Stanton City Zoning Code
ARTICLE 4
Standards for Specific Land Uses
§ 20.400.010 Purpose.
This Chapter provides site planning, development, and/or operating standards for land uses and activities that require special standards to mitigate their potential adverse impacts or that can be permitted by right provided that they conform to the standards.
(Ord. 1017, 2013)
§ 20.400.020 Applicability.
A.
Where located. The land use table in Article 2 (Zone-Specific Standards) and the characteristics of the use, as defined in Article 7 (Definitions), determine where a specific land use is located and when the standards apply.
B.
Applicable provisions. The land uses and associated activities shall comply with the provisions in each Section that apply to the specific use, in addition to all other applicable provisions of this Zoning Code. In the event of a conflict between the requirements of this Chapter and those elsewhere in this Zoning Code, the requirements of this Chapter shall control.
(Ord. 1017, 2013)
§ 20.400.030 Alcohol Sales.
This Section provides standards for the establishment and operation of establishments that sell alcoholic beverages for on-site and/or off-site consumption, where allowed in compliance with Article 2 (Zones, Allowed Land Uses, and Zone-Specific Standards).
A.
Uses Exempt from Conditional Use Permit. The following uses shall be exempt from obtaining a Conditional Use Permit:
1.
Florist shops offering the sale of a bottle of an alcoholic beverage together as a component of a floral arrangement.
2.
Retail markets over 10,000 square feet with no more than five percent of their floor area devoted to sales, display, and storage of alcoholic beverages, provided that the sale of beverages is not carried on in conjunction with the sale of gasoline. Notwithstanding the forgoing, these retail markets shall comply with all separation and other requirements established by State law.
B.
Uses Requiring a Conditional Use Permit. The following uses that sell alcoholic beverages for on-site or off-site consumption and operate under an Alcoholic Beverage Control (ABC) license shall obtain a Conditional Use Permit in compliance with Chapter 20.500 (Permit Application Filing and Processing) including the following:
1.
Bona fide public eating places whose predominant function is the service of food and where on-site sales of alcoholic beverages are incidental or secondary. Bona fide public eating places are defined by the California Department of Alcoholic Beverage Control.
2.
A bar, tavern, lounge, or nightclub that is an incidental use to a bona fide public eating place. A bar, cocktail lounge, nightclub, tavern or any other use that is incidental to the bona fide public eating place shall be limited to occupying no more than 35 percent of the total net floor area of the bona fide eating place's dining area.
3.
Any service of alcoholic beverages outside, regardless of number of seats provided.
4.
Bars, lounges, taverns and nightclubs.
5.
An application for an original or new ABC license, including for otherwise allowed or conditionally allowed uses.
6.
Any change in the type of existing ABC license (e.g., an upgrade from sale of beer and wine to sale of spirits, etc.).
7.
A transfer of an ABC license from one property to another.
8.
Any increase in the floor area in an ABC-licensed establishment.
9.
Any change in operating conditions from what was originally imposed by the City or ABC.
10.
A request to establish live entertainment or dancing in an ABC-licensed establishment.
11.
Any ABC-licensed establishment that has its license revoked or suspended; surrenders its license to ABC; discontinues use of the license for 180 days; has its Conditional Use Permit revoked; or vacates the property, shall obtain a new Conditional Use Permit before reestablishing the use.
C.
Alcohol Beverage Control (ABC) License. All establishments that offer the sale of alcoholic beverages for on-site or off-site consumption shall obtain and maintain the appropriate Alcohol Beverage Control (ABC) License from the State of California and business license from the City of Stanton.
D.
Development Standards.
1.
Minimum Separation Distances.
a.
Establishments that sell, serve, or give away alcohol for on-site or off-site consumption including bars, taverns, cocktail lounges and nightclubs shall be located a minimum distance of:
(1)
500 feet away from any existing religious institution, school, or public park at the time of the establishment of the use.
(2)
100 feet away from any residentially-zoned property.
(3)
300 feet away from another establishment that sells alcoholic beverages and that is not classified as a bona-fide public eating place.
b.
The following establishments shall be exempt from these minimum separation distances:
(1)
Bona-fide public eating places that sell, serve, or give away alcoholic beverages;
(2)
Retail markets over 10,000 square feet with no more than 10 percent of their floor area devoted to sales, display and storage of alcoholic beverages. Notwithstanding the foregoing, these retail markets shall comply with all separation and other requirements established by State law; and
(3)
Retail markets associated with service stations with no more than five percent of their floor area devoted to sales display and storage of alcoholic beverages. Notwithstanding the foregoing, these retail markets shall comply with all separation and other requirements established by State law and are subject to the following requirements:
i.
A business shall not sell any type of quantity of alcoholic beverages between the hours of 2:00 a.m. and 6:00 a.m. per California State law.
ii.
A height marker shall be placed at each exit to enable witnesses to a crime to estimate the height of the perpetrator.
iii.
A minimum of two signs shall be posted in prominent locations to inform patrons that no alcoholic beverages shall be consumed on the premises.
iv.
Alcoholic beverage containers shall not be placed in opaque bags or boxes at or after the time of sale except where the volume of alcohol purchased is in excess of three liters.
(4)
Mixed Use Projects within Mixed-Use Overlay Areas or Mixed-Use Districts as Designated by the Zoning Map or a Specific Plan. On-sale or off-sale establishments within mixed-use development projects shall be subject to provisions of subsection D.1.b.3, above, and the following requirements:
2.
Maximum Floor Area. A bar, cocktail lounge, nightclub, tavern or any other use that is incidental to the bona fide public eating place shall be limited to occupying a maximum of 35 percent of the total net floor area of the bona fide public eating place's dining area.
E.
Operating Standards.
1.
When Customers Prohibited On-Site. As required by Municipal Code Section 9.04.020 (Alcoholic Beverages - On-sale premises), between the hours of two a.m. and six a.m. only bona fide employees of the business that sells, serves, or gives away alcoholic beverages for on-site consumption shall be allowed to remain on the premises, whether locked or not.
2.
Duty to Post Signs. An owner/operator of premises where alcoholic beverages are sold, served, or given away shall post signs in compliance with Municipal Code Section 9.54.030 (Duty to Post Signs).
3.
Recordkeeping. A bona fide public eating place with incidental alcohol beverage sales shall keep records of food sales separate from records of alcoholic beverage sales and shall make the records available to the City inspection personnel upon request for inspection purposes.
F.
Permit Conditions. In approving a Conditional Use Permit to establish a use selling alcoholic beverages, the review authority may impose conditions (e.g., security and safety measures, lighting, noise buffers, parking, etc.) on the use to ensure that it operates in a manner that provides adequate protection of the public health, safety, and general welfare.
G.
Findings. In determining whether to approve a Conditional Use Permit application for alcoholic beverage sales and the conditions to impose on the use, the review authority shall first make all of the following findings in addition to the findings required in Section 20.550.060 (Findings and Decision):
1.
The proposed use will not be detrimental to surrounding properties and neighborhoods including ensuring that the use does not contribute to loitering, public drunkenness, noise, obstructing pedestrian and vehicular traffic, parking, crime, interference with pedestrian corridors used by children, defacement and damage to structures;
2.
The proposed use will not adversely impact the suitability of adjacent commercially zoned properties for commercial uses;
3.
The proposed use will not adversely affect the welfare of residents in the area or result in an undue concentration in the neighborhood of establishments dispensing alcoholic beverages, including beer and wine. For purposes of this Subparagraph, "undue concentration" shall be as defined in Business and Professions Code Section 23958.4; and
4.
Notwithstanding subsection G.3 above, the review authority may approve a Conditional Use Permit despite an undue concentration of establishments dispensing alcoholic beverages, as defined in Business and Professions Code Section 23958.4, if the review authority first finds that the public convenience and necessity would be served by the issuance of the Conditional Use Permit and the use otherwise meets the findings of this Subsection.
(Ord. 1017, 2013; Ord. 1144, 8/27/2024)
§ 20.400.040 Animal Keeping.
This Section provides standards for animal-keeping where allowed in compliance with Article 2 (Zones, Allowed Uses, and Zone Specific Standards). These provisions are intended to ensure that animal-keeping activities do not adversely impact adjacent properties by reason of bright lights, dust, insect infestations, noise, odor, or visual blight.
A.
Animal-keeping standards. Animal-keeping shall comply with the standards in Table 4-1 (Animal-Keeping Standards).
Table 4-1 Animal-Keeping Standards | ||||||
|---|---|---|---|---|---|---|
Type of Animal | Maximum Number of Animals per Lot (3) | Minimum Lot Size | Minimum Distance from Dwelling Unit on Adjacent Property | Other Requirements | Zoning Districts Where Allowed | Required Permit |
Cats and/or dogs | Total 3 animals, any combination | None | None | RE, RL, RM, RH (1) | ||
Horse, donkey, cow, steer, llama, mule or pony (noncommercial) | 1 animal | 16,000-20,000 SF | 50 ft per animal (an additional 10 ft per each additional animal) | Minimum 384 sq ft of corral space and 96 sq ft of usable covered shelter per hoofed animal | RE (2) | MUP |
2 animals | 20,001-30,000 SF | |||||
3 animals | 30,001-40,000 SF | |||||
4 animals | 40,001+ SF | |||||
Each additional animal | Each additional 20,000 SF | |||||
Small livestock—goats, sheep, dwarf pig (noncommercial) | 2 animals | 16,000-20,000 SF | 50 ft per animal (an additional 10 ft per each additional animal) | RE (2) | MUP | |
3 animals | 20,001-25,000 SF | |||||
4 animals | 25,001-30,000 SF | |||||
5 animals | 30,001-35,000 SF | |||||
6 animals | 35,001-40,000 SF | |||||
Each additional animal | Each additional 5,000 SF | |||||
Rodents, chickens, and similar animals (noncommercial) | 8 animals | 16,000-20,000 SF | 50 ft | Roosters are prohibited. | RE | None |
12 animals | 20,001-25,000 SF | |||||
16 animals | 25,001-30,000 SF | |||||
20 animals | 30,001-35,000 SF | |||||
24 animals | 35,001-40,000 SF | |||||
Each additional 4 animals | Each additional 5,000 SF | |||||
Apiary (Bees) (noncommercial) | Up to 5 hives | 20,000 SF or more | 50 ft | See Subsection 20.400.040.B. | RE | MUP |
Aviary (Pigeons) (noncommercial) | 3 pigeons | None | None | All | None | |
4-100 pigeons | 20,000 SF | 50 ft | See Subsection 20.400.040.C. | RE | CUP | |
Exotic or wild animals | Prohibited except in a permitted zoo or in an educational institution for the purpose of instruction. | |||||
Notes: | |
|---|---|
(1) | Includes existing residential uses in commercial zones. |
(2) | Domesticated and farm-type animals (e.g., horses, mules, goats, cows, sheep, etc.) may be kept in commercial zones only in association with animal hospital facilities, permitted equestrian centers, and theme recreation parks. |
(3) | Offspring shall be allowed in addition to maximum number until the offspring reach four months of age. |
B.
Beekeeping/apiaries. In addition to the requirements in Table 4-1 (Animal-Keeping Standards), the following shall apply:
2.
Registration. Persons keeping honey bees shall register the hives with the following agencies:
a.
Department, on a form provided or approved by the Department, containing the beekeeper's name, address, telephone, e-mail and fax numbers, emergency contact information, and location of the hive, and they shall notify the Department within 10 business days of any changes to such information.
b.
Orange County Agriculture Commissioner, as required by the Apiary Protection Act (Food and Agriculture Code Section 29000 et seq.).
c.
County's Animal Control Office.
3.
Inspections. The Director or the Animal Control Officer is authorized to enter upon private property at reasonable times to inspect the hives.
4.
Hive identification. In compliance with Food & Agricultural Code Section 29046, it is mandatory to prominently display the hive owner's name, address and telephone number on a sign in black letters not less than one inch in height on a background of contrasting colors located at the entrance side of the apiary.
5.
Hive placement.
a.
Hives shall be located at least five feet from all property lines.
b.
Hive entrances shall face away from or parallel to the nearest property line(s).
c.
Hives shall either be screened so that the bees must fly over a six-foot barrier, which may be vegetative, before leaving the property, or be placed at least eight-feet above the adjacent ground level.
6.
Hive management.
a.
All bee colonies shall be kept in inspectable hives consisting of moveable frames and combs.
b.
Hives shall be kept in sound and usable condition at all times.
c.
Hives shall be continually managed to provide adequate living-space for their resident bees to prevent swarming.
d.
Hives shall be requeened at least once every two years to prevent swarming.
e.
A water source for bees shall be provided at all times on the property where the bees are kept to discourage bee visitation at swimming pools, hose bibs, and other water sources on adjacent public or private property.
f.
Hive maintenance materials or equipment shall be stored in a sealed container or placed within a building or other bee-proof enclosure.
7.
Nuisance. Bees or hives shall be considered a public nuisance when any of the following occurs:
C.
Racing/homing pigeons/aviaries.
1.
Up to 100 racing/homing pigeons may be kept on a lot that contains at least one dwelling unit. The Director may reduce the maximum allowable number if the Director determines that the lot size and/or the number of dwelling units on a lot and/or the nature or location of surrounding uses requires a lesser number.
2.
Up to 40 racing/homing pigeons may be released at any one time for flight exercise or training purposes. A maximum of two flights shall be allowed within any 24-hour period.
3.
Racing/homing pigeons shall only be released to fly between the hours of 7:00 a.m. and 7:00 p.m. In the case of racing pigeons, these time restrictions shall not apply when the racing pigeons have been released from a distant location, in which case, the racing pigeons will be allowed to fly into the loft upon their return.
4.
Racing/homing pigeons shall be kept, maintained and fed in an enclosed loft, pen, coop, pigeon house, or other similar structure (collectively "loft"), not to exceed seven feet in height, and that is capable of confining the racing/homing pigeons until the time of release. The structure shall require a Building Permit if it exceeds 120 square feet in size.
5.
Racing/homing pigeon lofts shall be located on the rear one-third of the property at a distance no less than 20 feet from all adjacent habitable structures.
6.
Racing/homing pigeon lofts or structures shall be kept and maintained in a sanitary condition, all refuse and droppings removed from the premises at least once each calendar week, and all rules and regulations of all the governmental agencies having jurisdiction shall be met. Failure to comply with these standards shall be cause for revocation of any Conditional Use Permit granted.
7.
The property and all structures, including roofs, driveways, and walkways, on the property shall be maintained in a clean manner, void of excessive pigeon droppings.
8.
Commercial business or breeding activities shall be prohibited.
9.
The owner of the racing/homing pigeons shall be a member of the California State Racing Pigeon Association, the American Racing Pigeon Union, Inc., or other generally recognized pigeon racing organization with annual registration by licensee of the individual birds. Pigeons shall be identifiable by a numbered leg band issued by a recognized national or state pigeon organization.
D.
Permit conditions. Where Table 4-1 (Animal-Keeping Standards) requires a Minor Use Permit or a Conditional Use Permit, the review authority shall evaluate how the proposed animals will be housed and/or confined, and whether the location, size, and design of the area for animal keeping on the site will be adequate to allow compliance with the other standards of this Section without unreasonable effort on the part of the animal manager. In approving a Minor Use Permit or Conditional Use Permit, the review authority may limit the maximum number of animals allowed on the site as appropriate to the characteristics of the site, the surrounding land uses, and the species of animals proposed.
(Ord. 1017, 2013)
§ 20.400.050 Animal Sales and Services.
This Section provides standards for various animal sales and services establishments for the purpose of protecting residents from any potentially adverse effects caused by the animals. The keeping of animals may also be subject to the requirements of Section 20.400.040 (Animal Keeping).
A.
Animal boarding/kennels. See Section 20.400.040 (Animal Keeping).
B.
Animal grooming. Animal grooming facilities shall be entirely enclosed, soundproofed, and air-conditioned. Boarding of animals, outside runs or cages, outside trash containers, and offensive odors shall be prohibited.
C.
Animal hospitals/clinics. Animal hospitals/clinics shall be entirely enclosed, soundproofed, and air-conditioned. Outside runs of cages, outside trash containers, and offensive odors shall be prohibited. Animal cremation shall be prohibited. Grooming activities shall be incidental to the hospital/clinic use. Temporary boarding of animals during their convalescence shall be allowed; all other boarding shall be prohibited.
D.
Animal retail sales. Animal retail sales establishments shall be entirely enclosed, soundproofed, and air-conditioned. Boarding of animals not offered for sale, outside runs or cages, outside trash containers, and offensive odors shall be prohibited. Grooming activities shall be incidental to the retail use.
(Ord. 1017, 2013)
§ 20.400.060 Assembly/Meeting Facilities.
This Section provides standards for assembly/meeting facilities, where allowed by Article 2 (Zones, Allowed Uses, and Zone-Specific Standards).
A.
Storefront assembly/meeting facilities. Storefront assembly/meeting facilities may be allowed within a multitenant commercial center.
B.
Freestanding assembly/meeting facilities. Assembly/meeting facilities in a freestanding building may be allowed subject to the following:
1.
Sites for assembly/meeting facilities shall abut and be accessible from at least one public right-of-way with a minimum designation of a primary arterial, as identified in General Plan Exhibit 5-1 (Roadway Classifications) in the Infrastructure and Community Services Element.
2.
The minimum site area shall be one acre.
3.
The site's street frontage shall be at least 100 feet in width.
4.
Setbacks.
b.
Front setback - accessory structures. The front setback for accessory structures shall be the same as the front setback specified for the zone where located, provided the structures have no entrance facing the front setback area.
c.
Front - parking area. The front setback for an off-street parking area shall be no less than that required for the zone in which the parking area is located, provided that a three-foot high solid masonry wall in the PI zone and a three and one-half foot high solid masonry wall in all other zones is provided between the parking area and the front setback line.
d.
