9-4.203 Zoning district development standards.

     1.      General Standards.

     A.     The following standards are minimum unless stated as maximum by this Code. All setbacks shall be measured from the property line.

Table IV-6

GENERAL STANDARDS

1     Shall not apply to residential developments in mixed use projects or to public uses or public parking structures.

2     Where the rear yard abuts a “R” zoning district and there is no public alley, a minimum rear yard of 15 feet shall be maintained.

3     Where the side yard abuts a “R” zoning district, a minimum side yard of 5 feet, plus 2 feet for each additional story, shall be maintained.

4     Where the street side yard fronts on a “R” zoning district, a minimum side yard of 10 feet, plus 2 feet for each additional story, shall be maintained.

5     Where this is average setback and where there is a minimum average of 3 feet width landscaped area.

     B.     Commercial Zone Standards. The following general standards shall apply to all commercial/office/mixed-use activities except as otherwise provided in this Code:

     (1)    All uses shall be conducted within a completely enclosed structure. Limited outside uses (i.e., patio dining areas, garden sales, and other uses deemed acceptable) may be approved with a Development Permit;

     (2)    There shall be no visible storage, from adjacent public view, of motor vehicles, trailers, airplanes, boats or their composite parts; loose rubbish, garbage, junk or their receptacles; tents; equipment or building materials in any portion of a parcel. No storage shall occur on any vacant parcel. Building materials for use on the same premises may be stored on the parcel only during the time that a valid building permit is in effect for construction;

     (3)    All setbacks, parkways, open areas, and nonwork areas that are visible from a public street or from a parking lot available to the general public shall be landscaped;

     (4)    Every parcel with a structure shall have trash receptacle(s) on the premises in compliance with Section 9-3.103. The Director may require locks and/or roofs on the trash enclosures located in commercial zoning districts;

     (5)    For any ground floor use that is prohibited within the front sixty (60) feet of Pacific Boulevard between Florence Avenue and Randolph Street, public entrances shall be separate entrances located a minimum of seventy (70) feet from Pacific Boulevard, and shall not be through any other enclosed leasable space fronting on Pacific Boulevard;

     (6)    All residential development (i.e., multi-family units, senior citizen housing and single room occupancy facilities) located in commercial zoning districts shall comply with the general, specific and property development standards outlined in Article 1 of this Chapter (Residential Zones);

     (7)    All roof-mounted air conditioning or heating equipment, vents or ducts shall not be visible from ground level from any abutting parcel, or any public street or right-of-way. This shall be accomplished through the extension of the main structure or roof or screened in a manner which is architecturally integrated with the main structure;

     (8)    All elevations of all structures shall be architecturally treated to ensure compatibility with all neighboring structures and the established character of the City in compliance with the design guidelines contained in the General Plan; and

     (9)    Storefront opening widths shall be limited to a maximum of eight (8) feet or fifty (50%) percent of the width of the storefront, whichever is less, in the Huntington Park Downtown Specific Plan (HTSP).

     2.      Land Use District Specific Standards. In addition to the general development requirements contained in Chapter 3, Article 1 (Property Development Standards),

the following standards shall apply to specific commercial land use activities:

     A.     Establishments Serving Alcoholic Beverages. Due to the special impacts which result from the proliferation and over-concentration of businesses which sell alcoholic beverages, including, but not limited to, promotion of deleterious health effects from excessive consumption, litter, loitering, drunk driving, interference with children on the way to and from schools and parks, discouragement of more desirable and beneficial businesses, encouragement of crime and the defacement of buildings, among other potentially blighting influences, the following provisions are to ensure that the occurrence of alcoholic beverage outlets does not adversely impact the public health, safety, comfort, convenience and general welfare of the City.

     The following provisions shall apply to any commercial establishment where alcoholic beverages are to be sold or served, as applicable, and are in addition to the provisions set forth in Chapter 2, Article 11 (Conditional Use Permits).

     (1)    Definitions. For the purposes of this section, unless otherwise apparent from the context, certain words and phrases used in this section are defined as follows:

     “Alcoholic beverage” means alcohol, distilled spirits, liquor, wine, beer and every other liquid or solid containing alcohol, distilled spirits, wine or beer, and which contains 0.5 percent or more of alcohol by volume and which is fit for beverage purposes, either alone or when diluted, mixed or combined with other substances.

     “Banquet/conference hall” means an establishment that is rented primarily for special temporary legal activities/occasions (e.g., business meetings, banquets or entertainment), and where there are areas usable or temporarily convertible for dancing, dining, entertainment, meetings and public audio/visual presentation, and where the on-sale or serving of general alcoholic beverages, including beer or wine, if served at a function, is incidental and accessory to the primary hall functions.

     “Bar/cocktail lounge/tavern” means an establishment used primarily for the on-sale of general alcoholic beverages, including beer or wine, where food and/or entertainment are incidental to the sale of alcohol.

     “Bona fide public eating place” means a place which is regularly and in a bona fide manner used and kept open for the serving of meals on the premises for compensation and which has suitable kitchen facilities connected therewith containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which shall be kept in a sanitary condition with the proper amount of refrigeration for keeping food on the premises and complying with all health laws and regulations.

     “Convenience store” means a store with less than 5,000 square feet of gross floor area primarily engaged in the retail sale of a limited range of household products including, but not limited to, dry goods, canned goods, dairy and other food products, and may include the off-sale of beer or wine.

     “Gas station with mini-mart” means an establishment that sells gasoline for motor vehicles in conjunction with a “convenience store.”

     “Grocery store” means a store primarily engaged in the retail sale of a wide range of household products including, but not limited to, dry goods, canned goods, dairy products, fresh fruits and vegetables, fresh and prepared meats, fish and poultry and where the off-sale of alcohol, including beer or wine, by the establishment must be accessory to and incidental in proportion to the primary use of grocery sales. Grocery store includes a market and supermarket as long as fresh produce and meats are sold.

     “Incidental sale or use” means sale or use that is a minority portion or nonrequired ancillary aspect of a business either based on annual gross sales revenue or other factors (e.g., percentage of floor area devoted, nature, purpose and intention of the primary permitted use).

     “Liquor store” means a store primarily engaged in the off-sale of general alcohol, including beer, wine and distilled spirits, and where other items (e.g., dry goods and food products) may also be sold.

     “Meal” means the usual assortment of foods commonly ordered at various hours of the day; the service of food and victuals, (e.g., sandwiches and/or salads only), shall not be deemed in compliance with this requirement.

     “Nightclub/discotheque” means an establishment used primarily for dancing and entertainment purposes, where there is a 200 square foot minimum dance area and where the on-sale of general alcoholic beverages, including beer or wine, is conducted.

     “Off-sale” means a commercial establishment selling alcoholic beverages, including beer or wine, for consumption off the premises.

     “On-sale” means a commercial establishment serving alcoholic beverages, including beer or wine, for consumption on the premises.

     “Premises” means property, land, buildings, or separate leasable space, or any combination thereof, as determined by the Director.

     (2)    Prohibited Establishments.

     a.      All alcohol sale establishments shall be expressly prohibited in the R-L Low-Density Residential Zone, the R-H Medium-Density Residential Zone, the R-H High-Density Residential Zone and the C-N Commercial-Neighborhood Zone.

     b.      Gas stations with mini-marts shall be expressly prohibited from the general off-sale of alcoholic beverages other than beer or wine.

     (3)    Off-Sale Conditional Use Permits. In addition to those findings set forth in Chapter 2 Article 11 (Conditional Use Permits), the Commission may approve an application for an off-sale Conditional Use Permit only if it finds that applicant has met its burden of proof by clear and convincing evidence that the application complies with all of the following provisions:

     a.      Grocery Store. Bona fide grocery stores may be located in compliance with Table IV-5 (Allowed Land Uses), provided a Conditional Use Permit has been obtained according to the procedures and requirements of Chapter 2, Article 11 (Conditional Use Permits).

     b.      Convenience Store.

