Placentia City Zoning Code
CHAPTER 23
81 GENERAL REGULATIONS AND EXCEPTIONS
§ 23.81.010 General provisions and exceptions.
The regulations specified for this title shall be subject to the general provisions and exceptions in this chapter.
(Prior code § 25-175)
§ 23.81.015 Special events.
The purpose of this section is to permit individual commercial businesses within an integrated development to hold special promotional events or sidewalk sales. These sales shall require an application for a special event permit which shall be completed, fee submitted and the request approved by the planning division prior to the scheduled event.
(1)
Requests shall be made in writing and submitted a minimum of fourteen (14) days prior to the proposed event. Applications shall include:
(A)
Written authorization for the event from the property owner or agent;
(B)
A statement containing the event dates and hours;
(C)
A site plan showing location of displays and merchandise in relation to the building(s) and parking areas;
(D)
Type and location of temporary signage, if any;
(E)
Emergency contact name and telephone number for the individual(s) coordinating the event;
(F)
Fee of fifteen dollars ($15) for each application.
(2)
A maximum of eight (8) events per calendar year shall be allowed for each business address. Each event shall not exceed three (3) consecutive days.
(3)
In addition to the eight (8) three (3) day events permitted by subsections (1) and (2) of this section, each individual commercial business shall be permitted to hold four (4) additional nonconsecutive single day outdoor events provided that an approved site plan for single day events is on file with the department of development services and notification identifying the date of the event is provided to the department three (3) business days prior to the event.
(4)
The outdoor display of merchandise shall be restricted to the sidewalk area directly adjacent to the businesses exterior leasehold or store frontage.
(5)
The display of merchandise shall provide clear passage for wheelchair and pedestrian circulation. The event shall neither adversely impact adjacent businesses nor alter vehicular pathways; adequate parking shall be maintained at all times.
(6)
After a special event, the site shall be returned to its prior condition and all debris, signage or trash removed.
(Ord. 98-O-103 § 1, 1998)
§ 23.81.020 Home occupations permits.
(a)
The purpose of this section is to allow incidental and limited nonresidential activities within dwelling units. A home occupation shall be secondary to the dwelling unit’s primary function as a residence and be compatible with the neighborhood within which it is located.
(b)
A home occupation shall comply with the following operating standards:
(1)
There shall be no employees other than the residents of the dwelling unit;
(2)
The appearance of the structure or premises shall not be altered to change its residential character or visually signal that a business operates in the dwelling. No equipment, activity or process in the home shall generate excessive sound or noises, glare, vibrations, odors or fumes, or cause interference to radio or television reception;
(3)
Only one (1) room of the home or accessory structure shall be used for the home occupation. The installation of a new access from this room/space which exits directly to the street is prohibited;
(4)
The garage shall not be altered nor used in a way to reduce the number of covered off-street parking spaces required by the zoning district in which the residence is located;
(5)
Limited indoor storage of stock or merchandise is permitted in the designated space of the residence or accessory structure used for the home occupation;
(6)
Outside use or storage of materials, bulk goods, merchandise, equipment, special purpose machinery or vehicles customarily utilized in conjunction with a commercial or industrial business is not permitted;
(7)
No use of materials or equipment beyond that normally required for household and/or hobby purposes is permitted;
(8)
There shall be no use of utilities beyond that normally required for residential purposes;
(9)
The home occupation shall not generate additional vehicular or foot traffic beyond normal residential uses;
(10)
No direct sales, display or commercial signage is permitted on the premises;
(11)
See Section 23.78.170(a) for definition of “commercial vehicles”;
(12)
One (1) business related vehicle, which includes either a pickup or van, is permitted;
(13)
Storage of explosives, highly combustible materials or hazardous material is strictly prohibited in conjunction with a home occupation permit;
(14)
For rental property, the property owner’s written authorization for the proposed home occupation shall be obtained and submitted with the permit application.
(15)
Any other special condition(s) as made a part of this record for a home occupation permit, as deemed necessary to carry out the purpose of this section.
(c)
An application for a home occupation permit shall be submitted and approved by the planning division prior to issuance of a city business license.
(d)
A violation of the provisions listed in this section is a misdemeanor and may also constitute grounds for revocation of the home occupation permit, after review by the director of development services. All decisions of the director of development services may be appealed to the planning commission.
