(a)

Purpose. The purpose of this Section is to protect people and property from hazards and nuisances associated with airborne contaminants.

(b)

General. Except as otherwise established by an approved site development permit, any permitted business operation shall be performed or carried out entirely within a building that is designed and constructed so that the enclosed operations and uses do not cause or produce a nuisance to adjacent sites, such as but not limited to the following: radio frequency interference, sound, vibration, electromechanical disturbance, electromagnetic disturbance, radiation, air pollution, dust, emission of toxic or nontoxic odors, or toxic or nontoxic matter.

Any land use within the BP zoning district that causes significant emissions of vapor, odors, or other airborne particulates as a result of manufacturing processes shall be deemed to be heavy industrial, which is prohibited in the City and subject to code enforcement and/or abatement activities.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

(a)

Purpose. The purpose of this Section is to:

(1)

Provide standards and criteria for regulating the conversion of duplex or multi-family dwelling units to residential condominium, stock cooperative and community apartment types of ownership;

(2)

Determine when such conversions are appropriate;

(3)

Provide for public health, safety, and general welfare;

(4)

Provide adequate off-street parking; and

(5)

Mitigate any hardship caused by the displacement of tenants.

(b)

General. The provisions and procedures of this Section shall apply to all conversions of existing multi-family dwelling rental units to residential condominiums, stock cooperatives, and community apartments notwithstanding any other provision of this Title.

(c)

Standards. Conversion projects shall conform to the standards and requirements applicable to the zoning district in which the proposed project is located.

(d)

Application requirements.

(1)

A "site development permit application" must be submitted to the Development Services Director for any proposed residential to residential condominium conversion project.

(2)

A "conditional use permit application" must be submitted to the Development Services Director for any proposed non-residential to residential condominium conversion project.

(3)

Each application for a residential condominium conversion project shall be accompanied by the following:

a.

An engineering report on the general condition of all structural, electrical, plumbing, and mechanical elements of the existing development including noise insulation, and the estimated cost of repair or improvements, if any are needed. Said report shall be reviewed, dated and signed by the Building Official and be made available to prospective buyers.

b.

A complete mailing list of all tenants occupying the subject property and two corresponding sets of stamped addressed envelopes. Within 15 days after the acceptance of the complete application and engineering report, the Development Services Director shall notify each tenant of the application, forward a copy of the above required engineering report, and informing them of the process. The Development Services Director shall mail a notice of public hearing to each tenant on the mailing list.

c.

A housing program, including, but not limited to the following, shall be provided by the applicant:

1.

The means by which the provision of housing affordable to lower and moderate income households will be achieved;

2.

A housing report addressing the balance of housing in the community, including vacancy rates and other available housing of similar type and rent, the current rents and estimated monthly payments and fees of the units to be converted, and all improvements and/or renovations contemplated.

3.

A survey of existing tenants as to their length of occupancy, and the number of those projected to purchase one of the units; and

4.

A relocation plan that identifies the steps that will be taken to ensure the successful relocation of each tenant in the event that the conversion takes place. The relocation plan shall also state what specific relocation assistance existing tenants will be given, including the cost of physical moving, first and last months rent, security and cleaning deposits, phone connection, and utility deposits. Particular consideration shall be given to the elderly, handicapped, families with children, and other tenants with special needs who may encounter difficulty in finding a new residence.

(e)

Tenant provisions. The property owner shall provide tenants 90 days preemptive right to purchase a unit or right of exclusive occupancy upon more favorable terms and conditions than those on which the unit will be initially offered to the public. Such right shall be irrevocable for a period of 90 days after the commencement of sales and notification of tenant of such right. Documentation of such notice shall be filed with the City.

The property owner shall also provide all tenants, who choose not to exercise their right to purchase, a termination of tenancy notice 60 to 90 days following the 90-day preemptive right to purchase.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

(a)

Purpose. The purpose of this Section is to:

(1)

Provide standards and criteria for regulating non-residential condominium projects;

(2)

Determine when such conversions are appropriate;

(3)

Provide for public health, safety, and general welfare;

(4)

Provide adequate off-street parking;

(5)

Properly regulate signage; and

(6)

Protect the property rights of the owners of non-residential condominium units from uses that may be permitted within the same zoning district, but may be incompatible within the same structure.

(b)

General. The provisions and procedures of this Section shall apply to all new construction of and conversions of existing non-residential tenant-occupied or owner-occupied units to non-residential condominiums.

(c)

Standards.

(1)

Non-residential condominium projects shall conform to the standards and requirements applicable to the zoning district in which the proposed project is located.

(2)

Non-residential condominium projects shall also adhere to the following regulations:

a.

Notice of restriction. Prior to the recordation of the final map, the applicant shall submit to the satisfaction of the Development Services Director, a "declaration of use restriction." This declaration shall ensure that only uses that are deemed compatible within the same building will be allowed and that there is adequate parking for all the allowed uses on the development site. This declaration shall be recorded against the subject property to provide notice of the use restrictions to all future owners of condominium units. This declaration may not be modified without the approval of the Planning Commission.

b.

Review of covenants, conditions and restrictions. Covenants, conditions and restrictions (CC&Rs) shall be submitted to the Development Services Director and City Attorney for review and approval prior to the recordation of the final map. The CC&Rs shall include provisions for the creation of a maintenance association for all commonly-owned elements created as a result of the condominium project, a definition of what is to be included in the new common elements, provisions for adequate property maintenance of the common areas, and responsibility for the maintenance of all walls and fences within the project. The applicant shall provide the Development Services Department with a copy of the recorded CC&Rs within 30 days of recordation. The provisions of the CC&Rs, including, but not limited to, those concerning the creation of a maintenance association, a definition of what is to be included in the common elements, provisions for adequate property maintenance of the common areas, and responsibility for the maintenance of all walls and fences within the project may not be modified without the written approval of the City. Said maintenance association may not be dissolved without prior approval of the City, in which case a new maintenance association should be established to replace the dissolved maintenance association.

c.

Prior to the purchase of a non-residential condominium unit, the purchaser shall submit to the City, written acknowledgment of the zoning restrictions and limitations on use.

(d)

Application requirements.

(1)

For conversions, a complete mailing list of all tenants occupying the subject property and two corresponding sets of stamped addressed envelopes. Within 15 days after the acceptance of the complete application, the Development Services Director shall notify each tenant of the application. The Development Services Director shall mail a notice of public hearing to each tenant on the mailing list.

(2)

A floor plan that demonstrates how the individual units are planned to be configured and sold.

(3)

A sign program as deemed necessary by the Development Services Director. Said sign program shall address permanent and temporary signage.

(4)

Proposed use restrictions.

(e)

Required findings.

(1)

The project and uses proposed are consistent with the General Plan.

