Orange City Zoning Code
CHAPTER 17
12 GENERAL REGULATIONS APPLICABLE TO ALL DISTRICTS
§ 17.12.010 Purpose and Intent.
This chapter establishes regulations applicable to specified zone districts.
(Ord. 12-95)
§ 17.12.025 Wireless Communications Facilities.
A.
General Provisions—Purpose. The purpose of these regulations and guidelines is to provide a uniform and comprehensive set of standards for development and installation of wireless communication facilities. The regulations contained herein are designed to protect and promote the aesthetic quality of the community while accommodating managed development of wireless communication infrastructure.
B.
Application Procedure. In order to allow for flexibility and creativity in the siting and design of wireless communication facilities, applications shall be subject to the following review process:
1.
In addition to the application requirements identified in Section 17.08.030 of this title, wireless communication facility applicants shall submit the following supplemental materials to the Planning Division:
a.
A statement that includes a declaration regarding the facility's capacity for future co-location, supporting information regarding why the proposed wireless facility location is required, and a brief explanation as to why the site was not co-located. In the case of nonstealth, non-colocated ground-mounted facilities, applications shall include a list of alternative sites considered in the site selection process along with an indication as to why such alternative sites were rejected. The applicant shall demonstrate a good faith effort to co-locate on existing facilities;
b.
A visual impact demonstration using photo-simulations, elevations, or other visual or graphic illustrations from adjacent properties and/or public rights-of-way as coordinated with planning staff depicting the potential visual impact(s) of the wireless communication facility in its proposed setting;
c.
If a proposed facility falls within the area of potential effects of a location listed, or eligible for listing, in the National Register of Historic Places, and is not otherwise exempt from Section 106 of the National Historic Preservation Act, proof of compliance with Section 106 will be required;
d.
Documentation from a radio frequency engineer demonstrating the need for the given facility is required.
2.
Building- or structure-mounted stealth antennas in A1, RO, SG, PI, OP, CP, C1, C2, C3, CR, M1 and M2 districts outside of the Old Towne Historic District with completely enclosed or screened support equipment may be approved administratively by Planning Division staff under the following circumstances:
3.
Building- or structure-mounted stealth antennas located within the Old Towne Historic District, or those in nonresidential districts outside of the Historic District determined by Planning Division staff not to be adequately integrated or architecturally compatible with the existing structure, must obtain approval from the Design Review Committee.
4.
Building-, structure-, or ground-mounted wireless facilities in residential zones on property with an institutional or quasi-institutional use may be approved by the Community Development Director or designee, provided the wireless facility employs a stealth design. If the wireless facility does not use a stealth design, the wireless facility will be subject to the same requirements as other facilities within residential zones.
5.
Any owner of a wireless communication facility and any person or entity leasing property for a wireless communication facility shall provide written notification to the City of the discontinuance of the use of a wireless communication facility for wireless communication purposes for any period longer than 30 days. The notice shall state the date the use was discontinued and shall be addressed to City of Orange, Community Development Director, 300 East Chapman Avenue, Orange, CA 92866 and shall be placed in the United States mail within 31 days of such discontinuance. This requirement applies to all wireless communication facilities and shall appear as a condition in any conditional use permits granted for a wireless communication facility.
6.
New co-location on existing antennas is encouraged and permitted in commercial, industrial, residential, PC, A1, RO, SG, and PI districts subject to minor site plan review provided the new facility:
7.
Ground-mounted stealth facilities outside of the Old Towne Historic District are permitted in all A1, RO, SG, PC, residential, commercial, industrial, and public institutional zones subject to minor site plan review provided that the installation conforms to the criteria specified in subsections C and D of this section.
8.
A co-located facility shall be a permitted use not subject to a discretionary permit if it satisfies the following requirements:
a.
The wireless telecommunications facility on which the co-located facility is proposed was subject to a discretionary permit by the City after January 1, 2007 and the future expansion or co-location was noted as a possibility in the original permit approved.
9.
A conditional use permit and design review is required for the following:
10.
A conditional use permit and design review may be required for all wireless facilities not addressed in subsections (B)(2) through (B)(7) of this section.
11.
Requirements for Granting Wireless Communications Facilities Conditional Use Permits. Conditional use permits may be heard and decided provided that findings are made based on the following guidelines:
a.
