Orange, CA Zoning Ordinance

The number of dwelling units contained upon the property, and the square footage and number of rooms contained in each unit;

The type of common areas, facilities and amenities;

The general layout and location of all units, common areas, common amenities, outdoor storage areas, laundry facilities, and parking areas; and,

The areas that do not comply with zoning ordinance requirements at the time of application.

Tenant Information. The applicant shall provide the following tenant information. This requirement may be modified, when it is demonstrated that this information is not available.

The names and addresses of all tenants at the time of the application's submittal on three sets of gummed labels for the purpose of notifying such tenants of relevant public hearings;

The makeup of the existing tenant households, including family size, length of residence, age of tenants;

The current rents for each unit including the date and amount of the last two rent increases; also include whether tenants receive federal or state rental subsidies; and

The proposed sales price of all units, discounts or bonuses for existing tenants, finance terms including down payments and monthly payments, monthly maintenance or homeowner's association fees and any other relevant terms of sale.

Tenant Provisions. By requesting a conversion of rental units to condominiums, the applicant shall agree to adhere to the requirements, and to provide the benefits specified below:

Tenant Relocation Plan. The applicant shall submit a relocation plan to assist the existing tenants in finding suitable replacement rental housing. The relocation plan shall include:

(a)

A compensation proposal for displaced tenants. The applicant shall pay displaced resident household joint tenants a relocation assistance payment based on the length of tenancy of whichever tenant has been a resident longer. Payment shall be consistent with the following:

0—3 months tenancy	No compensation
3—6 months tenancy	One-half month's current rent
6—9 months tenancy	One month's current rent
9—12 months tenancy	One and one-half month's current rent
12 months or more tenancy	Two month's current rent

(b)

"Special protection" for the groups defined below. "Special protection" includes assistance in helping the tenant find comparable rental housing, and either increased relocation assistance payments of 50% above that given to tenants of comparable rental units and tenancy not entitled to "special protection," or the addition of one year of tenancy in order to seek an available housing unit.

(1)

The elderly, defined as a person 62 years of age or older;

(2)

The disabled, as defined in United States Code, Title 42, Section 423;

(3)

Handicapped person, as defined in the California Health and Safety Code Section 50072; and

(4)

Low-income individual or family, defined as those households earning 80% or less of the median income of Orange County as periodically updated by the Department of Housing and Urban Development.

No Increase in Rents. A tenant's rent shall not be increased for two years from the time of the filing of the tentative map until relocation takes place or until the subdivision is denied.

Notice to New Tenants. After submittal of the tentative map, the applicant shall notify any prospective tenants in writing of the intent to convert prior to leasing or renting any unit.

Extension of Tenancy. The applicant shall offer a 60 day extension of tenancy after the expiration of a lease or rental agreement that would expire prior to, or at the time of, commencement of sales or the issuance of the final public report by the Real Estate Commissioner.

Termination of Leases and Rental Agreements. The applicant shall permit a tenant to terminate any lease or rental agreement without any penalty whatsoever after notice has been given of the intention to convert if such tenant notifies the applicant in writing 30 days in advance of such termination.

Students. The applicant shall allow a time extension in order to permit a tenant, who is a student, to complete a school semester or quarter.

Application Review Procedure. An application for the conversion of existing multiple-family housing to condominiums via a tentative subdivision map shall be reviewed and recommended upon by the Planning Commission, with final review and determination to be made in a public hearing by the City Council. The final subdivision map shall be reviewed and approved by the City Council prior to recordation. The City will notify all tenants 10 days prior to the date of all relevant public hearings relating to the condominium conversion application.

Condition of Final Subdivision Map Approval. The applicant shall agree to provide the following documentation to the City as a condition of approval for the final map. This documentation is also to be included in the final report to the Department of Real Estate.

Physical Elements Reports. The City of Orange Building Official shall review all reports on the project's physical elements and may require revision and resubmittal if he or she finds substantial evidence that any statement therein is unreliable. The Building Official may require improvements based upon such reports if he or she determines the building to present a threat to public health, safety or welfare. The physical elements reports shall include:

A property report describing the condition and useful life of the roof, foundations, mechanical, electrical, plumbing and structural elements of all existing buildings and structures. The report shall be prepared by a registered civil or structural engineer, or a licensed general building contractor or general engineering contractor.

A structural pest report prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code, relating to written reports on the absence or presence of wood-destroying pests or organisms.

A geotechnical subsurface investigation report indicating any known soil and geological conditions regarding soil deposits, rock formations, faults, groundwater and landslides in the vicinity of the project and a statement regarding any known evidence of soil problems relating to the structures. Reference shall be made to any previous soils reports for the site, of which a copy shall be submitted with said report. The report shall be prepared by a licensed civil engineer with expertise in soils engineering.

A report detailing the method of complying with the physical standards listed below:

(a)

Building Standards. The project shall conform to the Uniform Housing Code as determined through an inspection by a City of Orange Building Inspector.

(b)

Fire Prevention. Each living unit shall be equipped with an approved smoke detector, mounted to give access to rooms used for sleeping quarters. All fire protection equipment shall be retained in an operable condition at all times. All fire protection equipment, including the water delivery system, shall be upgraded as determined by the City of Orange Fire Department.

(c)

Utility Metering. Each dwelling unit shall be separately metered for gas and electricity. A plan for equitable sharing of communal water metering shall be developed prior to final map approval and included in the covenants, conditions, and restrictions. In such cases where the applicant can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the Building Division.

(d)

Noise Standards. All permanent mechanical equipment, including domestic appliances, which is determined by the Building Official to be a source of potential vibration or noise, shall be shock mounted, isolated from the floor and ceiling, or otherwise insulated in a manner approved by the Building Official to lessen the transmission of vibration and noise.

(e)

Building Security. All projects shall be upgraded to meet the requirements of the Building Security Ordinance as outlined in Chapter 15.52, and other security requirements that relate to the concepts of crime prevention through environmental design.

Covenants, Conditions and Restrictions (C, C & Rs). The applicant shall prepare a declaration of restrictions which may provide, among other things, those powers, duties, rights and obligations set forth in Civil Code Section 1355, and such declaration shall meet the reasonable requirements of the City Attorney that may include provisions:

That the association is responsible for maintenance and landscaping of all common areas and that such maintenance shall be performed to the standard of maintenance that is prevalent in the neighborhood.

That restrict the use of a residential unit to single family residential use.

That provide for City enforcement of City and other public traffic and parking laws and ordinances on private streets, under Sections 21107.5 or 21107.7 of the California Vehicle Code, if the City, in its discretion, determines that such enforcement is required (in addition to other remedies that may be available to unit owners and the home owner's association).

That insure that criminal remedies against invasions of privacy such as those provided by Section 647(g) and (h) of the Penal Code that are available to non-condominium owners shall also be available to condominium owners.

That each unit owner shall have full access to commonly owned areas, facilities and utilities.

That the homeowner's association shall have the right of entry upon any privately owned unit, where necessary, in connection with construction, maintenance or repair for the benefit of the common area or the owners in common.

vii.

That each privately owned unit shall give to an adjacent unit easement rights to enter its unit, given adequate notification, in order to effect necessary repairs to the property of such adjacent units.

viii.

That the commonly owned recreational area is non-buildable except for recreational purposes and such limitation shall also be set forth on the airspace map.

ix.

That enable the homeowner's association or the Board of Directors to levy reasonable fines for violations of the covenants, conditions and restrictions or rules issued thereunder and where fines remain unpaid, have the power to treat such unpaid fines as unpaid assessments.

That the terms of the declaration of restrictions shall insure to the benefit of the City of Orange.

xi.

That the organizational documents shall allow the association to terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties, three months after the association assumes control of the condominium conversion project or any time thereafter.

xii.

That create a special fund of money in an amount to be determined by the Department of Public Works and conveyed in perpetuity by the applicant to the City to effect emergency repairs or maintenance to privately owned sewer systems, other plumbing systems, or utilities.

Findings. In determining to approve or conditionally approve a condominium conversion application, the following findings must be made by the reviewing body to justify the approval.

The project has met the provisions and is consistent with the expressed purpose and intent of this chapter.

The project is consistent with the City of Orange General Plan.

The project will not cause a deterioration to surrounding land uses or create special problems in the community.

The off-street parking for residents and visitors as well as the vehicle circulation is adequate.

There is an adequate supply of available rental housing in the area and in similar rental range; both determined by the City Council as being adequate to provide rental housing for the income group displaced, while also considering other factors such as rental vacancy rates, raw rental construction, population growth and reductions in the rental stock.