(2)

The project and uses proposed are consistent with the provisions of this Title, including, but not limited to, parking requirements and use standards.

(3)

Approval of the project is in compliance with the requirements of the California Environmental Quality Act.

(4)

The location, size, design and operating characteristics of the project will not create conditions or situations that may be incompatible with other permitted uses in the vicinity.

(5)

Approval of the project will not result in conditions or circumstances contrary to the public health and safety and the general welfare.

(6)

Approval of the project shall comply with the regulations and development standards defined in Section 9.08.170 and the State of California Map Act as set forth in Government Code §§ 66410 et. seq.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, §§ 2, 3, 11-14-2007)

Editor's note— Ord. No. 24-07, § 19, adopted September 11, 2024, repealed § 9.05.040, which pertained to density bonus and derived from Ord. No. 07-03, § 4(Exh. A), adopted April 11, 2007; Ord. No. 07-07, § 2, adopted November 14, 2007.

(a)

Purpose. Special regulations are necessary to ensure public safety and reduce fire damage to structures located in areas subject to risk from wildland fires. The primary purpose of the fuel modification standards is to reduce the level of risk from wildland fires by removal of native flammable vegetation and replacement with drought-tolerant, fire-resistant plants that reduce radiant and convective heat. This planting program will provide fire-suppression forces and a safe area in which to take an action to protect life and property.

(b)

Applicability. Any development application that will require the issuance of a building permit for a primary structure(s) where property is immediately adjacent to mature flammable vegetation, shall require that a fuel modification program be approved by the Orange County Fire Authority prior to building permit issuance in conformance with Title 10.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

(a)

Purpose and intent. These regulations are provided so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. They are intended to protect the rights of the residents to engage in certain home occupations that are harmonious with a residential environment.

(b)

Home occupations permitted. Home occupations are permitted when conducted as an accessory use to a residential use in any residential zoning district.

(c)

General requirements. The establishment and conduct of home occupations shall comply with the following requirements:

(1)

All home occupations generally shall be conducted only within the enclosed area of the dwelling and shall be clearly incidental to the residential use of the structure. The business may be located in a garage, provided all off-street parking requirements for the applicable zoning district are met.

(2)

There shall be no exterior evidence of the conduct of a home occupation.

(3)

The principal character or use of the dwelling within which the home occupation is conducted shall in no way be altered (by the use of color, materials, construction, lighting, signs, sounds noises, vibrations, display of equipment, etc.) so that it may be reasonably recognized as serving a non-residential use.

(4)

No motor or mechanical equipment shall be permitted other than that normally incidental to the residential use of the structure.

(5)

Home occupations may not generate pedestrian or vehicular traffic beyond that considered normal within the surrounding neighborhood.

(6)

No storage of materials and/or supplies, indoors or outdoors, shall be permitted that will be hazardous to surrounding neighbors or detrimental to the residential character of the neighborhood.

(7)

Wholesale and retail sales of automobiles is not permitted.

(8)

Dating services are not permitted.

(9)

Fortunetelling, palm reading, psychics, and similar activities are not permitted.

(10)

Massage services are not permitted.

(11)

No more than two rooms in the dwelling or 20 percent of the residence, whichever is less, shall be employed for the use of the home occupation.

(12)

Electrical or mechanical equipment that creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside of the dwelling unit shall be prohibited.

(13)

Home occupations may not create any smoke, odor, liquid, or solid waste other than that normally incidental to residential use of the structure.

(14)

There shall be no outdoor storage or display of materials or equipment maintained on the premises.

(15)

Required residential off-street parking shall be maintained.

(16)

There shall be no signs.

(17)

There shall be no more than one employee, who is not a resident of the site where the home occupation is established, working on the premises.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

(a)

Purpose. The purpose of this Section is to establish landscaping regulations that are intended to:

(1)

Enhance the aesthetic appearance of development in all areas of the City by providing standards relating to quality, quantity and functional aspects of landscaping and landscape screening.

(2)

Increase compatibility between residential and abutting commercial and business park land uses.

(3)

Reduce the heat and glare generated by development.

(4)

Minimize impervious surfaces.

(5)

Meet Federal, State and local water quality regulations, such as the National Pollutant Discharge Elimination System (NPDES) requirements.

(6)

Protect public health, safety, and welfare by minimizing the impact of all forms of physical and visual pollution, controlling soil erosion and runoff, screening incompatible land uses, preserving the integrity of neighborhoods, and enhancing pedestrian and vehicular traffic and safety.

(b)

Application.

(1)

A concept landscape/irrigation plan, which may be included on a detailed site plan, shall be submitted as part of any application for development.

(2)

The concept plan shall meet the intent of this Section by exhibiting a generalized design layout which accurately demonstrates the desired landscaping program and its compliance with this Chapter in terms of location, irrigation system, size/scale, function, theme and similar attributes. The concept plan shall provide the City with a clear understanding of the landscaping program prior to the preparation of a detailed, comprehensive landscape/irrigation plan.

(c)

General requirements. A comprehensive landscape/irrigation plan shall be prepared after approval of the application for development. Submittal of the comprehensive plan shall be concurrent with the required grading plan(s) and other documents and reports.

This Section provides the regulations to be followed in the preparation of the comprehensive landscape/irrigation plan. In addition to the following regulations, the Development Services Director and/or City Engineer may require further information to ensure effective implementation of a comprehensive landscape/irrigation plan.

(1)

Landscaping plans shall be prepared by a landscape architect registered to practice in the State.

(2)

Where available, landscape designs shall follow local and regional guidance for approved plant lists, such as those provided by the local water district or property owner association to meet the needs of local conditions. For plants and planting materials addressing water retention areas, recommended resources include the Low Impact Development Manual for Southern California prepared by the Southern California Stormwater Monitoring Coalition, State of California Model Water Efficient Landscape Ordinance (MWELO) and Section 9.05.120 (Landscape Water Efficiency) of this Title.

(3)

Landscape design and construction shall emphasize drought-tolerant landscaping whenever/wherever possible.

(4)

A fully dimensioned comprehensive landscape/irrigation plan shall include, but not be limited to, the following:

a.

List of plants (common and Latin);

b.

Size;

c.

Location;

d.

Irrigation plan;

e.

Hardscape;

f.

Water elements;

g.

All information required pursuant to Section 9.05.120 (Landscape Water Efficiency); and

h.

Any other information deemed necessary by the Development Services Director.

(5)

The planting of trees, shrubs and ground cover shall comply with the following installation requirements:

a.

A minimum of 15 percent of the net site area shall be landscaped.

b.

Landscape areas shall have plant material selected and plant methods used which are suitable for the soil and climatic conditions of the site. Sizes of the plant materials shall conform to the following minimum mix:

1.

Trees.

Twenty percent, 24-inch box;

Fifty percent, 15-gallon; and

Thirty percent, five-gallon.