     1)     Convenience stores may be located in compliance with Table IV-5 (Allowed Land Uses), provided a Conditional Use Permit has been obtained in compliance with Chapter 2, Article 11 (Conditional Use Permits).

     2)     Convenience stores shall be at least 1,000 feet from any other convenience store, at least 600 feet from any school, park, religious organization or nightclub/discotheque, and at least 100 feet from any property located in the RL, RM, RH, or CN zoning districts as measured from one property line to the other.

     c.      Gas Station with Mini-Mart.

     1)     Gas stations with mini-marts may be located in compliance with Table IV-5 (Allowed Land Uses), provided a Conditional Use Permit has been obtained in compliance with Chapter 2, Article 11 (Conditional Use Permits).

     2)     The premises, including parking lots or parking areas, shall be at least 600 feet from any school, park, religious organization, other gas stations with mini-marts selling alcoholic beverages.

     3)     The expansion of existing gas stations with mini-marts shall be exempt from minimum distance requirements.

     d.      Liquor Store.

     1)     Liquor stores may be located in compliance with Figure IV-5 (Allowed Land Uses), provided a Conditional Use Permit has been obtained in compliance with Chapter 2, Article 11 (Conditional Use Permits).

     2)     The premises, including parking lots or parking areas, shall be at least 600 feet from the property line of any school, park, religious organization, nightclub/discotheque or other liquor store, and at least 100 feet from the nearest point of any property located in the RL, RM, RH, or CN zoning districts.

     3)     The total number of liquor stores allowed within the City at any one time shall be limited to one for each 3,000, or fraction thereof, inhabitants of the City. The total population of the City shall be determined by the most current published total available from the U.S. Census Bureau or the California State Department of Finance, whichever has been more recently updated.

     (4)    On-Sale Conditional Use Permits.

     a.      Banquet/Conference Hall.

     1)     Banquet halls may be located in compliance with Table IV-5 (Allowed Land Uses), provided a Conditional Use Permit has been obtained in compliance with Chapter 2, Article 11 (Conditional Use Permits).

     2)     The premises, including parking lots or parking areas, shall be at least 200 feet from any school, park, religious organization, other banquet halls and the nearest point of any property located in the RL, RM, RH or CN zoning districts.

     b.      Bar/Cocktail Lounge/Tavern.

     1)     Bars/cocktail-lounges/taverns may be located in compliance with Table IV-5 (Allowed Land Uses), provided a Conditional Use Permit has been obtained in compliance with Chapter 2, Article 11 (Conditional Use Permits).

     2)     The premises, including parking lots or parking areas, shall be at least 300 feet from any school, park, religious organization, other bar/cocktail lounge/tavern and the nearest point of any property located in the RL, RM, RH, or CN zoning districts.

     c.      Bona Fide Public Eating Place. Bona fide public eating places may be located in compliance with Table IV-5 (Allowed Land Uses), provided a Conditional Use Permit has been obtained in compliance with Chapter 2, Article 11 (Conditional Use Permits).

     d.      Nightclub/Discotheque.

     1)     Nightclubs/discotheques may be located in compliance with Figure IV-5 (Allowed Land Uses), provided a Conditional Use Permit has been obtained according to the procedures and requirements of Chapter 2, Article 11 (Conditional Use Permits).

     2)     The premises, including parking lots or parking areas, shall be at least 300 feet from any school, park, religious organization, convenience store, liquor store and at least 200 feet from the nearest point of any property located in the RL, RM, RH or CN zoning districts.

     (5)    Huntington Park Downtown Specific Plan (DTSP) Zone Exceptions. Within District A (Gateway) and District B (Festival) of the DTSP zoning district, there shall be no minimum distance requirements, between uses or other zones for the following uses: bona fide eating establishments, nightclubs/discotheques or banquet/conference halls; except as deemed necessary by the Commission in the granting of a Conditional Use Permit or by the Council in the event of an appeal.

     (6)    Standard Control Measures. In addition to those conditions that the Commission or Council may otherwise impose as part of a Conditional Use Permit, all establishments that sell or serve alcoholic beverages shall be subject to the following conditions:

     a.      Establishments shall have notices posted on the premises to warn of deleterious effects of alcohol use or abuse. The notice standards shall be as follows:

     1)     All signs shall state, in both English and Spanish, the following: “NOTICE: ALCOHOL CONSUMPTION MAY BE HARMFUL TO HEALTH”;

     2)     All signs shall be in clear view to any patrons or customers, as follows: signs shall be located within forty (40) feet of any seating area with a minimum of two (2) square feet of sign area, or located within twenty (20) feet of any seating area with a minimum of one square foot of sign area, and located within ten (10) feet of any point of purchase/pickup/service with a minimum of one square foot of sign area;

     3)     Letters shall be a minimum of two (2) inches in height for signs two (2) square feet or larger and a minimum of one inch in height for signs less than two (2) square feet. Colors used shall promote easy visibility. All lettering shall be neatly, clearly and professionally printed and formatted;

     b.      A masonry wall shall be constructed around the parking area of any establishment at a height of not less than five (5) feet nor more than six (6) feet on the lot line abutting any residential zone or residential dwelling. The masonry wall shall be constructed and maintained in a manner to separate, buffer and protect the adjoining property from the establishment.

     c.      The exterior walls of any establishment shall be soundproofed sufficiently so that noise from the establishment shall not annoy or disturb surrounding residents or businesses adjacent to the premises. The Commission is hereby authorized to establish more specific noise standards in the event it determines that precise standards are necessary in the public interest and to avoid the creation of public or private nuisance.

     d.      Interior lighting of any establishment shall be provided so as to produce a minimum uniform intensity of three (3) foot-candle power at a height of thirty-six (36) inches above the floor.

     e.      Public telephones that permit incoming calls shall not be located on the premises of any establishment.

     f.      Electronic games, including video games, shall not be located on the premises of any off-sale establishment, except bona fide grocery stores with a minimum gross floor area of 10,000 square feet.

     g.      Exterior lighting of the parking area shall be installed to provide adequate lighting for patrons while not disturbing surrounding residential or commercial areas.

     h.      Litter and trash receptacles shall be located at convenient locations both inside and outside any establishment, and trash and debris shall be removed on a daily basis.

     i.       All graffiti shall be removed from the premises of any establishment within twenty-four (24) hours of its discovery.

     j.       For Conditional Use Permit applications which are approved for any establishment based in part upon the fact that alcohol sales in the premises are incidental to the sale of other products, the owner or operator of the establishment shall, upon request of the Director, provide satisfactory evidence that the sale of alcohol has remained incidental to the sale of other products. The Director may request evidence at any time, but not more than once in a one-year period.

     k.      Within thirty (30) days of approval of the Conditional Use Permit or upon a transfer of ownership of an existing establishment with an existing valid Conditional Use Permit, the applicant shall certify their acceptance of the conditions placed on the approval by signing a statement that they accept and shall be bound by all of the conditions.

     l.       Violation of, or noncompliance with, any of the conditions imposed in the granting of a Conditional Use Permit shall constitute grounds for revocation of the Conditional Use Permit for any establishment.

     m.    Expansion or enlargement of any establishment involving the sale or serving of alcoholic beverages shall be subject to the Conditional Use Permit approval process as a new application according to the procedures and requirements of Chapter 2, Article 11 (Conditional Use Permits).

     n.      Should any structure associated with alcohol sales or serving establishments be destroyed by any means to an extent of more than fifty (50) percent of its replacement cost immediately prior to destruction, the establishment shall not be reconstructed except in compliance with the provisions of Chapter 3, Article 6 (Nonconforming Structures and Uses).

     o.      Alcoholic beverage stock or sales display areas shall be located within the establishment at the furthest point of travel from the store entrance, unless the display is located behind a staff controlled counter/cash register area.

     p.      Minimum off-sale container and package sale requirements for all establishments shall be as follows:

     1)     The sale of beer, malt liquor, stout, ale or similar alcoholic beverages shall not be permitted in single containers smaller than five (5) gallons except in packages containing six (6) or more individual cans or bottles of at least ten (10) ounces each;