The proposed project does not severely diminish the rental housing stock.

The tenant relocation plan submitted by the applicant is adequate.

There will be an effective homeowner's association established.

The rehabilitation or structural repairs help to upgrade the City's housing stock.

Any public improvements, poured driveways, parking areas or landscaping are upgraded or repaired as needed.

Condominiums. A minimum of five units is required for the development of a condominium project. The development project must be accompanied by a tentative tract map as provided in Title 16 of this code. For the conversion of existing multiple-family rental housing units to condominiums, stock cooperatives or community projects refer to the requirements for condominium conversions within this section of this title.

Construction Materials Storage Yard. All such uses shall comply with the outdoor use regulations outlined in Section 17.20.070.

AA.

Conversion of a Residential Structure to a Nonresidential Use. Such use requires minor site plan approval by the Community Development Director as described in Section 17.10.060.

BB.

Cottage Food Operation.

A cottage food operation is allowed subject to the provisions of the California Government Code and California Health and Safety Code pertaining to cottage food operations.

A cottage food operator may have no more than one full-time equivalent employee, not including a family member or household member working where the cottage foods are prepared or packaged for direct, indirect, or direct and indirect sale to consumers as defined in Section 113758 of the California Health and Safety Code.

CC.

Creation of a Lot Without Frontage on a Public Street. Such development requires minor site plan review approval by the Community Development Director as described in Section 17.10.060.

DD.

Day Care, Child or Elderly. Day care facilities provide nonmedical care, including personal services, supervision or assistance with daily living activities, and/or protection of the individual, on less than a 24 hour per day basis. Such facilities shall be licensed by the State Department of Social Services, and shall comply with all applicable licensing requirements, including provision of both indoor and outdoor recreation areas.

EE.

Duplex and Multiple-Family Dwellings—2010 General Plan. Notwithstanding this code's definition of legal nonconforming use, duplex and multiple-family dwellings located within the 2010 General Plan Land Use Focus Areas that experienced a change in zoning to single-family residential (R-1) are recognized as permitted uses provided that they were legally established at the time of the change to such zoning. Additions, reconstruction or alterations to the affected properties may occur provided that no new dwelling units are added and the development is otherwise undertaken in accordance with all applicable code standards. Duplexes shall apply the development standards of the R2-6 zoning district. Multifamily properties (three or more units) shall apply the development standards of the R-3 zoning district. Maps depicting the affected properties shall be a public record and remain on file with the Community Development Department.

FF.

Fortunetelling. All fortunetelling businesses shall be conducted in compliance with Chapter 5.55 of this code.

GG.

Garage or Yard Sales.

A sales event shall take place at one address no more than once every four months. However, the Community Development Director may authorize one additional sales events at one address within a four-month period. Any person aggrieved by the action of the Community Development Director either authorizing or denying an additional sales event shall have the right to appeal the matter to the City Council for final determination.

A sales event may continue for up to a maximum of four consecutive days. When a sales event has begun and is actually interrupted by inclement weather, the sales event period may be extended by an additional sales day for each day of actual interruption until there is a total of not more than four sales days.

A sales event shall take place between the hours of 8:00 a.m. and 8:00 p.m.

Items to be sold at a sales event shall be "used" items which were part of a reasonable household use. No merchandise or new goods shall be brought in from another location for the purpose of being displayed or sold at a sales event. The term "a reasonable household use" shall be construed broadly in favor of the sale of the item.

No sign advertising the sales event may be placed or maintained upon any portion of a public right-of-way, including street signs, street trees or utility poles.

No item for sale or advertising sign shall obstruct any street, sidewalk, parkway, or driveway.

Any violation of this subsection shall be considered an infraction.

HH.

General and Professional Offices. Privately owned and/or operated general and professional office uses may be allowed if they have a functional relationship with a church, college, or hospital such as medical insurance, home care services, counseling, or other office uses deemed similar by the Community Development Director. Such uses shall also be physically adjacent to the institutional use.

II.

Health Facility or Home for Elderly, or Mentally or Physically Disabled (Six or Fewer Persons). All such uses are permitted provided the use complies with applicable provisions contained in the California Health and Safety Code.

JJ.

Homeless Shelter. Facilities meeting the definition of a homeless shelter pursuant to Section 17.04.027 are permitted uses, subject to the requirements listed below and the development standards of the underlying zoning district.

Homeless shelters shall be located at least 500 feet from any residential use or residentially-zoned property, public or private park, or public or private kindergarten through 12th grade curriculum school, as measured from the closest property line. In addition, homeless shelters shall be located at least 275 feet from any other homeless shelter, as measured from the closest property line. Homeless shelters shall be located within one-half mile of a transit stop.

Overnight occupancy shall be limited as follows:

For shelters serving individuals without children, one bed per minimum of 70 square feet of sleeping area and shall be provided in accordance with Building Code requirements.

For shelters serving individuals with children under the age of 18, one bed per minimum of 70 square feet of sleeping area shall be provided for the first adult, with one bed per minimum of 50 square feet per adult or child living together as a family in accordance with Building Code requirements. Children under the age of 24 months shall be exempt from the required floor area.

Maximum occupancy per facility shall be limited to 150 beds or fewer. For purposes of determining maximum occupancy, one shelter client per bed is assumed.

Pets may be allowed at the discretion of the shelter operator provided that they are contained in a crate.

Services and facilities shall be provided for homeless shelters as follows:

A client intake and waiting area shall be provided and shall be adequately sized to accommodate waiting clients. The intake area may be indoors or outdoors. If outdoors, the location shall not be adjacent to the public right-of-way, shall be visually screened, and shall provide protection from the sun/rain.

The facility shall provide a sleeping area, and separate restrooms and showers for males and females. A minimum of one restroom and one shower for every 20 clients shall be provided, and shall comply with Building Code requirements.

Other on-site services that are permitted include:

Laundry facilities.

Kitchen, food preparation, and dining areas.

Storage areas to secure client belongings.

A private area for providing referral services to assist shelter clients in entering programs aimed at obtaining permanent shelter and income. Referral services refers to the initial assessment of a homeless client to identify the areas in which assistance is needed, and connecting clients with appropriate off-site programs and services depending on their need.

Other similar services for homeless clients, as determined by the Community Development Director.

Other services may be permitted, conditionally permitted or not permitted based on Table 17.13.030. For uses that are not listed in Table 17.13.030, the Community Development Director has the authority to make the determination per Section 17.13.040. All services shall be provided within the shelter building.

Prior to occupancy, a written operational plan for the facility shall be submitted to the Community Development Director for approval. If site plan review and/or design review applies, then the operational plan should be submitted and reviewed concurrently with those applications. The operational plan shall contain the name, address, phone number and driver's license number of the owner, operator, and facility manager; and specific procedures for complying with the following requirements:

Length of Stay/Hours of Operation.

Clients without children shall be limited to use of the facility between the hours of 5:00 p.m. and 9:00 a.m. Clients must vacate the facility each morning. An exception shall be made for episodes of illness verified by shelter staff. Clients shall not use the facility for more than 90 nights within a 120 consecutive day period. A curfew of 10:00 p.m. or earlier shall be established and strictly enforced, and clients shall not be admitted after curfew.

Clients with children shall be limited to use of the facility between the hours of 2:00 p.m. and 9:00 a.m. Clients must vacate the facility each morning. An exception shall be made for public school holidays and seasonal breaks and episodes of illness verified by shelter staff. Clients shall not use the facility for more than a consecutive 120 day period. A curfew of 10:00 p.m. or earlier shall be established and strictly enforced, and clients shall not be admitted after curfew.

During episodes of extreme weather including periods of excessive heat, cold, or rain facility operators may allow clients to use the facility outside of standard operating hours provided that the facility maintains its standard staffing.

Staff and Training. The plan shall describe the staffing plan and required staff training programs. A minimum of two staff persons shall be on duty when the facility is open, with additional staffing as needed to ensure a secure facility and reasonable operations. One staff member for every 25 beds is recommended. Facility staff shall be trained in operating procedures, safety plans, and assisting clients with referral services. The facility shall not employ staff who have been convicted of a felony or who are required to register as a sex registrant under Penal Code Section 290. The plan shall describe procedures for ensuring shelter staff meet these requirements.

Safety and Security. The plan shall describe facility rules and procedures for maintaining a safe environment within and outside of the shelter, including the following:

The facility shall establish and enforce a strict code of conduct. Facility rules shall prohibit weapons and the use, sale or distribution of alcohol or illegal drugs.