2.

Shrubs.

Sixty percent, five-gallon; and

Forty percent, one-gallon.

3.

Ground cover. Shall cover 100 percent, within one year.

In addition, mature specimen trees in 36-inch and 48-inch boxes shall be provided in groupings of at least three to provide variety and emphasis of focal areas in the landscaping plan.

c.

Trees shall be long-lived (minimum life expectancy of 60 years), clean, require little maintenance, be structurally strong, insect and disease resistant, and require little pruning.

d.

Trees, shrubs and ground cover shall be planted so that at maturity they do not interfere with utility service lines, traffic safety sight areas, and basic property rights of adjacent property owners.

e.

All plant materials (except trees) shall be sized to reach maturity within five years.

f.

Trees planted near public curbs and within public and private parking lots shall have a limited root structure and shall be installed so as to prevent physical damage to sidewalks, curbs, gutters and other public improvements. A deep root system shall be used.

g.

Where trees are planted in paved areas, they shall have a protected tree grate. Tree grates shall be cast iron with a natural finish.

h.

Concrete mow strips shall be required to separate all turf areas from other landscaped areas.

i.

Buffer planting at an average depth of 15 feet and a minimum depth of five feet shall occur along all freeways (toll roads) and major arterials in order to visually screen uses and provide noise reduction. This landscaping shall be in addition to the screening requirements outlined below.

j.

Shrubbery and creeping vines at an average depth of ten feet and a minimum depth of five feet, shall be provided along all walls and fences adjoining all public rights-of-way other than freeways (toll roads) and major arterials.

k.

When inorganic ground cover is used, it shall be in combination with live plants and shall be limited to an accent feature of no more than ten percent of the total groundcover.

l.

All landscaped areas shall have an approved automatic irrigation system(s).

m.

Prior to the issuance of a certificate of use and occupancy, all residential developments shall be provided with trees, shrubs, ground cover, and automatic irrigation systems in the front yard and that portion of the side yards visible from the public rights-of-way and shall be permanently maintained.

(6)

All automatic irrigation systems shall be required to use irrigation controllers that meet the Irrigation Association's protocol for smart controllers.

(7)

Whenever landscaping is removed from an existing site, it shall be replaced with landscaping of the same or better size, quality and quantity. Minor deviations from this standard (e.g., removal of small amounts of grass, flowers or shrubs) may be approved by the Development Services Director. Major deviations from this standard shall require the approval of an alternative development standard.

(d)

Parking lot landscaping requirements.

(1)

Landscaping is required:

a.

At interior areas not used for parking or for access/circulation within the parking lot; and

b.

In all non-hardscaped areas.

(2)

The following minimum landscape area requirements apply to parking lots:

a.

Parking lots with 21 spaces or less:

1.

Landscape five percent of interior parking area; and

2.

Minimum one 24-inch box tree for every four parking spaces.

b.

Parking lots with more than 21 spaces:

1.

Landscape ten percent of interior parking area;

2.

Minimum one 24-inch box tree for every four parking spaces.

3.

Canopy trees of mixed species that will provide 40 percent shading of the lot within 15 years; and

4.

Islands at the ends of all parking aisles with an average width of five feet, with six-inch curbs, and automatic irrigation.

(e)

Screening requirements.

(1)

Each development shall be provided with sufficient screening so that neighboring properties are effectively shielded from any potential adverse impacts of that development or so that the new development shields itself from existing potential impacts from uses already in operation and shall also adhere to the requirements in Section 9.04.070.

The following screening standards apply:

a.

A screen referred to in Subsections b., c., or d. below shall consist of one or any combination of the following:

1.

Walls including retaining walls. A wall shall consist of concrete, stone, brick, tile or other similar type of solid masonry material a minimum of six inches thick.

2.

Berms. A berm shall be constructed of earthen materials and it shall be landscaped.

3.

Fences, solid. A solid fence shall be constructed of wood, or vinyl a minimum thickness of two inches, and it shall form an opaque screen.

4.

Landscaping. Vegetation consisting of evergreen or deciduous trees or shrubs spaced, planted and maintained so as to provide an opaque screen.

b.

Abutting residential areas. An opaque screen shall be installed along all building site boundaries where the premises abut areas zoned for residential. Except as otherwise provided below, the screening shall have a total height of not less than six feet and not more than seven feet. Where there is a difference in elevation on opposite sides of the screen, the height shall be measured from the point of highest elevation.

c.

Parking areas abutting freeways (toll roads) and major arterials. An opaque screen shall be installed along all parking areas abutting freeways (toll roads) and major arterials. Except as otherwise provided below, the screening shall have a total height of not less than 36 inches and not more than 78 inches. See also Section 9.06.100.

d.

Notwithstanding the requirements listed above, where the finished elevation of the property at the boundary line, or within five feet inside the boundary line is lower than an abutting property elevation, such change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the screening requirements of this Section.

(f)

Setback and parkway treatment standards. Landscape plans for setback and parkway areas shall include, but not be limited to, the following:

(1)

Setback and parkway areas shall be properly designed and landscaped in order to establish a high level of development quality while providing for neighborhood identity where appropriate. The design shall utilize uniform street tree plantings with complementary landscape materials.

(2)

Provide a design which ensures established setback and parkway areas are landscaped and maintained, and provide a transition between landscape areas, streetscapes, and buildings.

(3)

Incorporate mounding within the overall design, with landscaped slopes not exceeding a three-to-one ratio, or three feet in height. A minimum depth of six feet of landscaping shall be placed on the exterior side of all perimeter walls and fences.

(4)

Incorporate walls and fences into the landscape design, including the special treatment of meandering walls, and wall breaks or openings where the design shall transition to the interior landscaping of the adjacent development.

(g)

Corner treatment standards. Landscape plans for any development involving corner parcels shall include additional design requirements, including, but not limited to, the following:

(1)

A minimum landscape area of 500 square feet for each corner area adjacent to a "major/primary arterial" street as described in the General Plan, and 300 square feet for each corner area adjacent to other public rights-of-way.

(2)

Incorporate significant landscape and water features, including specimen trees, coordination with wall breaks or openings, and special "city entry" image treatment at project entries.

(3)

Trees shall be a minimum of 24-inch box size with at least 25 percent of the trees 36-inch box size or greater.

(4)

Ensure that any corner landscape plan within a "traffic safety sight area" shall be designed to protect public safety.

(h)

Installation of landscaping. All required landscaping shall be properly installed, irrigated, inspected and maintained prior to the issuance of a certificate of use and occupancy.

(i)

Maintenance of landscaping.

(1)

Maintenance of approved landscaping shall consist of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, the removal and timely replacement of dead plants, and the repair and timely replacement of irrigation systems and integrated architectural features.

