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Buena Park City Zoning Code

Division 5

Commercial and Industrial Zones

Ord- 1761_0

§ 19.504.010 Purpose and General Plan Consistency.

The General Plan outlines goals and objectives, with regard to commercial and industrial uses and development. The purpose of this Division is to implement those General Plan goals and objectives that relate to commercial and industrial land uses as follows:
A. 
Provide for the establishment of a wide range of employment and economic opportunities within the community.
B. 
Provide for appropriate facilities to serve the needs of the residents and visitors of the community.
C. 
Promote a fiscal balance for the community.
D. 
Protect the health and safety of the community from natural or man-made hazards.
E. 
Protect existing residential neighborhoods and certain other uses from adverse health and safety conditions.
F. 
Enhance the visual, economic, and environmental character of the community.

§ 19.504.020 Description of Zones.

The following commercial, industrial zones, and specific plan zones with their general purpose as indicated, have been created to implement the goals, objectives, and land use designations of the General Plan.
A. 
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 for 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.
B. 
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 limited commercial and limited industrial services not appropriate for location in the central commercial areas or in heavier industrial zones.
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.
C. 
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 Division, 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.
D. 
Overlay Zones. The following designations are established which may be combined by notation on the zoning map with any of the zones listed above in order to accomplish the additional purposes indicated below:
1. 
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.
2. 
NC, Neighborhood Commercial Overlay Classification for Properties Along Commonwealth Avenue Between Stanton and Indiana Avenues. The NC Overlay Classification is intended for providing or selling everyday goods and services by commercial, office, light industrial, light manufacturing, and small scale retail uses. Certain retail related uses may be accommodated within existing multi-tenant retail centers only. Acceptable uses are indentified in the "NC Overlay Classification matrix" as contained within Table 19.512.030.
3. 
AO, Architectural Overlay Classification for Properties Located Within the Beach/Crescent Architectural Overlay Area Along Beach Boulevard, Stanton Avenue and the South Side of Crescent Avenue. The AO Classification is intended to provide guidance to developers and property owners for the design and integration of existing and new development by encouraging quality design in order to maintain the viability of properties with the Beach/Crescent area.
E. 
Mixed-Use Zones. The following mixed-use zones with their general purpose as indicated have been created to implement the goals, objectives, and land use designations of the General Plan.
1. 
GMU, General Mixed-Use. To provide for a horizontal or vertical mix of high density residential and neighborhood commercial uses along major arterials. A regulatory plan or Development Agreement must be established and/or executed to allow for development within this zoning designation.
(Ord. 1315 § 11, 1994; Ord. 1347 § 11.B, 1997; Ord. 1350 § 9.A, 1997; Ord. 1382 § 8, 1998; Ord. 1403 § 9, 2000; Ord. 1522 § 2, 2008; Ord. 1553 § 5, 2012)

§ 19.508.010 Site Dimensions.

The minimum size and dimensions of lots created in the various zones shall be as shown in Table 19.508.010, except that certain specific uses of property require site areas and dimensions greater than the minimum site requirements for the zone. See Chapter 19.552, Special Requirements for Certain Uses.
TABLE 19.508.010
MINIMUM SITE DIMENSIONS
Zone
Minimum Lot Area (square feet)
Minimum Street Frontage (feet)
Minimum Lot Width (feet)
Minimum Lot Depth (feet)
CO
10,000
(1)
50
(1)
70
(1)
100
(1)
CS
20,000
(1)
150
(1)
150
(1)
100
(1)
CG
5,000
(1)
50
(1)
50
(1)
100
(1)
CR
43,560
(1)
150
(1)
150
(1)
100
(1)
CM
10,000
(1)
50
(1)
70
(1)
100
(1)
MR
43,560
 
150
 
150
 
150
 
ML
20,000
(1)
100
(1)
100
(1)
100
(1)
MH
43,560
 
150
 
150
 
150
 
Notes:
(1)
No minimum requirements apply for individual lots within an integrated development in the commercial and industrial zones.
(Ord. 1382 § 9, 1998)

§ 19.512.010 Uses Permitted.

A. 
Land, buildings, and other facilities shall be designed, developed, and used only for those activities indicated for the various zones by Table 19.512.010, entitled Uses Permitted. The symbols shown in this table have the following meanings:
Symbol
Meaning
P
Automatically permitted use.
I
Incidental use—use permitted only if incidental to another primary use on the same site. If incidental to a use authorized by conditional use permit, such incidental use is permitted only if included within the terms of the conditional use permit.
C
Conditional use—use eligible for consideration under the conditional use procedure (Section 19.128.020) and permitted only if a conditional use permit is approved, subject to the specific conditions of such permit.
Ci
Incidental conditional use—use eligible for consideration under the conditional use procedure only if incidental to another primary use of the site, whether such primary use is automatically permitted or permitted by conditional use permit.
Pc
Automatically permitted use, except such use is subject to a conditional use permit when located within three hundred thirty feet of a residential zone.
Pc*
Automatically permitted use, except such use is subject to a conditional use permit when located within six hundred feet of a residential zone.
IC
Incidental or conditional use—automatically permitted as an incidental use, when the primary use is automatically permitted, or eligible for consideration as a primary use under the conditional use procedure.
Table 19.512.010
USES PERMITTED—COMMERCIAL AND INDUSTRIAL ZONES
Uses
Commercial Zones
Industrial Zones
CO
CS
CG
CR
CM
MR
ML
MH
Residential Uses
Group Quarters:
 
 
 
 
 
 
 
 
• Convent, rectory, dormitory, fraternity or sorority house, etc.
Ci
Ci
Ci
 
 
 
 
 
Transient Quarters: (See Commercial Uses— Tourist Services.)
 
 
 
 
 
 
 
 
Public Service Uses
Community Day Care:
 
 
 
 
 
 
 
 
• Child day care center.
C
P
P
C
I
I
I
I
• Adult day care center.
P
P
P
 
I
I
I
I
Health Facilities:
 
 
 
 
 
 
 
 
• Long-term care (intermediate care or skilled nursing).
C
C
C
 
 
 
 
 
• Hospital, alcoholic institution.
C
C
C
 
 
 
 
 
• Medical or dental laboratory.
I
P
P
 
P
 
P
 
• Medical or dental clinic. (17)
P
P
P
P
P
 
P
 
• Industrial clinic.
 
 
 
 
P
P
P
P
• Pharmacy.
P
P
P
P
I
I
I
I
• Optician.
P
P
P
P
 
 
 
 
Public Assembly: (See also Recreation.)
 
 
 
 
 
 
 
 
• Church. (1)
C
 
C
 
C
 
 
 
• Emergency shelter, up to 30 occupants. (19)
P
P
P
 
P
 
 
 
• Emergency shelter, more than 30 occupants. (19)
C
C
C
 
C
 
 
 
• Club, lodge, meeting hall, community center (largest meeting room limited to 150 seats or 1000 sq. ft.) (1)
C
P
P
 
 
 
 
 
• Exhibit hall (no swap meets).
C
P
P
C
 
 
 
 
• Auditorium. (1)
 
C
C
C
 
 
 
 
• Theater, indoor.
 
C
C
C
 
 
 
 
• Theater, open air.
 
C
C
 
 
 
 
 
• Theater, drive-in.
 
 
C
 
 
 
 
 
Education:
 
 
 
 
 
 
 
 
• Educational institution.
C
C
P
 
 
 
 
 
• Library, reading room.
P
P
P
 
 
 
 
 
• Museum.
C
P
P
P
 
 
 
 
• Tutoring.
C
C
C
 
C
 
 
 
• Business college, vocational school (no industrial machinery or equipment), physical training school.
C
C
C
 
C
 
C
 
• Trade school.
 
 
C
 
C
 
C
 
Recreation: (See also Commercial Uses—Commercial Recreation.)
 
 
 
 
 
 
 
 
• Public park, public playground, public recreational area, public landscaped open space, public-owned historical site or feature.
P
P
P
 
P
P
P
P
• Recreation area (play area, swimming pool, racquetball courts, etc.), as an accessory use (public or private use, indoor or outdoor) to a permitted commercial or industrial use.
C
C
C
C
C
C
C
C
• Private recreation facility.
 
 
C
C
 
 
 
 
• Community recreation center.
 
P
P
 
 
 
 
 
• Golf driving range.
 
 
C
 
 
 
 
 
• Miniature golf.
 
 
C
 
 
 
 
 
• Theme recreational park.
 
 
C
C
 
 
 
 
• Tennis courts or club, indoor only.
 
 
P
P
 
 
 
 
• With outdoor courts.
 
 
C
C
 
 
 
 
• Racquetball, handball, swimming, gym, athletic club, indoor only.
 
P
P
P
 
 
 
 
• With outdoor area.
 
 
C
C
 
 
 
 
Natural Resource Development:
 
 
 
 
 
 
 
 
• Exploration and development.
C
C
C
 
C
C
C
C
Utilities and Communications: (13)
 
 
 
 
 
 
 
 
• Telephone central office, relay station.
C
C
C
 
C
C
C
C
• Flood control channel and facilities, utility corridor.
P
P
P
P
P
P
P
P
• Other public utility facilities or structures, including electrical substations, and cellular telephone facilities.
C
C
C
C
C
C
C
C
• Radio, television, microwave transmitters.
C
C
C
C
C
C
C
C
• Aviation navigational aids.
C
C
C
C
C
C
C
C
Transportation:
 
 
 
 
 
 
 
 
• Parking lot.
P
P
P
P
P
P
P
P
• Parking structure.
P
P
P
P
P
P
P
P
• Passenger station.
C
C
C
C
 
 
C
 
Other Public Services and Facilities:
 
 
 
 
 
 
 
 
• Non-City-owned public facilities.
C
C
C
C
C
C
C
C
Commercial Uses
• Any permitted commercial use with drive-in, drive-through, or walk-up window service. (Special requirements apply. See Section 19.552.070.)
C
C
C
C(14)
C
C
C
C
• Any commercial use with adult entertainment. (Special requirements apply. See Section 19.552.090.)
 
 
 
 
 
 
 
 
Offices: (2)
 
 
 
 
 
 
 
 
• Bank, financial institution.
P
P
P
P
P
P
P
P
• Business, administrative, professional.
P
P
P
P
P
P
I
I
Studios, etc.:
 
 
 
 
 
 
 
 
• Martial arts, dance or drama studio, art or music conservatory.
P
P
P
P
 
 
 
 
• Music studio, recording studio.
C
C
C
C
C
 
C
C
• Radio, television studio.
 
P
P
P
C
 
C
C
• Art studio, art gallery, interior decorating, costume design, arts and crafts, photography studio.
P
P
P
P
 
 
 
 
• Sale of art or publications related to permitted use.
I
I
I
I
 
 
 
 
Schools: (See Public Service Uses—Education.)
 
 
 
 
 
 
 
 
Personal Services:
 
 
 
 
 
 
 
 
• Barber shop, beauty salon.
P
P
P
P
 
 
 
 
• Shoe repair, tailor, dressmaker, laundromat (single batch machines only), dry cleaning (coin-operated only).
 
P
P
P
 
 
 
 
• Shoe shine kiosk.
 
P
 
P
 
 
 
 
• Automated banking service kiosk.
 
P
 
P
 
 
 
 
• Retail dry cleaning. (3)
 
P
P
P
 
 
 
 
• Health spa or salon.
 
P
P
P
 
 
 
 
• Massage establishment. (20)
C
 
C
 
 
 
 
 
• Tanning salon.
IC
IC
IC
IC
 
 
 
 
• Fortunetelling (see Chapter 5.32 for definition).
P
P
 
 
 
 
 
 
Tourist Services: (See also Public Service Uses—Public Assembly, and also the Entertainment Corridor Specific Plan document.)
 
 
 
 
 
 
 
 
• Travel and ticket agency.
P
P
P
P
 
 
 
 
• Hotel, motel, motor hotel. (12)
 
 
C
 
 
 
 
 
Commercial Recreation: (See also Public Service Use—Recreation, and also the Entertainment Corridor Specific Plan document.)
 
 
 
 
 
 
 
 
• Entertainment (see Chapter 5.24 for definition).
 
C
C
C
 
 
 
 
• Skating rink.
 
C
C
C
 
 
 
 
• Skateboard park.
 
 
C
C
 
 
 
 
• Dancehall or other establishment with public dancing.
 
 
C
C
 
 
 
 
• Game machine arcade. (4)
 
C
C
C
 
 
 
 
• Batting cages.
 
 
C
 
 
 
 
 
• Billiard parlor, poolroom.
 
C
C
C
 
 
 
 
• Bowling alley.
 
C
C
C
 
 
 
 
Retail Sales: (See also Food Sales and Service, Vehicle Sales and Rentals, Vehicle-Related Sales with Related Service and Repair, and Other Sales and Service.) (All sales to be indoor only, unless indicated otherwise.)
 
 
 
 
 
 
 
 
• Furniture, carpets.
 
P
P
P
P
 
 
 
• Household appliances, electrical appliances, radios, television sets, computer equipment.
 
P
P
P
P
 
 
 
• Department store, variety store, dry goods and notions.
 
P
P
P
 
 
 
 
• Apparel—clothing, millinery, shoes, etc.
 
P
P
P
 
 
 
 
• Jewelry, cameras and supplies, luggage, sporting goods, toys.
 
P
P
P
 
 
 
 
• Hobby shop.
 
P
P
P
 
 
 
 
• Drugstore.
 
P
P
P
 
 
 
 
• Tobacco shop. (21)
I
P
P
P
 
 
 
 
• Pet shop and supplies.
 
P
P
P
 
 
 
 
• Key shop kiosk.
 
P
 
P
 
 
 
 
• Gifts, souvenirs.
 
P
P
P
 
 
 
 
• Flower shop.
P
P
P
P
 
 
 
 
• Flower kiosk.
 
P
 
P
 
 
 
 
• Stationery and office supply
 
P
P
P
P
 
 
 
• Books, newsstand.
I
P
P
P
 
 
 
 
• Video sales, rental.
 
P
P
P
 
 
 
 
• Video kiosk.
 
C
 
P
 
 
 
 
• Antiques.
 
P
P
P
P
 
 
 
• Thrift shop, secondhand goods, pawnshop.
 
 
C
 
 
 
 
 
• Auction house.
 
 
C
 
 
 
 
 
• Volume discount/warehouse store.
 
C
C
C
C
 
C
C
• Hardware, paint.
 
P
P
P
P
 
 
 
• Building materials, plumbing supplies.
 
Pc
Pc
Pc
Pc
 
 
 
• With outdoor display area.
 
C
C
C
C
 
 
 
• Garden and patio furniture and equipment.
 
P
P
P
P
 
 
 
• With outdoor display area.
 
C
C
C
C
 
 
 
• Plant nursery, with outdoor display.
 
Pc
Pc
Pc
Pc
 
Pc
 
• Pottery, ceramics.
 
P
P
P
 
 
 
 
• With outdoor display area.
 
C
C
C
 
 
 
 
• Deep discount/product liquidation.
 
P
P
 
 
 
 
 
• With outdoor display area.
 
C
C
 
 
 
 
 
• Swapmeet—Indoor/Outdoor. (18)
 
 
C
 
 
 
 
 
Food Sales and Service:
 
 
 
 
 
 
 
 
• Restaurant, with no entertainment, no liquor, no drive-in, no drive-through, no walk-up service window.
P
P
P
P
P
P
P
P
• With entertainment. (See Chapter 5.24 for definition.)
C
C
C
C
C
C
C
C
• With on-sale liquor. (5)
C
C
C
C
C
C
C
C
• With drive-in, drive-through, or walk-up service window. (See also Section 19.552.070.)
C
C
C
C(14)
C
C
C
C
• Cocktail lounge, bar.
 
Ci
Ci
Ci
 
 
 
 
• Liquor, off-sale.
 
C
C
Ci
 
 
 
 
• Supermarket, grocery, fruits and vegetables, dairy products, meat.
 
C
C
C(16)
 
 
 
 
• Deli.
Ci
P
P
P
P
 
 
 
• Confectionery, ice cream, bakery (baking for on-premises sales only).
 
P
P
P
 
 
 
 
• Banquet caterer.
 
C
C
 
C
 
 
 
• Catering truck terminal (including commissary and kitchens).
 
 
 
 
 
 
C
C
Vehicle Sales and Rentals: (See also Other Services—Equipment Rental.)
 
 
 
 
 
 
 
 
• Automobile rental agency.
 
C
P
 
P
 
 
 
• Vehicle sales, leasing and rental agency (office use only).
 
 
 
P
 
 
 
 
• New and used sales/lease of autos, motorcycles, or trucks not exceeding 3 tons gross vehicle weight unladen, and trailers up to 2 ton carrying capacity.
 
 
Pc
 
Pc
 
 
 
• New and used sales/lease of trucks exceeding 3 tons gross vehicle weight unladen, and trailers over 2 tons carrying capacity.
 
 
 
 
C
 
Pc
Pc
Vehicle-Related Sales with Related Service and Repair: (Any installation shall be conducted within a building.)
 
 
 
 
 
 
 
 
• Retail sales of auto parts or accessories, not including tires.
 
Pc
Pc
Pc
Pc
 
 
 
• Wholesale of auto parts or accessories, not including tires.
 
 
 
 
Pc
 
Pc
Pc
• Auto window tinting.
 
 
C
 
C
 
Pc
 
• Machining or repair of auto parts or accessories, not including tires.
 
 
C
 
C
 
C
C
• Tires, retail sales and/or installation for vehicles not exceeding 3 tons gross vehicle weight unladen.
 
C
C
Ci
C
 
 
 
• Tires, retail sales and/or installation for vehicles exceeding 3 tons gross vehicle weight unladen.
 
 
C
 
C
 
C
 
• Tires, wholesale and/or installation.
 
 
 
 
 
 
Pc
Pc
Other Sales and Service:
 
 
 
 
 
 
 
 
• Bicycle sales, rental, or repair.
 
P
P
P
P
 
 
 
• Boat accessories, sales with no installation.
 
P
P
P
P
 
 
 
• Boat sales, up to 28 ft. hull length.
 
 
Pc
 
Pc
 
Pc
 
• Boat repair and/or service, up to 28 ft. hull length. (All work shall be conducted within a building.)
 
 
C
 
C
 
C
C
Vehicle Repair, Service: (All work shall be conducted within a building.)
 
 
 
 
 
 
 
 
• Light repair and/or service of vehicles not exceeding 3 tons gross vehicle weight unladen.
(Work shall not include engine valves repair or replacement, engine overhaul or replacement, transmission repair or replacement, radiator repair or replacement, muffler repair or replacement, body and fender work, detailing, painting or upholstery.)
 
C
C
Ci(15)
C
 
Pc
 
• Heavy repair and/or service of vehicles not exceeding 3 tons gross vehicle weight unladen.
 
 
C
 
C
 
Pc
 
• Repair and/or service of vehicles exceeding 3 tons gross vehicle weight unladen or trailers over 2 ton capacity.
 
 
 
 
C
 
C
C
• Repair and/or service of motorcycles only in conjunction with sales of new and used motorcycles.
 
 
C
 
C
 
 
 
Vehicle Service:
 
 
 
 
 
 
 
 
• Mechanical carwash. (6)
 
C
C
 
C
 
 
 
• Automobile service station. (7)
 
C
C
 
C
 
C
C
• Quick tune-up/oil change/lube shop.
 
C
C
C
C
 
C
C
Printing Services:
 
 
 
 
 
 
 
 
• Instant printing, copying, addressographing, mimeographing, photostating, blueprinting.
P
P
P
P
P
P
P
 
• Photoengraving, offset printing.
 
 
 
 
Pc
Pc
Pc
 
• Printing.
 
 
 
 
Pc
 
Pc
Pc
• Photo film drop-off/pick-up kiosk.
 
P
 
P
 
 
 
 
• Retail photo film and print processing.
 
P
P
P
 
 
 
 
• Photo film and print processing plant.
 
 
 
 
Pc
 
Pc
Pc
• Custom furniture upholstery and reupholstery.
 
P
P
 
P
 
 
 
• Picture framing and glazing.
 
P
P
P
P
 
 
 
• Watch repair, camera repair, radio, stereo, television, personal computers, other small appliance repair.
 
P
P
P
P
 
 
 
• Locksmith.
 
P
P
P
P
 
 
 
• Repair of lawnmowers, larger electrical appliances, precision instruments, nonpneumatic tools (all work to be indoors).
 
 
 
 
Pc
 
Pc
 
• Repair of pneumatic tools.
 
 
 
 
C
 
C
 
• Rental of light equipment (up to single unit trucks).
 
 
 
 
C
 
Pc
 
• Rental of heavy equipment (semi-tractors, cranes, etc.).
 
 
 
 
C
 
C
C
• Small animal grooming (no boarding).
 
P
P
 
P
 
 
 
• Small animal hospital.
 
 
C
 
Pc
 
Pc
 
• Veterinary clinic.
 
C
C
I
Pc
 
Pc
 
• Kennel.
 
 
 
 
 
 
C
 
• Taxidermy.
 
 
 
 
P
 
P
 
• Mortuary.
 
 
C
 
 
 
 
 
Industrial Uses
Research, Development and Testing:
 
 
 
 
 
 
 
 
• Research and development institution or laboratory (no manufacturing), testing laboratory.
C
 
C
 
C
C
Pc
Pc
Storage:
 
 
 
 
 
 
 
 
• Mini-storage space rental for public self-storage.
 
 
 
 
Pc
 
Pc
 
• Outdoor storage space rental for boats and vehicles
 
 
 
 
C
 
C
C
• Off-site inventory storage for auto dealerships.
 
 
 
 
C
 
C
C
• Above-grade fuel tank storage with 500 gallon and greater capacity. (8)
Ci
Ci
Ci
 
Ci
Ci
Ci
CI
• Below-grade fuel tanks and abovegrade fuel tanks with less than 500 gallon capacity. (8)
P
P
P
 
P
P
P
P
• Transit or transportation equipment storage (no truck or railroad freight yard).
 
 
 
 
 
 
Pc
Pc
• Freight yard or terminal truck, railroad.
 
 
 
 
 
 
 
C
• Warehouse, distribution center, storage building.
 