(Prior code § 25-176; Ord. 77-O-111 § 3, 1977; Ord. 88-O-115 § 2, 1988; Ord. 96-O-116 § 1, 1996; Ord. 98-O-104 § 1, 1998; Ord. 99-O-111 § 1, 1999)
§ 23.81.025 Vehicle repairs.
Vehicle repair and/or vehicle maintenance businesses shall not be permitted in any residentially designated land use area or zoning district at any time. Vehicle repair or vehicle maintenance may be permitted within a garage, however, only on vehicles registered to the current resident. “Vehicle repair,” for the purposes of this section, shall be defined as, but not limited to, engine, transmission, wheel, brake, drive train, fuel and exhaust repairs as well as vehicle body repairs. Maintenance of a trailer, camper, boat or other recreational apparatus shall be subject to the provisions of Section 23.78.145.
(Ord. 97-O-117 § 1, 1997)
§ 23.81.030 Garage sales.
Sales of personal property to the general public by means of “garage,” “yard,” “patio,” “rummage,” or other sales similarly conducted (collectively, “garage sales”) shall be a temporarily permitted accessory use in residential zones, provided such sales are held and conducted in accordance with the provisions of this section. No person shall operate, conduct, manage, or allow or permit to be conducted, a garage sale on any residentially zoned or residentially occupied property, except under the following conditions:
(1)
Garage sales may only be conducted on the first full weekend of the months of March, June, September, and December. For purposes of this section, “weekend” means Saturday and Sunday. Garage sales may be conducted on days other than those specified above upon obtaining a permit. Such a permit shall be obtained by making written application to the director of development services on a form provided by the city. No more than two (2) such permits authorizing additional garage sales on any parcel of property shall be issued within a calendar year. Fees for processing and issuing a permit under this section shall be set by resolution of the city council and shall be paid at the time of submission of an application.
(2)
All garage sale activity shall be conducted between the hours of 8:00 a.m. and 5:00 p.m.
(3)
All garage sale items shall be displayed only on private property occupied by the person(s) putting on the garage sale. This shall include, with the permission of the property owner, (A) property containing a multiple-family dwelling, by residents of that multiple-family dwelling; (B) property owned or controlled by a homeowner’s or property owners’ association, by members of that association; and (C) property occupied by a church, charitable or other nonprofit organization, by members of that organization. Garage sale activity may not be conducted on the public sidewalks, parkways, streets, or alleys.
(4)
All items sold at a garage sale must be used goods, wares or merchandise of a household or personal nature, from the household(s) of the persons conducting the garage sale, and not acquired elsewhere for resale.
(6)
Any police, code enforcement, or other officer of the city shall have the right to inspect the merchandise on display or stored for sale on the premises during a garage sale authorized by this section.
(7)
The provisions of this section shall not apply to persons selling goods pursuant to process or order of a court of competent jurisdiction or persons acting in accordance with their powers and duties as public officials.
(Ord. O-2009-04 § 1, 2009)
§ 23.81.035 Canopies and tarps.
Any canopy, portable canopy, or tarp erected on any residentially zoned or residentially occupied property and visible from a public right-of-way shall be maintained in good and structurally sound condition and shall be removed, cleaned, repaired or replaced if broken, torn, weathered, faded, or dirty or if missing support members or other components.
(Ord. O-2009-03 § 2, 2009)
§ 23.81.040 Group dwellings.
Group dwellings, such as: boarding homes, nursing homes, rest homes, boarding schools, sororities, fraternities, or private residence clubs shall be permitted only in residential and commercial districts and shall not be established unless a use permit shall first have been secured for establishment, maintenance and operation of such use. EXCEPTION: No use permit shall be required for a residential care facility. For purposes of this section a “residential care facility” shall be defined as a single-family residence in an R-A, R-1 or R-2 zone in which twenty-four-hour supervised nonmedical care is provided for six (6) or fewer persons.
(Prior code § 25-177.1; Ord. 68-O-103 § 1, 1968; Ord. 79-O-126, 1979)
§ 23.81.050 Use permit required for certain uses.
