Zoneomics Logo
search icon

Buena Park City Zoning Code

Division 1

Administration 1

§ 19.104.010 Title.

This Title 19 may be cited as the Buena Park Zoning Ordinance.
(Ord. 1754, 6/24/2025)

§ 19.104.020 Authority.

This Title 19 is enacted pursuant to the California Planning and Zoning Law: Title 7, Division 1, Chapter 4 (Sections 65800 through 65912) of the California Government Code.
(Ord. 1754, 6/24/2025)

§ 19.104.030 Purpose.

The purpose of this Title 19 is to implement the General Plan of the City of Buena Park and to ensure that the growth and development of the City is attractive, efficient and humane; and that the health, safety, prosperity, enjoyment, and general welfare of those who reside, work, or visit in the City is served to the optimum degree.
(Ord. 1754, 6/24/2025)

§ 19.104.040 Establishment of Zones.

The following zones are established, with their general purpose as indicated, and classified into groups as shown for purposes of reference in this Title 19:
A. 
Residential Zones.
1. 
Single-Family Zones:
a. 
RS-16, Select Estate Residential Zone. For the development and preservation of residential areas of single-family homes on large lots in order to maintain a park-like setting within a hillside environment.
b. 
RS-10, Estate Residential Zone. For the development and preservation of residential areas of single-family homes on relatively large lots located adjacent to or near a golf course.
c. 
RS-8, Suburban Residential Zone. For the development and preservation of residential areas of single-family homes on medium-sized lots located in hillside areas or near a golf course.
d. 
RS-6, One-Family Residential Zone. For the development and preservation of residential areas of single-family homes located on moderate to minimum size lots on relatively flat terrain.
2. 
Multifamily Zones:
a. 
RMH, Mobile Home Park Zone. For the development and preservation of mobile home park communities which are attractive for permanent residences and include the facilities and services for such residences.
b. 
RM-10, Low-Density Multifamily Residential Zone. For the development and preservation of relatively low-density garden apartments, town houses, condominiums, and other forms of attached dwellings in an attractive environment, with outdoor areas for both private and common use.
c. 
RM-20, Medium-Density Multifamily Residential Zone. For the development and preservation of medium-density apartments, condominiums, and group quarters in locations convenient to community commercial, recreational and cultural activities.
B. 
Commercial Zones.
1. 
CO, Office Zone. To provide for primarily professional and business offices serving the community in an attractive environment and to protect adjacent residential areas from adverse effects of excessive commercial activity.
2. 
CS, Community Shopping Zone. To provide primarily for shopping centers varying from neighborhood convenience centers to a major regional shopping center, and to provide within such centers conveniently grouped stores with adequate parking.
3. 
CG, Commercial General Zone. To provide for the variety of commercial activities needed to serve the community, primarily located in the central area of the City and secondarily located along arterial street frontages.
4. 
CR, Regional Commercial Zone. To provide for larger, more intensive regional commercial development situated on large sites. The consolidation of smaller contiguous commercial properties into a larger master-planned integrated regional commercial center is strongly encouraged through the provision of special standards and development incentives of Chapter 19.556.
C. 
Industrial Zones.
1. 
CM, Commercial Manufacturing Zone. To provide for commercial activities requiring larger site areas than available in the central area of the City, and for commercial and limited industrial services not appropriate for location in the central commercial areas.
2. 
MR, Research Manufacturing Zone. To provide for administrative or executive offices of business and industrial concerns, scientific research offices and laboratories, restricted manufacturing activities, and compatible appurtenant uses, all in a highly attractive and pollution-free environment.
3. 
ML, Light Industrial Zone. To provide for small and medium size industrial uses which are not likely to have adverse effects upon each other or upon neighboring residential and commercial areas.
4. 
MH, Heavy Industrial Zone. To provide for manufacturing and distribution plants which require relatively large sites, to protect such uses from the disruptive effects of unrelated commercial or other activity in their midst, and to protect the surrounding community from adverse environmental effects of industrial activity.
D. 
Open Space Zones.
1. 
OS, Open Space Zone. To provide for the preservation of open space areas, including transportation and utility right-of-way corridors, which contribute to the quality of the community environment by remaining open in character and not intensively used for residential, commercial, industrial or recreational activities.
2. 
OR, Recreational Open Space Zone. To provide for recreational activities located in or using substantial open space.
E. 
Mixed-Use Zones.
1. 
GMU, General Mixed-Use Zone. To provide a mix of compatible higher-density residential and neighborhood commercial uses along major arterials. The mix of uses can be integrated vertically (i.e., commercial on the ground floor with residential and/or office uses above) or horizontally (residential next to commercial and office uses). Single-use projects (i.e., a project that is entirely residential or entirely non-residential) are not permitted in GMU zones. A minimum of two (2) uses are required for GMU zones.
2. 
CBPMU, Central Buena Park Mixed-Use. To provide a mix of compatible higher-density residential and/or office uses above existing commercial, and office uses in a pedestrian-friendly environment. The mix of uses shall be integrated vertically (i.e., commercial on the ground floor with residential and/or office uses above). Single-use projects (i.e., a project that is entirely residential or entirely nonresidential) are not permitted in CBPMU zones. A minimum of two (2) uses are required for CBPMU zones.
3. 
EMU, Entertainment Mixed-Use. To provide a mix of compatible higher-density residential, entertainment, and commercial uses that support entertainment and tourism within the City. The mix of uses can be integrated vertically (i.e., commercial or entertainment uses on the ground floor with residential uses above) or horizontally (residential next to commercial and entertainment uses). Single-use projects (i.e., a project that is entirely residential or entirely nonresidential) are not permitted in EMU zones. A minimum of two (2) uses are required for EMU zones.
4. 
COMU, Commercial Office Mixed-Use. To provide a mix of compatible higher-intensity commercial and office uses within existing commercial and industrial areas in the City. The mix of uses can be integrated vertically (i.e., commercial uses on the ground floor with office uses above) or horizontally (commercial uses next to office uses). Single-use projects (i.e., a project that is entirely commercial or entirely office) are not permitted in COMU zones. A minimum of two (2) uses are required for COMU zones.
F. 
Special Zone.
1. 
AR, Amusement Resort Zone. To provide for the continued development and preservation of a major tourist-recreational attraction in a park-like setting and which is unique and distinctive from the usual type of business enterprise. The purpose of creating an AR District is to protect valuable property rights which have been created as a result of such business establishments. No land shall be zoned in an AR District unless it has been demonstrated that there are exceptional or extraordinary circumstances or conditions applicable to the property involved that would require an AR District zoning, and that unless land is placed in an AR District, the owner or owners of such land would be deprived of existing material property rights.
G. 
Specific Plan Zones. The following described specific plans are adopted together with their real property designations. A full, true and correct copy of the text of each such specific plan is maintained in the office of the City Clerk and in the office of the director of development services. The specific plans are not codified as part of this Title 19 but, rather, they are separately bound and made available to the public and for purchase. The specific plans govern the land use and development standards for property identified on the Zoning Map with the following designations.
1. 
ECSP, Entertainment Corridor Specific Plan. To provide for the continued development, preservation, and enhancement of integrated major tourist entertainment attractions and visitor-serving commercial uses in attractive settings that are unique and distinctive from the conventional use pattern of independent and unrelated businesses.
2. 
ACSP, Auto Center Specific Plan. To provide for the continued development, preservation, and enhancement of auto dealers and related commercial and retail uses in orderly and attractive settings that are unique and distinctive from the conventional use pattern of independent and unrelated businesses.
3. 
BOMUSP, Beach-Orangethorpe Mixed Use Specific Plan. To provide for the continued development, preservation and enhancement of a world class mixed use development comprised of commercial retail, full-service hotel, multiple-family units in high rise buildings and multi-level parking that are unique and distinctive from the conventional land use pattern of independent and unrelated activities.
H. 
Planned Development Zones. To provide for land uses and development standards to be tailored to individual sites. This land use designation requires that a master plan be prepared for each area so designated. The master plan must discuss development phasing, development intensities, amenities, design, and how the development is to conform with the guiding principles included in the Land Use Element of the General Plan for each area designated as Planned Development. It is intended to preclude incremental development which may be detrimental to the whole.
(Ord. 1754, 6/24/2025)

§ 19.104.050 Establishment of Overlay Zones.

The following special designations are established which may be combined by notation on the Zoning Map with any of the zones listed in Section 19.104.040 in order to accomplish the additional purposes indicated below:
A. 
A, Agricultural Overlay Zone. To provide for the preservation of areas of single-family homes on large lots with associated agricultural activities, including limited animal keeping.
B. 
P, Parking Overlay Zone. To provide for and encourage the development of needed parking areas to serve adjacent commercial and public service uses located in the central area of the City. Such parking use is intended to be arranged within residential zones adjacent to commercial zones in a manner which protects the residential areas from undue adverse effects of adjacent commercial activity and may lead to an orderly transition from residential to parking use for such areas.
C. 
HIO, Housing Incentive Overlay Zones. To provide for and encourage the development of affordable housing to a broad range of households with varying income levels within the City to meet current and future housing needs.
a. 
The Mixed-Use Housing Incentive Overlays focus on mixed-use, walkable and vibrant environments and range in function and intensity from primarily residential areas with a mix of lower intensity building types (MUO45, Mixed-Use Overlay 45), to moderate intensity neighborhoods (MUO60, Mixed-Use Overlay-60), to higher intensity neighborhoods (MUO100, Mixed-Use Overlay-100). The "45", "60", and "100" in the name of the Overlay refers to the allowable density within the Overlay Zone.
b. 
The Housing Opportunities Overlay (HOO) provides for higher-density affordable multi-family housing. The HOO has been applied to properties shown with the overlay in the Zoning Map.
c. 
The Religious Congregational and Fraternal Overlay (RCFO) allows faith-based and fraternal organizations to build affordable housing on their sites.
d. 
The Hotel/Motel Conversion Overlay (HMCO) allows for the conversion of underperforming hotels/motels into interim or permanent supportive housing for veterans, individuals or families with special needs, and those formerly homeless.
(Ord. 1754, 6/24/2025)

§ 19.104.060 Zoning Map.

A. 
The map entitled Zoning Map, City of Buena Park on file in the office of the City Clerk is made a part of this Title 19 by this reference thereto. Boundaries and symbols shown on this map indicate the areas of the City to which the regulations of the various zones apply.
B. 
Zone boundaries and symbols shown on the Zoning Map shall be amended or revised only by means of zone changes adopted pursuant to Section 19.124.030 or zone boundary adjustments adopted pursuant to Section 19.128.080.
(Ord. 1754, 6/24/2025)

§ 19.104.070 Interpretation of Zoning Map.

A. 
In determining the precise location of zone boundaries as shown on the Zoning Map, the following rules shall be followed, with precedence given to the rules in the order listed:
1. 
Where properties on opposite sides of a street, alley, walkway, or other right-of-way or easement are in different zones, the zone boundary shall be considered to be the centerline of such right-of-way or easement unless otherwise clearly indicated. The centerline shall be considered to be the line which would become the property line in the event the right-of-way or easement were vacated.
2. 
Where the zone boundary appears to be in the approximate location of a property line, the zone boundary is considered to coincide with the property line unless otherwise clearly indicated.
3. 
The location of a zone boundary shall be determined by scaling from the nearest lines or reference points shown on the Zoning Map.
B. 
Where any area is without a zone designation, such area shall be deemed to be in the OS Zone until such time as a zone change or zone boundary adjustment is approved.
(Ord. 1754, 6/24/2025)

§ 19.104.080 Definitions.