Side setback.
(1)
Main structures shall be set back a minimum of 20 feet in the PI zone and 25 feet in all other zones from a lot line that is common with a residentially-zoned property.
(2)
Accessory structures shall be set back a minimum of 10 feet, with an additional five feet at ground level for each additional story over the first.
5.
Limitations on lot coverage by structures in Article 2 (Zones, Allowed Uses, and Zone-Specific Standards) shall not apply if parking requirements, landscape requirements, and other development standards are met.
6.
A solid wall not less than six feet in height shall be constructed and maintained on any lot lines adjoining residentially-zoned property, provided the wall does not extend into any required front setback. The walls may be built progressively as the site is improved.
7.
On interior lots, the required side setbacks may be used to provide off-street parking areas.
8.
Outdoor lights that illuminate parking areas or structures shall direct the light away from adjoining properties.
9.
In the Public/Institutional (PI) zone, separate storage structures or other accessory structures are not allowed.
(Ord. 1017, 2013)
§ 20.400.070 Business/Industrial Parks.
This Section establishes standards for business parks and industrial parks.
A.
Accessory retail, commercial service, storage, and office uses. Accessory retail, commercial service, storage, and office space shall be allowed provided that:
1.
The total combined gross floor area of accessory retail uses do not exceed 15 percent of the gross floor area of the primary use and combined retail and other types of accessory uses (i.e., commercial service, storage, and office uses) do not exceed 35 percent of the gross floor area of the primary use;
2.
The accessory uses primarily serve employees of the use;
3.
No exterior signs advertise the accessory uses;
4.
The primary use fronts on principal arterial (Beach Boulevard) or major arterial (Katella Avenue), as identified in Exhibit 5-1 (Roadway Classifications) of the Infrastructure and Community Services Element of the General Plan.
B.
Setbacks. The setback and landscaping standards for buildings and exterior development apply only along the periphery of the industrial park and along any arterial streets within the industrial park.
(Ord. 1017, 2013)
§ 20.400.080 Caretaker Housing.
§ 20.400.090 Commercial Recreation.
This Section establishes standards for various particular types of commercial recreation establishments where they are allowed in compliance with Article 2 (Zones, Allowed Uses, and Zone-Specific Standards).
A.
Arcades.
1.
Location.
a.
No arcade establishment shall be located within 700 feet of another arcade establishment, as measured by the shortest distance without regard to intervening buildings from the nearest point of the perimeter of the lot upon which the proposed use is to be located to the nearest point of the perimeter of the lot from which the proposed land use is separated.
b.
No arcade establishment shall be located within 500 feet of any place of worship, school, park, playground or residentially zoned property.
2.
Supervision and surveillance.
a.
At least one individual at least 21 years of age shall be on the premises during the time the arcade is open to the public.
b.
The arcade shall be arranged so that amusement devices, computers, or other electronic devices and public spaces can be viewed from a single supervisory or cashier station.
c.
In compliance with Municipal Code Section 5.68.100.G. (Notice of video surveillance), a sign shall be posted at the entrances to the establishment indicating that the premises are under camera/video surveillance.
3.
Hours of operation. No game center owner, manager or employees shall allow a minor less than 18 years of age to play a mechanical or electronic game machine during the hours the public schools in the zone where the center is located are in session, or after 9:00 p.m. on nights preceding school days, or after 10:00 p.m. on any other night. It is the responsibility of the owner or manager of the game center to obtain a current schedule of school hours and days.
4.
License. All arcade establishments shall obtain a license to operate arcade devices upon the expiration of one year of operation pursuant to a valid Conditional Use Permit or December 31st of the same year in which the Conditional Use Permit was issued, whichever comes first. This requirement is in addition to any conditions imposed under a Conditional Use Permit. The license shall be obtained in compliance with Municipal Code Chapter 5.02 (Licenses). An application for a license may be denied, or any license may be suspended or revoked by the City Manager where it is found that the applicant has violated any of the conditions set forth in the Conditional Use Permit, or where the operation of arcade devices has become a nuisance or detrimental to the health, safety and welfare of the adjacent neighborhood.
5.
Conditions of permit approval. The review authority shall consider the need for adult supervision, hours of operation, proximity to schools and other community uses, compatibility with the surrounding neighborhood and businesses, noise attenuation, bicycle facilities, and interior waiting areas, and any other similar relevant factors. A game machine arcade shall not be allowed in a location that would tend to produce a hazard or nuisance to other allowed uses or activities in the area.
B.
Family amusement centers. Family amusement centers shall be designed with the intention to promote family involvement. Family amusement centers shall provide recreational activities suitable for all family members. The typical hours of operation should not coincide with normal school hours. An application for a family amusement center that does not meet all of the following requirements shall be processed and subject to all of the arcade regulations of subsection A (Arcades).
1.
A family amusement center shall have a minimum net floor area of 5,000 square feet;
2.
The family amusement center shall provide birthday party rooms, a prize redemption booth, and seating areas;
3.
The family amusement center shall provide a kitchen facility to supply the food for the guests using the birthday party rooms or establish an agreement with a bona fide restaurant, bona fide eating establishment or a City-approved catering service to provide food service for the birthday party rooms;
4.
Alcoholic beverages shall not be sold or consumed on the premises;
5.
The facility and all electronic game machines shall be visible and supervised by at least one adult employee 21 years or older and an adult manager 21 years or older. The manager shall be present at all times during the business hours and shall ensure that supervision of the patrons is adequate;
6.
No person under 18 years of age shall be allowed on the premises from 8:00 a.m. to 3:00 p.m. Monday through Friday and after 10:00 p.m. seven days a week unless accompanied by a parent or legal guardian at least 21 years of age;
7.
The family amusement center shall not be located within 1,000 feet of another family amusement center or amusement arcade;
8.
At least 30 percent of all the game machines and recreational devices shall operate on a redemption program whereby each results in dispensing a collectable voucher for prize redemption;
9.
No electronic video games or software shall be available to patrons that have the following ratings:
a.
Life-Like Violence Strong. Contains selected scenes involving humanlike characters engaged in combative activity that may result in pain, injury and/or death to the depicted;
b.
Sexual Content Mild. Contains sexually suggestive references or material;
c.
Sexual Content Strong. Contains graphic depictions of sexual behavior and/or the human body;
d.
Language Mild. Contains commonly used four-letter words;
e.
Language Strong. Contains strong four-letter expletives.
10.
The purpose of the software rating system is to ensure that contents and graphics provided as part of the electronic games are suitable for all family members. Although the rating system may change over time, the intent of this subsection shall be preserved and complied with at all times.
(Ord. 1017, 2013; Ord. 1069 § 9, 2017)
§ 20.400.100 Condominium Conversions.
This Section provides development standards for conversions of nonresidential and/or residential structures to condominiums for residential purposes in order to ensure that units meet reasonable physical standards. Procedures for condominium conversions are in Chapter 20.505 (Condominium Conversions).
A.
Parking.
1.
Number of spaces. A minimum of two parking spaces is required for each dwelling unit; spaces shall be covered and within a garage. Visitor parking spaces shall be provided as required by the applicable zone.
2.
Screening of parking areas.
a.
Visible from residential zones. A parking area with five or more parking spaces that are visible from abutting residentially-zoned property shall be screened by permanent structures; a six-foot high view-obscuring wall or fence; or by a 10-foot wide landscaped area containing adequate quantity and quality of trees and shrubs to obscure headlight glare that may come from surrounding land uses.
b.
Visible from streets. A parking area that is visible from an adjacent public street shall be screened from the street by a 36-inch high view-obscuring wall or fence that is at least 10 feet from the exterior property line or landscaped area containing an adequate quantity and quality of trees and shrubs to obscure the parking lot from public view.
B.
Refuse area. Centralized refuse pickup areas shall be provided for developments with five or more units unless the condominium plans specifically show adequate provisions for refuse pickup by individual units. Centralized refuse pickup areas shall be constructed in compliance with City standards, unless adequate alternative materials are specifically approved as part of the condominium conversion process in compliance with Section 20.505.030 (Condominium Conversions). The centralized refuse area shall be accessible to refuse trucks and shall not be readily visible from any public street. The refuse areas shall be designed to accommodate one three cubic-yard container for every 10 dwelling units.
C.
Storage space. A minimum of 150 cubic feet of storage space shall be provided for each dwelling unit. The space shall be enclosed, meet all building requirements, and be conveniently accessible to the outdoors.
1.
The storage space may be designed as an enlargement of a required parking structure provided that it does not extend into the area of the required parking stall.
2.
This requirement is in addition to and supplementary to closets and other indoor storage areas that are normally part of a residential dwelling unit.
D.
Laundry facilities. Adequate laundry facilities shall be provided either individually for each dwelling unit or as a common facility for the project.
E.
Open recreation areas. Private and common open space shall be provided for each unit. Private open space may consist of patios and/or balconies. Common open space may consist of swimming pools, tennis courts, children's playgrounds, picnic areas or other similar areas; or may be on adjacent recreational areas provided they are available for unlimited use by the occupants of the project without charge and are of sufficient size to be usable as general recreation area. Open recreation areas shall not be located in any required front setback area. In the Medium Density Residential (RM) Zone and the High Density Residential (RH) Zone where less than 12 units are converted, private outdoor living space may be applied toward up to 50 percent of the required total common open space.
F.
Landscaping. Landscaping shall comply with Chapter 20.315 (Landscaping Standards). All landscaping shall be restored or new landscaping shall be installed to achieve a high-quality appearance.
G.
Signs. In addition to signs allowed by the applicable zone, community identity signs identifying condominium developments with five or more dwelling units may be installed and maintained upon approval of the Director.
H.
Utilities.
1.
Separate gas and electric services shall be provided for each dwelling unit.
2.
Separate water service shall be provided for all detached units. Meters may either be at the dwelling unit or in easily located clusters.
3.
Common water service is allowed for multistoried structures where units share a combination of floors and ceilings and also for attached dwelling units. In developments with more than one multistoried structure, the allowed common meter is required for each multi-storied structure.
4.
Separate water meters are required and shall be provided for water metering of common, landscaped and recreation areas.
I.
Sound attenuation. Wall-to-wall and floor-to-ceiling assemblies shall meet a sound transmission class of 50 as certified in an acoustic report prepared by a licensed acoustical engineer.
J.
Private streets.
1.
If private streets are to be provided, the application shall so indicate. The Council may approve or disapprove private streets as part of their action on the application.
2.
If the Council approves private streets, they shall be constructed in compliance with standards as the Council may require as a condition of approval for condominium conversion.
3.
Private streets shall be individually named and shall be submitted to the City for approval. In the event that naming is not feasible, an acceptable house numbering system shall be submitted to the City for approval.
K.
Maintenance. Private streets, driveways, walkways, parking areas, landscaped areas, storage areas, screening, sewers, drainage facilities, utilities, common or private open space, recreational facilities and other improvements not dedicated and accepted for public use shall be maintained by the property owners or by the homeowners' association.
1.
Specific responsibilities for maintenance of common and private areas shall be contained in the association bylaws and the conditions, covenants, and restrictions (CC&Rs).
2.
Failure to maintain the improvements is unlawful and shall constitute a misdemeanor in compliance with Section 1.04.080 of the Municipal Code.
L.
Design criteria. The following design criteria shall apply to all condominium conversions:
1.
The overall plan shall comprehensively address the site, structures, landscaping and their inter-relationships.
2.
The plan shall provide for adequate circulation, off-street parking, the assignment of street addresses, open recreational areas and other amenities. Structures and facilities in the lot shall be well-integrated and oriented to the topographic and natural landscape features of the site.
3.
The proposed conversion shall be compatible with existing and planned land use and with circulation patterns on adjoining properties and shall not constitute a disruptive element to the neighborhood or community.
4.
The internal street system shall not be a dominant feature in the overall design; rather it should be designed for the efficient and safe flow of vehicles without creating a disruptive influence on the activity and function of any common areas and facilities.
5.
Common areas and recreational facilities are to be located so as to be readily accessible to the occupants of the dwelling units and shall be well related to any common open spaces.
6.
Pedestrian circulation shall be safe, properly lighted, and integrated to provide walkways between public streets, parking areas, common recreation areas, and the units.
7.
Structures shall be oriented on the site, where possible, in a manner to create private areas, reduction in noise, reduction in other nuisances and in a general proper relationship with other environmental factors of the development, such as parking and common recreation areas. The application of both active and passive solar energy systems shall be considered.
(Ord. 1017, 2013)
§ 20.400.110 Conversions - Residential to Nonresidential.
This Section provides development standards for conversions from one use to another use in order to ensure that units meet reasonable physical standards.
A.
Single-family/office conversions. A structure originally constructed as a single-family residence that is proposed for conversion to low-intensity office use shall meet the following requirements:
1.
The building elevations and the landscaping between the front lot line and the building front shall retain their residential character. Mature trees shall not be removed.
a.
The structure shall be retrofitted to conform to the provisions of the Uniform Fire Code for commercial structures.
b.
Trash receptacles shall be located at the rear of the structure and screened from view. Installation of a fully enclosed receptacle may be required as a condition of project review.
2.
Parking shall not be allowed in the front setback area and shall be provided in the rear of the structure as site conditions accommodate.
a.
Access may be provided from the original driveway if there is a minimum width of 12 feet.
b.
If the rear lot line abuts an alley, access to parking shall be provided from the alley wherever possible.
c.
Parking spaces shall be provided as determined at project review. Professional office parking space requirements shall be met to the greatest extent possible.
d.
Parking lot landscaping requirements may be reduced to five percent of the parking area (not inclusive of required setbacks) to provide adequate parking spaces.
e.
When two or more structures adjacent to one another are converted to office use, reciprocal access and parking may be required.
3.
Loading spaces are not required.
(Ord. 1017, 2013)
§ 20.400.120 Day Care Facilities (Adult and Child).
This Section provides standards for day care facilities for adults and children (i.e., small adult day care (6 or fewer) small child day care (8 or fewer); large adult day care (7-14); large child day care (9-14); and general child day care facilities).
A.
Licensing. The operator of a small or large adult or child day care home shall obtain a license from the California Department of Social Services.
B.
Care provider occupancy. The single-family dwelling in which each small and large adult or child day care home is located shall be the principal residence of the care provider, and the use shall be clearly residential in character, and shall be accessory to the use of the property as a residence.
C.
Standards for small adult and child day care homes. Small adult and child day care homes are considered a residential use of property and shall comply with standards applicable to residential uses in this Zoning Code.
D.
Standards for large adult (7-14 adults) and family child day care homes (9-14 children). In addition to the requirements in Paragraphs A and B, above, large adult and child day care homes shall comply with the following:
1.
Zone development standards. The facility shall conform to all property development standards of the zone where it is located.
2.
Fire codes. The facility shall comply with all applicable State and fire codes.
3.
Separation. A large adult or child day care home within a residential zoning district shall not be located within 300 feet of another large day care home.
4.
Hours of operation. The facility may operate up to 14 hours per day. Outdoor activities shall be restricted to the hours of 8:00 a.m. to 8:00 p.m. per day.
5.
Fencing. A six-foot high fence or wall shall be constructed on all property lines or around the outdoor activity areas, except in the front yard or within a traffic visibility area described in Section 20.305.100.
6.
Swimming pools/spas shall be prohibited for family child day care centers. No swimming pool/spa shall be installed on the site after establishment of the family child day care center, due to the high risk and human safety considerations. Any pool/spa existing on the site prior to application for approval of a family child day care center shall be removed prior to establishment of the use, unless the Director determines that adequate, secure separation exists between the pool/spa and the facilities used by the children.
E.
Standards for general day care centers.
1.
Fire codes. The facility shall comply with all applicable State and fire codes.
2.
Separation. Day care centers shall not be located within 300 feet of another day care center.
3.
Play area. For child day care centers, an outdoor play area of no less than 75 feet per child, but in no case less than 450 square feet in area shall be provided.
4.
Fencing. A six-foot high solid decorative fence or wall shall be constructed in compliance with Chapter 20.310 (Fences, Walls, and Hedges).
5.
Landscaping. On-site landscaping shall be consistent with that prevailing in the neighborhood and shall be installed and maintained in compliance with Chapter 20.315 (Landscaping Standards). Landscaping shall be provided to reduce noise impacts on surrounding properties and enhance the overall aesthetics of the environment. Ten percent of parking and loading areas shall be landscaped and maintained.
6.
Parking and circulation.
a.
On-site vehicle turn-around or separate entrance and exit points, and adequate passenger loading spaces shall be provided.
b.
One parking space for each employee, with a minimum of three employee spaces.
c.
A drop off/pick up area sufficient to handle five cars at one time.
d.
A minimum of three parking spaces for the first 10 persons, with an additional parking space for every 10 persons the facility is designed to accommodate.
7.
Lighting. On-site lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of intensity appropriate to the use it is serving in compliance with Section 20.300.080 (Outdoor Light and Glare).
8.
Hours of operation. A center within a residential zone may operate up to 14 hours per day. Outdoor activities shall be restricted to the hours of 8:00 a.m. to 8:00 p.m. per day.
9.
For accessory day care centers, the center shall not constitute more than 15 percent of the gross interior floor area of the primary use.
(Ord. 1017, 2013)
§ 20.400.130 Drive-Through Facilities.
This Section provides standards for maintaining and operating a drive-through facility, where allowed in compliance with Article 2 (Zones, Allowed Uses, and Zone-Specific Standards).
B.
Circulation - Internal.
1.
Drive-through aisles shall have a minimum width of 11 feet on the straight sections and 12 feet on curved portions.
2.
The drive-through aisle shall have a stacking area to accommodate six vehicles as measured from the food pickup window. The length of the stacking area shall be calculated on the basis of 20 linear feet per vehicle.