The city recognizes that certain uses have special operational characteristics which have the potential to adversely affect adjoining businesses and/or property owners. Accordingly, the city wishes to review these uses on an individual basis. Such uses shall include the following:
(1)
Game arcades; includes any establishment having four (4) or more mechanical or electronic games of chance, skill or entertainment, whether as the primary use or in conjunction with another business, but excluding vending machines dispensing a product for sale;
(2)
Indoor amusement facilities; includes, but is not limited to, theaters, bowling alleys, roller and ice skating rinks and establishments having dance floors;
(3)
Outdoor amusement facilities; includes but not limited to, miniature golf courses, race tracks and water slides;
(4)
Poolrooms; includes any establishment having one (1) or more pool table(s) whether as the primary use or in conjunction with another business;
(5)
Health clubs; includes, but not limited to, racquetball clubs, swim clubs, tennis clubs and gymnasiums;
(6)
Sale and/or manufacture of gasoline, alcohol, methanol and similar fuels;
(7)
Conversion and/or expansion of service station facilities to other uses;
(8)
Establishments that sell alcoholic beverages including on-sale and off-sale;
(9)
All other uses determined by the planning commission to be similar to those listed.
The above uses shall require a use permit pursuant to Chapter 23.87. In approving the use permit the planning commission shall consider the following: operating hours; impacts on adjacent businesses and/or residences; impacts on existing parking; impacts on city services; concentrations of similar uses. Where large assemblages of people are involved, the planning commission shall consider the ability of the operators to provide services for and control the number of persons expected to attend.
(Prior code § 25-177.2; Ord. 70-O-105 § 1, 1970; Ord. 70-O-121 § 2, 1970; Ord. 73-O-120 § 1, 1973; Ord. 81-O-123 § 2, 1981; Ord. 82-O-100 § 1, 1982; Ord. 88-O-124 § 1, 1988; Ord. 94-O-130 § 1, 1994)
§ 23.81.055 Elevated decks, balconies and similar structures.
Elevated decks, balconies and similar structures shall be permitted in the “R-1,” “RPC,” “PUD,” and “SP-7” zones subject to obtaining a special use permit pursuant to the following procedure:
(1)
An application for a special use permit for an elevated deck, balcony or similar structure shall be submitted to the planning division for the review and approval of the director of development services.
(2)
The application shall include plans, a statement of use, the latest fee prescribed by city council resolution and all other items listed on the elevated deck submittal requirements on file with the planning division.
(3)
A decision date shall be set a minimum of twenty-one (21) days from the date of accepting the completed application.
(4)
Not less than ten (10) days prior to the decision date by the director of development services, notice of the proposed use shall be mailed to all property owners as shown on the last equalized assessment roll within a one hundred (100) foot radius of the exterior boundaries of the subject property.
(5)
A decision on the permit shall be made by the director of development services without a hearing, unless one is requested by either the applicant or other affected person. If so requested, the hearing would be scheduled for the next available planning commission meeting.
(Ord. 94-O-114 § 1, 1994; Ord. 97-O-111 § 1, 1997; Ord. O-2007-07 § 40, 2007)
§ 23.81.060 Accessory uses and buildings in any “C” or “M” district.
Accessory uses and buildings in any “C” and “M” district may be permitted where such uses or buildings are incidental to and do not alter the character of the premises in respect to their use for purposes permitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building.
(Prior code § 25-178)
§ 23.81.070 Public utility distribution facilities.
Public utility distribution and transmission line towers and poles and underground facilities for distribution of gas, water and electricity shall be allowed in all districts, without limitation as to height or without obtaining a use permit therefor; provided, however, that all routes of proposed gas, water, telephone and electric transmission shall be submitted to the planning commission for its approval prior to acquisition of a right-of-way therefor.
(Prior code § 25-179)
§ 23.81.080 Removal or bulk storage of natural materials.
The removal or bulk storage of minerals, earth and other natural materials may be permitted, providing a use permit shall first be obtained in each case.
(Prior code § 25-180)
§ 23.81.090 Height limits-Generally.
Chimneys, silos, cupolas, flag poles, monuments, gas storage holders, radio and other towers, water tanks, church steeples and similar structures and mechanical appurtenances may be permitted in excess of height limits provided a use permit is first obtained in each case. Local distribution poles for public utilities may be allowed in all districts to a greater height than allowed in the district in which they are to be located without receiving a use permit.
(Prior code § 25-181 (a))
§ 23.81.100 Height limits-Fences and walls.
Fences and walls in any district shall be subject to the following height and location restrictions:
(1)
Front Yard. In required front yards, the maximum height of a solid fence or wall shall be three (3) feet above the surface of the ground. However, a wrought iron fence may be erected, not to exceed a maximum height of six (6) feet above the surface of the ground.