A conditional use permit shall be granted only if the wireless communication facility can be installed and operated in a manner that preserves the aesthetic character of the portion of the community in which it is located;
b.
A conditional use permit shall not be granted if it will cause deterioration of aesthetics for the area in which it is located;
c.
A conditional use permit shall be granted if it can be found that the distance separation standards between ground-mounted wireless communication facilities precludes the wireless supplier from providing service.
Wireless Communication Facility Review Matrix | |||||
|---|---|---|---|---|---|
Zone | Stealth (Building-Mounted) | Stealth (Ground-Mounted) | Nonstealth | Co-Located (Stealth) | Co-Located (Nonstealth) |
Old Towne Historic District | DRC1 | DRC/CUP | DRC/CUP3 | SPR/DRC | DRC/CUP |
SPR2 | SPR2 | - | SPR2 | SPR/DRC | |
Commercial Districts per Chapter 17.18 | Staff1 | SPR | DRC/CUP | SPR | SPR/DRC |
Industrial Districts per Chapter 17.20 | Staff1 | Staff1 | SPR/DRC | Staff1 | SPR |
Public Institution District per Chapter 17.24 | Staff1 | SPR | DRC/CUP | SPR | SPR |
A1, RO, SG, and PC (nonresidential use) | Staff1 | SPR | DRC/CUP | SPR | SPR |
1. Minor site plan review may be required depending on the location of any support equipment. |
2. CDD may approve facilities on institutional or quasi-institutional sites. |
3. Nonstealth facilities are not permitted on residentially zoned property in the Old Towne Historic District. |
CDD = Community Development Director |
CUP = Conditional Use Permit |
DRC = Design Review Committee |
SPR = Minor Site Plan Review |
- = Not Permitted |
C.
Design and Screening Criteria. All wireless communication facilities shall comply with the following design and screening criteria:
1.
Wireless communication facilities shall incorporate stealth design whenever feasible so as to minimize aesthetic impacts on surrounding land uses;
2.
Wireless communication facilities shall be designed with subdued colors and nonreflective materials which will architecturally blend in with surrounding materials and colors;
3.
Wireless communication facilities shall be located in areas where existing topography, vegetation, buildings, or other structures, provide the greatest amount of screening so as to minimize aesthetic impacts on surrounding land uses;
4.
Screening for building-or roof-mounted facilities shall be compatible with the existing architecture, color, texture, and/or materials of the building;
5.
Ground-mounted facilities shall be compatible with the architecture, color, texture, and/or materials of the building or surrounding area and landscaping;
6.
Stealth wireless facilities designed to resemble natural features such as trees or rocks, shall be integrated into the surrounding environment through the planting of trees and/or shrubs distributed around the entire facility to appear as a naturally occurring or integrated landscape element. Standard trees shall be a minimum 36 inch box. Palm trees shall have a minimum brown trunk height of 16 feet;
7.
Any mono-pine, mono-palm, or other type of artificial tree shall incorporate a sufficient amount of "architectural branches" (including density and vertical height) and design material so that the structure is as natural in appearance as possible;
8.
All accessory equipment associated with the operation of a wireless communication facility not located within a building or similar structure shall be fully enclosed and screened by dense landscaping or by locating it within a building, enclosure, or underground vault that complies with the development standards of the zone in which the accessory equipment is located. It may also be located behind a wrought iron fence, a block wall with a lattice roof, or an enclosure deemed equivalent by the Community Development Director. Any building materials used to enclose the accessory equipment shall be compatible with existing building materials in the immediate area. The landscape shall ensure substantial screening, except access gates, within two years of installation. All facilities shall be designed so as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight or attractive nuisances. A maximum eight-foot fence enclosure will be permitted if required to fully conceal the wireless facility equipment. In the event that a wireless communication facility installation involves mounting on utility infrastructure or utility property not located in the public right-of-way, the installation shall comply the landscaping and screening standards identified in this section unless otherwise precluded by utility company operational requirements and standards. Under such circumstance, the applicant and utility company shall work to achieve a screening condition deemed appropriate by the Community Development Director or designee;
9.
Co-located facility's support equipment shall be located as close to the existing equipment as the site will allow;
10.