Procedures shall be established for designating and securing separate areas within the facility for male, female, and family shelter clients.

Procedures shall be established for client intake. The facility shall screen incoming clients for compatibility with the facility type and shall maintain a client roster or other system of identifying and tracking incoming clients. During intake, basic client information shall be collected including name, last physical address, driver's license or other identification number (if available), and whether or not the person has been convicted of a felony or is required to register as a sex registrant under Penal Code Section 290. The roster shall be provided to the Orange Police Department on a quarterly basis. No more than one person who is required to register as a sex registrant under Penal Code Section 290 shall be allowed to stay at the facility at any one time.

Procedures shall be established for responding to emergencies and incidents including expelling clients from the facility. Re-admittance policies for clients who have previously been expelled from the facility shall also be established.

Procedures shall be established for securing client belongings.

Of the staff required to be onsite, at least one staff person dedicated solely to shelter security shall be on duty when the facility is in use. Depending on facility size and operations, additional security personnel may be required.

Facilities shall be maintained in good working order. Indoor and outdoor use areas shall be clean and orderly. Litter shall be removed in and around the facility in a timely manner.

A "good neighbor policy" shall be established whereby clients are instructed to be considerate of neighbors and refrain from behavior that is disruptive to the surrounding community. The operational plan shall include a written protocol for ongoing communications with the City and the surrounding neighborhood, and for responding to neighborhood complaints.

The shelter shall give priority for shelter accommodations and services to individuals with connections to the Orange community.

Approval of the operational plan will be considered by the Community Development Director in consultation with the Orange Police Chief. The approval is ministerial and shall be denied if the facility does not meet the standards in this section. If already issued, the approval shall be revoked if the facility is found to be out of compliance with the standards in this section or its approved operational plan. Appeals of the Community Development Director's decision may be requested, in accordance with Section 17.08.050.

Exterior security lighting shall be provided. Building lighting shall comply with the City's Building Security Ordinance No. 7-79, Section 15.52.090(J)(2). Parking lots shall be lit in compliance with Section 15.52.090(J)(3).

Required Off-street Parking and Bike Racks. Parking spaces shall be striped and bike racks shall be provided as specified in Chapter 17.34.

For shelters serving individual adults, one parking space per six beds, plus one space per staff person.

For shelters serving families with children, one parking space per 12 beds, plus one space per staff person.

The facility shall comply with all other laws, rules and regulations that apply, including building and fire codes and shall be subject to City inspections prior to operational plan approval. In addition, the City may inspect the facility at any time for compliance with the facility's operational plan and other applicable laws and standards.

Minor Site Plan Review Required. Minor site plan review is required if the project meets the criteria established in Section 17.10.060(D) or (E). The Community Development Director's discretion in requiring conditions of approval and approving homeless shelters under minor site plan review is limited to ensuring that the site plan complies with applicable site design-related standards.

Design Review Required. Design review is required if the project meets the criteria established in Section 17.10.070. DRC's discretion in requiring conditions of approval and approving homeless shelters is limited to ensuring compliance with applicable design-related standards and guidelines.

KK.

Home Occupations. A home occupation is one carried on in a dwelling as a secondary use, where there are no displays or signs at or upon the premises, no other commodity or services are sold upon the premises and no storage of materials and/or supplies upon those premises except within the dwelling or an enclosed garage. Where storage will take place within an enclosed garage, such storage shall be conducted in such a manner so as not to interfere with the parking of vehicles therein. Any materials and/or supplies which are stored upon the premises shall not occupy a space in excess of 500 cubic feet. Such an occupation shall not:

Create light, noise, odor, dust, vibration, fumes or smoke readily discernible at the exterior boundaries of the parcel.

Involve the use of mechanical equipment or storage of material and/or supplies on trucks in amounts not recognized as part of reasonable household use.

Involve the use of services at the premises of no more than one client of the dwelling at any given time. Home occupation clients and deliveries made by bona fide delivery firms shall be permitted, as long as such visitors and deliveries are in amounts or performed in a manner recognized as part of a reasonable household use.

Have the premises or adjacent public right-of-way serve as an assembly point for non-occupants, including serving as a location from which such non-occupants are dispatched to off-site locations.

Significantly increase the off-street parking load.

Involve the storage or use of flammable substances as defined by the Uniform Fire Code, Section 15.101 et seq., or hazardous chemicals as defined by the Uniform Fire Code, Section 19.101 et seq.

Involve the sale of firearms or ammunition except to those set forth in California Penal Code Section 12078. Records shall be kept for a minimum of one year on the sales of firearms. Information on these records shall include:

Date of purchase;

Name, address, phone number, driver's license number and date of birth of the person buying any firearms;

Brand name, model number and serial number of firearm purchased.

Involve the sale, preparation, or storage of food or food products except as a cottage food operation per Section 17.13.040(BB).

Involve the display of vehicles that are for sale.

Involve the sale of alcoholic beverages except as permitted by the California Department of Alcoholic Beverage Control related to a Limited Off-Sale Retail Wine Type 85 license, as provided in Section 17.30.080.

LL.

Housing Related to Church, College or Hospital. Such housing may be provided for students, faculty, nurses, doctors, similar persons, or persons benefitting from the institution adjacent to the housing.

MM.

Instructional Use. Parking needs of the instructional use shall be subject to the provisions of Table 17.34.060(A), as well as a determination of the Community Development Director such that the instructional use shall be no more parking intensive than the parking rate required for the prior permitted use of the same tenant space, or the use intended for the space at the time of original building permit issuance. Should the use exceed the parking rate, a conditional use permit, in accordance with Section 17.10.030(E)(1)(e), shall be required.

NN.

Large-Family Day Care Homes. Large-family day care homes are subject to the following:

The business shall be operated in a single-family residence on property residentially zoned.

No other licensed large-family day care home shall be located within 600 feet of the exterior property boundaries of the proposed home.

The City noise ordinance in Chapter 8.24 shall be complied with at all times, and hours of outdoor play activities shall only be permitted between the hours of 8:00 a.m. to 8:00 p.m.

Two enclosed parking spaces shall be maintained for parking purposes only.

The facility shall be licensed by the State Department of Social Services.

The facility shall comply with State Fire Marshal standards for large-family day care facilities.

No signs advertising the business shall be allowed.

Compliance with all development standards for single-family residential structures is required.

A site plan identifying pedestrian access to and from loading area shall be submitted.

OO.

Manufacturing, Processing, Warehousing, Assembling of Materials, and Products in Conjunction with the On-site Retail Sales.

The manufacturing, processing, or assembling of materials shall be allowed only as an accessory use to an allowed retail sales use located on the same site.

The use shall be subject to review and approval by the Community Development Director.

All activities associated with the use shall be conducted within a completely enclosed building.

The use shall not generate any negative impacts from dust, glare, noise, odor, vibration, or any other nuisance impact outside the building.

PP.

Massage Establishments. All massage establishments shall be conducted in compliance with Chapter 5.56 of this code. When permitted as an accessory use, massage services shall be integrated within and clearly incidental to the primary use and income derived from massage services shall not exceed 25% of the business gross income.

QQ.

Medical Offices. Privately owned and/or operated medical office uses may be allowed if they have a functional relationship with, and are physically adjacent to, a hospital.

RR.

Moving an Existing Structure or Building. Such development requires minor site plan review approval by the Community Development Director as described in Section 17.10.060.

SS.

Multiple-Family Dwelling. Apartments and other multiple-family developments are permitted in the R2 zone provided that project density does not exceed the residential development standard indicated on Table 17.14.070.

TT.

Outdoor Storage. All such uses shall comply with the outdoor use regulations outlined in Section 17.20.070.

UU.

Real Estate Office, Temporary.

A temporary real estate office shall be used only for the sale of real estate in the same or adjacent development or subdivision in which the office is located.

The office may consist of a trailer, a housing unit, or a garage of a housing unit.

If a garage is used for a real estate office and other than standard garage doors are provided at the garage entrance, a $5,000.00 cash bond shall be posted to ensure the garage is later converted for parking purposes and a driveway leading to the garage is installed.

A temporary real estate office may be used for a period of time not to exceed one year. Time extensions may be granted by the Community Development Director upon written request, but in no case shall said office remain after all units in the development are sold.

VV.

Restaurants or other Businesses with Drive-Through Service in the Commercial Recreation (CR) Zone. Such uses are permitted in the CR zone when part of an integrated commercial development site, and shall be subject to the drive-through development guidelines listed in Section 17.13.050.