When used in this Title 19, the words, terms and phrases defined in this chapter shall have the meaning and construction given herein, except when used in a context which clearly indicates a different meaning or construction.
Abutting.
"Abutting" means physically touching. Abutting lots share a common lot line or lot corner. Abutting buildings or objects are located in such a way that at one or more points there is no intervening space between them.
Access.
"Access" means the way, place or means by which pedestrians or vehicles are physically and legally permitted ingress and/or egress from a building, lot, area or use.
Adjacent.
"Adjacent" means physically touching or separated only by intervening open space. Adjacent sites or lots are either abutting or separated by an alley, street (other than a highway) or other right-of-way not more than one hundred twenty feet in width. Adjacent buildings or structures are those located on the same site or on lots adjacent to the subject site.
Adult day care center.
"Adult day care center" means a licensed community care facility for the regular care and supervision of the elderly, developmentally disabled adults, or mentally disordered adults for periods less than 24 hours in a non-residential setting outside the licensee's own residence with incidental non-acute medical care and a variety of social and related support services, as defined and licensed under the Community Care Licensing Division of the State Department of Social Services.
Affordable housing.
"Affordable housing" means dwelling units:
A. 
Having a sale or rental price in the range considered lower or very low, as the same is defined and as such may be amended in the California Health and Safety Code, or
B. 
Constructed for qualifying senior citizens as defined in Section 51.2 of the California Civil Code as the same exists or may be amended.
Alley.
"Alley" means public right-of-way providing vehicular access to the side or rear of one or more lots but not intended for through traffic circulation.
Alteration.
"Alteration" means any change or rearrangement in the supporting members of an existing building or structure, such as bearing walls, columns or beams, any horizontal or vertical enlargement or diminution, any change in the size of exterior doors or windows, or the moving of a building or structure from one location to another, either on the same parcel or another.
Amenity.
"Amenity" means a feature or area integrated into a development that enhances the attractiveness or value of a location or property, such as a swimming pool, clubhouse, park, or other leisure or recreational facilities.
Animal Sales and Grooming.
"Animal sales and grooming" means a combined business or service that involves the sale of animals along with grooming services for these animals. In this establishment, customers can purchase animals like cats, or birds, (excluding dogs) and also have their pets groomed and maintained. Grooming services typically include activities like bathing, fur trimming, nail clipping, and hygiene care. Overnight care or boarding is not permitted.
Antiques.
"Antiques" means objects of art or pieces of furniture, household implements and the like, which, because of age, rarity and fabrication, or manufacture at a time much earlier than the present, have acquired a collector's quality and value. This definition does not include any objects or materials that are obsolete and have secondhand or salvage value only.
Arboretum/botanical garden.
"Arboretum/botanical garden" means a facility, whether public or private, primarily dedicated to the cultivation, display, and preservation of a variety of plants, trees, and other vegetation for educational, research, conservation, and aesthetic purposes. These spaces may include greenhouses, walking trails, interpretive signage, demonstration gardens, and areas for public events or guided tours. Ancillary uses may involve visitor centers, gift shops, and cafes, provided they support the primary function of the arboretum or botanical garden.
Arcades.
"Arcades" mean an establishment where four (4) or more mechanical or electronic amusement games are located, whether provided independently or as an accessory use to another business. Objective Design and Development Standards mandate that the maximum size of an arcade does not exceed 3,000 square feet. However, arcades proposed to exceed this limit must obtain City Council approval. In no case shall an arcade exceed 10,000 square feet. Noise buffers/barriers are required to mitigate sound disturbances, and special protective measures apply to arcades located within 50 feet of residential areas to ensure a harmonious coexistence.
Architectural Feature.
"Architectural feature" means a prominent or characteristic part of a building, such as a cornice, parapet, eave, sill, window or door frame, or other embellishment.
Assisted Living Facility.
"Assisted living facility" means a licensed residential facility designed for seniors or disabled individuals who require assistance with daily activities, including meals, medication management, and personal care.
Automated Teller Machines (ATMS).
"ATMs" mean a pedestrian- or vehicle-oriented machine used by bank and financial service patrons for conducting transactions including deposits, withdrawals, and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks, or in other locations, in compliance with the City's Municipal Code.
Automobile service station.
"Automobile service station" means an establishment or portion of an establishment where motor vehicle fuel is dispensed at retail.
Banquet/catering facility.
"Banquet/catering facility" means a commercial enterprise primarily engaged in the preparation and provision of food and beverages for events, functions, and gatherings, whether on-site at a banquet facility or off-site at a client-designated location. This definition includes both banquet facilities and catering facilities. The primary function is to prepare and serve food and beverages for pre-arranged events such as weddings, corporate meetings, parties, and other social gatherings. The business may operate from a designated banquet facility, a catering kitchen, or both. A banquet facility typically includes dining areas, event spaces, and amenities to host large groups, while a catering facility focuses on food preparation and logistical support for off-site events. Banquet facilities may host events on-site, providing space and amenities such as tables, chairs, decorations, and audiovisual equipment.
Basement.
"Basement" means that portion of a building which is partly or wholly below grade. A basement shall be considered as a story above grade where the finished surface of the floor above the basement is more than six feet above grade plane.
Bedroom.
"Bedroom" means a room within a dwelling unit, other than a kitchen, living room or dining room, which could be used for sleeping purposes, is provided with natural light and natural ventilation, and is separated by a door or archway from the rest of the dwelling unit.
Berm.
"Berm" means a mound of earth designed and permanently maintained for purposes of visual screening, physical enclosure, noise control, erosion or drainage control, or as an element of landscape design. (See also fence.)
Borrow pit.
"Borrow pit" means any place or premises where earth, soil, sand, gravel or other material is removed by excavation for any purpose other than that necessary and incidental to development on the same premises.
Buffer.
"Buffer" means a strip of land, including landscaping, berms, walls, and/or fencing, that physically separates and visually screens one use or property from another to mitigate adverse impacts of the more intense use (e.g., dust, glare, light, noise, odor, etc.).
Building.
"Building" means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals, goods, equipment, vehicles, processes, or activities of any kind.
Building, accessory.
"Accessory building" means a building or structure detached from a main building on the same premises and used or intended only for an accessory use.
Building coverage.
"Building coverage" means the percentage of the lot area that is covered by buildings or structures, excluding open areas such as courtyards, plazas, and pedestrian pathways.
Building frontage.
"Building frontage" means the side of a building containing the main entrance for pedestrian entrance and exit. If more than one main entrance exists, the entrance that more nearly faces, or is oriented to, the street of highest classification as portrayed in the Circulation Element of the General Plan, shall be considered the building frontage. If all streets are of the same classification, the side of the building with the smallest horizontal lineal dimension containing a main entrance shall be considered the building frontage.
Building height.
"Building height" means the vertical distance from the finished ground level to the roof surface of a building. Since some building height regulations of this Title define sloping building envelopes, the permitted building height may vary from point to point and the highest point of a roof may not be the critical point for height limitation purposes. Where the finished ground level varies around the perimeter of a building, an assumed ground level at any point within the perimeter of the building is derived from a cross-section through the building in the vertical plane which is critical for height limitation purposes, in which plane the ground level on opposite sides of the building is connected by a straight line. (See Diagram 1 at the end of this chapter.)
Building, main.
"Main building" means a building within which is conducted a primary or incidental use of the premises.
Building official.
"Building official" means the officer of the City responsible for enforcing the building, plumbing, mechanical, electrical, and related codes.
Canopy or tarp.
"Canopy or tarp" means any shelter, including support structure, which exceeds 42 square feet and maintains a roof, cover, or walls made of cloth, vinyl, flexible plastic, canvas, or other similar material, whether freestanding or attached to another structure, including trampolines.
Carport.
"Carport" means a roofed structure providing space for parking of motor vehicles and enclosed on not more than three sides.
Carwash, drive-through.
"Drive-through carwash" means a mechanical carwash where customers remain in their vehicles during washing operation.
Carwash, full-service.
"Full-service carwash" means a mechanical and/or hand carwash where customers leave their vehicles during washing operations.
Carwash, mechanical.
"Mechanical carwash" means any permanent facility where power-driven equipment, steam-cleaning equipment, or stalls with water-spraying devices are used for the washing of vehicles as a retail service. Mechanical carwashes are further classified as either full-service, drive-through or self-service carwashes.
Carwash, self-service.
"Self-service carwash" means a mechanical carwash where facilities are provided for customers to wash their own vehicles.
Certificate of Occupancy.
"Certificate of Occupancy" means a document issued by the Building Official certifying that a building or structure complies with all applicable building codes and other laws, and indicating it to be in a condition suitable for occupancy.
Child day care center.
"Child day care center" means a licensed community care facility for the regular, non-medical care and supervision of infants, toddlers, preschoolers, and/or school-age children for periods of less than 24 hours in a non-residential setting outside the licensee's own residence, as defined and licensed under the Community Care Licensing Division of the State Department of Social Services.
Church.
"Church" means a permanent use of premises where the primary activity is religious worship and the premises are maintained and controlled by an organized religious body. Rescue missions, tent revivals, and temporary assemblies are not included in this definition.
Club.
"Club" means a permanent use of premises where the primary activity is assembly of a nonprofit association of persons for social or recreational purposes, and the premises are maintained and controlled by such association. Organizations and activities primarily or customarily involved in commercial enterprise are not included in this definition.
Cluster development.
"Cluster development" means a development design technique that groups residential units in a specific area of a site to preserve the remaining land for open space, or recreation.
Commercial establishment, drive-in.
"Drive-in commercial establishment" means an establishment which by design, physical facilities, and/or service procedures encourages or permits customers to receive and consume goods or services while remaining in their parked motor vehicles on the premises.
Commercial establishment, drive-through.
"Drive-through commercial establishment" means an establishment which by design, physical facilities, and/or service procedures encourages or permits customers to receive goods or services at a drive-up window or station and then leave the premises without parking their vehicles.
Commercial establishment, take-out.
"Take-out commercial establishment" means a food sales or service establishment which by design, physical facilities, and/or service procedures predominantly encourages or permits customers to receive goods or services at a walk-up window or station, but does not provide for or encourage consumption on the premises.
Commercial establishment, walk-up.
"Walk-up commercial establishment" means a food sales or service establishment which by design, physical facilities, and/or service procedures encourages or permits customers to receive goods or services at an exterior walk-up window or station and encourages or provides for consumption on the premises.
Commercial zone.
"Commercial zone" means any of the zones listed under the heading of Commercial Zones in Section 19.104.040.
Community apartments.
"Community apartments" means a multifamily residential development in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon. (See California Business and Professions Code Section 11004.)
Community character.
"Community character" means the image of a community or area as defined by factors such as built environment, natural features and open space elements, type of housing, architectural style, infrastructure, and the type and quality of public facilities and services.
Community Noise Equivalent Level (CNEL).
"Community noise equivalent level (CNEL)" means the average equivalent A-weighted sound level during a twenty-four-hour day, obtained after addition of five decibels to sound levels from seven p.m. to ten p.m. and after addition of ten decibels to sound levels from ten p.m. to seven a.m. (See California Government Code Section 65302(f).)
Community residential care facility.
"Community residential care facility" means a community care facility licensed for any type of twenty-four-hour care pursuant to the California Community Care Facilities Act. (See California Health and Safety Code Section 1500 et seq.)
Condominium.
"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office, or store. A condominium may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either an estate of inheritance or perpetual estate, an estate for life, or an estate for years, such as a leasehold or subleasehold. (See California Civil Code Section 783.)
Condominium development, residential.
"Residential condominium development" means a multifamily residential development utilizing a condominium, stock cooperative or community apartments form of ownership.
Contractor.
"Contractor" means a person engaged in or purporting to be engaged in the business of building, constructing, plumbing, electrical, painting, plastering, masonry, floor finishing, gardening, landscaping maintenance, landscaping, lawn renovating, wall papering, demolition, grading, excavation, road building or repair, drilling, tank removal or installation, sign installation or repair, pipeline installation or repair, building moving, or any similar occupations or trades whether licensed by the State of California or not.
Contractor's storage facility.
"Contractor's storage facility" means any premises used by a contractor, as defined, for the purpose of storing, maintaining, servicing, distributing, or dispatching supplies, materials, vehicles, equipment, tools, scaffolding, or similar items required by or associated with a contractor's business.
Cooperative, stock.
"Stock cooperative" means a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property; if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which 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. This definition does not include a limited-equity housing cooperative, as defined in Section 11003.4 of the California Business and Professions Code. (See California Business and Professions Code Section 11003.2.)
Curb cut.
"Curb cut" means a ramp opening in a curb where vehicles or wheel chairs may enter or leave the roadway.
Dancehall.
"Dancehall" means a commercial establishment, venue, or facility that is primarily designed, intended, or used for public dancing. Such establishments typically feature a dance floor or designated dance area and may provide live or recorded music, lighting, and other amenities to enhance the dancing experience. This definition includes, but is not limited to, nightclubs, discotheques, and dance clubs. Dancehalls or other public dancing facilities shall not be located within 200 feet of any residential use and shall implement noise control measures to minimize impacts on surrounding uses. Dancehalls or other public dancing facilities shall provide on-site security personnel and surveillance systems to ensure the safety of patrons and staff.
"Density bonus"
has the same meaning as set forth in Government Code Section 65915.
Dental office.
"Dental office" has the same meaning as medical or dental clinic.
Development.
"Development" means a plan or program, the process of carrying out such plan or program, and/or the result of such plan or program, for changing, extending or improving the use of a site. Development may include, but is not limited to: the division or assembly of land, space or facilities; altering or disturbing the land surface and landscape; construction, reconstruction or relocation of buildings or structures; installing utilities, streets, walkways, fences and landscaping; and the change, conversion, extension or diminution of the use of land, structures, and facilities.
Director.
"Director" means the Director of Community Development of the City or his or her other duly authorized designee.
Display.
"Display" means the placement of goods, merchandise, equipment or exhibits for viewing at a location visible to or accessible to the public.
Driveway.
"Driveway" means a private roadway for vehicular travel extending from a street or alley property line to a parking area, loading area, drive-in or drive-through service area, or to an entrance to a building or other facility. Parking aisles within parking areas and truck maneuvering areas are not included within this definition. (See Diagram 2 at the end of this chapter.)
Dry cleaning, coin-operated.
"Coin-operated dry cleaning" means a business establishment providing for self-operated cleaning of garments. This definition is limited to the use of single-batch, automatic cleaning machines, activated by the insertion of a designated coin, where an attendant is not required to, but may, provide only incidental pressing, spot removing, and supervision.
Dwelling.
"Dwelling" means a building containing one or more dwelling units. A group quarters or other building or portion thereof devoted primarily to rooming units is not considered a dwelling.
Dwelling, factory-built.
"Factory-built dwelling" means a dwelling constructed 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, which is either wholly manufactured or is in substantial part manufactured at an off-site location to be wholly or partially assembled on-site in accordance with building standards published in the state Building Standards Code and other regulations adopted pursuant to Section 19990 of the California Health and Safety Code. This definition does not include a mobile home, site-built dwelling or recreation vehicle. (See California Health and Safety Code Section 19971.)
Dwelling, junior accessory unit.
"Junior accessory dwelling unit" means a dwelling unit that is no more than 500 square feet in size and contained entirely within an existing single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing or proposed single residential unit and includes an efficiency kitchen.
Dwelling, manufactured.
"Manufactured dwelling" means a factory-built dwelling or a mobile home in place on a foundation system.
Dwelling, multifamily.
"Multifamily dwelling" means a residential use in which there is more than one dwelling unit on a lot.
Dwelling, single-family.
"Single-family dwelling" means a residential use in which there is only one detached dwelling unit on a lot.
Dwelling, site-built.
"Site-built dwelling" means a dwelling constructed by erecting and joining materials and components on the site where the dwelling is to be occupied. This definition does not include a factory-built dwelling or a mobilehome installed on a site.
Dwelling unit.
"Dwelling unit" means one or more habitable rooms, having one and only one kitchen, and arranged for or occupied by one or more persons living as a household unit with common access to all living, eating, and food preparation areas. An outdoor food preparation area shall not be considered a kitchen. Furthermore, a dwelling unit and any expansion of a dwelling unit shall comply with the following criteria;
A. 
Common interior access to all living, eating, and food preparation areas shall be provided through habitable rooms or a common hallway.
B. 
A wet bar may be provided outside the kitchen, provided that no cooking appliances, whether of a temporary or permanent nature, are provided that defeat the purpose and intent of one and only one kitchen within a dwelling unit.
Dwelling unit, accessory.
"Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residential unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and be located on the same parcel that the primary residential unit is or will be situated. An accessory dwelling unit can also be an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, or a manufactured home, as defined in Section 18007 of the Health and Safety Code.
Dwelling unit, junior accessory.
"Junior accessory unit dwelling" means a dwelling unit that is no more than 500 square feet in size and contained entirely within an existing single-family residence.
Educational institution.
"Educational institution" means a public, parochial or other nonprofit institution conducting regular academic instruction at kindergarten, elementary, secondary, collegiate, university or graduate level. Such institution must either offer general academic instruction equivalent to the standards prescribed by the State Board of Education or confer degrees as a college or university of undergraduate or graduate standing. This definition does not include schools, academies or institutes, incorporated or otherwise, which operate for a profit, nor does it include commercial or trade schools.
Elderly housing.
"Elderly housing" means dwelling units which are or would be classified as elderly housing as the term is used in the City's current housing assistance plan and, by the terms of its ownership, financing, and management, such housing will continue to be made available primarily to persons sixty-two years of age or older.
Emergency shelter.
"Emergency shelter" means a facility that provides immediate and short-term housing (limited to occupancy of six (6) months or less) and minimal supplemental supportive services to homeless persons or families. Supplemental services may include counseling, food, and access to social programs. No individual or household may be denied emergency shelter because of an inability to pay (consistent with Section 50801(e) of the California Health and Safety Code).
Encroachment.
"Encroachment" means any object or obstruction within a prescribed yard, setback or open area.
Establishment.
"Establishment" means a premises or portion thereof occupied by a nonresidential use under the unified management and control of one person or organization.
Exhibit hall.
"Exhibit hall" means a facility or portion of a facility designed and used for hosting events such as trade shows, conventions, exhibitions, product showcases, and similar gatherings. These spaces are typically equipped to accommodate large groups and may include features such as display areas, meeting rooms, and support services. The use explicitly excludes swap meets, flea markets, or similar activities involving the direct sale or exchange of goods between individuals.
Expansion of use.
"Expansion of use" means any increase in floor area or site area devoted to a use, or any intensification of use which requires additional parking space.
Extension of use.
"Extension of use" means the prolongation of the time that a use exists at a given location. Also, the same as expansion of use.
Fence.
"Fence" means a linear barrier of any material or combination of materials, including living plant materials, placed for the purpose of screening or enclosing open areas of land. Walls, hedges, and berms are included in this definition.
Fence height.
"Fence height" means the vertical distance, at any point, from the finished ground level to the top of the fence. Where the ground elevation is different on opposite sides of a fence, the height is measured on the side of the fence having the higher ground elevation.
Floor area, existing.
"Existing floor area" means a legally permitted building constructed on the site with a final inspection or certificate of occupancy as of the date of application submittal, that conforms to current zoning standards or is legal nonconforming as to current zoning standards.
Floor area, gross.
"Gross floor area" means the sum of the horizontal area of all floors of a building or group of buildings, measured from the exterior faces of exterior walls or from the center of party walls separating buildings.
Floor area, net.
"Net floor area" means the interior floor area of a room or building, excluding fixed walls, stairways, elevator shafts, and permanently unoccupiable spaces.
Frontage, building.
See definition under Section 19.904.020 of Division 9, Sign Regulations.
Frontage, business.
See definition under Section 19.904.020 of Division 9, Sign Regulations.
Frontage, street.
"Street frontage" means a line, and the length thereof, along which a lot abuts a public street. Where a lot abuts more than one street, or abuts the same street along more than one continuous line, each such line is considered a separate frontage.
Garage.
"Garage" means a roofed structure providing space for the parking of motor vehicles and enclosed on all sides.
Ground coverage.
"Ground coverage" means the total ground area, measured in a horizontal plane, within the boundaries of the exterior walls of all roofed structures on a site.
Group home.
"Group home" shall have the same definition as provided in Chapter 5.70 of the Buena Park Municipal Code.
Group quarters.
"Group quarters" means a building or group of buildings containing sleeping rooms for persons not living as household units. Group quarters differ from dwellings in that there are no kitchen facilities separately associated with each sleeping/living unit, and there is not common access to all living, eating, and food preparation areas.
Guesthouse.
"Guesthouse" means any space in an accessory structure which could be used as habitable quarters, but not constituting a dwelling unit.
Highway.
"Highway" means a street which is designated as a major highway, primary highway or secondary highway in the circulation element of the General Plan.
Home occupation.
"Home occupation" means a business or employment activity conducted on residential premises.
Hospital.
"Hospital" means a health facility licensed as a hospital of any type by the state pursuant to the California Health and Safety Code, Division 2, Chapter 2, Article 1, Section 1250 et seq. This definition includes a general acute care hospital, acute psychiatric hospital, special hospital, and psychiatric health care facility. This definition does not include long-term health care facilities (skilled nursing or intermediate care).
Hotel, motel, or motor hotel.
"Hotel," "motel" or "motor hotel" means a facility offering transient lodging accommodations of less than 30 consecutive days to the general public, except where a conditional use permit has been obtained as permitted in Section 19.552.110 of this Title.
Industrial clinic.
"Industrial clinic" means a medical clinic where the predominant activity is serving the emergency and on the job medical needs of industrial employees.
Industrial zone.
"Industrial zone" means any of the zones listed under the heading of Industrial zones in Section 19.104.040.
Infill development.