The accessory equipment associated with a facility located on public property, excluding those facilities located in the public right-of-way should be located within an underground vault, attached to the pole, or within an enclosure deemed suitable by the Community Development Director or designee;
11.
All freestanding wireless communication facility support structures should be designed in a manner that their foundation is capable of supporting additional height and weight to accommodate colocation;
12.
Any new structure, building-mounted antenna, or ground-mounted wireless facility in a residential zone that is not co-located is required to use stealth design; and
13.
Any facility located on a publicly owned or controlled property or utility infrastructure shall be compatible with the existing architecture, color, texture, and/or materials of the structure so as to be camouflaged from view.
D.
Site Development Standards. All wireless communication facilities shall comply with the following site development standards:
1.
Antenna elements may be mounted on rooftops provided that they do not exceed 10 feet in height as measured from the roof plane, and the combined height of the building and antenna does not exceed the height limitations of the underlying zone. If the building itself exceeds the height limitations of the zone, and such excess height was legally established (for example, approved by conditional use permit), then the combined height of the building and antenna shall not exceed the maximum height allowed by such approval;
2.
The maximum height of any wireless communication facility, other than roof-mounted facilities, shall be governed by the height requirements of the zone in which the facility is located. Exceedance of the maximum height may be granted through a conditional use permit subject to the following provisions or restrictions:
a.
The conditional use permit provision noted above shall not be applicable for any wireless ground mounted communication facility located in any residential district;
b.
Notwithstanding, properties used for public service offices or uses and utility service uses located in a residentially zoned district, may exceed the maximum height through the granting of a conditional use permit;
c.
In any industrial district, the maximum height of any wireless communication facility can be a maximum of 80 feet without the need for the conditional use permit, so long as the facility is located greater than 100 feet from the boundary of a residential district, and not within the front yard area. Wireless communication facilities taller than 80 feet or located within a restricted area may exceed the height through granting of a conditional use permit;
3.
Wireless communication facilities shall conform to all building setback requirements, and all equipment associated with their operation shall comply with the development standards for the zone in which they are located;
4.
Wireless communication facilities shall not bear any signs or advertising devices other than certification, warning, or other legally required seals or signage;
5.
Monopoles, antennas, and support structures for antennas shall be no greater in diameter or any other cross-sectional dimension than is reasonably necessary for the proper functioning and physical support of the wireless communication facility;
6.
Excluding those facilities that are co-located, located within the public right-of-way, or located on publicly owned or controlled property or utility infrastructure, wireless communication facilities shall be separated from each other as follows, unless the separation requirement precludes service:
a.
Any new wireless communication facility located within a half mile (2,640 feet) of any residential zone shall be of stealth design to mitigate adverse visual and aesthetic impacts.
b.
Any new ground-mounted wireless communication facility located within a quarter mile (1,320 feet) of an existing ground-mounted facility, must be of stealth design, regardless of the zone in which it is located;
7.
Notwithstanding any other provision of this code, any wireless communication facility whose use has been terminated or otherwise revoked shall be removed within 90 days of the date of revocation. Failure to comply with this provision shall constitute a public nuisance, which may be abated pursuant to Chapter 8.04 of this code.
(Ord. 4-05; Ord. 6-08; Ord. 5-13, 2013)
§ 17.12.030 Lighting.
The following provisions shall apply:
A.
Lighting on any premises shall be directed, controlled, screened or shaded in such a manner as not to shine directly on surrounding premises. Furthermore, lighting on any residential property shall be controlled so as to prevent glare or direct illumination of any public sidewalk or thoroughfares.
B.
On any commercial or industrial zoned property, glare from exterior lighting shall be shielded, screened or oriented so as not to be seen from any point beyond the exterior boundaries of the property and so the source shall not be a nuisance to any point beyond the exterior boundaries of the property or cause illumination in residential districts in excess of 0.5 footcandles. Flickering or intrinsically bright sources of illumination shall be controlled so as not to be a nuisance in residential districts. Illumination levels shall be measured with a photoelectric photometer having a spectral response similar to that of the human eye, following the spectral luminous efficiency curve as adopted by the International Commission on Illumination.
(Prior codes 17.26.230, 17.32.260, 17.38.230, 17.40.230, 17.46.320; Ord. 14-93; Ord. 12-95)
§ 17.12.040 Setback Lines.