(2)

Prior to the issuance of a certificate of use and occupancy, the landowner shall file, with the Development Services Department, a maintenance agreement and easement subject to the approval of the City Engineer and City Attorney. The agreement and easement shall ensure that if the landowner or subsequent owner(s) fails to maintain the required/installed site improvements, the City may file an appropriate lien(s) against the property in order to accomplish the required maintenance.

(3)

Whenever landscaping is removed from an existing site, it shall be replaced with landscaping of the same or better size, quality and quantity. Minor deviations (e.g., removal of small amounts of grass, flowers or shrubs) from this standard may be approved by the Development Services Director. Major deviations from this standard shall require the approval of an alternative development standard as provided in Section 9.08.050.

(j)

Right-of-way clearance. Any landscaping that overhangs into the public right-of-way shall be kept trimmed to a minimum vertical clearance of 14 feet over streets and roadways and eight feet over sidewalks and walkways. No landscaping may encroach into the public right-of-way so as to interfere with the intended purpose of the right-of-way.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, §§ 2, 3, 11-14-2007; Ord. No. 24-07, § 20, 9-11-2024)

(a)

Lighting standards.

(1)

Exterior lighting shall be energy-efficient and shielded or recessed so that direct glare and reflections are contained within the boundaries of the parcel.

(2)

All exterior lighting shall be directed downward and away from adjoining properties and public rights-of-way.

(3)

No lighting shall blink, flash, or be overly illuminated. Over-illumination occurs when the light intensity is higher than needed for a specific activity.

(4)

All lighting fixtures shall utilize the same architectural style as the building and shall be designed to avoid direct impacts to adjacent properties.

(5)

Security lighting shall be provided throughout the site and at all entrances/exits.

(6)

Parking lot lighting shall be at least one foot-candle at all points but shall not exceed an average of three foot-candles over the entire parking lot.

(7)

Lights used in parking lots shall require a conditional use permit when they are more than 22 feet above finished grade.

(b)

Lighting plan. The Development Services Director may require a lighting plan for common open space and recreation areas in residential districts, multi-family and mixed-use development projects, commercial centers and business park developments. The lighting plan may also be required to include a photometric study demonstrating compliance with the lighting standards.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007; Ord. No. 24-07, § 21, 9-11-2024)

Editor's note— Ord. No. 13-02, § 5, adopted August 14, 2013, repealed the former Section 9.05.090 in its entirety, which pertained to noise standards, and derived from Ord. No. 07-03, § 4(Exh. A), adopted April 11, 2007, and Ord. No. 07-07, § 2, adopted November 14, 2007.

Property maintenance standards. All properties, buildings, paving, fences, walls, landscaping, and any other structures within the City shall be kept and maintained in a clean, neat, orderly, operable, and usable condition according to the following requirements:

(1)

Premises. Yards and shrubs must be properly cut. This includes front, side, and rear yards and porches visible from the public right-of-way. All of the premises must be kept clean and free of litter, debris, stored vehicles, garbage and animal waste.

(2)

Trash. All trash (such as glass, paper, dust, leaves, yard clippings, straw, wood, and metal) should be put into a garbage container for pickup by the appropriate waste hauler. Fallen trees or tree limbs are not allowed anywhere on public or private property.

(3)

Grass and weeds. Shrubbery and other vegetation should be kept neatly trimmed.

(4)

Storage buildings. These are not allowed in the front yard. Dilapidated storage buildings are not allowed anywhere.

(5)

Recreational vehicles, boats, trailers. These objects must not be placed on the front yard or the driveway. These objects may be parked in a side yard, but shall be completely screened from view from the public right-of-way.

A derelict or abandoned vehicle left on public or private property will be removed in accordance with the State Vehicle Code.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

(a)

Purpose. This Section provides regulations for special events, including temporary outdoor sales activities, retail events, and special activities such as carnivals, fairs, and large (i.e., 150 or more people) neighborhood block parties. This Section is not intended to control or regulate the normal promotional/sale activities conducted within the approved display area of a business establishment as provided for by other applicable provisions of this Title.

(b)

Special center-wide events. Special center-wide events include the temporary outdoor display and sale of merchandise, arts and crafts shows, fairs, entertainment, or similar events within a commercial center. Commercial centers may conduct such events subject to the following requirements:

(1)

Special center-wide events may be held up to three times a year over a maximum of three consecutive days per event. Centers may apply for approval for each event on an individual basis, approval of more than one event on a single application, or approval of an ongoing "special events program" specifying the dates, activities and signage for each event throughout the year. In no case shall the combined total of center-wide events plus individual sales for any business exceed six events during any calendar year.

(2)

Events shall be subject to approval of a special event permit. Applications shall be submitted to the Development Services Director by the commercial center owner or manager.

(3)

The application shall include provision for removal of temporary facilities and cleanup and restoration of the activity site within 24 hours of the conclusion of the event, unless another time limit is specified in the special event permit. The City may require a cash bond or other guarantee to be posted to ensure cleanup within the specified time limit.

(4)

The application shall be reviewed by the Orange County Fire Authority and Police Services, and the event shall comply with fire prevention standards and emergency access requirements as specified by the Battalion Chief and Chief of Police. The Development Services Director may also submit the application to other agencies for review and approval of an event.

(c)

Outdoor sales by individual businesses.

(1)

Sidewalk or parking lot sales include the temporary outdoor display and sale, by a retail business, of merchandise which is normally displayed indoors at the same location as the outdoor sale.

(2)

In addition to the center-wide events provided for in this Section, individual businesses may conduct individual sidewalk or parking lot sales. Subject to prior written consent of the center management (if applicable) and approval of a special event permit, such sales may be conducted up to three times a year over a maximum of three consecutive days per sale. In no case shall the combined total of center-wide events plus individual sales for any business exceed six events during any calendar year. Businesses may apply for approval of more than one event on a single application or for each event on an individual basis.

(d)

Car dealership special events. Car dealers desiring to hold special events to promote sales require a special event permit and are subject to the following time limits:

(1)

A maximum period of up to 24 days per event may be approved under a special event permit application issued by the Development Services Director. No more than 18 separate events totaling no more than 60 days are allowed per dealership.

(2)

No sales tents or other similar advertising structures are allowed to be used for car dealership special events.

(3)

All signage must be in compliance with the provision of Chapter 9.07.

(e)

Christmas tree and pumpkin sales facilities. The following regulations apply to temporary Christmas tree and pumpkin sales facilities:

(1)

Date of opening. Christmas tree and pumpkin sales shall adhere to the following opening dates:

a.

Christmas tree sales facilities shall not open for business prior to the day after Thanksgiving.

b.

Pumpkin sales facilities shall not open for business prior to October 1.

(2)

Merchandise to be sold. Christmas tree and pumpkin sales are limited to the following:

a.