 
 
 
Pc
 
Pc
Pc
• Outdoor storage, other than a contractor's storage facility. (9)
 
 
 
 
I
 
I
I
• Cold storage.
 
 
 
 
Pc
 
Pc
Pc
• Frozen food locker.
 
I
I
 
Pc
 
Pc
 
• Ice plant.
 
 
 
 
 
 
C
Pc
• Lumberyard.
 
 
C
 
Pc
 
Pc
Pc
• Contractor's storage facility, with main building.
 
 
 
 
 
 
C
C
Wholesale:
 
 
 
 
 
 
 
 
• Wholesale business.
 
 
 
 
Pc
 
Pc
Pc
• Wholesale with retail outlet.
 
 
 
 
Pc
 
C
C
Industrial Processes:
 
 
 
 
 
 
 
 
• Cabinet shop, machine shop (no punch presses over 20- tons), sheet metal shop, tinsmith, welding shop.
 
 
 
 
Pc
 
Pc
Pc
• Laundry, cleaning and dyeing plant, carpet cleaning and dyeing, textile dyeing.
 
 
 
 
 
 
C
C
• Fabrication from finished rubber, plastics.
 
 
 
 
 
 
C
Pc
• Fabrication from shell, cellophane, cork, fiber, fur, glass, finished leather, gems, textiles, tobacco, wood.
 
 
 
 
 
Pc
Pc
Pc
• Packaging or assembly of products from previously manufactured components (no outdoor storage of bulk materials, final product not over 50 pounds).
 
 
 
 
Pc
 
Pc
Pc
• Manufacturing, compounding, assembly, packaging, or treatment of merchandise made from the following previously prepared materials:
canvas, cloth, textiles, yarn, cork, leather, plastics, cellophane, synthetics, precious or semi-precious metal (excluding metal stamping), stone (excluding grinding, cutting or dressing, granite, etc), wood (excluding prefabrication of building components, cabinet shops, furniture manufacturing, lumberyard, planing mill).
 
 
 
 
P
 
P
P
• Assembly of electrical appliances, electronic instruments or devices, precision instruments, radios, computer components, phonographs, television sets (may include manufacturing of small parts only).
 
 
 
 
 
P
P
P
• Smelting of precious or semi-precious metal.
 
 
 
 
 
 
C
C
• Drop forge, foundry.
 
 
 
 
 
 
 
C
• Paint mixing.
 
 
 
 
 
 
C
C
• Grinding, cutting or dressing of stone, marble or granite, etc.
 
 
 
 
 
 
C
C
• Metal fabricating (no foundry), metal plating, metal finishing.
 
 
 
 
 
 
 
Pc
• Metal engraving.
 
 
 
 
 
 
Pc
Pc
Manufacturing of:
 
 
 
 
 
 
 
 
• Acid.
 
 
 
 
 
 
 
C
• Soap (cold mix only).
 
 
 
 
 
 
C
Pc
• Cosmetic goods, toiletries, or drugs.
 
 
 
 
Pc
 
Pc
Pc
• Ceramics.
 
 
 
 
C
 
C
C
• Ceramic products using only previously pulverized clay and fired in kilns using only electricity or gas.
 
 
 
 
C
 
C
Pc
• Aircraft (no foundry).
 
 
 
 
 
 
 
Pc
• Boats, less than 28 ft. hull length.
 
 
 
 
C
 
C
C
• Hull length greater than 28 ft.
 
 
 
 
 
 
C
C
• Furniture, garden patio furniture and equipment.
 
 
 
 
 
 
C
Pc
• Garments, gloves, shoes.
 
 
 
 
 
 
Pc
Pc
• Signs.
 
 
 
 
 
 
Pc
Pc
• Electrical appliances, instrumental or equipment.
 
 
 
 
 
 
Pc
Pc
• Jewelry, watches.
 
 
 
 
P
 
P
P
Food Manufacturing or Processing:
 
 
 
 
 
 
 
 
• Manufacturing, processing, canning or packing of meat, fish, dog or cat food, lard, pickles, sauerkraut, vinegar, coffee, dressing, or poultry.
 
 
 
 
 
 
 
C
• Winery.
 
 
 
 
 
 
C
C
• Brewery.
 
 
 
 
 
 
 
Pc
• Processing, canning or packing fruits or vegetables.
 
 
 
 
 
 
C
Pc
• Bakery.
 
 
 
 
Pc
 
Pc
Pc
• Candy or nut packing (no roasting).
 
 
 
 
Pc
 
Pc
Pc
• Candy manufacturing, nut processing.
 
 
 
 
 
 
C
C
• Dairy products manufacturing.
 
 
 
 
 
 
C
Pc
• Bottling.
 
 
 
 
 
 
Pc
Pc
Temporary Uses
• Temporary uses, as provided in Title 19, Division 10.
T
T
T
T
T
T
T
T
• On-site construction facilities. (10)
P
P
P
P
P
P
P
P
• On-site real estate sales office. (11)
P
P
P
P
P
P
P
P
Notes:
1
Bingo games shall be permitted as an accessory use only when authorized under Chapter 5.16 et seq., and only when fire and safety regulations are met and parking facilities are fully conforming to the requirements for public assembly use.
2
In an integrated center within the CS zone, a conditional use permit is required to establish an administrative or professional business office use in excess of 5,000 square feet gross floor area or to establish any office use which will cause the center's gross floor area devoted to offices to exceed 20 percent.
3
Special limitations apply for retail dry cleaning. See Section 19.552.020.
4
Special requirements apply for game machine arcades. See Section 19.552.040.
5
Special requirements apply for restaurants with on-sale liquor. See Section 19.552.030.
6
Special requirements apply for carwashes. See Section 19.552.060.
7
Special requirements apply for automobile service stations. See Section 19.552.050.
8
Above-grade fuel tanks subject to applicable setbacks and screening from public view.
9
Special requirements apply for outdoor storage. See Section 19.524.020.
10
Offices, storage, activities, and facilities directly pertaining to construction on the same site provided construction is not suspended for a permitted use for more than 30 consecutive days.
11
Temporary real estate sales office, only for sales or leasing of new subdivision and for not more than 1 year.
12
Special requirements apply for hotels, motels, and motor hotels. See Sections 19.104.080 and 19.552.110.
13
See Division 12 of Zoning Ordinance.
14
In the CR zone, drive-in and drive-through service for any commercial use may be considered only within the Master Plan Area North, pursuant to the provisions and requirements of Chapter 19.556. Within the Master Plan Area South, a walk-up window for a commercial use may be considered only within an approved Entertainment Promenade pursuant to the provisions and requirements of Chapter 19.556.
15
In the CR zone, use may be considered only within the Master Plan Area South. See Chapter 19.556.
16
In the CR zone, use may be considered only within the Master Plan Area North. See Chapter 19.556.
17
In the CR zone, use may be permitted within multi-tenant buildings only.
18
Special requirements apply for indoor swap meets. See Section 19.552.111.
19
Special requirements apply for emergency shelters. See Section 19.552.112.
20.
Special requirements apply to massage establishments. See Section 19.552.130.
21.
Special requirements apply to tobacco shop use See Section 5.60 of the BPMC.
B. 
Those uses listed as accessory uses in the uses permitted table are subject to the definition of accessory use in Section 19.104.080 as well as the meanings of the indicated symbols in the table.
(Ord. 1340 § 4, 1996; Ord. 1344 § 4, 1997; Ord. 1348 § 11, 1997; Ord. 1382 § 10, 1998; Ord. 1405 § 6, 2000; Ord. 1437 § 3, 2002; Ord. 1478 § 4, 2005; Ord. 1498 § 3, 2007; Ord. 1564 § 3, 2013; Ord. 1602 § 5, 2016; Ord 1701 § 3, 2021)

§ 19.512.020 Parking Overlay Classification.

Property located in an area shown on the Zoning Map with the symbol "P" may be used for a parking lot or parking structure as a primary use in lieu of, but not in combination with, other uses authorized for the underlying zone. Such parking use shall serve activities located in the same or adjacent zones. Yard, setback, and landscape requirements of the underlying zone shall apply.

§ 19.512.030 NC, Neighborhood Commercial Overlay Classification for Properties Along Commonwealth Avenue Between Stanton and Indiana Avenues.

Property located in the area identified on the Zoning Map with the symbol "NC Overlay Classification" with the underlying zoning district designation of CM (Commercial Manufacturing) or ML (Light Industrial) shall use the "NC Overlay Classification matrix" (Table 19.512.030) in determining permitted uses. Yard, setbacks, parking, landscape and other related special development requirements to the specific underlying zone shall apply. Certain retail related uses as identified in Table 19.512.030 may be accommodated within existing multi-tenant retail centers only. The following provisions shall specifically apply to the NC Commercial Overlay Classification:
A. 
Non-conforming Uses and Sites. Developed sites that are "Nonconforming" per the underlying ML and CM zoning standards shall comply with the provisions as stated in Chapter 19.204. The NC Overlay Classification shall apply to existing Nonconforming structures only and may not be expanded or rebuilt. Improvements shall be limited to acceptable tenant improvements and property maintenance only.
B. 
Signs. All properties shall conform with the General Sign Provisions as contained within Chapter 19.904 and Sign Standards for Commercial and Industrial Zones as contained in Chapter 19.912.
1. 
Existing Multi-Tenant Retail Commercial Centers. All properties shall conform with any previously approved Sign Program for Integrated Developments in Commercial Zones as contained in Section 19.912.020, or with Section 19.912.010, "General Provisions".
USES PERMITTED—NEIGHBORHOOD COMMERCIAL OVERLAY CLASSIFICATION
Uses
NC
Residential Uses
Group Quarters:
 
• Convent, rectory, dormitory, fraternity or sorority house, etc.
Ci
Transient Quarters: (See Commercial Uses—Tourist Services)
 
Permanent Supportive Housing
DA (13)
Public Service Uses
Community Day Care:
 
• Child day care center.
I
• Adult day care center.
I
Health Facilities:
 
• Long-term care (intermediate care or skilled nursing).
C
• Hospital, alcoholic institution.
 
• Medical or dental laboratory.
P
• Medical or dental clinic.
P
• Industrial clinic.
 
• Pharmacy.
P
• Optician.
P
Public Assembly: (See also Recreation)
 
• Church. (1)
C
• Club, lodge. meeting hall, community center (largest meeting room limited to 150 seats or 1000 sq. ft. (1)
C
Education:
 
• Library, reading room.
P
• Museum.
C
• Tutoring.
C
• Business college, vocational school (no industrial machinery or equipment), physical training school.
C
• Trade school.
C
Utilities and Communications:
 
• Telephone central office relay station.
C
• Flood control channel and facilities, utility corridor.
P
• Other public utility facilities or structures, including electrical substations, and cellular telephone facilities.
C
• Radio, television, microwave transmitters.
C
• Aviation navigational aids.
C
Transportation:
 
• Parking lot.
P
• Parking structure.
P
• Passenger station.
 
Other Public Services and Facilities:
 
• Non-City-owned public facilities.
C
Commercial Uses
• Any permitted commercial use with drive-in, drive-through, or walk-up window service. (Special requirements apply. See Section 19.552.070.)
C
Offices: (2)
 
• Bank, financial institution.
P
• Business, administrative, professional.
P
Studios, etc.:
 
• Martial Arts, dance or drama studio, art or music conservatory. (12)
P
• Music studio, recording studio. (12)
C
• Radio, television studio.
C
• Art studio, art gallery, interior decorating, costume design, arts and crafts, photography studio.
P
• Sale of art or publications.
I
Schools: (See Public Service Uses—Education.)
 
Personal Services:
 
• Barber shop, beauty salon. (12)
P
• Shoe repair, tailor, dressmaker, laundromat (single batch machines only), dry cleaning (coin-operated only). (12)
P
• Retail dry cleaning. (3) (12)
P
• Health spa or salon. (12)
P
Tourist Services: (See also Public Service Uses—Public Assembly, and also the Entertainment Corridor Specific Plan document.)
 
• Travel and ticket agency.
P
Retail Sales:
 
• Furniture, carpets. (12)
P
• Household appliances, electrical appliances, radios, television sets, computer equipment. (12)
P
• Department store, variety store, dry goods and notions. (12)
P
• Apparel—clothing, millinery, shoes (12).
P
• Jewelry, cameras and supplies, luggage, sporting goods, toys. (12)
P
• Hobby shop. (12)
P
• Drugstore. (12)
P
• Tobacco shop. (12) (14)
P
• Pet shop and supplies. (12)
P
• Gifts, souvenirs. (12)
P
• Flower shop. (12)
P
• Stationary and office supply. (12)
P
• Books, newsstand. (12)
P
• Video sales, rental. (12)
P
• Antiques. (12)
P
• Thrift shop, secondhand goods.
C
• Volume discount/warehouse store.
C
• Hardware, paint.
P
• Building materials, plumbing supplies.
Pc
• With outdoor display area.
C
• Garden and patio furniture and equipment.
Pc
• With outdoor display area.
C
• Plant nursery, with outdoor display.
Pc
• Pottery, ceramics.
P
• With outdoor display area.
Pc
Food Sales and Service:
 
• Restaurant, with no entertainment, no liquor, no drive-in, no drive-through, no walk-up service window.
P
• With entertainment (See Chapter 5.24 for definition).
C
• With on-sale liquor. (5)
C
• With drive-in, drive-through, or walk-up service window. (See also Section 19.552.070.)
C
• Supermarket, grocery, fruits and vegetables, dairy products, meat. (12).
C
• Deli. (12)
C
• Confectionery, ice cream, bakery(12) (baking for on-premises sales only).
P
• Banquet caterer.
C
Vehicle Sales and Rentals: (See also Other Services—Equipment Rental.)
 
• Automobile rental agency (Showroom req.).
C
• New and used sales / lease of autos, motorcycles, or trucks not exceeding 3 tons gross vehicle weight unladen, and trailers up to 2 ton carrying capacity.
C
• New and used sales / lease of trucks exceeding 3 tons gross vehicle weight unladen, and trailers over 2 ton carrying capacity.
C
Vehicle-related Sales with Related Service and Repair:
(Any installation shall be conducted within a building)
 
• Retail sales of auto parts or accessories, not including tires.
Pc
• Wholesale of auto parts or accessories, not including tires.
Pc
• Auto window tinting.
Pc
• Machining or repair of auto parts or accessories, not including tires
C
• Tires, retail sales and/or installation for vehicles not exceeding 3 tons gross vehicle weight unladen.
C
• Tires, retail sales and/or installation for vehicles exceeding 3 tons gross vehicle weight unladen.
C
• Tires, wholesale and/or installation.
Pc
Other Sales and Service:
 
• Bicycle sales, rental, or repair.
P
• Boat accessories, sales with no installation.
C
• Boat sales, up to 28 ft. hull length.
Pc
• Boat repair and/or service, up to 28 ft. hull length. (All work shall be conducted within a building.)
C
Vehicle Repair, Service: (All work shall be conducted within a building)
 
• Light repair and/or service of vehicles not exceeding 3 tons gross vehicle weight unladen. (Work shall not include engine valves repair or replacement, engine overhaul or replacement, transmission repair or replacement, radiator repair or replacement, muffler repair or replacement, body and fender work, detailing, painting or upholstery)
C
• Heavy repair and/or service of vehicles not exceeding 3 tons gross vehicle weight unladen.
C
• Repair and/or service of motorcycles only in conjunction with sales of new and used motorcycles.
C
Vehicle Service:
 
• Mechanical carwash. (6)
C
• Automobile service station (7), tune-up shop, quick lube shop.
C
Printing Services:
 
• Instant printing, copying, addressographing, mimeographing, photostating, blueprinting.
P
• Photoengraving, offset printing.
Pc
• Printing.
Pc
• Retail photo film and print processing.
P
• Photo film and print processing plant.
Pc
Other Services.:
 
• Custom furniture upholstery and reupholstery. (12)
P
• Picture framing and glazing. (12)
P
• Watch repair, camera repair, radio, stereo, television, personal computers, other small appliance repair. (12).
P
• Locksmith. (12)
P
• Repair of lawnmowers, larger electrical appliances, precision instruments, nonpneumatic tools, (all work to be indoors).
C
• Repair of pneumatic tools.
C
• Rental of light equipment (up to single unit trucks).
C
• Rental of heavy equipment (semi-tractors, cranes, etc.).
 
• Small animal grooming (no boarding).
P
• Small animal hospital, veterinary clinic.
C
• Taxidermy.
P
Research, Development and Testing:
 
• Research and development institution or laboratory (no manufacturing), testing laboratory.
C
Storage:
 
• Mini-storage space rental for public self-storage.
C
• Outdoor storage space rental for boats and vehicles.
C
• Off-site inventory storage for auto dealerships.
Pc
• Above-grade fuel tank storage with 500 gallon and greater capacity. (8)
Ci
• Below-grade fuel tanks and above-grade fuel tanks with less than 500 gallon capacity. (8)
P
• Warehouse, distribution center, storage building.
Pc
• Cold storage.
 
• Frozen food locker.
I
• Contractor's storage facility, with main building.
C
Wholesale:
 
• Wholesale business.
C
• Wholesale with retail outlet.
C
Industrial Processes:
 
• Packaging or assembly of products from previously manufactured components (no outdoor storage of bulk materials, final product not over 50 pounds).
Pc
• Assembly of electrical appliances, electronic instruments or devices, precision instruments, radios, computer components, phonographs, television sets (may include manufacturing of small parts only).
C
• Metal engraving.
Pc
Manufacturing of:
 
• Cosmetic goods, toiletries, or drugs.
Pc
• Ceramic products using only previously pulverized clay and fired in kilns using only electricity or gas.
C
• Boats, less than 28 ft. hull length.
 
• Hull length greater than 28 ft.
 
• Furniture, garden patio furniture and equipment.
C
• Garments, gloves, shoes.
Pc
• Signs.
 
• Electrical appliances, instrumental or equipment.
Pc
• Jewelry, watches.
P
Food Manufacturing:
 
• Winery.
C
• Processing, canning or packing fruits or vegetables.
C
• Bakery.
Pc
• Candy or nut packing, (no roasting).
Pc
• Candy manufacturing, nut processing.
C
• Dairy products manufacturing.
C
• Bottling.
Pc
Temporary Uses
• Temporary uses, as provided in Title 19, Division 10.
T
• On-site construction facilities. (10)
P
• On-site real estate sales office. (11)
P
Notes:
1
Bingo games shall be permitted as an accessory use only when authorized under Chapter 5.16 et seq., and only when fire and safety regulations are met and parking facilities are fully conforming to the requirements for public assembly use.
2
In an integrated center within the CS zone, a conditional use permit is required to establish an administrative or professional business office use in excess of 5,000 square feet gross floor area or to establish any office use which will cause the center's gross floor area devoted to offices to exceed 20 percent.
3
Special limitations apply for retail dry cleaning. See Section 19.552.020.
4
Special requirements apply for game machine arcades. See Section 19.552.040.
5
Special requirements apply for restaurants with on-sale liquor. See Section 19.552.030.
6
Special requirements apply for carwashes. See Section 19.552.060.
7
Special requirements apply for automobile service stations. See Section 19.552.050.
8
Above-grade fuel tanks subject to applicable setbacks and screening from public view.
9
Special requirements apply for outdoor storage. See Section 19.524.020.
10
Offices, storage, activities, and facilities directly pertaining to construction on the same site provided construction is not suspended for a permitted use for more than 30 consecutive days.
11
Temporary real estate sales office, only for sales or leasing of new subdivision and for not more than 1 year.
12
Permitted within existing multi-tenant centers only. Subject to the Neighborhood Commercial Overlay Classification provisions as stated in Division 5, Section 19.512.030.
13
Use eligible for consideration by entering into a Development Agreement pursuant to California Government Code Section 65865 et seq.
14
Special requirements apply to tobacco retail establishments. See Chapter 5.60.
(Ord. 1350 § 9.B, 1997; Ord. 1677 § 5, 2020; Ord. 1701 § 4, 2021)

§ 19.512.040 Mixed Use Overlay Classification.

(RESERVED)

§ 19.512.050 Interpretation of Uses Permitted.

Further definition and enumeration of uses permitted in the various zones may be determined by interpretation in accordance with Section 19.128.010.

§ 19.516.010 Buildings Required.

A. 
All activities and facilities, where permitted by other provisions of this Division, shall be enclosed within permanently constructed buildings.
B. 
Outdoor activities, storage, and display may be permitted in accordance with Sections 19.512.010, 19.524.020 and 19.524.030, and the regulations and limitations of Division 10, Title 19.
C. 
Where a use is permitted by conditional use permit, temporary use permit, or special permit (see Division 10, Title 19), outdoor activities and temporary facilities may be authorized by the terms of such permit notwithstanding the provisions of this section.

§ 19.516.020 Building Type.

Every building shall be designed or remodeled to accommodate its use in accordance with applicable building codes and other laws. A residential building shall not be occupied by a nonresidential primary use.

§ 19.516.030 Building Materials.

No building shall have a metallic exterior surface such as, but not limited to, galvanized, corrugated or interlocking metal sheets, unless the use of such metallic surface material is approved under the site plan review procedure (Section 19.128.040) for the purpose of enhancing the architectural quality of the building while preserving architectural harmony and compatibility with the surrounding area.
A. 
Except for properties within the Auto Center Specific Plan (ACSP), no person shall maintain or permit to be maintained a canopy or tarp in the Commercial/Industrial zones, unless the canopy or tarp has been approved under the Temporary Use Permit process (Chapter 19.104).
B. 
No person shall maintain or permit to be maintained a canopy or tarp in the Industrial zones.
(Ord. 1450 § 6, 2004)

§ 19.516.040 Height of Structures.