The following regulations apply to all zone districts with regard to building setback lines:
A.
Necessity and Purpose. The Planning Commission and the City Council of the City find that the setback lines established in this title are necessary to promote public safety, health and welfare as follows:
1.
To provide for reasonable access for firefighting equipment;
2.
To provide for access by police;
3.
To provide for means by which civil defense measures may be enforced;
4.
To provide greater traffic safety and easy movement of vehicular traffic;
5.
To protect pedestrians from hazards;
6.
To provide for pedestrian travel and to permit pedestrians adequate ingress and egress and easy access to and from public streets and sidewalks;
7.
To provide for property drainage control;
8.
To provide permanent open space;
9.
To provide light and air and to eliminate congestion;
10.
To provide room for landscaping and architectural trim features; and
11.
To implement comprehensive plans to generally improve the welfare of the public and the neighborhood.
B.
Measurement of Setback Lines From Street. The front yard and street side setback in all zone districts shall be measured from the ultimate street right-of-way line. The ultimate width of the street shall be as shown in the Master Plan of Streets and Highways and as modified by adopted precise street plans.
C.
Structures Prohibited Within Setback Area. No building, structure, heating, air conditioning, pool or other mechanical equipment shall be erected or relocated between the required setback line and the ultimate right-of-way of any public street except as provided for in Chapters 17.14 through 17.26 of this title. Signs may be permitted within the setback areas as specified in Chapter 17.36 of this title.
D.
Structures and Features Permitted Within a Yard Setback. Only the following structures and features may be permitted within a required setback area, provided that a minimum width of two feet six inches is maintained clear of obstruction for pedestrian access, and that access for persons with disabilities (if required) is provided elsewhere on site:
1.
Walkways, driveways, and uncovered patios at grade;
2.
Railings or fences; however, in the required front yard, fences shall be limited in height to three and one-half feet;
4.
Chimneys and fireplace structures not wider than eight feet, as measured in the general direction of the wall, and architectural trim such as cornices may project not more than two feet into setback areas;
5.
Bay windows and garden windows, not wider than eight feet as measured in the general direction of the wall, may project no more than two feet into any required setback area;
6.
Building eaves, canopies, awnings or marquees, at a height of at least eight feet, may project into required interior side yard setback areas not more than two-thirds the dimension of the required setback, and may project into required front, rear and street side yard setback areas no more than one-third the dimension of the required setback. Said projections shall be supported entirely by the buildings to which they are attached;
7.
Balconies which do not provide primary or secondary access to the building may project into the required rear yard areas not more than four feet and shall be at a height of at least eight feet. Any projection into required side yards must conform to the Uniform Building Code;
8.
Fountains, ponds, sculpture, planters, and flagpoles for the display of national and state ensigns only may be permitted within required setback areas;
9.
Mechanical equipment in the side or rear yard setback and only when screened from view and meeting noise requirements;
10.
Outside stairways, uncovered and unenclosed above or below floor or steps may extend into the rear yard a distance of four feet;
11.
Arbors, consisting of a latticework frame or open trellis to support climbing vines, and used as a gateway to a yard or garden area, provided that the arbor structure does not exceed eight feet in height, four feet in width and two feet in depth, is located entirely on private property, and is securely installed or mounted so as to not pose a risk to passersby;
12.
Where commercial, industrial or professional buildings are permitted to abut a street property line, canopies, awnings or marquees may project no more than nine feet beyond the property line or three-fourths the distance between the property line and curb, whichever is less, at a minimum clearance of eight feet above the sidewalk. Said projections shall be supported entirely by the building to which they are attached, and shall be subject to review and approval by the Department of Public Works.
E.
Landscaping of Setback Area Required. All required setbacks abutting a public right-of-way shall be permanently maintained with landscaping.
(Prior codes 17.72.030, 17.72.040, 17.72.050, 17.76.010, 17.76.030; Ord. 568; Ord. 33-60; Ord. 14-65; Ord. 20-82; Ord. 12-95; Ord. 19-97)
§ 17.12.050 Height of Non-Habitable Freestanding Structures.