3.
Pedestrian walkways should not intersect the drive-through aisles. If pedestrian walkways do cross the drive aisles, they shall be clearly marked with signage and enhanced paving or pavement markings.
4.
Drive-through aisles shall not exit directly onto a public right-of way.
5.
The minimum setback for all components related to the drive-through facility (e.g., structures, driveways, menu boards, etc.) shall be 25 feet from all adjoining residential zones.
D.
Landscaping.
1.
Landscaping shall be compatible with the surrounding area.
2.
Landscaping shall screen drive-through aisles from the public right-of-way and shall minimize visual impact of reader-board signs and directional signs.
3.
Fencing shall be set back 10 feet from the lot line, at the inside dimension of the required landscape setback.
E.
Architectural design criteria. Drive-through restaurants within an integrated shopping center shall have an architectural style consistent with the theme established for the center.
F.
Signs.
1.
A maximum of two menu board signs per structure shall be allowed.
2.
Each allowed menu board sign shall be a maximum area of 45 square feet, with a maximum height of seven feet, and shall be oriented away from the primary street.
3.
Signs shall not be located so as to be a hazard for pedestrian and vehicular traffic.
4.
Illumination of menu board sign shall be allowed.
(Ord. 1017, 2013)
§ 20.400.140 Dry Cleaning Facilities.
This Section provides standards for maintaining and operating a retail dry cleaning facility, where allowed in compliance with Article 2 (Zones, Allowed Uses, and Zone-Specific Standards).
A.
Scope of services. A retail dry cleaning establishment shall not conduct dry cleaning operations for any other facility or retail outlet.
B.
Fire safety. The Building Official shall inspect and approve the type and structural qualities of the structure in which an establishment is located.
C.
Equipment and solvents.
1.
Cleaning equipment shall utilize a synthetic solvent approved by the National Board of Fire Underwriters, the State Fire Marshal, and the Fire Chief.
2.
Dry cleaning equipment, if provided, shall be limited to one complete dry cleaning unit consisting of the following:
3.
A minimum of 400 square feet shall be provided for each clothes press.
(Ord. 1017, 2013)
§ 20.400.150 Emergency Shelters.
This Section provides standards for the establishment and operation of emergency shelters, where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards) and in compliance with Government Code Section 65583.
A.
Maximum number of beds. Each emergency shelter may have a maximum of 20 beds.
B.
Parking. Off-street parking shall comply with Chapter 20.320 (Off-Street Parking and Loading). Non-operational and unregistered vehicles shall not be kept on site. Towing shall be the responsibility of the shelter operator.
C.
Design and amenities.
1.
Waiting area. Each emergency shelter shall provide an exterior waiting area of at least 10 square feet per bed to accommodate clients and to prevent queuing into the public right-of-way. An exterior waiting area shall be physically separated from the public right-of-way. Interior waiting areas shall be allowed in compliance with the California Building Code.
2.
Facility layout. Living, dining, and kitchen areas shall be physically separated from sleeping areas.
3.
Sleeping area. Each emergency shelter shall provide at least 35 square feet of sleeping area per bed.
4.
Bathroom facilities. Each emergency shelter shall provide facilities for personal care (i.e., bathroom and shower facilities) in compliance with the California Building Code.
5.
Telephone services. The shelter shall provide landline telephone services separate from the office phone in order to provide privacy. Any payphones provided shall allow call-out service only.
6.
Additional standards. Each emergency shelter shall comply with applicable Building Code, Fire Code, and State Department of Social Services licensing requirements.
D.
Location restriction.
1.
Minimum separation distance. An emergency shelter shall be located at least 300 feet away from another emergency shelter.
2.
Measurement of separation distance. The distance of separation shall be measured in a straight line between the main entrances of each use without regard to intervening structures or objects.
E.
Operational standards.
1.
Hours of operation. Hours of operation shall be limited to the hours between 4:00 p.m. and 8:00 a.m.
2.
On-site management. Each emergency shelter shall provide on-site supervision at all times.
3.
Congregation in neighborhood prohibited. The shelter operator shall be responsible for the following:
a.
Patrol of the surrounding area within 800 feet for one hour after the closing of the shelter each morning to ensure that homeless shelter residents are not congregating in the neighborhood.
b.
Regular patrol of the area surrounding the shelter site to ensure that homeless persons who have been denied access are not congregating in the neighborhood.
4.
Contact information. The shelter operator shall provide information about how to contact the operator with questions or concerns regarding shelter operations. The contact information shall be posted on site where it is readily viewable by an employee, shelter inhabitant, or representative of a governmental agency.
5.
Litter and graffiti. The shelter operator shall be responsible for the following:
a.
Maintenance of the exterior of the premises, including signs and accessory structures, free of litter and graffiti at all times;
b.
Providing for daily removal of trash from the premises and abutting sidewalks or alleys within 20 feet of the premises; and
c.
Removal of graffiti within 48 hours of written notice from the City.
6.
Controlled access. The facility and/or premises shall be accessed by only one entrance.
7.
Supplemental services. Supplemental services (e.g., food, counseling, access to other social programs, etc.) may be offered on the inside of the premises.
(Ord. 1017, 2013)
§ 20.400.160 Food Carts.
This Section provides standards for the establishment and operation of food carts, where allowed in compliance with Article 2 (Zone-Specific Standards).
A.
Alcohol sales prohibited. The sale of alcoholic beverages is prohibited.
B.
Accessory character.
1.
The food cart shall be operated directly by the host business or shall be operated under direct contract with the host business.
2.
The food cart shall be incidental to a retail business establishment with a minimum of 20,000 square feet of gross floor area.
3.
Only one food cart may be allowed per business.
4.
The cart shall be limited to operating within the business hours of the host business(es).
5.
Accessory furniture and/or equipment (e.g., chairs, tables, benches, condiment stands, refrigerated beverage storage containers, food warmers, etc.) not attached to the primary food preparation unit, may be approved if the permit review authority finds that the accessory equipment is necessary for the proper and efficient operation of the food cart.
C.
Size and location.
1.
The food cart may be located outside of the host business, provided it is sited adjacent to the structure. A single, specific, fixed location shall be established.
2.
The food cart and accessory furniture or equipment shall not be placed in the public right-of-way, designated fire lanes, drive aisles, landscaped areas, required parking stalls, loading zones, impede pedestrian or vehicular traffic, or doorways.
3.
No food cart shall be located closer than 50 feet to another food cart or to a food service business within a structure, as measured to the main entrance of the food service business.
4.
The maximum area occupied by the food cart, accessory furniture, and/or equipment shall be established by the permit review authority and shall not be located within 10 feet of any entryway.
D.
Permits and licenses. The cart operator shall obtain a business license, as well as required permits. In addition, the host business shall have written permission to operate the food cart from the property owner, and, if located in a shopping center, two-thirds of the business tenants on the property.
E.
Signs. Signs advertising and identifying the cart and its operation shall be limited to placement on the cart.
F.
Refuse removal. The cart operator shall be responsible for the management and removal of all trash and refuse generated by the food services business.
G.
Health Department requirements.
1.
The host business shall provide necessary water and sewage connections.
2.
A permanently-installed commissary facility designed in compliance with the requirements of the Orange County Health Department shall be provided within the premises of the host business. No business license or other permit to operate shall be issued by the City until proof of satisfaction of Health Department requirements is submitted to the Department.
(Ord. 1017, 2013)
§ 20.400.170 Live Entertainment.
This Section provides standards for amplified and unamplified live entertainment, where allowed by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
A.
Exempt activities. The provisions of this Section shall not apply to:
1.
Hotels operating or allowed in compliance with approved Conditional Use Permits;
2.
Pre-recorded music played inside an establishment during hours the establishment is lawfully operating, provided that the volume levels conform to the standards in Section 20.300.070 (Noise);
3.
Unamplified live entertainment that consists of no more than two performers, including patrons, playing unamplified instruments:
B.
Business License. Amplified and unamplified live entertainment that is not exempt under Paragraph A (Exempt activities) shall require a business license, renewable annually, issued in compliance with Municipal Code Chapter 5.04 (Licenses).
C.
Development standards.
1.
Exits from a structure shall generally be directed away from any residential zone or residential use adjoining the site. Exits for emergency use only are not included within this limitation.
2.
Amplified live entertainment shall take place inside a structure. Amplified live entertainment outdoors, including in an outdoor dining area shall require a Conditional Use Permit.
3.
The premises within which amplified live entertainment takes place shall contain sufficient sound-absorbing insulation so that noise generated inside the premises shall not be audible anywhere on adjacent property, public rights-of-way, or within any separate units within the same structure.
4.
No doors or windows shall be open during the amplified live entertainment.
(Ord. 1017, 2013)
§ 20.400.180 Live-Work Units.
This Section provides standards for the development of live-work units and for the reuse of existing nonresidential structures to accommodate live-work opportunities. Live-work units are intended to be occupied by business operators who live in the same structure that contains the nonresidential activity.
A.
Limitations on use. The nonresidential component of a live-work unit shall only be a nonresidential use allowed within the nonresidential zone where the unit is located. A live-work unit shall not be established or used in conjunction with any of the following activities:
1.
Adult-oriented businesses;
2.
Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.;
3.
Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use; or
4.
Other activities or uses, not compatible with residential activities and/or that have the possibility of affecting the health or safety of live-work unit residents, because of dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or would be hazardous because of materials, processes, products, or wastes.
B.
Site planning and design standards.
1.
Floor area. The minimum net floor area of a live-work unit shall be 400 square feet. Floor areas, other than areas used for living space, shall be regularly used for working and display space.
2.
Location.
a.
Live-work units shall be allowed on ground level in the rear of a structure or on upper floors of a structure.
b.
Live-work units may be allowed at ground level on street frontages in compliance with the following:
(1)
Each live-work unit fronting a public street shall have a pedestrian-oriented frontage that publicly displays the interior of the nonresidential areas of the structure.
(2)
A minimum 80 percent of a structure's street front façade at street level shall be occupied by nonresidential uses.
(3)
Each live-work unit shall have a minimum floor-to-floor interior height of 14 feet.
3.
Separation of units. Where more than one live-work unit is proposed within a single structure, each live-work unit shall be separated from other live-work units and other uses in the structure.
6.
Compatibility. The establishment of live-work units shall not conflict with nor inhibit commercial or industrial activities in the adjacent area.
7.
Parking. Parking for each live-work unit shall be provided in compliance with Chapter 20.320 (Off-Street Parking and Loading).
8.
Changes to existing structure. Changes to the exterior appearance of an existing structure to accommodate live-work units shall be compatible with adjacent nonresidential uses.
C.
Operating standards.
1.
Business license. At least one resident in each live-work unit shall maintain a valid Business License for a business or activity on the premises in compliance with Municipal Code Chapter 5.04 (Licenses).
2.
Client and customer visits. Client and customer visits to live-work units shall be allowed.
3.
Nonresident employees. Up to two persons who do not reside in the live-work unit may work in the unit; provided that their employment in the unit shall comply with applicable California Building Code requirements.
4.
Outdoor activities. Live-work uses shall be conducted entirely within the enclosed structure.
5.
Notice to occupants. The owner or developer of a structure containing live-work units shall provide written notice to all live-work occupants, tenants, and users indicating that the surrounding area may be subject to levels of dust, fumes, noise, or other impacts associated with commercial or industrial uses at higher levels than would be expected in more predominantly residential areas. Noise and other standards shall be those applicable to nonresidential uses in the zone where the live-work units are located, in compliance with Municipal Code Chapter 9.28 (Noise Control).
7.
Security. Security shall properly reflect the needs of businesses with on-site sales, employees, and customers.
8.
Changes in use. After approval, a live-work unit shall not be converted to either entirely residential use or entirely nonresidential use.
(Ord. 1017, 2013)
§ 20.400.200 Medical Services.
A.
Methadone clinics. Methadone clinics shall be subject to the following requirements:
1.
Methadone clinics shall dispense drugs under the regulation of a State-licensed drug rehabilitation, detoxification, or treatment program. No overnight stays shall be allowed.
2.
A State issued license shall be provided to the City before commencement of the operation of a methadone clinic.
3.
Methadone clinics shall comply with the site development standards applicable to a property in a commercial zone.
B.
Alcohol treatment centers and methadone clinics. Each facility shall be limited to one unlighted sign face measuring no more than three feet by three feet, affixed to the wall of the primary building.
(Ord. 1017, 2013)
§ 20.400.210 Mobile/Manufactured Homes.
This Section provides requirements and development standards for the use of mobile homes and manufactured homes as single-family dwellings outside of mobile home parks and mobile home subdivisions, where single-family dwellings are allowed in compliance with Article 2 (Zones, Allowable Uses, and Zone-Specific Standards).
A.
Compliance with State law. In compliance with Government Code Section 65852.3, a mobile/manufactured home may be installed on an approved foundation system of a lot that is:
B.
Site planning, design and construction standards. One mobile/manufactured home on a permanent foundation as a single-family residence, as certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.) and as defined under the Health and Safety Code Section 18551 is allowed on a lot in any residential zone which allows single-family dwellings, subject to the following requirements:
1.
Every manufactured home shall stand on a permanent foundation in compliance with all applicable building regulations. The design of the manufactured home unit shall be similar in character and appearance to other dwellings in the area for characteristics as unit size, roof overhangs, roof materials and exterior materials.
a.
The exterior siding shall consist of either wood or stucco, as determined by the Director. In determining the material to be used, the Director shall consider the types of construction materials used on existing houses in the immediate neighborhood.
b.
The roof shall have a pitch of not less than two inches vertical run by 12 inches horizontal run. The roof shall overhang the side of the house by not less than 12 inches. Roofing material shall consist of composition shingle, asphalt, or other material typically found on a wood frame house.
c.
Units shall conform to all other development and use requirements applicable to primary dwelling units in the zone.
d.
Building setbacks, parking, lot coverage, height, width and sign requirements of the base zone shall apply.
2.
The review authority shall determine if the placement of the manufactured home is compatible with the immediate area where it is being placed.
(Ord. 1017, 2013)
§ 20.400.220 Mobile Home Parks.
This Section provides regulations for the establishment, maintenance, and operation of mobile home parks, where allowed in compliance with Article 2 (Zones, Allowable Uses, and Zone-Specific Standards).
A.
Applicable law and regulations. The laws governing the establishment, maintenance and operation of mobile home parks in the Manufactured Housing Act of 1980 (Health and Safety Code Section 18000 et seq.) and the related implementing regulations in the Code of Regulations Title 25 are made part of this Section by reference. State laws and regulations shall supersede the provisions of this Section, unless the provisions of this Section are more restrictive in which case the provisions of this Section shall control.
B.
Permit requirements. Under Government Code Section 65852.7, mobile home parks are deemed an allowed use of all land designated for residential use on the General Plan, but a Conditional Use Permit may be required.
C.
Mobile home park development standards.
1.
Exterior boundaries of the mobile home park shall appear similar to conventional residential developments and shall be screened by a decorative block wall, a minimum of six feet in height, with a minimum 15-foot wide landscaped area provided along the exterior of the perimeter screen.
2.
The street side setback for perimeter walls on public streets shall conform with applicable right-of-way configurations for the street where the mobile home park is located. The minimum right-of-way setback for a mobile home park is 15 feet from the ultimate right-of-way.
(Ord. 1017, 2013)
§ 20.400.230 Outdoor Dining.
This Section provides standards for outdoor dining areas, where allowed in compliance with Article 2 (Zones, Allowable Uses, and Zone-Specific Standards).
A.
Coordinated design scheme. The design and appearance of proposed improvements or furniture (e.g., tables, chairs, benches, umbrellas, planters, menu boards, etc.) in an outdoor dining area shall present a coordinated theme and shall be compatible with the appearance and design of the primary structure, as determined by the Director.
B.
Hours of operation. Hours of operation for outdoor dining areas shall coincide with those of the associated indoor restaurant. If the property where outdoor dining is occurring is directly abutting a residential property, the hours shall be limited to no later than 10:00 p.m. Sunday through Thursday, and 12:00 a.m. on Friday and Saturday, or as determined by the Director.
C.
Property maintenance. The operator shall maintain the outdoor dining area(s) in a neat, clean, and orderly condition at all times. This shall include all tables, benches, chairs, displays, or other related furniture. An adequate number of trash receptacles shall be provided to serve the outdoor dining area.
D.
Sale of alcoholic beverages. No bar designed and/or operated to sell or dispense any alcoholic beverages shall be allowed in the outside dining area. Alcoholic beverages shall only be served in outdoor dining areas under the following circumstances:
E.
Food preparation. The preparation of food or beverages shall be prohibited in the outside dining area, unless approval from the Orange County Health Care Agency is obtained.
F.
Location. Outdoor dining areas shall not encroach into required setback areas or parking areas. They may be allowed to encroach into a public right-of-way with an approved encroachment permit.
G.
Noise. Amplified sound (e.g., music, television, etc.) shall not be audible beyond the lot line.
(Ord. 1017, 2013)
§ 20.400.240 Outdoor Displays and Sales.
This Section provides standards for temporary and permanent outdoor displays and sales (e.g., garden supply sales, news and flower stands, etc.) on private property, where allowed by Article 2 (Zone-Specific Standards). Outdoor uses on public property within the public right-of-way shall require an encroachment permit issued by the Director of Public Works.
A.
Temporary outdoor display and sales. Temporary outdoor display and sales (e.g., parking lot sales, sidewalk sales, seasonal sales, etc.) may be allowed subject to a Temporary Use Permit issued in compliance with Chapter 20.540 (Temporary Use Permits and Special Event Permits).
B.
Permanent outdoor display and sales.
1.
No screening. The permanent outdoor display and sales of merchandise for the following uses shall be allowed without screening and subject to the limitations in Subparagraph 3 below:
2.