"Infill development" means a development of vacant or underutilized land (usually individual lots or leftover properties) within areas that are already largely developed.
Integrated development.
"Integrated development" means a development for more than one use or tenant, whether under a single ownership or multiple ownerships, carried out at one time or in phases, but in accordance with an overall design, or operated under some degree of coordinated management, or involving sharing of common facilities such as parking. The intent of an integrated development is to provide through Conditions, Covenants, and Restrictions a means of common maintenance, architectural integrity and compatibility, a comprehensive sign program, and provisions for master planning of future expansions and alterations with review and approval of the City.
Kennel.
"Kennel" means an establishment where four or more dogs or other animals, at least four months of age, are kept, boarded or trained. This definition does not include a dwelling with permitted household pets.
Kitchen.
"Kitchen" means a single, core food preparation area for meals within an individual dwelling unit which shall be in common use by all members of a household residing in such dwelling unit. The kitchen shall have common interior access at all times to all other habitable rooms of such dwelling unit.
Kitchen, efficiency.
"Efficiency kitchen" means a kitchen that includes the following at a minimum: appliances for cooking food and refrigeration, either built-in or countertop; a sink for food preparation greater than 12 inches by 12 inches, excluding the sink located in the bathroom; and a food preparation counter.
Landscaped area.
"Landscaped area" shall mean those portions of any lot or parcel devoted to or developed with landscaping including those portions of a lot or parcel required to be landscaped by a Conditional Use Permit, Variance, Site Plan, Zoning Ordinance requirement, or other entitlement for use.
Landscaping.
"Landscaping" means a designed or natural arrangement of plant materials including grass, ground cover, shrubs, trees, vines, and similar vegetation and may include the use of decorative rock, stones, bark, walls, fountains, pools, brick or similar paving as accessory decorative elements. The use of artificial turf may be considered for single-family home use as an alternative to grass and ground cover, provided that a minimum 15% of the front yard area is accented with living plant material such as natural shrubs, trees, vines, or similar vegetation and approved via the Artificial Turf Permit process. Driveways, parking areas, loading or storage areas and bare earth, devoid of living vegetation or accessory decorative elements shall not be considered landscaping.
Liquor, off-sale.
"Off-sale liquor" means the sale of alcoholic beverages for consumption off the premises where sold, as defined, regulated, and licensed by the Department of Alcoholic Beverage Control. (See California Government Code Sections 23000 through 25762.)
Liquor, on-sale.
"On-sale liquor" means the sale of alcoholic beverages for consumption on the premises where sold, as defined, regulated, and licensed by the Department of Alcoholic Beverage Control. (See California Government Code Sections 23000 through 25762.)
Liquor store.
"Liquor store" means any establishment which offers for retail sale, for consumption off-premises, any alcoholic beverage.
Livestock.
"Livestock" means any domesticated animal or fowl, used for commercial purposes, as a beast of burden, or otherwise, including, but not limited to, horses, cows, sheep, goats, pigs, hogs, chickens, turkeys, peacocks, guineas, geese, and ducks.
Live-work.
"Live-work" means a building or space within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.
Loading space.
"Loading space" means an off-street space or berth used for the loading or unloading of trucks or other commercial vehicles.
Long-term health care facility.
"Long-term health care facility" means a skilled nursing facility or intermediate care facility of any type licensed by the State pursuant to the California Health and Safety Code, Division 2, Chapter 2, Article 1, Section 1250 et seq.
Lot.
"Lot" means a lawfully created and defined parcel of land held in undivided ownership.
Lot area.
"Lot area" means the area, measured in a horizontal plane, bounded by the lot lines of a lot.
Lot area, net.
"Net lot area" means lot area exclusive of:
A. 
Public streets, alleys, walkways, and other existing public rights-of-way;
B. 
Proposed public rights-of-way such as streets, alleys, and other land to be reserved or dedicated for public use when such rights-of-way, reservations or dedications are approved or required as part of a development;
C. 
Other public or private easements where the owner(s) of the servient tenement does not have the right to use the land surface or space within the easement in any manner.
Lot, corner.
"Corner lot" means a lot abutting two or more streets at their intersection and the angle of intersection is not more than one hundred twenty degrees.
Lot depth.
"Lot depth" means the horizontal distance measured from the midpoint of the front lot line to the midpoint of the rear lot line of a lot.
Lot line.
"Lot line" means any line bounding that portion of a lot which is not part of a dedicated public right-of-way.
Lot line, front.
A. 
In the case of a lot having only one street frontage, the frontage is the front lot line.
B. 
In the case of a corner lot, the shorter street frontage is the front lot line (see Diagram 3 at the end of this chapter), with the exception that the Director may determine that the longer street frontage be defined as the front lot line based on the orientation of the existing structure(s) on the subject lot or adjacent lots and the provision of other conforming yard and related open space requirements.
C. 
In the case of a lot at the intersection of two streets with an angle of intersection greater than one hundred twenty degrees, both street frontages together are considered to be the front lot line.
D. 
In the case of a lot with noncontinuous street frontages or with three or more street frontages, the Director shall determine which frontage or frontages are considered as front lot lines. Such determination is based upon the orientation of existing or proposed development on the subject lot or adjacent lots.
E. 
In the case of a corner lot with an existing development where the setbacks of the existing structure(s) along both streets satisfies the minimum front yard setback, the Director may determine which frontage may be considered as the front lot line. Such determination shall take into account the orientation of the existing structure(s) on the subject lot or adjacent lots and the provision of other conforming yards and related open space requirements.
Lot line, rear.
A. 
"Rear lot line" means the lot line which is opposite and most distant from the front lot line of the same lot (see Diagram 3 at the end of this chapter).
B. 
In the case of an irregular, triangular or gore-shaped lot, the rear lot line is an assumed line within the lot parallel to the front lot line, not less than ten feet in length, and located at the maximum possible distance from the front lot line.
C. 
In the case of a lot where the Director determines the front lot line, the Director shall also determine which lot line or assumed line, if any, is considered the rear lot line.
Lot line, side.
"Side lot line" means any lot line which is not a front or rear lot line. (See Diagram 3 at the end of this chapter.)
Lot, reversed corner.
"Reversed corner lot" means a corner lot where a side lot line abutting a street is substantially a continuation of the front lot line of the lot to the rear of the subject lot, whether or not separated from the subject lot by an alley.
Lot width.
"Lot width" means the horizontal distance between side lot lines measured at the required front yard setback line.
Major transit stop.
"Major transit stop" means a site containing an existing rail or bus rapid transit station, the intersection of two (2) or more major bus routes with a frequency of service interval of 20 minutes or less during the morning and afternoon peak commute periods, or other major transit stops that are included in the applicable regional transportation plan.
Massage establishment.
See definition under Chapter 5.12 of Title 5 Business Licenses and Regulations.
Medical laboratory or dental laboratory.
"Medical laboratory" or "dental laboratory" means an establishment devoted to conducting tests and analyses and/or the preparation of materials (including prostheses) related to the activities of medical or dental offices or clinics.
Medical office or dental office.
"Medical office" or "dental office" has the same meaning as medical clinic or dental clinic.
"Ministerial processing" or "ministerial approval".
means a process for development approval involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely ensures that the proposed development meets all the "objective zoning standards," "objective subdivision standards," and "objective design review standards" in effect at the time that the application is submitted to the local government but uses no special discretion or judgment in reaching a decision.
Mobilehome.
"Mobilehome" means a structure, transportable in one or more sections, designed and equipped to contain not more than two dwelling units, to be used with or without a foundation system. This definition does not include a recreation vehicle or factory-built dwelling. (See California Health and Safety Code Sections 18008 and 18211.)
Mobilehome park.
"Mobilehome park" means any area or tract of land under unified ownership, control or management where five or more mobilehome sites are provided to accommodate mobilehomes used for human habitation. (See California Health and Safety Code Section 18214.)
Mobilehome site.
"Mobilehome site" means an area within a mobilehome park designated for the use and occupancy of one mobilehome, including all contiguous space for the exclusive use of occupants of the mobilehome.
Motor vehicle.
"Motor vehicle" shall be as defined in California Vehicle Code Section 415, as the same may be amended from time to time.
Motor vehicle, inoperative.
"Inoperative motor vehicle" means any motor vehicle which is unlicensed, unregistered or otherwise not legally permitted to be driven upon the streets and highways of the State of California or any motor vehicle which is disabled, dismantled, wrecked, or from which some essential component thereof has been removed thereby rendering such motor vehicle incapable of being driven under its own motive power.
Multifamily residential zone.
"Multifamily residential zone" means any of the zones listed under the heading of Multifamily zones in Section 19.104.040.
Multi-tenant development.
"Multi-tenant development" means a development for more than one business, situated in separate tenant spaces in the same building, where the property is operated under single ownership, and exhibits consistent architectural design and shared common facilities such as parking, pedestrian access, and signage. The intent of a multi-tenant development is to facilitate a mixture of compatible, related uses where the property management is responsible for maintenance and enforcement of conditions of approval for the development, including, but not limited to, property maintenance, signage, and permitted uses.
New construction.
"New construction" means any development which is either being constructed on a vacant parcel or at least 80% of the existing structure(s) square footage is proposed to be demolished.
Nonconformity or nonconforming.
"Nonconformity" or "nonconforming" means any use, activity, feature of development or operation, or other circumstance which does not conform to the regulations of this Title, but which was lawfully established under the regulations which prevailed at the time of such establishment.
Objective design standards.
"Objective design standards" means a design standard that involves no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (See California Government Code Section 65913.4.)
Open area.
"Open area" means land area not covered by buildings and not improved or arranged for vehicular use, together with uncovered balconies and decks or other above or below grade uncovered areas which have access for pedestrian or recreational use.
Open area, common usable.
"Common usable open area" means land within or related to a development, not individually owned or dedicated for public use, that is designed and intended for the common use of the residents of the development.
Open area, private.
"Private open area" means open area provided and arranged for the exclusive use of the occupants of a specific dwelling unit.
Open space zone.
"Open space zone" means any of the zones listed under the heading of Open space zones in Section 19.104.040.
Overlay zone.
"Overlay zone" means a supplementary zoning designation that is applied to property in addition to a primary zoning district to highlight special regulations applicable to select properties within the City.
Parking aisle.
"Parking aisle" means the traveled way within a parking area by which vehicles enter and depart parking spaces. (See Diagram 2 at the end of this chapter.)
Parking area.
"Parking area" means a contiguous group of parking spaces and parking aisles.
Parking lot.
"Parking lot" means premises or the portion thereof devoted to parking of motor vehicles, not including parking within a structure.
Parking space.
"Parking space" means a space provided for and intended to be occupied by a motor vehicle when parked.
Parking structure.
"Parking structure" means a structure or portion of a structure providing parking spaces.
Passageway.
"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one (1) entrance of the residential unit.
Permanent supportive housing.
"Permanent supportive housing (PSH)" combines affordable housing with services for chronically homeless individuals or families. Chronically homeless individuals or heads of household are those have a disabling condition and have experienced homelessness in past 3 years, for at least 12 months, or on at least 4 separate occasions.
Pharmacy.
"Pharmacy" means an establishment where the predominant activity is the preparation and dispensing of drugs and medicines.
Planned unit development.
"Planned unit development" means a development in which units of land together with the structures and facilities on such units are owned individually, while other land, structures, and/or facilities in the same development are provided for the common use of the unit owners and such common property is owned on a proportional, undivided basis by the unit owners or by an association of the unit owners.
Predominant use or activity.
"Predominant use or activity" means an identifiable activity occurring on a premises which is greater in amount than any other activity or component of use occurring on the same premises. For this purpose, the most appropriate criterion for measuring amount of activity shall be determined by the Director (from among such measures as floor space, revenue, traffic volume, etc.).
Premises.
"Premises" means a site together with the buildings, structures, and other improvements thereon.
Private recreation facility.
"Private recreation facility" means a recreational facility operated by a private entity, organization, or individual that is accessible only to members, guests, or invitees. These facilities may include amenities such as swimming pools, tennis courts, fitness centers, golf courses, clubhouses, or similar recreational uses. Private recreation facilities are not open to the general public and may be associated with residential communities, clubs, or other membership-based organizations.
Public transit.
"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 a set fare, run on fixed routes, and are available to the public.
Public view.
A. 
An object is in public view if it is visible from any of the following outdoor, ground level locations:
1. 
Any area open to public access on the same premises;
2. 
Any dwelling or group quarters on the same premises;
3. 
Any point on adjacent lots;
4. 
Any public street or walkway, not including an alley or freeway.
B. 
In determining visibility, an eye-level five feet above ground level shall be assumed.
Recreation vehicle.
"Recreation vehicle" means a motorhome, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than two hundred twenty square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms. (See California Health and Safety Code Sections 18010.5 and 18215.5.)
Residential zone.
"Residential zone" means any of the zones listed under the heading of Residential zones in Section 19.104.040.
Roof, mansard-type.
"Mansard-type roof" means a roof or portion of a roof with two slopes, or one sloping portion and one flat portion, wherein the lower portion of the roof has the greater slope.
Screening.
"Screening" means a method of visually shielding or obscuring one (1) abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.
Setback.
"Setback" means the least horizontal distance between a building or structure and a lot line.
Short-term rental (STR).
"Short-term rental" means a rental of a legally permitted dwelling for periods of 30 consecutive days or less, counting portions of the calendar as full days. The STR can be the entire home or limited to one or more rooms.
Sign.
See definition under Section 19.904.020 of Division 9, Sign Regulations.
Sign area.
See definition under Section 19.904.020 of Division 9, Sign Regulations.
Sign, canopy.
See definition under Section 19.904.020 of Division 9, Sign Regulations.
Sign, display board.
See definition under Section 19.904.020 of Division 9, Sign Regulations.
Sign, electronic display board.
See definition under Section 19.904.020 of Division 9, Sign Regulations.
Sign face.
See definition under Section 19.904.020 of Division 9, Sign Regulations.
Sign face area.
See definition under Section 19.904.020 of Division 9, Sign Regulations.
Sign, ground.
See definition under Section 19.904.020 of Division 9, Sign Regulations.
Sign, monument.
See definition under Section 19.904.020 of Division 9, Sign Regulations.
Sign, off-premises (billboard).
See definition under Section 19.904.020 of Division 9, Sign Regulations.
Sign, projecting.
See definition under Section 19.904.020 of Division 9, Sign Regulations.
Sign, roof.
See definition under Section 19.904.020 of Division 9, Sign Regulations.
Sign structure.
See definition under Section 19.904.020 of Division 9, Sign Regulations.
Sign structure, ground.
See definition under Section 19.904.020 of Division 9, Sign Regulations.
Sign, temporary.
See definition under Section 19.904.020 of Division 9, Sign Regulations.
Sign, wall.
See definition under Section 19.904.020 of Division 9, Sign Regulations.
Sign, window.
See definition under Section 19.904.020 of Division 9, Sign Regulations.
Single-family zone.
"Single-family zone" means any of the zones listed under the heading of Single-family zones in Section 19.104.040.
Site.
"Site" means one or more lots developed or used, or intended to be developed or used, under unified ownership, control, or management.
Small group adult day care home.
"Small group adult day care home" means a licensed community care facility for the regular care and supervision of 6 or fewer elderly, developmentally disabled adults, or mentally disordered adults in a home-like environment within the licensee's own residence for periods less than 24 hours with incidental non-acute medical care, as defined and licensed under the Community Care Licensing Division of the State Department of Social Services.
Small group care home.
"Small group care home" means a licensed community care facility for the 24 hour care of 6 or fewer persons in a detached single-family dwelling occupied by the licensee with incidental, non-acute medical care and supervision pursuant to the California Community Care Facilities Act. (See California Health and Safety Code Section 1500 et seq.) Medical care does not include acute psychiatric or nursing care. In no way shall the structure or the appearance of the premises be altered or remodeled inside or outside, other than alterations of accessibility for the physically handicapped, nor conditions or situations be created on the premises that would alter the residential character of the structure or the zone in which the facility is located. This definition does not include a rest home, a sanatorium, or a boardinghouse or lodging house for transient quarters.
Small group child day care home.
"Small group child day care home" means a licensed community care facility for the regular, non-medical care and supervision of 14 or fewer children in a home-like environment within the licensee's own residence for periods less than 24 hours, as defined and licensed under the Community Care Licensing Division of the State Department of Social Services.
Story.
"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it, but not including any such portion where more than one-half of vertical dimension of the floor-to-floor space is below the average abutting ground level.
Street.
"Street" means a right-of-way dedicated or intended to be dedicated for public use for the movement of vehicles and access to abutting property. This definition includes a highway, but does not include an alley, walkway, or freeway.
Structure.
"Structure" means anything constructed or erected which requires a fixed location on the ground or is attached to something having a fixed location on the ground, but not including outdoor paving, curbs, walks, or other outdoor surfaces and features which are entirely at ground level.
Subject property.
"Subject property" means the lot or site under consideration or to which a regulation is being applied.
Supportive housing.
"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, as that term is defined in Section 11302 of Title 42 of the United States Code, or who are "homeless youth," as that term is defined by paragraph (2) of subdivision (e) of Section 12957 of the Government Code, and is linked to an onsite or offsite service that assists 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, pursuant to Government Code Section 65582. "Transitional housing" is defined as buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance, pursuant to Government Code Section 65582.
Supportive services.
"Supportive services" means services that are provided on a voluntary basis to residents of supportive housing and transitional housing, including, but not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, benefits advocacy, and other services or service referrals necessary to obtain and maintain housing.
Swap meet, outdoor, or flea market.
"Outdoor swap meet" or "flea market" means any meeting or assembly or other public gathering for the purpose of offering to the public new or used merchandise, articles or any other things of value for sale or exchange, which meeting, assembly or gathering does not exceed three consecutive days in duration on any single occasion and is conducted not less than once every two months.
Swap meet, indoor.
"Indoor swap meet" means any indoor facility without a predominant use that maintains a single business license and occupies a minimum 80 percent of the available floor area, and that contains multiple vendor or tenant spaces, stalls, or booths from which food is sold (excluding "food courts"), or new or used merchandise or craftwares are sold to, exchanged, or bought by the public or other vendors. Any facility bearing the name of or otherwise being promoted as a swap meet or flea market shall constitute a swap meet for purposes of this definition. Any interior multiple tenant facility used for the sale of merchandise that does not constitute a "shopping mall" as defined in Section 19.556.050(M) of this Title shall constitute an indoor swap meet. Indoor swap meets are subject to the provisions of Section 19.552.111 of this Title.
Tanning salon.
"Tanning salon" means a commercial establishment that provides indoor tanning services to the public, where customers can use ultraviolet (UV) tanning beds, booths, or other similar equipment for skin tanning purposes. This use may also include related ancillary services such as spray tanning, skin care, and the sale of tanning products, but excludes medical facilities or practices providing tanning or light therapy for medical purposes.
Tobacco retailer's license.
"Tobacco retailer's license" or "licensee" shall mean a license issued by the City pursuant to Chapter 5.60 of the Buena Park Municipal Code, that authorizes the person licensed to operate sell tobacco products or otherwise engaging in tobacco retailing in the City.
Tobacco shop.
"Tobacco shop" or "tobacco retailer" means any person who sells, offers for sale, or otherwise exchanges or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia; and "tobacco retailing" shall mean a person doing or engaging in any of the foregoing. This definition is without regard to the quantity of tobacco products or tobacco paraphernalia sold, offered for sale, exchanged or offered for exchange.
Trailer.
"Trailer" means a vehicle without motive power, designed to be drawn by a motor vehicle, for the transporting of personal property, but not including trailers designed for human habitation such as a recreational vehicle.
Transitional housing.
"Transitional housing" means housing with supportive services for up to 24 months that is exclusively designated and targeted for recently homeless persons. Transitional housing includes self-sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing as quickly as possible, and limits rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development's requirements for subsidized housing for low-income persons. Rents and service fees paid for transitional housing may be reserved, in whole or in part, to assist residents in moving to permanent housing.
Tuck under parking.
"Tuck under parking" means a type of parking design where parking spaces are located directly beneath all or a portion of a residential or mixed-use building, typically under residential units or commercial space. Tuck under parking shall be partially (minimum of 5 feet) or fully below grade and the garage may not face a public right-of-way.
Use.
"Use" means the type of activity or occupancy occurring or intended to occur at a given location.
Use, accessory.
"Accessory use" means an activity or use of property which is subordinate, directly related, and supportive to a primary use located on the same premises. An accessory use is necessarily or customarily associated with a primary use in an interdependent relationship.
Use, incidental.
"Incidental use" means an activity or use of property which is secondary to a primary use located on the same premises. An incidental use is directly or indirectly related to a primary use, but is not essential to the conduct of the primary use, nor interdependent with the primary use to the same degree as an accessory use.
Use, primary.
"Primary use" means a use which is not incidental or accessory to some other use on the same premises.
Walkway.
"Walkway" means a public or private way exclusively for the use of pedestrians.
Wild animal.
"Wild animal" means any animal, reptile, fowl, or fish which is not tame or gentle as found in nature, but is of a wild nature or disposition or which is known to be vicious or which must be kept in confinement to be brought within the immediate power of the owner(s).
Working day.
"Working day" means a day when the administrative offices of the City of Buena Park are open to the public for at least four hours.
Yard.
"Yard" means an open area between a building and a lot line of the lot upon which the building is located.
Yard, front.
"Front yard" means a yard extending across the full width of a lot between the front lot line and any main building, including the projection of the main building to the side lot lines. (See Diagram 3 at the end of this chapter.)
Yard, rear.
"Rear yard" means a yard extending across the full width of a lot between the rear lot line and any main building, including the projections of the main building to the side lot lines. (See Diagram 3 at the end of this chapter.)
Yard sale.
"Yard sale" means a temporary sale of household items on residential premises.
Yard, side.
"Side yard" means a yard extending from the front yard to the rear yard between the side yard line and any main or accessory building. In the case of a side yard abutting a street, the side yard is considered as extending from the front yard to the rear lot line. (See Diagram 3 at the end of this chapter.)
Yard, side, zero.
"Zero side yard" means the placement of a main building at or along a side lot line so that there is no side yard between the building and that lot line.
Diagram 1
Illustration of Building Height Measurement
_ZN--Image-2.tif
Diagram 2
Illustration of Relationship Among Driveways, Parking Aisles, and Parking Spaces
_ZN--Image-1.tif
Diagram 3
Illustration of Lot Line and Yard Designations
_ZN--Image-3.tif
(Ord. 1754, 6/24/2025)

