Fountain Valley City Zoning Code
CHAPTER 21
30 STANDARDS FOR SPECIFIC LAND USES
§ 21.30.010 Purpose.
§ 21.30.020 Day care facilities.
This section provides locational and operational standards for the provision of day care facilities, in compliance with state law. These standards apply in addition to the other provisions of this title and requirements imposed by the California Department of Social Services.
The establishment of a day care facility shall be in compliance with Chapters 21.04 through 21.14 of this title, and the following criteria and standards.
(a) "Adult day care—small" "Child day care centers" "Family daycare home" "Large family day care home" "Small family day care home"
Definitions. For the purpose of this section, the following definitions shall apply. Additional definitions are contained in Chapters 21.32 through 21.50 of this title.
means facilities for six or fewer adults. Adult day care facilities are allowed within a single-family residence located in a residential zoning district, with no city land use permits or clearances required;
means a facility that regularly provides care, protection, and supervision for fourteen or fewer children, in the provider's own home, for periods of less than twenty-four hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home. A small family daycare home or large family daycare home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multi-family dwelling in which the underlying zoning allows for residential uses. A small family daycare home or large family daycare home is where the daycare provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned;
means a facility that provides care, protection, and supervision for nine to fourteen children, inclusive, including children under ten years of age who reside at the home in a residential zoning district, with no city land use permits or clearances required;
means a facility that provides care, protection, and supervision for eight or fewer children, inclusive, including children under ten years of age who reside in the home in a residential zoning district, with no city land use permits or clearances required.
(Ord. 1308 § 5, 2000; Ord. 1589 § 6, 2022)
§ 21.30.030 Drive-through facilities.
Retail trade or service uses providing drive-through facilities shall be designed and operated to effectively mitigate problems of traffic, congestion, excessive pavement, litter, noise and unsightliness.
(a)
Drive-through aisles shall have a minimum ten-foot interior radius at curves and a minimum twelvefoot width. Each drive-through entrance/exit shall be at least fifty feet from an intersection of public rightsof-way, measured at the closest intersecting curbs, and at least twenty-five feet from the curb cut on an adjacent property. Each entrance to an aisle and the direction of traffic flow shall be clearly designated by signs/pavement markings.
(b)
Each drive-through aisle shall be separated by curbing and landscaping from the circulation routes necessary for ingress or egress from the property, or access to a parking space.
(c)
Pedestrian walkways should not intersect the drive-through access aisles, but where they do, they shall have clear visibility and be emphasized by enhanced paving or markings.
(d)
Drive-Through Windows. For each use that provides drive-through window service to occupants of vehicles, there shall be a queuing lane of not less than one hundred fifty feet in length and twelve feet in width. The queuing lane shall not block any parking space or any portion of a traffic lane.
(e)
Drive-through access aisles shall provide sufficient space before the menu board to accommodate at least four waiting vehicles.
(f)
Each drive-through aisle shall be appropriately screened with a combination of landscaping, low walls and/or berms to prevent headlight glare from impacting adjacent streets and parking lots.
(g)
A minimum six-foot high solid decorative wall shall be constructed on each property line that adjoins a residentially zoned or occupied parcel. The design of the wall and the proposed construction materials shall be subject to the approval of the director. A minimum five-foot landscaping strip shall be provided between the wall and any driveway.
(h)
Notice shall be given in compliance with state law whenever a drive-through facility is subject to permit approval by the city.
(Ord. 1308 § 5, 2000; Ord. 1587 § 4, 2022)
§ 21.30.040 Keeping of animals and fowl.
The purpose of this section is to ensure that the raising, keeping and maintenance of animals would not create an adverse impact on surrounding properties by reason of negative impacts (e.g., bright lights, dust, fumes, insect infestations, noise, odor or visual blight) by providing standards for maintaining the animals. Animal keeping uses shall comply with the requirements of this section and other applicable provisions of this code.
(1)
Regulations. The keeping or maintaining of livestock, fowl or other animals of any kind shall not be allowed in any subdivision except as provided below.
(2)
Dogs and Cats. A maximum of three dogs and/or cats over six months of age shall be allowed as an accessory use.
(3)
Other Household Pets. The keeping of other household pets shall be allowed of a type readily classifiable as being customarily incidental and accessory to an allowed principal residential use when no commercial activity is involved.
(Ord. 1308 § 5, 2000)
§ 21.30.050 Produce stands.
This section provides standards for the establishment of produce stands in zoning districts where they are allowed in compliance with the provisions of Chapters 21.04 through 21.14 of this title.
(1)
Accessory Use. A produce stand shall be allowed only as an accessory use to an agricultural production use on the same or adjacent site.
(2)
Laws and Regulations. Produce stand operations (including agricultural operations) shall be subject to the laws and regulations administered by other city departments, Orange County Public Health Services, Environmental Health Department, Orange County Agricultural Commissioner's Office, as well as the requirements of other applicable agencies (e.g., as the Southern California Air Quality Management District, California Department of Transportation (CALTRANS), and the California Department of Food and Agriculture).