     2)     The sale of wine, wine coolers, mixed spirits or other similar alcoholic beverages shall not be permitted in containers of less than 750 milliliters except in packages specifically designed and manufactured for multiple container sales and which packages shall in no case contain less than four (4) individual bottles or cans of at least ten (10) ounces each;

     3)     The sale of wine or beer which exceeds fourteen (14) percent alcohol content by volume shall be expressly prohibited; and

     4)     The sale of alcoholic beverages containing more than thirty-five (35) percent of alcohol by volume including, but not limited to, gin, vodka, whiskey, and other similar distilled spirits, shall not be permitted in containers of less than sixteen (16) ounces.

     q.      Video recordings shall be made of all alcohol sales transactions occurring at off-sale establishments, except bona fide grocery stores, and retained for not less than thirty (30) days.

     r.       Any temporary window signs or other advertisements that relate to alcoholic beverage sales that are within four (4) feet of the interior of a window or entrance and/or are visible from the exterior shall be in compliance with the following criteria:

     1)     There shall not be more than three (3) poster-type signs and three (3) neon-gas/lighted signs;

     2)     Window coverage/display area shall not exceed twenty-five (25) percent;

     3)     Signs shall not exceed twenty-five (25) percent of the total permitted sign area on the premises; and

     4)     Each individual sign/display shall not exceed six (6) square feet in size.

     s.      The Commission may impose additional conditions upon any establishment as may be reasonable to avoid the creation of a public or private nuisance or the annoying or disturbing of surrounding residents or business in compliance with procedures and requirements of Chapter 2, Article 11 (Conditional Use Permits).

     (7)    Optional Control Measures. In addition to standard control measure requirements or those that the Commission may otherwise impose, all off-sale and on-sale establishments may be subject to any of the conditions included within the standard conditions of the Alcoholic Beverage Control Board.

     (8)    Conditional Use Permit Administration and Nonconforming Abatement.

     a.      Revocation. In addition to the conditions justifying revocation under Chapter 2, Article 11 (Conditional Use Permits), any off-sale or on-sale Conditional Use Permit may be revoked upon violation of any law, upon violation of any conditions of approval, upon the revocation of the alcoholic license by the Department of Alcoholic Beverage Control, or upon two (2) suspensions of the alcoholic license by the Department of Alcoholic Beverage Control in any twelve (12) month period.

     b.      Nonconforming Abatement. In addition to the provisions of Chapter 3 Article 6 (Nonconforming Structures and Uses), all nonconforming off-sale and on-sale establishments shall be required to conform with this Section in compliance with the following:

     1)     Mailed notice shall be given to the owners of all nonconforming establishments within two (2) years of the date of approval of this Section;

     2)     Compliance with all applicable codes shall be completed within two (2) years of the date of the mailed notice; and

     3)     There shall be no revocation or denial of a Conditional Use Permit of any existing legal nonconforming establishment based upon the inability of any legal nonconforming establishment to meet the minimum distance requirements nor due to its location in a zoning district where these uses are not currently allowed.

Table IV-7

ALCOHOL SALES ESTABLISHMENT STANDARDS

     x = Zone where use is allowed.

Notes:

1.    All alcohol sales establishments require a Conditional Use Permit in all allowable zones.

2.    Nightclub/discotheque, and banquet/conference hall facilities shall be exempt from minimum distance requirements in the District A (Gateway) and District B (Festival) of the DTSP.

3.    Expansion of existing gas stations with mini-marts shall be exempt from minimum distance requirements.

     B.     Amusement/Video Arcades.

     (1)    Intent and Purpose.

     The intent of this regulation is to provide a minimum standard of development for amusement centers in commercial areas to insure that the public welfare, morals, and conduct are maintained. Also, this regulation is designed to insure that amusement centers will be functionally related and compatible with adjacent commercial uses and that amusement centers will not be a detriment to noncommercial developments.

     (2)    Definitions.

     In addition to the definitions set forth in Article 1 of this chapter, for the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

     a.      “Aisle” means an area of passage to gain access to any video machine or similar device. Aisles shall be free to pedestrian flow and unobstructed.

     b.      “Mechanical amusement device” means any machine, device or contrivance which is permitted to function by the insertion of a coin, slug, token, plate or disk. “Mechanical amusement device” shall not include or apply to coin-operated billiard tables, vending machines, shooting galleries, weighing machines, pony rides or any children’s coin-operated rides, automatic or coin-operated music boxes, radios, televisions sets, jukeboxes, photograph and motion picture machines or similar device or operation.

     (3)    Requirements for the Operation of Amusement Centers.

     The Commission shall not grant any Conditional Use Permit for an amusement center unless the Commission shall find that:

     a.      The Commission is able to make the findings set forth in Section 9-3.2013 of this Chapter.

     b.      The lot upon which such business is proposed to be located is classified in the CBD or C-G Zone.

     c.      Where machines are located along one side of an aisle, such aisle shall be a minimum sixty-six (66″) inches in width and shall be unobstructed. Where machines are located on both sides of any aisle, the aisle shall be not less than ninety (90″) inches in width and shall be unobstructed.

     d.      No amusement center shall be maintained or operated unless all positions of the interior of such amusement center, except the rest rooms thereof, are plainly visible from the outside of the building through unobstructed windows or glass doors. All windows and glass doors, which provide a view of the interior of the premises, shall remain unobstructed at all times. All entrances and interior areas shall be adequately lighted, and the lighting plan shall be approved by the Building Division prior to the commencement of such business.

     e.      Each amusement center having more than nineteen (19) machines shall provide a minimum of one toilet and lavatory facilities of each sex, which facilities shall be accessible to customers, employees, and business invitees.

     f.      No amusement center shall be open for business except between the hours of 10:00 a.m. and 10:00 p.m. on Sunday through Thursday and between the hours of 10:00 a.m. and 12:00 midnight on Friday and Saturday.

     g.      Amusement centers shall have at least one attendant during the hours of operation. Security guards and attendants shall first be subject to approval by the Police Chief and to a background check as required by the Police Chief. No such security guard or attendant shall be approved unless the Police Chief determines that such proposed security guard or attendant has not been convicted of any offense involving gambling or any offense against minors or against the public peace during the preceding five (5) years.

     h.      The noise control conditions shall be as follows:

     1)     Wall Separations. The amusement center shall be separated from adjacent occupiable areas by a wall assembly extending from the floor to the roof, with a sound transmission class (STC) of at least fifty-six (56) per American Society of Testing and Materials (ASTM) designations E-90 or E-336 and E-413.

     2)     Intrusive Noise. The operation of the amusement center shall be conducted in a manner so that the intrusive sound level in adjacent occupiable areas shall not exceed the following noise standards for the cumulative periods:

Noise Standard Which Shall Not Be Exceeded

     3)     Ambient Sound Levels. If the ambient sound level within the adjacent area exceeds the applicable standards for the cumulative period specified in subsection (2) of this subsection, the applicable standards for that period shall be the ambient sound level.

     4)     Pure or Impulsive Noise. If the source of noise emits a pure or impulsive noise, the noise standards for the applicable period shall be reduced by five (5) decibels.