§ 19.108.010 Types of Procedures.

The procedures to be utilized in changing and administering this Title include the following:
A. 
Legislative Procedures.
1. 
Text Change. Any ordinance or amendment changing the wording of this Title.
2. 
Zone Change. Any ordinance or amendment changing a zone boundary as shown on the Zoning Map (Section 19.104.060).
3. 
Adoption or Amendment of Standards. Procedure for approval of detailed standards required or authorized by provisions of this Title to supplement the ordinance regulations.
B. 
Administrative Procedures.
1. 
Interpretation. A means of resolving uncertainties or ambiguities in the meaning of any provision of this Title. Such interpretations are uniformly applicable to all subsequent situations in which the same set of circumstances is present. In addition, the interpretation procedure may be used to make minor adjustments of zone boundaries to conform to lot lines or to resolve uncertainty as to the precise location of a zone boundary.
2. 
Conditional Use Permit. A discretionary action concerning a specified land use and pursuant to criteria set forth in this Title, to determine whether such use will be permitted at a given location and to determine the conditions or limitations on development in each case.
3. 
Conditional Use Permit for Residential Condominium. Similar to the conditional use permit procedure described in subsection B.2 of this section, but with additional steps and requirements due to the special nature of a condominium development.
4. 
Site Plan Review. The review and conditional approval of development plans for specified categories of development or when required as a condition of approval under some other procedure, in order to ensure the intent of this Title is met with regard to site arrangement, functional effectiveness, landscape design, architectural quality, and other pertinent attributes.
5. 
Zoning Sign Permit. A review and approval of signing plans to ensure compliance with established standards in areas designated for special care and consistency in signing programs.
6. 
Underground Utilities Waiver. A means of waiving requirements for underground placement of utility lines when found to be impractical or an unnecessary hardship.
7. 
Adjustment. A simplified procedure for considering minor deviations from zoning regulations for reasons of practicality or improved design.
8. 
Zoning Compliance Review. A routine check to ensure that zoning requirements are met before some other permit is issued.
9. 
Interdepartmental Review. A simplified procedure for projects which do not require adjustments or deviations from the regulations set forth in this Title and meet the goals and policies of the General Plan.
10. 
Streamlined Ministerial Review. An implementation of Section 65913.4 of the Government Code by providing a streamlined review and approval process for qualifying affordable housing projects shall be processed via an Interdepartmental Review.
C. 
Quasi-Judicial Procedures.
1. 
Variance. A determination, under criteria established in State law and this Title, allowing deviation from the literal application of regulations of this Title, in cases where the effect of the literal application of the regulations would produce results contrary to the intent of this Title, and would unequally discriminate against particular property because of unusual or unanticipated circumstances pertaining to such property.
2. 
Extension of Nonconformity Privilege. Procedure for changing the allowed time period during which a legal nonconforming situation may continue to exist in those cases where the standard time period set forth in this Division is found to be unreasonable. The procedure may also be applied to changes or expansions of nonconforming situations.
3. 
Revocation. Procedure for revoking any specific development approval when violations of zoning requirements or other laws are found to have occurred.
(Ord. 1754, 6/24/2025)

§ 19.108.020 Applications.

A. 
Form and Information Required. For all applications to initiate a procedure under this Division, the form of the application and the nature of the information to be submitted therewith shall be as prescribed by the Director for each type of application.
B. 
Acceptance.
1. 
The Director shall be responsible for the acceptance of all such applications. No application shall be accepted until:
a. 
All required information is submitted, including an environmental impact report when required (see Section 19.108.060);
b. 
At least six months has passed since final action on any previously denied application for substantially the same matter;
c. 
The required application fee has been paid.
2. 
As soon as possible, but in no case later than thirty days after receipt of an application, the Director shall determine in writing if such application is complete, and immediately transmit such determination to the applicant. If an application is determined not to be complete, the Director's determination shall specify the deficiencies and the manner in which the application can be made complete. (See California Government Code Sections 65943 and 65944.)
3. 
Upon determination that an application is complete and meets the requirements for acceptance, or expiration of the thirty-day period if no determination regarding completeness is made, the application shall be deemed accepted. (See California Government Code Section 65943.)
(Ord. 1754, 6/24/2025)

§ 19.108.030 Initiation by City.

When prescribed by provisions of this chapter for specific procedures, proceedings may be initiated by order of the City Council, Planning Commission, Director, or other public official or body so authorized.
(Ord. 1754, 6/24/2025)

§ 19.108.040 Interchangeability.

An application or other initiation of proceedings under any procedure set forth in this Division may be considered as an initiation of proceedings under any other procedure set forth in this Division; provided that, for each action taken, the procedural steps required for that action have been accomplished and the applicable fees paid.
(Ord. 1754, 6/24/2025)

§ 19.108.050 Fees.

A. 
A schedule of fees shall be adopted (and revised from time to time as deemed necessary) by resolution of the City Council. (See California Government Code Section 66012, et seq.)
B. 
When a proceeding is initiated by application or written request as authorized in this Title 19, a fee shall be paid to the City by the applicant or appellant in the amount set forth in the currently adopted schedule of fees.
C. 
No fee shall be required when a proceeding is initiated by action of an officer or official body of the City.
D. 
No fee shall be refunded except upon order of the City Council for good cause shown.
(Ord. 1754, 6/24/2025)

§ 19.108.060 Environmental Review.

A. 
For purposes of applying procedural time limits under this Division, a procedure will not be considered to have been initiated until one of the following has occurred pursuant to the California Environmental Quality Act:
1. 
Notice of completion of a draft environmental impact report has been filed;
2. 
Notice of a negative declaration has been made; or
3. 
The Director determines that the proposed zoning matter is exempt from, or does not constitute a project under, the California Environmental Quality Act.
B. 
If, after having determined otherwise, it is determined that either a negative declaration or an environmental impact report is required, or that a supplement to a draft environmental impact report is required, the running of time limits applicable to the zoning procedure shall be suspended until the applicable environmental review step has been accomplished.
C. 
Any hearing on an environmental impact report shall be held before or concurrently with the last hearing to be held on a zoning matter to which it relates.
D. 
Certification of final environmental impact report or adoption of a negative declaration, when required, shall be made prior to a final decision on a zoning matter.
(Ord. 1754, 6/24/2025)

§ 19.108.070 Investigation.

Except as otherwise directed by the City Manager, for each matter initiated under a procedure established by this Division, the Director shall cause an investigation to be made and a report prepared providing factual information and recommendations as appropriate for action in accordance with the provisions of this Division. (See California Government Code Section 65804(d).)
(Ord. 1754, 6/24/2025)

§ 19.112.010 Setting of Hearings.

A. 
Planning Commission Hearings.
1. 
Except for matters considered by or appealed from the Zoning Administrator, when a public hearing is required on a zoning matter, the first such hearing shall be held by the Planning Commission.
2. 
Except as otherwise provided in this Division, when a public hearing is to be held by the Planning Commission, the Director shall set the time and place for such hearing. The time of such hearing shall be at least ten days and not more than forty days after the acceptance of an application or the receipt of written notice or other instruction from the Planning Commission or City Council initiating the matter.
B. 
Council Hearings.
1. 
When a public hearing is required on a zoning matter following any decision or recommendation by the Planning Commission or Zoning Administrator, such hearing shall be held by the City Council.
2. 
Upon acceptance of an appeal, or receipt of a written report from the Planning Commission, Director, or Zoning Administrator on a matter required to be heard by the City Council, the City Clerk shall set the time and place for such hearing. The time of such hearing shall be at least ten days and not more than forty days after the end of the period for filing an appeal or after receipt of the report.
(Ord. 1754, 6/24/2025)

§ 19.112.020 Notice of Hearings.