A. 
The maximum height of any building or structure shall be as shown in Table 19.516.040.
Table 19.516.040
HEIGHT LIMITS—COMMERCIAL / INDUSTRIAL ZONES
Zones
Maximum Height
Within Fifty Feet of Any Residential Zone
More than Fifty Feet from any Residential Zone
CO, CS, CG, CR
1 story or 15 feet, whichever is less
4 stories or 45 feet, except that a greater height may be authorized by a conditional use permit. In addition, at any point the height shall not be more than the horizontal distance from the nearest residential zone and not more than 2 times the horizontal distance from the nearest street property line. (1)
CM, MR, ML, MH
20 feet
At any point, the height shall not be more than 35 feet plus 1 foot for each foot of horizontal distance in excess of 50 feet from the nearest residential zone or street property line, except that a greater height may be authorized under a conditional use permit.
Note:
(1)
Special provisions apply for the building height from the nearest street property line within a master-planned development in the CR zone pursuant to Chapter 19.556.
B. 
Antennae. Notwithstanding the restrictions of subsection A of this section, radio, television, microwave antennae, and similar equipment shall be subject to the following regulations:
1. 
Ground-mounted antennae which are incidental or accessory uses are permitted to a height of sixty feet, unless permitted higher by a conditional use permit.
2. 
Roof-mounted antennae, which shall include dishes to a maximum of twenty-four inches in diameter, may be used but may not be more than twenty-five feet higher than the highest point of the building to which they are attached, unless permitted higher by the issuance of a conditional use permit.
3. 
Dish antennae exceeding twenty-four inches in diameter may be roof-mounted, provided that they are screened from public view or approved by a conditional use permit.
4. 
Any antenna that is primary to the use shall be subject to the height limit established under a conditional use permit.
(Ord. 1382 § 11, 1998)

§ 19.520.010 Future Rights-of-Way.

A. 
This section is applicable only where a portion of a lot is within an area planned to be part of a future street, alley, or other public right-of-way as determined from an officially adopted plan, and the acquisition of such portion would not reduce the buildable lot width to less than forty feet.
B. 
In cases to which this section applies, the portions of any lot within any such future right-of-way area shall not be occupied by structures other than those encroachments allowed in future rights-of-way as provided in subsection C of this section. All other required setbacks, yards, and open areas shall be provided in addition to the future right-of-way areas, and the future right-of-way lines shall be considered to be lot lines for purposes of measuring such other setbacks, yards, and open areas.
C. 
Permitted Encroachments. The following encroachments are permitted within the future rights-of-way area:
1. 
Fences, walls, or hedges, not over 2 feet high.
2. 
Landscaping.
3. 
Access walkways and driveways.

§ 19.520.020 Front, Side, and Rear Yards.

A. 
Each lot shall have front, side, and rear yard setbacks not less than the amounts shown in Table 19.520.020.
B. 
Permitted Encroachments. The following encroachments are permitted within the required yards:
1. 
Front Yard, and Side / Rear Yards Abutting a Street.
a. 
Building features, such as:
(i) 
Cantilevered eaves, awnings, and shading devices, not more than a 33 percent projection into required yard.
(ii) 
Architectural features, such as sills, columns, cornices, and buttresses, not more than 2.5 foot projection into required yard. These features may also provide structural support for permitted cantilevered features within required yard.
(iii) 
Decorative, open-sided canopies with supports over walkways and pedestrian areas, not more than a 33 percent projection into required yard.
b. 
Parking, subject to the following minimum setbacks from the street property line and with no vehicular overhang:
Zones
Minimum setback for parking
CO, CS, CG, CR, CM
10 feet
ML
15 feet
MH
20 feet
MR
25 feet
c. 
Signs, subject to sign regulations of Division 9.
d. 
Fences, walls, and hedges, not over 3.5 feet high with solid part not over 2 feet high.
e. 
Decorative pools and fountains, not over 18 inches deep.
f. 
Landscaping.
g. 
Access walkways and driveways.
h. 
Passive seating and bus shelter area.
2. 
Side and Rear Yard, Abutting a Residential Zone.
a. 
Projections from buildings, such as eaves, awnings, shading devices, and other architectural features, with no ground support and projecting not more than 2.5 feet into required yard.
b. 
Free-standing mechanical equipment, subject to sight-screening and noise control provisions of this Code.
c. 
Above-ground utility-owned facilities, when otherwise permitted within utility easement.
d. 
Signs, subject to sign regulations of Division 9.
e. 
Decorative pools, not over 18 inches deep.
f. 
Access walkways.
g. 
Parking and driveways, subject to the minimum landscape buffer requirements of Section 19.532.010.
h. 
Trash enclosure, with solid roof and location subject to Director approval.
(Ord. 1382 §§ 12, 13, 1998)

§ 19.520.030 Zero Side or Rear Yard.

Where no side or rear yard is required or where a zero side yard is permitted, any building or structure shall be located either at the property line or at least three feet from the property line.
Table 19.520.020
YARDS REQUIRED—COMMERCIAL / INDUSTRIAL ZONES
Zone:
Front Yard (in feet)
Side or Rear Yard
Abutting a Street (in feet)
Abutting Property in Residential Zone (in feet)
Abutting Property in Nonresidential Zone (in feet)
CO
20
20
10
0 (1)
CS
20
20
10
0 (1)
CG
20
20
10
0 (1)
CR
20
20
10
0 (1)
CM
20
20
25
0 (1)
MR
50
50
50
0 (1)
ML
25
15
25
0 (1)
MH
50
20
25
0 (1)
Notes:
(1)
Building or structure shall be located either at the property line or at least four feet from the property line.

§ 19.524.010 Trash Storage Facilities.

A. 
All refuse shall be stored within trash containers which meet City standards. Except when temporarily placed for pickup, all such containers shall be located or screened so as not to be in public view.
B. 
Except for a temporary use, all non-residential uses, as well as mobile home parks and group quarters in the commercial and industrial zones shall provide a trash enclosure for the purpose of: screening the trash container(s) from public view, maintaining any loose debris within the enclosure, providing a permanent location for the container(s) that will not encroach upon driveways, parking, pedestrian, and emergency access areas, eliminating the accessibility of trash to the elements and animals, and to prevent rainwater infiltration into the trash storage area and run-off from reaching storm drains. The trash enclosure shall conform to the following standards:
1. 
All required trash enclosures shall include adequate, accessible, and convenient areas for storing and loading trash, recyclables, and organic materials, and shall meet the requirements as shown in Illustrations 19.524.010.
2. 
Location. Enclosures shall be readily accessible to building occupants, facility maintenance personnel, and to the City's contracted trash hauler, and shall not interfere with other activities on the site. An enclosure shall be located within 250 feet of the appropriate doorway of each business. Enclosures shall provide adequate access so as to minimize effort in the collection and removal of container contents from the enclosures. A rear or side access door or gate shall be installed for multi-tenant users to easily access bins. Such location shall be subject to the approval of the Planning Division.
3. 
Maintenance. All trash enclosures and adjacent paving shall be maintained.
4. 
If the required expansion of any existing trash enclosure requires the removal of one parking space or increase in the number of compact parking spaces beyond what is allowed under Section 19.536.060 (Parking Dimensions and Layout), it may be granted under Section 19.128.090 (Zoning Compliance Review).
5. 
All trash enclosures shall obtain approval for capacity, location, and design from the City's franchise waste hauler before issuance of a building permit.
C. 
Upon written acceptance from the franchised agent for trash disposal, the requirement for a trash enclosure may be waived by the Director for a trash compactor, provided that the storage of the compactor and all trash shall be kept within the building and that the type and amount of trash will not create a public nuisance.
Illustration 19.524.010
Trash Enclosure Requirements Trash, Recyclables, and Organic Material Waste Bins
Examples
Access/Location Requirements:
Maneuvering areas shall meet the minimum requirements of equivalent size loading area including:
Overhead clearance of 20 feet must be provided in front of the enclosure to allow containers to be emptied by the front-end loader collection vehicles.
A turnaround must be provided for any street, driveway, or travel aisle that would otherwise require the collection truck to back up a distance greater than 100 feet. A minimum of a 42-foot turning radius is required for solid waste collection vehicles.
Driveways and travel aisles shall conform to Section 19.436.040 (Residential Driveway Standards) for multifamily properties or Section 19.536.030 (Driveway Standards) for commercial and industrial properties, or the same standards of Orange County Fire Authority's (OCFA) Master Plans for Commercial and Residential Development for access and clearance, whichever is greater.
Construction Requirements:
Provide a minimum 6-inch reinforced block wall construction.
Enclosures shall be constructed of masonry block or concrete tilt-ups and a horizontal or sloped non-combustible material solid roof, designed to screen the bins.
Enclosures shall be appropriately located and screened from view on at least 3 sides by a wall at least 6 feet in height, and on the 4th side by gates not less than 5 feet in height made of a solid non-combustible material with latches and bolts.
The gates should be maintained in good working order and should remain closed except when in use. The enclosure opening, including gates and hinges, must provide a minimum opening of 9 feet to allow containers to be moved in and out of the enclosure.
The floor of the enclosure shall be a Portland Cement Concrete (PCC) pad, flush with adjacent driveway.
Provide a minimum 10-foot by 10-foot PCC pad outside the entrance to the enclosure that is capable of withstanding the impact of bins being set down, and a 20-ton stationary load, as needed.
Provide a 6-inch-wide by 8-inch-high concrete curb at the base of interior walls for the protection of walls from trash containers and bins.
If multiple containers are to be stored in any one trash enclosure, space must be provided to allow access to each of the bins or carts. Access aisles between containers must be a minimum of 30 inches wide.
The roof shall extend sufficiently outward in all directions so that wind-blown rain will not enter the interior of the storage area. A minimum of 8 feet of vertical clearance within the storage area shall be provided to allow the container lids to be fully opened and closed inside the trash enclosure. If fire sprinklers or drop lighting are installed within the enclosure, the minimum vertical clearance of 8 feet will be measured from the lowest point of the sprinkler heads, lighting, or any other fixture.
Enclosures for compactors located outside the building shall be constructed of masonry block, designed to screen the bins, hydraulic lines, and accessory components, and to be architecturally compatible with other buildings on the site.
Structural details shall be approved by the Building Division.
For containers exceeding 4 cubic yards, the following design features shall be followed:
A minimum of a 15-foot vertical clearance is required within the enclosure so the collection vehicle can reach the bin.
Door openings shall be a minimum of 10 feet in width to allow for direct pick up by the collection vehicle.
The entrance gate should be capable of being latched open so that an 8-foot-wide truck can access the enclosure.
Provide for direct access by the collection vehicle. At a minimum, a lane, 10 feet wide by 30 feet in length, directly in front of the enclosure.
Design/Finish:
Block walls shall be of a decorative finish and color treated to be compatible with the primary structures or walls located on the property.
Roofs shall be of a non-combustible decorative material and color to complement the design of the primary structure.
Architectural features and design shall be approved by the Planning Division.
Note:
Deviations from these standards may be considered at the discretion of the Director of Community and Economic Development.
(Ord. 1730, 11/14/2023)

§ 19.524.020 Outdoor Storage.

A. 
Outdoor storage of materials, equipment, or other items is permitted only where allowed under Section 19.512.010, subject to all other limitations of this Division and other laws. Outdoor storage shall not be located in any required parking area, loading area or accessway, in any front yard, in any area required to be landscaped, or in any area where a six-foot-high fence is not permitted.
B. 
Except as further provided in this section, all outdoor storage shall be screened from public view (as defined in Section 19.104.080); and, if located within three hundred thirty feet of a freeway or major highway, shall also be screened from view from such freeway or highway. Required screening shall be accomplished by one or more of the following methods:
1. 
By buildings or structures located on the same lot as the outdoor storage;
2. 
By buildings or structures located on abutting property where such buildings or structures immediately abut the property line;
3. 
By fences at least six feet high which meet the requirements of Chapter 19.528. Where access drives or walks enter such fenced outdoor storage areas, they shall have gates with substantially the same height, appearance, and screening effectiveness as the required fencing.
C. 
Stored materials or other items shall not be stacked higher than the sight-screening provided.
D. 
The following exceptions from the sight-screening requirements of subsections B and C of this section are permitted:
1. 
Plant nursery stock, when neatly arranged, need not be screened. All stored items other than living plants shall be screened.
2. 
New or used vehicles (not in a damaged condition and not scrap or junk) being held in storage for eventual sale by a vehicle sales agency and not part of a dealership display of clean inventory, shall be screened from public view but need not be screened from a freeway.

§ 19.524.030 Outdoor Display.

A. 
Outdoor display of materials, equipment, or other items shall be permitted only where indicated under Section 19.512.010 for permitted uses, subject to all other limitations of this Division or other law.
B. 
Outdoor display shall not be located in any required parking area, loading area, accessway, or any area required to be landscaped. Where site plans are approved pursuant to any provision of this Division, any permanent outdoor display area shall be shown thereon and subject to such approval.
C. 
Temporary Displays. Not withstanding the provisions of subsections A and B of this section, temporary outdoor displays are permitted when authorized for a temporary use permit under Division 10 of this Title. Such temporary displays may be located upon required parking areas, walkways and landscaped areas only to the extent permitted by the terms of the authorizing permit.

§ 19.528.010 General Requirements. [1]

A. 
No fence shall be constructed within the commercial and industrial zones until the plans and design for such fence shall have been approved pursuant to the zoning compliance review procedure (Section 19.128.090). In addition, a fence may require a building permit from the Building Division.
B. 
All fences, whether required or not, shall be located and limited in accordance with provisions of this Division.
C. 
Fences are required under various provisions of this Division and other laws, including, but not limited to, the screening and protection of parking areas, storage areas, swimming and therapeutic pools, and utility facilities. Such required fences together with the facilities and activities required to be enclosed shall be located so as not to conflict with open space and yard setback requirements.
D. 
Conflict with State Law. In the case of fencing requirements pursuant to state law which unavoidably conflict with the requirements of this Division, the state requirements shall prevail.
[1]
As defined in Section 19.104.080, the term "fence" as used in this Division means fence, freestanding wall, hedge, or berm unless otherwise specifically stated.

§ 19.528.020 Fence Height.

A. 
A maximum 2-foot-high solid fence may be permitted anywhere on a lot.
B. 
A not view-obscuring fence, such as wrought iron, may be permitted as follows:
1. 
A maximum of a 3.5-foot-high fence may be permitted anywhere on a lot.
2. 
A maximum of a 6-foot-high decorative fence may be permitted along any street frontage at a distance equal to or greater than the required parking setback for the zone (see subsection (b) of Section 19.520.020.B.1.). This provision shall not supersede the requirements of Chapter 19.536 of this Division.
C. 
Elsewhere, a 15-foot maximum height fence may be permitted with exceptions for the following required yards and areas:
1. 
For the CO, CS, CG, and CM zones, within the required 20-foot front yard and the required 20-foot side or rear yard, abutting a street, measured from the street property line.
2. 
For the CR zone, within the required 20-foot front yard and the required 20-foot side or rear yard, abutting a street, measured from the street property line, except that special provisions and development incentives may apply for certain uses pursuant to Chapter 19.556.
3. 
For the MR zone, within the required 50-foot front yard and the required 50-foot side or rear yard, abutting a street, measured from the street property line.
4. 
For the ML zone, within the required 25-foot front yard and the required 15-foot side or rear yard, abutting a street, measured from the street property line.
5. 
For the MH zone, within the required 50-foot front yard and the required 20-foot side or rear yard, abutting a street, measured from the street property line.
D. 
In all commercial and industrial zones, fences more than seven feet in height shall be permitted only when approved under the site plan review procedure (Section 19.128.040) and subject to the terms of such approval as well as the same yard and area restrictions detailed in subsection C of this section.
E. 
The maximum height of any fence shall be 15 feet except where a greater height is required for sightscreening or noise reduction.
(Ord. 1382 § 14, 1998; Ord. 1737, 4/9/2024)

§ 19.528.030 Fence Materials and Design.

A. 
All fences in every zone, whether required or not, shall:
1. 
Utilize no salvaged materials unless reconditioned or refinished.
2. 
Be suitably finished on both sides.
3. 
Utilize colors and materials that are compatible with the property and neighborhood.
4. 
All fences shall be maintained in good repair and appearance.
B. 
Chain Link and Wire Fencing. Except within the MH zone and as permitted within this section, there shall be no use of chain link or wire fencing in a location between a street and any buildings on a property or which otherwise faces a street property line within public view.
1. 
Chain link fencing may be used within such areas for approved temporary uses and for the purpose of temporarily securing vacant or vacated properties and construction sites.
2. 
For site screening purposes, a chain link gate with screening slats may be used across driveways within such areas.
3. 
For temporary site screening purposes for a period of 3 years or less, a chain link fence with screening slats may be used around soil remediation equipment.
4. 
Where the location and public view is a side or rear property line along a Commuter Arterial or Local Street, as defined within the Circulation Element of the General Plan, chain link fencing may be permitted in such areas pursuant to an Interdepartmental Review. Plans submitted for review shall exhibit such construction details as vinyl-coated or painted posts and top rails with a vinyl-coated heavy gauge chain link wire mesh to enhance the durability and appearance of the fence.
C. 
Vision Clearance Area. Any fence within the required vision clearance area adjacent to any driveway or alley where it intersects with a public street, as defined under section 19.536.020, shall not be a view-obscuring fence.
D. 
Any masonry wall shall be of a minimum 6 inch wide block construction. In addition, the wall shall be of ornamental masonry in earthtone colors compatible with the structures on the property. Standard grey or pink block shall not be considered as ornamental masonry and may not be used except to match existing adjacent walls.
(Ord. 1367 § 7, 1998)

§ 19.528.040 Required Fences in Commercial and Industrial Zones.

A. 
In any commercial or industrial zone, any open use (a use not including a main building) shall be fenced and landscaped along any street frontage in the same manner as required for parking areas (see subsection E of Section 19.532.010 and subsection E of Section 19.536.070).
B. 
In a commercial or industrial zone, in connection with any development, an ornamental solid masonry fence shall be provided along any property line of the subject property which abuts any residential zone. Within the front yard, such fence shall have the maximum height allowed for fences in the front yard in the abutting residential zone. Elsewhere, such fence shall be not less than six feet high and not more than seven feet high.

§ 19.528.050 Double Fences.

A. 
Any parallel fences constructed with less than 3 feet separation shall be considered double fences. It is the in-tent of the City to discourage double fences whenever possible in order to avoid areas in which children and animals may become lodged, areas which may encourage rodent infestation, and areas which may accumulate litter and debris.
B. 
In instances where double fences are unavoidable, the gap between the fences shall be completely sealed with flashing, cement cap, or other material in a manner acceptable to the Planning and Building Divisions.
C. 
Where a new fence is required along a property line and an existing fence or wall is located on the opposite side of the property line, the Director may suspend the requirement for the new fence provided that the existing fence can substantially satisfy all requirements of this Division and/or any conditions of an approval. Such suspension shall become null and void once the adjacent wall or fence is removed or found unacceptable by the Director and the requirement for the new fence shall be completed at such time.

§ 19.532.010 Where Required.

A. 
In all zones, all required yards which abut streets shall be permanently landscaped except for any portion of such yards occupied by permitted encroachments or other permitted facilities.
B. 
Except for property in the MR, ML, and MH Zones, all portions of a developed site not occupied by other permitted facilities shall be permanently landscaped.
C. 
For non-conforming residential development in the commercial and industrial zones, the landscaping requirements of Division 4 shall apply.
D. 
Landscaped Buffer—Between Commercial or Industrial Zone and Residential Zone. For any permanent nonresidential use located on a lot in a commercial or industrial zone, and where such lot abuts any residential zone, a row of trees shall be located adjacent to all such abutting residentially zoned property (in addition to the fence required by Section 19.528.040). Such buffer shall provide within a short period after installation a continuous and attractive screen of foliage in accordance with the following requirements.
1. 
The landscaped buffer shall be at least 10 feet wide. Vehicles may overhang the minimum 10 foot wide planter provided that they will not interfere with the placement of trees with any existing or proposed footings of adjacent walls.
2. 
The major component of the buffer area shall be trees of a minimum 15 gallon size. Selection of the species is optional; however, the Director shall have the authority to deny the use of any species which may be known to have a detrimental character, such as shallow root structure, excessive leaf or blossom dropping, or a species which will not provide an effective screen.
a. 
The spacing shall be no greater than the normal spread of the mature species but in no case greater than 20 feet from center to center.
b. 
In the event multi-story buildings are involved, a tree species of greater height and size may be required as a condition of approval. If the bottom line of foliage is above the fence line, additional lower growing shrubs or trees shall be interspersed to provide a continuous visual screen. The tree species shall provide such continuous screening within five years.
c. 
The size, shape, and rate of growth of any species shall be as defined in any landscape reference source acceptable to the Director.
E. 
Parking Lot Landscaping Improvements.
1. 
Landscaped Buffers Along Streets. Within the required setback areas for parking (See Section 19.520.020), one of the following, or a combination thereof, shall be provided except at driveway and walkway openings and as required for vision clearance by Section 19.536.020:
a. 
Ornamental masonry wall or hedge, two feet high, at the perimeter of the parking area facing a street,
b. 
Landscaped berm, ten feet wide and two feet high.
2. 
Landscaped Buffers Along Alleys. Except for driveways and walkways, a landscaped planter shall be provided along all parking areas adjacent to an alley pursuant to Section 19.536.070E.2.
3. 
Interior Landscaping.
a. 
Commercial and Industrial Zones. Within the parking area of any parking lot with ten or more parking spaces, landscaping with trees and some combination of shrubs, vines, and ground cover shall be provided pursuant to Section 19.536.070E.3. Such landscaping shall be reasonably distributed throughout the area in order to avoid a monotonous appearance and to enhance the visual attractiveness of the area, especially those portions in public view.
b. 
CR Zone. Parking lot landscape standards, in addition to the requirements of this section, apply for all properties in the CR zone pursuant to Chapter 19.556.
F. 
Special Requirements for Certain Uses. In addition to the general requirements of this chapter, the following uses under Chapter 19.552 have additional special landscape requirements:
1. 
Automobile Service Stations (See Section 19.552.050),
2. 
Carwashes (See Section 19.552.060),
3. 
Commercial Establishments with Drive-in, Drive-through, and Walk-up Window Service (See Section 19.552.070),
4. 
Recycling Centers (See Section 19.552.080).
(Ord. 1382 § 15, 1998)

§ 19.532.020 Plan Approval Required.