(2)
Side and Rear Yard. In required side and rear yards, including the street sides of corner lots, the minimum height shall be six (6) feet and the maximum height shall be eight (8) feet above the surface of the ground; provided, that:
(a)
Sight clearance is maintained, in accordance with the standards of the city, for any vehicular access adjacent to said fence or wall;
(b)
Where a grade differential exists between building sites in any rear or side yard, the height of the fence or wall shall be a minimum of six (6) feet and a maximum of eight (8) feet above the highest finished grade, except as required for sight clearance.
(Prior code § 25-181 (b); Ord. 79-O-129, 1980; Ord. 88-O-120 § 2, 1988; Ord. 93-O-110 § 8, 1993)
§ 23.81.105 Materials-Fences and walls.
The type of material permitted for the replacement of an existing fence or wall, or for the construction of a new fence or wall on an existing developed site where none previously existed, shall be as specified in the city fences and walls policy, on file with the development services department.
(Ord. 93-O-110 § 9, 1993)
§ 23.81.110 Building site area.
Any lot or parcel of land under one (1) ownership and of record thirty (30) days before the effective date of the ordinance codified in this chapter, and where no adjoining land is owned by the same person, may be used as a building site even when of less area or width than that required by the regulations for the district in which it is located.
(Prior code § 25-182)
§ 23.81.120 Yards.
(a)
No structure of any type shall be located within five (5) feet of any alley in any district, unless such alley is thirty (30) feet or more in width.
(b)
Any Multiple-Family Development. No garage shall be located any further than one hundred (100) feet from the apartment unit which it is designed to serve: provided, however, that the planning commission may approve a greater distance if it finds that improved design results from increasing such distance; and further provided, that such approval shall be by no less than three-fourths of the voting members of the planning commission.
(c)
Architectural features such as cornices, eaves and canopies may not extend closer than three (3) feet to any side lot line.
(d)
Open uncovered porches, landing places or outside stairways may project not closer than four (4) feet to any side lot line, and not exceeding six (6) feet to any required front or rear yard.
(e)
In case an accessory building is attached to the main building it shall be made structurally a part of and have a common roof with the main building, and shall comply in all respects with the requirements of this title applicable to the main building. Unless so attached, an accessory building in an “R” district shall be located on the rear one-half of the lot and at least ten (10) feet from any dwelling building existing or under construction on the same lot, or any adjacent lot. Such accessory building shall not be located within five (5) feet of any alley or within one (1) foot of the side line of the lot, or in the case of a corner lot, to project beyond the front yard required or existing on the adjacent lot.
(f)
Special yards and distances between buildings in “R-3” districts:
(Prior code § 25-183)
§ 23.81.130 Building setback lines.
The following information supplements setback requirements found in each individual district:
(1)
Dedication of land required for the development of any public right-of-way which abuts or crosses over the subject property shall be required as a condition of approval of any subdivision map, or where no subdivision map is involved, as a condition of approval to any building permit except a building permit for general maintenance, new roofing, installation of appliances and fixtures or similar items. The construction of full improvements shall be required as a condition of approval of any development plan, use permit, variance, change of land use or as a condition of approval to any building permit for the expansion of any structure by one thousand (1,000) square feet or more within any two (2) year period;
(2)
Where four (4) or more lots in a block have been improved with buildings (not including accessory buildings), the minimum required shall be the average of the improved lots, if less than the aforesaid requirements;
(3)
On any parcel of land of an average width of less than fifty (50) feet, which parcel was under one (1) ownership at the time of, or is shown as a lot on any subdivision map filed in the office of the county recorder prior to the adoption of the ordinance codified herein, when the owner thereof owns no adjoining land, the width of each side yard may be reduced to ten (10) percent of the width of such parcel, but in no case to less than three (3) feet;
(4)
Every building or portion thereof which is designed or used for any dwelling purposes in any “C” district shall comply with the provisions of this title as to side yards which are required in “R” districts; provided, that when the ground floor of any such building is used for any commercial purpose, no side yard shall be required;
(5)
No stable, paddock, coop, pen or other enclosure for the maintenance or raising of animals or fowls shall be established or maintained closer than one hundred (100) feet from the front lot line or closer than twenty (20) feet to any residence.
(Prior code § 25-184; Ord. 88-O-120 § 1, 1988; Ord. 89-O-120 § 4, 1989)
§ 23.81.140 Application waiting period.
(a)
Where the planning commission or city council of the city denies a permit or approval listed in this title, the planning division shall not accept the denied application again for a period of six months after the denial.
(b)
The planning division may sooner consider an application previously denied if the application corrects the deficiencies upon which the denial was based.