A. 
Time. Notice of each public hearing shall be given at least ten calendar days before the date set for such hearing. (See California Government Code Sections 65854 and 65856.), except if a proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, notice of the hearing shall be given pursuant to Sections 65090 and 65091, except that the notice shall be published, posted, mailed, and delivered, or advertised, as applicable, at least 20 days before the hearing.
B. 
Content. Each notice of public hearing shall include the following information (see California Government Code Sections 65854, 65854(b) and 65856):
1. 
Time and place of the hearing;
2. 
Who will conduct the hearing;
3. 
A general explanation of the matter to be considered, including the type and magnitude of any proposed changes in development or development regulations;
4. 
Identification of subject property and the area affected;
5. 
Where further information can be obtained;
6. 
A statement of the right to appear and be heard.
C. 
Publication of Notice. When newspaper publication of a notice of public hearing is required, such notice shall be published at least once in a newspaper of general circulation which is published and circulated in the City (or in the area affected if the matter is a pre-zoning of a proposed annexation to the City. (See California Government Code Sections 65854 and 65856.)
D. 
Posting of Notice. Posting of notices of public hearing in the vicinity of property affected may be directed by the City Council or the Planning Commission, but shall not be required when notice is given by other means pursuant to this Division and State law.
E. 
Notice to Owners of Property Within Three Hundred Feet.
1. 
When notice of a public hearing is required to be given to owners of property located within three hundred feet of the subject property, such notice shall be made by delivery by City employees or by first class mail to all persons, including businesses, corporations, or other public and private entities, shown on the last equalized assessment roll as owning real property which is located within three hundred feet of the subject property. (See California Government Code Sections 65854(a), 65901 and 65905.)
2. 
If the matter to be considered is a legislative matter as identified in Section 19.108.010, and the number of owners to whom notice would be sent pursuant to subsection E.1 of this section is greater than one thousand, notice may be given by either of the following methods in lieu of the method described in subsection E.1 of this section:
a. 
By placing a display advertisement of at least one-fourth page in a newspaper of general circulation in the area affected; or
b. 
By placing an insert in any generalized first class mailing sent by the City to property owners in the area affected. (See California Government Code Section 65854(b).)
F. 
Notice to Owners of Adjacent Property. When notice of a public hearing is required to be given to owners of adjacent property, such notice shall be made by delivery by City employees or by first class mail to all persons, including businesses, corporations, or other public and private entities, shown on the last equalized assessment roll as owning real property which is adjacent to the property or zone boundary directly involved in the matter under consideration.
G. 
Notice to Persons Requesting Notice. For all public hearings on zoning matters, in addition to other notices, notice shall be given by first class mail to any person who has filed a written request therefor with the Commission. Such a request shall be effective for the balance of the calendar year in which the request is submitted. A reasonable fee for this service may be established by the City Council for the purpose of recovering the cost thereof. (See California Government Code Sections 65854 and 65856.)
H. 
Responsibility for Giving Notice. The officers responsible for giving required notices of public hearings shall be as follows:
1. 
Notices of Zoning Administrator meetings and hearings shall be given by the Zoning Administrator.
2. 
Notices of Planning Commission hearings shall be given by the Commission secretary.
3. 
Notices of City Council hearings shall be given by the City Clerk.
(Ord. 1754, 6/24/2025)

§ 19.112.030 Conduct of Hearings.

A. 
Rules.
1. 
The City Council, Planning Commission, and Zoning Administrator shall adopt and publish rules for the conduct of their respective hearings or meetings on zoning matters. (See California Government Code Section 65804(a).)
2. 
When a City staff report exists concerning a zoning matter, such report shall, if possible, be made available to the public prior to any subsequent public hearing on the matter and shall be presented and made a part of the public record at the beginning of any such hearing. (See California Government Code Section 65804(c), (d).)
B. 
Continuance. Any hearing on a zoning matter may be continued from time to time and place to place, provided the time and place to which continued is announced prior to adjournment of the meeting from which continued. (See California Government Code Sections 65854 and 65856.)
C. 
Record of Hearing. When a zoning matter is contested and a prior written request is made to the body conducting a hearing on the matter, a record of the hearing shall be made, preserved for a period of at least one year, and copies made available to any interested party at cost. A deposit may be required with such request. (See California Government Code Section 65804(b).)
(Ord. 1754, 6/24/2025)

§ 19.116.010 Findings.

A. 
For each discretionary decision under a procedure prescribed by this Division, whether made by the City Council, Planning Commission, Director, or Zoning Administrator, written findings shall be adopted pertinent to the applicable criteria of State law and this Division based upon the investigation, hearings, and record of the case.
B. 
When decisions under more than one type of zoning procedure are being made concurrently with respect to the same subject property or subject matter, the findings and decision for each such procedure shall be separately identified.
(Ord. 1754, 6/24/2025)

§ 19.116.020 Form of Decision.

Except as otherwise required:
A. 
Decisions of the City Council and Planning Commission shall be made by either resolution or motion;
B. 
Decisions of the Director or Zoning Administrator shall be in writing and signed by that official or an authorized deputy.
(Ord. 1754, 6/24/2025)

§ 19.116.030 Vote Required.

A. 
Except as otherwise required, actions on zoning matters by the City Council or Planning Commission shall require the concurring vote of a majority of the members present, with a quorum present.
B. 
In the case of an action by the City Council which is not in accordance with the recommendation of the Planning Commission, the concurring vote of a majority of all members of the Council shall be required.
(Ord. 1754, 6/24/2025)

§ 19.116.040 Time Limits.

A. 
On a zoning matter to be decided by the Zoning Administrator or Director, such decision shall be made within forty days after acceptance of the application or other initiation of the matter. An extension of this time limit may be made only with the consent of the applicant or body initiating the matter.
B. 
On a zoning matter initiated by application, the Planning Commission shall make its recommendation or decision within forty days after opening its first hearing on the matter or, if no hearing is held, within forty days after acceptance of the application. The Planning Commission may extend the time limit prescribed for its action only with the consent of the applicant and only to the extent such extension is not in conflict with other laws.
C. 
On a zoning matter initiated by the Planning Commission, the Commission shall act within one hundred eighty days of such initiation, or such other period as may be requested by the City Council.
D. 
On a zoning matter initiated by the City Council and referred to the Planning Commission, and on any matter referred back to the Commission by the City Council after previous consideration by the Commission, the Commission shall act within forty days after referral, or such longer period as may be set by the City Council. (See California Government Code Sections 65853 and 65857.)
E. 
For any zoning matter initiated by the City Council, the Council shall act within one hundred eighty days of such initiation unless extended by the Council for good cause. For any other zoning matter presented to the City Council, the Council shall act within forty days after opening its first hearing on the matter; or, if no hearing is held on the matter, within forty days after the Council receives the matter; or, if referred back to the Planning Commission, within forty days after receipt of the Commission's report or within forty days after expiration of the Commission's time limit for such report. The Council may extend the period for its action for good cause shown.
(Ord. 1754, 6/24/2025)

§ 19.116.050 Failure to Act.

A. 
Failure of the Director or Zoning Administrator to act on a zoning matter within a time limit prescribed by this Division shall be deemed to be a disapproval unless the time limit is extended by mutual agreement with the applicant or initiator of the matter.
B. 
On a zoning matter referred to the Planning Commission by the City Council, failure of the Planning Commission to act within a prescribed time limit shall be deemed to be an approval. (See California Government Code Section 65853.) On other matters, failure of the Commission to act within a prescribed time limit shall be deemed to be a disapproval upon the filing by the applicant of a written notice with the Director, even though the time limit may have been extended with consent of the applicant.
C. 
On a zoning matter under consideration by the City Council, failure of the Council to act within a prescribed time limit shall be deemed to be a disapproval upon the filing by the applicant of a written notice with the City Clerk, even though the time limit may have been extended.
(Ord. 1754, 6/24/2025)

§ 19.116.060 Notice of Decision.

A. 
For each decision on a zoning matter, within five working days after such decision is made, notice of the decision shall be sent by first class mail or delivered by a City employee to the applicant or other person initially requesting consideration of the matter and to any other person who has filed a written request for such notice with the officer responsible for giving such notice.
B. 
Responsibility for giving notice of decisions shall be as follows:
1. 
The Director and Zoning Administrator shall each give notice of their respective decisions.
2. 
The Planning Commission secretary shall give notice of Planning Commission decisions.
3. 
The City Clerk shall give notice of City Council's decision.
C. 
Upon the final approval of a zone change, conditional use permit, or variance, the responsible officer as identified above shall, within thirty days, and on behalf of the City Council, notify the County Assessor of the action. (See California Government Code Section 65863.5.)
(Ord. 1754, 6/24/2025)

§ 19.120.010 Appellate Authority.

A. 
Decisions of the Zoning Administrator shall be final unless appealed. Such appeal shall be made directly to the City Council. (See California Government Code Sections 65903 and 65904.)
B. 
All decisions of the Director made under provisions of this Division are appealable to the Planning Commission.
C. 
All decisions of the Planning Commission are appealable to the City Council.
(Ord. 1754, 6/24/2025)

§ 19.120.020 Appellants.

Any interested party is eligible to file an appeal on any zoning matter which is subject to appeal. (See California Government Code Section 65856.)
(Ord. 1754, 6/24/2025)

§ 19.120.030 Time for Filing of Appeal.

An appeal must be filed within ten working days after the date of action by the Planning Commission or within ten working days after the date of decision by the Zoning Administrator or Director.
(Ord. 1754, 6/24/2025)

§ 19.120.040 Form of Appeal.

An appeal shall be in writing and shall include:
A. 
Identification of the matter being appealed, including case number, property location, deciding officer or body, and decision date;
B. 
The specific aspects of the decision being appealed.
(Ord. 1754, 6/24/2025)

§ 19.120.050 Receipt of Appeals.

A. 
All appeals on zoning matters shall be filed with the City Clerk together with any required appeal fee as set forth in the current schedule of fees adopted pursuant to Section 19.108.050. The City Clerk shall cause the date and time of receipt of each appeal to be endorsed thereon.
B. 
If the information included with an appeal is found by the City Clerk to be deficient, the City Clerk shall notify the appellant by U.S. certified mail as to the particulars of the deficiencies. If such deficiencies are not corrected within ten working days of such notice, the appeal shall be deemed withdrawn.
(Ord. 1754, 6/24/2025)

§ 19.120.060 Transmittal of Record upon Appeal.

Upon acceptance of an appeal, the City Clerk shall notify the Director, and the Director shall transmit to the appellate body a summary of factual data and a record of the action taken on the matter being appealed. Such information shall be before the appellate body prior to its consideration of the appeal.
(Ord. 1754, 6/24/2025)

§ 19.120.070 Consideration of Appeal.

Each appeal shall be considered de novo. Insofar as applicable and unless otherwise provided in this Title 19, the appellate body shall follow the same procedure and apply the same criteria as prescribed for the original proceeding on a matter. When an appeal hearing is required or held, notice shall be given in the same manner as prescribed for hearing in the original proceeding; or, if no previous hearing was required, in such manner as deemed appropriate by the appellate body.
(Ord. 1754, 6/24/2025)

§ 19.120.080 Appellate Decision.

An appellate body may affirm, modify, or reverse the decision appealed from. If the previous decision is not affirmed, the appellate decision shall be supported by written findings.
(Ord. 1754, 6/24/2025)

§ 19.120.085 City Council Review of Decisions of the Planning Commission.

A. 
Planning Commission actions may be reviewed by the City Council in the event that any member of the City Council believes that the action has City-wide importance and should be reviewed and determined by the elected officials of the City.
B. 
Within ten working days after the date of action by the Planning Commission, any member of the City Council may request that an action by the Planning Commission be reviewed by the City Council The Planning Commission decision will be stayed until the City Council completes its proceedings in accordance with the provisions of this section.
C. 
The City Clerk shall set the review hearing within forty days from the date a member of the City Council requests that the Planning Commission action be reviewed.
D. 
The review hearing shall be conducted as a de novo hearing and shall follow the same procedure and apply the same criteria as prescribed for the original proceeding on the matter. Notice of the review hearing shall be given in the same manner as prescribed for the hearing in the original proceeding, or, if no previous hearing was required, in such manner as deemed appropriate by the City Council.
E. 
The City Council may act to uphold, overturn, or otherwise modify the Planning Commission's action on the proposal, or the City Council may remand the matter back to the Planning Commission for further review and direction.
F. 
The decision of the City Council, supported by findings, shall be set forth in full in a resolution. A copy of the decision shall be sent to the applicant in the matter reviewed. The action of the City Council shall be final and conclusive.
(Ord. 1754, 6/24/2025)

§ 19.120.090 Irregularities in Proceedings.

Any irregularity in any procedure set forth in this Title 19 shall not invalidate the proceeding if there is compliance with the minimum requirements of state law.
(Ord. 1754, 6/24/2025)

§ 19.124.010 Text Change.

A. 
Any ordinance or amendment to change or amend the provisions of this Title, except a change in the Zoning Map, shall be considered in accordance with the procedure set forth in this section.
B. 
Initiation. A text change may be initiated only by order of the City Council, Planning Commission, or Director of Development Services.
C. 
Commission Hearing. On a proposed text change, at least one public hearing shall be held by the Planning Commission. Notice of such hearing shall be given by newspaper publication as provided in subsection C of Section 19.112.020. (See California Government Code Section 65854.)
D. 
Commission Recommendation. The Planning Commission shall make written findings and recommendations to the City Council on each proposed text change. Such report shall include:
1. 
Explanation of the relationship to the General Plan and any applicable Specific Plans. (See California Government Code Section 65855.)
2. 
Consideration of the effect of the proposal on the housing needs of the region balanced against the public service needs of City residents and the fiscal and environmental resources available. (See California Government Code Section 65863.6.)
E. 
Council Hearing.
1. 
The City Council shall hold at least one public hearing on the recommendation of the Planning Commission concerning a proposed text change. Notice of such hearing shall be given by newspaper publication as provided in subsection C of Section 19.112.020. (See California Government Code Section 65856.)
2. 
If the City Council proposes any modification from the Planning Commission recommendation which was not previously considered by the Commission, the proposal shall be referred back to the Commission for report and recommendation, but further Commission hearing is not required. (See California Government Code Section 65857.)
F. 
Council Action. Action to adopt a text change shall be by ordinance. When an ordinance for a text change has been considered by the City Council but not adopted within one year of introduction, the proceedings shall be considered null and void. New proceedings must be initiated in order to consider the matter further.
(Ord. 1754, 6/24/2025)

§ 19.124.020 Interim Ordinances.

Without following the procedures otherwise required in order to amend this Title, including the Zoning Map, the City Council, to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with a contemplated zoning proposal which the Council, Planning Commission, or Director is considering or studying or intends to study within a reasonable time, as provided by state law. (See California Government Code Section 65858.)
(Ord. 1754, 6/24/2025)

§ 19.124.030 Zone Change.

A. 
Any ordinance which changes any property from one zone designation to another shall be considered in accordance with the procedure set forth in this section.
B. 
Initiation. A zone change may be initiated by order of the City Council or the Planning Commission, or by application of the owner(s) of affected property or an agent of the owner(s) authorized in writing.
C. 
Commission Hearing. On a proposed zone change, at least one public hearing shall be held by the Planning Commission. Notice of such hearing shall be given by notice to property owners within three hundred feet as provided in subsection E of Section 19.112.020. (See California Government Code Section 65854.)
D. 
Commission Recommendation. The Planning Commission shall make written findings and recommendations to the City Council on each proposed zone change. Such report shall include:
1. 
Explanation of the relationship to the General Plan and any applicable Specific Plans (see California Government Code Section 65855);
2. 
Consideration of the effect of the proposal on the housing needs of the region balanced against the public service needs of City residents and the fiscal and environmental resources available. (See California Government Code Section 65863.6.)
E. 
Further Action or Appeal.
1. 
If the Planning Commission recommends against a proposed zone change, no further action by the City Council is required unless an appeal is filed. (See California Government Code Section 65856.)
2. 
If the Planning Commission recommends approval of a zone change, the City Council shall take action on such recommendation.
F. 
Council Hearing.
1. 
If the City Council considers a proposed zone change, at least one hearing shall be held. Notice of such hearing shall be given by notice to property owners within three hundred feet as provided in subsection E of Section 19.112.020. (See California Government Code Section 65856.)
2. 
If the City Council proposes any modification from the Commission's recommendation which was not previously considered by the Commission, the proposal shall be referred back to the Commission for report and recommendation, but further Commission hearing is not required. (See California Government Code Section 65857.)
G. 
Council Action. Action to adopt a zone change shall be by ordinance. When an ordinance for a zone change has been considered by the Council but not adopted within one year of introduction, the proceedings are considered null and void. New proceedings must be initiated in order to consider the matter further.
(Ord. 1754, 6/24/2025)

§ 19.124.040 Pre-zoning.

The City may pre-zone areas outside the City for the purpose of determining the zoning that will apply to such property in the event of annexation to the City. The method of accomplishing such pre-zoning is as provided in Section 19.124.030, with notice of public hearings as provided in subsection C of Section 19.112.020. Such zoning shall become effective at the same time that annexation becomes effective. (See California Government Code Section 65859.)
(Ord. 1754, 6/24/2025)

§ 19.124.050 Adoption or Amendment of Supplementary Standards.