A. 
Except for a single family dwelling on a separate lot, a landscape and irrigation plan for any newly established landscape area shall be submitted for zoning compliance review and approval.
B. 
The landscape and irrigation plan shall clearly identify the following criteria:
1. 
Property lines and property address.
2. 
Streets, driveways, walkways, recreational areas, and other paved areas.
3. 
Pools, water features, fences, and retaining walls.
4. 
Existing and proposed buildings and structures.
5. 
Landscaping materials, trees, shrubs, vines, ground cover, turf, and other vegetation. Planting symbols shall be clearly drawn and plants labeled by botanical name, common name, container size, spacing, and quantities of each group of plants indicated.
6. 
An approximate calculation of the total landscape area.
C. 
Except for a single family dwelling on a separate lot, a landscape and irrigation plan with a total landscape area over 2,500 square feet shall be prepared and/or certified by a licensed landscape architect or contractor, certified irrigation designer, or other licensed or certified professional in a related field.
D. 
Minimum acceptable plant sizes shall be determined by policy of the Director and/or as conditions of approval for an administrative action pursuant to Division 1.
E. 
Landscape and irrigation plans shall be approved prior to the issuance of permits for such work or prior to the issuance of any permits (i.e. building permits) for any associated work approved by an action of the Zoning Administrator, Planning Commission, or City Council pursuant to Division 1.

§ 19.532.030 Landscape and Maintenance.

A. 
All landscaping shall be maintained in a healthy and attractive condition.
B. 
Landscaping for other than a single family dwelling shall consist predominantly of drought-tolerant plants, as widely recognized within the horticultural industry or as recommended by a California-licensed Landscape Architect. In addition, such landscaping shall comply with the following criteria.
1. 
Water-thirsty plants may be used in limited numbers but shall be grouped together within a cooler, sheltered area such as adjacent to a structure or within an entry area or courtyard.
2. 
Plants with similar water, soil, and sunlight requirements shall be grouped together within a separate irrigation system.
3. 
A mulch of at least three inches shall be applied to all new planting areas, other than turf areas, to reduce water evaporation and help suppress weeds.
4. 
A living, drought-resistant ground cover shall be used for all planter areas to reduce soil erosion, to insulate the soil from temperature extremes, and to reduce evaporation.
5. 
New lawns shall be established with the use of hydroseeding or sod, utilizing the more drought tolerant varieties of improved fescues or Bermuda hybrids.
6. 
Lawns shall be maintained and periodically thatched and mulched in accordance with standard horticultural practices to maintain maximum water penetration and avoid excessive water run-off.
7. 
Boulders, rocks, and gravel may be used for a ground cover material only as a special design element upon approval of the Planning Division.
C. 
Curbs required. All landscape planters for other than a single family dwelling shall be separated from all parking and loading spaces, parking aisles, and driveways with a minimum 6 inch high concrete curb. In addition, for any such landscape area adjacent to a public sidewalk, in which the grade of the planter is higher than the sidewalk and which is planted with ground cover other than a hydroseeded or sodded lawn, a minimum 6 inch high concrete curb shall be provided alongside the public sidewalk to preclude soil erosion across such sidewalk.

§ 19.532.040 Irrigation System and Maintenance.

A. 
Except for single-family uses (one detached single-family dwelling unit on a lot), all required landscaping shall be provided with a permanent underground irrigation system. The irrigation system shall consist of piped water lines terminating in an appropriate number of sprinklers or other outlets to insure complete coverage of water for plants within the landscaped areas.
B. 
Any permanent, underground irrigation system, whether required or not, shall comply with the following criteria.
1. 
Permits are required prior to installation of any permanent, underground irrigation system.
a. 
Off-Site work. Irrigation systems exclusively in City rights-of-way require permits issued by the Construction Services Division of Public Works. Any system within City rights-of-way shall meet the minimum requirements outlined under Engineering Standard No. ISP-1.
b. 
On-Site work. The Building Division will issue permits for on-site and combination on-site and off-site installations. Permit fees shall be in accordance with the applicable sections of the City Code.
2. 
Backflow Prevention Devices. All irrigation systems shall be protected by an approved type and size of backflow prevention devices, as required by the Construction Services Division of Public Works.
3. 
After installation, the system shall be flushed thoroughly to remove dirt and debris prior to installation of the sprinkler heads.
4. 
All sprinkler heads shall be adjusted and maintained to minimize overspray upon public access ways in order to reduce the undermining of surface areas and to reduce water waste.
5. 
Irrigation systems shall be maintained in good working order.
C. 
In addition to the requirements of subsection B of this section, any required permanent underground irrigation system for a development with more than 2,500 square feet in landscape area shall comply with the following criteria.
1. 
Each irrigation system shall be equipped with an automatic controller with a mechanical or solid state timer capable of operating valve stations to set days and length of time.
2. 
Each irrigation system shall be equipped with a rain sensing override device which automatically shuts off the irrigation system when it rains.
3. 
Whenever possible, landscape irrigation shall be scheduled between 2:00 a.m. and 10:00 a.m. to avoid irrigation during times of high wind or high temperature.
4. 
For larger developments, the following criteria may be required when considered appropriate under a department policy of either the Planning Division or Construction Services Division of Public Works.
a. 
A soil moisture sensing device may be required where appropriate to measure soil moisture and maintain efficient irrigation schedules.
b. 
A separate landscape water meter may be required.

§ 19.536.010 Street Dedication and Improvement.

No building permit shall be issued until the following requirements are met:
A. 
All streets, alleys, and other public rights-of-way shown on plans approved by the City Council and which abut the subject property shall be dedicated to the planned right-of-way line or a deed of dedication deposited in escrow with an escrow agent acceptable to the City Attorney, the delivery of which is conditioned upon the required permit being granted.
B. 
All improvements of streets, alleys, and other public rights-of-way which abut the subject property and are required in order to conform to improvement standards approved by the City Council shall be installed, or a City Engineer, with sureties to be approved by the City Attorney, shall be filed with the City Clerk, or cash in a like amount shall be deposited with the Finance Director to be placed in a trust fund.

§ 19.536.020 Vision Clearance.

A. 
Vision clearance areas shall be provided as follows:
1. 
On any corner lot: a triangular area at the street intersection measuring fifteen feet along each street property line (or the projections thereof parallel to the centerlines of the streets) from the point of intersection of such property lines (or the projections thereof);
2. 
At the intersection of an alley with a street, or at the intersection of two alleys, or at an angle point where the alignment of an alley changes by sixty degrees or more: a triangular area measuring fifteen feet along each street or alley property line from the point of intersection of the property lines;
3. 
At any driveway entrance from or exit to a street: triangular areas on each side of the driveway measuring fifteen feet along the street property line and fifteen feet along the edge of the driveway from the point of intersection of the edge of the driveway with the street property line.
B. 
Within a required vision clearance area there shall be no fence, tree, shrub, or other obstruction to sight between two feet and seven feet above the established street grade. Where the vision clearance area for an existing driveway falls on adjacent property, no additional obstruction in the two-foot to seven-foot height range shall be placed in the vision clearance area. Where existing obstructions exist on adjacent property in the two-foot to seven-foot height range, any new driveway constructed on the subject property shall be located so as to not have any such obstructions in its vision clearance areas.
C. 
Permitted Encroachments. The following encroachments are permitted within the required vision clearance area:
1. 
Fences, walls, and hedges, not over 2 feet high.
2. 
Landscaping, not over 2 feet high.
3. 
Access walkways.
4. 
Signs, subject to sign location and design requirements of Section 19.912.010 of Division 9.

§ 19.536.030 Driveway Standards.

A. 
In case of any conflict between the requirements of this section and any safety requirements pursuant to the Fire Code, the Fire Code requirements shall prevail.
B. 
Every garage, carport, parking area, loading area, drive-in or drive-through service area, or other off-street vehicular waiting or maneuvering area shall be connected to one or more public streets or alleys by one or more driveways meeting the standards set forth in this section.
C. 
Driveway Width.
1. 
In the various zones, the width of any driveway shall be within the limits shown in Table 19.536.030.
2. 
Where the driveway approach width at the street property line required by the City Engineer pursuant to Title 12 is different from the driveway width required by this section, a variable width transition segment outside the street right-of-way shall be provided to provide a smooth connection.
D. 
Driveway Length. Within the commercial and industrial zones, the minimum length of a driveway extending from a street to a parking area shall be 20 feet. A parking aisle providing access into a parking space shall not overlap the minimum required driveway length. In addition, the City Engineer may require a greater driveway length for larger parking lots, based on the amount of vehicular traffic generated with the existing and/or proposed land use, and the volume and speed of traffic on the adjacent street.
E. 
Driveway Height Clearance. Within the required driveway width, there shall be no obstruction from the driveway surface to a height of eight feet. In addition, any portion of a driveway not covered by a building or porte cochere shall be unobstructed to a height of fourteen feet.
Table 19.536.030
DRIVEWAY WIDTHS
All zones
Minimum Driveway Width
Maximum Driveway Width
One–way
13 feet
35 feet
Two-way
25 feet
35 feet
F. 
Driveway Curvature. The minimum turning radius for any curve in a driveway shall be twenty-five feet measured to the outside edge of the driveway.
G. 
Driveway Circulation Pattern.
1. 
Driveways and on-site circulation shall be arranged so that vehicles are not required to back into a street.
2. 
In all zones, in order to preclude backing from a parking space into an alley, there shall be no direct entry from an alley to a parking space.

§ 19.536.040 Parking Spaces Required.

A. 
In connection with the use of each lot, sufficient off-street parking space shall be provided to meet the demand created by all activities on the lot. The minimum requirements for each use shall be as shown in Table 19.536.040, entitled Parking Spaces Required. Additional requirements may be imposed, based upon substantiated estimates, as a condition of approval of a development under site plan review, conditional use permit, or other development approval procedure provided for in this Title. For uses or property for which no parking requirement is set forth in Table 19.536.040, nor previously determined under the interpretation procedure (Section 19.128.010), nor established under a development approval procedure, a parking requirement shall be determined for that type of use pursuant to the interpretation procedure set forth in Section 19.128.010.
B. 
The floor area of any space used for parking, loading, or vehicular circulation shall not be included in the gross floor area use to calculate a parking requirement.
C. 
Where there is more than one activity or use on a lot, the total parking space requirement shall be the sum of requirements for the separate components unless a conditional use permit is granted by the City for shared parking. An application for shared parking facilities may be considered for uses with significantly different peak hours of operation which must meet the following requirements:
1. 
A parking study prepared by a traffic engineer shall be submitted by the applicant demonstrating that there will not exist substantial conflict in the peak hours of parking demand for the uses for which joint use is proposed.
2. 
The number of parking spaces credited from one use to another under a shared parking agreement shall not create a situation where either use does not maintain the minimum number of spaces deemed necessary during peak hours of operation.
3. 
Parking spaces designated for joint use shall be located within a reasonable proximity to the use served as determined by the permit issued.
4. 
A written agreement shall be drawn to the satisfaction of the City Attorney and executed by all parties concerned assuring the continued availability of the number of spaces designated for joint use.
D. 
Where an off-street parking district has been established, the parking space requirement for each property within the district shall be reduced by the share of the total spaces provided by the district which is proportional to the share of the district assessment borne by the same property.
E. 
Any fractional space requirement resulting from the calculation of required parking spaces shall be disregarded if less than 0.50 space and shall be counted as one required space if 0.50 or greater.
Table 19.536.040
PARKING SPACES REQUIRED
Use
Parking Spaces Required
Residential Uses
Group quarters:
• Rooming house, dormitory, sorority, fraternity, etc.
1 space per sleeping room (plus 1 space per 100 square feet of total net floor area in sleeping rooms which are in excess of 150 square feet in each such room) plus 2 spaces for any manager's dwelling unit.
• Religious group quarters.
0.5 space per sleeping room (plus 0.5 space per 100 square feet of total net floor area in sleeping rooms which are in excess of 150 square feet in each such room).
Public Service Uses
Community Day Care:
• Child / adult day care center.
1 space per employee plus 1 passenger loading space per 6 children or adults under supervision. Joint use with church parking allowed.
Health Facilities:
• Long-term health care facility (convalescent or nursing home).
0.5 space per bed plus 2 spaces for any manager's dwelling unit.
• Hospital.
2 spaces per bed.
• Medical, dental clinic.
5 spaces per 1,000 square feet gross floor area.
Note: For a structure serving multiple tenants, a common pedestrian concourse, common lobby, common service and mechanical rooms, and common public restrooms shall not be considered as part of the gross floor area.
Public Assembly:
• Church.
1 space per 3 fixed seats (or 4.5 feet of bench) plus 1 space per 40 square feet of other net assembly area in the one largest assembly room. 10 spaces minimum.
• Mortuary.
1 space per 3 fixed seats or 4.5 feet of bench.
• Recreation hall, community center, club or lodge, conference rooms, banquet rooms.
10 spaces per 1,000 square feet of gross floor area.
• Library, museum, art gallery.
3 spaces per 1,000 square feet of gross floor area.
Education:
• Elementary or junior high school, tutoring.
1 space per 200 square feet teaching area, or public assembly requirement, whichever is greater.
• Senior high school, tutoring.
1 space per 100 square feet teaching area, or public assembly requirement, whichever is greater.
• College, university, vocational, business or trade school, tutoring.
33 spaces per 1,000 square feet of gross floor area of classrooms, lab or other instructional floor area plus 4 spaces per 1,000 square feet of office or administrative floor area.
Recreation:
• Passive park (no buildings or sport facilities).
2 spaces per acre.
• Golf driving range.
1.5 spaces per tee plus requirements for other facilities.
• Miniature golf.
2 spaces per 1,000 square feet lot area.
• Tennis.
3 spaces per court.
• Swimming pool.
1.5 spaces per 100 square feet pool and deck area.
Commercial Recreation:
• Auditorium, theater, gymnasium, outdoor stadium arena, outdoor grandstand.
1 space per 3 fixed seats or 4.5 feet of bench.
• Adult movie theater.
1 space per 2.24 fixed seats.
• Cabaret.
33.3 spaces per 1,000 square feet of gross floor area.
• Dancehall.
35 spaces per 1,000 square feet of dance floor area.
• Skating rink.
5 spaces per 1,000 square feet of rink area, plus requirement for any accessory use; i.e., full-service restaurant, arcades, etc.
• Bowling alley.
3 spaces per alley plus requirement for other activities.
• Racquetball or handball courts.
3 spaces per court plus requirement for other activities.
• Athletic club.
6.67 spaces per 1,000 square feet gross floor area.
• Other commercial recreation (not public assembly or outdoor).
5 spaces per 1,000 square feet gross floor area.
• Auditorium, theater, gymnasium.
1 space per 3 fixed seats or 4.5 feet of bench.
Commercial Uses:
• Eating and drinking (including fast food establishments and free-standing restaurants in integrated developments).
10 spaces per 1,000 square feet gross floor area including outdoor eating and drinking areas. 10 spaces minimum.
• Eating establishments, take-out only with no public restrooms and seating for less than 10.
5 spaces per 1,000 square feet gross floor area. 5 spaces minimum if located on a separate parcel.
• Hotel or motel.
1 space per guest room plus requirements for other uses such as restaurant, public assembly, and recreational facilities open to the public.
• Offices—General.
4 spaces per 1,000 square feet gross floor area.
Note: For a structure serving multiple tenants, a common pedestrian concourse, common lobby, common service and mechanical rooms, and common public restrooms shall not be considered as part of the gross floor area.
• Bank.
6 spaces per 1,000 square feet gross floor area.
• Retail goods and services.
5 spaces per 1,000 square feet gross floor area.
• Shopping center.
5 spaces per 1,000 square feet gross floor area. Except for free-standing restaurants within a center, up to 20 percent of the total other floor area may be allowed in uses with higher parking requirements without applying such higher requirements.
Note: For a structure serving multiple tenants, a common pedestrian concourse, common lobby, common service and mechanical rooms, and common public restrooms shall not be considered as part of the gross floor area
• Indoor swap meet.
12 spaces per 1,000 square feet gross floor area.
• Outdoor swap meet.
12 spaces per 1,000 square feet gross sales area.
• Retail plant nursery.
1 space per 1,000 square feet sales and display area (indoor and outdoor). 5 spaces minimum.
• Vehicle sales or display.
2.5 spaces per 1,000 square feet gross floor area plus 1 space per 1,000 square feet outdoor display area. 5 spaces minimum. To be clearly marked and not used for display or storage of vehicle inventory.
• Passenger transportation terminal.
To be determined under conditional use permit.
• Public utility facilities with no employees or visitors (transformer stations, pumping stations, etc.).
No requirement.
• Other uses in commercial zones.
5 spaces per 1,000 square feet gross floor area.
Drive-In Facilities:
• Automobile service station.
5 parking spaces per 1,000 square feet gross floor area, 4 spaces minimum, plus 3 waiting spaces per service lane.
• Car wash—Full service.
10 parking spaces plus 30 waiting spaces ahead of each wash lane plus 10 waiting spaces after each wash lane.
• Car wash—Drive-through.
5 parking spaces plus 3 waiting spaces ahead of each wash lane plus 2 waiting spaces after each wash lane.
• Car wash—Self-service.
1 waiting space ahead of each stall plus 1 other waiting space per stall.
• Drive-in theater.
Waiting spaces ahead of entry gate as determined under conditional use permit.
• Drive-in bank.
6 spaces per 1,000 square feet gross floor area plus 5 waiting spaces ahead and 1 space after each transaction device.
• Drive-in restaurant.
10 spaces per 1,000 square feet gross floor area including outdoor eating area, 10 spaces minimum, plus 5 waiting spaces ahead and 1 space after each drive-through service window.
• Drive-in dairy, drive-in cleaners.
5 spaces per 1,000 square feet gross floor area plus 5 waiting spaces ahead and 1 space after each drive-through service window.
• Photofinishing drop-off.
1 waiting space ahead and 1 space after each service pickup station-window.
• Other drive-in facilities.
Other applicable requirements for use plus 3 waiting spaces ahead plus 1 space after each drive-through service window or station.
Industrial Uses:
• Mini-storage space rental for public self-storage.
1 space per 150 storage units (with a minimum 4 spaces required) plus 4 spaces per 1,000 square feet gross floor area for related office use (with a minimum 4 spaces required) plus 2 covered parking spaces for any on-site manager's living quarters.
• Industry, wholesale, warehouse, distribution, and similar uses permitted in industrial zones.
For each building, sum of spaces computed as follows:
Number of Spaces Per One Thousand Square Feet Gross Floor Area
Computed on Gross Floor Area Increment of (in square feet)
3
First 10,000
2
Next 40,000
1
Next 50,000
0.5
Above 100,000
2 spaces minimum per use.
Up to 20 percent of gross floor area per tenant may be in related office use without applying different parking requirement for offices.
(Ord. 1445 § 8, 2003; Ord. 1478 § 5, 2005)

§ 19.536.050 Parking Location.

A. 
Required parking shall be located on the same lot as the activities or uses served, except as follows:
1. 
Required parking may be located on a lot adjacent to the lot served subject to a recorded covenant as provided in subsection B of this section.
2. 
Within the "CBD" redevelopment project area, required parking may be located within three hundred feet of the lot served, subject to a recorded covenant as provided in subsection B of this section.
3. 
Any required parking provided by means of an off-street parking district is not subject to a specific location requirement.
B. 
Where required parking is not on the same lot as the activity or use served, a covenant running with the land shall be recorded by the owner of the parking lot guaranteeing to the City that the required parking will be maintained for the use or activity served.

§ 19.536.060 Parking Dimensions and Layout.

Table 19.536.060
PARKING LAYOUT STANDARDS
Type of Space:
Stall
Aisle Width (in feet)
One-Way
Two-Way
Width in feet
Length in feet
30°
45°
60°
90°
30°
45°
60°
90°
Standard Car Parking:
 
 
 
 
 
 
 
 
 
 
Angle Parking:
 
 
 
 
 
 
 
 
 
 
• Commercial use
9 (1)
19
13
15
20
25
20
20
20
25
• Industrial use
8.5 (1)
19
13
15
20
25
20
20
20
25
Parallel parking
8
23
 
 
 
 
 
 
 
 
Compact Car Parking:
 
 
 
 
 
 
 
 
 
 
Angle Parking:
8 (1)
16
13
15
20
25
20
20
20
25
Parallel parking
7
18
 
 
 
 
 
 
 
 
Waiting (Queuing) Spaces
9
20
 
 
 
 
 
 
 
 
Passenger Loading:
 
 
 
 
 
 
 
 
 
 
Parallel to curb
8
23
 
 
 
 
 
 
 
 
At angle to curb
9.5
19
 
 
 
 
 
 
 
 
Note:
(1)
With ninety-degree angle parking, an end stall shall be provided with a 2′ wide planter adjacent to a wall or structure.
A. 
Except as further provided in this section, the layout of parking areas shall meet the standards shown in Table 19.536.060, entitled Parking Layout Standards.
B. 
There shall be a clear vehicular entry to every required parking space at least equal in width to the required width of the space.
C. 
Each parking space and aisle shall have a clear height of at least six and one-half feet. For all nonresidential parking areas, at least twenty percent of the spaces provided, together with their associated parking aisles, shall have a clear height of at least seven feet.
D. 
Parking spaces for the handicapped shall be provided in accordance with state standards.
E. 
Required parking spaces shall meet the requirements for standard car parking as shown in Table 19.536.060, entitled Parking Layout Standards; except, for any parking area of ten or more spaces, not more than thirty percent of the required spaces may be for compact car parking. With justification for certain uses, a conditional use permit may be considered to permit the percentage of compact spaces to exceed 30 percent.
F. 
Any parking area shall provide internal circulation for access to all spaces without causing vehicles to back into or reenter a street.
G. 
Waiting (queuing) spaces shall not overlap parking aisles or driveways.

§ 19.536.070 Parking Improvements.