A Christmas tree sales facility shall not engage in the sale of any merchandise not directly associated with Christmas trees and Christmas decorations.

b.

A pumpkin sales facility shall not engage in the sale of any merchandise not directly associated with pumpkins and Halloween decorations.

(3)

Removal of facility. Christmas tree and pumpkin sale facilities must meet the following removal regulations:

a.

Christmas tree sales facilities shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment of the facility within seven days after Christmas.

b.

Pumpkin sales facilities shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment of the facility within seven days after Halloween.

(f)

Farmer's markets. Farmer's markets may be held in commercial or business park centers up to once a week for a maximum of 12 hours per event subject to an approved special event permit and the requirements of Subsection (b)(4).

(g)

Off-site agricultural sales. A temporary stand for the sale of a single, seasonal agricultural product not grown on site may be permitted subject to the following requirements:

(1)

A special event permit shall be obtained. Said special event permit may be good for a period of time not to exceed 120 days.

(2)

The stand shall be limited to the sale of a single agricultural product at any one time.

(3)

The applicant shall secure an electrical permit from the Building Department if the facility is to be powered.

(4)

The facility shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment of the facility within seven days of the expiration of the permit.

(5)

The facility shall comply with the fire prevention standards as approved and enforced by the Orange County Fire Authority.

(6)

In addition to the above requirements, an approved site development permit shall be required when the sales facility is located in a residential zoning district.

(h)

Special outdoor events—Non-residential zone districts.

(1)

Special outdoor events are events of a predominantly noncommercial nature including, but not limited to, pageants, fairs, carnivals, religious or entertainment events, and large community gatherings in outdoor facilities.

(2)

Special outdoor events are permitted in all nonresidential zoning districts provided the following requirements are met:

a.

Activities conducted on property owned by or leased to the City and on public road rights-of-way shall require an encroachment permit issued by the City Engineer.

b.

Events shall not exceed ten consecutive days. Events recurring more than four times in a calendar year are not considered temporary and shall not be eligible for a special event permit.

c.

A special event permit shall be required for special outdoor events of 150 people or more, including spectators and participants.

(3)

Applications for special event permits shall be referred by the Development Services Department to other affected City departments or other public agencies as may be appropriate for review and comment. Issues including, but not limited to, security, food and water supply, use of tents and canopies, sanitation facilities, medical services, noise, signage, fire protection and traffic control, shall be satisfactorily addressed by the applicant, as required by the Development Services Director or other City departments in their administration of other City regulations. Such other regulations may require the applicant to obtain permits such as building, electrical, health and tent permits from other outside agencies. Required permits by outside agencies are the sole responsibility of the applicant.

(4)

A cash bond or other guarantee for removal of the temporary use and cleanup and restoration of the activity site within seven days of the activity conclusion may be required as a condition of the special event permit.

(5)

The applicant must provide proof to the City of minimum liability insurance in an amount determined by the City Attorney for the special event prior to approval of the special event.

(6)

The Development Services Director may also require the applicant to provide notification to affected neighboring uses. Reasonable notification requirements shall be determined by the Development Services Director.

(i)

Special outdoor events—Residential zone districts or land uses.

(1)

Within residential districts, special outdoor events may include, but are not limited to, pageants, fairs, carnivals, religious or entertainment events and neighborhood or community gatherings in outdoor facilities where vehicular traffic on any public right-of-way would be impeded by the event.

(2)

Special outdoor events are permitted in all residential zoning districts subject to the following requirements:

a.

Activities conducted on property owned by or leased to the City or on public rights-of-way shall require an encroachment permit issued by the City Engineer.

b.

Events shall not exceed three consecutive days. Events recurring more than four times in a calendar year are not considered temporary and shall not be eligible for a special event permit.

c.

A cash bond or other guarantee shall be posted with the City for removal of the temporary use and cleanup and restoration of the activity site within seven days of the conclusion of the event.

(3)

Applications for permits or certificates required by this Section shall be referred by the Development Services Department to other affected City departments or public agencies as may be appropriate for review and comment.

Issues, including but not limited to police and security, food and water supply, use of tents and canopies, sanitation facilities, medical services, noise, signage, fire protection and traffic control, shall be satisfactorily addressed by the applicant, as required by the Development Services Director or other City departments in their administration of other City regulations. Such other regulations may require the applicant to obtain permits such as building, electrical, health, tent, encroachment, and other permits. Required permits by outside agencies are the sole responsibility of the applicant.

(4)

The applicant must provide to the City proof of minimum liability insurance in an amount determined by the City Attorney for the special event prior to approval of the event.

(5)

The Development Services Director may also require the applicant to provide notification to affected residents. Reasonable notification requirements shall be determined by the Development Services Director.

(j)

Garage/yard/moving sales.

(1)

Garage sales include the display of household goods for sale in the garage, driveway, and/or front yard of a single dwelling unit. Neighborhood or community garage sales with more than five residences participating shall be subject to the additional provisions applicable to a "special outdoor events—residential zone districts or uses" identified above.

(2)

Garage sales shall be permitted as temporary accessory uses in residential zoning districts subject to the following regulations:

a.

Garage sales may be conducted a maximum of six days per calendar year per residence, and may not be conducted on more than two consecutive days.

b.

The hours of the sale shall be no earlier than 7:00 a.m. to no later than 8:00 p.m.

c.

No item for sale shall obstruct the public right-of-way.

d.

It is unlawful for any person to exchange, barter, trade or sell any of the following at a garage sale: firearms, ammunition, explosives, un-domesticated animals and livestock, any item of personal property from which the serial number has been removed, or any other item prohibited by City, County, State, or Federal law.

(k)

Estate sales.

(1)

Estate sales include sale of household goods inside the dwelling unit.

(2)

Estate sales shall be permitted as temporary accessory uses in residential zoning districts subject to the following regulations:

a.

Estate sales may be conducted a maximum of ten days per calendar year per residence, and may not be conducted on more than two consecutive weekends.

b.

The hours of the sale shall be no earlier than 7:00 a.m. to no later than 8:00 p.m.

c.

No item for sale shall obstruct the public right-of-way and shall not be located on the driveway or within the front yard.

d.

It is unlawful for any person to exchange, barter, trade or sell any of the following at an estate sale: firearms, ammunition, explosives, un-domesticated animals and livestock, any item of personal property from which the serial number has been removed, or any other item prohibited by City, County, State, or Federal law.

e.

The estate sale shall not create any significant increase in parking, traffic or circulation.

(l)

General requirements for special event permits. The following general operational conditions shall apply to all special events for which a special event permit is required:

(1)

Activities shall be restricted to that portion so designated on the site plan.

(2)

The applicant shall provide documentation to the Development Services Department of an approved site plan by the Orange County Fire Authority and Police Services for meeting public safety requirements when applicable.