A. 
When the provisions of this Title allow or require the use of standards to supplement the provisions contained in this Title, such standards shall be considered in accordance with the procedure set forth in this section.
B. 
Initiation. Preparation or amendment of supplementary zoning standards may be initiated by order of the City Council or the Planning Commission, or by the Director.
C. 
Preparation. The Director is responsible for preparing proposed standards for consideration.
D. 
Commission Hearing. A public hearing on proposed standards shall be noticed and held by the Planning Commission in the same manner as provided for a text change under subsection C of Section 19.124.010.
E. 
Commission Recommendation. After public hearing, the Planning Commission shall make its written report and recommendation to the City Council in the same manner as provided for a text change under subsection D of Section 19.124.010.
F. 
Council Hearing. Upon receipt of the recommendation of the Planning Commission, a public hearing shall be noticed and held by the City Council in the same manner as provided for a text change under subsection E of Section 19.124.010.
G. 
Council Action. After public hearing, the City Council shall, by resolution, adopt, modify and adopt, or disapprove the standards recommended by the Planning Commission, or refer the matter to the Commission for further study.
(Ord. 1754, 6/24/2025)

§ 19.128.010 Administrative Interpretation.

A. 
The purpose of this section is to provide a means for resolving uncertainty or ambiguity as to the meaning or intent of any provision of this Title, including:
1. 
Further definition and enumeration of the uses permitted in the various zones;
2. 
Determination of parking space requirements for uses not specifically listed in the vehicular provisions of this Title 19;
3. 
Determination of the precise location of zone boundaries, or minor adjustment thereof to conform to lot lines.
B. 
Except in the case of zone boundary determinations, each interpretation made under this section is generally applicable to all future situations of the same type and with similar circumstances, and is not limited or directed to specific properties or circumstances thereon.
C. 
Initiation. The preparation of an interpretation may be initiated by order of the City Council or the Planning Commission, by the Director, or by the written request of any interested party filed with the Director. An interpretation shall not be initiated when a text change or zone change involving the same issue has been initiated and is still under consideration.
D. 
Basis for Interpretation. An interpretation shall be based upon an examination of the intent of this Title considering all the relevant provisions thereof, and shall be consistent with such intent. Careful consideration shall be given to the similarities and differences among the uses permitted, development standards, and other regulations applicable in the various zones.
E. 
Preparation. Within forty days after the initiation of an interpretation request, the Director shall prepare a written interpretation and transmit it to the City Council and Planning Commission.
F. 
Notice. Upon transmittal of an interpretation to the City Council and Planning Commission, public notice that such interpretation has been prepared shall be given in the same manner as for a text change (subsection C of Section 19.112.020), or in the case of a zone boundary determination, notice shall be made to owners of property adjacent to the involved boundary as provided in subsection F of Section 19.112.020. The notice shall explain that the interpretation may become effective without a hearing unless a written request for a hearing is received.
G. 
Commission Hearing and Action.
1. 
If a written request for a hearing is received from any interested party within ten working days after notice is made, the Planning Commission shall conduct such hearing. If no such request is made, the Commission may consider the matter without hearing, and the matter may be placed on the Commission agenda as a consent calendar item.
2. 
The Planning Commission may adopt, modify, or disapprove an interpretation as submitted by the Director, or may refer the matter back to the Director for further study. The Planning Commission shall act within forty days after transmittal of an interpretation from the Director, except that a referral back to the Director is considered as an initiation of an other interpretation.
3. 
Planning Commission action on an interpretation is final unless appealed. Failure to act is deemed to be an approval.
H. 
If the Planning Commission action on an interpretation is appealed, the City Council shall hear and decide the matter with notice given in the same manner as the initial notice under subsection F of this section.
(Ord. 1754, 6/24/2025)

§ 19.128.020 Conditional Use Permit.

A. 
Purpose. Certain types of uses and development situations, as designated in this Title, require special consideration of the unique circumstances of each case in order to ensure that the intent of this Title 19 is adequately implemented. Those developments subject to a conditional use permit shall follow the procedure set forth in this section.
B. 
Authority. The Planning Commission shall have authority to grant conditional use permits, subject to appeal to the City Council, except the Zoning Administrator shall have such authority for those conditional use permit matters involving existing facilities and development when not more than a twenty percent expansion of floor area is involved. In case of uncertainty as to assignment of authority over a specific application, the Director shall determine which body shall have jurisdiction.
C. 
Initiation. A conditional use permit procedure may be initiated only by application of the owner(s) (or authorized agent) of the subject property.
D. 
Hearing. A public hearing shall be held on each application for a conditional use permit, with notice given to property owners within three hundred feet as provided in subsection E of Section 19.112.020. The hearing shall be conducted by the Planning Commission or Zoning Administrator, whichever has jurisdiction in the case.
E. 
Findings.
1. 
A conditional use permit may be approved if affirmative findings are made based upon the following criteria:
a. 
The proposed use and development is consistent with the General Plan and any applicable specific plans;
b. 
The site is adequate in size, shape, topography, location, utilities, and other factors, to accommodate the use and development;
c. 
Adequate street access and traffic capacity are or will be available to serve the proposed development as well as existing and anticipated development in the surrounding area;
d. 
Adequate utilities and public services are or will be available to serve the proposed development as well as existing and anticipated development in the surrounding area;
e. 
The use and development will be compatible with the intended character of the area;
f. 
Any criteria set forth elsewhere in this Title for the approval of the specific use and development will be satisfied, including:
(i) 
For certain specific uses, those criteria set forth in Chapters 19.348, 19.448, 19.552, and 19.652,
(ii) 
For uses in the PD Overlay Zone, those additional criteria set forth in Sections 19.412, 19.512.020, and 19.612;
g. 
Any adverse effects of the use and development are justified and fully balanced by offsetting benefits to the public interest.
2. 
A conditional use permit may be disapproved if affirmative findings based on the above criteria are not made or conditions cannot be imposed to adequately mitigate any adverse findings.
F. 
Conditions.
1. 
Any approval of a conditional use permit shall include conditions applicable to the approved use and development which will implement the intent of this Title, protect the public health, safety, and welfare, and ensure development in accordance with approved plans.
2. 
No condition shall be imposed which requires the dedication of land or the construction of improvements, or bonding to guarantee construction of improvements, if such dedication or improvements are not reasonably related to the use permitted. (See California Government Code Section 65909.)
G. 
Decisions.
1. 
The action of the Planning Commission or Zoning Administrator is final unless appealed in writing to the City Clerk within ten working days.
2. 
The effective date of such approval shall commence upon the date that the applicant files an acceptance of the terms of the approval with the Director, but in no case prior to the expiration of the appeal period.
H. 
Minor Modification of Conditions.
1. 
After a conditional use permit has become effective, minor modifications of the conditions of such permit may be made in accordance with the provisions of this subsection.
2. 
Consideration of minor modifications of conditions may be initiated only by application of the owner(s) (or authorized agent) of the subject property.
3. 
Upon acceptance of such application, the Director may approve, in writing, and without further procedure, minor modifications of conditions for reasons of practicality or improved design, but shall apply the same criteria and requirements applicable to the conditional use permit, and shall not approve any modification which would be inconsistent with the approved conditional use permit.
4. 
Upon making such approval, the Director shall promptly notify the applicant and the members of the City Council and Planning Commission of his or her action.
5. 
The Director's determination is final unless appealed, but does not become effective unless and until a written acceptance thereof is received from the applicant.
6. 
In case of an appeal, a public hearing shall be held by the Planning Commission, with notification and payment of fees to be the same as for a conditional use permit. The action of the Planning Commission is subject to further appeal to the City Council in the same manner as for a conditional use permit.
I. 
Expiration. A conditional use permit shall expire if:
1. 
Construction or use of the property under permit is not commenced within one year after the expiration of the appeal period or Council decision date if appealed unless otherwise provided within the terms of the approval;
2. 
Any provision in the permit for termination of the use becomes effective;
3. 
The use is discontinued for a period of six months;
4. 
A zone change or text change becomes effective which results in the use or development becoming either automatically permitted or no longer eligible for approval under a conditional use permit. This provision shall apply to all conditional use permits whether issued prior to or after the effective date of this provision;
5. 
A more recently approved conditional use permit becomes effective for the same property.
J. 
Extension.
1. 
An application to extend the time period before a conditional use permit expires may be filed by the owner(s) (or authorized agent) of the subject property prior to the expiration of such permit.
2. 
A first-time extension may be granted by the Director in accordance with the provisions of Section 19.128.100.
3. 
For any additional extension, the approving body, or City Council on appeal, may grant extensions of such time period for up to one year for each extension if the earlier expiration of the permit is found to present an undue hardship with respect to implementing the approved use and development of the property and such extension would not be materially detrimental to the public health, safety, and welfare.
(Ord. 1754, 6/24/2025)

§ 19.128.030 Conditional Use Permit for Residential Condominium Development.

A. 
A residential condominium development (new construction or conversion of existing development) is subject to the conditional use permit procedure as provided in Section 19.128.020, the State Subdivision Map Act (see California Government Code Section 66427.1), and the additional and modified procedural elements as provided in this section.
B. 
Pre-application (For Conversions Only).
1. 
A prospective applicant for a conversion to a residential condominium shall first obtain pre-application information from the City's Planning and Building divisions, and submit to the divisions the information requested.
2. 
The Planning and Building division staff shall review the information submitted to evaluate the conformity of the proposal with City requirements. The staff shall discuss its findings with the applicant and provide a written summary. In no case, however, shall the staff comments be construed as binding upon any prospective action by the City.
3. 
The application for a residential condominium conversion shall be for essentially the same project as presented in the pre-application except for any changes accepted by the applicant to meet in whole or in part the results of the pre-application staff evaluation. If other substantial changes from the pre-application proposal are proposed, another pre-application evaluation shall be accomplished before acceptance of the application.
C. 
Notice of Proposed Conversion.
1. 
When a condominium conversion is proposed, the following information shall be included with the application for conditional use permit:
a. 
Certification that all tenants have been notified of the prospective application between 15 and 90 days prior to filing thereof;
b. 
Copy of such notice to tenants;
c. 
Certified list of mailing addresses of all units in the existing development proposed to be converted.
2. 
Between 10 and 40 days prior to the Planning Commission hearing on a proposed condominium conversion, the Planning Commission secretary shall give notice of the hearing to tenants of the existing development by mail to the addresses on the certified list.
D. 
Criteria. The criteria for approval of a residential condominium project shall include the following:
1. 
The project design shall provide long-term attractiveness and stability both within the project and in the neighborhood.
2. 
The special standards for condominium projects as provided in Section 19.448.030 are substantially met.
E. 
Criteria for Conversion. The following additional criteria shall be applied in considering conversions:
1. 
The conversion will not produce a shortage of rental housing with respect to the family sizes and income levels of the households being accommodated in the existing development.
2. 
The overall vacancy rate for rental housing in the City will not be reduced below 3 percent.
3. 
The conversion will not cause unreasonable displacement of residents, especially long-term residents, low and moderate income families, senior citizens, and families with schoolchildren.
F. 
Conditions. In addition to the requirements set forth in this Title (Section 19.448.030) for residential condominiums, additional conditions may be imposed to:
1. 
Ensure compatibility with surrounding development and uses;
2. 
Protect the long-term economic and organizational soundness of the condominium project and its association of owners;
3. 
Preserve the public health, safety, and welfare.
(Ord. 1754, 6/24/2025)

§ 19.128.040 Site Plan Review.

A. 
Authority.
1. 
Any development of a type listed below shall not be commenced, nor any City permit issued until a site plan showing the proposed development has been submitted for review and approved as provided in this section:
a. 
Construction of a new building exceeding 500 square feet in floor area, excluding single-family residences;
b. 
Exterior alterations to an existing building; other than those alterations allowed under an interdepartmental review pursuant to Section 19.128.100;
c. 
Provisions for any new or additional parking facilities;
d. 
The erection of any fence greater than 7 feet in height;
e. 
Installation of any exterior exposed neon or unshaded bulb architectural building lighting within the CO, CS, CG zones and any specific plan area.
2. 
The following shall not require site plan review:
a. 
The construction or placement of solar equipment;
b. 
Any development in the AR zone;
c. 
Accessory dwelling units.
3. 
The Zoning Administrator shall consider and act upon site plan review matter when it is submitted in connection with:
a. 
A development for which some other type of application under the jurisdiction of the Zoning Administrator is under consideration;
b. 
A multi-family residential development of less than 5 units;
c. 
Changes of 40 percent or less in the existing floor area of each building involved.
4. 
The Zoning Administrator shall conduct a site plan review according to the same procedure as provided for a zoning adjustment under Section 19.128.080.
5. 
Any site plan review not under the jurisdiction of the Zoning Administrator shall be considered by the Planning Commission according to the procedure set forth in this section, except that when a site plan review is conducted in conjunction with consideration of a conditional use permit, variance, relocation permit (under Title 15), or similar proceeding, a separate application, fee, and proceeding is not required and the considerations and determination required under this section shall be included in such other proceeding.
B. 
Criteria. Action on a site plan review is based upon the following criteria:
1. 
The proposed development meets all applicable requirements of this Title and other laws;
2. 
The site arrangement and improvements will not be detrimental to the existing and intended character of the area as defined by the General Plan, any applicable specific plans, and this Title;
3. 
Effective and satisfactory methods are provided to protect nearby structures and activities from noise, vibration, and other adverse environmental effects generated by the subject development;
4. 
The exterior architectural design is in reasonable harmony with the architectural character of the area;
5. 
The arrangement and design for pedestrian and vehicular traffic will minimize congestion and protect pedestrian and vehicular safety.
C. 
Decision.
1. 
The Planning Commission or Zoning Administrator shall act upon a site plan review within forty days after the application has been accepted unless this time limit is extended with the consent of the applicant.
2. 
A site plan may be approved, approved with conditions found necessary to protect the public health, safety, and welfare, or disapproved based upon findings that the requirements and intent of this Title are not satisfied.
3. 
The action of the Planning Commission or Zoning Administrator is final unless appealed in writing to the City Clerk within 10 working days.
4. 
The effective date of such approval shall commence upon the date that the applicant files an acceptance of the terms of the approval with the Director, but in no case prior to the expiration of the appeal period.
D. 
Appeal. If appealed, a site plan review matter shall be placed on the agenda of the next regular Planning Commission meeting. The Commission shall act on the matter at this meeting or a continuance thereof in the same manner as provided for Commission action.
E. 
Endorsement. Upon approval of a site plan under the site plan review procedure, the Director shall cause the plan or plans to be endorsed and if necessary supplemented with written or graphic documents in such a way as to clearly identify the matters approved.
F. 
Revisions.
1. 
After a site plan has become effective, minor modifications of the conditions of such permit may be made in accordance with the provisions of this subsection.
2. 
Consideration of minor modifications of conditions may be initiated only by the application of the owner(s) (or authorized agent) of the subject property.
3. 
Upon acceptance of such application, the Director may approve, in writing, and without further procedure, minor modification of conditions for reason of practicality or improved design, but shall apply the same criteria and requirements applicable to the site plan, and shall not approve any modification which would be inconsistent with the approved site plan. Upon making such approval, the Director shall promptly notify the members of the City Council and Planning Commission of his or her action.
4. 
The Director's determination shall be final unless appealed, but does not become effective unless and until a written acceptance thereof is received from the applicant.
5. 
In case of an appeal, a hearing shall be held by the Planning Commission, with notification and payment of fees to be the same as for a site plan. The action of the Planning Commission is subject to further appeal to the City Council in the same manner as for a site plan.
G. 
Expiration.
1. 
If development in accordance with an approved site plan is not commenced within 1 year after the approval of the approving body, the approval shall expire unless extended as provided under subsection H of this section.
2. 
If this Title is amended after a site plan has been approved, and such amendment no longer permits the development as approved, the development nevertheless may be carried out if started before expiration of approval, but any features not in compliance with the amended provisions of this Title are subject to the non-conformity provisions of this Title. Upon request of the property owner(s), the Director may modify a site plan approval to the extent necessary to conform to the amended provisions of this Title.
H. 
Extension.
1. 
An application to extend the time period before a site plan expires may be filed by the owner(s) (or authorized agent) of the subject property prior to the expiration of such permit.
2. 
A first-time extension may be granted by the Director in accordance with the provisions of Section 19.128.100.
3. 
For any additional extension, the approving body, or City Council on appeal, may grant extensions of such time period for up to 1 year for each extension if the earlier expiration of the permit is found to present an undue hardship with respect to implementing the approved use and development of the property and such extension would not be materially detrimental to the public health, safety, and welfare.
(Ord. 1754, 6/24/2025)

§ 19.128.050 Zoning Sign Permit.