The height of freestanding structures, other than antennas as provided in Section 17.12.020 and sign structures as provided in Chapter 17.36, shall comply with building height requirements of the zone. Additional height may be considered by minor site plan review as specified in Section 17.10.060.
(Prior codes 17.72.010, 17.74.010; Ord. 20-82; Ord. 2-86; Ord. 1-91; Ord. 12-95)
§ 17.12.060 Location of Rock Crushers.
Any request to establish a temporary rock or material crushing operation, mixing or batch plant, in conjunction with temporary grading, demolition or construction activities, shall require approval of a conditional use permit by the Zoning Administrator. Such application for conditional use permit shall identify the location of the rock crusher, the proximity of the rock crusher to residential zones, haul routes for removal of crushed materials, hours of operation, duration of crushing and hauling activities, and measures proposed to mitigate potential impacts such as dust, noise, vibration and traffic.
(Ord. 13-98)
§ 17.12.070 Fences and Walls.
Fences and walls shall be permitted in all zoning districts subject to the following regulations:
A.
All Zoning Districts.
1.
Location.
a.
All perimeter fences and walls shall be constructed on the property line unless a different location is permitted by the Community Development Director, or unless otherwise specified by applicable design standards.
b.
No parallel fence or wall shall be constructed less than five feet from an existing fence or wall, unless approved by the Community Development Director.
3.
Materials are allowed per Table 17.12.070(A)(3).
Table 17.12.070(A)(3) | |||||
|---|---|---|---|---|---|
Material | R and MH Zones | OP and C Zones | M and SG Zones | MU Zones | PI, A1, RO, and SH Zones |
Wood, masonry, vinyl, composite | P1 | P1 | P1 | P1 | P1 |
Decorative metals | P1,2 | P1,2 | P1,2 | P1,2 | P1,2 |
Chain link | -3 | -3 | P1, 3 | -3 | P1 |
Coated vinyl mini-mesh chain link | P1 | P1 | P1 | - | P1 |
Barbed wire, concertina wire | -4 | - | P1,6 | - | P1,6 |
Electrified fences | P5 | - | P1,6 | - | P1,6 |
P = Permitted | |
- = Not permitted | |
NOTES: | |
(1) | If within a historically or architecturally significant district, additional material restrictions may apply. Refer to the corresponding design standards for the appropriate district. |
(2) | Sheet metal and corrugated steel are permitted with Community Development Director approval when integrated into the overall design and architecture of the project. |
(3) | Chain link fencing shall not be erected in any required yard setback facing a public or private street. Exception: Chain link fencing may be used for security purposes for public utility structures and for temporary fencing needs (construction sites, special events, vacant lots, etc.) and screening shall be required subject to the determination of the Community Development Director. |
(4) | Exception for public utility structures. |
(5) | Electrified fences are not allowed on any lots less than 20,000 square feet or as perimeter fencing. A lot 20,000 square feet or more may have electrified fences inside an enclosing perimeter fence. |
(6) | Materials not allowed as perimeter fencing may be allowed as interior fencing, subject to Community Development Director approval. |
4.
Greater Height of Fences and Walls in Side and Rear Yards.
a.
A greater height than the height limit established, up to a maximum of two additional feet, may be considered by the Zoning Administrator through an administrative adjustment. Refer to Section 17.10.050.
b.
A greater height than the height limit established may be considered by the Planning Commission through a variance. Refer to Section 17.10.040(C).
B.
Residential.
1.
Side and Rear Yards—Standard Lot. Fence and wall heights shall be measured from adjacent grade to the top of the fence or wall structure. Any items connected to the fence or wall, such as, but not limited to, decorative latticework, privacy toppers, and screens, shall be counted towards the overall height of the fence or wall, as referenced in Figure 17.12.070(B)(1). Fences and walls located in the side and rear yards of standard lots shall be limited in height as follows:
a.
Six feet, as measured from the highest elevation of land contiguous to the fence, and 10 feet as measured from the lowest elevation contiguous to the fence.
b.
For properties within 300 feet of freeways or railroads and build out Noise Contours, as defined by the Orange General Plan Noise Element – Noise Contours and subsequent noise modifications as defined by adopted noise studies, sound wall height may be up to eight feet as measured from the highest elevation of land contiguous to the wall and 10 feet as measured from the lowest elevation contiguous to the wall.
c.