WW.

Retail Uses. Accessory retail uses may be provided in a building in conjunction with any permitted use, subject to the review and approval of the Planning Commission. Such retail uses may include, but are not limited to, book and stationary stores, barber and beauty shops, concession stands, drug stores, florists, gift shops, offices for civil and non-profit organizations, and restaurants and coffee shops.

XX.

Retail Uses in the Commercial Recreation (CR) Zone. General and specialty retail uses are permitted in the CR zone when part of an integrated commercial development site, or as a single tenant of a commercial development site containing at least two acres. Existing industrial developments cannot be occupied by such uses unless compliance with parking, building code and other development standards are demonstrated.

YY.

Sale of Agricultural Goods Grown On-Site. The sale of agricultural goods grown on-site is permitted subject to the approval of an administrative adjustment by the Zoning Administrator, as outlined in Section 17.10.050.

ZZ.

Sexually Oriented/Adult Businesses. All sexually oriented/adult businesses are subject to the regulations contained in Chapter 5.86 of this code.

AAA.

Single-Family Dwelling. Single-family dwellings located in the OTMU-15S, OTMU-15, or OTMU-24 zones shall be subject to R-1-6 development standards as presented in Chapter 17.14, with the exception of floor area ratio, which shall be subject to the provisions of Chapter 17.19.

BBB.

Sober Living Facility.

A sober living facility which would otherwise be considered an unpermitted use as a boarding or lodging house in a R1 or R2 zone, may locate in any residential zone with a sober living permit and a business license provided:

An application for a sober living facility is submitted to the Community Development Director by the owner/operator of the sober living facility. The application shall provide the following:

The name, address, phone number and driver's license number of the owner/operator;

The name, address, phone number and driver's license number of the house manager;

A copy of the sober living facility rules and regulations;

Written intake procedures;

The relapse policy;

An affirmation by the owner/operator that the sober living facility will serve only tenants who are disabled as defined by state and federal law and documentation of the evaluation process which determines that tenants of the sober living facility are disabled; and

vii.

A fee for the cost of processing of the application as set by resolution of the City Council.

There are no more than six tenants, not counting a house manager, but in no event more than seven tenants residing in the sober living facility.

There shall be no more than three tenants per bedroom.

Tenant rental agreements shall be no less than 30 days, otherwise the operator shall be responsible for collecting and remitting a transient occupancy tax in accordance with Chapter 5.16 of this code.

It is not located in an accessory dwelling unit unless the primary dwelling unit is used for the same purpose and if so, the residents in both the primary and secondary units shall be combined in determining whether the maximum number of six allowed by this section has been exceeded.

It has a house manager who resides at the sober living facility or any multiple of persons acting as a house manager who are present and who are responsible for the day-to-day operation.

It is not, at the time the sober living permit is issued, located within 300 feet, as measured from the closest property lines, of any other dwelling unit housing a group home or sober living facility.

All tenants, other than the house manager, must be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous, Narcotics Anonymous, or 12-Step Recovery. Current records of meeting attendance must be maintained. Refusal to actively participate in such a program shall be cause for eviction.

Its rules and regulations must prohibit the use, sale or distribution of any alcohol or any nonprescription controlled substances by any tenant either on or off site. These rules and regulations shall be posted in a common area inside the dwelling unit. Any violation of this rule must be cause for eviction and the violator cannot be re-admitted for at least 90 days. Any second violation of this rule shall result in permanent eviction. Tenants that have a second violation shall not be permitted to reside in a sober living facility in the City for a period of 12 months.

No combination of tenants who are parolees, probationers or subject to the Uniform Controlled Substances registration requirements of Health and Safety Code Section 11590 shall exceed two. Notwithstanding the preceding, in no event shall any tenant violate any terms or conditions of probation or parole which prohibit the tenant residing with another parolee or probationer.

No persons who are required to register as sex registrants under Penal Code Section 290 shall reside in the sober living facility.

It shall have a written visitation policy precluding visitors who are under the influence of any drug or alcohol, are probationers, or parolees. No visitors shall be permitted to spend the night or stay past 10:00 p.m. and a house manager must be present during visitations.

It shall have regular drug testing or some equivalent alternative, to ensure that tenants are not currently using drugs or alcohol.

It shall have a good neighbor policy that directs tenants to be considerate of neighbors, including refraining from engaging in excessively loud or obnoxious behavior that would interfere with the neighbors' enjoyment of their properties. The good neighbor policy shall establish a written protocol for the house manager to follow when a neighbor complaint is received.

All garage and driveway spaces shall, at all times, be available and used for the parking of vehicles. There must be at least one off-street parking spot for every three tenants. Tenants may each only store or park a single vehicle at the dwelling unit or on any residential street within 1,000 feet of the dwelling unit.

It shall not provide any treatment that would require a state license.

The operator shall be responsible for updating any information required by this subsection as soon as practical.

It shall comply with all other laws, rules and regulations which may apply to its operation, including any building and fire codes and shall be subject to inspection by a building inspector and fire inspector prior to the issuance of any sober living permit.

The sober living permit shall be issued by the Community Development Director as a ministerial matter if the applicant is in compliance and has agreed to comply with the requirements of this section. If the application is for an R3 or R4 zone, a conditional use permit shall also be required in the same manner as for other boarding or lodging house uses. It shall be denied by the Community Development Director and if already issued shall be revoked upon a hearing by the Community Development Director under any of the following circumstances:

Any owner/operator or house manager has provided any material false or misleading information on the application or omitted any pertinent information on the application;

Any owner/operator or house manager has an employment history in which he or she was terminated during the past two years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; or selling or furnishing illegal drugs or alcohol.

Any owner/operator or house manager has been or is convicted of or plead nolo contendere to any of the following offenses:

Sex offense for which the person is required to register as a sex offender under California Penal Code Section 290 (last seven years);

Arson offenses—violations of Penal Code Sections 451—455 (last seven years);

Violent felonies, as defined in Penal Code Section 667.5, which involve doing bodily harm to another person (last 10 years); or

The sale or furnishing of any controlled substances (last five years).

Any owner/operator or house manager is on parole or formal probation supervision within one year of the date of the submittal of the application or at any time thereafter.

Any owner/operator or house manager is a recovering drug or alcohol addict and upon the date of application or employment has had less than one full year of sobriety.

The owner/operator or house manager fails to immediately evict any tenant that uses alcohol or abuses any drugs, prescription or non-prescription, or is not actively participating in a legitimate addiction recovery program.

The owner/operator accepts tenants, other than a house manager, who are not disabled/handicapped as defined by the FHA and FEHA.

The sober living facility, as measured by the closest property lines, is located within 300 feet of any group home or sober living facility. If a group home moves within 300 feet of an existing sober living facility this shall not cause the revocation of sober living facility's permit or be grounds for denying a transfer of such permit. Sober living facilities in existence as of the effective date of this section and in compliance with this code as it existed prior to the effective date shall not be subject to the 300 foot distance requirement.

The sober living facility fails to promptly update information required by this section which has become obsolete or inaccurate.

The sober living facility unlawfully discriminates against tenants.

For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations.

A sober living permit issued in accordance with this subsection shall be required for any sober living facility seeking a conditional use permit.

An applicant may seek relief from the strict application of this subsection pursuant to Section 17.10.045 of this code if necessary to afford a person with a disability a reasonable opportunity to enjoy a dwelling.

CCC.

Supportive Housing. In the Public Institution district, only the following paragraph is applicable, regardless of the number of persons:

Such housing is permitted, provided the housing is ancillary to an institutional use such as a church, hospital, or other permitted institutional use, and is administered by the institution involved. In designated residential and mixed use districts the following is applicable:

Supportive housing (six or fewer persons) is permitted, provided that there are no more than six residents residing per legal lot who meet the definition of "target population" provided in Section 17.04.039. In addition to the residents, one on-site house manager is allowed.

Alternative Parking Standard. Supportive housing (six or fewer persons) shall comply with applicable development standards, including parking standards outlined in Chapter 17.34. Due to the varying operational characteristics of such uses, an alternative parking standard may be warranted, and may be requested by the applicant based on quantitative information demonstrating parking demand for the use. The request shall be considered by the Zoning Administrator at a noticed public hearing. Notice shall be posted and mailed to surrounding property owners, in accordance with the requirements in Section 17.08.040(B). Zoning Administrator approval shall be based on the following findings:

The applicant has demonstrated that the alternative parking standard is adequate to accommodate parking demand for the use based on its specific operational characteristics.

