, City Clerk
Meeting Location: City Council Chambers, 21815 Pioneer Boulevard, Hawaiian Gardens, California.

ADA Information: The City of Hawaiian Gardens complies with the provisions of the Americans with Disabilities Act (ADA). Anyone needing special assistance please contact the City Clerk’s Department at (562) 4202641 x 240, at least one (1) business day prior to the meeting so that we may accommodate you.

Bilingual Information: Anyone needing a Spanish bilingual interpreter for ORAL COMMUNICATION ONLY, please contact the City Clerk’s Department at (562) 4202641 x 240, at least one (1) business day prior to the meeting so that we may accommodate you.

The meeting can be viewed as a curtesy only and with no guarantee as to feasibility and disruption via various platforms as follows:

City of Hawaiian Gardens local cable/channel:

ATT 99
FRONTIER 16
Spectrum 36
Live Stream via City website at: www.hgcity.org.

INVOCATION
FLAG SALUTE
ROLL CALL
PUBLIC HEARING COMMENTS AND AGENDA GENERAL COMMENTS ARE TO BE SUBMITTED AND CONDUCTED AS FOLLOWS:

Pleasenotethatpubliccommentisonlyguaranteedtobetakeninpersonduringthemeetingor

CITY COUNCIL AGENDA

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Spectrum 36
Live Stream via City website at: www.hgcity.org.

INVOCATION
FLAG SALUTE
ROLL CALL
PUBLIC HEARING COMMENTS AND AGENDA GENERAL COMMENTS ARE TO BE SUBMITTED AND CONDUCTED AS FOLLOWS:

Please note that public comment is only guaranteed to be taken inperson during the meeting or prior to the meeting inwriting by complying with the below procedures. Remote participation is provided as a courtesy only and should not be relied upon to guarantee participation in the meeting. The City reserves the right to terminate remote participation methods (subject to Brown Act restrictions) at any time and for whatever reason. So long as the public may still attend the meeting inperson, the meeting will continue.

VIA WRITTEN CORRESPONDENCE / ECOMMENT: Members of the public who wish to comment on matters before the City may submit written correspondence to the following email address: [email protected], or by ecomment on the City’s website, by no later than Wednesday, January 8, 2025 at 4:00pm. Note: Written correspondence will not be read into the record during the meeting; however, correspondence received by 4:00pm will be forwarded to the City Council, made a part of the official record, and made available for public review during the meeting. If submitting a comment pertaining to an agenda item, please reference the agenda item.

INPERSON COMMENT the City Council will provide members of the public with the opportunity to address the City Council inperson on any issues within the subject matter jurisdiction of the Council or to speak on items on and off the agenda, except for Public Hearing items. Each speaker shall be limited to three (3) minutes of public comment at each regular meeting. The City Council shall not discuss or take action relative to any public comment unless authorized by California Government Code Section 54954.2(b).

COURTESY VIRTUAL PARTICIPATION: As noted above, remote participation is offered merely as a courtesy and convenience. The City cannot guarantee that the public's access to remote participation will be uninterrupted. The City cannot guarantee it will not terminate use of remote participation during the meeting. In order to ensure participation in the meeting, please attend inperson or submit a written comment as set forth above.

Courtesy remote participation will be conducted as follows: All members of the public participating via Zoom will be placed on mute, except for during the opportunity for public comments and when recognized by the Mayor. Members of the public may participate via Zoom by logging on via the information below:

Meeting Link: https://us02web.zoom.us/j/84396805805?
pwd=b3dOSGJmdTdiVjZGQWR4VkxxalBidz09

CITY COUNCIL AGENDA

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COURTESY VIRTUAL PARTICIPATION: As noted above, remote participation is offered merely as a courtesy and convenience. The City cannot guarantee that the public's access to remote participation will be uninterrupted. The City cannot guarantee it will not terminate use of remote participation during the meeting. In order to ensure participation in the meeting, please attend inperson or submit a written comment as set forth above.

Meeting Link: https://us02web.zoom.us/j/84396805805?
pwd=b3dOSGJmdTdiVjZGQWR4VkxxalBidz09
Meeting ID: 843 9680 5805 Passcode: HG1
Members of the public shall have the right to observe and offer public comment at the public meeting, consistent with the public's rights of access and public comment otherwise provided for by the Brown Act, as applicable (including, but not limited to, the requirement that such right of access and public comment be made available in a manner consistent with the Americans with Disabilities Act). The City reserves the right to utilize teleconferencing in accordance with AB 2449.

PROCLAMATIONS AND CERTIFICATES

1. RECOGNITION OF THE HOLIDAY HOME DECORATING CONTEST WINNERS

PRESENTATIONS

1. REVIEW OF THE FY 20232024 CITY OF HAWAIIAN GARDENS ANNUAL AUDIT PRESENTED BY GRUBER AND LOPEZ, INC.

AGENDA ORGANIZATION
This is the time for the City Council to discuss any changes in the order of agenda items.

A. PUBLIC HEARING(S) / HEARING(s)
B. CONSENT CALENDAR

1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA
That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.

SUGGESTED ACTION: Approve Recommendation.

2. Recommendation to conduct second reading of Ordinance No. 2024620, amending Sections 18.30, 18.40, 18.50, 18.55, 18.60, 18.70, 18.90, 18.100 and 18.110 of the City of Hawaiian Gardens Municipal Code, and amending the Zoning Code Map.

SUGGESTED ACTION: Approve Recommendation.

3. Recommendation to receive and file the Annual Comprehensive Financial Report for the fiscal year ending June 30, 2024.

SUGGESTED ACTION: Approve Recommendation.

4. Recommendation to receive and file warrants processed during the period of November30toDecember27,2024.

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SUGGESTED ACTION: Approve Recommendation.

3. Recommendation to receive and file the Annual Comprehensive Financial Report for the fiscal year ending June 30, 2024.

SUGGESTED ACTION: Approve Recommendation.

4. Recommendation to receive and file warrants processed during the period of November 30 to December 27, 2024.

SUGGESTED ACTION: Approve Recommendation.

5. Recommendation to approve the minutes for the City Council meeting of Wednesday, December 11, 2024.

SUGGESTED ACTION: Approve Recommendation.

C. DISCUSSION ITEM(S)
D. NEW BUSINESS
E. ORAL STAFF REPORT(S)
F. CITY ATTORNEY REPORT(S)
G. ORAL COUNCIL REPORT(S)
H. CLOSED SESSION

1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code section 54957.6
Agencydesignated representative: Ernesto Marquez, City Manager Employee Organizations: AFSCME Local 3624 Management Unit Union I. ADJOURNMENT
Adjourn to the next Regular City Council meeting to be held on Wednesday, January 22, 2025 at 6:00 PM.

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CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #B2
DATE: January 8, 2025
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. 2024-620, amending Sections 18.30, 18.40, 18.50, 18.55, 18.60, 18.70, 18.90, 18.100 and 18.110 of the City of Hawaiian Gardens Municipal Code, and amending the Zoning Code Map.

SUMMARY
This item includes multiple actions for the adoption and implementation of the City’s 6th Cycle Housing Element. The City Council recommendations are as follows: 1) adopt the 2021-2029 6th Cycle Housing Element; 2) adopt the Initial Study; 3) amend the City’s zoning code in accordance with the programs identified in the Housing Element and the City’s official Zoning Map; and 4) amend the City’s General Plan to ensure internal consistency with the Housing Element and update the City’s official General Plan Land Use Map.

BACKGROUND:

In California, a city must adopt a general plan to guide the long-term lang use planning and development. The general plan is required to include a housing element (HE). The HE is required to address a city’s existing and projected housing needs for people of all income levels based upon the Regional Housing Needs Assessment (RHNA).

The HE is governed by the Housing Element Law. HEs are completed every eight (8) years. The 5th Cycle HE expired in 2021. The 6th Cycle HE covers 2021-2029. The 6th Cycle housing elements were required to be adopted by jurisdictions in the Southern California Association of Government (SCAG) region by October 15, 2021. Cities failing to meet this deadline were found to be out of compliance with State law and were at risk of numerous penalties.

Agenda Item #B2
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The City of Hawaiian Gardens (City) was allocated 331 units distributed by four (4) income categories as shown in the table below.

Income Level Number of Required
Units
Percentage of Total
Very Low (up to 50% of
AMI)*
61 18.4%
Low (51-80% of AMI) 44 13.29%
Moderate (81-120% of AMI 46 13.89%
Above Moderate (+120% of
AMI
180 54.38%
TOTAL: 331 100%
The City has submitted six (6) drafts of the HE to the State of California Department of Housing and Community Development (HCD). On September 20, 2024, HCD issued its determination letter which found that the HE meets all statutory requirements.

Since the City missed the deadline for adoption of the 6th cycle housing elements by more than a year, the City must not only adopt the HE, but must implement the rezoning programs identified in the HE to accommodate the City’s RHNA requirements before it can be found to be in compliance with State housing law.

In 2023, Californians for Homeownership, Inc. (CH) sued the City for not having an approved 6th Cycle HE in place (Case: 23STCP00624). CH and the COHG attended a hearing in November 2023. The judge ruled in favor of CH and ordered the City to complete its rezone within 60 days of entry of a final judgement. The City is still awaiting the entry of final judgement.

ANALYSIS:

Housing Element
The draft HE that has been reviewed by HCD and found to meet the requirements of State law. It is organized into eight sections, including an Executive Summary, Introduction, Housing Needs Analysis, Regional Housing Needs Assessment and Special Housing Needs, Resources and Constraints, Land Inventory, Evaluation of the Previous Housing Element, and Housing Goals, Policies, Programs, and Quantified Objectives.

The HE also identifies 37 programs that the City will implement during the 6th Cycle. These programs address the City’s RHNA requirements, among other things. Most notably, these programs commit the City to creating multiple new zoning designations, including Agenda Item #B2
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Mixed-Use 1 (MU1) and Mixed-Use 2 (MU2) zones, and the Religious Institution Housing (RIH) zone.

The HE identifies six (6) housing sites that make use of these new zoning designations to accommodate the City’s RHNA requirements. The six sites are described below.

Casino overflow parking lot: The casino overflow parking lot is located at 22601 Norwalk Blvd. (APNs 7075-020-007 and -010) adjacent to the southern boundary of the City. The site is currently being used as overflow parking for the Gardens Casino located approximately 1 mile northwest of the site. The HE commits the City to rezone this site from C-4 to MU-1, which would allow for the development of residential uses at 20 to 30 units per acre, either with or without a commercial component. It is anticipated that this

0.88-acre site would accommodate at least 17 new homes, with 2 affordable to very lowincome households, 2 affordable to low-income households, 2 affordable to moderateincome households, and 11 affordable to above moderate-income households.

Shopping center: The shopping center is located at 12529 Carson Street adjacent to the eastern boundary of the City. The site consists of 5 parcels that are owned by the same property owner (APNs 7066-013-059 through –063), which when combined, total 4.7 acres. The site is currently being used as a commercial shopping center and contains a large parking lot. The HE commits the City to rezone this site from C-4 to MU-2, which would allow for the development of residential uses at 30 to 40 units per acre, either with or without a commercial component. It is anticipated that this 4.7-acre site would accommodate at least 141 new homes, with 9 affordable to very low-income households, 18 affordable to low-income households, 21 affordable to moderate-income households, and 93 affordable to above moderate-income households.

Elks Lodge, City-owned lot, and adjacent parcels: This site is located at 12507 Carson Street, approximately 150 feet west of the shopping center site. The site consists of 4 parcels (APNs 7066-013-057; -064, -046, -913), which when combined, total 3.98 acres.

The existing uses on the site include the Elks Lodge building with a large, underutilized parking lot; the western portion of a commercial shopping center; 3 residential units; and a vacant lot owned by the City. The HE commits the City to rezone this site from C-4 to MU-1, which would allow for the development of residential uses at 20 to 30 units per acre, either with or without a commercial component. It is anticipated that this 3.98-acre site would accommodate at least 77 new homes, with 19 affordable to very low-income households, 11 affordable to low-income households, 15 affordable to moderate-income households, and 32 affordable to above moderate-income households.

Planet Fitness Gym: The gym is located at 21101 Norwalk Boulevard adjacent to the northern boundary of the City (APN 7065-001-015). The existing use of the site includes a Planet Fitness gym and large parking lot. The HE commits the City to rezone this site from C-4 to MU-2, which would allow for the development of residential uses at 30 to 40 units per acre, either with or without a commercial component. It is anticipated that this Agenda Item #B2
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2.72-acre site would accommodate at least 82 new homes, with 5 affordable to very lowincome households, 11 affordable to low-income households, 10 affordable to moderateincome households, and 56 affordable to above moderate-income households.

Auto Zone: The site is located at 21418 Norwalk Boulevard and consists of an Auto Zone and large parking lot. The HE commits the City to rezone this site from C-4 to MU-1, which would allow for the development of residential uses at 20 to 30 units per acre, either with or without a commercial component. It is anticipated that this 1.1-acre site would accommodate at least 22 new homes, with 2 affordable to very low-income households, 4 affordable to low-income households, 5 affordable to moderate-income households, and 11 affordable to above moderate-income households.

Church of Deliverance International: The church is located at 12441 Farlow Street (APN 7066-013-020) near the northern boundary within the eastern portion of the City. The site is a total of 1.06 acres and consists of a church building and surface parking lot. The HE commits the City to rezone this site from R-1 to RIH, which would allow for the development of affordable housing alongside the existing church use. The RIH zone would be a local implementation of the State’s SB 4 law, which already allows churches to develop housing on their property. It is anticipated that the approximately 0.95 acre of the site, currently being used for parking, could be redeveloped into affordable housing.

The RIH zone would allow for densities of 20 to 30 units per acre. This site would be able to accommodate at least 19 homes affordable to very-low income households on the parking lot portion of the site.

In addition to these six identified sites, the City is relying upon the continued construction of Accessory Dwelling Units (ADUs) to help meet its RHNA requirements. Based on the number of permits issued for ADUs in 2021 and 2022, it is anticipated that a total of 78 ADUs will be built in the City during the 6th Cycle.

Based on research conducted by SCAG and accepted by HCD, it is anticipated that these ADUs will be affordable to households with a range of incomes, as shown below:
12 Extremely-low income
6 Very-low income
35 Low income
2 Moderate income
23 Above-moderate income
78 Total
In total, these sites and the anticipated ADUs meet the City’s RHNA requirements with a surplus at each income category. The surplus is necessary (and required by HCD) so that the City does not fall out of compliance with State law if an identified housing site is built with fewer units than anticipated, which could cause the City to have insufficient housing sites identified to meet its RHNA. The City’s RHNA requirements and the number of Agenda Item #B2
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housing units accommodated with the implementation of the HE at each income level is shown below:

Total Surplus
Income Level RHNA Capacity Surplus Percent
Very-low 61 74 13 21%
Low 44 81 37 84%
Moderate 46 55 9 20%
Above Moderate 180 267 87 48%
Total 331 477 146 44%
Zoning Code Amendment
The proposed zoning code amendment would implement many of the programs identified in the HE, including: 1) creating the MU1, MU2, and RIH zones; 2) creating objective development standards for multi-family residential development; 3) reducing setbacks and open space requirements for existing multi-family zones; 4) establishing residential densities for mixed-use development in the C-2 and C-4 zones; 5) creating new by-right review standards for projects that meet the objective design standards; 6) updating density bonus section to reference State law; 7) adding new permitted uses in the City’s residential and non-residential zones for shelters, navigation centers, residential care facilities, and other uses required by state law; and 8) other changes to ensure consistency between the City’s existing code and the new code sections and amendments. The zoning code amendments are detailed by chapter below:

Chapter 18.30 – Zoning Map: The amendment to Chapter 18.30, Zoning Map, adds the RIH, MU-1, and MU-2 as zones, which are further defined in later articles.

Chapter 18.40 – Residential Zones: The amendment to Chapter 18.40, Residential Zones, is amended to add the RIH zone and its development standards and permitted uses, establish the residential density permitted in each residential zone, remove the minimum lot area per unit in the R-2, R-3, and R-4 zones, reduce the setbacks and open space requirements in the R-2, R-3 and R-4 zones, and permit additional housing types in residential zones as required by State law.

Chapter 18.50 – Residential Regulations: The amendment to Chapter 18.50, Residential Regulations, is amended to add development standards and application requirements for single room occupancies, reduce parking requirements in multi-family residential zones, and amends residential development standards for parking; landscaping; enclosures; fences, walls, gates, and hedges; lighting and security; height of structures; yard encroachments; and residential design standards to be consistent with the multi-family residential development standards established in Chapter 18.55- Mixed-Use Zones.

Agenda Item #B2
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Chapter 18.55 – Mixed-Use Zones: Chapter 18.55, Mixed-Use Zones, is a new section of the zoning code to regulate the development of the MU-1 and MU-2 zones. Chapter

18.55 provides for the allowed uses and development standards for these zones. In addition, Chapter 18.55 includes a number of objective design standards to ensure that new mixed-use developments are compatible with the existing buildings in Hawaiian Gardens.

Minimum floor area per dwelling unit
Single room occupancy 150 square feet
Efficiency apartment 450 square feet
1-Bedroom unit 750 square feet
2+-Bedroom unit 950 square feet
Building Envelope
MU-1 MU-2
Residential density 20 to 30 du/ac 30 to 40 du/ac
Maximum height* 3 stories or 36 feet,
whichever is less
4 stories or 48 feet,
whichever is less
Ground Floor Commercial Setbacks and Build-to-Lines**
Front Built-to Line Within 5 feet of right-of-way
Side Built-to Line Within 5 feet of right-of-way
Side abutting a
residential zone
10 feet, plus 1 foot for each foot the bldg. exceeds 30 feet in height
Rear None required
Rear abutting a
residential zone
10 feet, plus 1 foot for each foot the bldg. exceeds 30 feet in height
Ground Floor Residential Setbacks
Front 5 feet to accommodate porches and patios
Front setback buffer 4-foot-wide landscaped buffer, which is permitted within the front yard setback between unit entries
Side 5 feet
Side setback buffer 4-foot-wide landscaped buffer, which is permitted within the side yard setback
Side abutting a residential
zone
10 feet, plus 1 foot for each foot the bldg. exceeds 30 feet in height
Agenda Item #B2
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Rear None required
Rear abutting a residential
zone
10 feet, plus 1 foot for each foot the bldg. exceeds 30 feet in height
Chapter 18.60 – Non-Residential Zones: The amendment to Chapter 18.60, NonResidential Zones, is amended to establish the residential density for the C-2 and C-4 zones, permit mixed-use development in the C-2 and C-4 zones without a Minor Use Permit, and permit additional housing types in non-residential zones as required by State law, including low barrier navigation centers and emergency shelters.

Chapter 18.70 – Non-Residential Regulations: The amendment to Chapter 18.70, NonResidential Regulations, is amended to remove Section 18.70.100 (Mixed use projects) and specify that development standards for mixed-use developments in the C-2 and C-4 zones will be subject to the development standards set forth in Chapter 18.55, Mixed-Use Zones.

Chapter 18.90 – Supplemental Regulations: The amendment to Chapter 18.90, Supplemental Regulations, is amended to update Section 18.90.070 (Density bonuses) to refer to State law.

Chapter 18.100 – Administration: The amendment to Chapter 18.100, Administration, is amended to indicate that the Community Development Director will grant CEQA exemptions on qualifying projects.

Chapter 18.110 – By-Right Approvals: Chapter 18.110, By-Right Approvals, is a new section of the zoning code to provide for by-right approvals for residential developments that meet the requirements set out in the Chapter. The requirements for projects that are subject to by-right approvals under Chapter 18.110 include: 1) projects on sites identified in the housing element and include 20% of units affordable to lower income households; 2) permanent supportive housing projects; 3) low barrier navigation centers; 4) 100% affordable project on land owned by a religious or higher education institutions; 5) emergency shelters; or 6) single room occupancy projects where at least 20% of the units are affordable to lower income households. Projects meeting these objective design standards may be approved by the City’s Community Development Director without review by the Design Review Committee, Planning Commission, or City Council.

Zoning Map Update
The proposed zoning map update implements the programs of the Housing Element to rezone the identified housing sites to their respective zoning designations as discussed above and listed here: 2601 Norwalk Blvd. (APNs: 7075-020-007, 010) to Mixed-Use 1 (MU-1); 12529 E. Carson St. (APNs: 7066-013-059, 060, 061, 062, 063 to Mixed-Use 2 (MU-2);12507 E. Carson St. (APNs: 7066-013-046, 057, 064, 913) to MU-1; 12441 Farlow St. (APN: 7066-013-020) to Religious Institution Housing; 21418 Norwalk Blvd.

Agenda Item #B2
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(APN: 7066-021-026) to MU-1; and 21101 Norwalk Blvd. (APN: 7065-001-015) to MU-2.

General Plan Amendment
The General Plan Amendment incorporates the MU-1, MU-2, and RIH land use designations in the General Plan Land Use Plan, which will be implemented by the MU1, MU-2, and RIH zones. The Amendment will include a new goal, Goal LU-9, and related policies detailing the purpose of the new mixed-use designations in the Land Use Element and will add new Goal LU-9 and associated policies and implementation actions to the General Plan Implementation Program. The amendment will also add the Mixed-Use 1, Mixed-Use -2, and Religious Institution Housing land use designations within the section of the Land Use Element regarding General Plan Land Use Designations, as well as make minor administrative changes to ensure consistency within the Land Use Element with the addition of the new land use designations. Amendments to other elements of the General Plan are not anticipated at this time. The City’s General Plan Land Use Map will also be changed.

Goal LU-9 states, “Enable Mixed-Use development to create walkable neighborhoods.” There are three policies that implement Goal LU-9, which state:

LU-9.1 Implement a mixed-use zoning designation that will accommodate the City’s needed housing growth while preserving existing retail tax base.

Agenda Item #B2
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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-ofway create an appealing and engaging street frontage.

Land Use Map Update

ENVIRONMENTAL ANALYSIS
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 is attached as Exhibit C to Ordinance and, for the reasons provided therein, determined that the adoption of the items addressed above Agenda Item #B2
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will not result in any potentially significant impacts to the environment, and that no additional environmental assessment is required under Government Code section 65759(a)(2). For these reasons, staffs’ recommendation is for the Planning Commission to recommend that the City Council adopt the initial study.

FISCAL IMPACT
There is no fiscal impact to the City of Hawaiian Gardens.

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENTS
A. Ordinance No. 2024-620
ORDINANCE NO. 2024-620

AN ORDIANCE OF THE CITY COUNCIL OF THE CITY OF
HAWAIIAN GARDENS AMENDING SECTIONS 18.30,

18.40, 18.50, 18.55, 18.60, 18.70, 18.90, 18.100 AND 18.110

OF THE CITY OF HAWAIIAN GARDENS MUNICIPAL

CODE, AND AMENDING THE ZONING CODE 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 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, the City prepared revisions to Zoning Code and Map, to be consistent with the 2021-2029 6th Cycle Housing Element; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. Zoning Code Amendment. Sections 18.30 (Zoning Map), 18.40 (Residential Zones), 18.50 (Residential Regulations), 18.55 (Mixed-Use Zones), 18.60 (Non-Residential Zones), 18.70 (Non-Residential Regulations), 18.90 (Supplemental Regulations), 18.100 (Administration), and 18.110 (By-Right Approvals) of the City of Hawaiian Gardens Municipal Code are amended in their entirety and attached hereto.

SECTION 3. Effective Date. This Ordinance takes effect 30 days after its adoption.

SECTION 4. HCD Submittal. In accordance with Government Code section 66326, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.

SECTION 5. Publication. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.

SECTION 6. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 21815 Pioneer Boulevard, Hawaiian Gardens, CA 90716.

SECTION 7. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

PASSED, APPROVED AND ADOPTED by the City Council of the Hawaiian Gardens, California, at a regular meeting of the City Council held on the 8 th day of January
2025.
________________________________
Dandy De Paula, Mayor
ATTEST:
________________________________
Pablo Rubio, City Clerk
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
________________________________
Megan Garibaldi, City Attorney
Chapter 18.20 - DEFINITIONS

18.20.010 - General interpretation.

A. The purpose of these definitions is to promote consistency and precision in the interpretation of this Zoning Code. The meaning and construction of words and phrases as set forth shall apply throughout this Zoning Code except where the context of such words or phrases clearly indicates a different meaning or construction.

B. Any word or phrase not listed in this Zoning Code that is in question when administering these zoning regulations shall be defined from one of the following sources that are incorporated herein by reference. These sources shall be utilized in the order in which they are listed below.

1. Any applicable statute or regulation of the State of California;

2. Any term defined from applicable California State case law;

3. Other regulations of the City of Hawaiian Gardens Municipal Code;

4. Any other City of Hawaiian Gardens resolution, ordinance, or policy;

5. Black's Law Dictionary; and

6. Webster's Dictionary.

18.20.020 – Use of terms.

A. Rules for construction of language. The following general rules of construction shall apply to the textual provisions of this Zoning Code:

1. The specific shall supersede the general.

2. The word "shall" is mandatory. The word "may" is permissive. The word "should" identifies a regulation or design guideline that must be followed in the absence of compelling opposing considerations identified by the City decision-making body.

3. In the case of any difference of meanings or implication between the text regarding a provision of the Zoning Code and any title, heading, caption or illustration, the text shall control.

4. Unless the context clearly indicates otherwise, words used in the present tense include the future, words used in the singular include the plural, and words used in the plural include the singular.

5. Unless the context clearly indicates otherwise, certain conjunctions shall be interpreted as follows:
a. "And" indicates that all connected items or provisions shall apply. b. "Or" indicates that the connected items or provisions may apply individually or in any combination.
c. "Either...or" indicates that the connected items or provisions shall apply, but not in combination.

