Fullerton City Zoning Code
CHAPTER 15
56: GENERAL PROVISIONS, CONDITIONS AND EXCEPTIONS
§ 15.56.010 INTENT AND PURPOSE.
The general provisions, conditions and exceptions contained in this chapter are intended to be applicable to any proposal to develop or use property and shall be in addition to the specific provisions and the specific standards of the zone classification given to the property.
(Ord. 2982, passed - -2001)
§ 15.56.020 LIMITATION OF LAND USE.
Except as provided in Chapter 15.64
, no building shall be erected, reconstructed or altered, nor shall any building or land be used for any purpose other than is specifically permitted in the zone in which such building or land is located.
(Ord. 2982, passed - -2001)
§ 15.56.030 CLARIFICATION OF AMBIGUITY.
If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, or if ambiguity exists with respect to matters of height, yard requirements, area requirements or zone boundaries, as set forth herein, as they may pertain to unforeseen circumstances, it shall be the duty of the Planning Commission to ascertain all pertinent facts and to set forth the findings and the interpretations by resolution of record. Such resolution shall be forwarded to the City Council, and, if approved by the City Council, thereafter such interpretation shall govern.
(Ord. 2982, passed - -2001)
§ 15.56.040 GOVERNMENT SPECIFIC PLANS.
(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
GOVERNMENT SPECIFIC PLAN. A plan initiated and adopted by the City Council showing precise locations of streets, parks and other public facilities. Such a plan is based on, and implements, the adopted General Plan. A GOVERNMENT SPECIFIC PLAN shall be adopted in the same manner as an amendment pursuant to Chapter 15.72 of this title.
(B) Location of structures. No building permit shall be issued to construct any improvement on any part of a highway width shown on an adopted government specific plan, nor may any such width be considered in computing the setbacks required by any zone classification.
(Ord. 2982, passed - -2001)
§ 15.56.045 MASTER SPECIFIC PLANS.
(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
MASTER SPECIFIC PLAN. A plan initiated and adopted by the City Council describing the detailed location, type and quantity of planned private land uses, but also including the provision of public streets and facilities, within a specified area. Such a plan is based on and implements, the adopted General Plan. A MASTER SPECIFIC PLAN shall be adopted in the same manner as a General Plan revision, as prescribed by state law.
(B) Zoning consistency. The zone classifications applied to property within a master specific plan must be consistent with the designated land uses of the adopted master specific plan.
(Ord. 2982, passed - -2001)
§ 15.56.050 FULLERTON AIRPORT ENVIRONS LAND USE PLAN.
(A) Purpose. The Fullerton Airport Environs Land Use Plan (AELUP) is formulated by the County Airport Land Use Commission (ALUC) under the authority of Cal. Public Utilities Code § 21675. The intent of this land use plan is to safeguard the general welfare of the inhabitants within the vicinities of the airport and to ensure the continued operation of the airport. The plan establishes land use guidelines, development standards and operational regulations “to protect the public from the adverse effects of aircraft noise, to ensure that people and facilities are not concentrated in areas susceptible to aircraft accidents and to ensure that no structures or activities adversely affect navigable airspace.”
(B) Planning area boundary. As part of the AELUP, the ALUC designates and adopts a “planning area” or “airport influence area.” The planning area includes all points within 10,000 feet from the nearest point of the runway.
(C) Compliance with Airport Environs Land Use Plan. Proposed development and activities that would take place within the planning area are subject to a review by the ALUC, as specified in Chapters 2, 3 and 4 of the AELUP.
(1) Furthermore, development projects which will exceed 200 feet above ground level at their sites must undergo FAA review and may require referral to the ALUC.
(2) Additionally, any amendment to a city general or specific plan, Airport Master Plan or Zoning Ordinance must be submitted to the ALUC for a determination prior to its adoption by the city.
(Ord. 2982, passed - -2001; Ord. 3054, passed - -2004)
§ 15.56.055 DESIGN REVIEW.
If the Community and Economic Development Department receives an application to develop property and the Director of Community and Economic Development determines that there are significant design issues that do not serve the public interest, the Director may require modifications to address the design concerns. A project applicant may appeal the determination of the Director of Community and Economic Development to the Planning Commission.
(Ord. 2982, passed - -2001; Ord. 3232, passed - -2016; Ord. 3267, passed - -2018)
§ 15.56.080 PUBLIC UTILITIES.
The provisions of this title shall not be construed to limit or interfere with the installation, maintenance and operation of public utility pipelines and electric or telephone transmission lines or railroads when located in accordance with the applicable rules and regulations of the State Public Utilities Commission within rights-of-way, easements, franchises or ownerships of such public utilities.
(Ord. 2982, passed - -2001)
§ 15.56.090 TEMPORARY STRUCTURES.