Acceptance of the alternative parking standard will not cause deterioration or special problems for the area.

City acceptance of the alternative parking standard is based on the specific operational characteristics of the use and is not applicable to a change in the use of the property in the future. In the OTMU district, the following is applicable:

Existing Uses. Existing supportive housing (seven or more persons) located in the OTMU zones, which was legally established prior to the effective date of Ordinance 06-13, is recognized as a "permitted use." Such uses are allowed to remain in the OTMU zones indefinitely. Further, additions, reconstruction, alterations and expansions of such uses and facilities are allowed, provided that development is undertaken in accordance with all applicable Code standards.

DDD.

Transitional Housing (Six or Fewer Persons). In the Public Institution district, only the following paragraph is applicable, regardless of the number of persons:

Such housing is permitted, provided the housing is ancillary to an institutional use such as a church, hospital, or other permitted institutional use, and is administered by the institution involved.

In applicable mixed use districts the following is applicable:

Transitional housing (six or fewer persons) is permitted, provided that there are no more than six residents residing per legal lot who meet the definition of "target population" provided in Section 17.04.039. In addition to the residents, one on-site house manager is allowed.

In addition, transitional housing (six or fewer persons) is subject to the alternative parking standard provision identified in Section 17.13.040 pertaining to supportive housing (six or fewer persons).

In the OTMU district, the following is applicable:

Existing Uses. Existing transitional housing (seven or more persons) located in the OTMU zones, which was legally established prior to the effective date of Ordinance 06-13, is recognized as a "permitted use." Such uses are allowed to remain in the OTMU zones indefinitely. Further, additions, reconstruction, alterations and expansions of such uses and facilities are allowed, provided that development is undertaken in accordance with all applicable Code standards.

EEE.

Vending Carts. The following regulations apply to mobile, removable vending carts only. The standards do not apply to stationary kiosks located within a commercial center or mall.

Vending carts shall be subject to site plan review in compliance with Section 17.10.060 (site plan review).

Written authorization of the property owner shall be submitted to the City at the time of application.

The area occupied by the vending cart and any associated service areas shall not exceed six feet by 10 feet. All products associated with the vending cart shall be contained on the cart at all times.

Operating a vending cart within a public street or other public property shall not be permitted.

If food items are sold, details of the proposal shall be submitted to the Orange County Health Department for review and a report to the City relating to the acceptability of the proposal and any desired conditions of approval shall be submitted to the City at the time of project application.

An adequate means for trash disposal shall be provided and the site and surrounding area shall be kept clean and free of litter at all times.

The application shall include a dimensioned site plan identifying the specific location of the vending cart on the property and a brief description of the proposal, including the items to be sold, hours of operation, and plans for sanitary control.

All associated signs shall be attached to the cart (i.e., no freestanding signs shall be permitted). A total of two signs shall be allowed with sign area limited to four square feet each. In addition, one menu board sign up to four square feet in area shall also be allowed.

If food items are sold proof of issuance of a County of Orange Health Department permit authorizing operation of the mobile food vending cart shall be provided to the City prior to final approval of the proposed activity.

Amplified sound (e.g., music, voice) shall not be audible from a public right-of-way.

11.

Flashing or moving lights on the vending cart, or products sold from the vending cart, shall not be visible from a public right-of-way.

12.

The applicant shall enter into an agreement with the City acknowledging that the privilege to operate may be revoked in the event of violation of the City regulations.

13.

Vending carts shall be removed from the site during nonbusiness hours or carts may be stored onsite if located within an area not visible from a public right-of-way.

14.

A City business license shall be obtained prior to the use of a vending cart.

FFF.

Short-Term Rental. All short-term rentals are subject to the regulations contained in Chapter 5.94 of this code. They shall otherwise be treated as a residential dwelling unit for purposes of development standards and required parking related to the zoning district in which they are located and the type of dwelling unit they are associated with.

Short-term rentals at a property where the owner will not be present, shall be located at least 300 feet from another permitted short-term rental, as measured from the closest property line by linear block frontage. This restriction applies to short-term rentals located in single-family residential and duplex zoning districts only.

For short-term rentals at an owner-occupied dwelling in the form of individual room rental or the rental of a habitable accessory structure, there shall be no separation requirement from another short-term rental.

Short-term rentals in multi-unit buildings in multi-family and mixed use zoning districts shall be limited as follows:

For multi-unit buildings with up to 10 units, no more than 20% of the units on the property shall be used as a short-term rental, regardless of the number of buildings on the site.

For multi-unit buildings with 11 units or more, no more than 10% of the units on the property shall be used as a short-term rental, regardless of the number of buildings on the site.

GGG.

Single-Family Dwelling Created Pursuant to SB 9.

Approval shall be subject to the proposed housing development meeting all the requirements of SB 9 which include:

The parcel is not located on a site specified in subparagraphs (B) to (K), inclusive, of Government Code Section 65913.4(a)(6) as summarized below:

Prime farmland, farmland or statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

A wetland.

Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation required by existing building standards.

A hazardous waste site that has cleared the site for residential use or residential mixed uses.

Within a delineated earthquake fault zone unless the development complies with applicable seismic protection building code standards.

Within a 100 year flood hazard area, unless it has either:

(a)

Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or

(b)

Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

vii.

Within a regulatory floodway unless the development has received a no-rise certification.

viii.

Land identified for conservation in an adopted natural community conservation plan or other adopted natural resource protection plan.

ix.

Habitat for protected species.

Land under conservation easement.

The proposed housing development would not require demolition or alteration of any of the following types of housing:

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

Housing that has been occupied by a tenant in the last three years.

The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner's rights under Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

Notwithstanding any provision in the Orange Municipal Code to the contrary, the proposed housing development does not allow the demolition of more than 25% of the existing exterior structural walls, unless the site has not been occupied by a tenant in the last three years.

The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a City or County landmark or historic property or district pursuant to a City or County ordinance.

The proposed housing development may be denied if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project or urban lot split would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

The ministerial approval may include the conditions for a parcel map specified in Section 16.12.030(E), if applicable.

All rental units shall be rented for a term longer than 30 days.

An applicant for a parcel map to create an urban lot split shall sign an affidavit stating their intent to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. Any "community land trust," as defined in Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or a "qualified nonprofit corporation" as described in Revenue and Taxation Code Section 214.15, shall be exempt from the affidavit.

Separate conveyance of the resulting lots in an urban lot split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. Separate conveyance of units within a lot resulting from an urban lot split shall be subject to the following:

Primary dwelling units within a lot that is created by an urban lot split may not be owned or conveyed separately from each other.

Condominium airspace divisions and common interest developments are not permitted within a lot that is created by an urban lot split.

All fee interest within a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.

Separate conveyance of units on an undivided lot is subject to the following:

Primary dwelling units on an undivided lot may not be owed or conveyed separately from each other.

Condominium airspace divisions and common interest developments are not permitted within the undivided lot

All fee interest in the undivided lot and all the dwellings on the undivided lot must be held equally and undivided by all individual property owners.

All development, design, and parcel map standards in this section and in Chapter 17.14 shall be applied to units created under SB 9, provided that at least an 800 square foot unit is allowed to be constructed.

The following objective design standards shall apply to all single-family dwellings created pursuant to SB 9 and to associated on-site improvements:

Units with identical building elevations and/or floor plans shall not be located on adjacent lots or directly across the street from each other.

Design elements and detailing shall be continued completely around the structure. Such design elements shall include window treatments, trim detailing, exterior wall materials, and color pallet. Firewalls are not exempt from the required design elements.

At least two building materials shall be used on any building frontage (excluding roof and foundation) in addition to glazing and railings. Any one material shall comprise at least 20% of the building frontage.

At least two exterior colors shall be used. Elements that count toward this requirement include cladding material, trim/accent colors, and visually significant colors for doors, and similar elements. Primary colors shall be used as accent colors only.

Trash receptacles locations shall be identified on project plans and shall demonstrate screening from public view via equivalent-height landscaping or a solid wall or fence.

The main entry shall not be the garage door and shall be prominently placed on the elevation facing the street.

Linear streetscape appearance in the building facade shall be avoided by providing variations in horizontal plane in a minimum of 50% of the building front and street side elevations. Variations shall include indentations, recesses, or projections of two feet or greater. Vertical architectural elements (pilasters, columns, piers, other structural elements) shall vertically project a minimum of eight feet in height and project a minimum of eight inches from the building face.

Units shall include a minimum three element(s) from the following list to add visual variety and interest to building facades and enhance the connection between public and private realms: eaves, cornices, trellises, overhangs, exposed structural elements such as rafters, recessed windows, columns, bay windows. Other elements may be approved if they provide equivalent visual variety and interest.