6. Unless otherwise indicated, all public officials, bodies and agencies to which reference is made are those of the City of Hawaiian Gardens.

B. Time periods. The use of the term "days" to describe a specific time period does not include the day the action was taken but includes all subsequent calendar days, unless the last day falls upon a Saturday, Sunday or a legal City holiday, in which case the next calendar day shall be the last day of the time period.

18.20.030 – Definitions.

A
Abandon. To intentionally give up, leave, cease to use, operate, occupy, or relinquish all interest or ownership of property or other items.

Abandoned vehicle. A vehicle that the most recent registered owner has abandoned and/or a vehicle in which the most recent registered owner has ceased to maintain, repair or keep up; and/or any vehicle left unattended on private property without the consent of the owner or lessee of such property or his or her legally authorized agent.

Abut. Having boundaries or lot lines in common.

Access. A passage, way, street or driveway that pedestrians and/or automobiles use for entry and exit to a lot or property.

Accessory dwelling unit. An attached or detached dwelling unit that is accessory to a primary residence and has complete independent living facilities for one or more persons.

Accessory structure or building. A structure, detached from the main building located on the same lot and that serves a secondary purpose to the main building but does not include any habitable living space. Portable structures, including canvas covered parking structures are considered accessory structures. A garage shall not be classified as an accessory building.

Accessory Structure
Accessory use. A use that is incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.

Adjacent. Having two or more objects near each other or having two or more lots separated by an alley, street, highway, or easement.

Administrative approval. A written decision by the Community Development Director to authorize the development of a use or the operation of an activity.

Administrative review. A decision-making process involving the judgment of the Community Development Director when applying specific decision criteria and requirements.

Adult business or sexually oriented business. Establishments that are conducted for the patronage of adults, and where minors are excluded by law or by the operators of the business. These uses are predominantly distinguished or characterized by an emphasis on entertainment, goods, devices, or services, that are sexually explicit in nature and may, pursuant to existing laws, be offered only to persons over the age of 18 years.

Adult businesses include, but are not limited to, adult arcades, adult bookstores, adult cabarets, adult motel, adult motion picture theaters, adult novelty stores, escort services, gentleman's club, massage parlors, and public bathhouses.

Affordable housing. Housing that falls within guidelines established by the State Department of Housing and Community Development for affordability to very low, low and lower-income households, as determined by the household income level and number of members in the household, in relation to the area median income for the County. Median income limits are established by the State Department of Housing and Community Development, and may be amended from time to time.

Alley. A public or private right-of-way used as secondary access for pedestrians, vehicles, or utility lines to abutting lots.

Alley
Alteration. A physical change or variation of the structural or architectural features or visual characteristics of a building or structure, including changes in paint, color or surface texture; site grading or surface paving; moving or removing interior walls and partitions; adding new structures or rooms; cutting or removing trees or other natural features; and placement of objects that affect exterior qualities of a property, such as signs, plaques, light fixtures, street furniture, walls, fences, steps, planting or landscaping.

Ambient noise level. The overall noise level within an area, as a composite of sounds from all sources in and near the area.

Amendment. A change in the wording, text, context, or substance of this Zoning Code; a change in the zoning map; a change to the official controls of the City of Hawaiian Gardens Zoning Code; or any change to a condition of approval or modification of a permit or plans reviewed or approved by the Community Development Director, the Planning Commission, or the City Council.

Animal hospital. See veterinary clinic.

Animal raising and breeding. The keeping of animals on a lot for grazing, breeding, raising, training or other personal use of the residents of the property.

Antenna. A device for transmitting or receiving radio, television, satellite, telephone, microwave, or any other transmitted signal, including equipment attached to a tower or building for the purpose of providing personal wireless services. This includes unlicensed wireless telecommunications services, wireless telecommunications services utilizing frequencies authorized by the Federal Communications Commission for cellular, enhanced specialized mobile radio, personal communications services, facilities for the transmission and reception of radio or microwave signals used for communication, cellular phone, personal communications services, and enhanced specialized mobile radio. See wireless communication facility.

Antenna height. The vertical distance measured from the base of the antenna support structure to the highest point of the antenna. Measurement of telecommunication tower height shall include the antenna, base pad, and other appurtenances and shall be measured from the finished grade at the base of the tower to the highest point of the wireless communication facility including all antenna attached to the structure.

Monopole. A device for transmitting or receiving radio, television, satellite, microwave, or any other transmitted signal that takes the form of a single pole.

This includes similar devices with camouflaged or concealed telecommunications design, and disguised as pine trees, palm trees, flagpoles, and other structures.

Apartment. A room or group of rooms, not owner-occupied, that includes kitchen facilities and is rented by one household for living and sleeping purposes.

Apartment house. A structure with three or more dwelling units used by three or more households living independently.

Community apartment. A development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon.

Efficiency apartment. A dwelling unit with a room and bath within a multiple dwelling structure, with or without kitchen facilities.

Arcade. An establishment containing three or more video or electronic amusement devices.

Architectural feature. An architectural element of a building or structure that embodies the style, design, or general arrangement, including exterior surface treatments, colors, texture, building materials, and type and style of windows, doors, lights, signs, and other appurtenant fixtures.

Area. The floor area or land area contained within set boundaries.

Buildable area. The portion of the lot that may be occupied by buildings and excludes all required front, side and rear setback areas, minimum open space and lot coverage requirements, and other areas where structures are prohibited.

Floor area. The total horizontal area within a building, as measured from the exterior surfaces of the outside walls, including all floors above or below the ground level, and excluding vent shafts, courts, and parking areas.

Livable floor area. Also living area. The interior areas of a dwelling unit that may be occupied for living purposes by humans, including basements and attics. It does not include a garage or accessory structure.

Net lot area. Area of the lot excluding existing or proposed highways, streets or alleys and other easements where the property owner does not have the right to use that portion of the lot.

Assembly. A gathering of persons at one location for a common purpose or agenda.

Also public assembly.

Attached dwelling. A structure containing two or more dwelling units, generally one or two stories in height. All units have ground floor access and are joined to one another only by party walls or a common roof. Examples are townhouses, triplexes, and fourplexes.

Attached structures. Two or more structures that are physically connected with at least five feet of common wall.

Auditorium. A room for public assembly, lectures, entertainment, dance, or similar uses.

Authorized agent of owner. A person who has written permission to act for, make commitments for, speak for, or make representations for the owner of a property.

Automobile repair. The servicing of automobiles, including mechanical servicing and body work.

Automobile sales area. Also, truck sales area, trailer sales area, or boat sales area. An open area or building used for the display or sales of new or used automobiles, trucks, trailers, or boats.

Automobile service station. Also gas service station or service station. A building or area used primarily for the retail sale of gasoline and other motor fuels and the incidental sale of goods and services for the day-to-day operation of vehicles. This includes facilities with grease racks, tire repairs, battery charging, hand car wash, sale of products and supplies related to vehicle services. It excludes automobile body and fender work, auto painting, engine overhauling, and any other major auto repair activities.

Automobile trailer. A vehicle, other than a motor vehicle, designed to be drawn by a motor vehicle and that is used for carrying goods and property.

Automobile washing. Washing, waxing, and cleaning of automobiles or similar vehicles.

Awning. A roof-like cover that is attached and projects from the exterior wall of a building and located above a window or door, which is provided for decorative purposes or serves as a shield from sun or rain.

B
Bachelor apartment. See apartment, efficiency.

Balcony. A platform projecting from the upper story of a structure and enclosed by a railing or balustrade, with or without direct access to the structure it is attached to.

Basement. A room or group of rooms that has a floor level that is partly or completely below the outside ground level.

Bed and breakfast inn. A house, or portion thereof, where short-term stay lodging rooms and meals are provided, with the operator of the inn living on the premises or adjacent premises.

Bedroom. Any habitable room that may be used for sleeping purposes other than a kitchen, bathroom, hallway, dining room, or living room.

Berm. A mound or embankment of earth.

Berm
Billboard. See sign.

Block. A parcel or parcels of land bounded on all sides by streets, rights-of-way (except alleys), waterways, greenbelts, terminus of dead end streets, or City boundaries.

Block
Boarding house. A structure used for residential purposes, other than a hotel, with access provided through a common entrance to guest rooms that have no cooking facilities, in which lodging and meals are provided for compensation.

Branch post office. A government-operated subdivision of a main post office station serving as a base for one or more carrier routes and providing customary customer postal service. A branch post office may be incorporated as a part of another commercial use.

Buffer. An area used to screen the visual, noise, light, and other nuisances of one land use from adjacent properties or roadways.

Building. Any structure having a roof supported by columns, posts, or walls and used for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind, excluding vehicles even though immobilized.

Building area. The areas of the exterior horizontal projections of all buildings on a lot, excluding pergolas, steps, chimneys, eaves, buttresses, cornices, unenclosed and unroofed terraces, patios, unenclosed private balconies not used for access and minor ornamental features projecting from the walls of the building and not directly supported by the ground.

Building component. Any subsystem, subassembly, or other system designed for use in, or as part of, a structure, which may include structural, electrical, mechanical, plumbing, and fire protection systems and other systems affecting health and safety. However, "building component" does not include appliances or equipment, such as heaters, stoves, refrigerators, or air conditioners that have been listed and labeled by an approved testing and listing agency.

Building coverage. The percentage of the lot area that is covered by all the buildings on the lot, as seen from a plan view.

Building Coverage
Building façade. The exterior walls of a building exposed to public view or that wall viewed by persons not within the building.

Building height. The vertical distance measured from the highest point of the structure to the existing grade, excluding chimneys, flagpoles, and masts.

Building Height
Building line. The perimeter of that portion of a building or structure nearest a property line, but excluding open steps, terraces, cornices, decks and other ornamental features projecting from the walls of the building or structure.

Building projection. A marquee, porch, canopy, building eave, or similar projection of a building.

Building system. "Building system" means plans, specifications, and documentation for a system of manufactured building, or for a type or a system of building components, which may include structural, electrical, mechanical, plumbing, and fire protection systems and other systems affecting health and safety, including variations that are submitted as part of the building system.

Building Code. The regulations that govern building and construction standards, including but not limited to the structural, electrical, mechanical, swimming pool, plumbing, grading and fire codes.

Building materials, retail sales. Retailing of building supplies, tools, or equipment where the display, sales, and storage activity occurs indoors. Does not include building contractors' storage yards, vehicle/equipment sales, leasing, and services, or the fabrication and installation of products (e.g., drapery shops, door and window shops, glass shops, cabinet shops, and similar businesses).

Buy-back recycling center. A business without industrial activity and consisting of buildings with a gross floor area less than 5,000 square feet, which collects, receives, or buys recyclable materials from household, commercial, or industrial sources for the purpose of sorting, grading, or packaging recyclable materials for subsequent shipment and marketing. Examples of buy-back recycling centers include small-scale glass or aluminum buy-back centers. Uses such as automotive part rebuilding and/or salvage or reusable camera reloading are not considered buy-back recycling centers.

C
Camper. A structure mounted on wheels or a motor vehicle and providing facilities for camping or temporary living quarters.

Camping. Erecting a tent or shelter or arranging bedding or both, for the purpose of, or in such a way as will permit remaining overnight, or parking a trailer, camper, or other vehicle for the purpose of remaining overnight.

Canopy. A temporary prefabricated accessory structure covered with a collapsible material (e.g. canvas plastic sheeting, etc.) that meets the required fire rating supported by a frame.

Card club or casino. A business or enterprise licensed by the City, where legal gaming is conducted. This includes card rooms and other facilities wherein games are played with cards or other devices for money, checks, credits, or any other thing of value.

Caretaker. A person who lives on the premises for the purpose of managing, operating, maintaining or guarding the principal use or uses permitted on the site.

Carport. A permanently roofed structure with no more than two enclosed sides that is used for vehicle storage and shelter.

Catering services. Preparation and delivery of food and beverages for off-site consumption without provisions for on-site pick-up or consumption.

Cellar. A portion of a building that has a floor level below the finished grade and has a floor area less than one-half of the floor immediately above it.

Cellular communication facility. See wireless communication facility.

CEQA. The California Environmental Quality Act (Public Resources Code 21000 et seq.).

Certificate of concurrency. A written document issued by a service provider indicating availability of service capacity that is sufficient for a specific development project on a specific property. Also a "will-serve" letter.

Certificate of occupancy. A certificate issued by the City prior to occupancy of the structure or establishment of a land use to assure that the structure or parcel is ready for occupancy or use and that all ordinance requirements and project conditions of approval have been fulfilled.

Character. The distinctive features or attributes of buildings, uses, and site design on adjacent properties and in the vicinity as required in the general plan; including, but not limited to, building facade, building length, building modulation, building height, building location, roof form, tree cover, types of flora, location of landscaping, size and location of signs, setbacks, amount of parking, location of parking, fencing type, fencing height, location of fencing, and intensity of uses.

Charitable use. Use by non-profit organizations to administer charity consistent with the existing laws for the benefit of an indefinite number of persons.

Child care center or facility. A facility that provides non-medical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Child care facility includes day care centers, employer-sponsored child care centers, and family day care homes. Child care center operations are regulated by Section 1596.70 et seq. of the State Health and Safety Code (California Child Day Care Facilities Act).

Day care center. Any child day care facility other than a family day care home, and includes infant centers, preschools, and extended day care facilities.

Family day care home. A home that is licensed by the State to regularly provide care, protection, and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away. A large family day care home provides family day care for nine to 14 children, including children under the age of ten years who reside at the home. A small family day care home provides family day care for eight or less children, including children under the age of ten years who reside at the home.

Home based day care. A facility licensed by the State that regularly provides care for a period of less than 24 hours per day and is located in an owner-occupied dwelling unit.

Christmas tree sales. Retail sales of Christmas trees conducted between Thanksgiving and December 26th of each calendar year.

Church. A building or group of buildings that is used for the assembly of persons to conduct regular religious worship, religious services, or other religious activities, and is maintained and controlled by a church, religious body, religious denomination or religious organization, or other group organized to support public worship.

City. The City of Hawaiian Gardens.

City Council or Council. The City Council of the City of Hawaiian Gardens.

Clinic. A place for outpatient medical services, including pharmacies and dental or medical laboratories.

Clubs and lodges. Meeting, recreational, or social facilities of a private or non-profit organization primarily for use by members or guests.

Clustered development. A development or division of land in which buildings or lots are reduced in size and concentrated in specified portions of the original lot, tract or parcel in order to allow for common areas for open space or recreational uses.

Code. The Zoning Code of the City of Hawaiian Gardens.

Commercial recreation and entertainment. Provision of participant or spectator recreation or entertainment, including theaters, cinemas, sports stadiums, and arenas, convention centers, amusement parks, bowling alleys, billiard parlors, ice/roller skating rinks, golf courses, miniature golf courses, swimming pools, public hot tubs, tennis/racquetball courts, and game arcades to electronic game centers having more than three game machines.

Commercial vehicle. Any motorized vehicle, including, but not limited to, a car, truck, truck trailer, tractor, grading machine, bulldozer, scraper, boat, motorized crane, etc., that is used in the operation of a business to store, transfer, or deliver goods or people.

Commission. The Planning Commission of the City of Hawaiian Gardens, unless another commission is specified.

Communications facilities. Broadcasting, recording and other communications services accomplished through electronic or telephonic mechanisms, but excluding major utilities. This includes radio and television facilities, recording studios, telephone switching centers, and telegraph offices.

Community care facility. A licensed facility providing non-medical residential care, day treatment, adult day care, or foster family agency services for children, adults, or both, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children and as defined under the California Community Care Facilities Act.

Adult day care facility. Any facility that provides non-medical care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis.

Foster family home. A residential facility providing 24-hour care for six or fewer foster children.

Group home. A group care facility that provides for 24-hour non-medical care of persons, under 18 years of age, who are in need of personal services, supervision, or assistance that is essential for sustaining the activities of daily living, or for the protection of the individual on a short-term basis.

Small family home. A licensed facility, in the licensee's family residence, that provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities.

Composting facility. Facilities that compost organic material to produce a marketable product useful for reuse. Generally it is a solid waste facility specializing in the composting of one or more organic materials of a known and consistent composition, other than mixed municipal waste, to produce a marketable produce for reuse or as a soil conditioner. Feed stocks may include, but are not limited to, yard waste, biosolids, or food waste.

Conditional use. A use that is permitted subject to the issuance of a conditional use permit.

Conditional use permit. A discretional entitlement granted under the provisions of this Zoning Code, which authorizes a specific use for a specific property, subject to compliance with all terms and conditions imposed on the entitlement.

Condominium. An undivided interest in common areas of a property, together with a separate interest in a space in a residential or commercial building on the property.

Condominium common area. The areas of the condominium project except those units held as separate interest or under right of exclusive occupancy, and except those portions of the condominium project further specifically excluded.

Condominium conversion. The conversion of a single ownership parcel of existing improved real property, such as an apartment project, into a condominium form of ownership involving separate ownership of individual dwelling units, or right of exclusive occupancy of such individual units.

Condominium owners association. An organization of persons who own condominium units or the right of exclusive occupancy in a condominium development that is established by the organizational documents of the condominium project in part for purposes of operating and maintaining the common areas.

Condominium stock cooperative. A corporation that is formed primarily for the purpose of holding title to improved real property. All or substantially all of the shareholders or members of such cooperative receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation. The right of occupancy is transferable only concurrently with the transfer of the share or shares of stock or membership certificate in the corporation held by the person having such right of occupancy.

Condominium unit. A unit of a condominium project that is not owned in common with the owners of the condominium project.

Residential condominium. A condominium that is used for residential purposes that includes separate interest in a dwelling unit within the residential complex and undivided interest in common areas of the property.

Congregate care facility. See convalescent facility.

Construction. The assembly, erection, substantial improvement, alteration, or similar action performed on a structure or property. It excludes demolition but includes excavation, fill, or drainage work and similar activities.

Contiguous. Bordering upon, adjacent to, touching upon, or in physical contact with.

Contract station post office. A privately operated, limited-service postal facility operated as adjunct to a principal business or use.

Convalescent facility or congregate care facility. Also, nursing home, convalescent hospital, rest home, or home for the aged. A licensed health facility that provides skilled nursing care and supportive care to patients which primary need is for the availability of skilled nursing care on an extended basis, excluding facilities providing surgical or emergency medical services.

County. The County of Los Angeles.

Court. An unoccupied area that is open from the ground to the sky, bounded on two or more sides by an exterior wall of a building that is not a yard.

Cultural facilities. Institutions designed primarily for displaying or preserving objects of interest in one or more of the arts or sciences, including libraries, museums, and art galleries.

Curb level. The level of the established curb in front of such building measured at the center of such front. Where no curb elevation has been established, the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the curb level.

D
Day care center. See child day care facility.

Demolition. The dismantling, intentional destruction, or removal of structures, utilities, public or private right-of-way surfaces or similar property.

Density. The number of dwelling units per gross acre, unless another area measurement is specified. When calculating the allowable density, fractions shall be rounded down to the nearest whole number.

Density bonus. An increase of up to 25 percent over the maximum allowable development density.

Department. The Community Development Department of the City of Hawaiian Gardens.

Detached building. A building or structure that does not have a wall or roof in common with any other building or structure.

Detached single family unit. A dwelling unit that is not attached to another dwelling unit by any means.

Detached Single Family Unit
Development. A change to real property that involves the construction, reconstruction, alteration or removal of a building or structure, including mining, dredging, filling, grading, pacing, excavation or drilling operations.

Development standards or property development standards. A set of regulations for the area and dimensions of a lot or property, including setbacks, bulk, size, and location of structures, off-street parking, signs, landscaping, storage areas, and other physical improvements.

Director. The Community Development Director of the City of Hawaiian Gardens or designee.

District. An area within specified boundaries, such as a zoning district.

Domestic animal. An animal that is commonly maintained in residence with persons, as permitted by the Hawaiian Gardens Municipal Code.

Drive-in or drive-through. Designed or operated so as the enable persons to receive a service or purchase or consume goods while remaining within a motor vehicle.

Driveway. The passageway that provides vehicular access from a public or private street to a parking area, garage, carport, or other legal parking space. A driveway begins at the property line and extends into the site. It does not include parking spaces or parking aisles (maneuvering or circulation areas in parking lots) and is not a street.

The width of a driveway is the same width as the curb cut, excluding any aprons or extensions of the curb cut.

Duplex. Also, two family dwelling unit. Two dwelling units that are attached to one another and located on a single lot. A duplex is considered a multi-family development.

Duplex
Dwelling or dwelling unit. One or more rooms designed for or occupied by a household for living or sleeping purposes and containing kitchen, sleeping, and sanitary facilities.

All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit. It includes single-family, two-family, and multiple-family dwellings, accessory dwelling units, modular homes, manufactured homes and mobile homes, but not hotels, motel units having no kitchens, boarding houses, lodging houses, or garages.

E
Earth tone. A color scheme that draws from a color palette of browns, tans, greys, greens also including some blues and reds. The colors in an earth tone scheme are muted and flat in an emulation of the natural colors generally found in dirt, moss/trees and rocks.

Easement. A portion of a lot that is reserved or used for utility rights-of-way, access or any public or private use, as indicated on a subdivision map, deed restriction, or other recorded document. A recorded right or interest in the land that entitles the holder to some use, privilege, or benefit in, on, over, or under such land.

Educational institution or facility. A private or public pre-school, elementary or secondary school, college, university, or other training facility qualified to give general academic or skills instruction according to the standards of the State Board of Education or other State agency.

Efficiency unit. A dwelling unit containing only one habitable room.

Elevation. See grade.

Emergency shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Emergency shelters include other interim interventions, including but not limited to navigation centers, bridge housing, and respite or recuperative care.

Emergency work. Work that is necessary to remedy an existing hazard or to restore property to a safe condition, including work needed to restore utility service.

Employee housing. Any portion of any housing accommodation, or property upon which a housing accommodation is location, if all of the factors set forth in California Health and Safety Code Section 17008 exist.

Enclosed. Covered by a roof and contained on all sides by walls, with openings limited to windows, vents, and entrance and exit doors.

Encroachment. An intrusion on the rights or possession of another or advancement beyond the proper or prescribed limits.

Equipment structure. A structure, shelter, cabinet, or vault used to house and protect electronic or mechanical equipment, including those necessary for processing wireless communication signals. Associated equipment may include air conditioning, backup power supplies, and emergency generators.

Expand. To increase in size, floor area, height, or other physical characteristic of a structure or use or in the intensity of development or activity.

F
Factory-built housing. A residential building, dwelling unit, or an individual dwelling room or combination of rooms, or building component, assembly, or system manufactured in such a manner that all concealed parts or processes of manufacture cannot be inspected before installation at the building site without disassembly, damage, or destruction of the part. This includes units designed for use as part of an institution for resident or patient care, which is either wholly manufactured or is in substantial part manufactured at an offsite location to be wholly or partially assembled onsite in accordance with building standards published in the State Building Standards Code and other regulations adopted pursuant to California Health and Safety Code Section 19990.

Factory-built housing does not include a mobile home, manufactured housing, mobile accessory building or structure, a recreational vehicle, or a commercial coach.

Factory-built housing installation. The assembly of factory-built housing on site and the process of affixing factory-built housing to land, a foundation, footings, or to an existing building.

Family. Family means one or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit.

Family day care home. See child day care facility.

Farmworker housing. A tenant who is an agricultural employee residing in employee housing has all rights applicable to a person residing in employee housing, including the rights set forth in California Health and Safety Code Section 17008.5.

Fence. A barrier constructed of any material including vegetation or combination of materials erected to enclose, screen or separate areas.

Final development plan. A plan or set of plans that complies with the conditions set forth in a permit or approval of a development project.

Flag. A piece of cloth or other non-rigid material identifying one of the following:

1. Flag of a nation;

2. Commemorative flag, such as a POW flag; or

3. State flag.

Flagpole. A structure (typically a pole) used to display, hang, or secure a flag.

Floor area. See living area.

Fraternity house. A dwelling unit occupied or a building used exclusively by unrelated individuals who are members of the same fraternity.

Frontage. Also, building frontage. The length of the exterior wall of the building that faces a public street, public parking area, or front yard.

G
Gaming facilities. A building or portion of a building designed and used for the conduct of legal gaming activities, including card clubs, casinos, bingo parlors and similar facilities for gambling.

Garage. A building or portion of a building designed and used for the shelter and storage of vehicles that are owned and operated by the occupants of the main building or their tenants and customers. No kitchen, bathroom, or toilet facilities are permitted in garages. No garage may be converted to living space or used for a storage facility.

See parking garage.

Enclosed garage is a permanently roofed garage with three enclosed sides and a garage door on the fourth side.

Existing grade. The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this Zoning Code.

Finished grade. The ground elevation after final grading of the site.

Garage conversion. Alteration of a garage through the change, modification, or construction of a bathroom, bedroom, kitchen, living room or other facility or use that precludes its use for the storage of vehicles. Garage conversions for the purpose of constructing an accessory dwelling unit shall have the same meaning and be subject to the requirements set forth in Government Code Section 65852.2.

Garage sale or yard sale. The temporary outdoor display and sale of used household items, as allowed under the provisions of this Zoning Code and the Hawaiian Gardens Municipal Code.

Gazebo. A roofed structure characterized by the absence of solid walls and used primarily for outdoor seating.

General plan. The Hawaiian Gardens General Plan.

Government Code. The California Government Code.

Grade. The ground elevation (vertical distance above sea level) at a specific location.

Grade
Grading. The excavation or fill of earth materials to prepare a site for construction or other improvement.

Greenbelt. A linear corridor of open space that often provides passive recreational uses and non-motorized transportation opportunities, serves as a buffer between developments and varying land uses, or creates a sense of visual relief from dense urban landscapes.