A. 
Except as otherwise specified in this Title, parking may be provided in parking lots, carports, garages, or other parking structures.
B. 
Drainage. All areas for the movement, parking, loading, repair, or storage of vehicles shall be graded and drained to dispose of surface water. In all cases except single-family residential uses, drainage shall be arranged to prevent surface flow across walkways and driveways.
C. 
Paving.
1. 
All areas for the movement, parking, loading, repair, or storage of vehicles shall be paved and maintained to eliminate dust and mud, to provide an even, unbroken driving surface, and to present a uniform appearance.
2. 
All paving shall meet one of the following minimum standards:
a. 
Portland cement concrete, three and five-eighths inches thick;
b. 
Asphalt, one and one-half inches thick on a four inch aggregate base;
c. 
Other pavement determined by the Director to be equivalent to one of the above standards in useful life, serviceability, and appearance.
D. 
Wheelstops. In all angle parking stalls (including ninety-degree parking) facing the perimeter of a parking area, individual concrete wheelstops or a six-inch high poured-in-place concrete curb shall be provided, located three feet inside the front boundary of the stalls.
E. 
Landscaping.
1. 
Landscaped Buffers Along Streets. Every parking area adjacent to a street shall be set back from the property line as required by Section 19.520.020. Such setback areas shall be permanently landscaped in accordance with the requirements of Chapter 19.532.
2. 
Landscaped Buffers Along Alleys. Except for driveways and walkways, a minimum 4-foot-wide landscaped planter shall be provided along all parking areas adjacent to an alley.
3. 
Interior Landscaping.
a. 
All Commercial and Industrial Zones. Within the parking area of any parking lot with ten or more parking spaces, an area equal to at least seven percent of the total parking and driveway area shall be landscaped with trees and some combination of shrubs, vines and ground cover.
b. 
Industrial Zones. In the industrial zones, the landscaping requirement for parking areas located beyond the required building setbacks along a street may be reduced to three percent.
c. 
CR Zone. For all properties in the CR zone, additional parking lot landscaping requirements apply pursuant to Chapter 19.556.
d. 
All interior parking area landscaping shall be reasonably distributed throughout the area in order to avoid a monotonous appearance and to enhance the visual attractiveness of the area, especially those portions in public view.
e. 
All portions of a parking area not improved for parking aisles and stalls and more than five feet by five feet in size shall be landscaped. Any portion of the parking area not landscaped shall be paved.
f. 
Curbs Required. At all boundaries between landscaped areas and paving, a 6-inch-high concrete curb shall be provided.
4. 
Landscaped Buffers Along Residentially Zoned Properties. Every parking area adjacent to residentially zoned property shall be set back from the property line as required by Section 19.532.010. Such setback areas shall be permanently landscaped in accordance with the requirements of Chapter 19.532.
F. 
Marking of Parking Spaces. All parking areas serving nonresidential uses shall be marked as follows:
1. 
For industrial uses: single or double lines separating stalls;
2. 
For other uses: double lines separating stalls, with minimum 4-inch-wide stripes and a minimum 8 inch separation;
3. 
Spaces for handicapped parking and for compact cars shall be so identified;
4. 
In accordance with any additional standards for marking of parking areas which may be adopted pursuant to Section 19.124.050.
G. 
Lighting. Security lighting for non-residential uses shall be provided in all parking areas accessible to public entry after dark, subject to the following criteria:
1. 
All artificial lighting shall be so designated to provide safety and security to the property users, as well as the enhancement of the general appearance of the development. Use of unhoused, bare bulbs shall be avoided.
2. 
Security lighting for non-residential uses in the commercial zones shall provide the following requirements:
a. 
The equivalent of one foot candle minimum of illumination shall be provided throughout the parking area.
b. 
All security lighting shall be on a time clock or photo sensor system.
3. 
Building-mounted lighting fixtures shall not project above the fascia or roof line. Recessed wall mounts are encouraged.
4. 
Pole mounted luminaires shall not exceed the height of the buildings on the site, unless otherwise approved by the Director.
5. 
All luminaires shall be designed, shielded, or aimed in such a manner so as not to produce glare upon adjacent properties or rights-of-way.
6. 
All required lighting shall be permanently maintained as a condition of the use.
(Ord. 1382 § 16, 1998)

§ 19.536.080 Parking Structure.

In addition to other requirements of this Division, a parking structure shall be subject to the following requirements.
A. 
For any portion of a parking structure within 50 feet of a residential zone, there shall be no openings, other than for pedestrian or vehicular access, in any wall which faces the residential zone. Furthermore, any ramp and the top level parking surface within 50 feet of a residential zone shall have a minimum 6 feet high perimeter solid wall as measured from the floor of the parking surface.
B. 
For the purpose of screening parked vehicles from public view on all other levels, there shall be a minimum 36 inch high perimeter architectural screen, measured from the finished floor, for all parking areas within the structure.
C. 
The use of materials and the architectural design for the parking structure shall be compatible with the other structures on the property.
D. 
Suitable trees of a size and height relative to the scale and height of the structure shall be planted near and around the parking structure.

§ 19.536.090 Service Bays.

Any opening in a building equal to or greater than eight by eight feet where such opening abuts a vehicular area and provides access primarily for the servicing of vehicles, including auto lube/repair, carwash, and tire/brake service, etc., shall be considered as a service bay. Such service bays shall comply with the following requirements:
A. 
No service bay shall face a public street, except as permitted within this section.
B. 
A service bay facing a public street may be authorized with a conditional use permit, subject to sufficient setback and sight-screening measures to be established under the conditional use permit procedure.

§ 19.536.100 Loading Areas.

A. 
Each nonresidential use shall provide off-street loading spaces as shown in Table 19.536.100, entitled Loading Space Requirements.
B. 
No loading space shall be located in a manner that, when occupied, blocks any driveway, parking space, or access to a parking space.
C. 
All loading doors, loading docks and truck maneuvering areas, whether required or not, shall be accessible and functional in accordance with any truck maneuvering standards which may be adopted pursuant to Section 19.124.050.
D. 
Any door in a building equal to or greater than eight by eight feet where such door abuts a vehicular area and does not meet the criteria of Section 19.536.090 for a service bay shall be considered as a loading door. Such loading doors shall comply with the following requirements:
1. 
No loading door or loading dock shall face a public street, except as permitted within this section.
2. 
Within the industrial zones, a loading door facing a public street may be authorized with a conditional use permit, subject to the circulation requirements of this Chapter and sufficient setback and sight-screening measures to be established under the conditional use permit procedure.
Table 19.536.100
LOADING SPACE REQUIREMENTS
Category
For Each Building
Gross Building Floor Area (in square feet)
Number of Loading Spaces Required by Type
Type A
Type B
Type C
Hotels and office buildings
0—5,000
0
 
 
5,000—50,000
1
 
 
50,000—100,000
1
 
 
More than 100,000
1
1
 
Commercial zones (CO, CS, CG, CR)
0—5,000
0
 
 
5,000—20,000
1
 
 
20,000—40,000
2
 
 
40,000—100,000
2
1
 
More than 100,000
2
1
1
Industrial zones (CM, MR, ML~ MH)
0—5,000
 
0
 
5,000—20,000
 
1 (1)
 
20,000—40,000
 
2
 
40,000—100,000
 
2
 
More than 100,000
 
2
2
Type
Dimension of Loading Spaces (in feet)
Length
Width
Height
Apron (2)
A
20
12
14
25
B
40
10
14
46
40
12
14
43
40
14
14
39
C
60
10
14
72
60
12
14
63
60
14
14
60
Notes:
(1)
For industrial buildings under 20,000 square feet, the type B loading space may be substituted with a type A loading space.
(2)
An "apron" is an extension of the length of the loading space to provide for maneuvering of trucks. The apron may overlap an alley, driveway, parking aisle, or another loading space, but not a street or parking space.
(Ord. 1382 § 17, 1998)

§ 19.540.010 Intent and Policy.

A. 
This chapter is intended to meet the requirements of the California Government Code, Section 65089(3) (b) which requires development of a trip reduction and travel demand element to the CMP, and California Government Code, Section 65089.3(a) (2) which requires adoption and implementation of Trip Reduction and Travel Demand Ordinance.
B. 
New commercial, office, industrial, and mixed use developments employing 100 persons or more may adversely impact existing transportation and parking facilities, resulting in increased motor vehicle emissions, deteriorating levels of service, and possibly significant additional capital expenditures to augment and improve the existing transportation system. In order to more efficiently utilize the existing and planned transportation system and to reduce vehicle emissions, it is the policy of the City to:
1. 
Reduce the number of peak-period vehicle trips generated in association with new development.
2. 
Promote and encourage the use of alternative transportation modes such as ridesharing, car pools, vanpools, public bus, and rail transit, bicycles, and walking as well as those facilities that support such modes.
3. 
Achieve related reductions in vehicle trips, traffic congestions, and public expenditure and achieve air quality improvements through utilization of existing local mechanisms and procedures for project review and permit processing.
4. 
Promote coordinated implementation of strategies on a county-wide basis to reduce transportation demand.
5. 
Achieve the most efficient use of local resources through coordinated and consistent regional and local TDM programs.
(Ord. 1264 § 5 (part), 1991)

§ 19.540.020 Definitions.

A. 
For purposes of this chapter, the definitions for the following terms shall apply:
"Alternative Transportation Modes"
means any mode of travel that serves as an alternative to the single occupant vehicle. This can include all forms of ridesharing such as carpooling or vanpooling, as well as public transit, bicycling, or walking.
"Applicable Development"
means any new development project that is determined to meet or exceed the employment threshold using the criteria contained in Section 19.540.030.
"Carpool or Vanpool"
means two or more persons using the same vehicle to commute to or from an employment site or sites.
"Employee"
means any person employed by a firm, person(s), business, educational institution, non-profit agency, or corporation, government agency or other entity. Employee shall include a person employed on a full time, part time, or temporary basis.
"Employment Generation Factors"
refers to factors as specified in Section 19.540.030 for projecting the potential employment of any proposed development project.
"Mixed-Use Development"
means new development projects that combine any one of these land uses with another: residential, office, commercial, light industrial, and business park.
"New Development Project"
means any non-residential project being processed where discretionary action by a decision-making body is required.
"Transportation Demand Management (TDM)"
means the implementation of programs, plans, or policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on alternative travel modes to the single occupant vehicle (SOV) such as carpools, vanpools, and transit, reduction or elimination of the number of vehicle trips, or shifts in the time of vehicle commutes to other than the peak periods.
(Ord. 1264 § 5 (part), 1991)

§ 19.540.030 Applications of Chapter Provisions.

A. 
This chapter shall apply to all new development projects that are estimated to employ a total of 100 or more persons as determined by the methodology specified in Subsection B. below.
B. 
For purposes of determining whether a new development project is subject to this chapter, the total employment figure will be as follows:
1. 
Employment projections developed by the project applicant, subject to approval by the Director of Development Services; or
2. 
Employment projections developed by the City using the following employee generation factors by type of use.
Land Use Category
Gross Square Feet / Employer
Commercial
500
Office/Professional
250
Industrial
525
Hotel or Motel
0.8 / room
3. 
The employment projection for a development of mixed or multiple uses shall be calculated on a case by case basis based upon the proportion of development devoted to each type of use.
(Ord. 1264 § 5 (part), 1991)

§ 19.540.040 Facility Standards.

A. 
All applicable developments shall be subject to the Facility Standards as specified in this chapter and shall include in their project plan's provisions to provide each of the improvements.
B. 
Preferential parking for carpool and vanpool vehicles.
1. 
At least 10 percent of the employee parking spaces shall be reserved and designated for carpool and vanpool vehicles by marking such spaces "Carpool Only".
2. 
Such spaces shall be located near the building's employee entrance(s) or at other preferential locations within the employee parking areas as approved by the City.
3. 
Where applicable, vanpool vehicle accessibility shall include a minimum 7′2″ vertical clearance for those parking spaces and ramps to be used by such vehicles.
4. 
The total number of employee parking spaces shall be determined by using the parking requirements specified in this Chapter and the following factors by type of use as specified.
Type of Use
Percent of Total Parking Devoted to Employee Parking
Commercial
30%
Office/Professional
85%
Industrial
90%
Hotel or Motel
30%
C. 
Facilities for Bicyclist.
1. 
Secure, adequate, and convenient storage for bicycles shall be provided.
2. 
Separate shower and locker room facilities shall be provided for men and women employees unless a finding is made by the Director of Development Services that provision of such facilities on a specific development are not practical or efficient.
D. 
Information on Transportation Alternatives.
1. 
A commuter information area shall be provided within or near each building. The area shall be centrally located and accessible to all employees.
2. 
Such area shall be of sufficient size to accommodate the display or provision of information such as:
a. 
Current maps, routes, and schedules for public transit
b. 
Available employee incentives for use of alternate transportation modes, if any.
E. 
Bus Stop Improvements. Bus stop improvements shall be provided and located as deemed necessary and appropriate by the City Engineer. Said improvements shall be developed in accordance with the standards set forth by the City Engineer and may include dedication of right-of-way for improvement of bus pullouts, bus pads, and bus shelters.
(Ord. 1264 § 5 (part), 1991)

§ 19.540.050 Monitoring.

Periodic monitoring of the applicable developments may occur to ensure full and continued implementation of the Facility Standards as described in Section 19.540.040 of this chapter.
(Ord. 1264 § 5 (part), 1991)

§ 19.544.010 Undergrounding of Utilities.

A. 
In connection with the new construction or relocation of a main building, or a change of use to a nonresidential use, all utility lines within the site boundaries shall be placed underground. Necessary surface-mounted utility equipment is permitted, provided it is screened from public view in the same manner as required for mechanical equipment as provided in Section 19.544.020.
B. 
The provisions of this section may be waived pursuant to the procedure provided under Section 19.128.060.

§ 19.544.020 Visual Screening of Mechanical Equipment.

A. 
All exterior equipment, whether freestanding or attached to a building, including pipes, conduit, and duct work shall be effectively screened from public view or architecturally integrated into a building structure, with the following exceptions:
1. 
Ordinary vents on single-family dwellings,
2. 
Window-mounted air conditioning units on single-family dwelling,
3. 
Solar panel surfaces (but not supports, piping, etc.),
4. 
Outdoor lighting standards and fixtures.
B. 
It is the intent of the City to encourage all new construction to provide for .any such equipment during the initial design stages by parapets, penthouses, etc. Existing facilities or those structures under construction may screen such equipment with architecturally designed screens.
C. 
Plan Check (Retrofits). Applicant shall submit two copies of a plot plan which shall indicate clearly and by full dimensions the following information:
1. 
Lot dimensions.
2. 
All buildings and structures: location, size, height, and proposed use.
3. 
All walls, fences and landscaping: location, height, and materials.
4. 
Location of equipment proposed to be installed.
5. 
Elevations of equipment and proposed screening, depicting colors, materials, and dimensions of screening.
D. 
Design/Materials.
1. 
Screening must be architecturally consistent with the facility in terms of design type and colors. Effective screening does not call attention to itself, but quietly complements the building.
2. 
No raw or untreated materials shall be used on roof or building mounts. Fire Code requirements for the particular use and/or building will determine the permitted combustible or non-combustible material.
3. 
On ground mounts, view obscuring ornamental block, wood, and earth berms with acceptable landscaping may be used to provide effective architectural screening, if the treatment is deemed to be consistent with the overall design concept.
E. 
Treatment of Above Grade Transformers; Meters; Gas Manifolds, etc. It is the intent to encourage the placement of such equipment in underground vaults. If placed above grade, such equipment shall be located and screened from public view by an architectural screen and landscaping, subject to the approval of the Planning Division staff.
F. 
Maintenance. All screening devices shall be permanently maintained as a condition of the use.

§ 19.544.030 Receive-only Television, Satellite Dish and Radio Antennae Placement in Commercial and Industrial Zones.

A. 
Receive-only Antennae Weighing Less than Thirty-Five Pounds.
1. 
Any receive-only antenna weighing less than thirty-five pounds may be mounted in the rear yard, interior side yard, or on the roof of any structure, subject to all conditions hereinafter provided.
2. 
Any receive-only antenna weighing less than thirty-five pounds may be mounted in the front yard or street side yard, subject to conditions hereinafter provided, upon receipt of an antenna permit obtained in accordance with the provisions of subsection E of this section.
B. 
Receive-only Antennae Weighing Thirty-Five Pounds or More.
1. 
Each receive-only antenna weighing thirty-five pounds or more shall be installed in the rear yard, except as hereinafter provided.
2. 
In the event overall quality of reception in the rear yard is not at least equal to that received by cable, or other circumstances preclude such installation, a permit may be obtained, in accordance with the provisions of subsection E of this section, authorizing the antenna to be located in order of preferred placement, and subject to the conditions and restrictions of subsection D of this section.
C. 
Screening Required.
1. 
Each receive-only antenna visible to the public which has a surface area exceeding twenty square feet, or which is to be mounted in the front yard, shall be screened to the satisfaction of the City Planner or his or her designee. If such antenna is to be mounted directly, or through a supporting structure, to the ground, then such screening shall be accomplished through the use of appropriate plants, trees, or shrubbery and wood lattice or other material compatible with the structure. Plants, trees, or shrubs to be utilized for screening purposes shall have a minimum container volume of fifteen gallons at the time of planting. All such screening shall be on three sides and shall be sufficiently high so as to screen ninety percent or more of the antenna from public view.
2. 
Each receive-only antenna with a surface area exceeding twenty square feet which is permitted to be roof mounted, shall be screened with materials compatible with the structure upon which such antenna is mounted and shall be screened to the satisfaction of the City Planner or his or her designee. Such screening shall be on at least three sides and shall be sufficiently high so as to screen at least ninety percent of the antenna from public view.
D. 
Conditions and Restrictions Applicable to all Receive-only Antenna Installations.
1. 
Location.
a. 
The preferred order of placement shall be the roof, if completely screened by existing building parapet walls, then rear areas, side areas, side areas abutting a street, roof, and finally front areas. However, no antennae shall be permitted within required yard areas abutting a street where solid fences are not permitted to exceed a maximum height of two feet.
b. 
No receive-only antenna, or its supporting structure, shall be installed in any required setback or in any other location which would impede emergency access to any portion of the subject property.
2. 
Height. No receive-only antenna shall exceed ten feet in height above the peak roof line of the structure upon which such antenna is mounted or ten feet above the peak roof line of the closest structure located on the subject property if such antenna is not to be roof mounted.
3. 
The provisions of this section hereinafter shall not be deemed to preempt or supersede contractual conditions, covenants, and/or restrictions which may prohibit such antenna installation.
4. 
No receive-only satellite dish antenna shall exceed ten feet, six inches in diameter.
5. 
Each receive-only satellite dish antenna shall be earth-tone or neutral in color and shall be constructed of a "see-through" mesh or open grid design. Solid surface receive-only satellite dish antennae, such as solid white fiberglass designs, are prohibited unless completely screened from view at all times.
6. 
Nothing herein shall excuse any person from obtaining all permits otherwise required or from complying with any and all applicable local and State codes, laws, and regulations pertaining to the installation of antennae and/or antenna supporting structures.
E. 
Receive-Only Antenna Permit Application.
1. 
Where a permit is required, or application therefor is authorized, under any provision of this section, each person desiring a permit shall apply to the City's Planning Division. The applicant shall provide a completed application on a form provided by the Planning Division containing at minimum, the following:
a. 
Name, address, and telephone number of the applicant,
b. 
The specific location where the applicant proposes to install the antenna, including a detailed description of the antenna design and any supporting structure proposed to be utilized, including size, weight, and such other information as the Planning Division may require,
c. 
Specific reasons as to why the antenna proposed to be installed should not be mounted in the rear yard, or otherwise, in accordance with the preferred order of placement, as herein prescribed,
d. 
If required herein, a description of the screening proposed to be utilized by the applicant,
e. 
A sketch or other drawing, satisfactory to the Director, showing:
(i) 
Location of physical features on the subject property,
(ii) 
Approximate dimensions (plus or minus one foot) of the subject lot and physical features thereon,
(iii) 
The specific location where the antenna, and screening if required, are proposed to be installed,
(iv) 
Any other physical features in the area of the subject property which applicant feels would adversely affect reception in those areas set forth herein as "preferred," and
(v) 
The design of the antenna and proposed support structure,
f. 
A statement as to why the proposed antenna may not be satisfactorily installed, or will not satisfactorily function, in a preferred area, as prescribed herein,
g. 
A declaration made under penalty of perjury that either the property upon which the antenna is proposed to be installed is not subject to any contractual covenants, conditions, or restrictions, or alternatively, that any applicable contractual covenants, conditions, or restrictions do not preclude the installation of the antenna, as proposed by the applicant.
2. 
All applicants for an antenna permit may be required to show to the satisfaction of the Director that circumstances preclude installation in a preferred area, or that reception quality in the preferred area or areas is insufficient, as herein prescribed.
3. 
Any person aggrieved by any provisions of this section due to exceptional circumstances may apply for an antenna permit in accordance with the provisions of subsection E of this section.

§ 19.548.010 Noise Control.

In addition to the requirements of Title 8, the following noise standards shall be met where applicable:
A. 
Air Conditioning Equipment. Exterior air conditioning equipment, other than self-contained window-mounted units in single-family dwellings, shall have a sound rating number (SRN) no greater than 8.2 decibels, in accordance with ARI (Air Conditioning and Refrigeration Institute) Standard 270, or the equivalent.
B. 
Public Address Systems. In all commercial and industrial zones, any public address systems, loudspeakers, and other sound-producing equipment shall be designed, installed, and operated in a manner which is not disturbing to the surrounding area.

§ 19.548.020 Compliance with Airport Environs Land Use Plan for Orange County.

(RESERVED)

§ 19.548.030 Lighting.

A. 
Lighting on any premises shall be directed, controlled, screened, or shaded in such a manner as not to shine directly on surrounding premises. Where adjacent owners enter into a written agreement, which shall be recorded, for the joint illumination of their premises, their combined properties shall be considered as a single premises for purposes of this regulation.
B. 
Lighting on any premises also shall be controlled so as to prevent glare on driveways, walkways, and public thoroughfares.
C. 
Building lighting within the commercial zones, for the purpose of enhancing or accentuating the architectural elements of a building and which may include the use of exposed neon and unshaded bulbs, may be authorized with a site plan review per Section 19.128.040. The review shall determine the appropriateness of the lighting to the building design. In addition to the other requirements of this section, there shall be no blinking, twinkling, scintillation, cyclic variation, motion, or the appearance of motion in the illumination.