(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
TEMPORARY STRUCTURE. A structure that must be removed when the designated time period, activity or use for which the temporary structure was erected has ceased. A mobile or modular structure, trailer and coach are examples of a TEMPORARY STRUCTURE.
(B) Building permit required. It is unlawful for any person or entity to place, use or occupy any temporary structure upon any public or private land without the approval of the Director of Development Services and the issuance of a building permit. This regulation does not apply to the use of a temporary structure for mere storage provided that the structure is less than 120 square feet in area.
(C) Conditions for approval.
(1) The Director of Development Services is authorized to approve the use of a temporary structure under any of the following conditions:
(a) When permanent facilities are being constructed or remodeled in accordance with applicable codes, or when temporary office needs arise;
(b) In conjunction with the con- struction of a residential subdivision of land; and
(c) In conjunction with the major construction of a new building or rehabilitation of an existing building.
(2) The approval of a temporary structure shall be limited to a maximum of one year. However, upon request by the applicant, an extension not to exceed one additional year may be granted by the Director, only if evidence is provided that extraordinary circumstances prevented the completion of the permanent facilities within the original one-year time period or temporary habitable space is still needed. An extension beyond this additional one-year time period shall require Planning Commission approval. A decision by the Director to deny a request for an extension may be appealed to the Planning Commission.
(3) The placement of a temporary structure for any use other than those listed above shall require approval of a conditional use permit pursuant to Chapter 15.70
of this title. A filing fee as established by resolution of the City Council shall accompany an application for a conditional use permit.
(D) Procedure for approval.
(1) A request for a temporary structure shall be submitted to the Development Services Department. The request shall be subject to a filing fee and shall be accompanied by a fully dimensioned, scaled plot plan of the entire property showing all existing structures and uses and the proposed location of the temporary facilities.
(2) The following information shall be shown on the plot plan: property line dimensions; setback dimensions; distances between buildings; location and design of parking facilities; and such other pertinent information as may be required to properly evaluate the request.
(3) All plans submitted with the request for a temporary structure shall be reviewed by the Development Services Department.
(4) A temporary structure shall comply with all requirements of the City Building Code, City Fire Code, and all other codes, ordinances and regulations adopted and administered by the city, as well as other conditions deemed necessary to guarantee the public health, safety and general welfare.
(5) A building permit shall be issued for a temporary structure that is approved by the Director of Development Services.
(E) Cash deposit.
(1) A cash deposit shall be posted with the city to guarantee removal of any temporary structure permitted under this provision.
(2) The amount of the deposit shall be determined based on an actual bid as determined by licensed contractor, provided by the applicant, for removal of the structure.
(Ord. 2982, passed - -2001)
Cross-reference:
State Building Code adopted, see § 14.03.010
State Fire Code adopted, see § 13.20.10
§ 15.56.100 HEIGHT AND SETBACK EXCEPTIONS.
(A) Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, towers, steeples, roof signs, flagpoles, chimneys, smokestacks, wireless masts and similar structures may be erected above the height limits prescribed for the zone in which the building is located, but no penthouse or roof structure, or any other space above the height limit prescribed for the zone in which the building is located shall be allowed for the purpose of providing additional floor space.
(B) No yard or open space provided around any building for the purpose of complying with the provisions of this title shall be considered as providing a yard or open space for any other building, and no yard or open space on any adjoining property shall be considered as providing a yard or open space on a building site whereon a building is to be erected.
(C) When the common boundary line separating two contiguous lots is covered by a building or permitted group of buildings, such lots shall constitute a single building site and the yard or setback space as required by this title shall then not apply to such common boundary line.
(D) A non-commercial communication facility in a residential zone shall be subject to the provisions of § 15.55.020
(C).
(Ord. 2982, passed - -2001; Ord. 3197, passed - -2013)
§ 15.56.105 PUBLIC PARKING DISTRICTS.
(A) A public parking district may consist of an area or structure that provides parking spaces for use by the general public. Such an area or structure may satisfy the parking requirements for the uses on specified private property. Figure 19 shows the limits of Parking Districts #1 and #2 in the Central Business District.
(B) A private property within a public parking district may not be improved with building area that exceeds two-stories without the approval of a conditional use permit.
(Ord. 2982, passed - -2001)
§ 15.56.110 ILLUMINATION OF PREMISES.
Lighting provided to illuminate any parking area shall be arranged so as to reflect the light and glare away from adjacent properties.
(Ord. 2982, passed - -2001)
§ 15.56.115 TRASH STORAGE AND DISPOSAL.
(A) (1) The development of each property shall take into account the need to dispose of solid waste in accordance with the management plan and system approved by the city.