Greenhouse. A building or structure built for the propagation and cultivation of plants.

Group home. See community care facility.

Guest house. An attached or detached building with no interior access to the primary dwelling unit that has sleeping, living and sanitary facilities, but no cooking facilities which is used primarily by members of the household occupying the main building, their non-paying guests or domestic employees.

Guest room. An attached or detached building with no interior access to the primary dwelling unit that has sleeping and living facilities only, no sanitary facilities and no cooking facilities which is used primarily by members of the household occupying the main building, their non-paying guests or domestic employees.

H
Habitable room. Any room used for living purposes that includes working, sleeping, eating, cooking, recreation, or a combination thereof. A room designed and used only for storage is not a habitable room.

Hazardous substance or material. Any substance that, because of its quantity, concentration or physical or chemical characteristics, is flammable, corrosive, explosive, toxic, or infectious and poses a significant present or potential hazard to the health and safety of humans, domestic livestock or wildlife.

Health Department. The County of Los Angeles Health Department.

Hedge. Shrubs, trees or other plant materials that are located in a row to act as a visual barrier between adjacent areas.

Hedge
Height. See building height.

Heliport. A licensed helicopter landing area used and designed for receiving or discharging passengers and cargo on a regular basis. This includes facilities for cargo storage, helicopter storage, repair or servicing.

Helistop. A licensed helicopter landing area used and designed for receiving or discharging passengers and cargo on an intermittent basis. This does not include facilities for cargo storage, helicopter storage, repair or servicing.

Home. A place of residence.

Home for the aged. A nursing home for the elderly. See convalescent facility.

Home occupation. Any business activity carried on within the dwelling or within a permitted accessory structure, as an incidental use to the residential purposes of the property.

Hospital. A health facility licensed by the State Department of Health Services, which has an organized medical staff and provides 24-hour in-patient care, including medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, and dietary services.

Hotel. A building in which there are six or more guest rooms where lodging with or without meals is provided for compensation, and where no provision is made for cooking in any individual room or suite. This includes motels, auto cabins, and similar structures but does not include rooming or boarding houses, jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes, or other buildings where individuals are housed or detained under legal restraint. This definition shall not apply to structures located within the C-4/casino overlay zone where hotels are allowed to have a kitchen in guests' rooms.

Household. One or more persons occupying one dwelling unit and living as a family unit, including those temporarily absent (such as, members away at school, on a visit, vacation, trip in connection with work, active duty in the armed service, or other absence of a similar nature). This does not include occupants of a fraternity, sorority, boarding house, lodging house, club, or motel.

Household pet. An animal kept in the home for personal purposes and not used for commercial breeding or sale.

I
Impervious surface. A hard surface that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a hard surface area that causes water to run off the surface in greater quantities or at an increased rate of flow than the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, graveled or packed earthen materials, and oiled, macadam or other surfaces that similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces.

Improvement. A building, structure, place, parking facility, fence, gate, wall, work of art, or other object that enhances the physical attributes of real property.

Institution. An establishment maintained and operated by a society, corporation, individual, foundation, or public agency for the purpose of providing religious, charitable, social, educational, or similar services to individuals, groups or the general public.

Intensity. The level of development or activity associated with a land use, as measured by the floor area occupied by the use, the amount of parking required, the operational characteristics (hours, type of uses, etc.) or the percentage of site occupied by the use.

Intensity is typically measured by the building coverage or the floor area ratio.

J
Junk yard or salvage yard. An area where scrap, waste, or discarded or salvaged materials are brought, sold, exchanged, baled, packed, disassembled, handled, or stored. This includes auto wrecking yards, house wrecking yards and used lumberyards. It does not include pawnshops, used furniture and household equipment stores, solid waste materials recycling facilities (MRF), used car lots, or areas that store salvaged materials incidental to manufacturing operations.

K
Kennel. A house, enclosure, or other structure in which any combination of four or more dogs or cats that individually exceed seven months of age are housed for breeding, sale, training, boarding, or sporting purposes, or are kept or cared for as pets or for a fee or compensation. This does not include treatment at veterinary clinics or animal hospitals or pet grooming services.

Kitchen. Any room or portion of a room used or intended or designed to be used for cooking or the preparation of food.

L
Laboratory. A building or portion of a building that contains facilities for the photographic, testing or analysis of a product, person, animal, or part thereof.

Land use. See use.

Landfill. An area designed and used for the disposal of solid wastes on land by spreading waste in layers, compacting it and covering it daily with soil or other approved cover materials.

Landscaping. Planting and maintenance of trees, shrubs, vines, ground cover, flowers or lawns, including natural features such as rock and stone, structure features such as fountains, reflecting pools, art works, screens, walls, fences and benches. Required landscaping may be planted in concrete planters, landscape beds, or planter boxes.

Laundromat. An establishment that houses coin-operated laundry machines. This does not include dry cleaners.

Licensed gambling establishment. See gaming facilities. The gambling premises encompassed by a State gambling license.

Licensed group home. Under the provisions of the California Health and Safety Code, licensed group homes for six or fewer persons include:

Intermediate care facilities for individuals who have developmental disabilities (Health and Safety Code Section 1267.8).

Residential facilities for persons with disabilities and for abused children (Health and Safety Code Section 1566.3, and Welfare and Institution Code Section 5116).

Residential care facility for the elderly (Health and Safety Code Section 1569.85).

Alcoholism and drug treatment facilities (Health and Safety Code Section 11834.23).

Residential facilities for persons with chronic life threatening illness (Health and Safety Code Section 1568.0831).

Live entertainment. A performance, act, play, revue, pantomime, scene, fashion show, dance, or song or any combination of the above performed in person by one or more persons, whether or not they are compensated.

Livestock. Cattle, sheep, goats, or animals of the bovinae family; all horses, mules, or animals of the equinae family; all pigs, swine, or animals of the suinae family; and ostriches, rhea, and emu.

Living area. The interior area of a dwelling unit that may be occupied for living purposes by humans. Livable floor area does not include a garage.

Loading area or space. An off-street area or space located on the same lot as the building or group of buildings that it serves and used for the temporary parking of commercial vehicles while loading and unloading cargo.

Lodging house or rooming house. See boarding house.

Lot or parcel. A parcel separately owned or legally divided from a piece of real property according to the requirements of State law and the Hawaiian Gardens Municipal Code, and as shown on the recorded final map, parcel map, record of survey, certificate of compliance, or lot line adjustment. The different lot types include:

Corner lot. A lot situated at the intersection of two or more street rights-of-way that have an interior angle of less than 135 degrees. On a corner lot, all yards abutting street rights-of-way shall be considered front yards.

Flag lot. A lot having access to a street by means of a private driveway, access easement, or parcel of land with a minimum width of 20 feet. The front yard of a flag lot shall be the narrowest width of the lot abutting the access area of the lot, but not including the access area of the lot.

Flag Lot
Interior lot. A lot abutting a street on one side or a lot other than a corner lot.

Key lot. A lot with its side lot line abutting the rear lot line of a reverse corner lot.

Reverse corner lot. A lot located at the intersection of two or more street rights-ofway (corner lot) and has a rear property line abutting the side of another lot.

Through lot. A lot that fronts two parallel street rights-of-way or that fronts two street rights-of-way that do not intersect at the boundaries of the lot.

Lot Types
Lot area or lot size. The net land area within the lot lines of a lot, as measured on a horizontal plane and excluding any public or private right-of-way and access easements.

Lot coverage. The total area of the lot that is covered by buildings or structures, often expressed as a percentage of the lot area. This area includes roofs, soffits, or overhangs extending more than two and one-half feet from the building wall and decks more than four feet in height.

Lot depth. The horizontal length of a straight line between the front and rear lot lines of a lot, measured at right angles to the front lot line and extending to the rear lot line that is at least ten feet long. If there is no rear lot line within 45 degrees of being parallel to the front lot line, the lot depth is measured from the front lot line to a ten-foot long line located farthest and parallel to the front lot line.

Lot width. The horizontal length between the side lot lines measured at the midpoint of the side lot lines and at right angles to the line measuring the lot depth.

Lot Depth and Width
Lot line. A line of record bordering a lot and dividing one lot from another lot or from a public or private street right-of-way or any other public space.

Front lot line. The portion of a lot line of a parcel or lot that abuts a street right-ofway or future street right-of-way, as identified through an official record. For a corner lot, the shorter lot line abutting the street is considered the front lot line.

For a through lot, the lot line abutting the street providing primary access to the lot is the front lot line, except when primary vehicular access is from an alley.

Rear lot line. The lot line opposite and most distant from the front lot line. For establishing the rear yard for an irregularly-shaped lot, the rear lot line is the tenfoot line that is located farthest and parallel to the front lot line.

Side or interior lot line. Any other lot line that is neither a front or rear lot line.

Lot Line
Low Barrier Navigation Center. A Housing First, low barrier, temporary, service-enriched shelter focused on helping homeless individuals and families to quickly obtain permanent housing and meets all of requirements of Government Code Sections 65660 et seq.

Lower- and very low-income households. See affordable housing.

M
Main building. The building that contains the primary use on the lot or one designed and occupied for a use that is not incidental or secondary to another use on the same lot. A main dwelling is the dwelling unit permitted as the principal use of a parcel or lot, either by itself or with other dwelling units.

Maintain. To preserve in its current condition or to prevent deterioration or adverse change.

Manufactured housing. A structure, transportable in one or more sections that is built on a permanent chassis and designed to be used as a dwelling when connected to the required utilities. A manufactured home does not include a recreational vehicle.

Master development plan. The comprehensive site plan and plans for construction of a planned development that is located within an area with a planned development overlay zone, and as approved by the Planning Commission or City Council under the provisions of this Zoning Code.

Median. A painted, paved or planted area separating a street into opposite-direction travel lanes.

Mini-storage. See self storage facilities.

Minor. A person younger than 18 years, unless another specific meaning is indicated by the context in which the term is used.

Minor exception. A minor deviation in the requirements or the development standards in this Zoning Code, but not in the permitted uses, as granted by the City in accordance with the procedures established in this Zoning Code, when the Community Development Director determines that strict enforcement of the standards will cause undue hardship.

Minor use permit. A permit for a use, activity or structure on a parcel, as approved by the Community Development Director.

Mobile home. A structure that is transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, or 40 feet or more in length, or, when erected on-site, has 320 or more square feet of lot coverage, and which is built on a permanent chassis and designed to be used as a dwelling when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein: except that such term shall include any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under this part. Mobile home does not include a recreational vehicle or a commercial coach but includes trailers and other recreational vehicles, other than motor homes, truck campers, and camping trailers, which are used for human habitation if the occupancy meets the following criteria: (1) the trailer or other recreational vehicle occupied a mobile home site in a mobile home park prior to January 1, 1991 and had a rental agreement with a term of one month or longer on November 15, 1992; (2) the trailer or other recreational vehicle occupies a mobile home site in the park for nine or more continuous months. A mobile home does not include a trailer or other recreational vehicle located in a recreational vehicle park.

Mobile home park. An area of land where two or more mobile home sites are rented, or held out for rent, to accommodate mobile homes used for human habitation. A mobile home park shall not include mobile home subdivisions or recreational vehicle parks or where mobile homes are permitted as a principal use and accessory dwelling unit on the same lot.

Modification. An alteration of an existing use or structure. Modification may also refer to changes to an existing standard as contained in this Zoning Code or to a permit granted under this Zoning Code.

Monument sign. See ground sign.

Motel. A group of attached or detached buildings containing individual sleeping units where a majority of such units open individually and directly to the outside, and where a garage is attached, or a parking space is conveniently located to each unit, all for the temporary use by automobile tourists or transients. It includes tourist courts, motor courts, automobile court, automobile camp, and motor lodges. A unit in a motel having kitchen facilities shall constitute a dwelling unit and shall be subject to all of the provisions and requirements of this Zoning Code governing dwelling units for the zone in which the establishment is located.

Motor home. See recreational vehicle.

Motor vehicle. A self-propelled device by which a person or property may be moved or drawn upon a street or highway, except devices moved by human or animal exertion or used exclusively on stationary rails or tracks.

Multi-family or multiple family dwelling unit. A structure containing two or more dwelling units designed for the occupancy of two or more households.

Multi-Family Dwelling Unit
Multi-family residential. More than one dwelling unit located on one parcel, dwelling units can include both attached and detached dwelling units.

Municipal Code. The Municipal Code of the City of Hawaiian Gardens.

N
Nonconforming. Does not conform to the standards and regulations contained in this Zoning Code.

Nonconforming lot. A lot that does not meet the minimum size, dimension or area requirements of the zone in which it is located. A legally nonconforming lot is a lot that was permitted when created as part of an approved subdivision map but was made nonconforming by an acquisition of land in the public interest or subsequent changes in this Zoning Code.

Nonconforming sign. A sign, outdoor advertising structure, or display of any character that was lawfully erected or displayed, but that does not conform with the standards for location, size, or other regulations by reason of adoption or amendment of this Zoning Code.

Nonconforming structure. A building or structure that does not meet any current development standard for the zone in which it is located, as set forth in this Zoning Code, but which was legally established and in compliance with applicable ordinances and laws before this Zoning Code was adopted. This does not include illegal structures that were not lawful when constructed.

Nonconforming use. A use that is not allowed in the current zone classification in which it is located, but was allowed when it was first established. This does not include illegal uses that were not lawful when established.

Nuisance. An act or condition that when performed or existing on a parcel, structure or portion of a structure, is considered dangerous or potentially dangerous to the public health, safety, and welfare, degrades the appearance and value of the surrounding properties, or can cause damage to public rights-of-way.

Nursery school. See child care center or facility.

Nursing home. A health facility that provides skilled nursing care and supportive care to patients whose primary needs are for the availability of skilled nursing care on an extended basis.

O
Occupied. Used, designed, built, altered, converted, rented, leased, based, or intended to be occupied.

Offices or professional offices. A building or portion of a building used as a place of business by persons primarily engaged in rendering professional services. It does not include offices of retail stores, or those incidental to the handling, sale or disposition of commodities.

Open area. The portion of the lot that is not occupied by above ground structures, driveways, walkways, or parking areas.

Open space. A parcel or portion of a parcel that is primarily reserved for the preservation of natural resources, the protection of environmental features, or for providing outdoor recreation or education. Open space areas may include parks, trails, utility corridors, and other vacant rights-of-way. Permanent dedication, designation, or preservation of open space for public or private use may occur in accordance with general plan policies. Open space may serve as a buffer between developments and varying land uses, or create a sense of visual relief from denser development. Open space does not include roads, driveways, required setbacks, parking areas, or surface utility facilities.

Common open space refers to open space within a residential development reserved for the exclusive use of the residents of the development and their guests. Yard setback areas are not included.

Common Open Space
Private open space refers to usable open space adjoining or directly accessible to a dwelling unit, reserved for the exclusive use of the residents of the dwelling unit and their guests.

Useable open space includes balconies, roof decks, patios, swimming pools, open cabanas, children's playgrounds and recreation rooms and does not include parking areas, driveways, loading zones, storage areas, berms, planters, and areas not accessible to the residents.

Open storage or outdoor storage. An open area located outside a building or structure where merchandise, equipment, or other materials, which are not outdoor displays, are stored.

Outdoor advertising display. Any card, paper, cloth, metal, glass, wooden, or other display or device of any kind or character that is placed for outdoor advertising purposes on the ground or on any tree, wall, rock, structure, or other object.

Outdoor advertising structure. A structure of any kind of character erected or maintained for outdoor advertising purposes upon which any outdoor advertising display is, or can be, placed.

Outdoor dining. A dining area with seats and/or tables located outdoors of a restaurant, coffee shop, or other food service establishment, and that is (a) located entirely outside the walls of the contiguous structure, (b) enclosed on two sides or less by the walls of the structure with or without a solid roof cover, or (c) enclosed on three sides by the walls of the structure without a solid roof cover.

Overnight lodging. Permanent, separately rentable accommodations that may include a kitchen and are available to the general public for short term use. The accommodations are intended for visitors rather than for full-time residents. Overnight lodgings include hotel or motel rooms, and time share units. Individually-owned units other than timeshare units may be considered overnight lodgings if they are available for overnight rental use by the general public for at least 45 weeks per calendar year.

Owner occupant. A property owner, as reflected in title records, that makes his or her legal residence at the site, and actually resides at the site more than six months out of any given year.

P
Parcel. See lot.

Park. A public recreation area or facility, including a dedicated private recreation area for use of the residents or employees of a building where the recreation facility is located, unless another specific meaning is indicated by the context in which the term is used.

Community park. A park designed for organized activities and sports, outdoor activities, and other recreation pursuits and designed to serve the entire City.

These parks may include sport fields, water bodies, gardens, nature trails, or similar facilities, as well as restroom and parking facilities.

Neighborhood park. A combination playground and park designed primarily for non-supervised, non-organized recreation activities. Neighborhood parks are small in size (about three to ten acres) and serve an area of approximately onehalf mile in radius. In general, facilities recommended for a neighborhood park may include a children's playground, picnic facilities, trails, nature areas, tennis courts, an outdoor basketball court, and a multi-use field for soccer, youth league baseball, etc. Most often there are no restroom and parking facilities.

Park trailer. A trailer designed for human habitation for recreational or seasonal use only, that meets all of the following requirements: (1) it contains 400 square feet or less of gross floor area, excluding loft area space; (2) it may not exceed 14 feet in width at the maximum horizontal projection; (3) it is built upon a single chassis; (4) it may only be transported on public highways with a permit issued pursuant to the Vehicle Code.

Parking area or parking facility. An area or facility accessible to vehicles and provided, improved, maintained, and used for the sole purpose of parking a motor vehicle.

Parking aisle. A maneuvering and circulation area for ingress and egress to offstreet parking spaces in a parking lot and in which parking is prohibited.

Parking garage or structure. A covered structure or portion of a covered structure that provides parking for motor vehicles, not including private garages accommodating required off-street parking for residential dwellings. "Parking garages" include parking spaces, parking aisles and driveways. Parking garages can be restricted to private use of associated residential or non-residential uses or for the use by the general public.

Parking lot. An open, common area devoted to the standing, maneuvering, and circulation of motor vehicles, not including off-street parking spaces or areas for single-family detached or two-family dwellings with individual driveway access onto a public or private road. Parking lots include parking spaces, parking aisles, driveways and planting beds and islands. Parking lots can be restricted to private use of associated residential or non-residential uses or can be open to use by the general public. See also private parking area and public parking area.

Parking space, off-street. An area on a lot that is improved, maintained and used for the sole purpose of providing standing area for a motor vehicle, excluding driveways, ramps, loading areas, walk areas.

Parking space, on-street. An area along the sides of a street right-of-way where motor vehicles are allowed to park.

Private garage. An accessory building or a portion of the main building, enclosed on not less than three sides and designed or used for the shelter or storage of vehicles owned or operated only by the occupants of the main building.

Private parking area. An area, other than a street, alley, or other public property, limited to the parking of vehicles of the occupants of a dwelling, hotel, motel, apartment hotel, apartment house, or lodging house, or of users of a commercial or industrial building to which these facilities are appurtenant.

Public parking area. An area other than a street, alley, or private parking area as defined herein, whether privately or publicly owned, which area is used for the parking of more than five vehicles.

Parkway. The area of a public street that lines between the curb and the adjacent property line or physical boundary, such as a fence or wall, which is used for landscaping and/or passive open space.

Parkway
Patio cover. An overhang or roof that extends partly or entirely over a courtyard or room that is attached to a building.

Pawn shops. Establishments engaged in the retail sales of new or secondhand merchandise and offering loans secured by personal property.

Penthouse structure. The upper portion of a building not intended for human occupancy, normally used for mechanical equipment, and not covering more than 25 percent of the ground floor area covered by the main building.

Permitted use. A use allowed in a zone, as established in this Zoning Code, and subject to the provisions applicable to the specific use.

Person. An individual, firm, co-partnership, joint venture, association, social club, fraternal organization corporation, company, estate, trust, receiver, syndicate, or any other group acting as an entity, including Federal, State or County government, or special district to the extent permitted by applicable Federal and State laws.

Personal improvement services. Provision of instructional services or facilities including photography, fine arts, crafts, dance and music studios, driving schools, business and trade schools, reducing salons, and health or physical fitness clubs.

Personal services. Provision of recurrently needed services of a personal nature, including barber and beauty shops, seamstresses, tailors, shoe repair shops, nail salons, dry cleaning, laundries, and massage parlors.

Place of religious assembly. An establishment that primarily operates for religious worship, religious services, or any religious activity and where the principal building or other structure contains the sanctuary or principal place of worship, including accessory uses in the main building or in separate buildings or structures, such as religious educational classrooms, assembly rooms, kitchen, library room or reading room, recreation hall, and a one-family dwelling unit, but excluding facilities for residence or for training of religious orders.

Planned development. A development characterized by a structure or number of structures containing one or more land uses based on the comprehensive design of the entire project, including the clustering of buildings to preserve open space or to provide other common facilities.

Planned street width or right-of-way. The proposed final width of a street right-of-way, as shown in the circulation element of the general plan of the City of Hawaiian Gardens or the master plan of streets, or as established by an official action of the City.

Planning Commission. The Planning Commission of the City of Hawaiian Gardens.

Planter. A structure made of wood, concrete, masonry or other materials designed to hold flowers, trees or other plant materials.

Plot plan. A scaled and dimensioned drawing of a lot or parcel of land and its immediate vicinity, showing the location of all existing and proposed building, structure and improvements on-site.

Principal or main building. A building devoted to the principal use of the lot on which it is located.

Principal use. The primary or predominant use of any lot, parcel, structure or building.

Private or public club. A building or premise used by a group of persons organized for the purposes of promoting social, professional, fraternal, cultural, sports, educational, or other common cause. This excludes premises used by groups organized to render services customarily carried on as a business. This is also separate from a church or place of religious assembly.

Processing. A method that changes the nature of a material, its chemical composition or its physical qualities.

Professional services. Businesses whose services are based on professional expertise rather than on discrete products or commodities, including, but not limited to, managerial, creative, administrative and clerical services.

Project. A proposal for new or changed use or for new construction, alteration or enlargement of any structure that is subject to the provisions of this Zoning Code.

Property. A lot or parcel of land.

Property line. A lot line or parcel boundary.

Public facilities. Facilities owned by public agencies or entities that provide public services, including streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, solid waste facilities, parks and recreational facilities, and schools.

Public use. A use conducted exclusively by a public agency for public health, safety or general welfare purposes, such as public schools, parks, playgrounds, libraries, fire stations, police stations, government offices, and post offices.

Public utility. A service that provides electricity, natural gas, steam, telephone, telegraph, transportation, water, sewer, storm drainage or other service regulated by the State or local jurisdiction.

Q
Quasi-public use. A use conducted by a private non-profit organization involved in religious, recreational, charitable, or medical activities and having the main purpose of serving the general public. This includes, but is not limited to, churches, private hospitals, cemeteries, private schools and universities, youth centers and similar uses.

R
Recovery or treatment facility (for alcoholism or drug abuse). A facility, premises, place or building that provides 24-hour residential non-medical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse and who need alcohol, drug or alcohol and drug recovery treatment or detoxification services.

Recreational vehicle. A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy. Recreational vehicles shall include, but not necessarily be limited to, campers, motor homes, camping trailer, and travel trailers or any vehicle placed on a trailer, truck camper, camper shells, and fifth wheels.

Recycling center or collection site. A site with collection boxes or other containerized storage where persons can bring materials for recycling.

Recycling facility or transfer station. A large scale buy-back recycling business or other industrial activity that specializes in collecting, storing and processing any waste, other than hazardous waste or municipal garbage, for reuse and which uses heavy mechanical equipment to do the processing. It may be a facility where commingled recyclable materials are sorted, baled, or otherwise processed for transport off site that is referred by as a "clean" materials resource recovery facility (MRF).

Rehabilitation. Alteration of the structural or architectural features or visual characteristics of a building or structure, designed to improve the building in accordance with current codes and requirements, to upgrade existing equipment and appliances, buildings systems, landscaping, or other building components, or to remove public health and safety hazards.

Relocatable building. A building that is not placed on permanent foundations and is designed to be moveable from one location to another without the need for a special permit such as that required for moving a conventional dwelling. Relocatable buildings include mobile homes, construction trailers, and modular buildings.

Residence. A dwelling unit.

Restaurant. Any use providing for the preparation, retail sale, and consumption on-site of food and beverages. Restaurants include cafés, coffee shops, sandwich shops, ice cream parlors, fast-food, take-out, and drive-through restaurants, bars, cocktail lounges, and similar uses. If another use or seating is provided in conjunction with a store where there is preparation and retail sale of food and beverages, that use shall be classified as a restaurant.

Drive-through restaurant. A restaurant that is designed or operated so as to enable persons to receive a service or purchase food or drinks while remaining within a motor vehicle. Fast-food restaurant. An eating and drinking establishment, in which the manner of preparation, packaging and service of the product results in prompt service to customer. A fast-food restaurant does not serve alcohol of any type.

Full-service restaurant. An eating and drinking establishment in which food and drinks are generally consumed within an enclosed structure at tables and/or at a counter. When alcoholic beverages are served, a full-service restaurant shall comply with the California Business and Professions Code.

Take-out restaurant. An eating and drinking establishment, in which the manner of preparation, packaging and service of the product enables and/or encourages its consumption outside the restaurant.

Tavern. An eating and drinking establishment in which the serving of food is incidental to the serving of beer and/or wine; i.e., the monthly food sales shall amount to less than 60 percent of the tavern's total food-alcoholic beverage sales; there is no kitchen facility or kitchen facilities are limited to that necessary to prepare sandwiches and/or short orders of food for sale to the public; and up to seven and one-half gallons of beer or other malt beverage is offered for sale and off-site consumption. If monthly food sales exceed 60 percent of the total sales, the use shall be considered a restaurant. If more than seven and one-half gallons of beer or other malt beverage is offered for off-site consumption, the use shall be considered a liquor store.