A. 
Authority. Action on zoning sign permits is based upon compliance with the provisions of this Title and any sign guidelines or standards adopted for the area of the subject property pursuant to Section 19.904.060.
(Ord. 1754, 6/24/2025)

§ 19.128.060 Underground Utilities Waiver.

A. 
Authority. Except for underground utilities waivers permitted for single family homes in accordance with Section 19.128.100, the Zoning Administrator may, after consideration at a public meeting, waive requirements for undergrounding if the required findings outlined in subsection C of this section can be found. The decision of the Planning Commission may be appealed in writing to the City Clerk within 10 working days.
B. 
Initiation. Consideration of a waiver under this section may be initiated only by application of an owner(s) (or authorized agent) of the subject property.
C. 
Criteria. A waiver under this section may be granted if it is found that topography, soil, or other conditions are such that the required undergrounding of utility facilities would constitute an unnecessary hardship inconsistent with purposes of the undergrounding requirements.
(Ord. 1754, 6/24/2025)

§ 19.128.080 Adjustment.

A. 
Purpose. The purpose of the zoning adjustment procedure is to provide a simplified means of considering, for practical reasons, nondetrimental minor deviations from certain development standards set forth in this Title when applied to alterations of existing development.
B. 
Authority.
1. 
When considered in conjunction with an application for site plan review, conditional use permit, variance, or similar procedure, a zoning adjustment may be acted upon by the officer or body having jurisdiction over such other application. In all other cases, a zoning adjustment shall be considered and acted upon by the Zoning Administrator, subject to appeal to the City Council.
2. 
The types of matters which may be considered under a zoning adjustment and the maximum allowable deviation from the requirement of this Title, are as follows:
a. 
Building Height. Increase in allowable height of building or structure: 20 percent;
b. 
Yards and Permitted Encroachments. Encroachment of a single-family dwelling or accessory building into a required yard:
(i) 
Front yard encroachment: no more than 20 percent linear feet,
(ii) 
Side yard encroachment: no more than 20 percent linear feet,
(iii) 
Rear yard encroachment: no more than 20 percent linear feet,
(iv) 
Addition to existing structure which is nonconforming as to yard encroachment: 500 square feet and no more than existing encroachment distance or 2 feet, whichever is less,
(v) 
Rear yard coverage: a maximum of 40 percent of the required rear yard; provided, that the total lot coverage does not exceed 40 percent,
(vi) 
Rear yard coverage for properties located on a corner with an existing garage within the required rear yard: a maximum of 55 percent of the required rear yard; provided that an area equivalent to the required rear yard is provided within one of the required side yards of the property together with that portion of the required rear yard that is adjacent to the required side yard and that the total lot coverage does not exceed 40 percent. No portion of the structure exceeding the code prescribed 30 percent rear yard coverage shall be greater than 1 story in height;
c. 
Driveway Width. Reduction in width of required accessway: 10 percent;
d. 
Required Parking Spaces. Reduction of not more than two parking spaces in the number of required spaces in any commercial or industrial zone;
e. 
Fence Height.
(i) 
Residential fence height up to 50 percent greater than permitted height but not more than eight feet total height,
(ii) 
Fence up to 6 feet in height located in a required side or rear yard abutting a street for commercial and industrial zones, under the following criteria:
1. 
Yard shall be located along a Commuter Arterial or Local Street, as defined within the Circulation Element of the General Plan.
2. 
Fence shall be for the sole purpose of securing a parking area that is developed to City standards and where the parking is permitted within the required yard.
3. 
Fence shall not be view-obscuring.
4. 
Fence shall have a minimum 10-foot setback from the street property line.
C. 
Initiation. Consideration of a zoning adjustment may be initiated only by the owner(s) (or authorized agent) of the subject property.
D. 
Meeting. Each application for a zoning adjustment shall be considered at a public meeting. When considered by the Zoning Administrator, such meeting shall be held not more than 40 days after acceptance of the application, and the determination shall be made at the meeting or a continuance thereof. Any extension of time for the decision shall be only with the consent of the applicant.
E. 
Criteria. The determination of a zoning adjustment is based on the following criteria:
1. 
There are practical reasons or benefits of improved design which justify the deviation from the prescribed standards;
2. 
The adjustment, with any conditions imposed, will provide equal or better protection to adjacent property;
3. 
The adjustment is not in conflict with the objectives of the General Plan, any applicable Specific Plan, or the intent of this Title.
F. 
Decision. The officer or body acting upon a zoning adjustment may approve, deny or approve with reasonable conditions. The initial determination on an adjustment is final unless appealed.
(Ord. 1754, 6/24/2025)

§ 19.128.090 Zoning Compliance Review.

A. 
Prior to the issuance of any building permit, sign permit, or permit for any exterior mechanical equipment including air conditioning equipment and solar equipment, and prior to the construction of any residential fence or other development feature specifically made subject to this section, the proposed development plan shall be submitted to the Director for review as to compliance with the provisions of this Title and any standards adopted pursuant to Section 19.124.050.
B. 
Construction and placement of solar equipment, and alteration of single-family dwellings, including manufactured dwellings, on foundations, shall be reviewed under this section for compliance with standards of architectural compatibility with structures in the immediate area, including consideration of roof overhang and roof and siding materials. (See California Government Code Sections 65850.5 and 65852.3.)
C. 
Certification. Upon finding that a proposed development conforms to all requirements of this Title and standards adopted under this Title, zoning compliance shall be certified as follows:
1. 
For a sign copy change: by endorsement on a graphic representation of the approved copy;
2. 
For a sign installation other than a mere copy change: by endorsement on plans for the approved installation and issuance of an identification sticker which is required to be attached to and maintained on the sign structure in a visible location;
3. 
For all other cases: by endorsement on the approved plans or permit application.
(Ord. 1754, 6/24/2025)

§ 19.128.100 Interdepartmental Review.

A. 
Purpose. The purpose of the interdepartmental review process is to provide a procedure for the expeditious review and approval of projects listed in Sections 19.128.100.B.1. Projects subject to the interdepartmental review process do not require adjustments or deviations from the regulations set forth in this Title and meet the goals and policies of the General Plan.
B. 
Authority.
1. 
Any development of a type listed below shall not be commenced, nor any City permit issued therefore, until an interdepartmental review application has been submitted for review and approved as provided in this section:
a. 
Construction of unenclosed accessory structures in the commercial and industrial zones, including, but not limited to, covered parking areas and loading docks, provided that:
(i) 
The accessory structure does not result in the loss of required on-site parking spaces; and
(ii) 
The accessory structure is located to the rear of the primary structure and not visible from a public street.
b. 
Minor exterior alterations to an existing building, provided that any new/added building square footage is less than 500 square feet.
(i) 
Minor exterior alterations include new store-fronts window systems, new or removed windows or awnings or changes to more than 25% of the exterior materials;
(ii) 
Minor modifications to building entrances and exits; or changes to less than 25% of the exterior materials are not subject to Interdepartmental Review and shall be processed ministerially.
c. 
Minor revisions to existing parking facilities, provided that the total number of parking spaces is not reduced. Minor revisions include, but are not limited to, relocation of parking spaces and landscaped areas, restriping, and placement of required trash enclosures.
d. 
The installation of a fence within a required yard abutting a street for multi-family residential developments in the RM-10 or RM-20 zones. A permitted fence for a multi-family development in the RM-10 or RM-20 zones shall be reviewed pursuant to Chapter 19.428 (Development Standards—Fences, Walls, Hedges, and Berms) and the City of Buena Park's Architectural Design Guidelines. For other permitted uses in the RM-10 or RM-20 zones, the installation of fences shall be reviewed pursuant to Chapter 19.428 (Development Standards—Fences, Walls, Hedges, and Berms) and Section 19.128.090 (Zoning Compliance Review).
e. 
The installation of a security gate for multi-family residential developments in the RM zones, provided that the required number of on-site parking spaces is not reduced. Permitted security gates shall be reviewed pursuant to the City of Buena Park's Architectural Design Guidelines.
f. 
Waiver of underground utilities for a new single-family home located in the RS zones, provided that:
(i) 
Within 500 feet, the majority of the surrounding developed lots do not have underground facilities; and
(ii) 
It is not feasible or possible to obtain easement areas to accommodate said underground facilities.
g. 
One extension of time, beyond the original effective date, may be granted by the Director for up to one year for an approved conditional use permit (as defined by Section 19.128.020) and an approved site plan (as defined by Section 19.128.040), provided that:
(i) 
The applicant can demonstrate an undue hardship with respect to implementing the said project; and
(ii) 
Such extension will not be materially detrimental to the public health, safety, and welfare; and
(iii) 
Said project complies with the provisions of the General Plan, applicable Specific Plans, and as set forth in this Title at the time the extension is requested. Subsequent requests of extensions of time shall be considered by the Planning Commission or City Council in accordance with the aforementioned sections.
h. 
Soil decontamination equipment, mechanical equipment, above ground storage tanks, and silos, as an incidental use, at an operating business in commercial and industrial zones, provided that the aforementioned equipment, tanks, or silos are:
(i) 
Completely screened from view by a block wall, fencing, or an existing on-site building. Screening must be architecturally consistent with the facility in terms of design type and colors;
(ii) 
Located to the rear of the primary structure;
(iii) 
Situated so that existing on-site vehicular circulation and landscaped areas are not adversely impacted, and the required number of on-site parking spaces is not reduced.
i. 
Conversion of existing carports to garages in the RM-10 and RM-20 zones, provided that:
(i) 
The required number of on-site parking spaces is not reduced.
(ii) 
The improvements conform to the provisions set forth in Chapter 19.436 (Development Standards—Vehicular Provisions) and the City of Buena Park's Architectural Design Guidelines.
j. 
Use of chain link as a fencing material in zones and locations as specified and permitted under subsection B.4 of Section 19.528.030.
k. 
Façade-mounted and roof-mounted wireless telecommunications facilities as regulated by Chapter 19.1220 of the Buena Park Zoning Ordinance.
l. 
Approval for HIOZ residential/mixed-use development, Housing Opportunity Overlay and Religious/Congregational/Fraternal Overlay (refer to Ordinance 1733).
C. 
Initiation. The interdepartmental review process may be initiated only by application of the owner(s) (or authorized agent) of the subject property.
D. 
Application and Other Required Submittal Information. An application and any other information deemed necessary shall be submitted to the Director a minimum of 10 working days prior to the anticipated activation of the requested use.
E. 
Criteria. Action on an interdepartmental review application is based upon the following criteria:
1. 
The proposed development meets all applicable requirements of this Title and other laws;
2. 
The site arrangement and improvements will not be detrimental to the existing and intended character of the area as defined by the General Plan, any applicable specific plans, and this Title;
3. 
Effective and satisfactory methods are provided to protect nearby structures and activities from noise, vibration, and other adverse environmental effects generated by the subject development;
4. 
The exterior architectural design is in reasonable harmony with the architectural character of the area;
5. 
The arrangement and design for pedestrian and vehicular traffic will minimize congestion and protect pedestrian and vehicular safety.
F. 
Investigation. Upon determination by the Director, copies of the application and any attachments shall be forwarded to every City department which would or could be affected by such use, whereupon each department shall investigate and respond in writing to the Director with recommendations on the application.
G. 
Decision.
1. 
An interdepartmental review application may be approved, approved with conditions found necessary to protect the public health, safety, and welfare, or disapproved based upon findings that the requirements and intent of this Title are not satisfied.
2. 
The action of the Director is final upon written acceptance of the action by the applicant, unless appealed in writing to the Secretary of the Planning Commission. Any appeal of the decision must be filed within ten working days of the Director's action.
3. 
The effective date of such approval shall commence upon the date that the applicant files an acceptance of the terms of the approval with the Director.
H. 
Appeal. In case of an appeal, a hearing shall be held by the Planning Commission, with notification and payment of fees to be the same as for a site plan. The action of the Planning Commission is subject to further appeal to the City Council in the same manner as for a site plan.
I. 
Endorsement. Upon approval of an interdepartmental review application under the interdepartmental review procedure, the Director shall cause the plan or plans to be endorsed and if necessary supplemented with written or graphic documents in such a way as to clearly identify the matters approved.
J. 
Revisions.
1. 
Consideration of minor modifications of conditions may be initiated only by the application of the owner(s) (or authorized agent) of the subject property.
2. 
Upon acceptance of such application, the Director may approve, in writing, and without further procedure, minor modification of conditions for reason of practicality or improved design, but shall apply the same criteria and requirements applicable to the interdepartmental review application, and shall not approve any modification which would be inconsistent with the approved interdepartmental review application.
3. 
The Director's determination shall be final unless appealed, but does not become effective unless and until a written acceptance thereof is received from the applicant.
4. 
In case of an appeal, a hearing shall be held by the Planning Commission, with notification and payment of fees to be the same as for a site plan. The action of the Planning Commission is subject to further appeal to the City Council in the same manner as for a site plan.
K. 
Expiration.
1. 
If development is not commenced within one year after the approval of an interdepartmental review application, said approval shall expire.
2. 
If this Title is amended after an interdepartmental review application has been approved, and such amendment no longer permits the development as approved, the development nevertheless may be carried out if started before expiration of approval. However, any features which are not in compliance with the amended provisions of this Title are subject to the nonconformity provisions of this Title. Upon request of the property owner(s), the Director may modify an interdepartmental review approval to the extent necessary to conform to the amended provisions of this Title.
L. 
Extension.
1. 
An application to extend the time period before a interdepartmental review expires may be filed by the owner(s) (or authorized agent) of the subject property prior to the expiration of such permit.
2. 
A first-time extension may be granted by the Director in accordance with the provisions of Section 19.128.100.
3. 
For any additional extension, the Planning Commission, or City Council on appeal, may grant extensions of such time period for up to 1 year for each extension if the earlier expiration of the permit is found to present an undue hardship with respect to implementing the approved use and development of the property and such extension would not be materially detrimental to the public health, safety, and welfare.
(Ord. 1754, 6/24/2025)

§ 19.128.110 Streamlined Ministerial Review.

A. 
For projects located within MUO-45, MUO-60, MUO-100, HOO, and RCFO of the Housing Incentive Overlays (HIO), please refer to Section 1.6.1 of Ordinance No. 1733.
B. 
For projects located within the HMCO of the Housing Incentive Overlays (HIO), please refer to Section 5.4 of Ordinance No. 1733.
(Ord. 1754, 6/24/2025)

§ 19.132.010 Variance.