(2) Solid waste shall be stored and placed on the property in a manner that facilitates its disposal on a regular basis.
(B) When required, trash enclosures for the storage of containers of solid waste shall be designed in accordance with or similar to an approved detail drawing on file at the Development Services Department and finished in a manner that complements the main structure on the property.
(Ord. 2982, passed - -2001)
§ 15.56.120 LOCATION AND SCREENING OF MECHANICAL EQUIPMENT.
(A) Mechanical equipment such as air conditioning units, condensers or pumps and hot water heaters shall not be placed on the premises or attached to a structure where it is visible from the public right-of-way.
(B) The screening of mechanical equipment from public view shall be required, with the design of the screening device subject to the approval of the Director of Development Services.
(Ord. 2982, passed - -2001)
§ 15.56.125 REQUIRED OFF-STREET PARKING.
(A) Any proposed new land use shall not be approved unless there is provision for permanently maintained automobile parking as specified and required in this title, and such parking shall be made permanently available and be permanently maintained for parking purposes.
(B) The requirements of the parking provisions of this title shall not be applicable to lots or parcels devoted to uses first permitted in a commercial or industrial zone classification when the lots or parcels are wholly contained within and are a part of any public parking district duly instituted and completed under any applicable legislative authority.
(Ord. 2982, passed - -2001)
§ 15.56.130 IMPROVEMENT AND MAINTENANCE OF PARKING AREA.
Every lot or parcel of land used as a public or private parking area shall be developed and maintained in the following manner.
(A) Surface of parking area. Any off-street driveway or parking areas shall be constructed with an all weather paving material such as asphalt, masonry or concrete. Another type of paving material such as gravel or turf block may be permissible for a parking area, subject to the approval of the Director of Development Services and the Fire Department. The parking area shall be constructed to dispose of all surface water, and no such drainage shall be permitted across sidewalks.
(B) Border barricades and landscaping. Every parking area that is not separated by a fence or landscaped planter from any street or alley property line upon which it abuts shall be provided with a suitable concrete curb or barrier not less than six inches in height, located not less than two feet from such street or alley property lines, and such curb or barrier shall be securely installed and maintained. However, no such curb or barrier shall be required across any driveway or entrance to such parking area.
(C) Entrances and exits. The location and design of all entrances and exits from a public street or alley shall be subject to the approval of the Director of Public Works.
(D) Landscape requirements.
(1) All street setbacks as required by the underlying zoning classification shall be landscaped except for pedestrian and vehicular accessways, parking areas or other non-irrigated areas designed for non-development (e.g., existing native vegetation).
(2) Alt open parking areas (e.g., non-structured) shall be landscaped such that:
(a) Planters with a total landscaped area equaling a minimum of 25 square feet per parking space, or 8% of the square footage of the open parking area, whichever is greater, shall be provided and distributed throughout the open parking area; and
(b) Trees with a total shaded area (e.g., the area under the tree canopy or dripline 15 years after installation) equaling a minimum of 50% of the square footage of the open parking area shall be provided and distributed throughout the open parking area.
(3) Landscaping and irrigation shall be provided for landscaped areas pursuant to Chapter 15.50
for the following:
(a) Installation of new landscaped areas;
(b) Rehabilitation of existing land- scaped areas where affected landscaped area is equal to or greater than 2,500 square feet;
(c) Installation of a new landscape area or areas less than 2,500 square feet in aggregate may opt to comply instead with the prescriptive measures contained in Chapter 15.50, Appendix A
; or
(d) New or rehabilitated projects using treated or untreated graywater or rainwater captured on-site, any lot or parcels within the project that has less than 2,500 square feet of landscape area and meets the lot or parcel’s landscape water requirement (estimated total water use) entirely with the treated or untreated graywater or through stored rainwater captured on-site is subject only to Chapter 15.50, Appendix A
.
(Ord. 2982, passed - -2001; Ord. 3026, passed - -2003; Ord. 3134, passed - -2009; Ord. 3226, passed - -2016)
§ 15.56.140 SYNTHETIC TURF.
(A) The use of artificial plants and surfaces painted to appear as plant material are prohibited in a landscaped area except as provided by this section.
(B) The use of synthetic turf on areas with a slope percentage greater than 5% shall not be permitted.
(C) Synthetic turf that complies with the following standards shall be permitted.
(1) Material.
(a) Synthetic turf shall:
1. Simulate the appearance of live turf, organic turf, grass, sod or lawn;
2. Be of a type known as cut pile infill with pile fibers a minimum height of 1.75 inches;
3. Be manufactured from poly- ethylene;
4. Be affixed to a permeable backing; and
5. Have a minimum eight-year “no fade” warranty.
(b) The use of indoor or outdoor plastic or nylon carpeting as a replacement for natural or synthetic turf shall be prohibited.