     5)     Measurement Period and Sound Level Meter. For the purposes of the enforcement of the provisions of this subsection, the sound level meter that satisfies the requirements of American National Standards Institute (ANSI) S1.4-1971 (or the most recent revision thereof), Type S2A meter, shall be any one hour period during the hours of operation of the amusement center.

     i.       Bicycle racks shall not be located in any required landscaped area, entrance, exit, walkway to a building driveway, within any legally required parking space, public way or in such a fashion as to obstruct any entrance to or exit from the premises.

     j.       No person shall enter, be or remain in any part of an amusement center while in the possession of, consuming, using or under the influence of any alcoholic beverage or drug. No licensee, manager or supervisory employee shall permit any such person to enter or remain upon such premises. Smoking and the sale of tobacco products on the premises shall be prohibited. A sign shall be posted inside the amusement center stating in letters at least two (2″) inches high: “NO SMOKING. NO CONSUMPTION OF ALCOHOLIC BEVERAGES.”

     k.      No amusement center may be located closer than 300 feet from a school, church or house of worship except in the CBD Zone, where there shall be no minimum distance requirement.

     l.       No conditional use permit for an amusement center shall be granted for a period longer than two (2) years. No filing fee shall be required for a request for the renewal or continuation of the Conditional Use Permit.

     m.    The Commission, upon a showing a good cause, at the time it grants any Conditional Use Permit for an amusement center may modify or delete any condition otherwise required by this section if the Commission finds that such conditions imposes an undue hardship upon the applicant, and such requirement, as applied to his proposed business location, is unnecessary for the protection of the health, safety or welfare of the public, the patrons of the establishment, or surrounding residences or businesses. The commission may impose any additional conditions upon the granting of any such Conditional Use Permit which the Commission determines are necessary or desirable to effectuate the purposes set forth in this Section.

     n.      After the commencement of business, amusement centers shall be subject to other conditions deemed necessary by the Planning Commission, Community Development Director and/or the Chief of Police.

     C.     Automobile Sales. Automobile sales dealerships, new and/or used, may be permitted in the C-G and MPD zoning districts, shall conform with the intent of this Code, and shall enhance and promote the image of the City. A Development Permit shall be required, and all dealerships shall be developed/operated in the following manner:

     (1)    The minimum site area for a new dealership shall be 15,000 square feet;

     (2)    All parts, accessories, etc., shall be stored within a fully enclosed structure;

     (3)    Service and associated car storage areas shall be completely screened from public view;

     (4)    All on-site lighting shall be energy efficient, stationary, and directed away from adjoining properties and public rights-of-way;

     (5)    All landscaping shall be installed and permanently maintained in compliance with Chapter 3, Article 4 (Landscaping Standards);

     (6)    All on-site signs shall be in compliance with Chapter 3, Article 12 (Sign Standards);

     (7)    All loading and unloading of vehicles shall occur on-site and not in adjoining streets or alleys;

     (8)    All vehicles associated with the business shall be parked or stored on-site and not in adjoining streets or alleys;

     (9)    An adequate on-site queuing area for service customers shall be provided. Required parking spaces may not be counted as queuing spaces;

     (10)  All vehicle service/repair work shall occur within a fully enclosed structure. Service bays with individual access from the exterior of the structure shall not directly face or front on a public right-of-way if located across the street from or within 100 feet of a residential zoning district/use;

     (11)  Off-street parking requirements shall be established during project review to adequately accommodate all on-site uses including showroom, office, parts and service areas, as well as employee and customer parking; and

     (12)  Every parcel with a structure shall have trash receptacle(s) on the premises in compliance with Section 9-3.103.

     D.     Automobile Service Centers/Automobile Repair Specialty Shops. Automobile service and repair centers may only be permitted in the C-G zoning district, are subject to the approval of a Conditional Use Permit, and shall be developed/operated in the following manner:

     (1)    The minimum site area for a new service and/or repair center shall be 15,000 square feet;

     (2)    The site shall be entirely paved, except for structures and landscaping, so that vehicles are not parked in a dirt or otherwise not fully improved area;

     (3)    On-site lighting shall be energy efficient, stationary, and directed away from adjoining properties and public rights-of-way;

     (4)    Landscaping shall be installed and permanently maintained in compliance with Chapter 3, Article 4 (Landscaping Standards);

     (5)    On-site signs shall be in compliance with Chapter 3, Article 12 (Sign Standards);

     (6)    Vehicles stored for more than five (5) consecutive days shall be completely screened with a six (6′) foot-high solid masonry wall so as not to be visible from adjoining properties or public rights-of-way;

     (7)    Service access shall be located at the rear or side of structure(s) and as far as possible from adjoining residential uses;

     (8)    Repair/service activities and vehicle loading and unloading shall occur on-site and not in adjoining streets or alleys;

     (9)    Service bays with individual access from the exterior of the structure shall not directly face or front on a public right-of-way if located across the street from or within 100 feet of a residential zoning district/use;

     (10)  Every parcel with a structure shall have trash receptacle(s) on the premises in compliance with Section 9-3.103;

     (11)  All vehicle service/repair work shall occur within a fully enclosed structure. Outdoor hoists shall be prohibited;

     (12)  All repair facilities shall maintain closed windows when performing body and fender work, hammering, sanding, or other noise-generating activity. Exterior noise shall not exceed sixty-five (65) dBA at the property line in compliance with Chapter 3, Article 5 (Noise Standards);

     (13)  All on-site parking shall be in compliance with Chapter 3, Article 8 (Off-Street Parking Standards). A specific parking plan shall be developed as part of the permit review process;

     (14)  No work shall be performed on vehicles between the hours of 8:00 p.m. and 7:00 a.m. Monday through Saturday, and no work shall be performed on Sundays, if located within 300 feet of a residential zoning district/use, hospital or convalescent facility;

     (15)  The premises shall be kept in a neat, clean and orderly condition at all times;

     (16)  Service/repair centers shall receive used motor oil for subsequent recycling and removal, subject to the approval of the County Fire Department;

     (17)  All discarded automotive parts or equipment or permanently disabled, junked or dismantled vehicles shall be removed from the premises in a timely manner; and

     (18)  All hazardous materials resulting from the repair operation shall be properly stored and removed from the premises in a timely manner. Storage, use and removal of toxic substances, solid waste pollution, and flammable liquids, particularly gasoline, paints, solvents and thinners, shall be in compliance with all applicable local, State and Federal regulations.

     E.     Huntington Park Downtown Specific Plan (DTSP) Zoning District Standards. All development within the District A (Gateway) and District B (Festival) of the DTSP shall comply with the following specific development standards, in addition to those listed elsewhere in this Article and those outlined in Chapter 3, Article 1 (Property Development Standards):

     (1)    General/specialty retail sales activities are the only allowable uses permitted on the first/ground level. Specific characteristics of general/specialty retail uses may include, but are not limited to, the following:

     a.      The use is “unique”;

     b.      The use utilizes window display(s);

     c.      The use is desired/needed by other businesses in the immediate neighborhood;

     d.      The use is a convenience to shoppers;

     e.      The use generates sales tax;

     f.      The use generates pedestrian activity;

     g.      The use has visual elements or activities that serve as an anchor to draw pedestrians to it or beyond;

     h.      The hours of operation are similar to those of neighboring retail uses; and

     i.       The use maintains the continuity of the commercial retail district.

     (2)    General retail sales and professional office activities as well as multi-family residential development are permitted on all floors other than the ground level. Each of these uses may be situated as a single use or they may be combined into an appropriately designed mixed-use development;

     (3)    Senior citizen housing (at a maximum density of 225 units per acre), single room occupancy permits and multi-family residential development (i.e., apartments and condominiums at a maximum density of seventy (70) units per acre) are allowable uses provided they are located above the first/ground level;

     (4)    Only new merchandise may be offered for sale within District A (Gateway) and District B (Festival) of the DTSP;

     (5)    No parking facilities are permitted to be located along properties fronting Pacific Boulevard from the north side of Florence Avenue to the south side of Randolph Street;

     (6)    All required parking shall be in compliance with Chapter 3, Article 8 (Off-Street Parking Standards). All residential developments within the DTSP shall be provided with private, secured parking;

     (7)    All on-site signs shall be in compliance with the sign standards within the DTSP; and

     (8)    Every parcel with a structure shall have trash receptacle(s) on the premises in compliance with Section 9-3.103.