Screening. The permanent outdoor display and sales of merchandise for uses other than those listed in Subparagraph 1 above may be allowed subject to the limitations in Subparagraph 3 below and if:
3.
Outdoor display/sales areas shall comply with all of the following:
a.
Fences or walls shall screen a display/sales area located on the side of a lot that abuts residentially zoned lots.
b.
A display/sales area shall be on private property and shall not encroach on required parking areas or landscaped areas.
c.
The display/sales area shall be directly associated with the principal business on the same premises.
d.
Outdoor display/sales shall only be allowed in setback areas if in compliance with Section 20.305.070 (Setback Areas and Allowed Encroachments/Projections).
e.
Displayed merchandise shall not obstruct traffic visibility areas; encroach upon landscaped areas, driveways, parking spaces, or pedestrian walkways; or otherwise create hazards for vehicle or pedestrian traffic.
f.
The outdoor display of merchandise shall only be allowed during regular hours of operation, except for vehicle sales/rentals and nurseries.
g.
Additional signs, beyond those normally allowed for the subject use, shall not be provided for the outdoor display and sales area.
(Ord. 1017, 2013)
§ 20.400.250 Outdoor Storage and Activities.
This Section provides standards for outdoor storage or work areas, where allowed by Article 2 (Zones, Allowed Uses, and Zone-Specific Standards).
A.
Prohibited storage.
1.
No visible storage of motor vehicles (except for approved display areas for the sale or rental of motor vehicles), trailers, airplanes, boats, recreational vehicles, or their composite parts; loose rubbish, garbage, junk, or their receptacles; tents; equipment; or building materials in any portion of a lot shall be allowed (except for approved building materials storage and display as part of the retail business).
2.
Vehicles shall not be stored or displayed for sale on a vacant lot or at any vacant business location.
B.
Allowed temporary storage. Construction building materials for use on the same premises may be stored on a lot during the time that a valid building permit is in effect for construction.
C.
Outdoor storage in nonresidential zoning districts. Outdoor storage of merchandise, material and equipment shall be allowed in nonresidential zoning districts, provided the following criteria are met:
1.
The storage area is screened with fences, walls, or thick hedges that are a minimum of six-feet in height, or other methods approved by the Director. Chain link fencing with or without slats is prohibited.
2.
The height of stored merchandise, materials, or equipment shall not exceed the height of the screening element(s). If storing equipment or materials taller than the allowed screening materials, the materials must be stored in the rear one-third of the lot. If a through-lot, the equipment must be stored within the center portion of the lot so as to reduce the visibility of the materials from both public rights-of-way.
3.
Outdoor storage may be allowed in setback areas if in compliance with Section 20.305.070 (Setback Areas and Allowed Encroachments/Projections).
4.
If storing vehicles on the property, the lot must be paved to the satisfaction of the Director.
5.
Outdoor storage is not allowed in the required parking area for the use.
D.
Outdoor activity in commercial and mixed-use zoning districts.
1.
Repair, installation, manufacturing, and assembly uses allowed in commercial and mixed-use zoning districts shall be conducted within a completely enclosed structure.
2.
Outdoor activity or work areas shall be allowed for uses only when associated with an allowed use located on the same premises and when not encroaching on required parking areas or landscaped areas.
E.
Outdoor activity in industrial zoning districts.
1.
Outdoor activity and work areas shall be allowed only when associated with an allowed use located on the same premises, subject to approval of a Minor Use Permit.
2.
Outdoor activity and work areas shall not be allowed within the required front or street side setbacks or within required parking areas or landscaped areas.
(Ord. 1017, 2013)
§ 20.400.260 Personal Storage Facilities.
This Section provides standards for personal storage facilities, where allowed by Article 2 (Zones, Allowed Uses, and Zone-Specific Standards).
A.
Site size and location standards.
1.
The minimum site area shall be one acre; the maximum site area shall be 2.5 acres.
2.
Street frontage shall be on a street other than a principal or major arterial, as identified in General Plan Exhibit 5-1 (Roadway Classifications) in the Infrastructure and Community Services Element of the General Plan.
B.
Parking and circulation.
1.
The site shall be entirely paved, except for structures and landscaping.
2.
Parking spaces for customers and the manager/caretaker shall be located adjacent to, or in close proximity to, each other. Parking for users of storage cubicles shall be provided in the parking lanes required in Subparagraph 3.
3.
Aisles and parking lanes.
a.
Two-way aisle width shall be a minimum of 25 feet between structures to provide unobstructed and safe circulation, with a 10-foot wide parking lane.
b.
One-way drives shall provide one 10-foot wide parking lane and one 12-foot wide travel lane.
c.
Parking lanes may be eliminated when the driveway does not serve storage cubicles.
d.
Traffic dimension and parking shall be designated by signing or stripe painting.
C.
Landscaping. A minimum 20-foot landscape strip shall be provided along street frontages. Landscaping shall be installed and permanently maintained in compliance with Chapter 20.315 (Landscaping Standards).
D.
Lighting. On-site lighting shall be energy efficient, stationary, and directed away from adjoining properties and public rights-of-way, with sufficient intensity to discourage vandalism and theft.
E.
Screening and buffering.
1.
A minimum six-foot high concrete block, solid masonry, or wrought iron fence shall be required around the perimeter of the project, except for the following areas:
a.
Within the required front setback landscape area where the fence or wall shall not exceed 42 inches; and
b.
For points of ingress and egress (including emergency fire access) which shall be properly gated. The gate(s) shall be maintained in good working order and shall remain closed except when in use.
2.
A combination of wrought-iron fence with concrete block columns may be used within the front setback area so long as the maximum height does not exceed 42 inches.
G.
Solid waste. Every lot with a structure shall have a trash receptacle on the premises. The trash receptacle shall comply with City standards and be of sufficient size to accommodate the trash generated.
1.
The receptacle(s) shall be screened from public view on at least three sides by a solid wall six feet high and on the fourth side by a solid gate not less than five feet in height.
2.
The gate shall be maintained in working order and shall remain closed except when in use.
3.
The wall and gate shall be architecturally compatible with the surrounding structures.
4.
An overhead trellis shall be installed to discourage illegal dumping.
H.
Operating standards.
1.
No business activity shall be conducted other than the rental of storage spaces for inactive storage use.
2.
No flammable or otherwise hazardous materials shall be stored on-site.
3.
When storage facilities are located adjacent to residential zones, operating hours shall be limited to 7:00 a.m. to 9:00 p.m., Monday through Saturday, and 9:00 a.m. to 9:00 p.m. on Sundays.
4.
Storage shall be located within a fully enclosed structure(s). Outside storage is prohibited.
5.
On-site caretaker housing shall be provided. A resident manager shall be required on the site who will be responsible for maintaining the operation of the facility in conformance with conditions of approval.
(Ord. 1017, 2013)
§ 20.400.270 Recreational Vehicle Storage.
This Section provides standards for recreational vehicle storage yards, where allowed by Article 2 (Zones, Allowed Uses, and Zone-Specific Standards).
A.
Minimum lot size. The minimum lot size for a recreational vehicle storage yard is two acres.
B.
Screening. Storage activities shall be screened from public view by a combination of block or masonry wall, berming, dense landscaping, or building mass.
(Ord. 1017, 2013)
§ 20.400.280 Recycling, Scrap and Dismantling Yards.
This Section establishes standards and procedures for the siting and operation of various types and sizes of commercial recycling and facilities.
A.
Separation distance. The site shall not be located within 600 feet of a residential zone.
B.
Screening. Special metal-cutting and compacting equipment shall be completely screened from view. Items stacked in the storage yard shall not exceed the height of the screening walls or be visible from adjacent public streets.
C.
Fencing. Storage yards shall be enclosed by a six-inch concrete block or masonry wall, a minimum of six feet in height, or other fencing materials acceptable to the Director.
D.
Setbacks. Yards shall be set back a minimum of 20 feet from abutting streets with the entire setback area permanently landscaped and maintained.
(Ord. 1017, 2013)
§ 20.400.290 Residential Care Facilities.
This Section provides standards for the location and operation of residential care facilities for children or adults in compliance with State law.
A.
Licensing and other State requirements. These standards shall apply in addition to requirements imposed by the California Department of Social Services.
B.
Small residential care homes (6 or fewer adults or children). As required by State law (See Health and Safety Code Section 1597.30 et seq.) (Family Day Care Homes), small residential care homes (6 or fewer adults or children) shall be considered a residential use of property and shall be allowed within a single-family residence located in any residential zone with no City land use permits required.
C.
Large residential care homes (7 or more adults or children). Large residential care homes (7 or more adults or children) shall be allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards) provided the following standards are met.
1.
A drop-off/pick-up/loading/temporary parking area shall be provided adjacent to the main entrance;
2.
A minimum of 10 percent of the site area shall be provided for usable indoor and/or outdoor recreation areas;
3.
Outdoor recreation areas and open courtyards shall be provided throughout the project. These areas shall be designed to provide passive open space with tables, chairs, planters, or small garden spaces to make these areas useful and functional for tenants;
4.
If located within a residential neighborhood, the architecture of the facility shall be compatible with the residential character of the area;
5.
Security provisions shall be provided in the following manner:
(Ord. 1017, 2013)
§ 20.400.300 Retail Sales - Bulk Merchandise.
This Section establishes standards for retail sales establishments that sell bulk merchandise, where allowed in compliance with Article 2 (Zones, Allowed Uses, and Zone-Specific Standards).
A.
Lot size. The minimum lot size shall be 100,000 sq ft.
B.
Location. The establishment shall have street frontage on either principal or major arterial streets as identified in General Plan Exhibit 5-1 (Roadway Classifications) in the Infrastructure and Community Services Element.
C.
Tenancy. A minimum 70 percent of the gross floor area shall be occupied by a single tenant.
(Ord. 1017, 2013)
§ 20.400.310 Residential Care Facilities for the Elderly.
This Section establishes standards for residential care facilities for the elderly, where allowed by Article 2 (Zones, Allowed Uses, and Zone-Specific Standards).
A.
Lot size. The minimum lot size shall be 10,000 square feet.
B.
Parking. One parking space shall be required for each three beds.
C.
Common open space. A minimum of 10 percent of the site shall be devoted to common open space.
D.
Separation distance. A minimum separation distance of 1,000 feet shall be required between Residential Care Facilities for the Elderly.
(Ord. 1017, 2013)
§ 20.400.320 Satellite Dish Antenna.
This Section establishes standards for the location and installation of satellite dish antennas that are intended for private use of the property owner, where allowed by Article 2 (Zones, Allowed Uses, and Zone-Specific Standards).
A.
Exempt satellite dish antenna. In any zone, any ground-mounted or structure-mounted, receive-only radio antenna or satellite dish antenna that does not have a diameter greater than one meter (39 inches) and does not exceed six feet in height, if ground-mounted, or does not project above the roof ridge line, if roof-mounted, shall be exempt from the regulations in this Section.
B.
Regulated satellite dish antenna. Any ground-mounted or structure-mounted satellite dish that has a diameter greater than one meter (39 inches) in any zone shall comply with the regulations in this Section.
C.
General standards.
1.
Number. A maximum of one satellite dish antenna shall be allowed on a site.
2.
Color. Satellite dish antennas that are not screened shall be painted a single, neutral, non-glossy color (e.g., earth-tones, gray, black, etc.) and shall be, to the extent possible, compatible with the appearance and character of the surrounding neighborhood.
3.
Sign. Signs of any kind shall not be posted or displayed on any satellite dish antenna.
D.
Standards for ground-mounted antennas.
1.
Size. The diameter of a ground-mounted dish antenna shall not exceed 10 feet.
2.
Height. The height of any portion of a ground-mounted dish antenna shall not exceed 15 feet.
3.
Location.
a.
In all residential zones, a ground-mounted dish antenna shall be located on the rear one-half of the parcel.
E.
Standards for roof-mounted antennas.
1.
Size. The diameter of any roof-mounted satellite dish antenna shall not exceed 10 feet.
2.
Height. Roof-mounted antennas shall not exceed the height limit of the subject zone.
3.
Location. A roof-mounted dish antenna shall be located on the rear one-half of the lot or the rear one-half of the structure farthest from the primary access to the lot, whichever is farthest from the front lot line.
4.
Wiring. Electrical and antenna wiring shall be placed underground or otherwise screened from public view.
(Ord. 1017, 2013)
§ 20.400.330 Accessory Dwelling Units.
A.
Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.
B.
Effect of Conforming. An ADU or JADU that conforms to the standards in this Section will not be:
1.
Deemed to be inconsistent with the City's General Plan and zoning designation for the lot on which the ADU or JADU is located.
2.
Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
3.
Considered in the application of any local ordinance, policy, or program to limit residential growth.
C. "Accessory dwelling unit" or "ADU" "Accessory structure" "Complete independent living facilities" "Efficiency kitchen" "Junior accessory dwelling unit" or "JADU"1. 2. 3. 4. 5. "Livable space" "Living area" "Nonconforming zoning condition" "Passageway" "Proposed dwelling" "Public transit" "Tandem parking"
Definitions. As used in this Section, terms are defined as follows:
means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
means a structure that is accessory and incidental to a dwelling located on the same lot. Refer to § 20.700.070.
means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
means a kitchen that includes all of the following:
means a residential unit that satisfies all of the following:
It is no more than 500 square feet of interior livable space in size.
It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
It includes an efficiency kitchen, as defined in subsection 4 above.
means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
means a physical improvement on a property that does not conform with current zoning standards.
means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
means a location, including, but not limited to, a bus stop or train station, where the public may-access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
D.
Approvals. The following approvals apply to ADUs and JADUs under this section:
1.
Ministerial ADU and Building Permits Required. Every ADU and JADU requires an ADU permit and a building permit. The City will review and approve permit applications in accordance with subsection D.3 below.
2.
Processing Fee. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance. The ADU-permit processing fee is determined by Resolution of the City Council.
3.
Process and Timing.
a.
Completeness.
i.
Determination in 15 Days. The City will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the City receives the application submittal.
ii.
Incomplete Items. If the City's determination under subsection D.3.a.i above is that the application is incomplete, the City's notice must list the incomplete items and describe how the application can be made complete.
iii.
Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the City to be incomplete.
iv.
Subsequent Submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the City will determine in writing whether the additional information remedies all the incomplete items that the City identified in its original notice. The City may not require the application to include an item that was not included in the original notice.
v.
Deemed Complete. If the City does not make a timely determination as required by this subsection a, the application or resubmitted application is deemed complete for the purposes of subsection D.3.c below.
vi.
Appeal of Incompleteness. An applicant may appeal the City's determination that the application is incomplete by submitting a written appeal to the City Clerk. The Planning Commission will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
b.
No Discretion or Hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing.
c.
Deadline to Approve or Deny Ministerial Approvals. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a complete application. If the City has not approved or denied the complete application within 60 days, the application is deemed approved unless either:
i.
The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
ii.
When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
d.
Denial. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection D.3.C above.
e.
Appeal of Denial. An applicant may appeal the City's denial of the application by submitting a written appeal to the City Clerk. The Planning Commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
f.
Concurrent Review of Demolition. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
E.
Classes.
1.
Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under Government Code Section 66323. If an ADU or JADU complies with each of the general requirements in subsection F below, it is allowed in each of the scenarios provided in this subsection E.1. An ADU and JADU approved under subsection E.1.a may be combined with an ADU approved under subsection E.1.b, and ADUs approved under subsection E.1.c may be combined with ADUs approved under subsection E.1.d.
a.
Converted on Single-family Lot: One ADU as described in this subsection E.1.a and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i.
Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
ii.
Has exterior access that is independent of that for the single-family dwelling;
iii.
Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes; and
b.
Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations:
c.
Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection E.1.c, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
d.
Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
i.
The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.
ii.
The peak height above grade does not exceed the applicable height limit provided in subsection F.2 below.
iii.
If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.
F.
General Requirements. The following requirements apply to all Class 1 and Class 2 ADUs and JADUs:
1.
Zoning.
a.
A Class 1 ADU subject only to a building permit under subsection E.1 may be created on a lot in a residential or mixed-use zone.
b.
A Class 2 ADU subject to an ADU permit under subsection E.2 above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
2.
Height.
a.
Except as otherwise provided by subsections F.2.b and F.2.c below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height.
b.
A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c.
A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
d.
An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection F.2.d may not exceed two stories.
e.
For purposes of this subsection F.2, height is measured from the finished grade to the peak of the structure in compliance with Section 20.305.050.
4.
Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
5.
No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
6.
Septic System Prohibited. The ADU or JADU must connect to the sewer system, septic systems are prohibited for every ADU and JADU.
7.
Owner Occupancy.
a.
ADUs. ADUs are not subject to an owner-occupancy requirement.
b.
JADUs.
i.
Generally. As required by state law, JADUs are generally subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence.
ii.
Exceptions. The owner-occupancy requirement in this subsection F.7.b does not apply in either of the following situations:
8.
Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
a.
Except as otherwise provided in Government Code Section 66341, the ADU or JADU may not be sold separately from the primary dwelling.
b.
The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c.
The deed restriction runs with the land and may be enforced against future property owners.
d.
The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
e.
The deed restriction is enforceable by the director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
9.
Rent Reporting. In order to facilitate the City's obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and 66330, the following requirements must be satisfied:
a.
With the building-permit application, the applicant must provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
b.
Within 90 days after each January 1 following issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the City does not receive the report within the 90-day period, the owner is in violation of this Code, and the City may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the City may enforce this provision in accordance with applicable law.
10.
Building and Safety.
a.
Must Comply with Building Code. Subject to subsection F.10.b below, all ADUs and JADUs must comply with all local building code requirements.
b.
No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection F.10.b prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
11.
Certificate of Occupancy Timing.
a.
Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit.
b.
Limited Exception for State-Declared Emergencies. Notwithstanding subsection F.10.a above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
i.
The County is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025.
ii.
The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor's state of emergency proclamation.
iii.
The ADU has been issued construction permits and has passed all required inspections.
iv.
The ADU is not attached to the primary dwelling.
G.
Specific ADU Requirements. The following requirements apply only to Class 2 ADUs approved under subsection E.2 above. This subsection G does not apply to Class 1 ADUs or JADUs approved under subsection E.1 above.
1.
Maximum Size.
a.
The maximum size of a detached or attached ADU subject to this subsection F is 850 square feet of interior livable space for a studio or one-bedroom unit and 1,000 square feet if interior livable space for a unit with two or more bedrooms.
b.
An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
c.
Application of other development standards in this subsection G, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection G.1.b above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to have less than 800 square feet of interior livable space.
2.
Floor Area Ratio (FAR). No ADU subject to this subsection G may cause the total FAR of the lot to exceed the ranges set in the table below, subject to subsection G.1.c above:
FAR/Target Range | General GLMX | North Gateway NGMX | South Gateway SGMX |
|---|---|---|---|
Target Density Range | Density range for residential uses expressed as dwelling units per NET acre | ||
Residential Uses | 25 - 45 du/ac | 25 - 45 du/ac | 30 - 60 du/ac |
Target Intensity Range | Floor area ratio (FAR) for nonresidential uses | ||
Nonresidential Uses (1) | 1.0 - 2.0 | 1.0 - 2.0 | 1.5 - 3.0 |
4.
Lot Coverage. No ADU subject to this subsection G may cause the total lot coverage of the lot to exceed the maximums allowed in the below, subject to subsection G.1.c above.
Lot Coverage | RE | RL | RM | RH |
|---|---|---|---|---|
Interior Lot | 30% | 40% | 50% | 65% |
Corner Lot | 35% | 45% | 50% | 65% |
5.
Impervious Surface Coverage. Maximum percentage of the total gross lot area that may be covered by structures and impervious surfaces shall not exceed 70 percent, subject to subsection G.1.c above.
7.
Parking.
a.
Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection C above.
b.
Exceptions. No parking under subsection F.7.a is required in the following situations:
i.
The ADU is located within one-half mile walking distance of public transit, as defined in subsection C above.
ii.
The ADU is located within an architecturally and historically significant historic district.
iii.
The ADU is part of the proposed or existing primary residence or an accessory structure.
iv.
When on-street parking permits are required but not offered to the occupant of the ADU.
v.
When there is an established car share vehicle stop located within one block of the ADU.
vi.
When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections G.7.b.i through G.7.b.v above.
c.
No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
8.
Architectural Requirements.
a.
The materials and colors of the exterior walls, roof, and windows and doors must be the same architectural design and appearance as those of the primary dwelling.
b.
The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
c.
The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
d.
The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
e.
The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.
f.
No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.
g.
All windows and doors in an ADU less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
H.
Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under subsections E.1 or E.2 above.
1.
Impact Fees.
a.
No impact fee is required for an ADU that is less than 750 square feet of interior livable space in size. For purposes of this subsection H.1, "impact fee" means a "fee" under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the Quimby Act (Government Code Section 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
b.
A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code Section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code Section 17620.
c.
Any impact fee that is required for an ADU that is 750 square feet or larger of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling).
2.
Utility Fees.
a.
If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
b.
Except as described in subsection H.2.a, converted ADUs on a single-family lot that are created under subsection E.1.a above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this Code.
c.
Except as described in subsection H.2.a, all ADUs that are not covered by subsection H.2.b above require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the City. All utilities that are not provided by the City are subject to the connection and fee requirements of the utility provider.
i.
The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
ii.
The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.
I.
Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
1.
Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
2.
Unpermitted ADUs and JADUs Constructed Before 2020.
a.
Permit to Legalize. As required by State law, the City may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
i.
The ADU or JADU violates applicable building standards; or
ii.
The ADU or JADU does not comply with State ADU or JADU law this ADU ordinance (Section 20.400.330).
b.
Exceptions:
i.
Notwithstanding subsection I.2.a above, the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3.
J.
Restricted Areas. ADUs or JADUs shall not be allowed where roadways, public utilities and services are inadequate with reference to objective and published thresholds established by the utility or service provider. To ensure access by public safety vehicles, an ADU may not be located on a lot that fronts a roadway that is narrower than the minimum road width standards established by the Orange County Fire Authority's Master Plans for Commercial and Residential Development (as the same may be amended from time to time).
(Ord. 1097 § 3, 2020; Ord. 1108 § 2, 2021; Ord. 1114 § 2, 2022; Ord. 1123 § 2, 2022;Ord. 1127, 2/28/2023; Ord. 1150, 12/10/2024; Ord. 1167, 12/9/2025; Ord. 1168, 12/9/2025)
§ 20.400.340 Senior Residential Projects.
This Section establishes standards for senior residential projects, where allowed in compliance with Article 2 (Zones, Allowed Uses, and Zone-Specific Standards).
A.
Density. The allowable density for a senior residential project shall not exceed the densities allowed in Table 2-3 (Development Standards for Residential Zones). A density bonus may be approved for affordable housing units in compliance with Chapter 20.330 (Affordable Housing - Density Bonuses).
B.
Location. Senior residential projects shall be located in areas that offer appropriate services for the residents of these facilities, including medical, transportation, shopping, recreational and nutritional programs.
C.
Development standards. Senior residential development shall comply with the standards in Table 4-2 (Development Standards for Senior Residential Projects).
Table 4-2 Development Standards for Senior Residential Projects - 5+ Units | |
|---|---|
Development Feature | Standard |
Site Area | 10,000 sq ft minimum |
Setbacks | Building setbacks from a project's exterior streets and boundary lines shall be the same as those required by the zone in which the project is located. |
Unit Size | Studio/Efficiency Unit - 500 sq ft minimum One-Bedroom Unit - 650 sq ft minimum Two-Bedroom Unit - 800 sq ft minimum |
Open Space - Private | Studio/Efficiency and One-Bedroom Units - 60 sq ft minimum/unit* Two- Bedroom Units - 120 sq ft minimum/unit* |
*Minimum 6 ft dimension in any horizontal direction | |
Open Space - Common | 5 to 49 Units - 2,500 sq ft minimum 50 Units or more - 50 sq ft minimum per unit |
Private Storage (exterior to dwelling unit) | 80 cu ft minimum per unit |
Accessibility | 15% of total number of units shall be ADA-compliant 85% of total number of units shall be adaptable |
D.
Design.
1.
At least 25 percent of the units under affordability covenant shall be one bedroom or more.
2.
Only structures with fully self-contained dwelling units are allowed. Kitchenettes (small refrigerator, sink and/or microwave oven) may be allowed in lieu of separate kitchen and dining areas provided that they are sized to meet the immediate needs of the occupants of the unit.
3.
ADA-compliant units shall be provided as required in Table 4-2 (Development Standards for Senior Residential Projects) and shall be distributed equally throughout the project. For the purposes of this Section, ADA-compliant dwelling units include features that comply with the ADA Standards for Accessible Design issued by the Department of Justice and published in the Code of Federal Regulations (e.g., no-step entrance; wider interior doorways and hallways than required by the standard Building Code; bathrooms with adequate maneuvering space for wheelchairs, accessible showers, and tubs; accessible environmental controls and light switches, etc.).
4.
The main pedestrian entrance to the development, common areas, and the parking facility/lot shall be provided with handicapped access.
E.
Common facilities. The development shall provide one or more of the following common facilities for the specified use of the residents:
1.
An enclosed community clubhouse facility containing seven square feet per unit, with a minimum of 400 square feet, may provide up to 50 percent of the common open space requirement. The facility shall include handicapped bathrooms and a kitchen to be used by residents and their guests for entertaining only;
2.
Beauty and barber shop; and
3.
Central cooking and dining rooms for optional contract meal service.
4.
If units do not have their own laundry facilities, common laundry facilities of sufficient number and accessibility, consistent with the number of living units, and the Building Code, shall be provided. The laundry facilities shall have keyed access for tenants only.
F.
Parking. Parking shall be provided in compliance with Chapter 20.320 (Off-Street Parking and Loading Standards) and the following:
1.
Parking requirements may be adjusted on an individual project basis in compliance with Section 20.320.040 (Adjustments to Parking Requirements), subject to a parking study based on project location and proximity to services for senior citizens.
2.
Each project shall have at least one passenger loading area that complies with the handicapped requirements in the Building Code;
3.
Adequate, shaded, and suitably-striped paved areas shall be provided for shuttle service parking. Bus turn-outs and shelters shall be provided on the on-site arterial frontage if the project is located on a designated bus route stop.
G.
Covenants, conditions, and restrictions (CC&Rs). The occupancy of all dwelling units for each senior citizen housing development shall be secured by appropriate conditions, covenants, and restrictions (CC&Rs) recorded against the property. The CC&Rs shall be subject to approval by the City Attorney.
(Ord. 1017, 2013)
§ 20.400.350 Single Room Occupancy (SRO) Facility.
This Section provides standards for single-room occupancy (SRO) facilities, where allowed in compliance with Article 2 (Zones, Allowed Uses, and Zone-Specific Standards).
A.
General requirements.
1.
SRO facilities shall comply with the City's most recently adopted Housing Element, Building, Plumbing, Fire, and Electrical Codes.
2.
All units within an SRO shall be restricted to very-low and low-income persons as defined by State regulation, with the exception of the manager.
3.
Rental procedures shall allow for both weekly and monthly tenancies only; deposit requirements shall be specified for each type of tenancy.
4.
A management plan shall be submitted for review and approval with the Conditional Use Permit application. The management plan shall include the following: management plans; policies; operations; emergency procedures; security program; rental procedures; proposed rental rates; maintenance plans; staff requirements; and tenant mix, selection and regulations.
5.
An annual report shall be filed with the Department that includes the range of monthly rents, the monthly income of residents, occupancy rates, and the number of vehicles owned by residents.
B.
Unit requirements.
1.
Minimum unit size shall be 170 square feet.
2.
Maximum unit size shall be 400 square feet.
3.
The average size of units within the project shall not exceed 275 square feet.
4.
A maximum of one person may reside in any unit that is less than 220 square feet in size. A maximum of two persons are allowed to reside in any unit, except the manager's unit.
5.
Each unit shall contain kitchen facilities and a bathroom.
a.
Kitchens shall contain a sink with a garbage disposal, counter top, refrigerator and stove or microwave oven.
b.
If stoves are not provided in each unit, then stoves shall be provided in a common kitchen area.
c.
Bathrooms shall contain a sink, toilet and shower or bathtub.
d.
Each unit shall contain a minimum of 48 cubic feet of storage/closet space.
C.
Project requirements.
1.
Common recreational open space shall be provided in each project.
a.
Minimum common recreational open space shall be 400 square feet.
b.
For projects exceeding 30 units, additional square footage for units less than 220 square feet is 10 square feet per each unit over 30, for units 220 square feet or greater, an additional 15 square feet per each unit over 30 is required.
c.
Common recreational open space may be indoors or outdoors provided there is at least 40 percent allotted toward indoor open space and 40 percent to outdoor open space. The balance may be either indoors or outdoors.
d.
Common recreation space may be in separate areas provided each space is not less than 200 square feet with a minimum 10-foot dimension.
e.
Required landscape areas may not be utilized to meet common recreational open space requirements.
2.
A single controlled entryway shall be situated adjacent to and in full view of the manager's desk, with the exception of converted motel configurations.
3.
A mailbox shall be provided for each unit.
4.
Handicap access facilities shall be required by applicable State or local law. At least one handicapped accessible unit shall be required for every 15 units.
5.
Laundry facilities shall be provided in a separate room in a location near the common indoor recreation space. Washers and dryers may be coin-operated.
6.
Storage lockers shall be provided in a secured area.
a.
A cumulative total of locker space shall be no less than 10 cubic feet per unit.
b.
A cleaning supply storeroom and/or utility closet with at least one laundry tub with hot and cold water on each floor of each building shall be provided.
c.
Bicycle stalls shall be provided at a minimum of one stall per 10 units in a secure and enclosed area.
7.
A minimum of two pay phones shall be provided in the lobby area for outgoing calls only.
(Ord. 1017, 2013)
§ 20.400.360 Solid Waste Transfer Station.
This Section provides standards for solid waste transfer stations, where allowed in compliance with Article 2 (Zone-Specific Standards).
A.
Landscaping. Setback areas shall be landscaped in compliance with Chapter 20.315 (Landscaping Standards). No parking shall be allowed in landscape areas.
B.
Screening. All transfer station activities and accessory uses shall be screened from public view and from adjacent property through structure design, the use of block walls, and/or landscaping.
C.
Setback. A 100-foot wide landscape strip shall be required to buffer adjacent residentially-zoned areas from adverse impacts caused by transfer station activities.
(Ord. 1017, 2013)
§ 20.400.370 Swap Meets.
This Section provides standards for the establishment and operation of indoor swap meets, where allowed in compliance with Article 2 (Zones, Allowed Uses, and Zone-Specific Standards).
B.
Dimensional standards.
1.
Indoor swap meets shall be established only in structures containing 5,000 square feet or more of gross floor area.
2.
The minimum average square footage of a partitioned cubicle or stall space (booth) shall be 150 square feet. The minimum size for an individual stall shall be 100 square feet, and a maximum of 25 stall spaces shall be allowed to contain 100 square feet.
3.
Aisles shall have a minimum width of seven feet.
4.
Each stall space shall be partitioned with partition walls at a height of not less than five feet, six inches. Scissor-type gating shall not be used to separate vendors or vending areas.
C.
Operating standards.
1.
No adult-oriented business, as defined in Chapter 20.460 (Adult-Oriented Businesses) shall be allowed.
2.
No loudspeakers or sound equipment that can be heard from exterior or semipublic areas shall be used on the premises.
3.
Security personnel shall be provided during hours of operation.
4.
All floor areas of indoor tenant spaces shall be covered with a commercial grade tile or carpeting.
(Ord. 1017, 2013)
§ 20.410.010 Purpose.
This Chapter provides standards for accessory structures to ensure that they are consistent with the character of the zone where located.
(Ord. 1017, 2013)
§ 20.410.020 Applicability.
A.
The standards in this Chapter shall apply to accessory structures in all zones, including structures that are exempt from land use permit requirements under Section 20.205.050 (Exemptions from Permit Requirements) (i.e., structures that do not exceed 120 square feet in total area; structures that do not contain more than 2,000 gallons of water; or structures that do not exceed three feet in height).
B.
The standards in this Chapter shall not apply to the following:
1.
Accessory structures used for animal-keeping purposes that comply with Section 20.400.040 (Animal Keeping);
2.
Detached accessory units used for living purposes that comply with Section 20.400.330 (Accessory Dwelling Units);
3.
Satellite/dish and amateur radio antennas that comply with Section 20.400.330 (Satellite Dish Antenna); and
(Ord. 1017, 2013; Ord. 1071 § 8, 2017; Ord. 1097 § 3, 2020)
§ 20.410.030 General Standards for All Accessory Structures.
A.
Relationship to primary use. An accessory structure shall be:
B.
Construction, design, and location criteria.
1.
The design and features of accessory structures (e.g., colors, materials, roof form, windows, etc.) shall complement or match the appearance of the primary structure.
2.
Accessory structures shall be constructed using conventional construction methods and materials for accessory structures, including pre-manufactured or pre-fabricated accessory structures. In the General Industrial Zones (IG Zones) only, detached accessory structures may be constructed of metal (e.g., flashing, sheet-metal, vent-stacks, mechanical equipment, etc.) provided that the metallic surfaces are painted or covered to match adjacent surfaces.
3.
Accessory structures shall not be structurally attached to a fence or wall located on a lot line.
4.
Accessory structures shall be located so no water runs off onto other property.
5.
Accessory structures shall not obstruct access to any primary structures or accessory dwelling units.
(Ord. 1017, 2013; Ord. 1071 § 8, 2017)
§ 20.410.040 Accessory Structures in Nonresidential Zones.
This Section provides standards for structures and uses that are accessory to primary structures in nonresidential zones.
A.
Attached accessory structures. Attached accessory structures in nonresidential zones shall comply with the standards applicable to the primary structure in the zone where located [i.e., Table 2-6 (Development Standards for Commercial Zones), Table 2-8 (Development Standards for Industrial Zones), Table 2-10 (Development Standards for Special Purpose Zones), and Section 20.230.050 (Development Standards for Mixed-Use Overlay Zones)].
B.
Detached accessory structures.
1.
Location. Accessory structures shall be located only in rear and interior side yard areas.
2.
Height. Accessory structures shall not exceed a height of 16 feet, except that accessory structures in the Business Park Zone (BP Zone) and Industrial General Zone (IG Zone) shall not exceed two stories and 32 feet in height.
3.
Separation. One story accessory structures shall maintain a minimum separation of 10 feet from all other structures and two story accessory structures shall maintain a minimum separation of 15 feet.
4.
Setbacks.
a.
Accessory structures shall be set back a minimum of five feet from any rear or side lot line.
b.
If the lot abuts a residentially zoned lot, accessory structures shall be set back a minimum of 10 feet.
c.
If the lot is in the Solid Waste Transfer Zone (SW Zone), accessory structures shall be set back a minimum of 25 feet.
d.
Accessory structures may not be located in the front setback area.
(Ord. 1017, 2013)
§ 20.410.050 Accessory Structures in Residential Zones.
This Section provides standards for accessory structures located in residential zones.
A.
Attached accessory structures. Attached accessory structures shall comply with the standards in Table 2-3 (Development Standards for Residential Zones).
B.
Detached accessory structures.
1.