(3)

The City Engineer shall review and approve the site plan regarding adequate parking and traffic circulation for both vehicular and pedestrian, including provisions for emergency ingress/egress.

(4)

Adequate space shall be provided on walkways for the passage of pedestrian traffic (minimum five feet).

(5)

The site plan and all signs shall comply with this Title and the specific design standards set forth in this Section.

(6)

Any sales activities shall be confined to the sale of the goods specified in the special event permit only.

(7)

The special event permit shall specify the event's expiration date and the removal date of all associated materials.

(8)

All signs and other display materials placed in outdoor areas shall be removed within 24 hours after the close of business on the last day of the event, unless otherwise specified by the Development Services Director in the special event permit.

(9)

Flood, laser, or search lights are not permitted unless the event involves over 500 people and is approved as part of the special event permit.

(10)

Sound systems are not permitted unless approved as part of the special event permit.

(11)

Additional conditions may be applied as determined by the Development Services Director as necessary to protect the public's health, safety, and welfare.

(12)

A special event permit does not relieve an applicant from obtaining other permits or permissions as may be required by other county, state or other agencies.

(m)

Review process.

(1)

The Development Services Director has the authority to issue special event permits pursuant to Sections 9.08.040 and 9.08.180, provided the following criteria are met and the application is consistent with any other applicable regulations in this Title:

a.

The special event shall not exceed 30 days during any 12-month period, unless otherwise permitted in this Section.

b.

The property owner has authorized the special event in writing; and

c.

The application is submitted at least 30 days prior to the scheduled activity.

(2)

If an event is of a scale (e.g., large in area or number of persons) or use that may result in extensive potential, even temporary, impacts to the community, the Development Services Director may use his/her discretion and forward the special event permit application to the Planning Commission for their decision.

(3)

Events involving over 500 people shall also require a site development permit pursuant to the provisions of Section 9.08.170.

(4)

Events which do not comply with the regulations contained within this Section shall also require a site development permit pursuant to the provisions of Section 9.08.170.

(n)

Application information. The Development Services Director shall prescribe the type and form of information required to process the special event permit.

(o)

Signs. Temporary signs associated with special events are permitted as provided in Chapter 9.07 and Tables 9.07.1 and 9.07.3.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, §§ 2, 3, 11-14-2007)

(a)

Purpose.

(1)

The State Legislature has found that:

a.

The waters of the State are of limited supply and are subject to ever increasing demands;

b.

The continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses;

c.

It is the policy of the State to promote the conservation and efficient use of water and to prevent the waste of this valuable resource;

d.

Landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development;

e.

Landscape design, installation, maintenance, and management can and should be water efficient; and

f.

Article X, Section 2 of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served, and the right does not and shall not extend to waste or unreasonable method of use of water.

(b)

Applicability.

(1)

Beginning February 1, 2016, and consistent with Executive Order No. B-29-15, this Section shall apply to the following landscape projects:

a.

New landscape projects with an aggregate landscape area equal to or greater than 500 square feet, requiring a building or landscape permit, plan check or design review;

b.

Rehabilitated landscape projects with an aggregate landscaped area equal to or greater than 2,500 square feet, requiring a building or landscape permit, plan check or design review;

c.

New or rehabilitated landscape projects with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this Section or conform to the prescriptive measures contained in Appendix A of the Guidelines;

d.

New or rehabilitated project using treated or untreated graywater or rainwater capture on site, any lot or parcels within the project that has less than 2,500 square feet of landscape area and meets the lot or parcel's landscape water requirement (estimated total water use) entirely with the treated or untreated graywater or through stored rainwater capture on site is subject only to Appendix A of the Guidelines.

(2)

Subsection (d)(2) of the Landscape Water Use Standards of this Section shall apply to:

a.

All landscaped areas, whether installed prior to or after January 1, 2010; and

b.

All landscaped areas installed after February 1, 2016, to which Subsection (b)(1) is applicable.

(3)

This Section does not apply to:

a.

Registered local, State, or Federal historical sites;

b.

Ecological restoration projects that do not require a permanent irrigation system;

c.

Mined-land reclamation projects that do not require a permanent irrigation system; or

d.

Plant collections, as part of botanical gardens and arboretums open to the public.

(c)

Implementation procedures.

(1)

Prior to installation, a landscape documentation package shall be submitted to the City for review and approval of all landscape projects subject to the provisions of this Section. Any landscape documentation package submitted to the City shall comply with the provisions of the Guidelines.

(2)

The landscape documentation package shall include a certification by a professional appropriately licensed in the State of California stating that the landscape design and water use calculations have been prepared by or under the supervision of the licensed professional and are certified to be in compliance with the provisions of this Section and the Guidelines.

a.

Landscape and irrigation plans shall be submitted to the City for review and approval with appropriate water use calculations.

b.

Water use calculations shall be consistent with calculations contained in the Guidelines and shall be provided to the local water purveyor under procedures determined by the City.

c.

Verification of compliance of the landscape installation with the approved plans shall be obtained through a certification of completion in conjunction with a certificate of use and occupancy or permit final process, as provided in the Guidelines.

(d)

Landscape water use standards.

(1)

For applicable landscape installation or rehabilitation projects subject to Subsection (b)(1), the estimated applied water use allowed for the landscaped area shall not exceed the MAWA calculated using an ET adjustment factor of 0.7, except for special landscaped areas where the MAWA is calculated using an ET adjustment factor of 1.0; or the design of the landscaped area shall otherwise be shown to be equivalently water-efficient in a manner acceptable to the City; as provided in the Guidelines.

(2)

Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules and requirements, and shall be subject to penalties and incentives for water conservation and water waste prevention as determined and implemented by the local water purveyor or as mutually agreed by the local water purveyor and the City.

(e)

Delegation. The City may delegate to, or enter into a contract with, a local agency to implement, administer, and/or enforce any of the provisions of this Section on behalf of the City.

(f)

Definitions. The following definitions are applicable to this Section:

Applied water means the portion of water supplied by the irrigation system to the landscape.

Budget-based tiered-rate structure means tiered or block rates for irrigation accounts charged by the retail water agency in which the block definition for each customer is derived from lot size or irrigated area and the evapotranspiration requirements of landscaping.

Ecological restoration project means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

Estimated applied water use means the average annual total amount of water estimated to be necessary to keep plants in a healthy state, calculated as provided in the Guidelines. It is based on the reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the relative irrigation efficiency of the irrigation system.

ET adjustment factor or ETAF is equal to the plant factor divided by the irrigation efficiency factor for a landscape project, as described in the Guidelines. The ETAF is calculated in the context of local reference evapotranspiration, using site-specific plant factors and irrigation efficiency factors that influence the amount of water that needs to be applied to the specific landscaped area.