     F.      Convenience Stores. The retail sales of groceries, staples, sundry items and/or alcoholic beverages within structures of less than 5,000 square feet of gross floor area are subject to the approval of a Development Permit and shall be developed/operated in the following manner:

     (1)    The minimum site area for a new convenience store shall be 10,000 square feet;

     (2)    The site shall have direct frontage along a major or secondary street;

     (3)    One access drive may be permitted for each street frontage. The design and location of the access drive(s) shall be subject to the approval of the Director;

     (4)    No convenience store shall be located less than 1,000 feet from an existing or previously approved convenience store, as measured from one property line to another;

     (5)    All on-site lighting shall be energy efficient, stationary, and directed away from adjoining properties and public rights-of-way;

     (6)    All landscaping shall be installed and permanently maintained in compliance with Chapter 3, Article 8 (Landscaping Standards);

     (7)    All on-site signs shall be in compliance with Chapter 3 Article 12 (Sign Standards);

     (8)    All on-site parking shall be in compliance with Chapter 3, Article 8 (Off-Street Parking Standards). A specific parking plan shall be developed as part of the permit review process;

     (9)    The premises shall be kept in a neat, clean and orderly condition at all times;

     (10)  Every parcel with a structure shall have trash receptacle(s) on the premises in compliance with Section 9-3.103;

     (11)  If on-site dispensing of automotive fuels is provided, the design, location, and operation of these facilities shall be consistent with the provisions of subsection 9-4.203.N (Service Station Standards). Additionally, the cashier location shall provide direct visual access to the pump islands and the vehicles parked adjacent to the islands;

     (12)  Each convenience store shall provide a minimum of one public, disabled-accessible restroom located within the store;

     (13)  Public pay telephones provided on-site shall not be set up for incoming calls. Public telephones shall be featured with “call out” service only;

     (14)  Up to four (4) video games may be installed and operated on the premises;

     (15)  The design of the convenience store and its construction materials shall be in compliance with the design guidelines contained in the General Plan; and

     (16)  A convenience store adjacent to any residential zoning district/use shall have a six (6) foot-high decorative masonry wall along all property lines adjacent to the district(s). The design of the wall and its construction materials shall be subject to the approval of the Director.

     G.     Drive-Thru Establishments. New drive-thru establishments are subject to the approval of a Conditional Use Permit, and shall be developed/operated in the following manner:

     (1)    Pedestrian walkways should not intersect the drive-thru drive aisles, but where they do, they shall have clear visibility, and they shall be emphasized by enriched paving or striping;

     (2)    Drive-thru aisles shall have a minimum ten (10) foot interior radius at curves and a minimum twelve (12) foot width. Also, each entrance to an aisle and the direction of flow shall be clearly designated by signs/pavement marking(s) or raised curbs;

     (3)    No driveway or drive-thru entrance/exit may be located closer than fifty (50) feet to the end of a curb corner/return or closer than twenty (20) feet to a common property line;

     (4)    Each drive-thru aisle shall provide sufficient stacking/queuing area behind the ATM(s), menu board(s), service window, etc. to accommodate a minimum of six (6) vehicles or 120 feet, whichever is greater, and shall also provide stacking/queuing area behind the order speaker to accommodate a minimum of one vehicle or twenty (20) feet, whichever is greater;

     (5)    Access to drive-thru aisle(s) shall be separated by at least twenty-five (25) feet from any other driveways (i.e., access driveways to parking lots, alleys, etc.);

     (6)    The provision of drive-thru service facilities shall not justify a reduction in the number of required off-street parking spaces;

     (7)    Drive-thru aisles shall be constructed with (PCC) concrete, or other approved decorative material;

     (8)    All service areas, rest rooms and ground-mounted and roof-mounted mechanical equipment shall be screened from public view;

     (9)    Landscaping shall screen drive-thru or drive-in aisles from any public rights-of-way or residential zoning district or use, and shall be used to minimize the visual impact of menu boards and/or directional signs;

     (10)  Menu boards shall not exceed twenty-four (24) square feet in area, with a maximum height of six (6) feet, and shall face away from public rights-of-way. Outdoor speakers shall be located at least fifty (50) feet from any residential zoning district/use; this distance may be reduced if the Director of Community Development determines that sufficient noise and light impact mitigation measures are employed;

     (11)  Pick-up windows, order areas, drive-thru aisles, and any outdoor seating areas shall be oriented so as to minimize potential noise impacts to adjacent residential zoning districts/uses;

     (12)  Drive-thru facilities within an integrated shopping center shall have an architectural style consistent with the theme established in the center. The architecture of any drive-thru facility shall provide compatibility with surrounding uses in terms of form, materials, color, scale, etc. Structure plans shall have variation in depth and angle to create variety and interest in its basic form and silhouette. Articulation of structure surface shall be encouraged through the use of openings and recesses that create texture and shadow patterns. Structure entrances shall be well articulated and project a formal entrance through variation of architectural plane, pavement surface treatment, and landscape plaza(s);

     (13)  The premises shall be kept in a neat, clean and orderly condition at all times;

     (14)  Every parcel with a structure shall have trash receptacle(s) on the premises in compliance with Section 9-3.103;

     (15)  A six (6) foot-high solid decorative masonry wall shall be constructed on each property line that is adjacent to a residential zoning district/use. The design of the wall and the proposed construction materials shall be subject to the approval of the Director. The Commission may require walls that are greater than six (6) feet in height and/or designed for improved sound buffering;

     (16)  Prior to initiating business operations, the volume (noise level) of the order speaker(s) shall be certified by an acoustical engineer not to exceed sixty (60) decibels at the property lines when abutting a residentially zoned property; and

     (17)  Drive-thru establishments must be operated in compliance with Chapter 3, Article 5 (Noise Standards).

     H.     Strip Centers. Strip Centers (small scale, up to 15,000 square feet, multi-tenant shopping centers) are subject to the approval of a Development Permit and shall be developed/operated in the following manner:

     (1)    All development and operational standards outlined in Section 9-4.203(F) (Convenience Stores), (except for item numbers 4 and 13) shall apply to mini-malls;

     (2)    The development shall provide internal continuity, uniformity, and compatibility relating to architectural design, vehicular and pedestrian access, and on-site provisions for landscaping, loading, parking, and signs;

     (3)    To the extent feasible, the on-site vehicular circulation system shall provide continuity with adjacent and similar commercial developments;

     (4)    No outdoor displays or sale of merchandise shall be permitted. However, limited outdoor sales may be allowed subject to the approval of a Special Event Permit in compliance with Chapter 2, Article 5; and

     (5)    Every parcel with a structure shall have trash receptacle(s) on the premises in compliance with Section 9-3.103.

     I.      Mixed Use Projects. The development of mixed use projects can present unique design issues not encountered in more conventional single use (i.e., all commercial) projects. The primary design issue related to mixed use projects is the need to successfully balance the requirements of residential uses (i.e., the need for privacy, security, amenities, natural lighting, etc.) with the needs of commercial uses for access visibility, parking, loading and possibly extended hours of operation.

     Mixed use projects may be eligible for increased height or density (FAR) under the provisions of Chapter 3, Article 2 (Bonus Development).

     Mixed use projects are subject to approval of a Conditional Use Permit and shall be developed/operated in the following manner:

     (1)    Mixed use projects that provide commercial space on the ground floor with residential units above (vertical mix) are encouraged;

     (2)    The maximum number of dwelling units shall be based on the following densities:

     a.      Senior citizen housing: 225 units per gross acre; and

     b.      Multi-family, condominiums and single room occupancy projects: seventy (70) units per gross acre;

     (3)    Access to residential units shall be from a central lobby which may be located on the first/ground level or one story above. Lobby access shall be restricted to residents only;

     (4)    All roof-mounted equipment shall be screened in compliance with the requirements of Section 9-3.103, Subsection 17 (Screening). Special consideration shall be given to the location and screening of noise generating equipment (i.e., refrigeration units, air conditioning and exhaust fans). Noise reducing screens and insulation may be required if any equipment has the potential to create a negative impact on residential uses;

     (5)    Separate access drives and parking facilities shall be provided for residential uses and commercial uses except that residential visitor parking and commercial parking may be shared subject to the approval of the Director;

     (6)    Resident parking areas shall be provided with security gates;

     (7)    Commercial loading areas and trash/recyclable material storage facilities shall be located as far as possible from residential units and should be completely screened from view from the residential portion of the project; and

     (8)    Lighting for the commercial uses shall be appropriately shielded so as not to spill over into the residential area or impact the residential units in any way.