For properties abutting a nonresidential zoning district the height may be up to eight feet as measured from the highest elevation of land contiguous to the fence or wall, and 10 feet as measured from the lowest elevation contiguous to the fence or wall.
Figure 17.12.070(B)(1)  |
2.
Front Yard—Standard Lot. In the required front yard area, the height shall be limited to three and one-half feet.
3.
Corner, Reverse Corner and Key Lots. For corner, reverse corner, and key lots, fence and wall heights shall be limited as indicated on Figure 17.12.070(B)(3).
Figure 17.12.070(B)(3)  |
4.
Tract Fencing. Fences and walls adjacent to public streets, surrounding residential tracts, shall be constructed by the developer and maintained in a safe structural condition by the homeowner's association, or by each individual home owner on whose property the fence or wall is located if no homeowner's association exists. Periodic repair or maintenance of any section of the fence or wall shall be done in a manner that matches the original design and appearance. The intent of this section is to ensure that the fence or wall maintains a consistent appearance around the entire perimeter of the tract, and is not intended to preclude repainting, replastering or such other maintenance as may be required, provided such treatment is applied to the entire contiguous fence or wall, including fence or wall area beyond the individual property.
C.
Mobile Home.
1.
Perimeter Screening. In order to provide a buffer between mobile home parks and abutting uses, an eight-foot high solid, masonry wall shall be installed and maintained along, but no closer than, 10 feet from the ultimate or future right-of-way from any public street and three feet from any mobile home. Where there is a difference in elevation on opposite sides of such screen, the height shall be measured from the highest grade level.
2.
For properties within 300 feet of freeways or railroads and build out noise contours, as defined by the Orange General Plan Noise Element – Noise Contours and subsequent noise modifications as defined by adopted noise studies, sound wall height may be up to 10 feet as measured from the highest elevation of land contiguous to the wall and 12 feet as measured from the lowest elevation contiguous to the wall.
D.
Commercial.
1.
Division Wall Required.
a.
A masonry division wall at least eight feet in height as measured from the highest elevation of land contiguous to the fence, and not greater than 10 feet in height as measured from the lowest elevation contiguous to the fence, shall be constructed on all property lines adjacent to any residential district, except in a street-facing, front, side, or rear yard setback where the wall shall be limited to 42 inches in height. Division wall height less than eight feet or taller than 10 feet as measured from the lowest elevation contiguous to the wall may be considered by the Community Development Director.
b.
Properties with an outdoor use component that is integral to the principal use of the subject site and located adjacent to any freeway or railroad may have fences and walls taller than the limits set forth herein. Refer to Section 17.12.070(A)(4).
2.
Other Fences and Walls. Fences and walls are permitted in any yard area subject to the following regulations:
a.
Front Yard. In the required front yard area, the height shall be limited to 42 inches.
b.
Side Yard. In required street side yard areas, the height shall be limited to 42 inches.
c.
All Other Areas. In all other areas, the height shall be limited to six feet as measured from the highest elevation of land contiguous to the fence or wall, and 10 feet as measured from the lowest elevation contiguous to the fence or wall.
3.
Location. All perimeter fences and walls shall be constructed on the property line unless a different location is permitted by the Community Development Director, or unless otherwise specified by applicable design standards. No parallel fence or wall shall be constructed less than five feet from an existing fence or wall, unless approved by the Community Development Director.
E.
Industrial.
1.
Division Wall Required.
a.
A masonry division wall at least eight feet in height as measured from the highest elevation of land contiguous to the fence, and not greater than 10 feet in height as measured from the lowest elevation contiguous to the fence, shall be constructed on all property lines adjacent to any residential district, except in a street-facing, front, side, or rear yard setback where the wall shall be limited to 42 inches in height. Division wall height taller than 10 feet as measured from the lowest elevation contiguous to the wall may be considered by the Community Development Director.
b.
In industrial properties where a stationary noise source produces exterior noise greater than 65 dBA, the division wall shall be at least eight feet as measured from the highest elevation of land contiguous to the fence, and 12 feet as measured from the lowest elevation contiguous to the fence.
2.
Other Fences and Walls. Fences and walls are permitted in any yard area subject to the following height regulations:
b.