§ 19.548.040 Maintenance and Operation.

All uses and activities shall be operated and maintained so as not to be hazardous, obnoxious, or offensive due to air pollution, odor, dust, smoke, gas, water pollution, noise, vibration, illumination, glare, electromagnetic disturbance or other radiation, or similar effects detrimental to public health, safety, and welfare. All federal, state, and local laws and regulations concerning environmental protection shall be complied with.

§ 19.552.010 Animal Keeping.

A. 
Purpose. The purpose of this section is to reasonably control the number and types of animals being maintained within the commercial and industrial zones in order to protect the peace, health, and safety of residents and to preserve the urban and suburban quality of the environment.
B. 
Animals Allowed. No animal shall be kept or maintained within the commercial and industrial zones except as follows:
1. 
Household Pets. For any existing residential use in the commercial and industrial zones, household pets may be kept to the same extent permitted in the RS zones of Division 3.
2. 
Domesticated animals such as horses, mules, cows, goats, or sheep may be kept only in permitted equestrian establishments and theme recreational parks.
3. 
Wild animals may be kept only as follows:
a. 
In a permitted zoo;
b. 
In an educational institution for the purpose of instruction, provided such animals are securely confined and properly cared for in a manner satisfactory to the Orange County poundmaster;
c. 
At an entertainment establishment only as specifically provided for under the terms of a conditional use permit.
4. 
Animals of a type permitted in the commercial and industrial zones by the above provisions of this subsection may also be kept for a temporary period in a permitted animal hospital or kennel provided suitable facilities for such animals are available.
C. 
Limitations.
1. 
No person shall keep, maintain, or permit on any lot, parcel of land or premises under his or her control, any animal which by any sound or cry disturbs the peace and comfort of the inhabitants of the neighborhood or interferes with any person in the reasonable and comfortable enjoyment of life or property. Nor, shall any person maintain any animals in such a manner as to cause the breeding of flies or the creation of obnoxious odors, or in any manner which becomes or is a nuisance or health hazard.
2. 
All animals shall be kept under control at all times by leash, fences, pens, corrals, cages, or suitable enclosures within buildings.
3. 
All animal-keeping structures shall conform to any applicable zoning and building code requirements.
4. 
Any premises where animals are kept shall be open to reasonable inspection by City personnel and other public officers who have responsibility for enforcement of animal control regulations.

§ 19.552.020 Retail Dry Cleaning.

A. 
Purposes. The purposes of this section are to ensure that dry cleaning operations which are located in commercial zones are limited to retail service, do not become industrial operations, and do not become hazardous.
B. 
Limitations. The following requirements shall apply to retail cleaning establishments located in any commercial zone:
1. 
A retail dry-cleaning establishment shall not conduct dry cleaning operations for any other facility or retail outlet.
2. 
All cleaning equipment shall utilize a synthetic solvent approved by the National Board of Fire Underwriters, the State Fire Marshal, and the Chief of the Buena Park Fire Department.
3. 
The type and structural qualities of the building where such establishment is located shall be inspected and approved by the City's Building Official.
4. 
There shall be not more than 2 clothes cleaning units in each such establishment, and each such unit shall have a rated capacity of not more than 40 pounds.

§ 19.552.030 Restaurants Serving Alcoholic Beverages.

A. 
Purpose. The purpose of this section is to distinguish bona fide restaurants which incidentally serve alcoholic beverages (and which may be permitted by conditional use permit in the more restrictive commercial zones) from establishments which are primarily cocktail lounges or bars.
B. 
Requirements.
1. 
Any restaurant which serves alcoholic beverages and is located in a zone which does not permit cocktail lounges or bars, shall provide such alcoholic beverage service only as an incidental activity to the primary activity of food service.
2. 
Each such restaurant shall keep records of food sales separate from records of alcoholic beverage sales and make such records available to City inspection personnel for the purpose of enforcing this section.
3. 
At least 50 percent of the indoor and outdoor area provided for the service of customers shall be arranged and equipped with tables and chairs and/or table-height counters for dining use. Any bar or lounge areas for the separate service of alcoholic beverages shall be separated from dining areas by partitions or fixed screens.

§ 19.552.040 Game Machine Arcades.

A. 
Findings and Purposes.
1. 
It is found that game machine arcades create special problems of noise, congestion, interference with nearby activities, and policing.
2. 
The purposes of this section are to control the location, size, and operation of game machine arcades in order to minimize adverse effects and promote compatibility with surrounding activities to the maximum ex-tent possible.
B. 
Definitions. The following words shall have the following meanings:
1. 
Amusement device.
"Amusement device" means any machine, game, or device which may be played or operated by the public for amusement or recreation, the use of which is subject to the payment of a fee or is controlled by placing therein coins, slugs, discs, keys, or similar devices. This definition includes video games, pinball machines, ski ball games, shuffleboard games, and games and devices of a similar nature. This definition does not include jukeboxes, vending machines, and similar devices which do not involve an element of skill or chance.
2. 
Game machine arcade.
"Game machine arcade" means an establishment where the predominant activity is the use of amusement devices, or that portion of any other establishment where four or more amusement devices are available to the public.
C. 
Location and Use Approval.
1. 
Game machine arcades shall be permitted only by conditional use permit and only in those zones specified for game machine arcades in Section 19.512.010.
2. 
A game machine arcade shall not be permitted in a location which would tend to produce a hazard or nuisance to other permitted uses and activities in the vicinity.
3. 
A game machine arcade shall be located at least six hundred feet from any school, adult business, or another game machine arcade, and at least three hundred feet from any residential zone, cocktail lounge, or bar.
D. 
Design and Operation. A game machine arcade shall be arranged in such a manner that all amusement devices and public spaces can be viewed from a single supervisory or cashier station. A responsible adult employee of the establishment shall be on duty throughout the hours that such establishment is open.

§ 19.552.050 Automobile Service Stations.

A. 
Findings and Purposes.
1. 
It is found that automobile service stations create special problems of traffic friction, congestion, and hazard, especially at street intersections, and that such stations differ significantly from other uses permitted in commercial zones, thus requiring special controls on location, siting, and development.
2. 
The purpose of this section is to minimize the adverse effects of service stations while enabling the provision of reasonably convenient automobile service and promoting compatibility with surrounding activities.
B. 
Permitted Uses. The primary activity at an automobile service station shall be the dispensing of motor vehicle fuel. In addition, the following incidental activities are permitted:
1. 
The supply of water and pressurized air;
2. 
Hand washing, waxing, and polishing of motor vehicles not occupying an area of more than five hundred square feet;
3. 
Sale of motor vehicle accessories;
4. 
Minor repair and service of motor vehicles limited: to lubrication, changing of oil and transmission fluid, replacement of wiper blades, fuses, lamps, filters, batteries, and other minor accessories, repair of minor accessories, brakes and water pumps, minor electrical repairs, patching, changing and mounting of tires, wheel alignment, battery charging, tune-up, and similar repairs and services; and
5. 
Public restrooms.
C. 
Location. A service station shall have frontage on a highway, shall be at least three hundred feet from any school, park, public playground, or similar use, and shall be at least five hundred feet from any other service station on the same side of a street except at an intersection of two highways where a maximum of two stations may be permitted on the corners of such intersection.
D. 
Site Requirements. A service station site shall be at least one hundred fifty feet by one hundred fifty feet or the minimum required for the zone in which located, whichever is greater. The site shall have a frontage of at least one hundred fifty feet on a highway. A service station may be modified or rebuilt on an existing service station lot with site dimensions less than required in this section provided that all other development standards of subsection E of this section and other applicable sections of this Division shall be satisfied.
E. 
Development Standards.
1. 
All activities shall be conducted within buildings except dispensing of fuel, oil, water and air, replacement of minor accessories and parts, changing of tires, attachment and detachment of trailers, and hand washing, waxing, and polishing.
2. 
Setbacks. Notwithstanding the applicable setback regulations, canopies over pump islands, whether attached to a building or not, may extend to within ten feet of street property lines.
3. 
Landscaping. In addition to all development standards of the zone in which located, a landscaped buffer strip five feet wide shall be provided along all interior lot lines except where such area is occupied by buildings or driveways.
4. 
Service Bays. Service bays shall be located and designed pursuant to the requirements of Section 19.536.090.
5. 
Restrooms. Public restrooms shall be provided, marked with identification signs, and their entrances either screened from direct view or located inside a building.
6. 
Driveways. Driveways at the point of crossing a street property line shall be located as follows:
a. 
Not less than thirty feet from the point of intersection of the ultimate right-of-way lines at the nearest street intersection; except, where the station is located in an integrated development, the distance shall be at least ninety feet,
b. 
Not less than five feet from any curb return,
c. 
Not less than twenty-five feet from any other driveway,
d. 
Not less than five feet from a side property line.
7. 
Outdoor Storage and Display.
a. 
There shall be no outdoor storage for longer than twenty-four hours of any vehicle awaiting service.
b. 
There shall be no outdoor storage or display of merchandise or equipment except, in the industrial zones only, up to ten utility trailers or two-axle trucks for rent may be stored outdoors if screened from public view and not occupying driveways and required parking areas.
8. 
Trash. Each service station shall have a trash area at least eighty-four square feet in area and meeting the standards of Section 19.524.010.
9. 
Signs. Notwithstanding the sign requirements of Division 9 for sign regulations, the following signage shall be permitted for a service station use.
a. 
Sign Area. Each service station use shall be permitted a total allowable sign area of 300 square feet
b. 
Ground Signs. There shall be not more than one ground sign for each service station lot.
c. 
Wall Signs. There shall be not more than one wall sign and one logo sign for each building frontage facing a street.
d. 
Additional monument signs, wall signs, and sign area may be authorized under a conditional use permit pursuant to Section 19.128.020 for the purpose of posting fuel prices as required by the State or for identifying multiple uses such as markets or car washes permitted on the site.
F. 
Environmental Effects. Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency or shrillness, and shall comply with the requirements of Title 8.
G. 
Abandonment. Whenever an automobile service station has not been in use for more than one hundred eighty consecutive days, the use shall be considered to have been abandoned. Within six months after abandonment, all structures and facilities on the site above and below ground shall be removed and the surface of the site restored and neatly graded, unless a conditional use permit is approved for reuse of the site. Such conditional use permit shall require such site improvements and modifications of existing facilities as are deemed appropriate for the new use.

§ 19.552.060 Carwashes.

A. 
Findings and Purposes.
1. 
It is found that mechanical carwashes create special problems of traffic friction, congestion, hazard, noise, and appearance, and that such stations differ significantly from other uses permitted in commercial zones, thus requiring special controls on location, siting, and development in order to achieve compatibility with surrounding uses.
2. 
The purpose of this section is to minimize the adverse effects of carwashes and promote compatibility with surrounding activities.
B. 
Permitted Uses. To the extent not further restricted by the terms of a conditional use permit, the primary activity at a mechanical carwash shall be the washing of motor vehicles, including cleaning, vacuuming, drying, waxing, and polishing. Incidental activities may include those activities permitted at automobile service stations by subsection B of Section 19.552.050.
C. 
Location. A mechanical carwash shall be located so as not to be a hazard or nuisance to nearby uses, to not create traffic congestion or hazards, and to avoid conflict with pedestrian-oriented uses.
D. 
Site Requirements.
1. 
The minimum lot area for a mechanical carwash shall be twenty thousand square feet.
2. 
The site of a mechanical carwash shall have a street frontage of least one hundred fifty feet; except, for a self-service carwash, street frontage shall be at least one hundred feet.
E. 
Development Standards.
1. 
The architectural design of a mechanical carwash shall be compatible with surrounding uses and the character of the area.
2. 
All washing and all automated operations shall be within a building. The vehicular entrances and exits of such buildings shall not face a street, except provided for in Section 19.536.090.
3. 
All activities of the types permitted at automobile service stations shall comply with the requirements for such stations as provided in Section 19.552.050.
4. 
Restrooms. At mechanical carwashes, other than self-service carwashes, public restrooms shall be provided, marked with identification signs, and their entrances either screened from direct view or located inside a building.
5. 
Driveways. Driveways at the point of crossing a street property line shall be located not less than one hundred ten feet from the point of intersection of the ultimate right-of-way lines at the nearest street intersection.
6. 
Outdoor Storage and Display.
a. 
There shall be no outdoor storage for longer than twenty-four hours of any vehicle awaiting service.
b. 
There shall be no outdoor storage or display of merchandise or equipment.
7. 
Landscaping. At least ten percent of the total site area shall be landscaped. Landscaping shall be located primarily along site boundaries, including street frontages, and include trees. Submission and approval of a landscaping plan shall be a condition of the conditional use permit.
Table 19.552.060
REQUIRED PARKING AND WAITING SPACES FOR MECHANICAL CARWASHES
Parking
Waiting Ahead of Each Wash Line
Waiting After Each Wash Line
Full-Service
10
30
10
Drive-through
5
3
2
Self-Service
0
1
1
8. 
Parking. The minimum number of parking and waiting spaces to be provided shall be as shown in Table 19.552.060.
9. 
Submission and approval of a plan for the pattern of access and circulation shall be a condition of the conditional use permit.
F. 
Environmental Effects. Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency or shrillness, and shall comply with the requirements of Title 8.
G. 
Abandonment. Whenever a mechanical carwash has not been in use for more than one hundred eighty days, the use shall be considered to have been abandoned. Within six months after abandonment, all structures and facilities on the site above and below ground shall be removed and the surface of the site restored and neatly graded, unless a conditional use permit is approved for reuse of the site. Such conditional use permit shall require such site improvements and modifications of existing facilities as are deemed appropriate for the new use.

§ 19.552.070 Commercial Establishments with Drive-In, Drive-Through, and Walk-Up Window Service.

A. 
Findings and Purposes.
1. 
It is found that drive-in, drive-through, and walk-up window service establishments create special problems of traffic friction, congestion, hazard, noise, littering and appearance, and that such establishments differ significantly from other uses permitted in commercial zones, thus requiring special controls on location, siting, development, and operation in order to achieve compatibility with surrounding uses.
2. 
The purpose of this section is to minimize the adverse effects of drive-in, drive-through, and walk-up window service establishments and promote compatibility with surrounding uses and activities.
B. 
Location. Drive-in, drive-through, and window service establishments shall be located only on lots having street frontage on a highway. Such establishments shall be located so as not to be a hazard or nuisance to nearby uses, to not create traffic congestion or hazard, and to avoid conflict with pedestrian oriented uses.
C. 
Site Requirements.
1. 
The minimum lot size for a drive-in, drive-through, or walk-up window service establishments shall be at least one hundred fifty feet by one hundred fifty feet or as required for the zone in which located, whichever is greater.
2. 
Each such establishment shall have a street frontage of at least one hundred fifty feet on a highway.
D. 
Development Standards.
1. 
The architectural design of any drive-in, drive-through, or walk-up window service establishment shall be compatible with surrounding uses and the character of the area.
2. 
Landscaping. The site of any drive-in, drive-through, or walk-up window service establishment shall be landscaped in a manner which enhances compatibility with the surrounding area. Trees of fifteen-gallon minimum size shall be included. Any fences parallel to the street frontage shall be located to the rear of the required landscaping in the front yard area. Submission and approval of a landscaping plan shall be a condition of the conditional use permit.
3. 
Driveways. Driveways at the point of crossing a street property line shall be located not less than one hundred ten feet from the point of intersection of the ultimate right-of-way lines at the nearest street intersection.
E. 
Environmental Effects. The site of any drive-in, drive-through, or walk-up window service establishment shall be maintained neat and clean at all times. Litter on the site and any litter scattered to nearby property, streets, and walkways shall be removed at least daily. Paved surfaces on the site shall be washed at least weekly.

§ 19.552.080 Recycling Centers.

A. 
Purpose. It is the purpose of this section to provide regulations and standards which pertain to the review, construction, and operation of recycling facilities within the City. The placement, construction, or operation of any recycling facility, as defined in this section, is prohibited without first obtaining a permit pursuant to the provisions set forth in this section.
B. 
Definitions.
1. 
Convenience zone.
"Convenience zone" means that area within a one-half mile radius of a supermarket as designated by the California Department of Conservation pursuant to the terms of the California Beverage Container Recycling and Litter Reduction Act (California Public Resources Code Sections 14500, et seq.).
2. 
Recyclable material.
"Recyclable material" means reusable material, including, but not limited to, metal, glass, plastic, and paper.
3. 
Recycling facility.
"Recycling facility" means a structure for the collection of recyclable materials, certified as a recycling facility by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act. Recycling facilities include the following:
a. 
Reverse Vending Machine.
A "reverse vending machine" means one or more automated mechanical devices, which occupy a space no larger than three hundred forty-two square feet, and which are made for the collection of one or more recyclable materials in return for a cash refund or redeemable credit slip with a value not less than the redemption value as determined by the California Department of Conservation.
b. 
Mobile Recycling Unit.
A "mobile recycling unit" means and shall be a kiosk, bin, or portable container, occupying a space less than three hundred forty-two square feet, which is made for the collection and redemption of recyclable materials and which is operated by an attendant during hours of operation. A mobile recycling unit may include certain permanent structures associated with the mobile recycling unit as provided in this section.
C. 
Development Standards. The placement, construction, and operation of recycling facilities shall be subject to the following development standards:
1. 
Recycling facilities shall be established in conjunction with an existing commercial use which is in compliance with the zoning, building, and fire codes of the City of Buena Park and is located within a convenience zone in an area zoned for commercial or industrial uses.
2. 
Recycling facilities shall be conveniently accessible to pedestrians and vehicles and shall be designed to include safety provisions for separating pedestrian and vehicular traffic (i.e., special walkways, drive aisles, bollards, safety lighting, etc.).
3. 
Recycling facilities or any associated screening shall be designed in a manner consistent with the architectural and site plan of the associated commercial use, including, but not limited to, color and landscaping.
4. 
Recycling facilities shall be maintained in good repair and the area immediately surrounding the recycling facility shall be maintained in a litter-free condition. All storage of recyclable materials shall be within the recycling facility or related enclosed structure.
5. 
Hours of Operation. Recycling facilities which are operated by an on-site attendant and located within one hundred feet of a property zoned or occupied for residential uses shall operate only during the hours of nine a.m. to seven p.m.
6. 
Location.
a. 
A reverse vending machine which occupies an area less than fifty square feet may be placed under the building canopy adjacent to the business which sells beverages in redeemable containers. Reverse vending machines which occupy more than fifty square feet, but less than three hundred forty-two square feet, shall be placed within the parking area or other approved location of the associated commercial use.
b. 
Recycling facilities not located under the building canopy shall be set back at least fifty feet from any property line abutting a public street, as measured from the curb face.
7. 
Landscaping. Recycling facilities which are not located under the building canopy of the associated commercial use or within a landscaped area of the associated commercial use shall be designed with a landscape planter at least three feet in width (inside dimension) along the sides and rear of the recycling facility.
8. 
Restrooms. Recycling facilities which are operated by an on-site attendant shall be provided access to the facilities of the associated commercial use (i.e., restroom, drinking fountains, etc.).
9. 
Signs. Signage required for recycling facilities shall be limited to a maximum sign area of twenty square feet. All signs shall be integrated with the design of signage for the associated commercial use. A sign permit shall be obtained from the City Planning Division prior to installation of any signage.
D. 
Action of the City.
1. 
The Director of Development Services or his or her designee shall approve an application for a recycling facility provided that the application complies with each of the following requirements:
a. 
The recycling facility is certified, or has applied to be certified, as a recycling location pursuant to the California Beverage Container Recycling and Litter Reduction Act;
b. 
The operator of the recycling facility has presented a written authorization from the property owner where the proposed recycling facilities are to be located; and
c. 
The recycling facility complies with all of the development standards as set forth in this section.
2. 
The Director of Development Services shall provide written notification to the Planning Commission of the City of Buena Park of the action taken.
3. 
The Director's decision shall be final unless appealed to the Planning Commission in accordance with the provisions of this title.
4. 
Notwithstanding the foregoing, the Director (or Planning Commission or City Council, if on appeal) may deny an application for a recycling facility if it is specifically found that the operation of the recycling facility will have a detrimental effect on the public health, safety, or general welfare. In the case of any such denial, the Director shall support the action with specific written findings of facts based on substantial evidence.
E. 
Automatic Revocation. Any permit granted pursuant to the terms of this section shall be deemed automatically revoked if the operator's recycling certificate is revoked or suspended by the California Department of Conservation pursuant to the terms of the California Beverage Container Recycling and Litter Reduction Act.
(Ord. 1233 § 7,1989)

§ 19.552.090 Adult Entertainment Businesses.