     J.      Multi-Tenant Merchandise Mart. Multiple tenant merchandise marts are subject to the approval of a Conditional Use Permit in the C-G and MPD zoning districts and shall be constructed and operated in the following manner:

     (1)    The minimum floor area of a building utilized for a multiple tenant merchandise mart shall be 10,000 square feet;

     (2)    The minimum average size of a tenant stall shall be 200 square feet. A maximum of the lesser of either twenty-five (25) stalls or ten (10%) percent of the total stall spaces may be allowed to have a floor area of not less than 100 square feet. The minimum dimension of any stall shall not be less than ten (10) feet measured along any side;

     (3)    The lot upon which the mart is to be located shall have frontage on at least one of the following major arterials/streets/highways: Slauson Avenue, Florence Avenue, Santa Fe Avenue, Soto Street (north of Slauson Avenue), Alameda Street, Wilmington Avenue or Gage Avenue (west of Alameda Street);

     (4)    Tenant spaces shall be maintained as designated on a floor plan, approved as part of the Conditional Use Permit, which specifically identifies the dimensions and locations of all walls, partitions, counters, cabinets, aisles and other physical features of the mart’s interior;

     (5)    All permanent stall spaces shall have permanently oriented fixtures and furniture, similar to those found in large fashion malls. There shall be no folding tables or residential lawn furniture used in any stall space operation;

     (6)    Each tenant space shall be partitioned on at least three (3) sides (at least two (2) sides for corner stalls) using wood or metal stud walls, taped drywall, textured and painted. The Commission may approve other materials if the applicant can demonstrate that they are of equal durability and permanence and will present a quality appearance;

     (7)    Partition walls shall be a minimum of six (6) feet in height and secured permanently to the floor;

     (8)    Roll-up metal security grilles of anodized aluminum shall be provided for each tenant stall. The same security grille system shall be used throughout the mart. Scissor-type security gates shall not be allowed;

     (9)    Each tenant space shall be provided with at least two (2) electrical outlets;

     (10)  Aisles providing access to tenant stalls and other public areas shall be a minimum of eight (8) feet wide or as required by the Planning and/or Building Department. Aisles shall provide for continuous circulation with no dead-ends and shall be laid out in a straightforward manner so as not to be confusing;

     (11)  A minimum of two (2) public, handicapped accessible restrooms (one for males, one for females) shall be provided;

     (12)  City business licenses and State Board of Equalization seller permits shall be obtained by each tenant operating a stall space;

     (13)  No loudspeaker or other sound equipment shall be used on the premises that can be heard from any areas outside the building;

     (14)  No merchandise or obstruction shall be located outside permanent stall spaces or outside the building;

     (15)  The floor areas of all tenant spaces, except for food spaces, shall be covered with a single color and type of high-grade tile or carpeting, or other durable floor covering, subject to approval by the Director;

     (16)  Trash enclosure(s) shall be provided. The receptacle(s) shall be screened from view on at least three (3) sides by a solid wall 6 feet in height and on the fourth side by a solid metal gate not less than five (5) feet in height. The gate shall be maintained in good working order and shall remain closed except when in use. Appropriate size commercial trash bins shall be used and shall be kept within the enclosure except during trash pick-up. The design of the wall and gate shall be architecturally compatible with the surrounding structures and subject to the approval of the Director;

     (17)  No adult business, as defined by Section 9-1.203, shall be permitted;

     (18)  All sales shall be retail (no wholesale) and conducted only within permanent stall spaces located within the building;

     (19)  Additional conditions or minor modifications to the conditions herein may be imposed by the Commission as necessary in order to implement the general intent of this section; and

     (20)  Security personnel shall be provided during the hours of operation.

     K.     Multiple Tenants Within a Single Retail Establishment.

     (1)    A multiple tenant retail establishment. Multiple tenant retail establishments with a maximum of three (3) businesses within one tenant space or suite shall comply with the following standards:

     a.      There shall not be more than three (3) business licenses issued within one retail tenant space or suite, based upon one additional license for every 1,500 square feet of retailing floor area.

     b.      A tenant space with up to 1,500 square feet of retail space shall be allowed one business license.

     c.      A tenant space between 1,501 square feet and 3,000 square feet of retail space shall be allowed a maximum of two business licenses.

     d.      A tenant space with greater than 3,000 square feet of retail space shall be allowed a maximum of three business licenses.

     e.      Non-retail areas (e.g., storage, restrooms, offices, etc.) shall not be counted in the ratio.

     f.      Any secondary tenant shall offer complimentary or compatible products as determined by the Director of Community Development and the decision shall be appealable to the Planning Commission.

     g.      Each tenant shall provide clear access from an entrance adjacent to a public right-of-way.

     h.      Each tenant must occupy a minimum of 400 square feet of floor space. Non-retail areas (e.g., storage, restrooms, offices, etc.) shall not be counted as part of the 400 square feet.

     i.       All signage requirements as prescribed in the Zoning Code Chapter 3, Article 12 (Sign Standards) shall apply regardless of the number of tenant businesses at any location.

     j.       A Development Permit shall be approved by the Community Development Department prior to zoning use approval and license issuance.

     (2)    A multiple tenant office establishment. A multiple tenant office establishment with a maximum of three (3) businesses within one tenant space or suite shall comply with the following standards:

     a.      There shall not be more than three (3) business licenses issued within one office tenant space or suite, based upon one additional license for every 400 square feet of office floor area.

     b.      A tenant space with up to 400 square feet of office space shall be allowed one business license.

     c.      A tenant space between 401 square feet and 800 square feet of office space shall be allowed a maximum of two (2) business licenses.

     d.      A tenant space with greater than 800 square feet of retail space shall be allowed a maximum of three (3) business licenses.

     e.      Common areas (e.g., storage, restrooms, lobby, etc.) shall not be counted in the ratio.

     f.      Any secondary tenant shall offer complimentary or compatible products or services as determined by the Director of Community Development and the decision shall be appealable to the Planning Commission.

     g.      Each tenant shall provide clear access from an entrance adjacent to a public right-of-way.

     h.      Each tenant must occupy a minimum of 200 square feet of floor space. Common areas (e.g., storage, restrooms, lobby, etc.) shall not be counted as part of the 200 square feet.

     i.       All signage requirements as prescribed in the Zoning Code Chapter 3, Article 12 (Sign Standards) shall apply regardless of the number of tenant businesses at any location.

     j.       A Development Permit shall be approved by the Community Development Department prior to zoning use approval and license issuance.

     L.     Recycling Facilities. Development standards governing recycling facilities are outlined in Chapter 3, Article 10.

     M.    Senior Citizen Housing Standards. Development standards governing senior citizen/congregate care housing facilities are outlined in Chapter 3, Article 11.