Retail store or establishment. A business completely enclosed within a structure with at least 75 percent of the gross floor area devoted to the display of merchandise, engaged in selling primarily finished goods or merchandise directly to the general public for profit.

Right-of-way. Land or property held in an easement or separate tract that is occupied or dedicated to be occupied by a publicly or privately dedicated street or railroad, together with property used or reserved for utilities, transmission lines and extensions, walkways, sidewalks, bikeways, equestrian trails, and other similar uses.

Roof level. The uppermost edge of a roof, building wall, or parapet, excluding roof structures that cover less than 25 percent of the roof area.

Rooming house. See boarding house.

S
Satellite antenna or satellite dish antenna. An accessory structure capable of receiving transmission signals from a satellite.

Satellite dish farm. A parcel of land that is occupied by several satellite dishes or antennas and used for the transmission or reception of radio, television, satellite, telephone, microwave, or any other transmitted signal.

School. A private or publicly funded educational institution, including elementary and secondary schools, colleges, universities or other special learning centers offering several courses of study, and operated in accordance with the requirements of the State Education Code.

Second dwelling unit or second unit. A detached or attached residential dwelling unit, added at a later date on the same lot as a pre-existing dwelling unit, and providing independent living facilities for one or more persons, with permanent provisions for living, sleeping, eating, cooking, and sanitation. This includes second units allowed on R-2 lots (as regulated under this title), granny flats, and guest houses but does not include accessory dwelling units, as regulated under Section 18.90.080 of this title.

Self-storage facility. A facility designed and used for the purpose of renting or leasing individual storage space to persons who are to have access to the space for the purpose of storing and removing personal property or for storing individual storage containers provided to occupants who have exclusive use of the container for the purpose of storing and removing personal property. Self-service storage facility does not include a garage or other storage area in a private residence. No occupant may use a self-service storage facility for residential purposes. A self-service storage facility is not a warehouse, nor a public utility, as defined in Section 216 of the Public Utilities Code. If an owner issues a warehouse receipt, bill of lading, or other document of title for the personal property stored, the owner and the occupant are subject to the provisions of Division 7 (commencing with Section 7101) of the Uniform Commercial Code.

Senior citizen. A person 55 years of age or older.

Senior citizen housing or senior housing. A housing development consistent with the California Fair Employment and Housing Act (Government Code Section 12900 et seq., including Section 12955.9 in particular), California Civil Code Sections 51.2, 51.3 and 51.4; which has been designed to meet the physical and social needs of senior households and that otherwise qualifies as housing for older persons as that phrase is used in the Federal Fair Housing Amendments Act of 1988 (P.L. 100-430; 42 U.S.C. Section 3607) and implementing regulations, and as that phrase is used in California Civil Code Sections 51.2 and

51.3. Senior households. Households with at least one member 55 years of age or older.

Service. An act or any result of useful labor that does not in itself produce a tangible commodity.

Service provider. The department, district, or agency responsible for providing the specific public facility or service.

Service station. See automobile service station.

Setback. The minimum required distance between a structure and a specified line such as a lot, public or private right-of-way, easement, future street right-of-way, as identified through an official record or a buffer area that is required to remain free of structures unless otherwise provided herein.

Front setback. The distance between the front lot line and the nearest building wall on the lot.

Rear setback. The distance between the rear lot line and the nearest building wall on the lot.

Side setback. The distance between the side lot line and the nearest building wall on the lot.

Setback
Sewage conveyance system. Pipelines, culverts, and appurtenances that transport wastewater and sewage from points of origin to wastewater treatment plants, or which convey treated wastewater to points of discharge. Also called wastewater conveyance systems.

Shed. An accessory structure designed to store tools, lawn and garden care or maintenance equipment or materials, and which is not designed to contain any habitable space.

Shelf space. Shelves with products accessible to consumers for consumer purchase, but not shelves used purely for storage.

Shopping center or commercial center. Also shopping mall. A commercial area or group of commercial establishments, planned, developed, managed and maintained as a unit, with common landscaping, amenities, and off-street parking areas.

Sidewalk sale or parking lot sale. The temporary outdoor display and sale of merchandise that is normally displayed indoors at the location of a retail business.

Sign. An object, device, display or structure used for visual communication, promotion, or advertisement of the interests of a person, business, group, or enterprise. The sign typically includes an announcement, declaration, demonstration, display, insignia, symbols, or illustration that are intended to attract attention to, identify, or advertise an establishment, product, service, activity, person, or location, or to provide information.

Signs
A-board/sandwich board signs. Small type signs, either single- or double-faced, portable, upon which is generally placed advertising copy denoting products or services being offered upon the premises on which such signs are placed.

Animated sign. A sign or part of a sign that is in action or motion, or that flashes or changes color by means of electrical energy, electronic or manufactured sources of supply. This does not include revolving signs and time/temperature signs.

Area of sign. The surface area of the sign, including all letters, symbols, pictures, or figures forming the display, as calculated from the boundaries formed by eight straight lines around the sign. Supports, columns, uprights, and other objects attached to the sign, which do not convey a message, are excluded in the area of the sign. Each face of the sign is included in calculating the area of the sign.

Awning sign. A sign affixed to the surface of an awning and that does not extend vertically or horizontally beyond the limits of such awning.

Banner sign. A sign made of cloth, fabric, paper, non-rigid plastic, or similar types of material. Banners may contain text, numbers, graphic images, or symbols.

Pennants and flags are not considered banners.

Billboard. An outdoor advertising sign designed for the rental or lease of such sign for the use with preprinted or hand-painted changeable advertising copy that directs attention to businesses, commodities, services, or facilities that are not primarily sold, manufactured, or distributed from the property on which the sign is located. The term "billboard" includes both the structural framework that supports a billboard and any billboard faces attached thereto. Billboards are regulated by the Business and Professions Code Sections 5200—5499.

Signs
Building identification sign. A sign identifying the name of the building or property to which the sign is affixed.

Business identification sign. A sign that directs attention to a business or profession conducted, or to a commodity, service, or entertainment sold or offered upon the premises where such sign is located, or to which it is affixed.

Canopy sign. Any sign erected upon, against, or directly above a canopy.

Changeable copy sign (manual). Any sign that is designed so that characters, letters, or illustrations can be changed or rearranged by hand without altering the face or the surface of the sign, such as reader boards with changeable pictorial panels. A billboard is not a changeable copy sign.

Changing message center. An electronically controlled sign, message center, or reader board where copy changes of a public service or commercial nature are shown on the same lamp bank; i.e., time, temperature, date, news, or commercial information of interest to the traveling public.

Construction sign. A temporary sign designating the contractor(s), architect(s), and engineer(s) and other individuals or firms participating in a construction project underway on the site where the sign is located. Also, a temporary sign announcing the future use of the property on which the sign is located.

Directional sign. A permanently erected single- or double-faced sign designed to guide or direct pedestrian or vehicular traffic to an area, place, or convenience.

Directional signs shall only contain information on exits, entrances, parking, telephones, restrooms, or similar types of information and the name and/or logo of the business where the directional sign is located.

Electrical sign. A sign or sign structure that uses electrical wiring, connections and/or fixtures as a part of the sign, but not including signs illuminated by exterior light source.

Electronic sign. A sign designed to allow changes in the sign graphics electronically.

Signs
Flashing sign. A sign on which the light is not constant in apparent intensity and color when in use, uses intermittent electrical impulses; or revolves to create an illusion of flashing, provided that a slowly revolving sign and changing message centers will not be considered flashing signs.

Freestanding sign. A sign supported on the ground by poles, uprights, braces, or standards and is not connected to or supported by any other structure, building or wall. Pole signs and monument signs are examples of freestanding signs.

Gross area of sign. The area within a continuous perimeter formed by eight straight lines around the sign and enclosing the outer limits of the sign face, but not including structural elements that are not a part of the display. The gross area of a two-faced sign equals the area of one side. The "gross area" of a spherical, cubical, or polyhedral sign equals one-half the total surface area.

Identification sign. A sign that is limited to the name, address and number of a building, institution, or person and to the activity carried on in the building or institution, or the type of occupancy of the site, other than a private residence.

Lighted or illuminated sign. A sign designed to give forth an artificial or reflected light, either directly from a source of light incorporated into or connected with such sign, or indirectly from a source intentionally directed upon it, so shielded that no direct illumination from it is visible elsewhere than on the sign and in the immediate proximity thereof.

Marquee sign. A sign attached to and made part of a marquee. A marquee (or canopy) is defined as a permanent roof-like structure attached to and supported by the building and projecting beyond a building, but does not include a projecting roof.

Monument sign or ground sign. A ground-mounted, fixed sign that is located within four feet of the ground and is not supported by posts or poles or attached to or painted on fences, screening walls or similar structures.

Mural. A large sign, design, or picture, painted or drawn on the wall of a building by a professional artist, muralist, painter, or contractor.

Nameplate sign. A sign that indicates no more than the name, address, and home occupation of the resident of the premises.

Off-site sign. A sign that directs attention to a business, commodity, industry or other activity that is sold, offered, or conducted elsewhere than on the premises on which the sign is located.

Pole sign. A sign, electric or otherwise, hung, supported or cantilevered from one or more supports constructed of structural steel, pipe, other materials or a combination thereof.

Political sign. A sign that advertises a candidate for public elective office or any political party or a sign that promotes a position on a public or ballot issue.

Portable sign. A sign that can be moved, including sandwich boards, A-frames, placards, and trailer mounted signs.

Projecting sign. A sign, other than a wall sign, that is attached to and projects more than one foot from a structure or other building face.

Signs
Reader board. A sign consisting of tracks to hold letters, lights or electronic message board that allows for frequent changes of copy.

Real estate sign. A temporary sign erected by the owner or owner's agent that directs attention to the sale, lease, rental, or other disposition of a particular building, property, or premise upon which it is displayed.

Roof sign. A sign erected upon, against or printed entirely on or above the roof or roof eave, on or above the parapet of a structure or building or an architectural adjunct.

Temporary sign. Any sign constructed of paper, canvas, fabric, cardboard, plastic or similar materials, including but not limited to flags and banners, which are constructed and designed for a temporary display or advertising a temporary event.

Wall sign. A sign that is posted, affixed, suspended, or painted on the exterior wall of a building or structure.

Window sign. A sign or message posted, painted, affixed, or attached to a window surface. Signs painted on windows, even if temporary in nature, are considered as window signs and regulated as such.

Single family dwelling unit. A detached building containing one dwelling unit designed or occupied for the exclusive use of one household.

Single family residential. One dwelling unit located on one parcel.

Single room occupancy housing. A housing unit with a room of not less than 150 square feet nor more than 450 square feet of floor area. The unit shall be provided with a separate closet, kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches in front. Light and ventilation shall conform to the California Building Code. The unit shall have a separate bathroom containing a water closet, lavatory and bathtub or shower. An SRO unit shall accommodate a maximum of two persons.

Site. A lot or group of contiguous lots that is not divided by an alley, street, other right-ofway, or City limit, and that is proposed for development under the provisions of this Zoning Code and is in single ownership or has multiple owners, all of whom join in the application for development.

Soil. The surface layer of the earth.

Solar apparatus or solar energy system. A device or equipment that is attached to a building, including the roof, used mainly for the generation of solar energy.

Solid waste. All wastes, including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, discarded commodities, dangerous wastes, and problem wastes.

Specific plan. A plan for development as defined under California Government Code Section 65450 and as approved under this Zoning Code.

State. The State of California, unless another specific meaning is indicated by the context in which the term is used.

Storage. A place where goods, materials and other personal property is placed for more than 24 hours.

Stormwater conveyance facilities. The facilities that comprise the City’s municipal separate storm sewer system (MS4), including, but not limited to, those facilities by which stormwater may be conveyed to the waters of the United States, such as flood control channels, any roads with drainage systems, municipal streets, alleys, catch basins, curbs, gutters, ditches, manmade channels or storm drains that are not part of a publicly-owned treatment work.

Stormwater multiple use facilities. Stormwater pond facilities that are also developed to allow uses such as parks, recreational, educational and research structures and activities.

Story. A portion of a building that includes the area between the upper surfaces of two consecutive floors or the ceiling above it if there is no upper floor. It includes a basement, cellar, and underfloor space.

Story
Street. A public or private right-of-way that is dedicated and used for vehicle and pedestrian access to abutting property.

Street centerline. The centerline of a street or right-of-way, as established by official surveys.

Street grade. The top of the curb on a street, or the top of the edge of the pavement or travel lane where no curb exists.

Street fair or festival. Events providing games, eating and drinking facilities, live entertainment, or similar activities conducted within public streets and not requiring the use of roof structures.

Structure. Anything that is constructed in or on the ground or over water, including any edifice, gas or liquid storage tank, and any piece of work artificially built up or composed of parts and joined together. A structure does not include paved areas, fill, fences and freestanding walls less than six feet in height, or any vehicle, although a mobile home, relocatable building, or swimming pool is considered a structure.

Sundeck. An elevated platform on top of a garage or on the roof that is open to the sky.

It may be supported from below or cantilevered and enclosed with a railing or balustrade.

Supermarket. A market having 8,000 square feet or more of its floor area used mainly for the sale of food. A market with less than 8,000 square feet shall be considered a grocery store or food market.

Supportive housing. Housing with no limit on length of stay, that is occupied by the target population as defined in Health and Safety Code Section 53260(d), and that is linked to on- or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live, and when possible, work in the community.

Swimming pool, spa, or hot tub. An artificial body of water having depth of 18 inches or more and designed, constructed and used for swimming, recreation, dipping, or immersion purposes by humans.

T
Tandem parking. Parking space configuration where two or more parking spaces are lined up behind each other.

Target population. Adults with low-income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people.

Telecommunication tower. See wireless communication facility.

Temporary use. A land use established for a specific period of time that is discontinued at the end of such time.

Temporary events. Activities that are held within a specific time period and that cease after such time. These include fairs, festivals, circus, sale of pumpkins, Christmas trees, etc., and other similar events.

Temporary housing unit. A mobile home or manufactured home that is proposed to be located temporarily on a lot, parcel, or tract of land. The lot, parcel, or tract's principal use shall be a single-family detached dwelling. The temporary housing unit shall be occupied by the parent or parents of the occupants of the dwelling, or not more than one individual who is a close relative of the occupants of the principal dwelling. An occupant of the temporary housing unit because of age, disability, prolonged infirmity, or other similar incapacitation is unable to independently maintain a separate type of residence without human assistance.

Temporary housing unit, construction. A mobile home or recreational vehicle that is placed on a lot or tract of land for the purpose of providing temporary housing for an individual who is in the process of constructing a permanent use or structure on the same lot or tract in accordance with a valid building permit.

Terminal post office. A government operated principal mail handling facility for a postal geographic service area.

Title. Title 18 of the Hawaiian Gardens Municipal Code or the Zoning Code, unless otherwise noted.

Townhouse or townhome. A dwelling unit attached typically to two or more other dwelling units by means of a roof and/or interior wall, with each dwelling unit occupying its own lot.

Townhouse
Toxic materials. See hazardous material. Substances and materials that are capable of causing injury to living organisms by chemical means when present in relatively small amounts.

Tract. A parcel of land, lot, building site, or contiguous combination thereof devoted to or intended to be devoted to a principal use and any other uses customarily accessory thereto.

Trailer. See automobile trailer.

Transient. A person who receives lodging accommodations, with or without meals for a period of 30 days or less, such as travelers and tourists.

Transitional housing and transitional housing development. Buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.

Transmission line. An electric power line bringing energy to a receiving or distribution substation.

Trash facilities or trash collection areas. Areas provided for the collection and collective removal of trash and recycling materials. Also, the area where trash and recycling receptacles are stored.

Tree, mature. Any tree with a trunk diameter of eight inches or more, measured 48 inches above the existing grade.

Tree nursery. A parcel of land used for the cultivation of landscaping materials and trees for commercial sale, but does not include agricultural areas for produce.

Tree protection. Measures taken, such as temporary fencing and the use of tree wells, to protect trees from damage or loss during or after construction.

Trucking terminal. Storage and distribution facilities having more than six heavy trucks (weighing 10,000 pounds or more when empty) on the premises at one time, excluding accessory trucking facilities incidental to the main industrial use.

Two-family unit. See duplex.

U
Unit. See dwelling unit.

Use or land use. The purpose or activity for which land or buildings are arranged, designed, or intended, or for which land or buildings are occupied or maintained and shall include any manner of performance of such activity.

Utility or public maintenance facility. Facilities for open and enclosed storage and maintenance of vehicles, equipment, or related materials used in a utility or public facility.

V
Vacate. To leave the premises permanently or abandon the use of a parcel or lot.

Variance. An adjustment to the development standards of the zone, as it applies to a specific property, that does not apply to the use or required density.

Vehicle/equipment repair. Repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation and servicing of related equipment and parts. This includes auto repair shops, body and fender shops, wheel and brake shops, tire sales and installation, but excludes vehicle dismantling or salvage yards and tire retreading and recapping facilities.

Vendors. Persons selling goods, services or other merchandise on public rights-of-way, store entries, or other outdoor areas, either stationary or mobile.

Veterinary clinic. Also animal hospital. A licensed establishment where animals are given medical or surgical treatment and care, primarily on an out-patient basis and where the boarding of animals under treatment is incidental to the principal clinic use.

Vision clearance area. The triangular areas located at the corners of public or private property adjacent to 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.

Vision Clearance Area
W
Wall. The vertical exterior surface of a building or structure. Also, the vertical interior surfaces that divide a building into rooms.

Warehouse and storage facility. A facility designed for the provision of storage space for household or commercial goods within an enclosed building. This includes storage facilities, mini storage facilities, but excludes truck terminals. While a warehouse does not provide exclusive use of a contained or uncontained storage space to an individual, a self-storage facility rents or leases storage space to persons for their exclusive storage use of that space. See self-storage facility.

Warehouse club. A business establishment selling primarily bulk merchandise and charging membership dues or otherwise restricting sales to customers paying periodic access fees.

Wastewater. Water carrying waste from domestic, commercial, or industrial facilities, together with other waters that may inadvertently enter the sewer system through infiltration and inflow.

Wholesale, distribution, and storage. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for, or selling merchandise to, such persons or companies, not including retail sales. Also includes the storage and distribution of goods and supplies within an enclosed building. See warehouse and storage building and self-storage facility.

Wireless communication facility. Facilities for the transmission and reception of radio or microwave signals used for communication, cellular phone, personal communications services, enhanced specialized mobile radio, and any other services licensed by the FCC and unlicensed wireless services including but not limited to associated equipment shelter, support tower, and antenna array.

Attached cellular communication facility. A cellular facility that is affixed to an existing structure, such as an existing building, tower, water tank, utility pole, etc.

Camouflaged or concealed telecommunications design. Also stealth design. A personal wireless service facility that is disguised, hidden, or integrated with an existing structure that is not a telecommunication tower; or, a personal wireless service facility that is placed within an existing or proposed structure; or, a new telecommunication tower that is hidden within trees or other feature so as to be significantly screened from view.

Cell on wheels (COW). A mobile telecommunications facility transported by a motor vehicle for temporary on-site use.

Cellular communication support structure. The structure erected to support cellular communication antennas and connecting appurtenances. Support structure types include, but are not limited to, monopoles, lattice towers, wood poles, or guyed towers.

Co-location. The use of a single support structure, including but not limited to, a building, monopole, lattice tower, water tank, or other structure by more than one licensed personal wireless communication service provider.

Communication service provider. A corporation, company, association, joint stock company, firm, partnership, limited liability company, other entity, and individual licensed to provide personal wireless service or personal wireless communication facilities.

Telecommunication tower or transmission tower. A structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including but not limited to self-supporting lattice towers, guy towers, or monopole towers. The term encompasses personal wireless service facilities including radio and television transmission towers, microwave towers, commoncarrier towers, cellular telephone towers, or personal communications services towers, and alternative tower structures.

Telecommunications radio relay station. A facility containing structure and equipment for the transmission of telecommunications messages between telephone system facilities, by microwave, radio or similar technologies.

X
Y
Yard. An area defined by the required setbacks on any lot, unoccupied by a structure and unobstructed from the ground to the sky, except as otherwise permitted by this Zoning Code.

Front yard. A yard lying between the nearest line of any structure and the front lot line and extending across the full width of the lot.

Rear yard. A yard lying between the nearest line of any structure and the rear lot line and extending across the full width of the lot.

Side yard. The yard between the side exterior wall of a building and the nearest side lot line, extending from the front yard to the rear yard.

Youth hostel. A supervised lodging facility for young travelers.

Z
Zone. A specific area or district in the City, where uniform development standards and land uses have been established by this Zoning Code, the boundaries of which are defined in this Zoning Code and shown in the zoning map.

Zone change. An official act of amending this Zoning Code by changing the applicable zone designation for a parcel or lot or moving the zone boundaries in the zoning map.

Zoning Code. The Zoning Code of the City of Hawaiian Gardens.

Zoning Code amendment. An official act of amending the text of this Zoning Code, including revisions to the standards and procedures contained in this Zoning Code.

18.20.040 – Code interpretation.

Whenever there is uncertainty over the meaning of the terms in this Zoning Code, official interpretation of the provisions of this Zoning Code shall be made by the Community Development Director. Such interpretations may be referred by the Community Development Director to the Planning Commission and the City Council for review, if the Director determines on a case-by-case basis, that the public interest would be better served by such referral.

Chapter 18.30 – ZONING MAP

18.20.010 – Text and official zoning map.

The Hawaiian Gardens Zoning Code shall consist of text and the official zoning map, in accordance with the following:

C. Zones. The City of Hawaiian Gardens is divided into the following zones, which are consistent with and implement the policies of the general plan:

R-1:10,000 - Single Family Estate Zone
R-1 - Single Family Residential Zone
R-2 - Medium Density Residential Zone
R-3 - Intermediate Density Residential Zone
R-4 - High Density Residential Zone
MHP - Mobile Home Park Zone
C-2 - Downtown Commercial Zone
C-4 - General Commercial Zone
M-1 - Light Industrial Zone
MU-1 - Mixed-Use 1
MU-2 - Mixed -Use 2
RIH – Religious Institution Housing
PF - Public Facilities Zone
SP - Specific Plan Zone
(BC) - Bingo Club Overlay Zone
(CC) - Card Club Overlay Zone
(PD) - Planned Development Overlay Zone
(P) - Park Overlay Zone
D. Zoning map. The boundaries of the zones established in this Zoning Code are shown on the map entitled "City of Hawaiian Gardens Zoning Map." The City of Hawaiian Gardens Zoning Map shows the location and the boundaries of the various zones in the City of Hawaiian Gardens and is an integral part of this Zoning Code.

This map is on file with the Community Development Department and available for public examination and purchase.

E. Special symbols. The City may establish alternate development standards for a particular geographic area other than those set forth for the zone covering the area.

Such development standards shall supersede or shall be in addition to those contained in Chapters 18.40 to 18.70 of this Zoning Code and shall be specified by means of one or more of the following symbols on the official zoning map:

1. Lot size. A number following the zone designation and connected by a colon shall designate the minimum lot size in square feet.

Example: R-1:10,000.

2. Overlay zone. Letters enclosed in parenthesis and following the zone designation and/or connected by a hyphen shall designate an overlay zone. This indicates that special development standards are applicable to the area within the overlay zone, when it is developed in accordance with the use of the overlay zone.

Example: C-4 (CC) and R-3 (PD).

However, the park overlay zone (P) refers to a floating zone that designates the general area where a future park may be developed. No specific development standards would apply to projects on parcels with the park overlay zone.

3. Public facilities zone. Letters within the different areas designated as public facilities refer and identify the land use of the zone but do not mean or call for any specific zone standards outside of those specified for the public facilities zone.

Example: CO - City Offices, PO - Post Office, P - Park, FS - Fire Station, CH - Church, H - Hospital, ES - Elementary School and JHS - Junior High School.

18.30.020 – Zone boundaries.

In determining the exact boundaries of the zones on the zoning map, the following rules shall apply:

A. Boundaries following the centerlines of streets, alleys, or other right-of-way shall be construed as congruent with such centerlines. Boundaries indicated as approximately following the right-of-way lines of streets shall be construed as congruent with such right-of-way lines and shall further be construed as moving with such right-of-way lines.

B. Boundaries following lot lines, section lines, or City limits shall be construed as congruent with such lines.

C. Boundaries indicated as parallel to or extensions of lot lines, section lines, or City limits shall be so construed. Distances not specifically indicated on the zoning map shall be determined by the scale of the map.

D. Where any public right-of-way is officially vacated or abandoned, the zone boundaries of the abutting property shall thereafter extend to the centerline of such vacated or abandoned right-of-way.

E. In cases where uncertainty exists after application of subsections A. to D. above, the exact boundary shall be determined by written decision of the Community Development Director.

Chapter 18.40 – RESIDENTIAL ZONES

18.40.005 – Purpose of residential zones.

Residential zones are designed and intended to provide residents of the City with a comfortable, healthy, safe, and pleasant living environment.

18.40.010 – R-1: 10,000 – Single family estate zone.

A. Purpose. The purpose of the single family estate (R-1:10,000) zone is to provide safe, attractive and stable environment for large lot single-family residential development. This designation is intended to promote detached single-family units with adequate area for homes, yards, and accessory uses. The "10,000" suffix refers to the minimum lot size requirement, in square feet, for lots within this zone. The R-1:10,000 zone is consistent with the very low density land use designation of the General Plan.