A combined plant mix with a site-wide average plant factor of 0.5 (indicating a moderate water need) and average irrigation efficiency of 0.71 produces an ET adjustment factor of (0.7) = (0.5/0.71), which is the standard of water use efficiency generally required by this Section and the Guidelines, except that the ETAF for a special landscape area shall not exceed 1.0.

Guidelines refers to the Guidelines for Implementation of the Water Efficient Landscape Ordinance, as adopted by the City Council, and as subsequently amended by resolution of the City Council, which describes procedures, calculations, and requirements for landscape projects subject to this Section.

Hardscapes means any durable material or feature (pervious and non-pervious) installed in or around a landscaped area, such as pavements or walls. Pools and other water features are considered part of the landscaped area and not considered hardscapes for purposes of this Section.

Irrigation efficiency means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this Section are 0.75 for overhead spray devices and 0.81 for drip systems.

Landscaped area means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance and estimated applied water use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).

Landscape contractor means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

Landscape documentation package means the documents required to be provided to the City for review and approval of landscape design projects, as described in the Guidelines.

Landscape project means total area of landscape in a project, as provided in the definition of "landscaped area," meeting the requirements under Subsection (b).

Local agency means a local water purveyor or city or county, including a charter city or charter county, that is authorized to implement, administer, and/or enforce any of the provisions of this Section. The local agency may be responsible for the enforcement or delegation of enforcement of this Section, including, but not limited to, design review, plan check, issuance of permits, and inspection of a landscape project.

Local water purveyor means any entity, including a public agency, city, county, or private water company that provides retail water service.

Maximum applied water allowance or MAWA means the upper limit of annual applied water for the established landscaped area as specified in the Guidelines. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscaped area. The estimated applied water use shall not exceed the maximum applied water allowance. MAWA = (ETo)(0.62)[(ETAF x LA) + ((1-ETAF) x SLA)]

Mined-land reclamation projects means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

New construction means, for the purposes of this Section, a new building with a landscape or other new landscape such as a park, playground, or greenbelt without an associated building.

Non-pervious means any surface or natural material that does not allow for the passage of water through the material and into the underlying soil.

Pervious means any surface or material that allows the passage of water through the material and into the underlying soil.

Permit means an authorizing document issued by local agencies for new construction or rehabilitated landscape.

Plant factor or plant water use factor is a factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of this Section, the plant factor range for very low water use plants is 0 to 0.1; the plant factor range for low water use plants is 0.1 to 0.3; the plant factor range for moderate water use plants is 0.4 to 0.6; and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this Section are derived from the publication "Water Use Classification of Landscape Species." Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR).

Recycled water or reclaimed water means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.

Reference evapotranspiration or ETo means a standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in the Guidelines, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowances.

Rehabilitated landscape means any re-landscaping project that meets the applicability criteria of Subsection (b)(1), where the modified landscape area is greater than 2,500 square feet.

Smart automatic irrigation controller means an automatic timing device used to remotely control valves that operate an irrigation system and which schedules irrigation events using either evapotranspiration (weather-based) or soil moisture data.

Special landscape area means an area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens, areas irrigated with recycled water, water features using recycled water, and recreational areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface.

Turf means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustinge grass, Zoysia grass, and Buffalo grass are warm-season grasses.

Valve means a device used to control the flow of water in an irrigation system.

Water feature means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands used for on-site wastewater treatment, habitat protection or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation.

(Ord. No. 09-06, § 1, 9-9-2009; Ord. No. 16-02, § 4, 2-10-2016)

(a)

Purpose. The purpose of this Section is to establish the process for making and evaluating a request for reasonable accommodation. For purposes of this Section, the term "disabled" or "disability" shall have the same meaning as that term is defined by State law.

(b)

Application.

(1)

Any person who requests reasonable accommodation, because of a disability, in the application of a zoning or building law, policy or procedure, which may act as a barrier to fair housing opportunities, may do so by filing a completed application with the Development Services Director.

(2)

If the application for which the request is being made also requires some other approval, permit or entitlement, the applicant shall file the request together with the application for such approval, permit or entitlement.

(c)

Required information. The applicant shall provide the following information:

(1)

Applicant's name, address, and telephone number;

(2)

Address of the property for which the request is being made;

(3)

The current actual use of the property;

(4)

A description of the accommodation requested including reference to the Zoning Code provision, policy or procedure from which modification is being requested;

(5)

The basis for the claim that the applicant is considered disabled; and

(6)

A detailed explanation of why the accommodation is reasonable and why the accommodation is necessary to afford the applicant an equal opportunity to use and enjoy a specific dwelling in the City.

(d)

Procedure. The Development Services Director shall review each application for reasonable accommodation according to the procedures established in Section 9.8.040 Administrative Approvals.

Written notice of a request for reasonable accommodation shall be given as follows:

(1)

In the event that there is no approval sought other than the request for reasonable accommodation, the notice shall be mailed to the owners of record of all properties which are immediately adjacent to the property which is the subject of the request.

(2)

In the event that the request is being made in conjunction with some other approval, permit or entitlement, the notice shall be transmitted along with the notice of the other proceeding.

(e)

Findings.

(1)

The written decision to grant or deny a request for reasonable accommodation shall be based on consideration of the following factors:

a.

Whether the housing, which is the subject of the request, will be used by an individual with a disability.

b.

Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability.

c.

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City.

d.

Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to land use or zoning.

e.

Whether the requested reasonable accommodation will have potentially adverse impact on surrounding uses.

f.

Whether the physical attributes of the property and structures justify the requested reasonable accommodation.

g.

Whether the requested reasonable accommodation will provide an equivalent level of benefit as the neighbors.

(2)

In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required above.

(Ord. No. 11-02, § 11, 4-27-2011)

Editor's note— Ord. No. 11-02, § 11, adopted April 27, 2011, enacted provisions intended for use as Section 9.05.120. Inasmuch as there are already provisions so designated, and at the discretion of the editor, said provisions have been redesignated as Section 9.05.130.

(a)

Purpose. In order to protect the public health, safety, and welfare of the residents and businesses within the City, the declared purpose of this Chapter is to prohibit marijuana-related businesses and/or activities as stated in this Chapter.

(b)

Definitions. In addition to any other definitions contained in the Municipal Code, the following words and phrases shall, for the purpose of this Chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with any current provisions of the Municipal Code, these definitions shall prevail.

(1)

Identification card. A document issued by the State Department of Health Services which identifies a person authorized to engage in the medical use of marijuana and the person's designated primary caregiver, if any.