     N.     Service Station Standards. Service stations are subject to the approval of a Conditional Use Permit and shall be located/developed/operated in the following manner:

     (1)    New service stations shall be permitted only at the intersections of major and secondary arterials. A maximum of two (2) service stations shall be permitted at each intersection. The use shall not adjoin a residential zoning district/use;

     (2)    The minimum site area for new service stations shall be 15,000 square feet, with a minimum street frontage of 100 feet;

     (3)    All activities and operations shall be conducted entirely within an enclosed structure, except as follows:

     a.      The dispensing of petroleum products, water and air from pump islands;

     b.      The provision of emergency service of a minor nature; and

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

     (4)    Pump islands shall be located a minimum of twenty (20) feet from a street property line, however, a canopy or roof structure over a pump island may encroach up to ten (10) feet within this distance. Additionally, the cashier location shall provide direct visual access to the pump islands and the vehicles parked adjacent to the islands;

     (5)    There shall not be more than two (2) vehicular access points to any one street;

     (6)    There shall be a minimum distance of thirty (30) feet between curb cuts along a street frontage;

     (7)    No driveway may be located closer than fifty (50) feet to the end of a curb corner/return nor closer than twenty (20) feet to a common property line;

     (8)    The width of a driveway may not exceed thirty (30) feet, measured at the sidewalk;

     (9)    Outside storage of motor vehicles is prohibited within public view and/or within on-site parking areas;

     (10)  No vehicles may be parked on sidewalks, parkways, driveways or alleys;

     (11)  No vehicle may be parked on the premises for the purpose of offering same for sale;

     (12)  All light sources, including canopy, perimeter and flood shall be energy efficient, stationary and shielded or recessed within the roof canopy so that the service station shall be indirectly visible and all light is directed away from adjacent properties and public rights-of-way. Lighting shall not be of a high intensity as to cause a traffic hazard or adversely affect adjoining properties. No luminaire shall be higher than fifteen (15) feet above finished grade;

     (13)  Landscaping shall comprise a minimum of ten (10) percent of the service station site area, exclusive of required setbacks, and shall be provided and permanently maintained in compliance with the following regulations, as well as those outlined in Chapter 3, Article 4 (Landscaping Standards):

     a.      A minimum five (5) foot wide (inside dimension) and six (6) inch high curbed planter area shall be provided along interior property lines, except for openings to facilitate vehicular circulation to adjacent properties. Where adjacent to a periphery wall, twenty-four (24) inch box trees planted not more than sixteen (16) feet apart shall be included in the planter areas;

     b.      An on-site planter area of not less than 200 square feet shall be provided at the corner of two (2) intersecting streets. Landscaping shall not exceed a height of thirty-six (36) inches at this location, with the exception of trees provided that sight visibility is unobstructed;

     c.      A minimum of fifty (50) square feet of planter area shall be located along each portion of the main structure fronting on a public right-of-way; and

     d.      Additional landscaping may be required by the Review Authority to provide screening for adjacent properties;

     (14)  All on-site signs shall be in compliance with Chapter 3, Article 12 (Sign Standards);

     (15)  Service bays with individual access from the exterior of the structure shall not directly face or front on a

public right-of-way if located across the street from or within 100 feet of a residential zoning district/use;

     (16)  No used or discarded automotive parts or equipment, or disabled, junked, or wrecked vehicles may be located in any open area outside the main structure;

     (17)  The premises shall be kept in a neat, clean, and orderly condition at all times;

     (18)  Every parcel with a structure shall have trash receptacle(s) on the premises in compliance with Section 9-3.103;

     (19)  Where an existing service station adjoins property in a residential zoning district/use, a six (6) foot-high decorative masonry wall shall be constructed at the time the station requires a permit for the on-site improvement/modification. Materials, textures, colors and design of the wall shall be compatible with on-site development and adjoining properties and shall be subject to the approval of the Director. When the wall reaches the established front-yard setback line of a residentially zoned parcel abutting or directly across an alley from the service station, it shall decrease to a height of thirty (30) inches. Height exceptions shall only be approved by the Director for special or unusual security reasons and the additional height shall be of a decorative, “see-through” type, as approved by the Director;

     (20)  Restroom entrances otherwise viewable from adjacent properties or public rights-of-way shall be concealed from view by planters or decorative screening;

     (21)  Noise from bells or loudspeakers shall not exceed sixty-five (65) dBA at the property line at any time and/or shall not be audible from a residentially zoned/occupied parcel between the hours of 8:00 p.m. and 8:00 a.m. on weekdays and Saturdays, and before 10:00 a.m. and after 7:00 p.m. on Sundays, in compliance with Chapter 3, Article 5 (Noise Standards);

     (22)  All parking, loading, circulation aisles and pump island areas shall be constructed with (PCC) concrete; and

     (23)  Service stations shall receive used motor oil for subsequent recycling and removal, subject to the approval of the County Fire Department.

     O.     Service Station Conversions. A structure originally constructed as a service station and which is proposed for conversion to another allowable use shall require approval of a Development Permit, and shall include upgrading and remodeling which may include, but is not limited to, the removal of all gasoline appurtenances (i.e., canopies, overhead doors, pump islands, underground tanks, etc.), additional landscaping standards as required by Chapter 3, Article 4 (Landscaping Standards), additional street improvements or modification of existing improvements to conform to access regulations and exterior remodeling.

     P.      Single Room Occupancy (SROs). Development standards governing single room occupancy (SROs) facilities are outlined in Chapter 3, Article 13.

     Q.     Tattoo Parlors. Tattoo parlors, including body piercing establishments, are allowed subject to the approval of a Conditional Use Permit and subject to the following standards:

     (1)    Patrons shall be a minimum of eighteen (18) years of age.

     (2)    Business operating hours shall be limited to between 9:00 a.m. and 12:00 midnight.

     (3)    The consumption or possession of alcoholic beverages on the premises is prohibited.

     (4)    Restrooms shall be provided within the business location for customer use.

     (5)    A customer waiting area shall be provided separate from other areas of the facility.

     (6)    Signs shall be limited to the name of the business only and no signs or displays depicting services or products offered shall be displayed within three (3) feet of any window.

     (7)    Operators shall comply with all State and local health regulations pertaining to the operation of tattoo parlors.

     R.     Vending Machines. Unattended/automatic vending machines are allowed subject to the approval of a Minor Conditional Use Permit subject to the following standards:

     (1)    Vending machines are allowed as an accessory use to any primary use except single-family residential.

     (2)    The preferred location for vending machines is within an enclosed building. If located on the exterior of a building, vending machines shall be located adjacent to the main building and in locations that do not block windows or doors, restrict vehicle or pedestrian movement, restrict existing parking or loading spaces or restrict lines of sight.

     (3)    Vending machines may be internally or externally illuminated. For security purposes, the area within ten (10) feet of a vending machine shall be illuminated with a minimum of two (2) footcandles of illumination measured at the finished grade. Lighting sources shall be shielded and located in a manner that does not impact adjacent properties.

     (4)    Vending machines shall comply with Sections 114200 through 114245 of the State Health and Safety Code.

     S.      Cyber Cafés.

     (1)    Definition. “Cyber cafés,” also known as “personal computer arcades,” “cyber arcades,” “internet cafés,” and “cyber centers,” are defined as network gaming centers with six (6) or more stations that provide the space, equipment and technology to provide multi-player personal computer or similar games and services available to customers/patrons for a fee. These centers also provide computer or other similar game systems on a rental basis for internet access, computer and other games and word processing.

     (2)    Intent and Purpose. The intent of this regulation is to provide minimum standards for the development and/or the establishment of cyber cafés in commercial areas, and to ensure that the public health, safety and welfare are maintained. These regulations are also designed to ensure that cyber cafés will be functionally related and compatible with surrounding commercial uses, and that cyber cafés will not be a detriment to surrounding uses.

     (3)    Requirements for the Operation of Cyber Cafés. A Development Permit is required to establish/operate a cyber café in accordance with Chapter 2, Article 10 of Title 9 of this Code. The Planning Commission shall not approve a Development Permit for a cyber café unless all of the following standards are met:

     a.      The Commission is able to make the findings set forth in Section 9-2.1007 of this Code.

     b.      The lot upon which such business is proposed to be located is classified in District A (Gateway) or District B (Festival) of the DTSP.

     c.      Hours of operation shall be from 8:00 a.m. to 10:00 p.m. on Sundays through Thursdays and 8:00 a.m. to 12:00 a.m. (midnight) on Fridays and Saturdays. Minors must be accompanied by a parent or legal guardian after 10:00 p.m. Additionally, minors may not enter the establishment before 3:00 p.m. on school days, unless documentation is provided by the minor, which proves that the minor’s school is currently not in session. Notice of the above-stated prohibitions relating to the presence of minors shall be posted by the owner/operator at the entrance in lettering of at least two (2) inches in size.