B. Permitted uses. Permitted uses are set forth in Section 18.40.070 of this chapter.

C. Development standards. Development within the R-1:10,000 zone shall comply with the following development standards:

R-1:10,000 STANDARDS
Residential density 1 – 4 dwelling units per acre
Maximum number of units per lot 1 dwelling unit per lot Minimum lot size 10,000 square feet
Minimum lot width 50 feet
Minimum lot depth 100 feet
Maximum lot coverage 50%
Setbacks
Front 20 feet
Standard side 10% of lot width, min. of 5 feet and max. of 7 feet
Street side of corner lots 10 feet
Within rear 20 feet of reverse corner
lot
20 feet
Rear 15 feet
Through lot 20 feet
Maximum height 2 stories or 30 feet, whichever is less
Minimum floor area 1,700 square feet per dwelling unit
Minimum distance between buildings 8 feet
Requirements for parking, landscaping, trash enclosures, fences, walls, outdoor storage, etc. and residential design standards are provided in Chapter 18.50 residential regulations.

18.40.020 – R-1 – Single family residential zone.

A. Purpose. The purpose of the single family residential (R-1) zone is to provide areas for the development of detached single-family units at low densities, to promote the preservation of existing detached single family residential units and to encourage redevelopment of these areas with similar land uses. The R-1 zone is consistent with the low density land use designation of the General Plan.

B. Permitted uses. Permitted uses are set forth in Section 18.40.070 of this chapter.

C. Development standards. All development within the R-1 zone, including nonresidential uses shall comply with the following development standards:

R-1 STANDARDS
Residential density 4.1 – 8.4 dwelling units per acre
Maximum number of units per lot 1 dwelling unit per lot Minimum lot size 6,000 square feet
Minimum lot width 50 feet
Minimum lot depth 100 feet
Maximum lot coverage 50%
Setbacks
Front 20 feet
Standard side 10% of lot width, min. of 5 feet and max. of 7 feet
Exception: 3 feet on 25-foot wide lots
allowed
Street side of corner lots 10 feet
Within rear 20 feet of reverse corner
lot
20 feet
Rear 15 feet
Through lot 20 feet
Maximum height 2 stories or 30 feet, whichever is less
Minimum floor area 1,700 square feet per dwelling unit
Minimum distance between buildings 8 feet
Requirements for parking, landscaping, trash enclosures, fences, walls, outdoor storage, etc. and residential design standards are provided in Chapter 18.50 residential regulations.

18.40.025 – Two-unit projects.

A. Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.

B. Definition. A "two-unit project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

C. Application.

1. Only individual property owners may apply for a two-unit project. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

2. An application for a two-unit project must be submitted on the City's approved form.

3. The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

4. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

5. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the Code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. An application for a two-unit project is approved or denied ministerially, by the Community Development Director.

2. The ministerial approval of a two-unit project does not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements.

3. The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.

4. The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this Code.

E. Requirements. A two-unit project must satisfy each of the following requirements:

1. Map Act Compliance. The lot must have been legally subdivided.

2. Zone. The lot is located in the single-family estate or single family residential (R-1:
10,000 and R-1) zones.

3. Lot location.
a. The lot is not located on a site that is any of the following:
i. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters. ii. A wetland.
iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards. iv. A hazardous waste site that has not been cleared for residential use. v. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards. vi. Within a 100-year flood hazard area, unless the site has either:
(A) Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or (B) Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
vii. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
viii. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
ix. Habitat for protected species.
x. Land under conservation easement.

4. Not historic. The lot must not be a historic property or within a historic district that is included on the state historic resources inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or county landmark or as a historic property or district.

5. No impact on protected housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.
c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060-7060.7) at any time in the 15 years prior to submission of the urban lot split application. d. Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map.

The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

6. Unit standards.
a. Quantity.
i. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU. ii. A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under State law and the City's ADU ordinance.
b. Unit size.
i. The total floor area of the second primary dwelling built that is developed under this section cannot exceed 800 square feet.
c. Demo cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.
d. Lot coverage. The City's existing lot coverage standards for its single-family estate and single family residential (R-1: 10,000 and R-1) zones shall apply to projects subject to the section per the applicable zone based on project location.

This lot coverage standard shall apply to the maximum extent feasible so that two primary dwelling units on the lot at 800 square feet are permitted. e. Open space. The City's existing open space standards for its single-family estate and single family residential (R-1: 10,000 and R-1) zones shall apply to projects subject to the section per the applicable zone based on project location.

This open space standard shall apply to the maximum extent feasible so that two primary dwelling units on the lot at 800 square feet are permitted. f. Setbacks.
i. Generally. The City's existing setbacks standards for its single-family estate and single family residential (R-1: 10,000 and R-1) zones shall apply to projects subject to the section per the applicable zone based on project location. These setbacks standards shall apply to the maximum extent feasible so that two primary dwelling units on the lot at 800 square feet are permitted.
ii. Exceptions. Notwithstanding subpart F.6.f above:
(A) Existing structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
(B) Eight hundred square feet; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.
ii. Front setback area. Notwithstanding any other part of this Code, dwellings that are constructed under this section must be equal to at least ten percent of the depth of the lot; however, the maximum setback shall be ten feet, and the minimum setback shall be five feet. The front setback area must:
(A) Be kept free from all structures greater than three feet high; (B) Be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;
(C)Allow for vehicular and fire-safety access to the front structure. g. Parking. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:
i. The lot is located within one-half mile walking distance of either:
(A) A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours; or
(B) A site that contains:
(I) An existing rail or bus rapid transit station,
(II) A ferry terminal served by either a bus or rail transit service, or (III) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
ii. The site is located within one block of a car-share vehicle location. h. Architecture.
i. If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. ii. If there is no legal primary dwelling on the lot before the two-unit project, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. iii. All exterior lighting must be limited to down-lights. iv. No window or door of a dwelling that is constructed on the lot may 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.
i. Nonconforming conditions. A two-unit project may only be approved if all illegal nonconforming zoning conditions are corrected.
j. Utilities.
i. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
ii. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years.
k. Building and safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the City's current Code. l. Other standards. All other applicable standards of this Code shall apply to the extent these standards do not conflict with this section of State law.

7. Fire-hazard mitigation measures. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
a. It must have direct access to a public right-of-way with a paved street with a width of at least 40 feet. The public right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.
b. All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.
c. All enclosed structures on the site must have fire sprinklers. d. All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right-of-way or of an onsite fire hydrant or standpipe.
e. If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.

8. Separate conveyance.
a. Primary dwelling units on the lot may not be owned or conveyed separately from each other.
b. Condominium airspace divisions and common interest developments are not permitted within the lot.
c. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

9. Regulation of uses.
a. Residential-only. No non-residential use is permitted on the lot. b. No STRs. No dwelling unit on the lot may be rented for a period of less than 30 days.
c. Owner occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.

10.Notice of construction.
a. At least 30 business days before starting any construction of a two-unit project, 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,
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 project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

11.Deed restriction. The owner must record a deed restriction, acceptable to the City, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. Expressly prohibits any non-residential use of the lot. c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. If the lot is not created by an urban lot split, expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.
e. If the lot is created by an urban lot split, then it is subject to the City's urban lot split regulations, including all applicable limits on dwelling size and development and the only development permitted on the lot are two-unit projects subject to this chapter.

F. Specific adverse impacts.

1. Notwithstanding anything else in this section, the City may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. "Specific adverse impact" has the same meaning as in Gov. Code § 65589.5(d)(2):
"a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include:
a. Inconsistency with the zoning ordinance or general plan land use designation; or
b. The eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

G. Remedies. If a two-unit project violates any part of this Code or any other legal requirement:

1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

2. The city may:
a. Bring an action to enjoin any attempt to sell, lease, or finance the property. b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
c. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000.00, or both; or a misdemeanor.
d. Record a notice of violation.
e. Withhold any or all future permits and approvals.
f. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the City's Code.

18.40.030 – R-2 – Medium density residential zone
A. Purpose. The purpose of the medium density residential (R-2) zone is to provide a safe, attractive and stable environment for single-family, duplex, and other medium density multi-family residential uses. This zone is intended to encourage and stabilize existing medium density developments, such as one or two single-family detached units, two-family units, or group homes. The R-2 zone is consistent with the medium density land use designation of the General Plan.

B. Permitted uses. Permitted uses are set forth in Section 18.40.070 of this chapter.

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

R-2 STANDARDS
Residential density 8.5 - 17 dwelling units per acre
Minimum lot size 3,750 square feet
Minimum lot width 37.5 feet
Minimum lot depth 100 feet
Maximum lot coverage 50%
Setbacks
Front 15 feet
Standard side 10% of lot width, min. of 5 feet and max. of 7 feet
Exception: 3 feet on 25-foot wide lots
allowed
Street side of corner lots 10 feet
Within rear 20 feet of reverse corner
lot
20 feet
Rear 10 feet
Through lot (street) 20 feet
Through lot (alley) 10 feet
Maximum height 2 stories or 30 feet, whichever is less
Minimum distance between buildings 8 feet
Minimum floor area per dwelling unit Single room occupancy - 150—450 square feet
Single family - 1,500 square feet
Bachelor apartment - 450 square feet
1-Bedroom unit - 750 square feet
2+-Bedroom unit - 950 square feet
Open space for parcels with 2 units or
a duplex
130 square feet per unit, consisting of:

Common useable open space 50 square feet per unit
Private useable open space 80 square feet per unit adjacent to unit, minimum dimension of 6 feet
Open space for parcels with 3 units or
more, multi-family projects,
apartments, condominiums and
condominium conversions
350 square feet per unit, consisting of:

Common useable open space (tot
lots, recreation areas and facilities,
etc.)
250 square feet per unit
Private useable open space (patios,
balconies, terraces, etc.)
100 square feet per unit adjacent to unit,
with a minimum dimension of 6 feet
Requirements for parking, landscaping, trash enclosures, fences, walls, outdoor storage, etc. and residential design standards are provided in Chapter 18.50 residential regulations.

18.40.040 – R-3 – Intermediate density residential zone.

A. Purpose. The purpose of the intermediate density residential (R-3) zone is to provide areas for multi-family residential developments where adequate services, traffic circulation, and the existence of open space and recreation areas are available. These areas are intended to accommodate several detached single-family homes on one lot or small-scale multi-family development projects. The R-3 zone is consistent with the intermediate density land use designation of the General Plan.

B. Permitted uses. Permitted uses are set forth in Section 18.40.070 of this chapter.

C. Development standards. All development within the R-3 zone, including nonresidential uses shall comply with the following development standards:

R-3 STANDARDS
Residential density 17 - 19 dwelling units per acre
Minimum lot size 7,500 square feet
Minimum lot width 50 feet
Minimum lot depth 100 feet
Maximum lot coverage 65%
Setbacks
Front 10 feet
Standard side 10% of lot width, min. of 5 feet and max. of 7 feet
Street side of corner lots 10 feet
Within rear 20 feet of reverse corner
lot
20 feet
Rear 10 feet
Through lot 20 feet
Maximum height 3 stories or 36 feet, whichever is less
Minimum distance between buildings 8 feet
Minimum floor area per dwelling unit Single room occupancy - 150—450 square feet
Single family - 1,500 square feet
Efficiency apartment - 450 square feet
1-Bedroom unit - 750 square feet
2+-Bedroom unit - 950 square feet
Open space for multi-family projects,
apartments, condominiums and
condominium conversions
350 square feet per unit, consisting of:

18.40.050 – R-4 – High density residential zone.

A. Purpose. The purpose of the high density residential (R-4) zone is to provide areas for multiple family residential developments where adequate services, traffic circulation, and the existence of open space and recreation areas are available. These are found in areas that provide a transition to non-residential zones and are primarily intended for apartments, condominiums and other high-density multi-family developments. The R-4 zone is consistent with the high density land use designation of the General Plan.

B. Permitted uses. Permitted uses are set forth in Section 18.40.070 of this chapter.

C. Development standards. All development within the R-4 zone, including nonresidential uses shall comply with the following development standards:

R-4 STANDARDS
Residential density 19 - 24 dwelling units per acre
Minimum lot size 7,500 square feet
Minimum lot width 50 feet
Minimum lot depth 100 feet
Maximum lot coverage 65%
Setbacks
Front 5 feet
Standard side 5 feet
Street side of corner lots 10 feet
Within rear 20 feet of reverse corner
lot
20 feet
Rear 5 feet
Through lot 20 feet
Maximum height 3 stories or 36 feet, whichever is less
Minimum distance between buildings 8 feet
Minimum floor area per dwelling unit Single room occupancy - 150—450 square feet
Single family - 1,500 square feet
Efficiency apartment - 450 square feet
1-Bedroom unit - 750 square feet
2+-Bedroom unit - 950 square feet
Open space for multi-family projects,
apartments, condominiums and
condominium conversions
350 square feet per unit, consisting of:

18.40.055 – RIH – Religious institution housing zone.

A. Purpose. The purpose of the religious institution housing (RIH) zone is to provide areas for multiple family residential developments on properties developed with church uses. These areas are primarily intended for high density attached dwelling units, including apartments. The RIH zone is consistent with the religious institution housing land use designation of the General Plan.

B. Permitted uses. Permitted uses are set forth in Section 18.40.070 of this chapter.

C. Development standards. All development within the RIH zone shall comply with the following development standards:

RIH STANDARDS
Residential density 20 - 30 dwelling units per acre
Minimum lot size 10,000 square feet
Minimum lot width 50 feet
Minimum lot depth 100 feet
Setbacks
Front 5 feet
Side 5 feet
Side abutting a residential zone 10 feet, plus 1 foot for each foot the bldg. exceeds 30 feet in height
Rear None
Rear abutting a residential zone 10 feet, plus 1 foot for each foot the bldg. exceeds 30 feet in height
Maximum height 3 stories or 36 feet, whichever is less
Minimum distance between buildings 8 feet
Minimum floor area per dwelling unit Single room occupancy - 150—450 square feet
Efficiency apartment - 450 square feet
1-Bedroom unit - 750 square feet
2+-Bedroom unit - 950 square feet
Open space for multi-family projects,
apartments, condominiums and
condominium conversions
350 square feet per unit, consisting of:

Common useable open space (tot
lots, recreation areas and facilities,
etc.)
250 square feet per unit
Requirements for parking, landscaping, trash enclosures, fences, walls, outdoor storage, etc. and residential design standards are provided in Chapter 18.50 residential regulations.

18.40.060 – MHP – Mobile home park zone.

A. Purpose. The purpose of the mobile home park (MHP) zone is to preserve existing mobile home park sites, consistent with the City's goals of accommodating alternative housing types, and to provide supplemental regulations for the operation and maintenance of mobile home parks.

B. Permitted uses. Permitted uses are set forth in Section 18.40.070 of this chapter.

C. Development standards. Construction of mobile homes and mobile home parks are subject to the California Code of Regulations, Title 25, Division 1 and operation of a mobile home park is subject to the California Civil Code Section 798 (Mobilehome Residency Law) and the California Health and Safety Code Section 18000 (Mobilehomes-Manufactured Housing Act of 1980). In addition, development within the MHP zone in the City shall comply with the following development standards:

MOBILE HOME PARK STANDARDS
Minimum lot size for mobile home
park

2.5 acres
Minimum lot width of mobile home
park
100 feet
Minimum lot depth of mobile home
park
100 feet
Maximum lot coverage of mobile
home park
65%
Setbacks
Front (from exterior streets) 20 feet
Standard side (from property lot
lines)
5 feet
Street side of corner lots 10 feet
Within rear 20 feet of reverse corner
lot
20 feet
Rear (from property lot lines) 10 feet
Through lot 20 feet
Open space 50 square feet/unit of common open
space

INDIVIDUAL MOBILE HOME LOT/SPACE STANDARDS
Minimum lot size of mobile home lot 2,100 square feet
Max. height of mobile home or
accessory structure
1 story or 15 feet, whichever is less
Minimum distance between mobile
homes
10 feet side to side
8 feet side to rear
6 feet rear to rear
The area between mobile homes may be used as landscaped areas, parking, and private open space but shall not accommodate accessory structures.

Open space 80 square feet/unit of private open space
Requirements for parking, landscaping, trash enclosures, fences, walls, outdoor storage, etc. and residential design standards are provided in Chapter 18.50 residential regulations.

18.40.070 – Uses permitted in residential zones.

A. Uses and structures permitted. The table of permitted uses, below, lists the specific uses and structures which are permitted within each 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:

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

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

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

4. H - Permitted as a home occupation only with an approved home occupation permit.

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

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

USES PERMITTED IN RESIDENTIAL ZONES
Single
Family
Estate
and
Single
Family
Residenti
al
Medium
and
Intermedia
te Density
Residentia
l
High
Density
Residenti
al
Religious
Institution
Housing
Mobile
home
Park
Land Use R-1:
10,000
and R-1
R-2 and R3R-4 RIH MHP
Residential Uses
Accessory dwelling
unit, subject to §

18.90.080

P P P P X
Accessory
structures
(excluding garages)
under 400 sq. ft.

P P P P P
Accessory
structures
(excluding garages)
over 400 sq. ft.

X X X X X
Affordable housing P P P P X
Apartment (multifamily rental units)X P P P X
Bed and breakfast
inns

C C C X X
Boarding house M M M M X
Clustered
development

X C C C X
Community care
facility, small (6 or
fewer)

P P P P X
Community care
facility, large (7 to
14)

X P P P X
Condominium
(residential)

X P P P X
Convents/monastery X C C P X
Cottage/carriage
dwelling units,
subject to §

18.90.080

P P P P X
Duplex or two-family
dwelling

X P X X X
Emergency shelters X P P P X
Employee housing P P P P X
Employee quarters
(manager, caretaker
or proprietor)

X P P P P
Factory-built
housing

P P P P X
--
Guest house M M M M X
Guest room P P P P X
Licensed group
homes

P P P P X
Lodging houses M M M M X
Low barrier
navigation centers

X P P P X
Manufactured
housing

P P P P X
Mobile home X X X X C
Mobile home park X X X X C
Planned
development

X C C C X
Rooming houses M M M M X
Senior housing X C C P X
Single family
residential

P P P X X
Single room
occupancy*****

X P P P X
Supportive housing P P P P X
Transitional housing P P P P X
Two-unit projects P X X X X
Youth hostels X C C C X
Institutional Uses
Administrative
government
services

X X X X X
Adult day care C C X X X
Child day care
home, small (up to 8
children)*

P P P P X
Child day care
home, large (9 to 14
children)*, ***

M M M M X
Churches, convents,
monasteries, other
religious institutions,
and other places of
public assembly
C C C P (but only
if
established
in a legally
existing
church
structure)
X
Cultural facilities C C C X C
Community care
facility (6 or fewer)*

P M M P X
Community care
facility (more than 6)

C P P P X
Community centers,
lodges, social halls

X C C X C
Congregate care (6
or fewer)

P M M M X
Congregate care
(more than 6)

X P P P X
Convalescent facility
(6 or fewer)

P M M M X
Convalescent facility
(more than 6)

C P P P X
Educational facilities C C C X X
Fire station C C C X X
Foster family home
(6 or fewer)*

P M M M X
Foster family home
(more than 6)

C P P P X
Group homes,
small*

P P P P X
Group homes,
large*

M P P P X
Home-based day
care (adult and
child)*

C C C C X
Institutional uses
(facilities for
treatment of aged
persons, children,
alcoholics,
wounded, mentally
infirm, etc.)

X C C C X
Libraries C C C X X
Museum X X C X X
Nursery school C C C X C
Nursing home/rest
home

X C C C X
Parks (public) P P P X X
Police station C C C X X
Public flood control
facilities

C C C X X
Public maintenance
facilities

X X X X X
Public safety
services

C C C X C
Public utilities
substation and
facilities

C C C X X
Recreation, nonprofitC C C X C
Residential care for
elderly (6 or fewer)*

P M M M X
Residential care for
elderly (more than
6)

X P P P X
Schools (preschool,
elementary, junior
high and high)

C C C X X
Temporary Uses
Contractor's
temporary office

T T T T T
Estate sales** T T T T T
Garage sales, yard
sales**

P P P P P
Real estate office
(temporary, less
than 2 years)

T T T T T
Temporary housing
unit

T T T T T
Other Uses
Agriculture produce
stands

X X X X X
Animal raising or
breeding

X X X X X
Camping and picnic
areas

X X X X X
Central office
switching unit

C C C X C
Containers, subject
to § 18.50.060(I)

T T T T T
Detached garages P P P P P
Game courts
(basketball, tennis,
racquetball, etc.) -
private

P P P P P
Gardening
shed/storage shed

P P P P P
Greenhouse M M M M X
Kennels X X X X X
Parking lot
(public)****

C C C C C
Parking lot
(private)****

X C C C X
Patio covers, decks,
gazebos

P P P P P
Photo studio X X X X X
Home occupations,
subject to §

18.100.070

H H H H H
Relocatable
buildings

M M M M X
Satellite dishes and
antennas for
individual use,
subject to §

18.90.010

P P P P P
Solar
apparatus/solar
energy system

M M M M M
Sun deck P P P P P
Swimming pools,
spas, hot tubs, and
cabanas

P P P P P
Telecommunication
towers

X X X X X
Tree/plant nursery X X X X X
Utility company
facility

C C C X C
Utility equipment
structure

C C C C C
Wireless
communication
facility

X X X X X
* Subject to regulations of the California Health and Safety Code regarding community care facilities.
** See Section 18.90.150, garage and yard sales.
*** Requires a home occupation permit.
**** Parking lot must be adjacent to the use it is serving. See Section 18.50.010(L) (parking lots in residential zones).
***** Multiple dwelling structures comprised entirely of SRO units (an SRO development) must have a minimum of 16 such units.

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 (such as commercial and industrial land uses) are not permitted in residential 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.).

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.

18.40.080 – By-right requirements.

A. All sites within 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.

B. 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:

1. 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;

2. Accommodate a minimum of 16 units per site;

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

4. Allow 100 percent residential use in the RIH zone; and

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

Chapter 18.50 – RESIDENTIAL REGULATIONS
The purpose of this section is to provide development requirements, including parking, landscaping, trash enclosures, fences, walls, outdoor storage, and residential design standards for the development of uses within the City’s residential zones identified in Chapter 18.40. Provisions set forth in Chapter 18.90 supplemental regulations, where applicable, shall also apply to this chapter. Where standards conflict between Chapter

18.90 and this section, the standards set forth in this chapter shall take precedence.

18.50.010 – 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 area associated with development. The intent of these regulations is to ensure that the use of land does not interfere adversely with the 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.

A. Applicability.

1. 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.

2. 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.

B. Parking and loading spaces.

1. Number of parking spaces. Required off-street parking spaces for specific uses are listed below and in Section 18.70.010 Non-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.

RESIDENTIAL OFF-STREET PARKING REQUIREMENTS
Use Required Parking
A. Residential Uses

1. Single-family residences and two
dwelling unit multi-family
residential
2 spaces in an enclosed garage; 5 or
more bedrooms shall require the
provision of a third parking space in an
enclosed garage. For lots 25 feet in width
or less 1 space in an enclosed garage is
required.

2. Multi-family residential
Single room occupancy 1.0 space/dwelling unit
1-bedroom unit 1.0 spaces/dwelling unit
2-bedroom unit 1.5 spaces/dwelling unit
3-bedroom unit or more 2.0 spaces/dwelling unit
Guest parking 1 space per 3 units

3. Senior housing 0.6 space/dwelling unit plus 1 space per 3 units.

4. Mobilehome park 2 spaces/mobilehome plus 1 guest
space/4 mobilehomes.

5. Convalescent/congregate care
facility

0.5 space/room plus 1 space/employee.

6. Rooming houses, lodging houses,
clubs and fraternity houses with
sleeping rooms
1 space/room.

7. Accessory dwelling unit (ADU)
Attached and Detached ADU 1 space/unit, except for exceptions in subsection 18.90.080.F.12.c.

Converted ADU No parking required.

Junior ADU No parking required.

8. Accessory dwelling unit, subject to
Section 18.90.100
1 space/ ADU.

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

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

4. Loading spaces. No loading spaces are required for residential uses. Loading requirements for non-residential uses are outlined in Section 18.70.010 nonresidential parking and loading requirements.

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. One handicap accessible parking space shall be provided for each dwelling unit designed for people with disabilities.

2. 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.

3. Handicap accessible parking spaces shall be provided as follows and shall count towards meeting 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
D. Parking layout and dimensions. Parking facilities shall be designed to conform to the following minimum standards:

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

PARKING SPACE DIMENSIONS
Space
Angle
Space
Width1
Space
Depth
One-Way
Aisle
Two-Way
Aisle2
Width of Space
Parallel to Aisle
0° 22’ 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’
1Space width is measured perpendicularly from center of stripe to center of stripe. 2Wider aisles may be required for fire access and emergency vehicles.

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

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

4. Tandem parking shall not be considered as meeting the minimum off-street parking requirements for single-family dwellings unless provided as the third and fourth parking space, except that tandem parking may be used for single-family dwellings located on lots less than 30 feet in width through the approval of a minor use permit when it is demonstrated that doing so would result in a more efficient use of the property and the design of the project would be more aesthetically pleasing to the surrounding neighborhood.

5. No compact spaces are allowed in residential zones.

6. All parking areas 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.

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

1. Parking facilities serving residential uses shall be located on the same property as the use the parking is intended to serve.

2. Property within the public right-of-way shall not be used to provide the required parking facilities.

3. Required parking spaces for single family homes shall be provided within an enclosed garage. Carports are allowed in lieu of garages for multi-family projects.