(3)
Site Plan and Information Requirements. Produce stands intended to be in place for a minimum of ninety days shall submit the following information for approval by the director:
(A)
The applicant shall provide a site plan showing:
(i)
The location and dimensions of the proposed temporary buildings, parking areas (with each parking space illustrated), signs, portable restroom(s) and other temporary improvements;
(ii)
Location of ingress and egress points;
(iii)
Setbacks of buildings and signs from property lines;
(iv)
A north (compass) orientation, adjacent streets and identifying physical features where applicable.
(B)
A statement of proposed days/hours of operation and the proposed beginning and ending date of the use shall be provided with the application. The time period allowed for each produce stand shall be the same as the harvest season related to the produce grown and sold on-site.
(4)
Standards. All produce stands shall comply with the following standards:
(A)
Only one produce stand shall be allowed per parcel.
(B)
The produce stand shall be set back in compliance with the regulations in the zoning district in which the use is located, but in no instance shall it be closer than twenty feet to a public street.
(C)
Parking shall be provided as follows:
(i)
A minimum of three off-street parking spaces shall be provided;
(ii)
An all-weather surface (compacted crushed rock, compacted crushed asphaltic concrete, compacted crushed Portland cement concrete or equivalent surface) shall be provided for the vehicle ingress, egress, circulation and off-street parking areas;
(D)
The produce stand shall be of wood frame type construction.
(E)
The surface for the produce stand site shall be constructed and maintained in a manner that prevents mud/dirt from being carried onto adjacent public streets and prevents fugitive dust generation.
(F)
There shall be safe ingress and egress for the site as determined by review of the public works department.
(G)
Signs for produce stands shall conform to the requirements of the zoning district in which the use is placed and for the type of sign used. All signs shall be located outside of the public right-of-way.
(H)
A building permit shall be required for all structures larger than one hundred twenty square feet.
(I)
No electrical wiring or hook-ups of any kind are allowed.
(J)
Produce stand establishment and operation shall comply with all applicable sections of the Uniform Fire Code (UFC), Article 32.
(K)
The parcel on which the produce stand is located shall be kept clean of trash and debris at all times.
(L)
The parcel on which the produce stand is located shall be completely free of all evidence of the use within seven days following the termination of the use. Produce stand operations that do not comply with this standard shall be subject to a code enforcement action.
(M)
If restrooms are provided, they shall conform to all applicable rules, regulations and codes of the Orange County Public Health Services, and any other requirements governing the use of these facilities.
(N)
Agricultural products may not be sold from a motorized vehicle.
(O)
Any graffiti on the premises shall be removed within twenty-four hours.
(Ord. 1308 § 5, 2000)
§ 21.30.060 Outdoor storage.
This section provides standards for the establishment of outdoor storage areas, in compliance with Chapters 21.04 through 21.14 of this title, which shall be subject to the following:
(1)
Screening. Outdoor storage areas shall be screened from adjoining properties and public rights-of-way by decorative walls, fences and/or landscaping. Screening shall be provided to a height of at least one foot above the approved height of the materials being stored.
(2)
Storage Setback Area. Outdoor storage areas shall not encroach into required setback areas. In zoning districts where no setback area is required, the outdoor storage area shall be set back a minimum of ten feet from adjoining property lines(s) unless otherwise allowed by a conditional use permit.
(Ord. 1308 § 5, 2000)
§ 21.30.070 Recycling facilities.
This section provides standards for the establishment of various types and sizes of commercial recycling facilities, in compliance with Chapters 21.04 through 21.14 of this title, which shall be subject to the following criteria and standards:
(2)
Development and Operating Standards. Recycling facilities shall comply with the following standards:
(A)
Reverse vending machine(s) shall be allowed in all commercial and industrial zoning districts, subject to compliance with the following standards:
(i)
The machines shall be installed as an accessory use in compliance with the applicable provisions of this title, and shall not require additional parking.
(ii)
If located inside of a structure, the machines shall be within thirty feet of the entrance and shall not obstruct pedestrian circulation.
(iii)
If located outside of a structure, the machines shall not occupy required parking spaces, and shall be constructed of durable waterproof and rustproof material(s).
(iv)
The machines shall not exceed a floor or ground area of fifty square feet for each installation, including any protective enclosure, nor eight feet in height.
(v)
The machines shall have a maximum sign area of four square feet for each machine, exclusive of operating instructions.
(vi)
The machines shall have operating hours which are consistent with the operating hours of the main use.
(vii)
The area in front of the machines shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.
(B)
Small collection facilities shall be allowed in all commercial and industrial zoning districts, subject to compliance with the following standards:
(i)
The facility shall not exceed a floor or ground area of three hundred fifty square feet nor three parking spaces, not including space that would be periodically needed for the removal of materials or exchange of containers.
(ii)
The facility shall not use power-driven processing equipment, except for reverse vending machines.
(iii)
The facility shall not be located within fifty feet of any parcel zoned or occupied for residential use.
(iv)
The facility shall be set back at least ten feet from any public right-of-way, and not obstruct vehicular or pedestrian circulation.
(v)
The facility shall accept only glass, metal or plastic containers, paper and reusable items.