(2)

Marijuana. For purposes of this Chapter, "marijuana" shall have the same meaning as is defined by Health and Safety Code § 11018 and the term "cannabis" as that term is defined by California Business and Professions Code § 19300.5(f). If the definition under State law is amended, the City's definition shall be as amended. "Marijuana" shall also mean any "cannabinoid" as defined by Business and Professions Code § 19300.5(e), "cannabis concentrate" as defined by Business and Professions Code § 19300.5(g), "edible cannabis product" as defined by Business and Professions Code § 19300.5(s), "manufactured cannabis" as defined by Business and Professions Code § 19300.5(ac), "medical cannabis" as defined by Business and Professions Code § 19300.5(af), and "topical cannabis" as defined by Business and Professions Code § 19300.5(al), as those Sections exist as of January 1, 2016 or as amended thereafter.

(3)

Marijuana business. Any activity, whether or not carried out for commercial gain, which involves cultivation, possession, manufacture, processing, storage, laboratory testing, labeling, transportation, distribution, or sale of marijuana or any marijuana-infused products. This definition shall include any of the foregoing activities conducted by or on behalf of a qualified patient or the primary caregiver of a qualified patient. All references in this chapter to "marijuana business," shall be synonymous with "marijuana dispensary," "mobile marijuana dispensary," and "marijuana cultivation site," which are defined in this Section. The term "marijuana business" shall not include "personal cultivation of marijuana," as defined in this Section.

(4)

Marijuana cultivation site. Any location, whether indoor or outdoor, where marijuana is planted, grown, harvested, dried, cured, graded, or trimmed, or upon which all or any combination of those activities occurs. The term "marijuana cultivation site" shall not include "personal cultivation of marijuana," as defined in this Section.

(5)

Marijuana dispensary. Any dispensary, facility, cooperative, club, individual, business, group, collective, establishment or other association with a storefront or mobile retail outlet where marijuana, in any form, whether for medical, recreational, or any other purpose, is transferred to any person, firm, corporation, association, club, society, or other organization, regardless of whether that activity is undertaken on a for-profit or non-profit basis, or any combination thereof, and regardless of whether the activity is for compensation or is gratuitous.

(6)

Mobile marijuana dispensary. Any marijuana dispensary, facility, cooperative, club, individual, business, group, collective, establishment or other association with or without a storefront or mobile retail outlet, which engages in the transportation or delivery of marijuana or any marijuana-infused products. For purposes of this Chapter, "delivery" shall mean the transfer of marijuana or other marijuana-infused products from a marijuana dispensary or a marijuana testing laboratory to any person, firm, corporation, association, club, society, or other organization, including, but not limited to, any owner, manager, proprietor, employee, volunteer, or salesperson, and shall also include the use by a marijuana dispensary of any technology platform owned and controlled by the dispensary that enables any person or entity to arrange for, or facilitate the transfer of marijuana or any marijuana-infused products.

(7)

Personal cultivation of marijuana. The possession, planting, cultivation, harvesting, drying, or processing of not more than six living marijuana plants and possession of the marijuana produced by the plants by persons 21 years of age or older inside a person's private residence or inside an accessory structure to a person's private residence located upon the grounds of a person's private residence that is fully enclosed and secure as authorized by Health and Safety Code Sections 11362.1 and 11362.2, as may be amended, and subject to the following limitations: (a) not more than six living plants may be planted, cultivated, harvested, dried, or processed within a person's single private residence or inside an accessory structure to a person's private residence that is fully enclosed and secure, at one time; and (b) the living plants and any marijuana produced by the plants in excess of 28.5 grams shall be kept in a locked space, and shall not be visible by normal unaided vision from a public place. The term "personal cultivation of marijuana" shall not include the planting, cultivation, harvesting, drying, or processing of marijuana plants outdoors upon the grounds of a person's private residence.

(8)

Physician. An individual who possesses a recognition in good standing to practice medicine or osteopathy issued by the Medical Board of California or the Osteopathic Medical Board of California and who has taken responsibility for an aspect of the medical care, treatment, diagnosis, counseling, or referral of a patient and who has conducted a medical examination of that patient before recording in the patient's medical record the physician's assessment of whether the patient has a serious medical condition and whether the medical use of marijuana is appropriate.

(9)

Primary caregiver. The individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person.

(10)

Private residence. For purposes of this Chapter, "private residence" shall have the same meaning as is defined by Health and Safety Code section 11362.2(b)(5) (i.e., a house, an apartment unit, a mobile home, or similar dwelling), as may be amended.

(11)

Qualified patient. A person who is entitled to the protections of California Health and Safety Code Section 11362.5, but who does not have an identification card issued by the State Department of Health Services.

(c)

Marijuana businesses prohibited.

(1)

It is unlawful for any person or entity to own, manage, conduct or operate any marijuana business, or to participate as an employee, contractor, agent, volunteer, or in any other capacity, in any marijuana business in the City of Rancho Santa Margarita. Further, it is unlawful for the owner of any property located within the City to in any way authorize or permit use of their property for purposes of operation of any marijuana business.

(2)

Marijuana dispensaries and marijuana businesses are prohibited land uses in every zoning district within the City.

(3)

Mobile marijuana dispensaries are prohibited from delivering and/or transporting marijuana to any location in every zoning district in the City, regardless of the location of the primary place of business of the mobile marijuana dispensary or of the location where delivery of marijuana originated.

(4)

Marijuana cultivation sites are prohibited from operating in every zoning district in the City. It is unlawful for any person or entity to own, manage, conduct or operate any marijuana cultivation site, or to participate as an employee, contractor, agent, volunteer, or in any other capacity, in any marijuana cultivation site in the City.

(5)

No certificate of use and occupancy, zoning clearance, or other permit or entitlement for use shall be legally valid if issued to any marijuana business proposed to operate or to be established in the City.

(6)

The planting, cultivation, harvesting, drying, or processing of marijuana plants outdoors upon the grounds of a person's private residence is prohibited in every zoning district in the City.

(d)

Public nuisance declared. Operation of any marijuana business within the City in violation of the provisions of this Chapter is hereby declared a public nuisance and may be abated by all available means.

(e)

Use or activity prohibited by State or Federal law. Nothing contained in this Chapter shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any State or Federal law.

(f)

Violations. Any owner, operator, manager, employee, independent contractor, associate, or volunteer of a marijuana business who violates, or any such person or entity that permits, or aids in the violation of, any of these provisions regulating marijuana businesses, which shall include, but not be limited to, property owners and/or property managers of the real property where such marijuana business is conducted, shall be subject to all remedies available under Chapter 1.03 of this Code, as well as be subject to any and all available civil or administrative remedies as may be available under local, State, or Federal law. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.

(g)

Regulations non-exclusive. The provisions of this Chapter regulating marijuana businesses are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the City Council of the City of Rancho Santa Margarita.

(Ord. No. 16-05, § 3, 10-12-2016; Ord. No. 17-02, §§ 3, 4, 5-24-2017)