Guest spaces may be provided in an open parking lot and may be provided within the rear yard setback.
a. The garage shall have inside dimensions of at least 12 feet by 20 feet for one car and 18 feet by 20 feet for two cars. The depth of tandem parking spaces shall be at least 36 feet. The minimum garage door width for a two-car garage shall be 16 feet.
b. The garage shall be made of permanent construction, using new, conventional materials, such as wood or light gauge metal framing. Temporary prefabricated canopies shall not be used to provide required parking. c. A detached garage is prohibited to be built in the required front yard and side yard setbacks. A detached garage may be built along the rear property line.

The garage may be built along one interior side yard property line to a distance not more than 24 feet from the rear property line. All roof drainage shall be confined to the subject property and shall not drain to neighboring properties.

If a garage is not built on the property line a minimum setback of three feet is required along the adjacent rear and side property lines to allow access around the garage.
d. Garages or carports that have access from a street shall be located so that there is a minimum of 20 feet of driveway between the front property line and the front of a garage door or carport. Garages or carports that have access from an alley shall be located so that there is a minimum of ten feet of driveway between the rear property line and the front of a garage door or carport. e. If laundry facilities, work space, or other uses are provided within the garage, additional floor area shall be provided to ensure that the required parking space and adequate vehicle storage is still available.
f. Carports may be utilized for parking spaces if permanently anchored to the ground with use of foundations.
g. Tarps shall not be used to enclose any parking space in any circumstance.

Temporary prefabricated canopies may be used to cover parking spaces other than those not required by this section subject to the regulations in subsection M., below.

4. 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.

5. Parking spaces at the end of a parking aisle against a curb or wall shall be widened by one additional foot.

6. Except for single-family and two-unit multi-family developments, no parking facility shall be designed so vehicles are required to back into a public street to exit the facility. The turning radius for all residential development projects shall be a minimum of 24 feet. All parking stalls for multi-family projects shall have a 90- degree parking angle.

F. Driveways and access. All dwelling units shall have direct access to a public street or public alley, except for mobile homes within a mobile home park, which shall only have frontage on internal private drives. Each required parking space shall be provided with adequate ingress and egress through a paved driveway. The location of the driveway shall be in the position with the most direct route to parking spaces.

1. Vehicular access.
a. All uses which adjoin a major highway shall, whenever possible, take access by way of a secondary road.
b. For lots developed with single family residences and abutting an alley, garage access shall be taken from the alley.
c. Access to driveways shall be located so as not to interfere with the traffic flow on adjacent streets.
d. Access driveways across sidewalks or pedestrian ways shall be designed in such a manner as to promote pedestrian safety.
e. Access and driveways shall be located along the most direct route to the garage.

2. Driveways. Driveways shall have maximum widths of 40 percent of the front lot line or less, and shall comply with the following standards:
a. Driveways shall be ten feet wide if serving five or less off-street parking spaces for a residential use.
b. Driveways shall be 16 feet wide if serving more than five off-street parking spaces for a residential use.
c. Driveways shall be no more than 24 feet wide if serving a multi-family residential use.
d. All driveways shall maintain a vertical clearance of at least ten feet. e. No more than one driveway per residential parcel is permitted, unless serving a secondary residential use in the rear. The driveway shall not be expanded to accommodate additional parking in the front yard setback. f. 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.
g. Driveways and parking areas shall be surfaced and improved with Portland concrete cement, or other material approved by the Community Development Director and maintained in good serviceable condition. Thereafter, every three years, all parking areas and drive aisles shall be slurry sealed and properly maintained. Parking lots shall be regularly cleaned and be free of any trash or debris.
h. 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 property owner.
i. Commercial trucks and vehicles over one ton shall not be parked in any residential zone or public right-of-way.
j. Driveways shall at all times be kept and maintained free and clear of any inoperative vehicle, debris, waste, junk, building materials, boxes or any other items which block or limit access to the garage or parking area. k. Where required for public safety, appropriate exit, entrance and directional signs shall be posted and maintained at locations approved by the Community Development Director.
l. Six-inch concrete curbs shall be installed along the borders of all required landscaped areas, where said landscaped areas abut driveways, off-street parking and loading areas, and other similar facilities. m. Fire lanes shall be adequately marked and patrolled to prevent parking and other obstructions.
n. Circular driveways shall be permitted on lots in the R-1 zones that are greater than 75 feet in width. The turning radius of a circular driveway shall be a minimum of 15 feet measured at the inside of the curve.

3. Parking on driveways.
a. 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.
b. Parking on driveways serving single-family and duplex units shall be perpendicular to the garage door or car port.

4. Safe access. Except for single family homes, internal walkways shall be provided to assure safe access to the building from parking areas, adjacent properties, and public sidewalks.

G. Shared parking. No shared parking is allowed on properties that are only developed with residential uses.

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.

3. Bumpers, wheel stops, stall markings, and other vehicular controls are required for off-street parking facilities serving uses other than single-family residences, 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. Curbs shall be installed a minimum of five feet from any wall, fence, building, or other structure. The minimum standard curb radius shall be six feet at all aisle corners.

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

5. An off-street parking facility for an existing use that does not conform to the minimum requirements of this section is subject to Section 18.100.130 nonconforming uses and structures.

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

I. Use of parking areas.

1. Required parking 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 unless approved through a temporary use permit.

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 activity.

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.

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

J. Parking in front yards of residential lots.

1. All vehicles parked in the front yard of a residential lot shall be parked only on a driveway leading directly to a garage or carport, and shall be parked on a fully paved surface. Driveways shall be no wider than the garage or carport to which the driveway provides direct access.

2. Parking on unpaved surfaces, concrete tiles or blocks or similar surfaces is prohibited.

3. Parking of vehicles outside of designated parking spaces is prohibited. This includes parking in loading areas, fire lanes, yards, and other open areas not specifically designed to accommodate a vehicle.

K. Residential garages.

1. The capacity of single-family residential garages, whether attached or detached to the main dwelling unit shall not exceed three automobiles, except that garages for up to four automobiles may be permitted on lots wider than 75 feet.

2. If a three-car garage is provided, the third garage shall be recessed a minimum of two feet from the front of the two-car portion of the garage.

3. Garages shall not exceed a maximum size of 650 square feet.

L. Parking structures.

1. On-grade parking structure walls facing a public right-of-way and any other parking structure walls greater than 25 feet in length shall include design features consisting of textured surfaces, articulation, and/or landscaping (vines to cover large surface area) covering a minimum of 50% of the wall surface area. The design of all parking structure walls shall include the same materials, colors, and surfaces as other buildings associated with the development.

Articulation includes faux windows, arches, grillwork, building offset, and stone/tile building materials.

2. Below-grade parking structures shall be screened from the street by landscaping, berming, low walls or fences, or buildings.

3. Gated, fenced, or underground parking facilities, and gated exterior stairwells shall incorporate access control technology (e.g., access card or key).

M. Bicycle Parking

1. Short-term bicycle parking shall be provided in the form of an inverted “U” shape facility, or other design approved by the Community Development Director.

Bicycle parking shall not be separated from building entrances by a road, parking area or structure.

2. If provided, long-term bicycle parking shall be provided on-site in a secure, enclosed structure, or in a secured location within a parking structure.

N. Parking lots in residential zones. Where parking lots for nonresidential uses are allowed in residential zoning districts they shall be developed in compliance with the following requirements in addition to other applicable standards provided in this section. The construction of a new parking facility or alteration/maintenance of an existing parking facility for an existing church use in the RIH zone shall be subject to the requirements set forth in Section 18.70.010 and is not subject to the requirements of this subsection.

1. Conditional use permit required. Approval of a conditional use permit shall be required in order to locate a parking facility intended for nonresidential use within a residential zoning district.

2. Location of parking area. The parking area shall be accessory to, and for use of, one or more contiguous nonresidential uses allowed in a contiguous commercial zoning district. The Commission may grant a waiver for noncontiguous parking areas, but only under all of the following conditions.
a. The parking area would be designed to be compatible with the adjacent uses. b. There are no residential uses between the parking area and the use for which the parking is being provided.
c. The parking area would not fragment the surrounding residential neighborhood. d. The parking area would not be detrimental or injurious to property and improvements in the residential neighborhood.
e. The parking area would be located within a reasonable walking distance of the use to which it is an accessory.

3. Access. Access to parking areas shall be from commercial streets or alleys. An exception may be granted by the Planning Commission if no commercial streets are available for access.

4. Passenger vehicle parking only. Parking areas shall be used solely for the parking of passenger vehicles.

5. Signs. No signs, other than signs designating entrance, exits, and conditions of use shall be maintained in parking areas. Signs shall not exceed four square feet in area and five feet in height. The number and location shall be approved by the Community Development Director before installation.

6. Perimeter wall. The parking area shall have a solid masonry wall six feet in height along all interior property lines adjacent to residential zoning districts and 36 inches in height adjacent to streets and the front setback area of an abutting residential use.

7. Development standards. The parking lot shall be developed in compliance with the development standards of this section.

8. No overnight parking. Overnight parking shall be prohibited and the parking area shall be secured after business hours to prevent any use of the facility.

O. Temporary prefabricated canopies. Temporary prefabricated canopies may be used for covered parking and for temporary events in residential zones subject to the following regulations.

1. Number of canopies. Only one temporary canopy shall be permitted per lot.

2. Size of canopies. The maximum size of a canopy shall be nine feet by 20 feet and ten feet in height.

3. Location of canopies.
a. Canopies shall not be permitted in the front yard area of a residential property.

The front yard area includes all areas located in front of the dwelling unit located nearest to the front yard property line, including the front yard setback. b. Canopies shall not be located within a required side yard setback unless they are placed behind the front building wall of the primary structure. c. Canopies may be placed within the required side or rear yard setback a minimum distance of three feet from the side or rear property lines.

4. Fire rating required.
a. Only canopies with documented fire ratings shall be allowed. Proof of fire rating shall be required. A Fire Marshal's tag shall be required on all canopies stating that the canopy has been treated to prevent the spread of fire. b. If a canopy is not fire rated, a minimum distance of ten feet shall be maintained between the canopy and any structure on the same property or adjacent properties.

5. Secured to the ground. All canopies shall be adequately secured to the ground to prevent movement.

6. Color. Canopies shall be white, light grey, or other light color.

7. Maintenance. Canopies shall be maintained in good condition at all times.

Canopies that are deteriorated, torn, soiled, or are causing a condition that is detrimental to adjacent properties shall be rehabilitated or removed.

8. Temporary event. Canopies may be used for temporary events held by the resident of the subject property for a maximum of two days. Canopies shall be removed immediately following the event.

9. Code compliance. Use of a canopy in a manner other than specified above shall be a violation of the Zoning Code and shall be subject to code enforcement action.

18.50.020 – Landscaping and screening.

The purpose of this section is to provide landscaping and buffering standards 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 and additions and existing properties.

A. Landscaping standards.

1. Landscaped area and design. All open areas within a lot including required setback areas, excluding parking areas and driveways, shall be landscaped with sod, shrubs, or trees.
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.
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. Front yards which are not occupied by driveways or walkways shall be landscaped with sod, shrubs and trees. The side yards of single-family dwelling units shall be improved with concrete, decorative stone or covered with sod. All rear yards shall have a minimum of 50 percent landscape area. e. For non-single-family development projects, landscape plans shall be submitted for review along with the project submittal and prepared by a professional landscape designer. Plant materials shall be sized and spaced to achieve immediate effect and shall not be less than 24-inch box for evergreen trees, one gallon for mass planting and five gallon for shrubs. The Community Development Director may require larger sizes and quantities to achieve specific effect.
f. Crushed rock or gravel shall not be used on more than ten percent of the area requiring landscaping.
g. Where shrubs or low level vegetation is used, vegetative matter at maturity shall cover at least 75 percent of actual planted area and shall incorporate a minimum of two inches of mulch.
h. All landscape species and quantities are subject to the review and approval by the Community Development Director.
i. For non-single-family projects, a mixture of 24-inch, 36-inch, and 48-inch box evergreen trees and five-gallon and 15-gallon size shrubs shall be used.

2. 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.

3. 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.

4. 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 public right-of-way is prohibited. Landscape and irrigation plans subject to the California State Model Water Efficient Landscape Ordinance shall conform to the requirements of such ordinance to achieve water efficient landscaping..

5. Drip irrigation shall be used wherever possible. No overhead irrigation is allowed within 24” of a non-permeable surface.

6. Storm water retention requirements for each specific project area shall be reviewed with the City’s Public Works Department. Additional plant material specifically addressing water retention areas can be gleaned from the Low Impact Development Manual for Southern California prepared by the Southern California Stormwater Monitoring Coalition.

7. Maintenance guarantee. The owner or responsible person of the residential development 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, and 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.

8. Landscaping maintenance. All existing landscaped planters and landscaped areas shall be maintained with a variety of shrubs, groundcover and trees. These areas shall be kept free of weed and debris and replaced immediately when vegetative matter is dead or damaged.

B. Street trees. The following requirements apply to non-single-family projects only:

1. Street trees are required along the project perimeter abutting the public ROW.

2. Street trees shall be planted within the ROW, approximately 3 feet behind the curb or sidewalk.

3. Where a landscaping strip is not feasible, tree wells shall be provided around each street tree.

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

5. Street trees shall be located at least three feet from any meter box; at least five feet from underground utility such as water, storm drain, gas, elective, and telephone; at least eight feet from sanitary sewer lines and driveways; and least ten feet from fire hydrants, utility poles, overhead utility wires, street light luminaries, and aboveground utility structures such as transformer enclosures.

C. Perimeter buffering/screening.

1. Screening requirement. Perimeter buffering for non-single-family developments and non-residential uses in a residential zone, 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.

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 30 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 two years of planting. Where possible, vines shall be grown onto walls and fences to soften their appearance.

18.50.030 – Enclosures.

A. Trash receptacles.

1. 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 lot shall be provided with facilities for the storage and collection of trash.

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

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

4. Trash and recycling receptacles shall not be stored within the front yard setback or the rear or side yard setback which abuts a public street, unless screened from view from public rights-of-way.

B. Collection areas. Except for single-family residences and duplexes, all residential developments shall provide on-site collection areas for trash, waste, garbage, refuse, and recyclables. These areas shall comply with the following standards:

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

2. All outside trash and garbage collection areas shall be enclosed by a six foot enclosure with gates, so that contents are not visible from any public street or adjacent property.

3. Trash enclosures shall be provided for in accordance with the following:
a. 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.
b. Enclosures shall be designed with the same primary wall materials and colors as the nearest building within the development.
i. Enclosures shall be either opaque fencing or walls, and include an opaque gate.
ii. The trash enclosure shall be provided with a lid or cover if the bins are left open, to prevent windblown trash and debris.
iii. Corrugated metal, plastic, and chain link fencing with or without wooden/plastic slats, is prohibited.
iv. Enclosure dimensions shall conform to solid waste provider dimensions.
c. The floor of the trash enclosure shall be a concrete pad which shall extend five feet beyond the opening of the trash enclosure.
d. The gate or door shall be of sufficient width to provide reasonable and necessary access to the storage area for deposit and removal of wastes, waste bins, and other contents.
e. Clear visibility for adjacent drive aisles shall be maintained. f. 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.
g. 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. h. 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.

C. Mailboxes for multi-family projects.

1. Common mailbox enclosures shall be designed using the same materials and colors as the surrounding residential buildings.

2. Mailboxes shall be placed either at an on-site location adjacent to or incorporated into a common area for all residents, or at individual units.

18.50.040 – 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 residential developments, including single-family dwelling units, 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.

A. Maximum heights.

1. 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.

2. A fence, wall or hedge located in the required rear or side yards shall be a maximum six feet in height.

3. The height of a fence, hedge, or wall shall be measured from the existing grade at the location where the fence, hedge, or wall is located. Where there is a difference in the grade between two adjacent lots, the height of a fence, hedge, or wall located along the property line shall be determined by using the existing grade of the lowest contiguous lot.

4. 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.

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

6. 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.

7. 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.

8. For non-single-family projects, fences between any private open space, common areas, or public spaces shall be limited to a maximum of 3 feet in height.

B. Fencing materials.

1. For existing developments, wood, masonry, wrought iron fencing materials, or combination thereof shall be used for fences, walls or gates. Eligible properties may also participate in a white picket fence program as established through program guidelines which may be amended from time to time. Chain link fencing is not permitted in the City.

2. All new residential developments shall be improved with a masonry block wall. The front yard setback may use a combination of wrought iron and masonry as fencing material. 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.

3. No barbed or razor wire shall be used or maintained as part of any fence, wall, gate, or hedge. No sharp points shall project from the top of any fence or wall, including but not limited to wrought iron elements with sharp points, pointed caps on the top of pilasters, and other sharp elements.

4. The use of a chain link fence shall be prohibited in all residential developments.

An existing chain link fence may only be repaired or maintained in an existing residential development.

5. 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.

6. It will be the applicant's responsibility to eliminate double walls at property lines.

Developers will make every effort with neighboring parcels to negotiate a new wall and cover all expenses.

7. 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.

8. All non-transparent perimeter walls and/or fences shall be architecturally treated on both sides.

C. Walls and fences along the street.

1. All swinging gates shall be prohibited from encroaching into the public right-ofway.

2. Fences placed adjacent to a street shall be screened with a 4-foot wide landscape buffer.

3. All exterior perimeter walls located along public streets shall have an offset a minimum of 5 feet deep for every 50 linear feet to 75 linear feet of the wall length.

18.50.050 – Lighting and security.

This section regulates lighting and security standards for multi-family residential developments. However, regulations regarding glare and shielding shall apply to all single-family dwelling units. The intensity and design of all lighting fixtures shall be reviewed and subject to the approval of the Community Development Director.

A. Security lighting. Ample security and safety lighting shall be provided within all portions of the development, including parking lot lighting, bicycle parking areas, structure entries, step lighting, pedestrian pathways, trash enclosures, landscaped areas, common open space areas, and other illumination necessary to assure safety.

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

C. 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.

1. No one fixture or luminaire shall exceed 1,600 lumens, however accent lighting shall not exceed 800 lumens.

2. For outdoor lighting, the maximum correlated color temperature (CCT) for each luminaire shall not exceed 4,000 Kelvin (K). Outdoor lights that exceed 4,000 K, commonly referred to as cool color temperatures, are prohibited.

3. No outdoor lighting shall be permitted where the light source or fixture, if located on a building, is above the eave line. If the light source or fixture is located on a building with no eaves, the light source or fixture shall not be more than 10 feet above existing grade, adjacent to the building or pole.

D. 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 adjacent residential areas.

1. The maximum illumination level at the project site property line shall be no more than a 0.07 foot as measured at grade. Light trespass that results in glare to neighboring properties or public/private streets is prohibited unless the director determines that there is no other alternative to provide such security lighting required by the California Building Code, or approves the use of alarm or motionactivated security lighting. For the purposes of this section, “glare” means stray, unshielded lighting striking the eye that results in discomfort, such as bright light causing squinting of the eyes; and/or disabling glare, such as bright light that reduces the ability to drive or see into shadows.

E. Shields. All light fixtures, including pole-mounted and wall-mounted light fixtures, shall be fully shielded so that the light bulb is invisible from the adjacent neighbors or streets. Light fixtures shall be “cut-off” where lenses, refractors or lamp sources do not extend below the surface of the fixture housing, and no light shall be directed at or above the lowest horizontal plane of the light fixture. Louvered light fixtures shall not qualify as fully shielded fixtures.

18.50.060 – Outdoor storage and display.

This section regulates outdoor storage and the use of yard areas for storage, display, or parking in residential zones.

A. Front and side yards. No portion of any front yard or side yard on the street side of a corner lot shall be used for parking or storage of the following, but not limited to, motor vehicles, trailers, trucks, RVs, airplanes, campers, boats, or parts of these vehicles, trailers, airplanes, or boats.

B. Equipment. All materials, machinery and equipment shall be stored within an enclosed building, except for recreational equipment, lawn furniture, passenger vehicles and pick-up trucks.

C. Recreation vehicles.

1. Motor homes and recreational vehicles are allowed to be parked on a temporary basis on the front driveway, for a period not to exceed 72 hours when they are legally registered to the owner of the subject property.

2. Recreation equipment (travel trailers, pick-up campers, or coaches, motor homes, tent trailers, toy haulers, boats and boat trailers, which are less than seven feet in height above the ground) shall be stored behind the front face of the building in the side yard adjacent to the garage or in the rear yard, except when such yard is adjacent to a street.

3. Exterior storage of such equipment which is more than seven feet in height is prohibited, except when stored in a designated parking space and not encroaching into any required setback area.

4. Recreational vehicles, when parked or stored on properties, shall be kept neat and clean at all times.

5. All covers employed to protect a recreational vehicle from the elements shall be secured. Tarps are not permitted if visible from the public right-of-way.

6. All recreational vehicles shall be parked or stored on an improved surface such as concrete, asphalt, laid brick, or other impervious material.

7. Recreational vehicles parked in the rear yard may be parked on gravel in lieu of an impervious surface.

8. Recreational vehicles shall not be occupied for living purposes or be used as a storage container.

9. Electrical hookups are prohibited except during loading and unloading or for the charging of batteries for no more than 48 consecutive hours per week.

10.Sewer hookups are prohibited at all times.

11.No more than one recreation vehicle shall be parked on any lot or parcel less than 6,000 square feet in size.

12.For parcels 6,000 square feet or larger, a maximum of two recreational vehicles may be parked on the property.

13.No second driveways or driveway approaches shall be created or used for the purposes of parking or storing a recreational vehicle, except where the lot is at least 50 feet wide or except where the second driveway would be on the side of a corner lot where there is no existing driveway or driveway approach.

14.Any second driveway shall have the proper driveway approach requiring a public works permit.

D. Utility and Mechanical equipment. All mechanical equipment, including air conditioning compressors and/or similar machinery, located on roof tops or at the ground level shall be completely screened from view by an enclosure constructed of noncombustible materials. 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.

1. For non-single-family projects, utility and mechanical equipment shall not be located within any required open space area.

2. All vents, gutters and downspouts, louvers, and exposed flashing shall be concealed within the wall or roof construction, or, if exposed, shall be metal painted to the match the color of the building exterior or roof surface. Plastic material is prohibited.

3. 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.

4. For non-single-family projects, each dwelling unit shall have a separate hot water heater or may be provided with a centralized circulation water heater system sufficient to serve all dwelling units on the property. a. The location of the water heater shall be incorporated into the design of each unit. No exterior water heater enclosures shall be permitted. Water heaters must not be visible.
b. Water heaters may be substituted with tankless water heaters. Tankless water heaters shall be listed by an approved testing agency (UL, UPC, etc.) and be installed in accordance with the manufacturer’s requirements.

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

F. Auto parts. Junk, salvage or dismantled auto parts or autos stored for dismantling or inoperative vehicles are not allowed in residential zones.

G. Outdoor display. Outdoor display of for rent or sale vehicles, equipment, garden supply, or building materials are not permitted in residential zones. An exception would be the private sale of a vehicle by the homeowner who owns the vehicle.

Signs are permitted on the vehicle for no more than 30 days.

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

I. Containers. Containers, roll-off bins, and other storage containers are not allowed in residential zones. A temporary use permit shall be obtained from the Community Development Director for construction purposes.

18.50.070 – Height of structures.

A. 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.

B. 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 is safely erected and maintained at such height in view of the surrounding conditions and circumstances.

C. Stepbacks. For buildings taller than twenty five feet (25') and which are located adjacent to a residential zone, the building height must be designed so as to "step back" the building height at least ten feet (10’) for every ten feet (10’) increase in height above twenty five feet (25’).

18.50.080 – Yard encroachments.

A. Encroachments. Required yard areas in residential zones shall be kept open and unobstructed from the ground up, except for permitted projections and encroachments, as provided in the table below, and provided that maximum lot coverage requirements for the underlying zone are not exceeded:

PERMITTED ENCROASHMENT OF PROJECTIONS IN REQUIRED YARDS Structure Front Yard Side Yard Rear Yard
Architectural protrusions such as
cornices, canopies, roof overhangs,
eaves, or other similar architecture
features attached to the building on the
2 feet 2 feet 2 feet
lot and which do not provide additional
floor space within the building
Awnings Awnings Awnings Awnings
Open, unenclosed and uncovered
porches, platforms or landing spaces on
the first floor of the building
6 feet Not
permitted
6 feet
Basement Not
permitted
Not
permitted
Not
permitted
Bay windows 2 feet 1 feet 2 feet
Balconies 3 feet Not
permitted
3 feet
Cellar Not
permitted
Not
permitted
Not
permitted
Chimney (maximum 5 feet in width) Not
permitted
2 feet 2 feet
Decks no higher than 30 inches above
grade
Not
permitted
Not
permitted
6 feet
Driveways Allowed Allowed Allowed
Electrical meters Not
permitted
Allowed Allowed
Fireplace Not
permitted
Not
permitted
Allowed
Gas meters Not
permitted
Allowed Allowed
Water heaters Not
permitted
2 feet 2 feet
Ground mounted air conditioners Not
permitted
Not
permitted
3 feet
Open steps 6 feet 3 feet 3 feet
Patio cover (including columns and roof
overhang)
Not
permitted
Not
permitted
3 feet
Porches (covered) 6 feet 3 feet 3 feet
Porte cochere Subject to site plan review and approval
Roof deck or sun deck Not
permitted
Not
permitted
3 feet
Stairwells and connected platforms or
landings extending above first floor of a
building
6 feet 3 feet 3 feet
Subterranean garage Not
permitted
Allowed Allowed
Trellises Not
permitted
1 foot 3 feet
Window mounted air conditioners Not
permitted
2 feet 3 feet
B. Structures in yard setbacks. Structures within the required yard setbacks are allowed only when they are located within the limits outlined in the table below, and provided that maximum lot coverage requirements are not exceeded. A structure that is permitted on only a portion of the required yard area shall be located within the specified distance listed in the table below, as measured from the setback line farthest from the property lot line.