Primary interior living spaces (bedroom and living areas) shall be offset a minimum eight feet from a facing neighboring primary interior space on the same story.

A minimum eight feet shall be maintained between any primary interior living space (bedroom and living area) and an existing neighboring primary living space on the same story.

Trim surrounds shall be provided at all exterior window and door openings. Trim shall be substantial, visible, and at least two inches in depth.

Classical window proportions shall be provided such as 2:1, 3:2, or 4:3.

No building facade may extend in a continuous plane for more than 20 feet without a window, door, variation in horizontal plane, or vertical architectural element.

A minimum three foot wide interior clear planter width landscaping shall be provided between the closest parallel property line to a driveway and the subject property. For flag lots, the planter shall only be required adjacent to the property not part of the project. Within the planter area, landscaping shall be maintained at a height of no greater than 42 inches to allow for line of sight to pedestrians and motorists for vehicles exiting the driveway.

Driveways to required parking shall not be asphalt, shall be a minimum 12 feet in width, and shall be concrete, pavers, stone, brick, or similar material. No driveway shall be allowed for units that do not require an on-site covered parking space and are not electing to include covered parking. Controlled or restricted entrances to required or provided parking are prohibited.

HHH.

Single Room Occupancy Housing (SRO).

Adaptive reuse of the following existing structures that meet the following criteria only:

Motel/hotel with 30 guest rooms or less.

Office buildings with a total gross floor area of 5,000 square feet or less.

Only those buildings that meet the criteria of subsection (HHH)(1) that are existing at the time of adoption of this ordinance shall be eligible for conversion to SRO. No buildings constructed after the adoption of the ordinance codified in this section are eligible for SRO conversion.

If any building that is eligible for conversion to SRO at the time of the adoption of the ordinance codified in this section is demolished or partially destroyed by fire, explosion, act of God, act of a public enemy, collapse, or any other casualty or calamity, beyond 75% of the appraised value (as defined by this section) is no longer eligible for conversion to SRO.

In determining the appraised value of a structure eligible for SRO conversion, the cost of land or any factors other than those concerning the affected structure itself shall not be considered.

Appraised value, for the purpose of this section, shall mean the market value of the structure as reported by the owner, based upon the market value of comparable structures in the City. Where the City and owner do not agree upon the appraised value based on said comparable, appraised value shall mean the value reported by a qualified appraiser, approved by the City, hired by the owner to determine the value of the structure.

Any conversion of existing buildings to SRO must be done for the entire site. No partial conversions to SRO are allowed.

(Ord. 13-18, 2018; Ord. 3-19, 2019; Ord. 07-20, 2020; Ord. 03-21, 2021; Ord. 05-21, 2021; Ord. 09-22, 2022; Ord. 15-23, 11/14/2023; Ord. 25-24, 9/24/2024; Ord. 08-25, 7/22/2025; Ord. 11-25, 6/24/2025)

[1]

Editor's Note: Table 17.13.030 is included as an attachment to this Title.

§ 17.13.050 Conditional Use Regulations.

A conditional use permit must be obtained pursuant to the requirements outlined in Section 17.08.030. In addition, the following special conditions shall be applied to specific uses, marked with a plus (+) in Table 17.13.030[1].

Adult Enterprise. Such establishments shall comply with Section 17.13.040(B). All conditional use permits for the purpose of permitting adult enterprises shall require issuance by the City Council, upon recommendation by the Planning Commission.

Amusement Arcades.

The Zoning Administrator shall have the authority to grant conditional use permits for amusement arcades.

Because of the potential policing problems related to certain uses, a conditional use permit shall be issued only when a determination can be reasonably made that the use is compatible with land uses in the surrounding area.

All amusement devices shall be located as to be visible at all times by one or more employee of the business, including an on-duty manager at least 18 years of age.

Unless otherwise permitted by a conditional use permit, the hours of operation shall be limited to 7:00 a.m. to 12:00 a.m., daily; excepting Friday and Saturday nights wherein hours of operation shall be limited to 7:00 a.m. to 1:00 a.m.

The City may require that a licensed security guard be provided between 6:00 p.m. and closing on Friday and Saturday nights and the City may require licensed security guard(s) be provided during additional time periods, if warranted.

The City shall review interior and exterior lighting plans to ensure adequate lighting is provided.

The City shall periodically review the conditional use permit to ensure that no increase in police services is required.

The waiting area shall be enclosed by a solid wall taller than four feet.

A camera/video surveillance system shall be installed at all entrances and exits of the business to the satisfaction of the Police Department. A sign shall be posted at the entrance of the establishment and within the premise, visible to customers, stating that the business premises is under camera/video surveillance. Surveillance videos shall be retained by the business for 30 days. Videos are to be available to law enforcement upon request.

Amplified music audible from the exterior of amusement arcades is prohibited.

11.

Curfew and truancy signs shall be posted inside the business. In addition, the on-duty manager shall make an announcement prior to and immediately after curfew announcing City of Orange curfew laws. No loitering signs shall be posted outside of the entrance.

12.

Records or documentation that identify customers using the computers shall be maintained on-site, including date, time, and computer used. These records shall be maintained by the business owner for a period of 90 days and be available to law enforcement upon request.

13.

Six months after the amusement arcade opens for business, the Crime Prevention Bureau will prepare a report that indicates the level of police services associated with the operation of the business. Should the report demonstrate that the applicant has not controlled excessive or unnecessary activity resulting in high use of police services and nuisance activities, or that the applicant has failed to comply with enforcement or implementation of measures related to curfew and truancy which were required as part of approval of the conditional use permit, then the conditional use permit shall be referred to the Zoning Administrator for consideration of additional conditions or modification to existing conditions, or possible revocation of the original approval. If the Police Department determines that public safety concerns warrants an earlier review, it may cause the conditional use permit to be referred to the Zoning Administrator, prior to this six-month period for consideration of additional conditions or modification to existing conditions, or possible revocation of the original approval.

14.

The windows of the business shall not be tinted or covered in a way that obstructs a clear view of the interior of the premises from the exterior.

15.

Amusement arcades shall not be used as a sexually oriented/adult business as defined in Chapter 5.86.

16.

The back door of the establishment shall remain closed, be equipped with a panic alarm, and used for emergency access only.

Animal Raising or Keeping in Excess of Specified Limits. The number of animals kept on a site may exceed the maximum limits set forth in Section 17.13.040 for animal raising—small or large if it can be demonstrated that:

The property is of adequate size to accommodate the additional animals;

The keeping of the animals complies with all regulations established by relevant County of Orange ordinances; and

The keeping of additional animals will not adversely affect adjacent properties.

Animal Raising—Small Animals. The provisions for "Animal Raising—Small Animals" outlined in Section 17.13.040 shall apply.

Antennas, Wireless Communication. These facilities shall comply with the regulations described in Section 17.12.025.

Automobile Repair, Minor. General automobile repair, including mechanical repairs, oil change, smog inspection, stereo installation, tune up, window tinting, or installation of tires, batteries and accessories, when the use is conducted entirely within a building, is permitted subject to issuance of a CUP on properties which are located less than 100 feet from any residentially zoned property.

Automobile Sales and Service. New projects and buildings related to automobile sales and service shall comply with the following regulations. New buildings and additions to existing automobile sales and service facilities shall comply with the following regulations to the greatest extent feasible.

The following is required in commercial and industrial zones when a conditional use permit is required:

The indoor sales facility (showroom) shall contain a minimum of 2,000 square feet of floor area.

Repair and service facilities shall contain a minimum of 1,600 square feet of floor area.

All automobile repair and service work shall be conducted within an enclosed building, or screened from view from adjacent streets and adjoining properties.

Public address systems shall not be audible from any exterior boundary of the site.

All exterior lighting shall be designed and installed to prevent direct glare from impacting adjoining properties. All lighting plans shall be subject to City review and approval.

In addition to the above conditional use permit requirements for automobile sales and service uses in commercial and industrial zones, the following regulations apply in mixed use zones when a conditional use permit is required:

The indoor display facility (showroom) may be set back from the front property line not more than 25 feet. This setback area may be used for the display of vehicles in a manner that is integrated with the design of the landscaping and/or showroom. A landscaped area a minimum of five feet in depth shall be provided between the indoor display facility and the front property line or outdoor vehicle display area.

The indoor display facility shall have direct pedestrian access to the adjacent public sidewalk.