(c) A material other than polyethylene may be approved by the Community and Economic Development Department if the product has been certified to meet applicable environmental and health regulations regarding lead content.
(2) Installation.
(a) Synthetic turf shall:
1. Be installed pursuant to manufacturer’s requirements;
2. Be installed over a subgrade prepared to provide positive drainage and an evenly graded mass of compacted, porous crushed rock aggregate material; and
3. Be anchored at all edges and seams.
(b) A drainage system shall be installed underneath the turf to prevent excessive runoff or pooling.
(c) Where multiple panels are used, the change from one panel to the next shall not be readily visible and seams shall be joined in a tight and secure manner.
(d) An infill medium consisting of clean silica sand or other approved mixture shall be brushed into the fibers to ensure that the fibers remain in an upright position and to provide ballast that will help hold the turf in place and provide a cushioning effect.
(e) Areas of living plant material shall be installed or maintained in conjunction with the installation of synthetic turf when utilized in the front yard area or street, alley or other public right-of-way setback areas. Living plant material shall include shrubs, vines, trees and groundcovers in separate planter areas and tree wells.
(f) Synthetic turf shall be separated from planter areas and tree wells by a concrete mow strip, bender board or other barrier with a minimum three-eights-inch thickness to prevent the intrusion of living plant material into the synthetic turf areas.
(g) Use of an irrigation system for non-active use turf shall be prohibited.
(h) An existing irrigation system that will not be utilized for the synthetic turf may remain, however, heads shall be removed and pipes shall be capped below ground.
(3) Maintenance.
(a) Synthetic turf shall be maintained in a green fadeless condition and free of weeds, debris, tears, holes and impressions.
(b) The use of water to clean synthetic turf is discouraged.
(D) A synthetic turf design package shall be submitted to the Community and Economic Develop- ment Department for review and approval prior to issuance of a landscape permit, including:
(1) Project name;
(2) Project number;
(3) Project location (street address, parcel or lot number(s);
(4) Zoning classification of the project location;
(5) Applicant contact information;
(6) Synthetic turf material, height, backing and warranty information;
(7) A landscape plan showing the area of synthetic turf, area of living plant material, adjacent hardscape and separation material;
(8) Synthetic turf area (in square feet);
(9) A dimensioned cross-section of proposed materials and installation details, including subgrade, drainage, base or leveling layer and infill;
(10) Edge material and detail for treatment of seams;
(11) Material description and specifications, including manufacturer, installer (with contact information) and warranty information; and
(12) Compliance certification stating: “I have complied with the City of Fullerton Synthetic Turf Ordinance in preparing the design and installation plans.”
(E) Installation of synthetic turf shall not proceed without the issuance of a landscape permit.
(F) Following installation, the installer shall certify installation in compliance with the approved synthetic turf design package and the requirements of this section by completing and submitting “Appendix A: Certification of Completion” to the Community and Economic Development Department. Completion and submittal of “Appendix A: Certification of Completion” is a requirement for final project completion.
(G) The above requirements apply to a synthetic turf installation of any size with the following provisions.
(1) Installations of synthetic turf with a total area of 2,500 square feet or more shall require the use of an appropriately licensed professional. The synthetic turf design package and all certifications shall be the responsibility of the licensed professional.
(2) Installations of synthetic turf with a total area less than 2,500 square feet shall not require the use of an appropriately licensed professional. The synthetic turf design package and all certifications shall be the responsibility of the licensed professional, if used. Alternatively, the property owner is responsible for the preparation of the synthetic turf design package and all certifications.
(Ord. 3134, passed - -2009; Ord. 3226, passed - -2016)
Appendix A: Certificate of Completion
Synthetic Turf Installation Certificate of Completion
|
I hereby certify that: (1) I am a professional appropriately licensed in the State of California to install synthetic turf for: ___________________________ ________________________________________ (project name, mailing address and telephone). (2) The synthetic turf installation project for the property located at (provide street address or parcel number(s)) was installed by me or under my supervision. OR (1) I am the property owner of . (2) The synthetic turf installation project on my property was a total of____________ sq. ft. and was installed by me or under my supervision. (3) The synthetic turf installation for the identified property has been installed in substantial conformance with the approved synthetic turf design package and complies with the requirements of § 15.56.140 (Synthetic Turf). (4) The information I have provided in this Synthetic Turf Installation Certificate of Completion is true and correct and is hereby submitted in compliance with the City of Fullerton Synthetic Turf Ordinance (§ 15.56.140) Print Name Date Signature License Number (if required) Address Telephone E-mail Address Professional’s Stamp (If Appropriate) |
(Ord. 3226, passed - -2016)