PEMITTED STRUCTURES IN REQUIRED YARDS
Structure Front Yard Side Yard Rear Yard
Accessory dwelling unit Not
permitted
Not permitted Not permitted
Antennas/monopole (see Section

18.90.010)
Subject to site plan review and approval
Satellite dish (under 24 inches) Not
permitted
3 feet Allowed
Appliance storage Not
permitted
Not permitted Not permitted
Barbecues (permanent structure not
exceeding 6 ft. in height)
Not
permitted
Not permitted Allowed
Canopies (see Subsection

18.50.010.M)
Not
permitted
3 feet 3 feet
Carports Not
permitted
Allowed Allowed
Clotheslines Not
permitted
Not permitted Allowed
Detached accessory structure Not
permitted
Not permitted Allowed
Detached garages Not
permitted
Allowed Allowed
Dog houses Not
permitted
2 feet Allowed
Dollhouses and playhouses * (5 ft. by 5
ft. in size)
Not
permitted
Not permitted Allowed
Fences and walls (see Section

18.50.040, above)
Allowed Allowed Allowed
Flagpoles 6 feet 3 feet Allowed
Fire place (outdoor) - 6 ft. in height and
under
Not
permitted
Not permitted Allowed
Fire place (outdoor) - over 6 ft. in height Not
permitted
Not permitted 5 feet
Fire pit Not
permitted
Not permitted Allowed
Furniture/garden storage Not
permitted
Not permitted Allowed
Game courts (paved and unenclosed) Not
permitted
Not permitted Allowed
Garbage cans Not
permitted
Allowed Allowed
Gardening shed/storage shed Not
permitted
Not permitted Allowed
Gazebos (no more than 8 ft. by 10 ft. in
size)*
Not
permitted
Not permitted 5 feet
Greenhouse Not
permitted
Not permitted Not permitted
Lamp post Allowed Not permitted Allowed
Motor home Not
permitted
Not permitted Not permitted
Playground equipment Not
permitted
Not permitted Allowed
Pool equipment Not
permitted
Not permitted Allowed
Sheds* (no more than 10 ft. by 10 ft. in
size)
Not
permitted
Not permitted Allowed
Signs (permanent) Not
permitted
Not permitted Not permitted
Signs (temporary) Allowed Not permitted Not permitted
Swimming pools, spas, hot tubs, and
cabanas
Not
permitted
Not permitted 5 feet
Swings Not
permitted
Not permitted Allowed
Temporary tents Not
permitted
Not permitted Allowed
Tree houses Not
permitted
Not permitted 3 feet
Utility equipment and enclosures Not
permitted
2 feet and at
least 10 feet
from front
yard setback
3 feet
* Structures larger than the identified sizes are subject to approval of a minor use permit.

18.50.090 – 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.

A. Property owner responsibility.

1. 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.

2. No use or activity shall create any amount of heat, humidity, blowing of vented air, gases, or fumes that can be detected in amounts deemed annoying to an average person at the property line.

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

4. 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.

B. 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:

1. Structures or buildings, both permanent and temporary, or other lot improvements, which are subject to any of the following conditions:
a. Faulty weather protection including, but not limited to, crumbling, cracked, missing, broken, or loose exterior plaster or other siding, roofs, windows, doors, or unpainted or deteriorated surfaces causing unsightliness, dry rot, warping or termite infestation, structures covered with temporary tarps. b. 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.
c. 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.
d. Fences or walls which are in a hazardous condition, or which are in disrepair, or which hinder free access to public sidewalks.
e. Broken windows constituting hazardous conditions.
f. Abandoned or unoccupied buildings which have been left to remain stagnant and deteriorating, causing unsightliness.
g. Structures that have not been repainted in a uniform color throughout as a result of graffiti or maintenance.
h. Structures that have been repainted to a non-earth tone color.

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

3. 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.

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

5. Use of clothes lines visible from the public right-of-way.

6. Storage or scattering over the property of any of the following:
a. Debris, rubbish or trash not stored in trash receptacles. b. Abandoned, discarded, broken, wrecked, inoperable or discarded household furnishings, appliances, vehicles, machines and tools, or similar objects of equipment.
c. Discarded building materials or machinery.
d. Use of sofas, chairs, washers and dryers, or other household furniture left outside.
e. Use of tarps for areas used for storage or other use visible from the public right-of-way.

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

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

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

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

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

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

13.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.

14.Uses not expressly permitted or conditionally permitted by the underlying zoning regulations including garage conversions.

15.Exceeding the allowable number of pets, as regulated under Section 18.90.040.

C. 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 title. 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.

18.50.100 – Residential design standards.

Design standards have been developed to promote high quality development, protect the City from the adverse effects of poor design, encourage originality, creativity, and compatibility within neighborhoods, and to enhance the beauty, livability and prosperity of the community. All residential developments, including additions, within the City 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 standards shall be determined by the Community Development Director.

A. 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, the following buildings, physical improvements, and site developments are not subject to these standards:

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

2. 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.

3. Seismic retrofit projects.

B. General provisions.

1. 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 the site should be in scale and in proportion with surrounding structures and not dominate the site or neighborhood. 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.

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

3. 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.

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

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

6. Archaeological and historical resources shall be preserved and protected to the extent feasible.

7. 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.

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

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

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

11.Address numbers of residential units shall be clearly visible from the frontage street.

12.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.

13.New development shall incorporate clay or concrete roof tile. In addition, all exterior colors painted on the surface of the building, including stucco, shall be an earth tone color including off whites and cream.

14.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.

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

C. Design standards. The following standards shall be utilized for site plan review, as applicable.

1. 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.

2. No continuous building wall is allowed to extend for more than 40 feet without a recess or change in plane.

3. 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.

4. Dwelling unit entries in multi-family developments shall convey a sense of individual identity for each residential unit at the lowest possible habitable level facing a public street or courtyard.

5. Small lot development. Development of new residential units on lots that are 30 feet or less in width shall comply with the following standards in addition to the other design standards in this section.
a. The minimum allowable gross floor area for a dwelling unit shall be 1,500 square feet.
b. In order to provide enhanced visual interest and encourage the modulation of wall planes, there shall be a minimum ten percent difference between the floor areas of the ground floor and the second floor, not including any areas devoted to usable open space (e.g., decks, balconies, landings, patios, and similar areas).
c. Entries to dwelling units should be clearly visible from the street. d. All garage doors shall incorporate windows.

6. Multi-family residential structures shall incorporate architectural design details and elements which provide visual character and interest, avoiding flat planar walls and "box-like" appearances through the use of courtyards, balconies, offset planes and levels, deeply recessed or projecting windows, sloping roofs, and landscaped yards.

7. The architectural treatment of building elevations and modulation of mass shall convey the character of separate living units or clusters of living units, avoiding the appearance of a singular building volume.

8. Outside of mobile home parks, manufactured homes may be located within the other residential zones provided that the manufactured home complies with the development standards for the zone in which it is located and the applicable design standards for single family residential structures.

9. Multi-family developments, with the exception of single-room occupancy only developments, in areas designated for medium and higher densities shall incorporate courtyard units that meet the following requirements:
a. Inclusion of clearly defined courtyard space;
b. Development of all housing units as "through" units. This means that all units shall have an exposure off the courtyard, as well as an exposure on at least one other side;
c. Inclusion and detailing of people-friendly elements, such as balconies, bay windows, stoops, recessed windows, porches, and arcades; d. Design of the courtyard space with a distinctive character created through special landscape elements such as fountains, landscaping, reflective pools, towers, decorative tile, special entry stairs to second level units; e. Exclusion of interior corridors. All units shall be entered directly from the courtyard space, even if two or three units share a common entry stairs from the courtyard; and
f. Design shall be architecturally sensitive to and treated as an integral part of the street façade.

10.Recycled materials or materials recovered from demolished structures shall only be used for new construction or reconstruction if they are an integral part of a sustainable building design, as conceived by a licensed architect or design professional.

11.Accessory structures and additions.
a. Permanent accessory structures, including but not limited to garages, guesthouses, and all additions shall have the same roof design, finish materials and color as those used on the main structure to which the accessory structure is related. Earth tone and soft colors shall be used for all exterior surfaces. Existing structures should be repainted to enhance the overall appearance of the property.
b. Guesthouse and dwelling units constructed above a garage are subject to the same yard requirements as the main dwelling unit.
c. New structures or building additions shall match the existing bulk, color, roof design, architectural treatment, and materials of the main structure on the site.
d. No kitchen, bathroom, or toilet facilities are permitted in accessory structures or buildings.
e. Gardening shed, storage shed and similar uses shall be considered an accessory use and be limited to one per parcel. Such uses are prohibited on the front and side yard setbacks and shall have height limitation of a maximum of ten feet.
f. For multi-family developments, areas for the storage of items and equipment used for maintenance of the property shall be stored in an area that is integrated into the design of the building. The use of freestanding storage sheds shall be avoided.
g. All accessory buildings or structures shall maintain a minimum distance of ten feet between structures.
h. Accessory buildings and structures shall not be located between the primary structure and the front property line or between the primary structure and the street side property line in addition to the requirements of Section 18.50.080 yard encroachments. Detached accessory buildings may be built in rear yards as provided for in this title.
i. Freestanding canopies shall be considered an accessory structure and shall be subject to the provisions of Subsection 18.50.010(M) temporary prefabricated canopies.
j. Accessory structures, excluding garages and carports, shall be limited to two per parcel.
k. Accessory structures including detached garages shall cover no more than 50 percent of the required rear setback area of a residential property. l. Boundary and other walls should be generally of the same decorative masonry or wrought iron and be complementary in color, texture, and material to the development as a whole.
m. All utility lines shall be placed underground including facilities and wires for power, telephone, gas, cable television, etc. All conduit lines shall be incorporated into the building and not permitted on the exterior of any building.
n. 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. o. 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.
p. Fences shall be required around swimming pools, per the Uniform Building Code.
q. Window and door security gates or guards shall only be installed on the interior of the structure.
r. A laundry room may be added to an existing legal non-conforming dwelling unit without an existing laundry room. The size of the laundry room shall be limited when added to a legal non-conforming dwelling unit; the laundry room shall only be big enough to house a washer and dryer not to exceed five feet by seven feet in size. The laundry room shall comply with all zoning regulations.

12.Open space. Each multi-family residential project shall include open space areas, provided and maintained for recreational use as follows:
a. Design common useable open space so that it is easily accessible and of sufficient size to be usable by residents. The minimum area for common useable open space shall be 250 square feet per unit, excluding landscaped setback areas, planter areas, berms, parking areas, loading areas, driveways, storage areas and other areas not accessible to residents. b. Common open space areas shall be located and arranged to allow a clear line of sight into the space from pedestrian walkways on the interior of the site,
c. A minimum of 50% of the common open space area shall be landscaped with live plant material.
d. Common open space areas shall be planted with a minimum of two trees, each of which shall have a minimum container size of a 24-inch box at installation.
e. A minimum of three of the following features shall be incorporated into the common open space areas:
i. Open field, not less than 1,200 square feet with a minimum dimension of 30 feet on both sides;
ii. Fixed or movable seating
iii. Picnic style tables
iv. Children’s play equipment
v. Interactive art, such as a life-size chess game
vi. Outdoor kitchen equipment, such as a barbeque
vii. Active water feature (i.e. pool, spa, splashpad, etc.) f. Landscaping shall be integrated into the architectural scheme so as to accent and enhance appearance of the development.
g. Existing mature trees (over eight inches of trunk diameter) should be considered for preservation in the site planning.
h. Private useable open space shall have a minimum area of 100 square feet per unit and a minimum dimension of six feet and shall be accessible to the dwelling unit it serves.

13.Performance standards.
a. 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.
b. 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.
c. 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.
d. 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. e. 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.
f. 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 Sundays and City-observed holidays. g. Electromagnetic interference. No use, activity, or process shall be conducted which produces electromagnetic interference with radio, television, or telephone reception in neighboring areas.
h. Radiation. All operations using or storing radioactive materials shall comply with the applicable regulations of the County Department of Health. i. Outdoor maintenance activities. Outdoor vehicle or equipment maintenance activities (such as oil change, vehicle fluid replacement, etc.) shall occur only from 7:00 a.m. to 10:00 p.m. Monday to Saturday. Vehicle and equipment repair and engine work are permitted only within a garage.

18.50.110 – Single Room Occupancies
A. Development Standards.

1. The development standards set forth in the foregoing sections of this chapter apply to all single-room occupancy development projects in the City’s residential zones, with the exception of section 18.50.100 (C) (9) and private open space requirements established for each residential zone.

2. All single-room occupancy development projects in the City’s residential must comply with Title 24 § 982.605 (Housing Quality Standards).

B. Application Approval.

1. Any application for a single-room occupancy development project that meets the applicable development standards contained in this chapter and Chapter 18.40 residential zones and whereas at least 20% of the units are affordable to lowincome households shall be approved by the Community Development Director or his/her designee following a ministerial review for compliance, and within sixty (60) days after submission of a complete application.

2. Single-room occupancy projects that do not include at least 20% of the units affordable to low-income households may be referred to Planning Commission and/or City Council at the discretion of the Community Development Director or his/her designee.

C. Submittal Requirements And Application Processing.

1. An application for a single-room occupancy development project that meets the requirements established in this chapter, Chapter 18.40 residential zones, and Chapter 18.55 mixed use zones shall be submitted to the planning and building department concurrently with the submittal of an application for a building permit.

The Director of Community Development shall prescribe the form of application, documents to be submitted and the type of information to be provided by the applicant.

2. The Director of Community Development or his/her designee shall issue a building permit if the application conforms to the applicable standards set forth in this Zoning Code.

Chapter 18.55 – MIXED-USE ZONES

18.55.005 - Purpose of mixed-use zones.

The purpose of mixed-use zones is to designate areas in the City for a complementary mix of residential and commercial uses to provide housing, services, and jobs for residents. These areas are intended to balance the needs of nonresidential uses for access, visibility, parking, loading, safety, and economic development with the needs of residential uses for privacy, security, and relative quiet. The purposes of the individual mixed-use zones and the manner in which they are applied are as follows:

A. Mixed-use 1 (MU-1) zone. The MU-1 zone applies to areas appropriate for commercial and high density attached dwelling units, including apartments. The allowable residential density ranges from 20 to 30 dwelling units per acre. The MU-1 zone is consistent with the mixed-use 1 land use designation of the General Plan.

B. Mixed-use 2 (MU-2) zone. The MU-2 zone applies to areas appropriate for commercial and higher density attached dwelling units, including apartments. The allowable residential density ranges from 30 to 40 dwelling units per acre. The MU-2 zone is consistent with the mixed-use 2 land use designation of the General Plan.

18.55.010 – Standards for mixed-use development.

A. Purpose. The development standards and objective design standards for mixed-use developments set forth in this this chapter are intended to achieve and maintain highquality site planning and building design and development and in a manner that conforms to community priorities. The development standards and objective design standards draw from and complement existing design and development criteria set forth in land policy and design documents adopted by the city, including the general plan. Provisions set forth in Chapter 18.90 supplemental regulations, where applicable, shall also apply to this section. Where standards conflict between Chapter

18.90 and this section, the standards set forth in this section shall take precedence.

B. Residential requirements. Development within the mixed-use zones must include residential uses at a minimum density established for the respective zone.

1. The minimum floor area per dwelling unit for each unit type is as follows:

Minimum floor area per dwelling unit
Single room occupancy 150 square feet
Efficiency apartment 450 square feet
1-Bedroom unit 750 square feet
2+-Bedroom unit 950 square feet
C. Commercial requirements. The maximum Floor Area Ratio (FAR) for commercial uses in mixed-use zones shall be 0.50.

D. Building envelope. The following development standards establish the building envelope requirements in each mixed-use zone.

Building Envelope
MU-1 MU-2
Residential density 20 to 30 du/ac 30 to 40 du/ac
Maximum height* 3 stories or 36 feet,
whichever is less
4 stories or 48 feet,
whichever is less
Ground Floor Commercial Setbacks and Build-to-Lines**
Front Built-to Line Within 5 feet of right-of-way
Side Built-to Line Within 5 feet of right-of-way
Side abutting a
residential zone
10 feet, plus 1 foot for each foot the bldg. exceeds 30 feet in height
Rear None required
Rear abutting a
residential zone
10 feet, plus 1 foot for each foot the bldg. exceeds 30 feet in height
Ground Floor Residential Setbacks
Front 5 feet to accommodate porches and patios
Front setback buffer 4-foot-wide landscaped buffer, which is permitted within the front yard setback between unit entries
Side 5 feet
Side setback buffer 4-foot-wide landscaped buffer, which is permitted within the side yard setback
Side abutting a residential
zone
10 feet, plus 1 foot for each foot the bldg. exceeds 30 feet in height
Rear None required
Rear abutting a residential
zone
10 feet, plus 1 foot for each foot the bldg. exceeds 30 feet in height
* 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.
** Build-to line means a line extending through the lot which is generally parallel to the front property line and marks the location from which the vertical plane of the front building elevation must be erected.

E. Site planning and orientation. The following development standards establish the site planning and orientation requirements for all mixed-use development projects in the mixed-use zones, with the exception of SRO only developments.

1. Street Frontage Elements.
a. At sidewalk level, non-residential buildings shall be primarily transparent (i.e., windows). At least 50% of the area of the non-residential building frontage facing a public right-of-way shall be devoted to pedestrian-oriented features (e.g., storefronts, pedestrian entrances to nonresidential uses; or transparent display windows).
b. At sidewalk level, residential buildings within 10 feet of a public right-of way, shall have unit front entries oriented to face the pubic right-of-way. For units that do not abut a public right-of-way, provide a clearly identifiable pedestrian path of entry to the units from the public right-of-way. c. At sidewalk level, blank walls without windows, doors, or other articulation are strongly discouraged. The maximum length of any blank wall shall be limited to 20 feet.
d. Buildings on corner lots shall be oriented toward the primary intersection and the primary and secondary street frontages, while parking and auto access shall be located away from the primary intersection corners.

2. Entrances.
a. Primary building entrances shall be visible from the adjoining public rightof-way. b. The primary entrances of buildings shall be identified and highlighted through architectural details and signage.
c. All building entrances shall be well-lit. Light fixtures shall be architecturally compatible with the building design.
d. When nonresidential and residential uses are located in a vertical mixeduse structure, separate pedestrian entrances shall be provided for each use.
e. The pedestrian entrance to residential portions of the building shall be accessed through a street level lobby, architecturally integrated entry corridor, from an adjacent alley, or from an internal parking area. f. Street-abutting residential common building entrances and street-abutting individual residential unit entrances shall have transitions from the street consisting of stoops, porches, or other covered front entries with a minimum recess or projection area of 48 square feet.
g. Building and unit entryways shall provide all of the following design elements:
i. Unit number identification;
ii. Lighting shielded downward; and
iii. Landing area of at least four feet by four feet in size. h. Continuity in entry design between units to include at least two of the following elements:
i. Doors to match between all units onsite;
ii. Doors recessed at least three inches from the building façade or doors recessed at least two feet from the building façade to create a covered porch or landing area;
iii. Awning of at least one foot;
iv. Doors with window; or
v. Paving material, pattern, or color that is differentiated from the pedestrian pathway;
i. Long, monotonous balconies and corridors that provide access to multiple units shall be avoided. Access points shall be clustered. j. Street entryway accentuation by a minimum of one of the following:
i. Change in roof pitch or form (e.g., a gable) that extends a minimum of one foot past the sides of the door jamb;
ii. Increase in roof height of at least one foot to accentuate the entry; or
iii. Wood, stone, tile, or brick accents covering a minimum of 30% of the entryway wall surface area, inclusive of windows and doors.

F. Circulation and parking. The following development standards establish the circulation and parking requirements for all mixed-use development projects in the mixed-use zones, including SRO only developments.

1. Vehicular Circulation.
a. Vehicular access shall be provided through the alley when present. For lots without an alley, vehicular access shall be provided from the secondary street.
b. For lots without a secondary street frontage and without alley access, vehicular access may be permitted from the primary street. In this case, reciprocal or shared access between property owners is encouraged to decrease the number of driveways taking access from the primary street frontage.
c. Driveways shall be at least 20 feet wide for two-way traffic and 10 feet wide for one-way traffic and maintain a vertical clearance of at least 10 feet.
d. No more than one driveway for every 100 feet of street frontage shall be provided for each parcel.
e. Parking areas shall be internally connected for vehicular purposes and shall use shared driveways within the development.
f. 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.
g. Fire lanes shall be adequately marked and patrolled to prevent parking and other obstructions.

2. Pedestrian Circulation.
a. All structures, facilities, parking areas, amenities, common areas and open space areas within a development shall be internally connected by pedestrian pathways. Such pathways shall connect the development to the public sidewalk along each street frontage, and to adjoining residential, commercial, and public uses.
b. Pedestrian entrances and walkways shall be clearly identified through enhanced or textured paving and landscaping, and be separated by a physical barrier consisting of either a raised planting strip a minimum of three feet wide or grade separation of at least six inches from vehicle access areas.
c. Enhanced or textured paving or striping shall be included where pedestrian crossing occurs in parking areas.
d. Walkways and paseos shall be illuminated with a minimum of 1 footcandle to ensure safe nighttime conditions. e. Vehicular driveways with access to the public right of way shall have sidewalks and pedestrian connections on both sides of driveway.

3. Required Parking and Loading Spaces.
a. Multi-family residential projects shall provide on-site vehicle parking at the following ratios per unit type:

SRO, Studio, or One Bedroom 1 space
Two Bedroom 1.5 spaces
Three Bedroom or more 2 spaces
Guest Parking 1 space per 3 units
b. Commercial projects shall provide on-site vehicle parking at the following ratios per gross floor area:

Less than 5,000 sf in floor area 1 space per 250 sf of floor area Between 5,000 sf and 20,000 sf
in floor area
20 spaces plus 1 space per 300
sf beyond 5,0000 sf of floor area
More than 20,000 sf in floor area 70 spaces plus 1 space per 350 sf beyond 20,000 sf of floor area
c. Commercial projects shall provide on-site loading spaces at the following ratios per gross floor area:

Under 15,000 sf None
15,0001 to 45,000 sf 1 loading space
45,001 to 75,000 sf 2 loading spaces
75,001 to 105,000 sf 3 loading spaces
Over 105,000 sf 4 loading spaces
d. Handicap accessible parking shall be provided in accordance with the Americans with Disabilities Act. Handicap accessible parking spaces shall be counted when determining the number of parking spaces provided in a development.
e. Parking and loading spaces shall be provided on-site. f. Calculations used to determine required parking and loading spaces shall be rounded up to next whole number.
g. Required parking can be shared between commercial parking requirements and guest residential parking requirements.

4. Parking and Layout Dimensions. Refer to Section 18.70.010(D) for Parking and Layout Dimensions.

5. Permitted parking facilities include parking lots, parking structures, and bicycle parking.
a. Parking Lots
i. Parking spaces shall be separated from buildings by a pedestrian sidewalk (minimum 4 feet) and a landscape strip (minimum 6 feet), measured from curb face, when in the right of way.
ii. Parking lots shall be located at the rear or interior of the block and shall not be located between the sidewalk and the building frontage facing the public right of way.
iii. Access to parking lots shall be located along side streets or alleys. iv. Canopy trees shall be used in parking lots to reduce the impact of large expanses of paving, to provide shade, and to reduce glare and heat build-up. These trees shall have a 30-foot to 40-foot canopy potential and be sized at 24-inch box or larger at the time of installation.
v. One tree shall be provided for every ten parking spaces. vi. Where space is limited due to property line or wall proximity and walkway location, tree planter cut-outs can be used. If parking spaces are covered by shelters, exceptions to tree requirements may be requested.
vii. One landscaped finger island shall be provided per every 10 spaces. Islands shall be a minimum of 5 feet (inside dimension). viii. All end parking stalls shall be adjacent to landscape planters. The landscape planter shall contain a 12-inch strip of concrete inside the 6-inch curb of the planter, to create an 18-inch concrete strip for a person to step on when getting into or out of a vehicle. This stepout area shall not reduce the minimum inside dimension of the 5- foot wide landscape planter.
ix. 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.
b. Parking Structures
i. On-grade parking structure walls facing a public right-of-way and any other parking structure walls greater than 25 feet in length shall include design features consisting of textured surfaces, articulation, and/or landscaping (vines to cover large surface area) covering a minimum of 50% of the wall surface area. The design of all parking structure walls shall include the same materials, colors, and surfaces as other buildings associated with the development.

Articulation includes faux windows, arches, grillwork, building offset, and stone/tile building materials.
ii. Below-grade parking structures shall be screened from the street by landscaping, berming, low walls or fences, or buildings. iii. Gated, fenced, or underground parking facilities, and gated exterior stairwells shall incorporate access control technology (e.g., access card or key).
c. Bicycle Parking
i. Short-term bicycle parking shall be provided in the form of an inverted “U” shape facility. Bicycle parking shall not be separated from building entrances by a road, parking area or structure. ii. If provided, long-term bicycle parking shall be provided on-site in a secure, enclosed structure, or in a secured location within a parking structure.

6. Parking area lighting.
a. Parking areas and access thereto shall be illuminated with a minimum of 1 foot-candle of lighting.
b. The design of parking lot lighting fixtures shall be compatible with the development’s architectural style.
c. Free-standing light standards for pedestrian and parking lot lighting shall be a maximum of 14 feet high, including the pole and light fixture. The light fixture, separate from the light pole, shall not be more than two feet in height.

G. Building design. The following development standards establish the building design requirements for all mixed-use development projects in the mixed-use zones, with the exception of SRO only developments.

1. Roof Design.
a. Interior side of parapets visible from the public right-of-way shall be finished with the same materials and similar level of detail as the front façade.
b. Roof Materials
i. Metal roofing and roofing of a glossy or reflective surface are prohibited, except for photovoltaic panels.