Any outdoor area used for the display or storage of vehicles that is visible from a public street shall be limited to not more than two times the area of the indoor display area. This limitation does not apply to the use of structured parking for the display or storage of vehicles. There is no limitation on the size of outdoor vehicle storage areas that are screened from public view.

Automobile Service Stations. Service stations shall comply with automobile service stations special use regulations numbers (R)(3) through (R)(8) as contained in Section 17.13.040. In commercial zones where automobile service stations are conditionally permitted, the following is also required:

A CUP shall be required, subject to approval of the Planning Commission unless otherwise provided, when any of the following apply:

Site is located at the intersection of an arterial and local street.

Any portion of the site is located less than 200 feet, as measured horizontally in a straight line in any direction, from any property located in any "R" residential district.

An application is made for any original off-sale beer or beer and wine license in conjunction with the sale of motor fuel, subject to final determination by the Planning Commission.

Minor site plan review shall be required for the following applications:

An application to reopen an idle service station. An idle service station is defined as one which has not been opened for business for at least 90 eight-hour days, out of the previous 180 consecutive days. Said minor site plan review shall be subject to approval by the Community Development Director, and shall be approved only upon adherence to all development standards of the base zone;

An application is made to convert any substantial portion of an active or idle service station to another use. Said minor site plan review shall be subject to approval by the Community Development Director. In the event that the service station use is to be terminated, and the structure converted to another use, the Community Development Director may require the removal of pump islands, canopies, service bays, signs and other indicia of service station identification. In the event of a partial conversion or addition of uses requiring a CUP, (such as conversion or addition of floor area for a mini market or car wash), the reviewing body may require such site plan alterations as improvements to access and circulation. In all cases, development shall comply with development standards of the base zone.

Bars. All bars shall comply with the alcoholic beverage control provisions contained in Chapter 17.30.

Bed and Breakfast Inns.

Only historic structures will qualify for use as a bed and breakfast inn. Historic significance shall be identified by prior listing in the City's historic building survey, individual listing as a contributing structure within the Old Towne Historic District, or by a Historic American Building Survey ("HABS"): an evaluation of the building's historic qualities prepared by an architect or other professional consultant and submitted for review by City staff and the Planning Commission).

An owner, manager, proprietor or caretaker of the property must reside on the subject premises at all times.

No cooking facilities shall be permitted in any guest room.

Guest meals shall be served only to persons registered as overnight guests.

Billiard Parlors.

Because of the potential policing problems related to such a use, a conditional use permit shall be issued only when a determination can be reasonably made that the use is compatible with land use in the surrounding area.

All pool tables and incidental video games, pinball machines, and the like shall be located so as to be visible at all times by one or more employees of the business.

The City may impose conditions limiting the hours of operation.

The City may require that a private security guard be provided.

The City may review interior and exterior lighting plans to ensure adequate lighting is provided.

The City may periodically review the conditional use permit to ensure that no increase in police services is required.

Bingo Games. The following is required in commercial, mixed use, and industrial zones when a conditional use permit is required:

All bingo games shall comply with the provisions of Chapter 5.95 of this code.

The following is required in commercial and mixed use zones when a conditional use permit is required:

Bingo games as a stand-alone use shall only be conducted within a recreation or assembly hall, clubroom, or similar facility designed for group activities.

All conditional use permits for the purpose of permitting bingo games shall require issuance by the City Council, upon recommendation by the Planning Commission.

Boat Sales and Service. All boat sales and service facilities are subject to the following standards:

Outdoor display areas situated within 100 feet of any street or highway shall be landscaped, and an adequate system for irrigation or sprinkling of plants shall be provided. A detailed landscape plan shall accompany development plans submitted with the application for a conditional use permit.

Public address systems shall not be audible from the exterior boundaries of the developed site.

All exterior lighting shall be designed to prevent direct glare on adjoining properties and all lighting details shall be submitted for approval.

Collection Facilities (Including Reverse Vending Machines). The establishment or expansion of a collection facility (including reverse vending machine(s) located outside a structure. Such conditional use permits are subject to review and approval by the Zoning Administrator. A single conditional use permit may be granted to allow more than one reverse vending machine or small collection facility located on different sites under the following conditions:

1.	The operator of each of the proposed facilities is the same;
2.	The proposed facilities are determined to be similar in nature, size and intensity of activity; and
3.	The applicable development standards set forth in this section are met for each such proposed facility.

In reviewing a conditional use permit request, the following development standards shall apply:

Reverse Vending Machine(s).

Shall be established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building and fire codes;

Shall be located within 30 feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation;

Shall not occupy parking spaces required by the primary use;

Shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be not more than eight feet in height;

Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;

Shall have a sign area of a maximum of four square feet per machine located on the machine, exclusive of operating instructions;

Shall be maintained in a clean, litter-free condition on a daily basis;

Operating hours shall be at least the operating hours of the host use;

Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

Small Collection Facilities.

Shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building, and fire codes;

Shall be no larger than 500 square feet and occupy no more than five parking spaces not including space that will be periodically needed for removal of materials or exchange of containers;

Shall meet with the setback requirements of the base zone;

Shall not obstruct pedestrian or vehicular circulation;

Shall accept only glass, metals, plastic containers, papers and reusable items; used motor oil may not be included;

Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule;

Shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present;

Shall be maintained free of litter and any other undesirable materials, and mobile facilities at which truck or containers are removed at the end of each collection day shall be swept at the end of each collection day;

Shall not exceed noise levels of 60 dBA as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed 70 dBA;

Attended facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours between 9:00 a.m. and 7:00 p.m.;

Containers for the 24-hour donation of materials shall be at least 30 feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use;

Containers shall be clearly marked to identify the type of materials which may be deposited; the facility shall be clearly marked to identify the name and telephone number of a facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers;

Signs may be provided as follows:

Recycling facilities may have identification signs with a maximum of 20% per side or 16 square feet, whichever is greater, in addition to informational signs required in Section 17.18.060(J)(2)(1);

Signs must be non-illuminated;

The facility shall not be located in any required landscaping area;

No additional parking will be required;

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;

Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist:

A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site;

A maximum reduction in available parking space in an established parking facility may be allowed as follows:

Number of Available Parking Spaces	Maximum Reduction
1—25	0
26—35	2
36—49	3
50—99	4
100 and up	5

A maximum reduction of five spaces will be allowed when not in conflict with parking needs of the host use.

Large Collection Facilities.

The facility shall be screened from the public right-of-way by:

Operating in an enclosed building; or

Within an area enclosed by an opaque fence or wall a minimum six feet in height, and including a landscaping planter a minimum three feet in width and landscaping; or

At least 150 feet from property zoned residential;

The facility shall not be located in any of the required landscaping for the host use;

The facility shall not be located in any of the required setbacks of the base zone;

All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition.

Storage containers for flammable material shall be constructed of nonflammable material. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing;

The site shall be maintained free of litter on a daily basis;

Noise levels shall not exceed the levels established by Chapter 8.24 of this code;

If the facility is located within 500 feet of property zoned residential, it shall not be in operation between 7:00 p.m. and 7:00 a.m.;

Space will be provided on site for six vehicles to circulate and to deposit recyclable materials;

Any containers provided for after-hours donation of recyclable materials shall meet the following:

Be located at least 50 feet from any residential use;

Be sturdy and rust proof construction and shall have sufficient capacity to accommodate materials collected;

Be secured from unauthorized entry or removal of material;

Be clearly marked to identify the type of material that may be deposited;

Be clearly marked that no material is to be left outside the containers.

Facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs will meet the standards of the zone;

Power driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material are permitted if noise and other conditions are met.

Commercial Nursery with Building Materials and Landscape Supplies. The outdoor storage and sale of bulk materials including, but not limited to, mulch, bark, gravel, river rock, boulders, and logs associated with a business established prior to the effective date of Ordinance No. 26-24 engaging in agricultural or horticultural activities.

Commercial Nursery with Seasonal Sales.

No seasonal sale period shall exceed one consecutive 30-day period during a calendar year.

At least one portable chemical toilet facility shall be made available on the site at all times during the sales period.

Dance Floor as Accessory Use. A dance floor is considered an accessory use and a conditional use permit is required only if any one of the following circumstances apply:

Over 300 square feet of space is used as dance area; or

Over 15% of the public area of the building or lot is used as dance area; or

The dance area is within 500 feet of a residential zone.

If none of these circumstances apply, no conditional use permit shall be required for an accessory dance floor.

Dog Kennels.