The use of an accessory structure as a dwelling unit, sleeping quarters, or a housekeeping unit is prohibited, except for an accessory dwelling unit approved in compliance with Section 20.400.330 (Accessory Dwelling Units).
2.
A cargo container is prohibited as a detached accessory structure in any residential zone.
3.
The enclosure of a patio shall require processing as a room addition in compliance with Section 20.305.060 (Residential Zone Room Additions and Design Guidelines) and shall meet the setback requirements applicable to a primary structure.
4.
Detached accessory structures shall not be located in a primary dwelling front yard area or in any street-side setback area. They may be located only in rear and interior side setback areas. See Figure 4-1 (Location Criteria for Detached Accessory Structures).
Table 4-3 Development Standards for Detached Accessory Structures in Residential Zones | ||||||
|---|---|---|---|---|---|---|
Development Feature | RE | RL | RM | RH | ||
Height (Maximum) | ||||||
16 ft | 16 ft | 16 ft | 16 ft | |||
Separation Distance (Minimum) | ||||||
SFD | MF | SFD | MF | |||
6 ft | 6 ft | 6 ft | 10 ft | 6 ft | 10 ft | |
Footprint (Maximum) (1) | ||||||
Individual Structure | 640 sq ft | 640 sq ft | 640 sq ft | 640 sq ft | ||
Combined total | 10% of lot size or 1,000 sq ft, whichever is less | 10% of lot size or 1,000 sq ft, whichever is less | 10% of lot size or 1,000 sq ft, whichever is less | 10% of lot size or 1,000 sq ft, whichever is less | ||
Allowed Encroachments / Projections into Required Setback Areas | See Table 3-2.1 (Allowed Encroachments / Projections into Required Setback Areas in Residential Zones). | |||||
Notes: | |
|---|---|
(1) | The footprint of a covered accessory structure shall not exceed the footprint of the related primary structure. |
(Ord. 1017, 2013; Ord. 1071 § 8, 2017; Ord. 1097 § 3, 2020)
§ 20.410.060 Accessory Retail and Service Uses.
This Section provides standards for retail and service uses that are accessory to a primary use in the Business Park Zones (BP Zones) and the General Industrial Zones (IG Zones).
A.
In the General Industrial Zone (IG Zone) accessory retail sales areas and activities shall:
1.
Be contained within the primary structure that houses the primary use. Outdoor retail sales or display of merchandise is prohibited.
2.
Not exceed the gross floor area limitations indicated in Table 2-7 (Allowed Uses and Permit Requirements for Industrial Zones) (i.e., shall not exceed 15 percent of total gross floor area).
3.
Be limited to the sale of office supplies, snack foods (no preparation), gifts/cards, personal effects and sundries, etc., or goods manufactured, warehoused, or assembled on-site.
B.
In the Business Park Zone (BP Zone) accessory commercial and office space shall not exceed 35 percent of the gross floor area of the primary use and shall be subject to the following limitations:
1.
The accessory space shall serve employees of the primary use.
2.
No exterior signs shall advertise the accessory use.
3.
The primary use shall front a principal, primary or major arterial street, as identified in General Plan Exhibit 5-1 (Roadway Classifications) in the Infrastructure and Community Services Element of the General Plan.
C.
In the Business Park Zone (BP Zone) accessory retail uses shall be limited to 15 percent of the gross square footage of the development.
(Ord. 1017, 2013)
§ 20.420.010 Purpose.
This Chapter provides standards and guidelines for multi-family development. The guidelines are intended as a reference to assist the designer/developer in understanding the City's clearly stated goals and objectives for high quality multi-family residential development. These guidelines shall be utilized during the design of the project as well as during the City's development review process to encourage the highest level of design quality while at the same time providing the flexibility necessary to encourage creativity on the part of project designers.
(Ord. 1017, 2013)
§ 20.420.020 Applicability.
A.
These standards and guidelines shall apply to all proposed multi-family residential projects, where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards). Multi-family residential projects shall include projects with two or more attached or detached dwelling units where units are either rental or fee ownership. Multi-family residential projects may include apartments or condominiums.
B.
Any addition, remodeling, relocation, or construction requiring a Building Permit shall adhere to these standards and guidelines.
(Ord. 1017, 2013)
§ 20.420.030 Processing.
A.
Projects of three or fewer units shall require a Zoning Clearance in compliance with Chapter 20.560 (Zoning Clearance).
B.
Projects of four to 50 units shall require approval of a Site Plan and Design Review in compliance with Chapter 20.530 (Site Plan and Design Review).
(Ord. 1017, 2013)
§ 20.420.040 Common Amenities and Facilities.
A.
Types of required amenities. All multi-family projects shall provide the number of amenities indicated in Table 4-4 (On-Site Recreation Amenities for Multi-Family Projects). The developer shall select the amenities to be provided. Recreational amenities shall be designed to serve the anticipated inhabitants of the residential project.
B.
Minimum number of amenities. Multi-family developments with 12 or more units shall provide on-site recreational amenities within the site that may include: a swimming pool; spa; clubhouse; project office; tot lot with play equipment; picnic-shelter—barbecue area; court game facilities such as tennis, basketball, or racquetball; improved softball or baseball fields; or daycare facilities. The type of amenities shall be approved by the Director and provided according to the following schedule:
Table 4-4 On-Site Recreation Amenities for Multi-Family Projects | |
|---|---|
Number of Units | Number of Amenities |
0—11 | 0 |
12—50 | 1 |
51—100 | 2 |
101 and over | 3 |
C.
Common areas and facilities.
1.
Common areas and facilities (i.e., open space, recreation facilities, parking areas, etc.) shall be owned and maintained by a mandatory homeowner's association in developments of fee ownership units.
2.
Every owner of a lot or dwelling unit shall have either an undivided interest in the common areas and facilities or shall own a share in the corporation, community association, or limited partnership owning the common areas and facilities.
3.
The corporation, community association, or limited partnership shall maintain the common areas and facilities as shown on the final approved Site Plan and Design Review.
D.
Covenants. The covenants, conditions, and restrictions (CC&Rs) shall include a plan for the permanent care and maintenance of common areas and communal facilities and shall be approved by the City Attorney and Director. The CC&Rs shall be approved before final or parcel map approval. When approved, the CC&Rs shall be recorded in the office of the Orange County Recorder.
E.
Administration. Management and security plans shall be submitted for review and approval for developments with 12 or more dwelling units. These plans shall be comprehensive in scope.
(Ord. 1017, 2013)
§ 20.420.050 Development Standards for Multi-Family Development.
This Section provides standards in addition to the standards in Article 2 (Zones, Allowed Uses, and Zone-Specific Standards) and Article 3 (Standards for All Zones).
A.
Minimum dwelling unit sizes. Table 4-5 (Minimum Dwelling Unit Sizes for Multi-Family Development) shows minimum dwelling unit sizes required for multi-family development. The dwelling unit size shall be computed by calculating the living area as measured from the outside of walls and excludes garages, carports, exterior courtyards, patios, and balconies. For purposes of calculation, any separately enclosed habitable room shall be considered a bedroom regardless of designation as a den, family room, study, or similar room.
Table 4-5 Minimum Dwelling Unit Sizes for Multi-Family Development | ||
|---|---|---|
Livable Area | Maximum Number Bedrooms | Minimum Number Baths |
Development up to 11 units | ||
600 sq ft | Bachelor | 1 |
675 sq ft | 1 bedroom | 1 |
850 sq ft | 2 bedroom | 1 |
1,025 sq ft | 3 bedroom | 2 (1 full, 1 half) |
175 sq ft | Additional bedrooms | |
Development of 12 or more units | ||
600 sq ft | Bachelor | 1 |
700 sq ft | 1 bedroom | 1 |
950 sq ft | 2 bedroom | 1 |
1,100 sq ft | 4 bedroom | 2 (1 full, 1 half) |
175 sq ft | Additional bedrooms | |
B.
Handicap provisions. In the RH (High Density Residential) zone, one unit per 15 shall be constructed with handicapped provisions.
C.
Circulation. Public and private streets within a development shall be designed to reflect the nature and function of the street and shall conform to City Standards and Specifications.
1.
Public streets dedicated to the City shall be constructed in compliance with City Standards and Specifications.
2.
Private streets shall be allowed when there is a homeowner's association established to maintain them. The streets shall be built to City Standards and Specifications.
3.
Construction of drainage and pavement shall conform to City Standards and Specifications.
4.
Driveway approaches within multi-family developments of 12 or more units shall be delineated with interlocking pavers, rough-textured concrete, or stamped concrete and landscaped medians.
D.
Parking.
1.
Off-street parking shall be provided in compliance with Chapter 20.320 (Off-Street Parking and Loading Standards). Spaces for multi-family residential developments shall be located within 150 feet of the dwelling unit (front or rear door) for which the parking space is provided.
2.
Carports.
a.
Carports shall have a minimum dimension of 10 feet by 20 feet with a minimum 25-foot turning radius.
b.
For multi-family rental units with three or more attached dwellings, carports shall be considered covered parking.
c.
When covered parking area is required for three or more dwellings, each dwelling unit shall be provided a minimum of 150 cubic feet of private enclosed storage space within the carport, garage, or immediately adjacent to the dwelling unit. A maximum of 25 percent of this total requirement may be satisfied within a common recreation or storage structure.
d.
Carports shall be designed as an integral part of the development and integrated architecturally with the residential structures.
e.
No carports shall be oriented toward or visible from a public right-of-way. The ends of carport structures shall be supplied with screening walls and/or mature landscaping to screen parking facilities.
f.
Driveway access points to public rights-of-way shall be offset or supplied with a landscaped median to screen the view of driveways and parked vehicles.
g.
Carports shall be adequately lit with a protected lighting system illuminating all interior portions of the carports, but not reflecting light toward dwelling units. The lighting system shall be operated on a timing device.
h.
Carports shall be assigned to units or shown as guest parking through the use of painted or affixed letters or numerals.
i.
No open storage or open storage bins shall be allowed within carports.
j.
Carports shall be constructed of low maintenance materials and shall have architecturally compatible solid decorative masonry block walls from grade to roof when built at the minimum setback line.
E.
Open space.
1.
Required Common Open Space.
a.
Multi-Family Development - Apartment: Multi-family development with 12 or more dwelling units shall provide 30 percent of the total site area for usable open space for passive and active recreational uses. Usable common open space areas shall have minimum dimensions of 15 feet in width.
b.
Multi-Family Development - Single-Family Detached Dwelling and Single-Family Attached Condominium Projects: A minimum of 5 percent of the total site area shall be dedicated for usable open space for passive and active recreational uses. Usable common open space areas shall have minimum dimensions of 15 feet in width. Required front and streetside setback areas may not be utilized for usable common open space.
2.
Multi-family development with 12 or more dwelling units shall provide 30 percent of the total site area for usable open space for passive and active recreational uses. Usable common open space areas shall have minimum dimensions of 15 feet in width.
3.
For purposes of this Chapter, usable open space shall not include a driveway, driveway easement, parking areas, required front or exterior street side open landscape setbacks, areas adjacent to or between any structures less than 15 feet apart, any portion of the required square footage for private patio/rear setback areas, or any type of roofed or enclosed structure except a specifically designated recreation structure. Interior side setbacks may apply toward open space, as well as any enclosed street side setbacks.
4.
Each one square foot of equipped outdoor recreation areas containing swimming pools; children's playgrounds with equipment; tennis, volleyball, shuffleboard, or handball courts; and similar facilities may count as fulfilling two square feet of required common open space area, subject to the Director's approval, for up to 30 percent of the total required open space.
5.
Each dwelling unit shall have direct access to the private open space designed to serve the unit.
6.
Each dwelling unit shall have a private (walled) patio or balcony, or a combination of the two, with the following minimum dimensions:
a.
Projects up to 11 units. A minimum area of 100 square feet for upper levels with a minimum dimension of seven feet in width; or a minimum area of 150 square feet for lower ground floor units, with a minimum dimension of 10 feet in width.
b.
Projects of 12 or more units. A minimum area of 250 square feet or 25 percent of the total dwelling unit size, whichever is less.
7.
Portions of private open space patios, balconies and rear setback areas may be applied to meeting the common open space requirement only when a private open space/patio area exceeds the minimum requirement as specified in Subparagraph 6, above.
8.
Only the square footage of the private open space that exceeds the minimum requirements may be applied towards common open space. However, private open space may not comprise more than 50 percent of the common open space requirement.
9.
Any patio enclosure shall be processed as a room addition. Setbacks of five feet from side and rear lot line shall be required.
F.
Setbacks. When a High Density Residential (RH) zone abuts a Residential Estate (RE) zone or a Low Density Residential (RL) zone at the rear or side lot line, additional setbacks are required as follows:
1.
Rear setbacks. An additional setback of five feet over the minimum 15 feet is required for two story structures, for a total of 20 feet; an additional five feet of setback is required for a third story, for a total of 25 feet.
2.
Side setbacks. An additional setback of five feet is required over the minimum setback of five feet for two story structures, for a total of 10 feet; an additional five feet of setback is required for a third story, for a total of 15 feet.
3.
Application of additional setbacks. Additional setbacks over the first story may be applied either as a setback from the lot line, or the structure may be stepped back above the first floor.
4.
Variable front setback. Projects with 12 or more units shall have a minimum setback of 20 feet. Variable front setbacks are encouraged, and 50 percent of garages, where included in site design as covered and enclosed, shall be set back an additional four feet from the front lot line.
G.
Laundry facilities. For multi-family residential projects of 12 or more units, common laundry facilities shall provide a minimum of two washers and two dryers, plus one additional washer and one additional dryer for each additional 12 units. Common laundry facilities are not required when washer/dryer hookups are provided within each individual unit.
H.
Storage areas. Storage areas shall be completely screened from exterior view by a combination of landscaping, masonry walls, fences or other comparable screening devices six feet in height, subject to the approval of the Director.
I.
Trash areas. Trash collection facilities must be provided for all residential developments. If the Waste Disposal Company allows the development to utilize single-unit trash receptacles for each unit and an agreement is in place, a trash enclosure would not be required to be provided on-site. For all other residential developments that the Waste Disposal Company does not permit individual unit trash pick-up, a trash enclosure must be provided. All trash and garbage collection areas shall be screened from view from any public street and shall be enclosed on all four sides with a minimum six-foot high decorative masonry block wall and non view-obscuring gate.
(Ord. 1017, 2013)
§ 20.420.060 Architectural Design.
A.
Window offset. Windows of multi-family residential units shall be offset at least three feet from, or angled to prevent a direct view into, the windows of an adjacent single-family residential dwelling in the Residential Estate (RE) zone and the Low-Density Residential (RL) zone.
B.
Upper story balconies. Upper story balconies shall face interior courtyards/open space areas within a multi-family development and shall not face into the side or rear setback areas of adjacent single-family residential zones.
C.
Multi-family residential projects 12 or more units. The following standards apply to all multi-family residential projects of 12 or more units:
1.
A six-foot high masonry block wall or other wall/fence shall be constructed along all interior lot lines and measured from the highest ground surface within 20 feet of the lot line.
2.
Structures in the RM zone shall not exceed two stories, or 32 feet. Attached single-family fee ownership or multi-family apartment structures in the High-Density Residential (RH) zone shall not exceed three stories, or 42 feet.
3.
A maximum of six units may be attached side-by-side and a minimum four-foot offset for every two units shall be provided on the front of the structure. See Figure 4-1 (Front Façade Design for Multi-Family Residential Development).
 Figure 4-1 Front Façade Design for Multi-Family Residential Development |
(Ord. 1017, 2013)
§ 20.430.010 Purpose.
This Chapter establishes standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities.
(Ord. 1017, 2013)
§ 20.430.020 Applicability.
Recycling facilities shall operate in compliance with the Beverage Recycling and Litter Reduction Act (Public Resources Code Division 12.1); Plastic Waste (Public Resources Code Section 18000 et seq.), Fiberglass Recycled Content Act (Public Resources Code Section 19500 et seq.); and the Used Oil Recycling Enhancement Act (Public Resources Code, Section 48600 et seq.).
(Ord. 1017, 2013)
§ 20.430.030 Certified Small Used Oil Collection Units.
Certified small used oil collection units (400 gallons or less) are automatically allowed in commercial and industrial zones provided that they are maintained inside a structure and as an accessory use to a business licensed for vehicle-related use.
(Ord. 1017, 2013)
§ 20.430.040 Reverse Vending Machines.
This Section provides standards for the location and operation of reverse vending machines, where allowed by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
A.
Defined. A reverse vending machine is an automated enclosed mechanical device that accepts empty beverage containers (i.e., aluminum cans, glass, and plastic bottles) for sorting and processing and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the State.
B.
Accessory use. Reverse vending machine(s) may be an accessory use to a commercial or industrial use that fully complies with this Zoning Code.
C.
Parking. Reverse vending machine(s) shall not require additional parking spaces for recycling customers and shall not occupy parking spaces required by the primary use.
D.
Location. Reverse vending machines shall be located within 30 feet of a building entrance and shall not obstruct pedestrian or vehicular circulation.
E.
Features. Reverse vending machines shall:
1.
Occupy a maximum of 50 square feet of floor space per installation, including any protective enclosure, and shall be a maximum of eight feet in height.
2.
Be constructed and maintained with durable waterproof and rustproof material.
3.
Be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.
4.
Be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.
5.
Have a sign area of a maximum of four square feet per machine, exclusive of operating instructions.
F.
Operating requirements. Reverse vending machines shall:
G.
Signs. A reverse vending machine may have a sign with a maximum of four square feet of sign area, exclusive of operating instructions.
(Ord. 1017, 2013)
§ 20.430.050 Small Collection Facilities.
This Section provides standards for the location and operation of small collection facilities, where allowed by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
A.