     d.      If criminal activity occurs, including, but not limited to, assaults, gang-related activity, weapons offenses, disturbances, and/or juvenile related crime including truancy, at any cyber café establishment, then the owner may be required to provide a California licensed uniformed security guard(s) to be on the premises at all times the establishment is open for business if required by the Police Chief. Security guards shall first be subject to approval by the Police Chief and to a background check as required by the Police Chief. No such security guard shall be approved unless the Police Chief determines that such proposed security guard or attendant has not been convicted of any offense involving gambling or any offense against minors or against the public peace during the preceding five (5) years. Additionally, should a criminal incident occur, the owner may be required to provide a security plan to address any public safety concerns arising from the business. Such security plan shall be approved by the Police Department.

     e.      The parking requirement for cyber cafés shall be one parking space for every 300 square feet of gross floor area.

     f.      There shall be a twenty-five (25%) percent maximum window sign coverage area for each individual window. Such window signs shall require sign design review approval by the Planning Division.

     g.      A public restroom shall be made available for customer use within the establishment at all times during hours of operation.

     h.      All computer work stations shall be open, without physical partitions or dividers between stations. There shall be no stations within any type of enclosed or semi-enclosed booth type of arrangement.

     i.       No unlawful gambling shall be permitted within the establishment at any time.

     j.       All entrances and interior areas shall be adequately illuminated, and the lighting plan shall be approved by the Building Division prior to the commencement of such business.

     k.      Any bicycle racks proposed in association with a cyber café shall require location and design approval by the Planning Division prior to installation.

     l.       No person shall enter, be or remain in any part of a cyber café while in the possession of, consuming, using or under the influence of any alcoholic beverage or illegal substance. No licensee, manager or supervisory employee shall permit any such person to enter or remain in the establishment. Smoking and the sale of tobacco products on the premises shall be prohibited. A sign shall be posted inside the cyber café stating in letters at least two (2) inches high: “NO SMOKING. NO CONSUMPTION OF ALCOHOLIC BEVERAGES.”

     m.    “No loitering” signs shall be posted at the front and rear of the business as approved by the Community Development Director.

     n.      Occupancy shall not exceed the standards of the Uniform Building Code and the Los Angeles County Fire Code, and the maximum occupancy load shall be posted at the main entrance.

     o.      The owner shall submit and receive approval of a fire exit plan from the City’s Building Division and the Los Angeles County Fire Department. The plan shall address all exiting requirements of the Uniform Building Code and Los Angeles County Fire Code. This includes, but is not limited to, providing an existing plan showing equipment location, aisle locations and dimension widths, and having approved exit doors and panic hardware.

     p.      The operation of the cyber café shall be conducted in a manner so that any noise-generating device producing or reproducing of sound between 10:00 p.m. and 8:00 a.m., which exceeds the noise limit of sixty-five (65) dBA established by the General Plan at the property line, shall be a violation of this section.

     q.      Severability. If any section, subsection, sentence, clause, phrase or portion of the ordinance codified in subsection 9-4.203(S) is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the subsection. The city council hereby declares that it would have adopted the ordinance codified in subsection 9-4.203(S) and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions be declared invalid or unconstitutional.

     T.     Check Cashing/Currency Exchange/Money Advance/Money Transfer Uses.

     (1)    Definitions.

     “Check cashing” is defined as a person or entity that, for compensation, engages in whole or in part in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. “Check cashing” also includes the business of deferred deposits whereby the check casher refrains from depositing a personal check written by a customer until a specific date. “Check cashing” does not include a state or federally chartered bank, savings association, credit union, industrial loan company or a retail seller engaged primarily in the business of selling consumer goods, such as consumables to retail buyers, which also incidentally cashes checks or issues money orders for a minimum flat fee as an added service to customers.

     “Conspicuously post” means placed in plain public view in such a location and in such a way and of such form and size and typeface that any person seeking the services of a licensee could clearly and easily see and read the contents of the posted notices.

     “Currency exchange” is defined as the trading of one currency for another.

     “Money advance,” also known as “payday advance,” “paycheck advance,” “deferred deposit,” and “cash advance,” are defined as short-term (less than eleven (11) months) loans of less than two thousand ($2,000.00) dollars.

     “Money transfer,” also known as “wire transfer,” is defined as a transfer of funds from one entity to another through a bank account transfer or by a transfer of cash at a cash office.

     (2)    Intent and Purpose.

     The intent of this regulation is to provide minimum standards for the development and/or the establishment of check cashing, currency exchange, money advance, and money transfer uses in the General Commercial (C-G), Neighborhood Commercial (C-N) and DTSP Zones, and to ensure that the public health, safety and welfare are maintained. These regulations are also designed to ensure that these uses are functionally related and compatible with surrounding commercial uses without being detrimental to surrounding uses.

     (3)    Operational Requirements.

     Check cashing, currency exchange, money advance and money transfer uses are subject to the approval of a Conditional Use Permit in accordance with Chapter 2, Article 11 of Title 9 of the Huntington Park Municipal Code and shall be located, developed and operated in the following manner:

     a.      New check cashing, currency exchange, money advance and money transfer uses shall be located not less than one thousand (1,000) feet from another check cashing, currency exchange, money advance and money transfer use, as measured from one property line to another.

     b.      New check cashing, currency exchange, money advance and money transfer uses shall be a minimum of five hundred (500) feet, as measured from one property line to another, from the following legally established and operating uses:

     1)     Schools;

     2)     Parks;

     3)     Religious organizations;

     4)     State or Federally chartered banks, savings associations, credit unions, or other financial institutions;

     5)     Commercial establishments serving alcoholic beverages for consumption on the premises, excluding full service restaurants; and

     6)     Commercial establishments selling alcoholic beverages for consumption off the premises.

     (4)    Check cashing, currency exchange, money advance and money transfer uses shall comply with the following performance standards:

     a.      A lighting plan shall be submitted for the review and approval of the Planning Division and shall be installed prior to issuance of the Certificate of Occupancy. Exterior lighting shall be provided on all frontages. Such lighting shall be designed to illuminate persons standing outside such that they can be identified from a distance of fifty (50) feet. Exterior lighting shall be designed so as not to cast glare off-site.

     b.      Storefronts shall have glass or transparent glazing in the windows and doors. No more than ten (10) percent of any window or door area shall be covered by signs, banners, or opaque coverings of any kind so that law enforcement personnel is provided with a clear view of the entire public area in the premises from the public sidewalk.

     c.      The days and hours of operation shall be no earlier than 7:00 a.m. or later than 7:00 p.m., unless the provisions of subsection (4)(d) are met.  Patrons shall be discouraged from loitering prior to, during and/or after the hours of operation.

     d.      Check cashing, currency exchange, money advance and money transfer uses that wish to stay open beyond 7:00 p.m., as provided in subsection (4)(c), have in operation video cameras covering all internal and external locations of the business.

     e.      The operator shall continuously and conspicuously post the following:

     1)     A complete, detailed, and unambiguous schedule of fees charged for services;

     2)     A list of acceptable identification; and

     3)     The business license.

     f.      “No loitering” signs shall be installed and maintained where they will be most visible to pedestrians on each side of the building in which the use is located, including, but not limited to, street frontages and parking lots. The number, design, location, size and text of the signs shall be subject to Planning Division and Huntington Park Police Department review and approval. The signs shall be installed prior to issuance of the Certificate of Occupancy.

     g.      No exterior pay telephones shall be permitted.

(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 1 Ord. 713-NS, eff. November 20, 2003, § 1, Ord. 731-NS, eff. July 21, 2004, § 3, Ord. 808-NS, eff. September 5, 2007, § 3, Ord. 817-NS, eff. November 1, 2007, § 1, Ord. 828-NS, eff. September 4, 2008, § 2, Ord. 830-NS, eff. November 6, 2008, §§ 2, 3, Ord. 853-NS, eff. June 17, 2010, § 2, Ord. 873-NS, eff. October 19, 2011, §§ 2—4, Ord. 884-NS, eff. May 2, 2012, §§ 1—3, Ord. 931-NS, eff. August 20, 2014, § 3, Ord. 2017-958, eff. August 17, 2017, and § 10, Ord. 2019-978, eff. September 5, 2019)