(vi)
The facility shall use containers that are constructed with durable waterproof and rustproof material(s), secured from unauthorized removal of material and shall be of a capacity sufficient to accommodate materials collected and the collection schedule.
(vii)
Collection containers and site fencing shall be of a color and design that would be compatible and harmonious with the surrounding uses and neighborhoods.
(viii)
Collection containers and site fencing shall be of a color and design that would be compatible and harmonious with the surrounding uses and neighborhoods.
(ix)
Signs may be provided as follows:
a.
Recycling facilities may have identification signs with a maximum area of fifteen percent for each side of the structure or twelve square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container.
b.
Signs shall be both compatible and harmonious with the character of their location.
c.
Directional signs without advertising messages may be installed with the approval of the director.
(x)
Additional parking spaces shall not be required for customers of a small collection facility located in the established parking lot of the main use.
(xi)
Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.
(xii)
Use of parking spaces by the patrons and the attendant shall not reduce available parking spaces below the minimum number required for the main use unless the director determines that existing capacity is not fully utilized during the time the recycling facility would be on the site.
(C)
A collection facility that is larger than three hundred fifty square feet of floor or ground area, or on a separate parcel not accessory to a main use, shall be allowed in all commercial and industrial zoning districts, subject to compliance with the following standards:
(i)
The facility shall not abut a parcel zoned or occupied for residential use.
(ii)
The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure.
(iii)
Structure setbacks and landscaping shall be provided as required for the applicable zoning district.
(iv)
Exterior storage of material shall be in sturdy containers that are secured and maintained in good condition. Storage, excluding truck trailers, shall not be visible above the height of the required solid masonry walls.
(v)
The site shall be maintained clean, sanitary and free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis.
(vi)
Containers provided for "after hours" donation of recyclable materials shall be permanently located at least one hundred feet from any residential zoning district, constructed of sturdy, rustproof material(s), have sufficient capacity to accommodate materials collected and be secured from unauthorized entry or removal of materials.
(vii)
Dust, fumes, odor, smoke or vibration, above ambient levels, shall not be detectable on adjoining parcels.
(D)
Processing facilities shall be allowed in all industrial zoning districts, subject to the issuance of a conditional use permit in compliance with Chapter 21.36 of this title and the following standards:
(i)
The facility shall not abut a parcel zoned or occupied for residential use.
(ii)
Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials.
(iii)
A light processing facility shall not exceed forty-five thousand square feet of floor or ground area, may have up to an average of two outbound truck shipments of material each day, and shall not bale, compact or shred ferrous metals, other than beverage and food containers.
(iv)
A heavy processor may exceed forty-five thousand square feet of floor or ground area and two outbound truck shipments each day, and may perform those functions not allowed at light processing facilities.
(v)
The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure.
(vi)
Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage, excluding truck trailers, shall not be visible above the height of the required solid masonry walls.
(vii)
Containers provided for "after hours" donation of recyclable materials shall be permanently located at least one hundred feet from any residential zoning district, constructed of sturdy, rustproof material(s), have sufficient capacity to accommodate materials collected and be secured from unauthorized entry or removal of the materials.
(viii)
Dust, fumes, odor, smoke or vibration, above ambient levels, shall not be detectable on adjoining parcels.
(5)
Recycling facilities requiring a conditional use permit shall have a maximum term, in which to operate, established by the review authority. Before permit renewal, the director shall consider the permittee's history of compliance with the established conditions of approval, as well as all applicable provisions of this title.
(Ord. 1308 § 5, 2000)
§ 21.30.080 Health and fitness centers less than 5,000 square feet.
This section provides standards for the establishment of various types studio uses under the land use category of health and fitness centers less than 5,000 square feet in compliance with Chapters 21.04 through 21.15 of this title, which shall be subject to the following criteria and standards:
(1)
Group classes shall be separated by a minimum of 15 minutes from the end of one class to the beginning of the next class. There shall be no more than three individual instructional classes on the premises for all studios.
(2)
All business activities shall be conducted indoors. Any and all amplified sound and music shall be kept to a level that cannot be heard outside of the subject suite.
(3)
The applicant shall implement noise attenuation measure to reduce all noise, sounds, vibrations, etc. such as acoustic panels, acoustic foam, soundproofing insulation, sound dampening windows and doors, etc. Based on substantiated noise complaints, the community development director may require additional noise attenuation measures or limitations on the use of amplified sound.
(4)
Operator shall acknowledge Education Code Section 48200 et seq., which states that persons under the age of 18 are subject to compulsory education and are required to be in school unless exempted. The studio will be limited to instructional classes for dance, marital arts, yoga, etc.
(5)
There shall be no ceremonial events, public assembly, public entertainment or similar assembly uses taking place on site. Any ceremonies or events shall be subject to approval of a temporary use permit.
(Ord. 1615, 10/1/2024)
§ 21.30.090 Violations of specific land use standards.
It is unlawful for any owner, operator, tenant or other person in control of property within the city for which the specific standards set forth in this chapter applies, to fail to comply with those standards.
(Ord. 1358 § 9, 2004; Ord. 1615, 10/1/2024)