A. 
Purpose and Scope.
1. 
The variance procedure is provided for the purpose of considering deviations from the strict application of the requirements of this Title in those special circumstances where the literal requirements unintentionally discriminate against a particular property because of unusual and unanticipated circumstances. In such circumstances, a variance may be granted to correct an inequity, but may not be used to grant any special privilege.
2. 
A variance may be granted from any provision of this Title, except that a variance shall not be granted which allows a lot or a structure to be used for a purpose not permitted under the applicable zone classification. (See California Government Code Section 65906.)
B. 
Authority.
1. 
The Zoning Administrator shall consider and decide upon variances which do not exceed the following limitations:
a. 
Changes or additions to existing residential structures or development, provided there is no increase in the number of dwelling units;
b. 
New construction or alteration of existing nonresidential structures or development not involving an increase in gross floor area on a lot of over twenty thousand square feet.
2. 
All other applications for variance shall be considered by the Planning Commission.
C. 
Initiation. A variance may be initiated only by application of the owner(s) (or authorized agent) of the subject property.
D. 
Hearing and Notice.
1. 
If considered by the Zoning Administrator, a variance matter shall be considered at a public hearing conducted by the Zoning Administrator. If considered by the Planning Commission, at least one public hearing shall be held by the Planning Commission.
2. 
Notice of such hearing shall be given to property owners within three hundred feet as provided in subsection E of Section 19.112.020. (See California Government Code Section 65901.)
E. 
Criteria and Findings. A variance may be granted only if all of the following criteria are satisfied:
1. 
There are special circumstances applicable to the subject property such as size, shape, topography, location, or surroundings which result in the strict application of the requirements of this Title depriving the property of privileges enjoyed by other properties in the same zone and vicinity (see California Government Code Section 65906);
2. 
The variance will not grant special privileges to the subject property not enjoyed by other properties in the same zone and vicinity (see California Government Code Section 65906);
3. 
The variance will not produce results detrimental to the public health, safety, or welfare and will not be injurious to other property in the vicinity;
4. 
The variance will not be contrary to the objectives of the general plan, any applicable specific plan, or the intent of this Title.
F. 
Conditions—Effective Date.
1. 
If approved, a variance shall include conditions to ensure that the above criteria and limitations upon a variance are satisfied.
2. 
No condition may be imposed requiring any dedication of land, construction of improvements, or bonding to guarantee construction of improvements, if such dedication or improvements are not reasonably related to the development and use of the subject property. (See California Government Code Section 65909.)
3. 
The effective date of such approval shall commence upon the date that the applicant files an acceptance of the terms of the approval with the Director, but in no case prior to the expiration of the appeal period.
4. 
The action of the Planning Commission or Zoning Administrator is final unless appealed in writing to the City Clerk within ten working days.
G. 
Minor Modification of Conditions. After a variance has become effective, minor modification of the conditions of such variance may be made by the Director in the same manner as for a conditional use permit (subsection H of Section 19.128.020) except that the applicable criteria shall be those provided for a variance rather than those for a conditional use permit.
H. 
Expiration. A variance shall expire if:
1. 
Construction or use of the property under permit is not commenced within one year after the expiration of the appeal period or council decision if appealed, unless provided for within the terms of the approval;
2. 
Any provision in the variance for termination of the use becomes effective;
3. 
The use is discontinued for a period of six months;
4. 
The development is changed so that the variance is no longer required;
5. 
A zone change or text change becomes effective which results in the development permitted by variance becoming automatically permitted. This provision shall apply to all variances whether issued prior to or after the effective date of this provision.
I. 
Extension.
1. 
An application to extend the time period before a variance expires may be filed by the owner(s) (or authorized agent) of the subject property prior to the expiration of such variance.
2. 
The approving body, or City Council on appeal, may grant extensions of such time period for up to one year for each extension if the earlier expiration of the variance is found to present an undue hardship with respect to implementing the approved use and development of the property and such extension would not be materially detrimental to the public health, safety, and welfare.
(Ord. 1754, 6/24/2025)

§ 19.132.020 Extension or Termination of Nonconforming Privilege.

A. 
Purpose. The procedure provided in this section provides for varying the requirements relating to the continuation, extension or termination of nonconforming situations in specific cases which require such adjustment in order to achieve an equitable balance between private property rights and the public interest. The possible applications of this procedure are:
1. 
Extension of time beyond the standard termination date required for reasonable amortization;
2. 
Expansion of the area devoted to nonconforming use on the same site and within an existing building;
3. 
Change of a nonconformity to another nonconformity of equal or less severity;
4. 
Termination of a substantially detrimental nonconformity earlier than otherwise required.
B. 
Initiation. An extension, expansion, or change in a nonconformity privilege may be initiated only by application of the owner(s) (or authorized agent) of the subject property. The termination of a nonconformity may be initiated by order of the City Council, Planning Commission or by the Director of Community and Economic Development. When such proceeding for a termination is initiated, the owner(s) of the subject property shall be notified by registered mail or in the manner of a summons.
C. 
Hearing. At least one public hearing shall be held by the Planning Commission on any proposed extension, expansion, change, or termination of a nonconformity. Notice shall be given to property owners within three hundred feet as provided in subsection E of Section 19.112.020.
D. 
Findings and Decision. To approve, in whole or in part, an extension, expansion, change, or termination of a nonconformity privilege, it is found that balancing of the public interest and the vested interests of the owner(s) of the subject property requires deviation from the standard nonconformity regulations.
E. 
Conditions. Conditions shall be imposed upon any grant of an extension, expansion, or change in a nonconformity privilege in order to assure that an equitable balance of the public interest and the vested interests of the owner(s) of the subject property is maintained.
F. 
Appeal. The decision of the Planning Commission on an extension, expansion, change, or termination of a nonconformity privilege is final unless appealed.
G. 
Minor Modification of Conditions. After a decision under this section has become effective, minor modification of conditions may be considered by the Director in the same manner as for a conditional use permit (subsection H of Section 19.128.020) except that the applicable criteria shall be those provided for the extension, expansion, or change of a nonconformity privilege rather than those for a conditional use permit.
(Ord. 1754, 6/24/2025)

§ 19.132.030 Revocation.

A. 
Authority. Conditional use permits, site plan approvals, variances and extensions, expansions or changes (but not early terminations) of nonconformity privileges may be revoked by the Planning Commission pursuant to this section.
B. 
Initiation. A revocation under this section may be initiated by:
1. 
Order of the City Council or Planning Commission;
2. 
Application of any person damaged or adversely affected by the continuation of circumstances existing on property subject to a conditional use permit, variance, or nonconformity privilege;
3. 
The Director of Community and Economic Development.
C. 
Notice to Owner(s). Upon initiation of proceedings under this section, notice shall be given to the owner(s) of the subject property by registered mail or in the manner of a summons.
D. 
Commission Hearing. At least one public hearing shall be held by the Planning Commission on a matter initiated under this section. Notice of such hearing shall be to property owners within three hundred feet as provided in subsection E of Section 19.112.020.
E. 
Criteria. The decision on a matter being considered under this section is based upon the following criteria:
1. 
Approval of the use or development was obtained by fraud;
2. 
The use or development is being or recently has been conducted in violation of the terms of a permit, the requirements of this Title, or other law;
3. 
The use or development is being conducted in a manner detrimental to public health, safety or welfare, or is a nuisance.
F. 
Decision. The decision of the Planning Commission on a matter pursuant to this section is final unless appealed to the City Council.
(Ord. 1754, 6/24/2025)

§ 19.136.010 Property Affected.

The provisions of this Title shall apply, to the extent permissible under other laws, to all property within the City, whether such property is in public or private ownership; except that streets, alleys, and walkways which are dedicated for public use shall be regulated under the provisions of Title 12.
(Ord. 1754, 6/24/2025)

§ 19.136.020 Persons Affected.

The provisions of this Title shall apply, to the extent permissible under other laws, to all persons, agencies, and organizations, both public and private; except that in circumstances where an overriding public interest is found to be served by an action or development to be undertaken by a public agency, the City Council may waive the requirements of this Title to the extent deemed necessary.
(Ord. 1754, 6/24/2025)

§ 19.136.030 Activities Affected.

A. 
New or Changed Development or Use. Each provision of this Title shall apply, to the extent permissible under other laws, to all actions, activities, uses and development initiated subsequent to the effective date of such provision, including, but not limited to, the following:
1. 
The division or leasing of land;
2. 
Construction, alteration, remodeling, expansion, replacement or relocation of any building, structure or other facility or portion thereof;
3. 
The use or occupancy of land, buildings, structures, or other facilities.
B. 
Existing Development or Use. Any lawfully established development or use is permitted to continue without change, even though no longer in conformance with one or more provisions of this Title due to changes in such provisions after the establishment of the development or use, except as otherwise provided in Chapter 19.204 or elsewhere in this Title.
(Ord. 1754, 6/24/2025)

§ 19.140.010 Continuity of Zoning Regulations.

The provisions of this Title, insofar as they are substantially the same as previous provisions of this Code or any other ordinance repealed, amended, or superseded by the enactment of the provisions of this Title, shall be construed as restatements and continuations of the previous provisions, and not as new enactments.
(Ord. 1754, 6/24/2025)

§ 19.140.020 Pending Proceedings.

Proceedings initiated under provisions repealed, amended, or modified by the provisions of this Title shall not be affected by the enactment of provisions of this Title, except that after such enactment the proceedings shall conform to the provisions of this Title insofar as possible.
(Ord. 1754, 6/24/2025)

§ 19.140.030 Rights under Previous Approvals.

A. 
A conditional use permit, site plan approval, variance, or similar approval granted under previous provisions of this Title or under the applicable zoning regulations which existed prior to incorporation of the City or annexation to the City of the area involved, and which would be eligible for consideration of such approval under current provisions of this Title, are deemed to be an approved conditional use permit, site plan, variance, or other approval, respectively, subject to the terms of such approval.
B. 
All other conditional use permits, approved site plans, variances, and similar approvals or the conditions thereof which are not in conformance with the provisions of this Title are deemed to be nonconforming privileges subject to the provisions of Chapter 19.204.
C. 
Notwithstanding any other provisions of this section, if a conditional use permit, site plan approval, variance, or similar approval, or any condition thereof, has resulted in a nonconformity, such nonconformity shall be subject to the provisions of Chapter 19.204.
(Ord. 1754, 6/24/2025)

§ 19.140.040 Previous Violation or Conviction.

Any violation of and/or conviction under any provision of this Title which has been repealed, amended, or modified, shall continue to be considered as a violation and/or conviction under this Title.
(Ord. 1754, 6/24/2025)

§ 19.140.050 Severability.

If any provision of this Title or the application thereof to any person or circumstance is held invalid, the remainder of this Title and the application of such provision to other persons or circumstances is not affected thereby.
(Ord. 1754, 6/24/2025)

§ 19.140.060 Conflicting Regulations.

Whenever any provision of this Title covers the same subject matter, overlaps, conflicts with, or is contradictory to any other law or regulation, the provision, law, or regulation which is more restrictive or imposes the higher standard shall control, except as otherwise expressly provided.
(Ord. 1754, 6/24/2025)

§ 19.140.070 Conflicting Licenses and Permits.

All City officials, official bodies, departments, and employees vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Title. No license or permit for uses, buildings or purposes, where the same would be in conflict with the provisions of this Title, shall be issued. Any such license or permit, if issued in conflict with the provisions of this Title, is null and void.
(Ord. 1754, 6/24/2025)

§ 19.140.080 Private Agreements.

The provisions of this Title are not intended to abrogate, annul, or impair any easement, covenant or other agreement between parties; except, where this Title imposes a greater restriction or higher standard than that required by private agreement, this Title shall control.
(Ord. 1754, 6/24/2025)

§ 19.140.090 Nuisances.

Neither the provisions of this Title nor any approval pursuant thereto authorize the establishment or maintenance of any use, activity, or circumstance which constitutes a public or private nuisance.
(Ord. 1754, 6/24/2025)

§ 19.140.100 References to Other Laws and Regulations.

When a reference is made in this Title to any other provision of this Title or to any other law or regulation, such reference shall apply to any and all subsequent amendments and additions to the provision referred to and to any renumbered or retitled provisions which continue or supersede the provision referred to.
(Ord. 1754, 6/24/2025)

§ 19.144.010 Delegation of Commission Authority.

Whenever an administrative power or duty is granted to or imposed upon the Planning Commission by any provision of this Title, the Commission may delegate such power or duty to the Director subject to such instructions as the Commission may prescribe.
(Ord. 1754, 6/24/2025)

§ 19.144.020 Delegation of Staff Authority.

Whenever a power or duty is granted to or imposed upon the Director, Zoning Administrator, Building Official, or other officer of the City under any provision of this Title, such power or duty may be exercised by a duly authorized employee of the City or other governmental agency who is assigned to be under the supervision of such officer, subject to such instructions as such officer may prescribe.
(Ord. 1754, 6/24/2025)

§ 19.144.030 Office of Zoning Administrator.

A. 
Purposes.
1. 
The office of Zoning Administrator is established to perform certain duties hereinafter specified pursuant to the authority granted by the California Planning and Zoning Law. (See California Government Code Sections 65900 and 65901.)
2. 
The purposes of the office of Zoning Administrator are:
a. 
To provide efficient methods in the implementation of the General Plan, zoning, and other municipal ordinances to effectuate the desired development of the City and provide better service to the general public;
b. 
To provide a method by which minor adjustments from ordinance requirements may be permitted without the necessity of the delays incident to the setting of such matters for public hearing;
c. 
To relieve the Planning Commission from the performance of certain functions of a routine nature which tend to divert this body from the Planning and major zoning functions entrusted to the Commission by this Code and the laws of the State.
B. 
Assignment of Duties. The duties of the Zoning Administrator as set forth in this Title shall be assigned, and may be reassigned at any time, by the City Manager to one of the employees filling positions within the Community and Economic Development Department and duties and be subject to the rules and procedures set forth for the Zoning Administrator in this Title and by any other applicable laws.
(Ord. 1754, 6/24/2025)

§ 19.144.035 Director of Community and Economic Development.

A. 
Purposes.
1. 
The Director of Community and Economic Development performs certain duties hereinafter specified pursuant to the authority granted by the California Planning and Zoning Law. (See California Government Code Sections 65900 and 65901.)
2. 
The purpose of the Director of Community and Economic Development is:
a. 
To provide efficient methods in the implementation of the General Plan, zoning, and other municipal ordinances to effectuate the desired development of the City and provide better service to the general public;
b. 
To use the position's administrative role to expeditiously process and approve certain projects which conform to the regulations of the Zoning Ordinance and the goals and objectives of the General Plan. The intent of this process is to provide a method by which minor projects may be permitted without the necessity of the delays incident to the setting of such matters for hearings or consideration by the Zoning Administrator or Planning Commission;
c. 
To relieve the Planning Commission from the performance of certain functions of a routine nature which tend to divert this body from the Planning and major zoning functions entrusted to the Commission by this Code and the laws of the State.
B. 
Assignment of Duties. The duties of the Director of Community and Economic Development are assigned by the City Manager and set forth in this Title.
(Ord. 1754, 6/24/2025)

§ 19.144.040 Enforcement.

The enforcement of this Title and regulations, decisions and orders made pursuant to this Title, shall be enforced by the City Manager or his or her other duly authorized representative.
(Ord. 1754, 6/24/2025)

§ 19.148.010 Unlawful Activities Designated as Misdemeanor-Penalty.

A. 
It is unlawful for any person, firm, partnership, or corporation to violate any provision or fail to comply with any of the requirements of this code. Except as otherwise provided herein, any person, firm, partnership, or corporation violating any provision of this code or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not exceeding one thousand dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment.
B. 
Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day, or any portion thereof, during which any violation of any of the provisions of this code is committed, continued, or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this section.
(Ord. 1754, 6/24/2025)

§ 19.148.020 Unlawful Activities Designated as Infraction-Penalty.

A. 
Notwithstanding the provisions of Section 19.148.010 a, any person, firm, partnership or corporation violating any provision of this code or failing to comply with any of the requirements thereof, where such violation or failure is denominated an infraction, shall be deemed guilty of an infraction, and upon conviction thereof, shall be punished by a fine not exceeding one hundred dollars for a first violation, by a fine not exceeding two hundred dollars for a second violation of the same provisions within one year, and by a fine not exceeding five hundred dollars for each additional violation of the same provision within one year.
B. 
Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any of the provisions of this code is committed, continued, or permitted by such person, firm, partnership, or corporation and shall be deemed punishable therefor as provided in this section.
(Ord. 1754, 6/24/2025)

§ 19.148.030 Violations-Nuisance-Civil Remedies.

A. 
The violation of any of the provisions of this code constitutes a nuisance, and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.
B. 
The prevailing party in any action to abate a nuisance pursuant to this section shall be entitled to its reasonable attorneys' fees if: (1) the City elected to seek recovery of its own attorneys' fees at the initiation of the action; and (2) the award of attorneys' fees does not exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding.
(Ord. 1754, 6/24/2025)

§ 19.148.040 Severability.

The City Council declares that, should any title, chapter, provision, section, paragraph, sentence, or word of this code be rendered or declared invalid by any final court action by a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining titles, chapters, provisions, sections, paragraphs, sentences, and words of this code shall remain in full force and effect.
(Ord. 1754, 6/24/2025)

§ 19.148.050 Past Actions and Obligations Previously Incurred.

Neither the adoption of this Title or any provision thereof, nor the repeal thereby of any ordinance of the City or any provision thereof, shall in any manner affect the prosecution for violation of any provision committed while such provision was in effect, nor be construed as a waiver of any license or penalty due and unpaid under previous provisions; nor be construed as affecting any such previous provisions relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof; nor be construed as affecting the validity of any bond or cash deposit required to be posted, filed, or deposited pursuant to any ordinance, and all rights and obligations pertaining thereto shall continue in full force and effect.
(Ord. 1754, 6/24/2025)