Defined. Small collection facilities accept recyclable materials from the public by donation, redemption, or purchase and may include any of the following, which are no larger than 500 square feet:
1.
Mobile recycling units. A mobile recycling unit consists of a vehicle, truck, trailer, or van, licensed by the Department of Motor Vehicles that is used for the collection of recyclable materials, including bins, boxes, or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials.
2.
Bulk reverse vending machines. A bulk reverse vending machine consists of a reverse vending machine that is larger than 50 square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container.
3.
Grouping of reverse vending machines. A grouping of reverse vending machines occupying more than 50 square feet.
4.
Kiosk-type units that may include permanent structures.
B.
Accessory use. Small collection facilities may be an accessory use to a commercial or industrial use that fully complies with this Zoning Code.
C.
Location. Small collection facilities of any type shall:
1.
Occupy a maximum of five parking spaces not including space that will be periodically needed for removal of materials or exchange of containers.
2.
Be set back at least 10 feet from any public right-of-way, shall not obstruct pedestrian or vehicular circulation, and shall be located to the rear whenever possible.
3.
Not be located within 100 feet of any residential zone, if an attended facility.
D.
Operating standards. Small collection facilities shall:
1.
Accept only glass, metals, plastic containers, papers, and reusable items.
2.
Use no power-driven processing equipment, except for reverse vending machines.
3.
Use containers that are constructed and maintained with durable waterproof and rustproof material; covered when site is not attended; secured from unauthorized entry or removal of material; and of sufficient capacity to accommodate materials collected.
4.
Store all recyclable material in the mobile unit vehicle and shall not leave materials outside of the unit when attendant is not present.
5.
Be maintained in a clean and sanitary manner free of litter and any other undesirable materials, including mobile facilities.
6.
Not exceed noise levels of 65 dBA measured at the lot line of adjacent residential zones.
7.
Not be 24-hour operations and have an attendant during hours that open.
8.
Maintain adequate refuse containers for the disposal of nonhazardous waste.
E.
Design criteria.
1.
Collection containers, site fencing and signs shall be of color and design so as to be compatible with and to harmonize with the surrounding uses and neighborhood.
2.
Small collection facilities may be subject to landscaping and/or screening requirements as determined by the review authority.
3.
The facility shall not impair the landscaping required by Chapter 20.315 (Landscaping Standards) for any concurrent use.
4.
Containers shall be clearly marked to identify the type of material that may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation and display a notice stating that no material shall be left outside the recycling enclosure or containers.
F.
Signs. Signs may be provided as follows:
1.
Recycling facilities may have identification signs with a maximum of 15 percent per side of a structure or 16 square feet, whichever is less. In the case of a wheeled facility, the side will be measured from the ground to the top of the container.
2.
Signs shall be consistent with the character of their location.
G.
Parking and circulation.
1.
No additional parking space shall be required for customers of a small collection facility located at the established parking lot of the primary use. One space shall be provided for the attendant, if needed.
2.
Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.
3.
Occupation of parking spaces by the facility and by the attendant shall not reduce available parking spaces below the minimum number required for the primary use unless all of the following conditions exist:
(Ord. 1017, 2013)
§ 20.430.060 Large Collection Facilities.
This Section provides standards for the location and operation of large collection facilities, where allowed by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
A.
Defined. Large collection facilities accept recyclable materials from the public by donation, redemption, or purchase and may include permanent structures and any of the following, which are larger than 500 square feet or on a separate lot not accessory to a primary use:
1.
Mobile recycling units. A mobile recycling unit consists of a vehicle, truck, trailer, or van, licensed by the Department of Motor Vehicles that is used for the collection of recyclable materials, including bins, boxes, or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials.
2.
Bulk reverse vending machines. A bulk reverse vending machine consists of a reverse vending machine that is larger than 50 square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container.
3.
Grouping of reverse vending machines. A grouping of reverse vending machines occupying more than 50 square feet.
4.
Kiosk-type units that may include permanent structures.
B.
Primary use. Large collection facilities may be on a separate lot not accessory to a primary use.
D.
Operating standards.
1.
The site shall be maintained clean, sanitary, and free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis.
2.
Noise levels shall not exceed 65 dBA as measured at the lot line of adjacent residential zones.
3.
If the facility is located within 200 feet of property designated or planned for residential use, it shall not operate between the hours of 7:00 p.m. and 7:00 a.m.
4.
Exterior storage of material shall be in sturdy containers that are covered, secured, and maintained in good condition. Outdoor storage shall be screened by a six-foot, solid decorative masonry wall. No storage, excluding truck trailers, shall be visible above the height of the wall. No outdoor storage shall be allowed in the zones that do not permit outdoor storage.
5.
Containers provided for after-hours donation of recyclable materials shall be permanently located, constructed of sturdy rustproof material, and shall have sufficient capacity to accommodate materials collected and be secure from unauthorized entry or removal of materials.
6.
Donation areas shall be kept free of litter and any other undesirable material and the containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.
7.
Adequate refuse containers for the disposal of nonhazardous waste shall be permanently maintained on-site.
G.
Signs. The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs shall meet the applicable standards in Section 20.325.100 (Standards for Permanent Signs); and directional signs bearing no advertising message may be installed with the approval of the Director, if necessary to facilitate traffic circulation.
(Ord. 1017, 2013)
§ 20.430.070 Light and Heavy Processing Facilities.
This Section provides standards for the location and operation of light and heavy processing facilities, where allowed by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
A.
Defined. A processing facility is a structure or enclosed space used for the collection and processing of recyclable materials to prepare for either efficient shipment, or to an end-user's specifications by means of baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Processing facilities include the following:
1.
Light processing facility occupies an area of under 45,000 square feet of collection, processing and storage area, and averages two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.
2.
A heavy processing facility is any processing facility other than a light processing facility.
C.
Operating standards.
1.
Processors shall operate within a completely enclosed structure.
2.
Power-driven processing shall be allowed provided all noise level requirements are met.
3.
Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials.
4.
A light processing facility shall be no larger than 45,000 square feet and shall have a maximum of an average of two outbound truck shipments of material per day and shall not shred, compact or bale ferrous metals other than food and beverage containers.
5.
Exterior storage of material shall be in sturdy containers or enclosures that are covered, secured and maintained in good condition. Storage containers for flammable materials shall be constructed of nonflammable material. No storage excluding truck trailers shall be visible above the height of the required walls.
6.
The site shall be maintained in a clean manner and free of litter and any other undesirable material(s). Loose debris shall be collected on a daily basis and the site shall be secured from unauthorized entry and removal of materials when attendants are not present.
7.
Noise levels shall not exceed 65 dBA as measured at the property line of residential zones.
8.
If the facility is located within 500 feet of property designated or planned for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.
9.
The facility shall be administered by on-site personnel during the hours the facility is open.
10.
Any containers provided for after-hours donation of recyclable materials shall be situated at least 100 feet from any residentially-zoned lot, and shall be sturdy, rustproof construction, with sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials.
11.
Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.
12.
No dust, fumes, smoke, vibration or odor above ambient level shall be detectable from adjacent residentially designated lots.
13.
The facility shall maintain adequate on-site refuse containers for the disposal of nonhazardous waste.
D.
Landscaping and screening. Landscaping shall be provided in compliance with the requirements for the zone where the facility is located.
E.
Parking and circulation.
1.
Space shall be provided on-site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, a parking area shall be provided for a minimum of 10 customers at any one time.
2.
One employee space shall be provided for each commercial vehicle operated by the processing center.
(Ord. 1017, 2013)
§ 20.435.010 Purpose.
The purpose of this Chapter is to enact and enforce standards for donation collection boxes located within the City limits. Nothing in this chapter shall preempt or make inapplicable any provision of State or Federal law.
(Ord. 1042 § 7, 2015)
§ 20.435.020 Definitions.
As used in this Chapter, the following terms, words and phrases have the meanings as defined in this Section, unless another meaning is clearly apparent from the context:
means the Community Development Department.
means the Community Development Director of the City of Stanton.
means any metal, plastic, cardboard or wooden box, bin, container, trailer, accessory structure, or similar facility located outside of an enclosed building or in a parking lot or other public place, provided by a person, organization, or collection center for the primary purpose of receiving or storing donated salvageable personal property, including household goods, clothing, textiles, toys, and other similar small items that are left unattended without an on-site operator.
means to place, operate, maintain, own or otherwise control a donation collection box.
means any person who operates a donation collection box in the City.
means an administrative site review permit to place, locate, maintain, or operate a donation collection box within the City.
means that term as defined in Section 1.04.040 of this Code.
means the real property on which a donation collection box is operated, maintained, owned, or otherwise controlled.
means the owner of record of the real property on which a donation collection box is operated, maintained, owned, or otherwise controlled.
does not include recyclable solid waste as defined in Section 6.04.010 of this Code. Furthermore, salvageable personal property shall not include furniture, appliances, musical instruments, or other large items of bulk, nor shall include any biological or organic material, nor any hazardous material.
(Ord. 1042 § 7, 2015)
§ 20.435.030 Exception for Recycling Facilities.
A recycling facility, as that term is defined by Section 20.700.060 of this Code, is and shall be governed by the provisions of Title 20 of this Code, and a recycling facility used exclusively as a recycling facility pursuant to the provisions of Title 20 of this Code shall be not deemed a donation collection box.
(Ord. 1042 § 7, 2015)
§ 20.435.040 Applicability and Permissible Use.
A.
A permit shall be required for any donation collection box installed, constructed, maintained, or located in the City.
B.
Nonresidential zones. Donation collection boxes shall be permitted in the Commercial General (CG) and Industrial General (IG) Zones with a permit, subject to the development standards set forth in Section 20.435.060.
C.
Residential zones. Donation collection boxes shall not be permitted in any residentially zoned properties.
D.
Mixed use developments. Donation collection boxes shall be permitted on properties with mixed used developments within the commercial portion of the development with a permit, subject to the development standards set forth in Section 20.435.060.
E.
An unattended book donation box for the collection of books only, located at public libraries on City property with the written permission of the City, shall be exempt from this Section.
(Ord. 1042 § 7, 2015)
§ 20.435.050 Application Requirements.
An application for a permit shall be filed with the Director on a form provided by the Department with a nonrefundable fee in an amount established by resolution of the City Council. The application fee shall be used to defray the costs of investigation, report, and related application processing issues. The form must be fully completed and executed and returned to the Department. The application shall include the following:
A.
Complete operator information including company/organization name, address, telephone number, and e-mail address, and the names, addresses, and e-mail of all the partners or limited partners of a partnership applicant, all members of an LLC applicant, all officers and directors of a non-publicly traded corporation applicant, all stockholders owning more than five percent of the stock of a non-publicly traded corporate applicant, and any other person who is financially interested directly in the ownership or operation of the business, including all aliases;
B.
Information pertaining to the applicant's status with the Secretary of State;
C.
The primary contact name, address, telephone number, and e-mail address for all matters related to the donation collection box;
D.
Written consent from the property owner or property owner's agent to placement of the box on the property, including name, address, telephone number, and e-mail address of property owner or property owner's agent;
E.
Informed consent from the property owner or property owner's agent acknowledging responsibility and compliance with the provisions of this Chapter;
F.
Written acknowledgement by the applicant and property owner or property owner's agent that in the event the permit is approved, the operator and property owner agree to indemnify and hold the City harmless concerning the City's approval of the permit, the operation and maintenance of the box, and any other matter relating to the donation collection box, including, without limitation, the City's enforcement of this Chapter and the City's removal of the box in accordance with this Chapter;
G.
Name and telephone number of any entity which may share or profit from items collected via the box;
H.
The physical address of the property where the donation collection box is proposed to be located;
I.
Details of the box itself, including dimensions, elevations, and details of signage;
J.
Scaled plot plan indicating all site improvements and the location of proposed donation collection box; and
K.
A scaled map demonstrating that the location of the property with the next closest box is outside of the minimum separation requirement, as measured from property line to property line.
(Ord. 1042 § 7, 2015)
§ 20.435.060 Standards and Requirements.
It is the intent and design of this Chapter to regulate donation collection boxes to prevent a blighted appearance and ensure the boxes will not have a negative visual impact on the City, to ensure the boxes will not impede or interfere with public access, circulation, and parking, and to ensure that the boxes do not become hazards or nuisances. To that end, donation collection boxes shall be operated in accordance with the following requirements and conditions:
A.
Physical standards. Donation collection boxes shall conform to the following standards:
1.
Shall not be more than 82 inches high, 60 inches wide, and 50 inches deep;
2.
Shall be fabricated of durable and waterproof materials;
3.
Shall not be electrically or hydraulically powered or otherwise mechanized;
4.
Shall not become a fixture of the site and shall not be considered an improvement to real property;
5.
Shall require one dedicated parking spot for drop-offs and content retrieval.
6.
Shall contain an opening with an approved tamper-resistant locking mechanism and shall be secured in such a manner that the contents may not be accessed by anyone other than those responsible for the retrieval of the box's contents.
B.
Locational standards.
1.
Donation collection boxes shall be located within 30 feet of a building entrance.
2.
Donation collection boxes shall not be located in, encroach into, or obstruct any of the following:
a.
Any required parking spaces or access to any parking;
b.
Pedestrian or ADA pathways;
c.
Emergency access or fire lanes;
d.
Drive aisles and on-site circulation in general;
e.
Existing landscaping or landscaped areas;
f.
Trash enclosure area or access to the trash bins/trash enclosures; and
g.
Required setback areas, specifically front and street setbacks.
3.
Donation collection boxes shall not be permitted on any unimproved parcel, nor where the principal use of land has been closed or unoccupied for more than 30 days.
4.
Donation collection boxes shall be placed on a level, hard (asphalt or concrete) paved, dust-free surface.
5.
The location of a donation collection box shall not disrupt or negatively impact any line of sight relating to, but not limited to, the circulation of pedestrians, bicycles, and/or cars in any way as they travel and/or park.
6.
The location of a donation collection box shall not cause safety hazards with regards to a designated fire lane or building exit.
7.
A donation collection box cannot be within 750 feet of another donation collection box, as measured from property line to property line, unless the Director determines otherwise, as provided in subsection B.8 of this Section.
8.
Only one donation collection box shall be allowed per site within the approved zones. Notwithstanding the foregoing, for properties greater than five acres, up to two donation collection boxes may be applied for, and operated by the same applicant/operator.
9.
Donation collection boxes shall provide a minimum 25-foot setback from properties that are residentially zoned or have existing residential uses.
C.
Maintenance and appearance.
1.
Donation collection boxes shall be maintained to the satisfaction of the Director. This includes maintenance of the box's condition itself (appearance and wear) and of the box's immediate area, specifically within a radius of 25 feet around the donation collection box;
2.
The donation collection box shall be maintained in good condition and appearance, with no structural damage, holes, or rust, and shall be kept free of graffiti;
3.
Donation collection boxes shall not overflow at any time;
4.
The site will be kept free from litter and any other undesirable material;
5.
Items left outside a donation collection box shall be considered undesirable material and deemed a public nuisance, and may be removed by the City at the property owner's expense;
6.
The box operator and/or property owner or property owner's agent shall respond within 24 hours of notice from the City to address maintenance issues, including graffiti, vandalism, and damaged boxes, in addition to items left about or overflowing boxes;
7.
The box operator shall conduct a pickup at least once a week to ensure that the box is not overflowing and is properly maintained, and that the surrounding area and site are free of litter and any other undesirable material; and
8.
The box operator and property owner or property owner's agent shall be responsible for properly disposing undesirable material in accordance with all City, State, and Federal laws, guidelines, and requirements.
D.
Signage.
1.
The donation collection box shall conspicuously display both of the following, in accordance with Section 151 of the Welfare and Institutions Code:
a.
The name, address, telephone number, e-mail address, and, if available, the Internet web address of the operator of the box.
b.
A statement, in at least two-inch typeface, that either reads, "This donation collection box is owned and operated by a for-profit organization" or "This collection box is owned and operated by a nonprofit organization." For purposes of this chapter, a commercial fundraiser shall be classified as a for-profit organization.
i.
If the donation collection box is owned by a nonprofit organization, the front of the box shall also conspicuously display a statement describing the charitable cause that will benefit from the donations.
ii.
If the donation collection box is owned by a for-profit entity, the front of the box shall also conspicuously display a statement that reads, "This donation is not tax deductible." If the donation collection box is owned and operated by a commercial fundraiser, the commercial fundraiser may post notice of donations to a charitable cause only on the sides of the box. This notice shall always be smaller in size than the for-profit entity's name and address and shall constitute only 25 percent of the notice space of the box.
2.
The site shall display a notice stating that no material shall be left outside of a donation collection box in at least two-inch typeface. This notice shall be installed within a radius of 25 feet of the box. The box itself shall also have this notice directly on the box.
3.
Donation collection boxes operated by a nonprofit organization shall display their Federal tax identification number.
4.
Each donation collection box shall be clearly marked to identify the type of material that may be deposited.
5.
Each donation collection box shall have a pickup schedule shown or posted directly on the box. Pursuant to subsection C.7 of this Section, pickup must be at least once a week.
6.
No other signage or advertisements shall be allowed on the donation collection box.
7.
Each donation collection box shall display the City approved permit number that identifies the box as being properly permitted by the City.
E.
Fines and penalties. Donation collection boxes that violate this Chapter are public nuisances and will be subject to following penalties:
1.
First violation. The City will issue a written warning to the property owner and the box operator.
2.
Second violation within 12 months of the first violation. The property owner and the box operator will each be subject to a fine of $1,000.00.
3.
Third violation within 12 months of the first violation. The City may remove the donation collection box at the property owner's expense and revoke the permit.
4.
Any subsequent violation following the third violation within 36 months of the first violation. The property owner and the box operator will each be subject to a fine of $500.00 for each subsequent violation, and the City may remove the donation collection box at the property owner's expense and/or revoke the permit.