2. Building Form.
a. Building Façades
i. Details, such as trim, shutters, and posts shall be articulated by the use of color and/or texture.
ii. Building façades shall be no longer than 250 feet.
iii. Buildings shall have a change in articulation at least every 20 feet along the façade at sidewalk level, and 40 feet along the façade if not at sidewalk level. Articulation shall consist of one or more of the breaks listed below:
a) Ground floor courtyards within the building footprint with a minimum area of 48 square feet.
b) Notwithstanding the front and side yard setbacks established in Chapter 18.55.010.D, varied residential unit setbacks within the same structure of a minimum four feet.
c) Recessed or projected covered entries with a minimum of 24 square feet.
d) Variations in wall plane (projection or recess) by a minimum of two feet in depth for at least 30 percent of the façade. e) Lower wall wainscots, or built-up or recessed reveals, trims and other projections along different levels of wall surface. f) Bay windows
iv. Buildings of two or more stories and wider than 30 feet shall be designed to differentiate the ground floor and upper floor(s) through at least one of the following techniques:
a) Changes in wall planes that protrude and/or recess with a minimum dimension of four feet for a minimum 60% of the façade length.
b) Balconies with a minimum of two feet in depth for a minimum 25% of the façade length.
c) At least two sizes, textures, patterns or colors of façade material.
v. End units shall include a minimum of 15% fenestration area (e.g. windows) on their side elevations.
b. Stepbacks
i. For buildings taller than twenty five feet (25') and which are located adjacent to a residential zone, the building height must be designed so as to "step back" the building height at least ten feet (10’) for every ten feet (10’) increase in height above twenty five feet (25’). c. Windows, Doors, and Balconies
i. Horizontal window bands over 40 feet in length are prohibited. ii. Windows shall be located to face the street for all units adjacent to the street.
iii. Ground floor windows shall not be opaque or tinted. iv. Bay windows shall project at least 2 feet, but no more than 3 feet from the façade.
v. Security bars are prohibited.
vi. Operable windows shall have screens.
vii. Windows and doors shall either be trimmed or recessed. a) Foam trim is prohibited on the ground floor.
b) When recessed, the building primary siding material shall cover the recessed edge faces and wrap toward the interior face of the window or door glazing by at least three inches in depth.
viii. Exterior entrances at individual residential unit entries and primary entrances to commercial uses shall have weather protection by providing a minimum of one of the following treatments:
a) Porch roofs
b) Overhangs
c) Awnings
d) Trellises
e) Canopies
ix. Knockers or door bells, and safety and security viewers, shall be provided on all residential front entrance doors.
d. Garage Doors
i. Garage doors shall not face a public street, but be oriented toward an alley or private street or driveway internal to the project. ii. Garage doors shall be recessed a minimum of six inches from the surrounding building wall, and shall include a trim of a minimum of one and one-half inches in depth. Garage doors shall also include at least one of the following detail treatments, to be consistent throughout all garage door design in the building:
a) Windows
b) Paneled surface
c) Minimum of 2 colors
d) Minimum of 2 textured surfaces
e. Stairwells
i. Exterior stairwells shall be designed as an integral part of the project’s architecture by incorporating solid wall portions, columns, and/or a decorative balustrade.
ii. Stairwells shall not be oriented to the street, but shall face interior spaces such as plazas, gathering areas, parking areas and pedestrian paths and shall not be separated from these areas by landscaping, fences or walls taller than three feet.
iii. The design shall be of the same materials, color and detail of the building.
iv. Open metal and pre-fabricated stairwells are prohibited. f. Materials
i. A primary material shall constitute a minimum of 60 percent of any building façade, excluding windows and railings.
ii. Buildings with false façades or false fronts, exclusive of parapets used to shield rooftop equipment, are prohibited.
iii. Material transitions along any façade shall only occur on the inside corner of plane change. When material changes need to happen in the same plane, trims, cornices, or other architectural elements shall be used to create a corner for material transition. iv. The following materials are permitted, shall be maintained for exterior façades, and can be used in relation to their designation of primary, secondary, and accent. Materials listed as prohibited or omitted altogether are not permitted.

Exterior Façade Materials
Brick P
Stone (unpainted) P
Stucco and plaster P
Finished wood, wood veneer,
engineered wood, hardie board,
wood siding
P
Fiber-reinforced cement siding
and panels
P
Concrete (poured in place or
precast)
S
Ceramic tile S
Glass (transparent spandrel) S
Glass (block) A
Metal, Corrugated Metal N
Vinyl N
Plastic N
Glass (mirrored, tinted, reflective) N
Gloss tiles N
T-111 Plywood N
Composite, grooved, or
patterned wood panel
N
Exterior Insulation Finishing
System (EIFS)
N
KEY
P: Primary or secondary material
S: Secondary or accent material
A: Accent material only
N: Not allowed/prohibited
Definitions
Primary: A material of the highest
used percentage on the building
(at least 60%)
Secondary: A material used by a
lesser percent than the primary
material (maximum of 40%)
Accent: A material used for wall,
window or roof trim, or on
building elements, including
doors and dormers.

H. Open space and landscaping. The following development standards establish the open space and landscaping requirements for all mixed-use development projects in the mixed-use zones, with the exception of SRO only developments.

1. Private Open Space.
a. Private open space shall be provided for all residential projects consistent with the following requirements:
i. 80 square feet for ground-floor units in the form of a covered or uncovered patio;
ii. 40 square feet for upper-story multifamily units in the form of a terrace, balcony, or rooftop patio; and

2. Common Open Space.
a. Common open space shall be provided for all residential projects consistent with the following requirements:
i. At least 15% of the total gross development area shall be common open space, up to a maximum required area of 20,000 square feet;
ii. Setback areas shall not be used to satisfy common open space requirements; and
iii. Common open space areas shall have a minimum dimension of 40 feet in any direction, measured from building face to building face.
b. Common open space areas shall be located and arranged to allow a clear line of sight into the space from pedestrian walkways on the interior of the site.
c. A minimum of 50% of the common open space area shall be landscaped with live plant material.
d. Common open space areas shall be planted with a minimum of two trees, each of which shall have a minimum container size of a 24-inch box at installation.
e. A minimum of three of the following features shall be incorporated into the common open space areas:
i. Open field, not less than 1,200 square feet with a minimum dimension of 30 feet on both sides
ii. Fixed or movable seating
iii. Picnic style tables
iv. Children’s play equipment
v. Interactive art, such as a life-size chess game
vi. Outdoor kitchen equipment, such as a barbeque
vii. Active water feature (i.e. pool, spa, splashpad, etc.)

3. Landscaping Standards.
a. Landscaping shall be provided in all outdoor areas that are not specifically used for parking, driveways, walkways, patios, or other required amenities.
b. Landscape Design
i. Landscaping materials shall not be located such that at maturity they obstruct pedestrian paths and vehicular access along the public right-of-way, private streets, and private driveways. ii. Landscaping adjacent to pedestrian and vehicular paths shall either be raised planting surfaces or separated by a minimum six-inch concrete curb.
iii. Landscape planting must be designed to contribute to crime prevention. Shrubs that create hiding places shall not be placed in areas of pedestrian movement, such as along walkways and building entrances.
c. Trees, Shrubs, and Ground cover
i. Trees shall be at least 24-inch box size at time of planting. ii. Shrubs shall be a minimum of 15 gallons in size at time of planting. iii. Ground cover shall be used throughout the project site. At least 50% 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. iv. Turf areas shall be placed in areas for recreational use only and must have a 10-foot minimum diameter.
d. No more than 20% of any landscaped area shall contain dry landscaping of decomposed granite, bark, or decorative pebbles, rocks, and boulders. e. Plant Selection
i. At least three different species of shrubs and groundcover shall be used in planter areas.
ii. Landscaped areas shall include at least 25% native plant species selected from those listed by the California Native Plant Society in the Calscape website specific to Hawaiian Gardens.
iii. Low-water use plants shall be used in at least 50% of the total planted area. Plant selection shall reflect water conservation through the use and grouping of plants that are well adapted to the particular site and require similar water needs (same hydrozones), and climatic, geological and topographical conditions.
f. Water Conservation
i. Landscape and irrigation plans subject to the California State Model Water Efficient Landscape Ordinance shall conform to the requirements of such ordinance to achieve water efficient landscaping. ii. Water runoff into the public right-of-way (ROW) is prohibited. iii. When decorative water features, such as pools, ponds, fountains, or waterfalls are used in landscaped areas, such features shall incorporate water recycling, and, as available, use of reclaimed water. iv. Drip irrigation shall be used wherever possible. No overhead irrigation is allowed within 24” of a non-permeable surface.
v. Storm water retention requirements for your specific project area shall be reviewed with the City’s Public Works Department. Additional plant material specifically addressing water retention areas can be gleaned from the Low Impact Development Manual for Southern California prepared by the Southern California Stormwater Monitoring Coalition. g. Street Trees
i. Street trees are required along the project perimeter abutting the public ROW.
ii. Street trees shall be planted within the ROW, approximately 3 feet behind the curb or sidewalk.
iii. Tree wells shall be provided around each street tree. iv. There shall be a minimum of one street tree for every 25 linear feet of street frontage within or adjacent to the development.
v. Street trees shall be located at least three feet from any meter box; at least five feet from underground utility such as water, storm drain, gas, elective, and telephone; at least eight feet from sanitary sewer lines and driveways; and least ten feet from fire hydrants, utility poles, overhead utility wires, street light luminaries, and aboveground utility structures such as transformer enclosures.
h. Pavement
i. Except for parking areas, asphalt is prohibited.
ii. Pedestrian walkway materials shall consist of stamped or scored concrete, interlocking unit pavers, tiles, bricks, or stone, and shall also be used to delineate crossings at circulation drives and parking aisles.
iii. Paved areas shall not exceed 50% of the required front or street side yard setback area.
i. Lighting
i. All pedestrian pathways, vehicle parking areas, bicycle parking areas, structure entries, trash enclosures, landscaped areas, and common open space areas shall be illuminated for safety and security. ii. No outdoor lighting shall be permitted where the light source is directed toward, or results in direct illumination of, a parcel(s) other than that upon which such light source is physically located. Accent lighting of buildings, trees or other landscape features may be permitted, provided the lighting only accentuates those individual features, and not an entire structure or landscaped area. Accent lighting shall be directed onto the building façade or tree, and all lighting fixtures shall be fully shielded and mounted as close as possible to the architectural feature of the building or tree being illuminated. Uplighting and flood lighting is prohibited. iii. No one fixture or luminaire shall exceed 1,600 lumens, however accent lighting shall not exceed 800 lumens.
iv. For outdoor lighting, the maximum correlated color temperature (CCT) for each luminaire shall not exceed 4,000 Kelvin (K). Outdoor lights that exceed 4,000 K, commonly referred to as cool color temperatures, are prohibited.
v. No outdoor lighting shall be permitted where the light source or fixture, if located on a building, is above the eave line. If the light source or fixture is located on a building with no eaves, the light source or fixture shall not be more than 10 feet above existing grade, adjacent to the building or pole.
vi. The maximum illumination level at the project site property line shall be no more than a 0.07 foot as measured at grade. Light trespass that results in glare to neighboring properties or public/private streets is prohibited unless the director determines that there is no other alternative to provide such security lighting required by the California Building Code, or approves the use of alarm or motion-activated security lighting. For the purposes of this section, “glare” means stray, unshielded lighting striking the eye that results in discomfort, such as bright light causing squinting of the eyes; and/or disabling glare, such as bright light that reduces the ability to drive or see into shadows. vii. All light fixtures, including pole-mounted and wall-mounted light fixtures, shall be fully shielded so that the light bulb is invisible from the adjacent neighbors or streets. Light fixtures shall be “cut-off” where lenses, refractors or lamp sources do not extend below the surface of the fixture housing, and no light shall be directed at or above the lowest horizontal plane of the light fixture. Louvered light fixtures shall not qualify as fully shielded fixtures.
viii. Light sources and fixtures provided as part of a sign are regulated under Section 18.90.050 signs and advertisements.

I. Walls, fences, and enclosures. The following development standards establish the wall, fence, and enclosure requirements for all mixed-use development projects in the mixed-use zones, including SRO only developments.

1. Walls and Fences.
a. Maximum heights.
i. Fences between any private open space, common areas, or public spaces shall be limited to a maximum of 3 feet in height. ii. Fences or walls adjacent to side and rear property lines shall be six feet in height.
iii. Fences and walls shall be constructed as low as permitted while still performing screening, noise attenuation, and security functions. b. Design and materials
i. Walls and fences shall be designed with materials and finishes that complement project architecture and be planted with vines, shrubs, and trees.
ii. Masonry, wrought iron fencing materials or combination thereof shall be used for fences, walls, or gates.
iii. All fences and walls required for screening purposes shall be of solid material.
iv. Similar elements, such as columns, materials, and cap details, shall be incorporated on perimeter walls that transition from one development to another.
v. All non-transparent perimeter walls shall incorporate standards to provide for wall inserts and/or decorative columns or pilasters every 20 feet to provide relief.
vi. All non-transparent perimeter walls and/or fences shall be architecturally treated on both sides.
vii. Chain link fencing is not permitted in the City.
c. Walls and fences along the street
i. All swinging gates shall be prohibited from encroaching into the public right-of-way.
ii. Fences placed adjacent to a street shall be screened with a 4-foot wide landscape buffer.
iii. All exterior perimeter walls located along public streets shall have an offset a minimum of 5 feet deep for every 50 linear feet to 75 linear feet of the wall length.

2. Enclosures.
a. Mailboxes

3. Common mailbox enclosures shall be designed using the same materials and colors as the surrounding residential buildings.

4. Mailboxes shall be placed either at an on-site location adjacent to or incorporated into a common area for all residents, or at individual units.
b. Utility and mechanical equipment
i. Utility and mechanical equipment shall not be located within any required open space area.
ii. All vents, gutters and downspouts, louvers, and exposed flashing shall be concealed within the wall or roof construction, or, if exposed, shall be metal painted to the match the color of the building exterior or roof surface. Plastic material is prohibited. iii. 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.
iv. Each dwelling unit shall have a separate hot water heater or may be provided with a centralized circulation water heater system sufficient to serve all dwelling units on the property. a) The location of the water heater shall be incorporated into the design of each unit. No exterior water heater enclosures shall be permitted. Water heaters must not be visible.
b) Water heaters may be substituted with tankless water heaters. Tankless water heaters shall be listed by an
approved testing agency (UL, UPC, etc.) and be installed in accordance with the manufacturer’s requirements.
v. Air conditioning and other mechanical equipment shall not visible from public view.
a) If the mechanical equipment cannot be placed in the back, it shall be either placed on the ground and screened with
landscape, or placed on the roof and screened with
architectural materials such as roof or parapet consistent with the overall architectural style.
vi. Roof-mounted mechanical units shall be fully screened from view from adjacent public rights-of-way, and incorporated into the roof design through increased slope, screening or enclosures. a) Screening and enclosures shall match the materials, colors and style of the building architecture. New roof-mounted or installed air conditioner units are prohibited. Replacement of existing, legal roof-mounted air conditioner units with new units of the same dimensions of the original units are
permitted.
vii. Ground-mounted mechanical, electrical, and utility equipment shall be screened or hidden from view of the public street, and shall be placed a minimum of 10 feet away from any pedestrian pathway and/or vehicle driveway.
a) Screening shall consist of a wall, fence or landscaping hedge, and shall exceed the equipment height by one foot. c. Trash and recycling
i. 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. ii. Trash, green waste, organic waste, and recycling collection areas shall be screened from view by a six-foot-high enclosure with gates. iii. Enclosures shall be designed with the same primary wall materials and colors as the nearest building within the development. v. Enclosures shall be either opaque fencing or walls, and include an opaque gate.
vi. The trash enclosure shall be provided with a lid or cover if the bins are left open, to prevent windblown trash and
debris.
vii. Corrugated metal, plastic, and chain link fencing with or without wooden/plastic slats, is prohibited.
viii. Enclosure dimensions shall conform to solid waste provider dimensions.
iv. Place vines on three sides of trash enclosure to deter graffiti and blend structure into the landscape. Provide vines on two sides of trash enclosure if enclosure is attached to a building. v. Enclosures shall not be located within 50 feet of any adjacent property zoned for or occupied with residential use, and from any pedestrian path or vehicle driveway. Enclosures shall be located no more than 200 feet from the building they are intended to serve. vi. Trash enclosure areas shall not be designed in the path of drainage nor shall roof drainage downspouts discharge into the trash enclosure.
vii. Enclosures shall be buffered from adjacent parking with a minimum five-foot wide landscape planter on all sides except the enclosure access or gate.
viii. Clear visibility for adjacent drive aisles shall be maintained. ix. Access to the enclosure shall conform to solid waste provider requirements. Enclosures shall have both a vehicular access gate with a concrete apron and a pedestrian entrance.

J. Alternative means of compliance. If the proposed project cannot meet any of the forthcoming development standards, the applicant may propose an alternative means of complying with the development standard. The Community Development Director or his/her designee, upon determining that the alternative achieves the intent of the development standard, may approve the alternative means of compliance in satisfaction of the development standard.

18.55.020 – Uses permitted in mixed-use zones.

A. Uses and structures permitted. The table of permitted uses below lists the specific uses and structures which are permitted within the mixed-use zones.

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:

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

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

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

4. H - Permitted as a home occupation only with an approved home occupation permit.

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

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

USES PERMITTED IN MIXED-USE ZONES
Land Use MU-1 MU-2
Residential Uses
Accessory dwelling unit, subject to Chapter

18.90.080
P P

USES PERMITTED IN MIXED-USE ZONES
Land Use MU-1 MU-2
Accessory structures (excluding garages)
under 400 sq. ft.

P P
Accessory structures (excluding garages)
over 400 sq. ft.

X X
Affordable housing P P
Apartment (multi-family rental units) P P
Bed and breakfast inns C C
Boarding house C C
Clustered development C C
Condominium (residential) P P
Convents/monastery C C
Duplex or two-family dwelling X X
Emergency shelters P P
Employee housing P P
Employee quarters (manager, caretaker or
proprietor)
P P
Factory-built housing P P
Guest room P P
Licensed group homes P P
Lodging houses P P
Low barrier navigation centers P P
Manufactured housing P P
Mobile home X X
Mobile home park X X
Planned development C C
Senior housing P P
Single family residential X X
Single room occupancy***** P P
Supportive housing P P
Transitional housing P P

USES PERMITTED IN MIXED-USE ZONES
Land Use MU-1 MU-2
Two-unit projects X X
Youth hostels C C
Institutional Uses
Administrative government services M M
Adult day care C C
Child care center****** M M
Churches, convents, monasteries, other
religious institutions, and other places of
public assembly
C C
Community care facility (6 or fewer)* P P
Community care facility (more than 6) P P
Community centers, lodges, social halls C C
Cultural facilities C C
Educational facilities C C
Emergency shelters P P
Fire station C C
Game courts (basketball, tennis,
racquetball, etc.)
C C
Government buildings M M
Head Start facilities C C
Health services P P
Libraries M M
Museum M M
Nursery school M M
Parks (public) P P
Police station C C
Post office (terminal) P P
Private trade school/training school M M
Public flood control facilities C C
Public maintenance facilities X X

USES PERMITTED IN MIXED-USE ZONES
Land Use MU-1 MU-2
Public safety services C C
Public utilities substation and facilities C C
Recreation, non-profit M M
Residential care for elderly (6 or fewer)* P P
Residential care for elderly (more than 6) P P
Schools (preschool, elementary, junior high
and high)
C C
Social service facilities P P
Office/Professional Uses
Administrative/professional offices P P
Banks P P
Clinics M M
Financial institutions (mortgage, real
estate, tax, bookkeeping, credit, insurance,
brokers, etc.)
P P
General offices P P
Home occupations, subject to § 18.100.070 H H
Medical and dental offices P P
Utility business office P P
Commercial Uses
Acupressure clinic P P
Adult business X X
Agriculture produce stands C C
Ambulance service C C
Animal hospitals C C
Animal raising or breeding X X
Antique stores P P
Appliance stores/shops P P
Athletic clubs, health clubs, fitness centers M M
Auditoriums C C

USES PERMITTED IN MIXED-USE ZONES
Land Use MU-1 MU-2
Auto accessories, without installation/repair P P
Auto accessory installation X X
Auto rental X X
Auto repair and painting X X
Auto sales (new or used) X X
Auto manufacturing X X
Automobile service station X X
Bakeries P P
Bars C C
Barbers P P
Beauty shop P P
Billboards C C
Bingo parlors*** P P
Blueprinting and copying services P P
Book stores P P
Bowling alleys M M
Branch post office (accessory use or
freestanding)
P P
Building contractor X X
Building materials X X
Bulk fuel dealers X X
Business services P P
Buy-back recycling center X X
Car wash X X
Card club or casino *** P P
Carnivals T T
Catering services P P
Charitable use P P
Christmas tree sales T T
Clubs and lodges C C

USES PERMITTED IN MIXED-USE ZONES
Land Use MU-1 MU-2
Cocktail lounges and bars C C
Coffee shops P P
Commercial centers under 50,000 square
feet
P P
Commercial centers over 50,000 square
feet
M M
Communication facilities C C
Composting facility X X
Computer sales and repair P P
Contract station post office P P
Contractor's temporary office T T
Dance studios P P
Dancing halls and discos C C
Delicatessen stores P P
Department stores P P
Dress shops P P
Drive-through restaurant X X
Drug stores P P
Dry cleaners (off-site cleaning) P P
Dry cleaners (on-site cleaning) X X
Eating/drinking establishments P P
Electrical shops P P
Fast-food restaurant, without drive-through P P
Flower shops P P
Food stores P P
Fortune telling C C
Furniture stores P P
Garden supplies/building materials P P
Gasoline stations X X
Gift shop P P

USES PERMITTED IN MIXED-USE ZONES
Land Use MU-1 MU-2
Greenhouse C C
Hardware store, without contractors yard P P
Health center/club P P
Hobby and craft stores P P
Horticulture gardens and arboretums C C
Hospitals C C
Hotels and motels C C
Kennels C C
Karaoke M M
Laboratory X X
Landfill X X
Laundromat P P
Licensed gambling establishment*** C C
Liquor sales and stores C C
Massage parlor C C
Massage parlor (with State license) P P
Miniature golf course C C
Mortuary, mausoleum, columbarium,
crematorium
X X
Motor vehicle services P P
Movie theaters P P
Music stores P P
Music studios C C
Nail salon P P
Night clubs C C
Optometrist/optical store P P
Outdoor dining M M
Outdoor sales M M
Outpatient clinical dialysis P P
Palm reader C C

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

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

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.

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.

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.

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
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
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.

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.

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
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.

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
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
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
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
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
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
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
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
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
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
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.
***** 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;

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.

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
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 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
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
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
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.

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
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
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.
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.

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.
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.

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.

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.

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.

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.

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.

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.
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.

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.

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.
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.

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.

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) 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.

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.

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.

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, 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.

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, 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.

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, 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.
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.
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.

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.

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 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.

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 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.

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);

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;

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;

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.
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.
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.

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.

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
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
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
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.

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.

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.

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.

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 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. 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 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.
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.
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, Government Code Section 65915 et seq., shall be available to applicants on the terms and conditions specified in State law.

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 (ADUs) and junior accessory dwelling units (JADUs) in accordance with Chapter 13 of Division 1 of Title 7 of the California Government Code. Facilitating the development of ADUs and JADUs will increase the housing options for family members, seniors, low-wage workers, persons with disabilities, students, and others in the community.

2. Applicability. Any construction, establishment, alteration, enlargement, or modification of an ADU or JADU approved under this section shall comply with the requirements of this section and the City's Building Code.

3. Effect of conforming. An ADU or JADU that conforms to the standards in this section will not be:
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.
d. Required to correct a nonconforming zoning condition, as defined in subsection B below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

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.

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 unit that meets all of the following requirements: (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, as defined above.

Livable space means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

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.

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 vehicles 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 sections 66333 through 66339.
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.
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 with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all 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.
iii. If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

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 either approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied 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.
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 ADUs and JADUs. 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 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 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.
c. In accordance with Government Code section 66333(a), a JADU may only be created on a lot that is zoned to allow single-family residences.

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.

3. 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.

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

5. No separate conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, 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).

6. JADU Owner occupancy. 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. Notwithstanding the foregoing, this owner-occupancy requirement does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

7. Deed restriction. 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. 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 66341, 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 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 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.

8. Building and safety.
a. Subject to subsection D.8.b below, 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.8.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, front setback, 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 E must conform to a 20 foot front-yard setback, subject to subsection E.1.c above (i.e., no application of the front-yard setback requirement may require the ADU to be less than 800 square feet). b. An ADU that is subject to this subsection E must conform to four-foot side- and 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, covered parking structure, or uncovered parking space 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.
a. The materials and colors of the exterior walls, roof, windows and doors must be the same as 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. No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to 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) clerestory with 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 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.)

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. Generally. 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 2020.
a. Permit to Legalize. As required by state law, the City may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
i. The ADU or JADU violates applicable building standards, or ii. The ADU or JADU does not comply with state ADU law 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 or JADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3.
ii. Subsection G.2.a above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

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
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
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.

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; 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 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:

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.

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;
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.

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.

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:
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.

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 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;
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.

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.

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.

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.

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:
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.
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 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.
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

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 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. 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.

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.

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.

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.

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.

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.

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.

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;

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.

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 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 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. 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.

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:
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 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 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.

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.

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.

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.

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.

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.

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 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.

Hawaiian Gardens City CouncilJanuary 8, 2025

Hawaiian Gardens City Council
January 8, 2025