The use table contained in Chapter 17.13 indicate the zones in which dog kennels are permitted by conditional use permit. Those zones include the A1, M1 and M2 districts.

Conditional Use Permit Required. A conditional use permit shall be required for the establishment of a new kennel, the expansion of an existing kennel, or the construction or expansion of residential units to be used in conjunction with a kennel.

Guidelines to Be Used in Conditional Use Permit Review. The following development standards shall be considered by the Planning Commission in its review of a conditional use permit application for a kennel. These standards are not mandatory conditions but shall be applied as the Commission sees necessary to ensure the proposed kennel will not adversely affect surrounding land uses. Lack of compliance with any one of the standards may be a cause for denial by the Commission.

Site Coverage. Kennel facilities, including all runs, feeding areas, grooming centers, storage areas, drainage paths, and offices should not occupy more than 30% of the total area of the property.

Animal Population Density. The animal population density shall not exceed 200 dogs per acre of property set aside for the animal runs.

Setbacks. All kennel facilities should be set back a minimum of 10 feet from any property line not abutting another kennel.

Cooling. Kennel facilities should be cooled with electric fans, shade trees, or covered segments of the run.

Separation. A minimum 24-inch high masonry wall should separate adjacent runs.

Walls. A six foot high masonry wall, as measured from the high grade side of the wall, shall be erected to obscure views of the animal run areas from adjacent properties.

Additional Conditions. The Planning Commission may specify additional conditions as it determines to be necessary to achieve land use compatibility.

Mandatory Conditions. The following standards are mandatory requirements for all kennels:

Dog Kennel Construction. Construction standards, area and sanitation shall conform to requirements specified by the Orange County Animal Control for licensing of kennels.

Premises Attended. At least one person employed by the kennel shall be on the premises at all times of the day.

Sound Attenuation. Kennel facilities shall conform to Chapter 8.24 (Noise Control) of this code. Methods to provide soundproofing may include applying sound absorbing materials to the faces of buildings and walls and providing enclosed sleeping quarters to house the dogs at night.

County Review. Kennels shall maintain a current license issued by the Orange County Animal Control.

Revocation of Use Permit. Repeated or serious violation of these regulations or conditions of approval shall constitute grounds for revocation of the conditional use permit.

Drive-in Dairy.

The sale of alcoholic beverages shall not be permitted.

No processing or bottling shall be conducted on the premises.

Drive-Through Windows. The following regulations apply to drive-through windows in the commercial, mixed use, and industrial zones:

Commercial Zone Drive-Through Windows. The following standards shall apply to the design of any business providing windows for drive-through service:

Drive-through lanes shall not obstruct the circulation routes necessary for access to the property, parking areas (including backup area of parking spaces), and pedestrian walkways.

Pedestrian walkways shall be emphasized by enriched paved or striping.

Drive-through lanes shall be a minimum of 12 feet in width.

Any application for a drive-through window shall include a parking or queuing study that is based on similar operations, addressing the anticipated traffic volumes and vehicular stacking needs of the proposed business.

During the initial staff review, the City's Police Department shall review and approve the proposed drive-through configuration to assure that public safety and security issues are adequately addressed.

Mixed Use Zone Drive-Through Windows. The following standards shall apply to the design of any new development providing drive-through service:

Drive-through windows and lanes shall not obstruct the circulation routes necessary for access to the property, parking areas (including backup area of parking spaces), and pedestrian walk-ways.

Drive-through lanes shall not be located adjacent to a street, including side streets.

Buildings shall be oriented towards the street with pedestrian connections to the adjacent side-walk. Parking shall not be allowed between the building and the front property line.

Drive-through lanes shall be a minimum of 12 feet in width and shall have a minimum inside radius of 16 feet at curves.

Applications for businesses with drive-through lanes shall include a parking or queuing study that is based on similar operations, addressing the anticipated traffic volumes and vehicular stacking needs of the proposed business.

Entrances and exits to/from drive-through lanes (queuing aisles) shall be at least 30 feet from the interior side of a driveway apron providing access to a public or private street or alley.

There shall be a minimum distance of 40 feet between the entrance to the drive-through lane and the first menu board for vehicle stacking.

Each drive-through lane shall be separated by curbing and landscaping from the circulation aisles provided for ingress or egress from the site, or access aisles to off-street parking spaces.

Pedestrian walkways should not intersect the drive-through lanes. Where they do, they shall have clear visibility and be emphasized by enhanced paving or markings, as deemed necessary by the Community Development Director.

Sound from a loudspeaker system (e.g., menu board) shall not be audible at any exterior boundary of the site. In the case of a mixed use project with residential uses, but without intervening property lines between the uses (including vertical mixed use projects), an acoustical study that analyzes the noise impact on nearby residential uses may be required at the time of project application. The study shall recommend mitigation measures to eliminate any noise impact on residential uses, including the use of touch screen/pad menu boards.

At the point of ordering, the microphone/speaker system shall also contain an electronic readout message that displays the order and cost.

A solid six-foot high masonry sound wall shall be constructed on the property boundary when the site is contiguous to residentially zoned or used property(ies).

During the initial staff review of the application, the City's Police Department, in coordination with the Public Works Department, shall review and approve the proposed drive-through configuration to ensure that public safety and security issues are adequately addressed.

Industrial Zone Drive-through Windows. Commercial businesses providing windows for drive-through service may only be developed within an integrated industrial or commercial complex, and shall be developed in accordance with the standards for "Commercial Zone Drive-Through Windows."

Entertainment Establishment. The Police Department shall review all applications for such establishments and shall recommend conditions as deemed appropriate.

Excavation of Materials.

Rock, sand, gravel and similar materials may be excavated and removed, provided such activities preserve the integrity of the watercourse.

The permitted excavation area shall continue to receive and release flood waters in a manner equal to that experienced prior to any excavation.

Such excavations shall be contained within the FP-2 area and shall not create a potential flood hazard to adjacent properties resulting from flood conditions.

All excavation activity shall conform to the operational and reclamation conditions set forth in Chapter 17.32.

Family Day Care Home—Large (Seven to 12 Children).

No other licensed and permitted large-family day care home shall exist within 300 feet of the exterior property boundaries of the proposed facility.

The noise ordinance of this code (Chapter 8.24) shall be complied with at all times, and hours of outdoor play or activities shall only be permitted between the hours of 8:00 a.m. and 8:00 p.m.

On-site garages and parking areas needed to meet the parking requirements of the zone shall not be converted to any other use.

All owners of real property within 100 feet of the property boundaries of the proposed use, as indicated on the last equalized assessment roll and the City Council, shall be notified by the Zoning Administrator regarding the application not less than 10 days prior to the date on which the decision will be made.

No hearing on the application for a permit issued pursuant to this section shall be held before a decision is made unless requested by the applicant or other affected person, in writing, prior to 3:00 p.m. of the decision date.

The applicant or other affected person may appeal the decision on the application within 15 days of the decision. Appeals shall be made in accordance with Section 17.08.050.

Fortunetelling. All fortunetelling businesses shall be conducted in compliance with Chapter 5.55 of this code.

Hazardous Waste Facilities. All such facilities shall comply with the hazardous waste controls as described in Chapter 17.42.

Hospitals. Hospitals and other health facilities as defined in the Hospital Seismic Safety Act of 1983, California Health and Safety Code Sections 15000 et seq., shall be permitted subject to issuance of a conditional use permit by the City Council, upon recommendation by the Planning Commission.

AA.

Hot Dog Vending Carts.

Written authorization of the property owner shall be submitted to the City.

Provisions shall be made to provide on-site restroom facilities for the operator of the mobile food vending cart.

A hot dog vending cart shall be operated from an office-professional, commercial or industrial zoned property with the cart at a fixed location which must be at least 300 feet away from any public street or sidewalk and not closer than 200 feet from any residentially zoned property, church, school or park. Additionally, only one such cart may operate from any property.

The area occupied by the cart and any condiment service areas shall not exceed five feet by eight feet.

No selling within a public street or sidewalk shall be permitted.

Details of the proposal shall be submitted to the Orange County Health Department who will generate a report to the City relating to the acceptability of the proposal and include desired conditions of approval, prior to consideration of the conditional use permit by the City.

An adequate means for litter disposal shall be provided.

The application shall include a dimensioned site plan identifying the specific location on the property from which food vending is to take place and a brief description of the proposal, which shall include the specification of items to be sold, hours of operation, and plans for sanitary control.

Any signs shall be attached to the cart (i.e., no freestanding signs shall be permitted) and limited to a total display area of 30 square feet.