A. 
Purposes and Findings. It is the intent of these regulations to prevent problems of blight and deterioration which can be brought about by the concentration of adult entertainment businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, public parks, and residentially zoned districts. Recent studies prepared by other jurisdictions with respect to the establishment of such adult-oriented businesses have demonstrated that a number of detrimental social and economic effects are produced to those persons and properties immediately surrounding established adult-oriented businesses. Moreover, recent opinions of the United States Supreme Court have upheld local regulations of such adult-oriented businesses when regulations are predicated upon the fact that establishment of such businesses disrupts the social and economic welfare of those areas immediately adjacent to such businesses and, therefore, dispersal of such businesses from churches, schools, parks, and residences is necessary and appropriate for the preservation of the public health, safety and welfare.
1. 
Prior to the adoption of the ordinance codified in this chapter, this Council has had available and reviewed detailed studies prepared by other jurisdictions with respect to the detrimental social and economic effects produced to those persons and properties immediately surrounding established adult-oriented businesses. These studies included those prepared by the Cities of Indianapolis, Indiana; Phoenix, Arizona; Los Angeles, California; and Austin, Texas. The consensus of these studies tend to demonstrate that the crime rate in areas surrounding even one adult-oriented business tends to escalate (particularly as to sex-related crimes) and that property values in such areas tend to show a marked decrease. This is particularly true given a close proximity to residential areas. The general summary is that it is reasonable and prudent that local jurisdictions exercise zoning power to regulate the location of adult-oriented businesses to operate in areas of the community that, while accessible to their patrons, are located in districts that are least likely to injure the general welfare of residents. Based upon the findings and conclusions set forth in said studies, this Council hereby finds as follows:
a. 
Areas within close walking distance of single and multiple family dwellings should be free of adult-oriented businesses;
b. 
Areas where children could be expected to walk, patronize or recreate should be free of adult-oriented businesses;
c. 
Adult-oriented businesses should be located in areas of the City which are not in close proximity to residential uses, churches, parks, and other public facilities and schools;
d. 
The image of the City of Buena Park as a pleasant and attractive place to reside will be adversely effected by the presence of adult-oriented businesses in close proximity to residential land uses, churches, parks, and schools;
e. 
Regulation of adult-oriented businesses should be developed to prevent deterioration and/or degradation of the vitality of the City before the problem exists, rather than in response to an existing problem;
f. 
The Buena Park Redevelopment Agency has instituted a number of specific redevelopment projects for the purpose of upgrading existing deteriorated and "blighted" economic and social conditions in and around such project areas. The presence of adult-oriented businesses in and around such existing project areas would defeat the purpose of such redevelopment projects;
g. 
Commercial areas of the City patronized by young people and children should be free of adult-oriented businesses;
h. 
Areas where students are walking to and from school should be free of adult-oriented businesses so not to be subjected to confrontation with the existence of such businesses;
i. 
Adult-oriented businesses should be regulated by zoning to separate them from other dissimilar uses just as any other land use should be separated from uses with characteristics different from itself;
j. 
The location of adult-oriented businesses in proximity to residential uses, churches, parks, and schools may lead to increased levels of criminal activities, including prostitution, rape, incest, and assaults in the vicinity of such adult-oriented businesses;
k. 
The experience in numerous other cities has shown that the location of adult-oriented businesses tends to degrade the quality of areas in which they are located and cause a blighting effect upon the City;
l. 
Location of adult-oriented businesses in close proximity to residential uses, churches, parks and schools will reduce retail trade to commercial uses in the vicinity, thus reducing property values and tax revenues to the City. Such adverse effects on property values will cause the loss of some commercial establishments followed by a blighting effect upon the commercial districts, within the City, leading to deterioration of the commercial/economic quality of the City;
m. 
Location of adult-oriented businesses within walking distances of churches and other religious facilities will have an adverse effect upon the ministry of such churches and will discourage attendance at such churches by the proximity of such adult-oriented businesses;
n. 
A reasonable regulation of the location of adult-oriented businesses will provide for the protection of the image of the City of Buena Park and its property values, and protect the residents of the community from the adverse effects of such adult-oriented businesses, while providing to those who desire to patronize adult-oriented businesses an opportunity in areas within the City which are appropriate for location of adult-oriented businesses;
o. 
The initial location of adult-oriented businesses will lead to the location of additional and similar uses within the same vicinity, thus multiplying the adverse impacts of the location of adult-oriented businesses upon residential uses, churches, parks, and schools and directly cause adverse impacts upon the image and quality of the character of the entire community; and,
p. 
The above-referenced findings and conclusions can be feasibly promoted and/or achieved by adoption of this Ordinance.
2. 
The Development Services Department of the City of Buena Park has conducted and completed a study of properties within the City of Buena Park as they will relate to the development propensities and characteristics of adult-oriented businesses; the result of such study to evaluate and recommend reasonable, prudent, and thorough regulations concerning the location and operation of adult-oriented businesses in those areas of the community that, while accessible to their patrons, best promote the goals, findings, and policies set forth in subsection A1 of this section. Prior to the adoption of the ordinance codified in this chapter, this Council has reviewed the findings and data contained in such study (entitled "Land Use Planning Study, December 1992") which study is incorporated herein by reference.
3. 
It is, therefore, the purpose of these regulations to establish reasonable and uniform regulations to prevent the concentration of adult businesses or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas.
B. 
Definitions. The following words shall have the following meanings:
1. 
It is the intent of this Section that the definitions set forth in the Buena Park Zoning Ordinance shall apply but only where they do not conflict with any definition set forth in this Section.
2. 
Adult entertainment business.
An adult entertainment business is any business in which any of the following activities are conducted:
a. 
Adult Arcade.
An establishment where, for any form of consideration, as a regular and substantial course of conduct one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
b. 
Adult Bookstore.
An establishment that, for any form of consideration, as a regular and substantial course of conduct offers for sale, rent, or viewing either adult entertainment material, adult entertainment merchandise or both.
c. 
Adult Cabaret.
An establishment which serves food or beverages and which, for any form of consideration, as a regular and substantial course of conduct presents live performances that either:
(i) 
are characterized by an emphasis upon specified sexual activities; or
(ii) 
feature any semi-nude person.
d. 
Adult Hotel/Motel.
A hotel, motel or similar establishment offering public accommodations for any form of consideration which either:
(i) 
(1) Provides patrons with closed-circuit television transmissions, films, motion pictures, videos, slides or other photographic or electronic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas; and (2) advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to newspapers, magazines, pamphlets, leaflets, radio or television.
(ii) 
Rents, leases or lets any single guest room for less than any ten-hour period.
(iii) 
Rents, leases or lets any single guest room more than twice in any 24-hour period;
(iv) 
Allows a tenant or occupant to sub-rent a guest room for a time period less than ten hours.
e. 
Adult Motion Picture Theater.
An establishment which, for any form of consideration, as a regular and substantial course of conduct offers to show films, computer-generated images, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
f. 
Adult Theater.
An establishment which, for any form of consideration, as a regular and substantial course of conduct presents live performances that either:
(i) 
are characterized by an emphasis upon specified sexual activities; or
(ii) 
feature any semi-nude person.
g. 
Modeling Studio.
An establishment which provides, for any form of consideration, semi-nude figure models or figure models who expose specified anatomical areas for the purpose of observation, sketching, photography, painting, sculpting or other depiction by persons paying such consideration. This definition shall not include the following:
(i) 
schools maintained pursuant to standards set by the State Board of Education; and
(ii) 
schools maintained by an individual artist or group of artists, and which do not provide, permit, or make available specified sexual activities.
h. 
Sexual Encounter Center.
A business, agency or person that, for any form of consideration, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.
i. 
Any business that, for any form of consideration, as a regular and substantial portion of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
3. 
Adult entertainment material.
"Adult entertainment material" means any book, periodical, magazine, photograph, drawing, sculpture, motion-picture film, videotape recording, or other visual representation, characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
4. 
Adult entertainment merchandise.
"Adult entertainment merchandise" means adult entertainment implements or paraphernalia, such as, but not limited to: dildos; auto sucks; vibrators; edible underwear; benwa balls; inflatable orifices; anatomical balloons with orifices; simulated vaginas and similar adult entertainment devices that are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.
5. 
Characterized by an emphasis upon.
"Characterized by an emphasis upon" means the dominant or essential theme of the object described by such phrase.
6. 
Park.
"Park" means a park, playground, swimming pool, golf course or athletic field within the City which is under the control, operation or management of the City or other public agency.
7. 
Semi-nude.
"Semi-nude" means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.
8. 
Specified anatomical areas.
"Specified anatomical areas" means the following:
a. 
Less than completely and opaquely covered human
(i) 
genitals or pubic region;
(ii) 
buttocks; and
(iii) 
female breast below a point immediately above the top of the areola;
b. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered;
c. 
Any device, costume or covering that simulates any of the body parts included in subsections of this subsection B.
9. 
Specified sexual activities.
"Specified sexual activities" means the following, whether performed directly or indirectly through clothing or other covering:
a. 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;
b. 
Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;
c. 
Masturbation, actual or simulated;
d. 
Excretory functions as part of, or in connection with, any of the other activities described in subsections 1 through 3 of this subsection B.
C. 
Zones for Adult Entertainment Establishments - Development Standards. Adult entertainment businesses are permitted only in those areas of the City as set forth herein. The development standards applicable to the establishment of an adult entertainment business shall be as set forth in the Buena Park Zoning Ordinance for a zone and use most comparable to the proposed adult entertainment business, as determined by the Director.
D. 
Minimum Proximity Requirements. No adult entertainment business shall be established within specified distances of certain specified land uses or areas as set forth below:
1. 
No such business shall be established within 300 feet of any school, church, park, hospital, publicly operated facility, or residentially zoned property.
2. 
No such business shall be established within 1,000 feet of any other adult entertainment business.
3. 
No such business shall be established on properties with a zoning designation of AR, OS, and MR.
4. 
No such business shall be established on properties located within 500 feet of the Beach Boulevard right-of-way.
5. 
No such business shall be established on properties located within 300 feet of the Knott Ave. right-of-way between the 91, Artesia/Riverside Freeway and Melrose Ave.
6. 
No such business shall be established on properties located south of the 91, Artesia/Riverside Freeway.
7. 
No such business shall be established on any and all properties located within the "Superblock" or "Manchester/Artesia" redevelopment project areas or properties located within 300 feet therefrom.
E. 
Measurement of Distance Between Uses. The distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult entertainment business and any school, public park, or residential zone, etc. shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment business to the closest property line of the school, public park, or residential zone.
F. 
Closed Viewing Areas. No adult use or adult entertainment business shall maintain closed areas, booths, cubicles, rooms, or other areas within its place of business that are used, designed, or furnished for private sexual activity. No nudity or sexual activities by customers shall be allowed on the premises. All portions of the premises shall be available by access and visual inspection at all times by any City inspector standing at the front door (not to include existing and approved restroom facilities).
G. 
Adult Entertainment Zoning Permit Required. It shall be unlawful to establish or operate, or cause or permit to be operated, any adult entertainment business without first obtaining an adult entertainment zoning permit from the Director.
H. 
Permit Application.
1. 
Any person, association, partnership, corporation, or other entity desiring to obtain an adult entertainment zoning permit shall file an application with the Director on a form provided by the Director. The application shall be accompanied by a non-refundable application processing fee in the amount established by City Council resolution.
2. 
The application for a permit shall contain the following information:
a. 
The name, address, and telephone number of the applicant. If the applicant is a corporation, the applicant shall set forth the name of the corporation exactly as shown in its article of incorporation, the date and place of incorporation, the names and addresses of its officers, directors, and each stockholder owning more than 10 percent of the stock of the corporation. If the applicant is a partnership, the applicant shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provision of this section pertaining to a corporate applicant shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its reasonable managing officer.
b. 
Name, address, and telephone number of the person who shall manage and operate the business for which the permit is requested. The name and address of a person authorized to accept service of legal notices.
c. 
The proposed business name of the adult entertainment business and description of the type of adult entertainment business.
d. 
Street address of the proposed adult entertainment business and the parcel number for the property.
e. 
A plot plan for the property depicting the location of the building housing the adult entertainment business on the property.
f. 
If the adult entertainment business was in existence as of the effective date of these regulations the date the business first commenced operation.
g. 
Any other information reasonably necessary to accomplish the purposes of these regulations.
3. 
Referral to Other City Departments. The Director may refer the application to other City departments to determine whether the premises where the adult entertainment business is located, or will be located, complies with the City's building, health, zoning, and fire ordinances or other applicable ordinances or laws. City departments may conduct an inspection of the premises to determine compliance with the ordinances and laws they administer.
4. 
Action on Application. The Director shall determine whether to grant or deny the permit within thirty working days after receipt of a complete application.
I. 
Grounds for Permit Denial/Revocation.
1. 
The Director shall approve the permit unless he or she determines from a consideration of the application, City inspection of the premises or other pertinent information that:
a. 
Information contained in the application or supplemental information requested from the applicant is false in any material detail.
b. 
The proposed location of the adult entertainment business would not comply with the requirements of subsection C or D of this section.
c. 
The operation of the adult entertainment business is or would be in violation of one or more provisions of these regulations.
d. 
The premises where the adult entertainment business is or will be located does not comply with all applicable laws; including, but not limited to the City's building, health, zoning, and fire ordinances.
e. 
That a permit to operate the adult entertainment business has been issued to the applicant, a partner of the applicant, or a stockholder or the applicant which stockholder owns more that 10 percent of the applicants' corporate stock, which permit has been suspended and the period of suspension has not yet ended.
2. 
Notice of permit denial shall be in writing and shall state the grounds therefore. Notice shall be personally served on the permit applicant or mailed to the address listed on the application form.
3. 
An adult entertainment permit may be suspended for up to one year or revoked for any of the reasons specified as grounds for permit denial in subsection 1.a through e of this section.
J. 
Permit Conditions. The Director may condition the issuance of an entertainment zoning permit by imposing reasonable conditions to insure compliance with these provisions and other sections of the Buena Park City Code.
K. 
Sale or Transfer of Business.
1. 
No permit issued pursuant to this Ordinance may be assigned or transferred without the prior written approval of the Director. The applicant shall apply for a transfer on a form provided by the Director, and shall pay a non-refundable application processing fee in the amount established by City Council resolution.
2. 
Transfer of partnership or corporate ownership. An application for approval of a transfer or permit shall be required prior to any change in an interest in a partnership or ownership of 10 percent or more of the stock of a corporation to any person not listed on the application filed by said application.
3. 
An application for transfer of a permit may be denied for any of the grounds specified for denial of an original permit application in subsection I of this section. Procedures for notice of denial of a transfer and appeal thereof shall be identical to those procedures for denial of a permit application specified in subsection I of this section.
L. 
New Permit Required. The permittee must apply for a new adult entertainment permit as follows:
1. 
Prior to any change in the location of the adult entertainment business.
2. 
Prior to the conversion of any existing adult entertainment business to any other type of adult entertainment business as described herein.
3. 
Prior to any change in the business name of the adult entertainment business.
M. 
Display of Permit. Each person to whom or for who a permit has been granted shall display said permit in a conspicuous place within the adult entertainment business so the same may be readily seen by persons entering the premises.
(Amended by Ord. 1361 § 2, 1997)

§ 19.552.110 Hotels, Motels, and Motor Hotels.

A. 
Purposes and Findings. The purpose of this Section is to ensure the continued availability of transient lodging within the City of Buena Park and to ensure the continued use of hotels, motels and motor hotels in the manner intended at the time of adoption of the Zoning Ordinance of the City of Buena Park.
B. 
Limitation on Continuous and Cumulative Occupancy of Hotels, Motels and Motor Hotels. It shall be unlawful for any hotel, motel or motor hotel to rent or let, or otherwise provide, any room therein to any person, firm, partnership, corporation, association or other business entity for thirty 30 or more consecutive days, or for more than 60 total days in any 180-consecutive day period, unless such hotel, motel, or motor hotel complies with all development standards set forth in subsection C of this section and a conditional use permit has been obtained pursuant to Section 19.128.020 of this Title. It is the intent of this section that if a room is rented, let or otherwise provided to any party for either of the maximum time periods allowed by this section, then such room may not again be rented, let or otherwise provided to that same party or to any individual, firm, or entity that was a member of said party.
1. 
Each hotel, motel and motor hotel shall maintain daily written records reflecting the renting, letting, or other provision of any of its rooms, including but not limited to, check-in and check-out dates of each person who rents, lets, or is otherwise provided a room. Unless payment for the room is made by check or credit card, such records shall also include the name and home or business address and telephone number of each such person. The required records shall be maintained for no less than one year, or for such longer period as may be prescribed by law, and shall be available for review by City representatives during normal business hours.
2. 
Except as otherwise provided by law, each hotel, motel, and motor hotel shall post a legible copy of the text of this Section 19.552.110 in an open and conspicuous place within the public lobby area, and in an open and conspicuous place where other postings are required by law, in each room available for rent.
3. 
Any property left in a room by a person or party that has checked out shall be removed by the operator of the hotel, motel, or motor hotel and stored or otherwise disposed of in accordance with applicable laws.
C. 
Development Standards. Any hotel, motel or motor hotel applying for a conditional use permit to meet or exceed the 30- or 60-day occupancy limit set forth in Subsection B of this section shall comply with all of the following development standards:
1. 
The hotel, motel or motor hotel must have a minimum of 75 guest rooms.
2. 
Fireproof safety deposit boxes must be available to all of the occupants of the hotel, motel or motor hotel.
3. 
In room telephone services shall be available to all of the occupants of the hotel, motel or motor hotel.
4. 
Each guest room shall be serviced daily with central maid, mail, and room services.
5. 
The hotel, motel or motor hotel must have a restaurant on the property or on abutting property.
6. 
Entrances to all guest rooms within the hotel, motel or motor hotel must be from completely enclosed interior halls or from a courtyard that is enclosed on all four sides by guest rooms and/or lobby area.
(Ord. 1340 § 5, 1996; Ord. 1399 §§ 1, 2, 1999)

§ 19.552.111 Indoor Swap Meets.

A. 
Findings and Purposes.
1. 
It is found that indoor swap meets create special problems of traffic friction, congestion, and parking, and that such establishments differ significantly from other uses permitted in commercial centers, thus requiring special controls on parking, building size, and operation in order to achieve compatibility with surrounding uses.
2. 
The purpose of this section is to minimize the adverse effects of indoor swap meets and promote compatibility with surrounding uses and activities.
B. 
Minimum Building Size. Minimum building gross floor area for an indoor swap meet shall be 60,000 square feet.
C. 
Parking. Parking shall comply with standards for indoor swap meets in Table 19.536.040.
D. 
Signs. Individual vendors shall not display any outdoor signs, including temporary signs.
E. 
Limitations. The following requirements shall apply to indoor swap meets:
1. 
The minimum floor area for each vendor shall be 200 square feet.
2. 
All display of merchandise, and all sales, purchases, and trade transactions shall occur within the building.
3. 
All vendors shall use a centralized loading/unloading area serving the entire building, which is completely screened from public view.
4. 
All vendors must have a current City business license.
F. 
Environmental Effects. The site of any indoor swap meet shall be maintained in a neat and clean condition at all times. Litter on the site and any litter scattered to nearby property, streets, and walkways shall be removed at least daily. All regulations of this Code pertaining to the provision and maintenance of trash receptacles and regular solid waste collection shall apply.
(Ord. 1478 § 6, 2005)

§ 19.552.120 Emergency Shelters.

A. 
The maximum number of beds/persons permitted to be served nightly shall be based on the individual capacity of the building and overall facility and shall not be less than 50 square feet per person served. Shelters are limited to 30 occupants per site as a principal permitted use, consistent with Cal. Gov't Code Section 65583(4)(A). Emergency shelters with more than 30 occupants per site are permitted subject to the approval of a conditional use permit.
B. 
Maximum stay at the facility shall not exceed 180 days in a 365-day period.
C. 
Facility location shall be within a 1/2 mile radius from an OCTA bus stop, as measured from the property line.
D. 
A minimum distance of 300 feet shall be maintained from any other emergency shelter, any residentially zoned property and any public or private school, as measured from the property line. Shelters at existing churches are exempt from minimum distance requirements from residentially zoned properties and schools.
E. 
A minimum of 1 staff member per 15 beds shall be awake and on duty when the facility is in operation.
F. 
A minimum of 1 parking stall for every 4 beds or 1/2 parking space for each bedroom designated for family units with children, plus 1 parking stall for each employee/volunteer on duty, shall be maintained.
G. 
Bike rack parking shall also be provided by the facility.
H. 
Exterior lighting shall be provided for the entire outdoor area of the site consistent with the provisions of Section 19.536.070(G).
I. 
On-site client waiting and intake areas shall be located internally in the building where feasible. If not feasible, a waiting area shall be provided which contains a minimum of 10 square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right-of-way, shall be visually separated from public view by minimum 6-foot tall visually screening mature landscaping or a minimum 6-foot tall decorative masonry wall, and shall provide consideration for shade/rain provisions.
J. 
Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view. Any outdoor storage areas provided shall be screened from public view by minimum 6-foot tall visually screening mature landscaping or a minimum 6-foot tall decorative masonry wall.
K. 
Facility improvements shall additionally provide:
1. 
A minimum of 1 toilet for every 8 beds per gender;
2. 
A minimum of 1 shower for every 8 beds per gender; and
3. 
Private shower and toilet facility for each area designated for use by individual families.
L. 
An operational plan shall be provided for the review and approval of the Community Development Director. Plans may be required to address additional specific needs as identified by the Director. The approved operational plan shall remain active throughout the life of the facility and updated as necessary. At a minimum, the plan shall contain provisions addressing the topical areas outlined below:
1. 
Security and safety - addressing both on- and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas within the facility;
2. 
Loitering control - with specific measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site;
3. 
Management of outdoor areas - including a system for daily admittance and discharge procedures and monitoring of waiting areas with a goal to minimize disruption to nearby land uses;
4. 
Staff training - with objectives to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income;
5. 
Communication and outreach with objectives to maintain good communication and response to operational issues which may arise from the neighborhood, City staff, or the general public;
6. 
Screening of clients for admittance eligibility - with objectives to provide first service to Buena Park residents;
7. 
Counseling programs to be provided with referrals to outside assistance agencies, and provide an annual report on this activity to the City; and
8. 
Litter control - with an objective to provide for the timely removal of litter attributable to clients within the vicinity of the facility.
M. 
The facility may provide the following services in a designated area separate from sleeping areas:
1. 
A recreation area either inside or outside the shelter;
2. 
A counseling center for job placement, educational, health care, legal, or mental health services;
3. 
Laundry facilities to serve the number of clients at the shelter;
4. 
Kitchen for the preparation of meals;
5. 
Dining hall;
6. 
Client storage area (i.e., for the overnight storage of bicycles and personal items); or
7. 
Similar services geared to homeless clients.
(Ord. 1564 § 3, 2013)

§ 19.552.130 Massage Establishments.

A. 
No massage establishment shall be permitted to operate and no conditional use permit shall be granted, unless a massage or provisional massage establishment permit has been issued to the massage establishment pursuant to Chapter 5.12 of the Buena Park Municipal Code, and is current and valid at the time of application for a conditional use permit.
B. 
No conditional use permit shall be granted to any massage establishment to operate in any location where a massage establishment was closed due to criminal activity, or had any approval to operate a massage establishment, including a massage establishment permit or conditional use permit, revoked, within the previous 12 months.
C. 
Any existing massage establishment operating in a zone where such use is no longer permitted by right, or is now conditionally permitted, shall be a nonconforming use and shall be subject to the provisions of Chapter 19.204 of the Buena Park Municipal Code provided, however, that such use shall be discontinued, or a conditional use permit therefore shall be obtained, where conditionally permitted, within 5 years of the effective date of this section. If a conditional use permit is not obtained within such 5-year period, the use shall be deemed to be fully amortized and shall immediately be discontinued. Section 19.132.020, Extension or Termination of Nonconforming Privilege, shall apply to the provisions of this subsection.
(Ord. 1602 § 6, 2016)

§ 19.556.010 Intent and Policy.