All Other Areas. In all other areas, fences and walls may exceed eight feet in height provided that a site assessment is submitted for review by the Community Development Director. The assessment must address the following as a minimum:
i.
A discussion evaluating the operational capacity of the existing land use and its impacts on the immediate vicinity.
ii.
An analysis demonstrating that the additional height does not negatively impact the surrounding property or public streets.
iii.
Scaled and dimensioned plans providing an adequate basis of evaluation.
iv.
A concluding statement containing evidence that the proposed fence or wall will benefit the community and will not adversely impact any residential areas or any public streets.
The Community Development Director shall approve such fences and walls if it is found that the applicant's site assessment contains the requisite evidence and analysis.
3.
Location. All perimeter fences and walls shall be constructed on the property line unless a different location is permitted by the Community Development Director, or unless otherwise specified by applicable design standards. No parallel fence or wall shall be constructed less than five feet from an existing fence or wall, unless approved by the Community Development Director.
F.
Mixed Use.
1.
Division Wall Required.
a.
A masonry division wall up to eight feet in height as measured from the highest elevation of land contiguous to the fence shall be constructed on all property lines adjacent to any single-family residential district, except in a street-facing, front, side, or rear yard setback where the wall shall be limited to 42 inches in height. In the OTMU-15S zone, a wood fence may also provide separation between properties.
b.
Pedestrian access points are encouraged and may be allowed subject to approval of the Community Development Director.
2.
Other Fences and Walls. Fences and walls are permitted in any yard area subject to the following:
a.
Front Yard. In the front yard area, the height shall be limited to 42 inches.
b.
Street Side Yard. In street side yard areas, the height shall be limited to 42 inches.
c.
All Other Areas. In all other areas, the height shall be limited to six feet, as measured from the side of the fence or wall with the highest grade.
d.
For properties within 300 feet of freeways, railroads and build out noise contours, as defined by the Orange General Plan Noise Element – Noise Contours and subsequent noise modifications as defined by adopted noise studies, sound wall height may be up to eight feet as measured from the highest elevation of land contiguous to the wall and 10 feet as measured from the lowest elevation contiguous to the wall, except in a street-facing, front, side, or rear yard setback, where the wall shall be limited to 42 inches in height.
3.
Location. All perimeter fences and walls shall be constructed on the property line unless a different location is permitted by the Community Development Director, or unless otherwise specified by applicable design standards. No parallel fence or wall shall be constructed less than five feet from an existing fence or wall, unless approved by the Community Development Director.
G.
Public Institutions.
1.
Division Wall Required. A masonry division wall shall be constructed on all property lines adjacent to any residential district, except in a street-facing, front, side, or rear yard setback where the wall shall be limited to 42 inches in height.
a.
A masonry division wall at least eight feet in height as measured from the highest elevation of land contiguous to the fence shall be constructed on all property lines adjacent to any residential district, except in a street-facing, front, side, or rear yard setback where the wall shall be limited to 42 inches in height.
b.
In properties where a stationary noise source produces exterior noise greater than 65 dBA, the division wall shall be at least eight feet as measured from the highest elevation of land contiguous to the fence, and 12 feet as measured from the lowest elevation contiguous to the fence.
2.
Other Fences and Walls. Fences and walls are permitted in any yard area subject to the following height regulations:
3.
Location. All perimeter fences and walls shall be constructed on the property line unless a different location is permitted by the Community Development Director, or unless otherwise specified by applicable design standards. No parallel fence or wall shall be constructed less than five feet from an existing fence or wall, unless approved by the Community Development Director.
H.
Agriculture, Open Space, and Slope and Hazard. Fences and walls shall be permitted in accordance to commercial regulations contained in Section 17.12.070(C).
I.
Sand and Gravel.
1.
Perimeter Screening. In order to provide a buffer between sand and gravel operations and abutting uses, an eight-foot high solid, masonry wall shall be installed and maintained along, but no closer than, 10 feet from the ultimate or future right-of-way from any public street. Where there is a difference in elevation on opposite sides of such screen, the height shall be measured from the highest grade level.
2.
A required screen shall be installed prior to commencement of operations.
3.
Fences and walls not conforming to Section 17.12.070(I) are subject to review and approval by the Community Development Director.
(Ord. 19-21, 2022; Ord. 09-22, 2022)