(Ord. 78-O-121, 1978)
§ 23.81.150 Location of wells.
(a)
Oil well locations shall be in accordance with the requirements of the state.
(b)
No well, water injection, pumping unit or other type, shall be located within one hundred (100) feet of any habitable building, nor shall any such habitable building be erected within one hundred (100) feet of any well not abandoned, except buildings incidental to the operation of the well. The planning commission or city council, while reviewing a development plan review application, may waive or modify the one hundred (100) foot distance requirement subject to making the following findings:
(1)
That the use or occupancy of the building is such that the one hundred (100) foot distance requirement is not necessary;
(2)
That the building or the drill site incorporates adequate structural and fire safety features to compensate for the reduction in the one hundred (100) foot requirement of this section; and
(3)
That the owner of the structure complies with any special safety requirements imposed by the fire department.
(Ord. 79-O-126, 1979; Ord. 92-O-100 § 6, 1992)
§ 23.81.160 Large family day care homes.
(a)
Large family day care homes, as defined in Chapter 23.04, shall be permitted only in the R-A, R-1, R-2, R-G, R-3, RPC and C-O zones and shall not be established unless a special use permit has been approved as follows:
(1)
An application for a special use permit for a large family day care home shall be submitted to the planning department for review and approval by the director of development services.
(2)
The application shall include a site plan, statement of use and prescribed fee as established in Section 5.16.160.
(3)
A decision date shall be set a minimum of twenty-one (21) days from date of submittal.
(4)
Not less than ten (10) days prior to the decision date by the director of development services, notice of the proposed use shall be mailed to all property owners as shown on the last equalized assessment roll within a one hundred (100) foot radius of the exterior boundaries of the proposed large family day care home.
(5)
A decision on the permit shall be made by the director of development services without a hearing, unless one is requested by either the applicant or other affected person. If so requested, the hearing shall be scheduled for the next available planning commission meeting.
(6)
All decisions of the director of development services may be appealed to the planning commission.
(b)
Additional requirements include:
(2)
Prior to approval of a special use permit, houses shall:
(A)
Be inspected to insure compliance with building and zoning regulations for single-family residences;
(B)
Show proof of compliance with standards of the State Fire Marshal as adopted in Title 24 of the California Administrative Code.
(Ord. 84-O-116 § 2, 1984)
§ 23.81.165 Outdoor seating areas.
(a)
Eating and fast food places, as defined by code, shall be permitted to provide outdoor seating areas subject to the following:
(b)
Additional Requirements.
(1)
For small outdoor seating areas, a fully dimensioned site plan and the property owner’s written approval shall be submitted and kept on file.
(2)
Standards for outdoor seating areas shall be complied with as a condition of the use. These standards and policy guidelines are on file in the planning division.
(Ord. 97-O-101 § 1, 1997)
§ 23.81.170 Grading, construction and maintenance of real property.
(a)
All grading of any real property shall be permitted only between the hours of seven a.m. and seven p.m. Monday through Friday, and between the hours of nine a.m. and six p.m. on Saturday, and shall be prohibited at any time on Sunday and on all federal holidays, unless other hours are approved by the chief building official or city engineer upon receipt of evidence that an emergency exists which would constitute a hazard to persons or property.
(b)
Construction activities and the maintenance of real property shall be permitted only during the following time periods:
Monday—Friday | Saturday | Sunday and Holidays | |
|---|---|---|---|
Initial construction | 7:00 a.m.—7:00 p.m. | 9:00 a.m.—6:00 p.m. | Prohibited |
Remodeling, repair work | 7:00 a.m.—7:00 p.m. | 9:00 a.m.—6:00 p.m. | 10:00 a.m.—5:00 p.m. |
Maintenance of real property | 7:00 a.m.—7:00 p.m. | 9:00 a.m.—6:00 p.m. | 10:00 a.m.—5:00 p.m. |
(1)
Initial construction work includes new residential, commercial and industrial developments. These are projects constructed on vacant property, which require the approval of the planning commission and, in particular cases, approval by the city council.
(2)
Remodeling, repair work pertains to construction activity on properties where structures already exist. This includes structural additions, rehabilitation work, miscellaneous projects, re-roofing, the construction of swimming pools, etc. These projects typically require over-the-counter permit approval only.
(3)
Maintenance of real property including, but not limited to: the mowing of lawns, trimming of trees and shrubs, general landscape maintenance.
(Ord. 94-O-143 § 1, 1994)