A. 
This chapter is intended to provide a method to facilitate larger, more intensive regional commercial development utilizing imaginative and innovative planning concepts exhibiting excellence in design, site planning, integration of uses and structures, and protection of the integrity of neighboring development. It is the intent to provide more efficient use of land and coordinated allocation and maintenance of high quality, usable open space.
B. 
This chapter enumerates principles and standards designed to capitalize upon the special qualities and opportunities of the area while permitting the flexibility required to consider unique and imaginative designs. Master planning concepts are encouraged to establish a pattern for the arrangement of land use, circulation, open space, and other features necessary to coordinate development on adjacent parcels of property or consolidation of smaller contiguous commercial properties into a larger master planned integrated regional commercial center. The objective is to create a functionally and visually integrated development for the entire area through the provision of special standards and development incentives.
C. 
These standards are adopted in order to establish regulations, conditions, standards, and criteria for the implementation of regional commercial "town center" development providing a wide array of retail, commercial, entertainment, office, professional, and recreational services and merchandising. The mechanisms for development incorporated within this chapter are designed to recognize that this development scenario is unique to this section of the City. The intent is to achieve a regional retail/entertainment complex with associated services, in order to encourage the viability of the area as a commercial "town center" as well as enhance urban design in association with development under a unified concept.
(Ord. 1382 § 18, 1998)

§ 19.556.020 Area Development Policies.

The following policies shall apply in design and implementation of development and uses.
A. 
The "town center" concept of development shall be implemented through a "master planning" concept illustrating an overall site design scheme to encourage a regional commercial mall or shopping center, utilizing a design approach which develops the entire area into a singular, comprehensive, and coordinated town center commercial/entertainment complex oriented toward the regional marketplace.
B. 
Development standard and intensity incentives may be approved in order to encourage unique, innovative, and imaginative architectural and site design and development schemes to create a heightened visual environment while providing appropriate buffering between the development areas and adjacent residential areas.
C. 
Comprehensive architectural planning shall be provided which assures complementary design with existing structures through the use of building materials, finishes and colors, as well as landscape and hardscape materials and finishes. A diversity of massing, scale, building heights, and landscape setbacks with enhanced use of lighting is encouraged. Architecture, signs, lighting, pedestrian walks, and landscaping shall achieve a harmony of all elements with an overall design concept for the entire development area.
D. 
The design and control of pedestrian and vehicular circulation shall be coordinated in order to provide safe and convenient access to all facilities within the area and provide a distinctive pedestrian and vehicular link between the development area and adjacent public facilities. Emphasis shall be given to circulation efficiency and the flow of traffic along the public streets by increasing vehicular access between adjoining properties and keeping the number of access driveways from the public street to a minimum. Safe ingress and egress points shall be established, and pedestrian traffic shall be separated from vehicular traffic to the maximum extent feasible. Provisions shall be made for public transit, as well as passenger loading and unloading within the development area. Loading and unloading of goods and refuse areas shall be shielded from public view to the maximum extent feasible.
E. 
Retention of larger parcels and further combination of smaller parcels to encourage large scale development shall be encouraged. Development associated with the master plan shall include provision for future lot consolidation, shared access, mutual easements, and coordinated maintenance of site improvements on adjacent parcels.
F. 
Pedestrian-oriented landscaped and/or public use areas shall include such elements as plazas and courtyards enhanced with architectural elements, such as gazebos, trellises, pergolas, and canopies. A high quality, well-defined public assembly and pedestrian circulation system is highly encouraged.
G. 
The master plan shall demonstrate exemplary attention to enhanced detail for all aspects of site and architectural development in order to provide total integration of the plan development, including special attention to landscaping, graphics, lighting, courtyards, buffers and linkages, as well as service and parking areas.
H. 
Except as provided within this chapter, or as approved through the master planning concept, the applicable provisions of Title 19 shall apply. Deviation from required standards may be authorized in order to maximize the potential benefits and opportunities of the regional commercial center.
I. 
Pedestrian-oriented linkages within enclosed mall areas and between tenants are considered an integral part of the town center concept. All uses within a shopping mall must have pedestrian access to the common court areas. Alternative access plans may be approved pursuant to the Conditional Use Permit process contained within Section 19.128.020 and the provisions of this chapter.
(Ord. 1382 § 18 (part), 1998; Ord. 1405 § 7, 2000)

§ 19.556.030 Master Plan Requirement.

A. 
The Master Plan shall demonstrate distinctive design in site planning, structural design, architectural treatment, landscaping, and integration into the community. Overall coordinated integrity of the properties shall be demonstrated through comprehensive landscape and hardscape plans, as well as a comprehensive architectural design plan, assuring compatibility of existing and proposed buildings, comprehensive sign program, and provisions for coordinated maintenance of site improvements on all parcels within the area.
B. 
In order to demonstrate compliance with the objectives of this chapter, master plans shall accompany the submittal of any proposed development within this zone, with the following exceptions as determined by the Director:
1. 
Interior and exterior alterations of existing structures which will not result in a change of building floor area or require additional parking, or substantially impact adjacent property.
2. 
Alteration of existing site improvements which will not substantially alter vehicular and pedestrian circulation.
3. 
Temporary uses, as permitted in Section 19.512.010 and Division 10 Temporary Use and Special Permits.
C. 
The Master Plan shall illustrate or otherwise provide the information necessary to substantiate compliance with the objectives enumerated above for all properties within one of the following areas which relate to the proposed project:
1. 
Master Plan Area North, containing all CR-zoned properties located on the north side of La Palma Ave., or
2. 
Master Plan Area South, containing all CR-zoned properties located on the south side of La Palma Ave.
D. 
The Master Plan shall provide for shared access, whether currently proposed or planned for the future, between all contiguous parcels in the area as well as the development of a comprehensive plan for parking as well as vehicular and pedestrian circulation.
E. 
The Master Plan may also be used as the conceptual plan for long-term or phased plan development. Minor alterations to the approved Master Plan may be approved by the Community Development Director if the proposed alteration does not materially affect the overall project design.
(Ord. 1382 § 18 (part), 1998)

§ 19.556.040 Review Criteria.

In order to maximize project excellence, the maximum degree of flexibility shall be provided in order to encourage excellence and imagination in design.
A. 
Any proposed development requiring the preparation and submittal of a master plan or utilizing special provisions and development incentives of this section shall be reviewed in accordance with the provisions of Section 19.128.020 for a Conditional Use Permit.
B. 
Other proposed projects which would not require submittal of a master plan shall be reviewed in accordance with the applicable provisions of Title 19, except that the project shall demonstrate compliance with the criteria and intent of this chapter as to the project compatibility with existing surrounding structures and site improvements.
C. 
Any modifications to a building with public exterior mall entries or exits shall be subject to the Conditional Use Permit process contained in Section 19.128.020 and the provisions of this chapter.
D. 
The proposed use of any building with public exterior mall entries or exits where the prior use has been discontinued for longer than 4 months shall be subject to the Conditional Use Permit process contained in Section 19.128.020 and the provisions of this chapter.
(Ord. 1382 § 18 (part), 1998; Ord. 1405 § 8, 2000)

§ 19.556.050 Development Standards, Special Provisions and Incentives.

A. 
Site design. Special consideration shall be provided for mall or exterior courtyard developments arranged around internal pedestrian walkways, designed to promote shopping, entertainment, and recreation opportunities. Non-integrated "strip" commercial style of development shall be discouraged.
B. 
Site coverage. Site coverage shall be based on the usable floor area at grade level, with a maximum floor area ratio of 0.7:1.0.
C. 
Pedestrian circulation. Attractively landscaped pedestrian walkways using enhanced paving shall extend throughout the development area and within the public right-of-way areas adjoining Master Plan Areas North and South.
D. 
Architecture. Harmonious composition of massing, scale, colors, textures, materials, and forms shall be demonstrated.
E. 
Building Height and Setback. Deviation from Section 19.516.040 for allowable building height and setback standards from a public street may be permitted to allow special architectural and site features, or other elements to create added visual interest, variety, and architectural enhancement.
F. 
Required Yards along a Public Street and Permitted Encroachments. Deviation from Section 19.520.020 for required yards along a public street and permitted encroachments in such yard may be permitted in order to promote the provision of such building and site amenities as the following:
1. 
Unenclosed outdoor dining areas.
2. 
Building projections, including additional building floor area in exchange for additional landscape setbacks or other amenities in other areas, in order to provide a building facade with varying setbacks and associated architectural enhancements.
3. 
Visually interesting amenities, including freestanding decorative elements such as gazebos, trellises, pergolas, canopies, arcades, and awnings, as well as other architectural or site features. Unless specifically approved otherwise, the entire required setback area shall be fully landscaped in conjunction with this Code.
G. 
Open space. The pattern, form, and relationship of open spaces and their associated landscape and hardscape treatment shall be developed in harmony with the architecture.
H. 
Fence Height in a Required Yard. For an outdoor dining area located within a required yard along a public street, a greater fence height may be allowed than otherwise permitted under Section 19.528.020. Such fence shall be predominantly non view-obscuring, with the fence design and height to be determined through a Site Plan Review by the Planning Commission.
I. 
Parking lot landscaping. In addition to the requirements of Sections 19.532.010 and 19.536.070 of this division, one tree shall be planted for every 15 parking spaces within the interior of all surface parking areas for all parking lots. For existing, non-conforming parking lots, compliance with this requirement shall be determined pursuant to the provisions of Section 19.204.240 of Chapter 19.204 for non-conformities as to vehicular provisions.
J. 
Required Parking. Minimum required parking standards other than those listed in Table 19.536.040 of Section 19.536.040 may be considered and granted based upon parking traffic studies reflecting current transportation patterns relating to auto usage, occupancy, and public transit. An application for such consideration shall be reviewed through the conditional permit procedure and must meet the following requirements:
1. 
A parking study prepared by a traffic engineer shall be submitted by the applicant demonstrating that there will not exist substantial conflict in the peak hours of parking demand between the proposed parking standard and the existing parking standards for those uses currently existing and/or permitted within the development.
2. 
Alternative parking standards may be considered in conjunction with the provision for shared parking facilities of Section 19.536.040 or may be considered solely for a specific use(s) whereby shared parking agreements may not be required.
K. 
Service and loading areas. All loading/unloading and refuse areas shall be screened from public view to the maximum extent feasible.
L. 
Utility equipment. All exterior equipment shall be appropriately screened or enclosed by dense landscaping or other methods as approved.
M. 
Sign Provisions. In addition to the general sign provisions and definitions of Chapter 19.904, the following additional sign criteria are established as special provisions for a master-planned regional retail center in the CR zone.
1. 
Definitions. For the purpose of this section, the following definitions shall apply:
a. 
Shopping mall.
"Shopping Mall" shall be defined as a commercial retail center where the majority of tenants are oriented around a pedestrian mall and rely predominantly on public access through a common entrance. A shopping mall may contain some tenants with separate public entrances as well as other peripheral tenants within the development who are located and oriented away from the main pedestrian area.
b. 
Shopping center.
"Shopping Center" shall be defined as a commercial retail center where each tenant has an exclusive public entrance, usually within direct view, with direct access from an adjacent parking area.
c. 
Entertainment promenade.
"Entertainment Promenade" shall be defined as a special outdoor pedestrian courtyard or mall centered around an entertainment-related activity area whereby such area is devoted exclusively to pedestrians and is substantially surrounded by other ancillary retail / restaurant uses. An entertainment promenade shall be delineated on plans as to specific activity areas, location, area boundaries, and associated enhanced pedestrian-scaled building, landscape and other hardscape details and features which will promote a sense of place. For the purpose of this Section, an approved entertainment promenade shall allow the consideration through a master sign program for an additional number of wall and ground signs and allowable sign area than would be otherwise permitted through the strict applicable of this ordinance.
d. 
Major theater complex.
"Major Theater Complex" shall be defined as an integrated indoor theater complex with 15 or more screens.
e. 
Major anchor tenant.
"Major Anchor Tenant" shall be defined as a single tenant in a shopping mall which occupies 75,000 square feet of minimum gross leasable floor area, or a Major Theater Complex.
f. 
Sub-major tenant.
"Sub-Major Tenant" shall be defined as a single tenant in a regional mall which occupies 5,000 square feet of minimum gross leasable area.
g. 
Master sign program.
"Master Sign Program" shall be defined as a comprehensive sign plan illustrating wall and ground signs proposed including specific design, area, height and location.
2. 
No sign shall be permitted in the CR Zone except as provided in Chapter 19.904 and this section. Furthermore, no sign shall be permitted unless authorized as part of a comprehensive sign program which shall be submitted to the Planning Commission for review and approval.
3. 
Total Allowable Sign Area. Except for signs exempted within this section and the general sign provisions of Chapter 19.904, the total sign area of all signs within a regional retail center shall not exceed the following:
a. 
For a shopping mall, two square feet per foot of total building frontages.
b. 
For a shopping center, two square feet per foot of total business frontages.
c. 
For an entertainment promenade approved under the provisions of this Chapter, additional allowable sign area shall be permitted pursuant to subsection M.6 of this section.
d. 
Additional allowable sign area may be considered under the master sign program to accommodate unique design features of the master plan area, subject to the conditional use permit procedure.
4. 
Ground Signs.
a. 
Master Plan Area North. For Master Plan Area North, containing all CR-zoned properties located on the north side of La Palma Avenue, the following sign criteria for ground signs shall apply
(i) 
Allowable Ground Sign Area. The allowable amount of ground sign area shall be established as part of the master sign program, such that the total sign area for all wall and ground signs will not exceed the total allowable sign area for the development. In absence of any established criteria, the allowable ground sign area shall not exceed 30 percent of the total allowable sign area.
(ii) 
Number of Ground Signs and Allowable Heights.
(aa) 
One primary ground sign shall be permitted, with a maximum 30 foot height.
(bb) 
Two secondary ground signs shall be permitted, with a maximum 20 foot height. Additional secondary ground signs, with a maximum 10 foot height, may be reviewed under the sign plan review procedure of Section 19.904.060.
(cc) 
One additional monument sign may be permitted for each use which solely occupies a separate structure abutting a public street and containing a minimum 3,000 square feet in floor area.
(dd) 
Ground sign heights exceeding the criteria of this section may be considered pursuant to the Conditional Use Permit procedure of Section 19.128.020.
b. 
Master Plan Area South. For Master Plan Area South, containing all CR-zoned properties located on the south side of La Palma Avenue, the following sign criteria for ground signs shall apply. Deviations shall be subject to the review and approval of a Master Sign Program by the Planning Commission, unless noted otherwise.
(i) 
Allowable Ground Sign Area. The allowable amount of ground sign area shall be established as part of the master sign program, such that the total sign area for all wall and ground signs will not exceed the total allowable sign area for the development. In absence of any established criteria, the allowable ground sign area shall not exceed 30 percent of the total allowable sign area.
(ii) 
Number of Ground Signs and Allowable Heights.
(aa) 
One primary ground sign along the La Palma Ave. frontage shall be permitted with a maximum 50 foot height, and one secondary ground sign each shall be permitted along Stanton Ave. and Dale Street frontages with a maximum 30 foot height.
(bb) 
Two additional secondary ground signs with a maximum height of 30 feet shall be permitted along the La Palma Avenue frontage.
(cc) 
One monument sign, not exceeding a height of 8 feet, shall be permitted for each free-standing building located within the development.
(dd) 
Ground sign heights exceeding the criteria of this section may be considered pursuant to the Conditional Use Permit procedure of Section 19.128.020.
c. 
Decorative monument markers, with a 6 foot maximum height, may be provided at primary entry/exit drives to identify the name of a retail center. Such entry markers, subject to zoning compliance review by the Planning Division, shall be considered exempt from the total allowable sign area for the development.
5. 
Wall Signs.
a. 
Shopping Center. For a shopping center in the CR Zone, the following sign criteria for wall signs shall apply.
(i) 
Allowable Wall Sign Area. The allowable amount of wall sign area for a shopping center shall be established as part of the master sign program, such that the total sign area for all wall and ground signs will not exceed the total allowable sign area for the development. Unless specified otherwise in an approved sign program, the allowable amount of wall sign area per tenant space shall be limited to the following formula:
Sign Area = 2 ft. x 70% of width (in feet) of the tenant business frontage, except, for a business frontage of less that 15 feet, a minimum of 20 square feet shall be permitted.
(ii) 
Number of Wall Signs. Each tenant within a shopping center in the CR zone shall be permitted one wall sign and one logo per business. Additionally, tenant spaces meeting specified criteria shall be permitted the following:
(aa) 
Upon a sign program approval, one wall sign may be permitted for each additional tenant wall facing a parking lot or street. Total sign area of all such wall signs shall be within the allowable wall sign area for that tenant space.
(bb) 
For a tenant space exceeding 30,000 square feet in floor area, up to four additional wall signs may be permitted for the purpose of advertising goods or services offered. The area of all wall signs for such tenant shall be within the total allowable wall sign area for the tenant space. Furthermore, the additional signs permitted within this section shall be subordinate in area and size to a primary wall sign.
(iii) 
Materials and Design.
(aa) 
A wall sign shall not extend in length beyond 70 percent of any business frontage. For a business frontage of less than 15 feet, the wall sign may extend beyond this point, if a minimum 5 foot separation is provided from any other wall sign.
(bb) 
All wall signs within a shopping center in the CR zone shall be complementary in size, shape, proportion and construction to the overall architectural design and/or theme for the center.
b. 
Shopping Mall. For a shopping mall in the CR Zone, the following sign criteria for wall signs shall apply.
(i) 
Allowable Wall Sign Area. The allowable amount of wall sign area for a shopping mall shall be established as part of the master sign program, such that the total sign area for all wall and ground signs will not exceed the total allowable sign area for the development.
(ii) 
One wall sign and one additional wall sign containing a logo identifying the name of the center shall be permitted for each customer entry into the interior common areas of the mall, which may be mounted on a wall or on a separate structure which is architecturally integrated with the adjacent buildings and considered part of the public entrance. For the purposes of this section only, such signs shall not be considered "roof" signs if they project above or are mounted on top of such a structure. Special lighting or architectural graphics and features shall not be considered as sign area.
(iii) 
For a major anchor tenant, one wall sign identifying the name of the business and one logo shall be permitted for each building wall.
(iv) 
For each sub-major tenant, one additional wall sign shall be permitted, subject to sign program review for proposed location, size, design and appearance.
(v) 
Additional wall signs within the development may be allowed pursuant to the review and approval of a master sign program.
(vi) 
With the exception of the provisions of subsection 2.m of this section for common area entry signs, wall signs may be mounted only on walls and parapets or on fascias and penthouses which have a slope of 25 degrees or more from horizontal. These signs shall not extend above the top edge of any of these features.
(vii) 
One wall sign which provides street level identification of a customer entry into a major anchor tenant store or of a service bay entry for automotive-related uses shall be permitted for each customer entry or service bay. Each sign must not exceed 6 square feet in area for an entry, nor 3 square feet in area for a service bay.
6. 
Entertainment Promenade. For an approved entertainment promenade, an additional number of wall and ground signs as well as additional allowable sign area may be permitted through the review and approval of a master sign program for this area pursuant to Section 19.904.060.
a. 
As part of the sign plan review, the application shall include information regarding the following.
(i) 
Development plans for the entertainment promenade which clearly depict pedestrian-scaled building, landscape and other hardscape details and features which will promote a strong sense of a special place or activity area.
(ii) 
Precise delineation of the location and area boundaries as well as the proposed uses for the entertainment promenade. One wall sign and one additional wall sign containing a logo identifying the name of the center shall be permitted for each building frontage.
(iii) 
Detailed sign criteria, including design, precise locations, and dimensioned sign face areas and heights.
b. 
Additional Permitted Wall Signs and Wall Sign Area. For each tenant with a business frontage located on an approved entertainment promenade, one additional wall sign per tenant may be permitted, with an additional allowable wall sign area of two square feet per foot of business frontage along the promenade. For an entertainment promenade with a major theater complex as an anchor, an additional number of wall signs and wall sign area may be considered pursuant to a conditional use permit.
c. 
Wall signs within an entertainment promenade may be mounted on a wall or on a separate sign structure which is architecturally integrated with the adjacent buildings and considered an architectural feature. For the purposes of this section only, a wall sign may be mounted to a wall, fascia, or similar sign structure as a "projecting sign" with a projection greater than one foot as defined under the sign regulations of Division 9 of Title 19. Furthermore, such a sign shall not be considered a "roof" sign if it projects above or is mounted on top of such a structure.
d. 
For an entertainment promenade with a major theater complex as an anchor, one monument sign, not exceeding a height of 20 feet, shall be permitted adjacent to a street frontage in addition to the number of ground signs permitted elsewhere in this chapter.
7. 
Building Graphics and Murals. Building graphics and/or murals shall be subject to the review and approval of the Director when, in the view of the Director, the proposed graphics and/or murals are compatible with their proposed location and with the design and architecture of the structure. Such graphics and murals are intended to promote general community interest, however, business and product names may appear on the graphics and murals in a subordinate manner which is considered appropriate to the particular type and scale of graphic and/or mural. Graphics and murals may be changeable in design, including such examples as seasonal events and holidays, special activities and community events, and may include movie posters and similar artwork, as well as running electronic message signs. Authorization of building graphics and murals under this section exempts such building graphics and murals from allowable sign area calculations.
8. 
The provisions of Section 19.912.010 E, F, and H for canopy signs, display board signs, and pennants and banners, shall also apply for all development in the CR zone. Likewise, the provisions of Chapter 19.904 shall apply to any such development except that notwithstanding the provisions of Section 19.912.010, electronic message word display ground signs may be permitted with a conditional use permit review and approval.
(Ord. 1382 § 18 (part), 1998)