5.
The remedies contained in this Chapter for the handling of violations or enforcement of the provisions of this Chapter shall be cumulative and not exclusive of any other applicable provisions of City, County, or State law.
F.
Liability. The operator shall maintain a minimum general liability insurance of $1,000,000.00 for the duration of the operation of a donation collection box at each site, to cover any claims or losses due to the placement, operation, or maintenance of the donation collection box. Failure of the operator to maintain the required insurance will be grounds for revocation of the operator's permit.
(Ord. 1042 § 7, 2015)
§ 20.435.070 Permit Issuance.
A.
The Director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The Director's determination of completeness shall be based on the City's list of required application contents and any additional information determined by the Director to be necessary to determine conformance to all applicable policies and regulations.
B.
The applicant shall be notified in writing of any revisions or additional information required and shall submit the requested information to the Director within 180 days after the date of the notice. Failure to submit the required information within the 180-day period may be cause for denial.
C.
An application for a permit may require that the Director or designee perform an on-site inspection of the property before confirming that the request complies with all of the applicable criteria and provisions specified in this Chapter.
D.
The Director shall issue a permit within 45 days of the City deeming an application complete if all requirements of this Chapter are satisfied. If a permit is not issued, the Director will notify the applicant in writing. The notice will set forth the Director's reasons for denial and the procedures for an appeal of the Director's determination.
(Ord. 1042 § 7, 2015)
§ 20.435.080 Appeal Process.
The Director's determination on the issuance or denial of a permit may be appealed to the Planning Commission pursuant to the procedure provided in Section 20.615.040.
(Ord. 1042 § 7, 2015)
§ 20.435.090 Term of Permit and Renewal of Permit.
A.
The permit year shall begin on January 1st in each year and shall terminate on December 31st of the same calendar year. An annual permit issued between December 1st and December 31st of any year shall expire on December 31st of the calendar year next following issuance thereof.
B.
A permit shall be renewed annually. The application for renewal must be filed not later than 30 days before the permit expires. The application for renewal shall be upon a form provided by the Director.
C.
The Director shall either approve or deny the renewal of a permit within 15 days of receipt of the complete renewal application and payment of the renewal fee. Failure of the Director to act upon expiration of the permit shall constitute approval of the renewal of the permit.
D.
A permit renewal fee set by resolution of the City Council shall be submitted with the application for renewal.
E.
Prior to expiration of the permit, the operator may voluntarily cancel the permit by notifying the Director in writing of the intent to cancel the permit. The permit shall become void upon the Director's receipt of a written notice to intent to cancel the permit.
F.
The Director shall approve the renewal of a permit if the Director finds that no circumstances existed during the term of the permit which would cause a violation to exist, and that at the time of submission of the application for renewal, or at any time during the renewal of the application for renewal, there were not circumstances inconsistent with any finding required for approval of a new permit. If the Director cannot make the required findings, then the permit may be subject to nonrenewal and revocation.
G.
If the permit expires and is not renewed, the box(es) must be removed from the property within a maximum of 10 days after expiration of the permit.
(Ord. 1042 § 7, 2015)
§ 20.435.100 Revocation.
A.
The Community Development Director may revoke a permit for any violation of this Chapter pursuant to Section 20.435.060.E. Notice shall be given to the operator and property owner by certified mail to the address shown on the last application or renewal.
B.
Upon revocation, the donation collection box shall be removed from the property within 30 days, and if not removed within this time period, the City may remove, store, and dispose of the box at the operator's expense.
C.
The operator may appeal the decision of the Director in compliance with Section 20.435.080.
D.
The operator and/or property owner that has had a permit revoked may not apply for, or place another donation collection box in the City for a period of two years after the revocation of the previous permit.
(Ord. 1042 § 7, 2015)
§ 20.435.110 Transfers.
No person to whom a permit has been issued shall transfer, assign or convey such permit to another person. Any purported transfer, assignment, or conveyance shall be deemed null and void.
(Ord. 1042 § 7, 2015)
§ 20.435.120 Unpermitted Donation Collection Boxes.
It is unlawful and declared a public nuisance for any person to operate, maintain, allow another person to operate or maintain, or fail to remove an unpermitted donation collection box. Any person in violation will be subject to civil action and/or criminal prosecution. Each day in which a violation is committed will constitute a new and separate offense. In addition, the operation or maintenance of an unpermitted donation collection box may be abated or summarily abated by the City in any manner by this Code or otherwise by law for the abatement of public nuisances. Pursuant to Government Code Section 38773, all expenses incurred by the City in connection with any action to abate a public nuisance will be chargeable to the persons creating, causing, committing, or maintaining the public nuisance.
(Ord. 1042 § 7, 2015)
§ 20.435.130 Severance.
If any section, division, subsection or provision of this Chapter or the application thereof to any person, property, organization or circumstance is held invalid, the remainder of the Chapter and the application of such to other persons, properties, organizations or circumstances shall not be affected thereby.
(Ord. 1042 § 7, 2015)
§ 20.440.010 Purpose.
This Chapter establishes standards for a variety of vehicle sales, services, and repair establishments.
(Ord. 1017, 2013)
§ 20.440.020 Applicability.
The development standards provided in this Chapter shall apply to vehicle sales, services, and repair establishments where allowed in compliance with Article 2 (Zones, Allowed Uses, and Zone-Specific Standards).
(Ord. 1017, 2013)
§ 20.440.030 Vehicle Sales (New).
This Section provides standards for new vehicle sales dealerships where allowed in compliance with Article 2 (Zones, Allowed Uses, and Zone-Specific Standards).
B.
Lighting. On-site lighting shall be stationary and directed away from the adjoining properties and public rights-of-way.
C.
Landscaping. Landscaping shall be installed and permanently maintained in compliance with Chapter 20.315 (Landscaping Standards).
D.
Parking and loading.
1.
On-site parking shall comply with Chapter 20.325 (Off-Street Parking and Loading Standards). A parking plan shall be prepared as part of the permit review process.
2.
Loading and unloading of vehicles shall occur on-site and not in adjoining alleys or streets.
3.
Vehicles associated with the business shall be parked or stored on-site and not in adjoining streets or alleys.
4.
An adequate on-site queuing area for service customers shall be provided. Required parking spaces shall not be counted as queuing spaces.
F.
Screening and buffering.
1.
All parts, accessories, etc., shall be stored within a fully enclosed structure.
2.
Service and associated car storage areas shall be completely screened from public view.
3.
Vehicle service or repair work shall occur within a fully enclosed structure unless otherwise approved through a Conditional Use Permit.
4.
Service bays with individual access from the exterior of the structure shall not directly face or front on a public right-of-way.
(Ord. 1017, 2013)
§ 20.440.040 Vehicle Sales (Used).
This Section provides standards for used vehicle sales establishments, where allowed in compliance with Article 2 (Zones, Allowed Uses, and Zone-Specific Standards).
B.
On-site structure required.
1.
A structure containing not less than 400 square feet shall be maintained on the lot supporting the business.
2.
The structure shall be a permanent structure; portable structures or mobile homes are not allowed, unless on permanent foundation, fully connected to all utilities and incorporates features consistent with permanent structures (e.g., perimeter foundation landscaping, full skirting, gable or hip roof, eaves, etc.).
C.
Limitations on repair and storage activities.
1.
Any vehicle repair activity associated with a used vehicle sales establishment shall require the approval of a Conditional Use Permit in compliance with Chapter 20.550 (Use Permits - Minor and Conditional); shall be limited to light repair only as defined in Article 7 (Definitions); and shall only be conducted on vehicles for sale as part of the business. All repair activities and operations shall be conducted within an entirely enclosed structure.
2.
Storage of vehicles shall be allowed only in the Light Industrial (IL) zone and shall be completely screened so as not to be visible from adjacent properties or public rights-of-way.
(Ord. 1017, 2013)
§ 20.440.050 Vehicle Repair, Light and Heavy.
This Section provides standards for vehicle repair establishments engaged in light repair activities or heavy repair activities, as defined in Article 7 (Definitions), where allowed in compliance with Article 2 (Zones, Allowed Uses, and Zone-Specific Standards).
A.
Accessory uses. Accessory retail, storage, and office space, not to exceed 35 percent of the floor area of the primary vehicle repair use, is allowed, provided that:
1.
No exterior signs advertise the accessory use.
2.
The accessory use is physically separated from the primary use.
3.
Any retail sales shall be limited to services provided on-site.
4.
The primary use fronts on a principal arterial, major arterial, or primary arterial, as identified in Exhibit 5-1 (Roadway Classifications) of the Infrastructure and Community Services Element of the General Plan.
B.
Dimensional standards. The minimum site area shall be 15,000 square feet.
C.
Site improvements and maintenance. The site shall be entirely paved, except for structures and landscaping, so that vehicles are not parked in the dirt or otherwise unimproved area. The premises shall be kept neat, organized, and clean of debris at all times.
D.
Screening and buffering.
1.
Vehicles awaiting repair by the establishment may be stored in on-site spaces that are not designated for required customer or employee parking.
2.
No permanently disabled, junked, or wrecked vehicles or used or discarded vehicle parts or equipment shall be stored outside a structure.
3.
Service access shall be located at the rear or side of the structure(s) and as far as possible from adjoining residential uses.
4.
Service bays with individual access from the exterior of the structure(s) shall not face the public right-of-way.
E.
Operating standards.
1.
Repair activities and operations shall be conducted within an entirely enclosed structure.
2.
Outdoor hoists are prohibited.
3.
Boats in repair shall not exceed 28 feet in hull length.
4.
Repair facilities shall close all windows when performing body and fender work, hammering, sanding, or other noise-generating activity. Exterior noise shall not exceed 65 dBA at the lot line of the nearest property with a residential use.
5.
Repair activities and vehicle loading and unloading shall be prohibited on adjoining streets and alleys.
F.
Vehicle dismantling prohibited. Dismantling of vehicles for purposes other than on-site repair is prohibited.
G.
Hazardous materials. Hazardous materials resulting from the repair operation shall be properly stored and removed from the premises in a timely manner. Storage, use and removal of toxic substances, solid waste pollution, and flammable liquids, particularly gasoline, paints, solvents and thinners, shall conform to all applicable Federal, State and local regulations before issuance of a certificate of occupancy.
(Ord. 1017, 2013)
§ 20.440.060 Car Washes - Self-Service and Full-Service.
This Section provides standards for self-service and full-service car washes, where allowed in compliance with Article 2 (Zones, Allowed Uses, and Zone-Specific Standards).
B.
Separation. Businesses shall be located at least 200 feet away from any residential zone.
C.
Screening and buffering. Washing and automated operations shall be within a structure. Wash bays, vehicular entrances, and exits to structures shall not face a street. Vacuum areas shall be screened from public view.
D.
Operating standards.
1.
An attendant shall regularly monitor the facility during business hours to control noise, litter, and other nuisances.
2.
Outdoor storage or display of merchandise or equipment is prohibited.
3.
Hours of operation shall be from 7:00 a.m. to 10:00 p.m., unless otherwise specifically established as a condition of approval. Automatic shut-off of water and electrical systems, except for security and fire protection, shall be provided during non-business hours.
E.
Site planning standards.
1.
Driveways into the car wash shall be located not less than 100 feet from the point of intersection of the right-of-way lines of the nearest street intersection.
2.
At least 10 percent of the site area shall be landscaped. Landscaping shall be located primarily along the edge of site boundaries, including street frontages.
3.
The car wash structure shall be oriented so that no openings face residentially-zoned property within 200 feet.
(Ord. 1017, 2013)
§ 20.440.070 Service Stations.
This Section provides standards for the establishment and operation of new station operations and for the modification or expansion of existing service stations.
A.
Location.
1.
New service stations are allowed only at the intersections of principal arterials, major arterials, or primary arterials, as identified in Exhibit 5-1 (Roadway Classifications) of the Infrastructure and Community Services Element of the General Plan.
2.
A maximum of two service stations are allowed at each intersection.
3.
The station shall not adjoin any residential zone.
4.
The station shall not be located where it will cause an increase vehicular traffic on any street in a residential zone or interfere with pedestrian access in nonresidential zones.
B.
Lot size and frontage(s). The minimum lot size shall be 15,000 square feet, with a minimum combined street frontage of 150 feet.
C.
Outdoor activities. Activities and operations shall be conducted entirely within an enclosed structure, except as follows:
1.
The dispensing of petroleum products, water, and air from pump islands (i.e., the elevated platforms on which dispensing pumps are located);
2.
The provision of emergency service of a minor nature;
3.
The sale of items via vending machines that are placed next to the primary structure in a designated area not to exceed 32 square feet, and screened from public view;
4.
Other activities and operations shall be subject to separate consideration during the permit review process.
D.
Site planning.
1.
Pump islands (i.e., the elevated platforms on which dispensing pumps are located) shall be located a minimum of 20 feet from a street right-of-way line; however, a canopy or roof structure over a pump island may encroach up to 10 feet into this 20-foot setback.
2.
The cashier location shall provide direct visual access to the pump islands and the vehicles parked adjacent to the islands.
3.
A maximum of two ingresses/egresses shall be allowed per street side.
4.
A minimum distance of 30 feet shall be required between curb cuts along a street frontage.
5.
Driveways shall be located at least 35 feet away from the curb return.
6.
The width of a driveway shall not exceed 36 feet as measured from the sidewalk.
E.
Outdoor storage.
1.
Outdoor storage of motor vehicles is prohibited.
2.
Vehicles shall not be parked on the premises for the purpose of sale.
3.
Vehicles shall not be parked on sidewalks, parkways, driveways, or alleys.
4.
Used or discarded vehicle parts or equipment, or disabled, wrecked, or inoperative vehicles shall not be located in any open area outside the main structure.
F.
Landscaping.
1.
Landscaping shall comprise a minimum of 10 percent of the gross lot area, inclusive of the required setbacks.
2.
Landscaping shall be provided and permanently maintained in compliance with Chapter 20.315 (Landscaping Standards) and the following:
a.
A minimum five-foot wide, six-inch high planter area shall be provided along interior lot lines, except for openings to facilitate vehicular circulation to adjacent properties. Where adjacent to a periphery wall, trees planted not more than 20 feet apart shall be included in the planter areas.
b.
A planter area of not less than 200 square feet shall be provided at the corner of two intersecting streets. Landscaping shall not exceed a height of 36 inches.
c.
A minimum of 50 square feet of planter area shall be located along those portions of the main structure fronting on a public street.
d.
Additional landscaping shall be required to screen the service station from adjacent properties.
G.
Orientation.
H.
Lighting.
1.
Light sources, including canopy, perimeter, and flood lighting, shall be energy-efficient, stationary, and shielded or recessed within the roof canopy so that the service station shall be indirectly visible and light is deflected away from adjacent properties and public rights-of-way.
2.
Lighting shall not be of high intensity as to cause a traffic hazard or adversely affect adjoining properties.
3.
No freestanding luminaries shall be higher than 15 feet above finished grade.
I.
Screening and buffering walls.
1.
Where an existing service station adjoins property in a residential zone, a six-foot high decorative masonry wall shall be constructed at the time the station requires a permit for site improvement/modification.
2.
Materials, textures, colors, and design of the wall shall be compatible with on-site development and adjoining properties.
3.
When the wall reaches the established front setback line of a residentially zoned lot abutting or directly across an alley from the service station, it shall decrease to a height of 42 inches.
J.
Noise. Noise from bells or loudspeakers shall not exceed the standards in Section 20.300.070 (Noise).
K.
Signs. Table 4-6 (Service Station Signs) provides standards for service station signs.
Table 4-6 Service Station Signs | ||||||||
|---|---|---|---|---|---|---|---|---|
Class | Type | Maximum # | Maximum Sign Area | Maximum Sign Height | Location | Illumination Allowed | Remarks | Permit Required |
Business Identification | Wall | 1 per street frontage; 2 maximum | 10% of building face, not to exceed 50 sq ft | Not above eave line or 20 ft, whichever is less | Visible to vehicular traffic | Yes | A combination of monument and wall signs may be used, but no more than a total of 5 signs | |
Business Identification | Monument | 1 per property, located at the intersection of the two street frontages | ● 20 sq ft if sign contains only identification and no changeable copy panels for pricing. ● 50 sq ft if price information is incorporated on the sign | 10 ft | Visible to vehicular traffic: Not located in traffic visibility area (20.305.100) | Yes, internal illumination | Sign design to include the identity of station and street address number | Approval of Comprehensive Sign Program required in compliance with Section 20.325.130 (Comprehensive Sign Program) |
Pump Instructions or Identification | Attached to pump island column | 1 for each pump island, not to exceed a total of 4 per station | 2 sq ft per face | 8 ft | Attached to pump island column | No | ● Limited to self-serve, full serve, air, water, cashier; ● Point of purchase signs prohibited; ● State or Federal government-required signs within a fuel pump not regulated by this Zoning Code. | |
Fuel Price and Credit Information | Freestanding or pylon. Changeable copy | 1 per street frontage in conjunction with identification sign | 18 sq ft | 6 ft maximum; 2 ft minimum | Not in hazardous location for driveway or corner radius. | Yes | ● Price signs shall advertise fuel prices only and no other product available; ● Freestanding signs located in a landscaped planter. | |
Business Identification | Canopy | 2 if not visible at the same time | Shall be part of and shall not exceed limitation of canopy fascia | Not above uppermost part of canopy fascia | On outer face of canopy only | Yes | ||
Convenience store | Wall | One | 8 sq ft | Below eave or parapet | Above entry doorway | Yes, internal illumination | ||
(Ord. 1017, 2013)
§ 20.440.080 Service Station Conversions.
This Section provides standards for the conversion of existing service stations to other uses.
A.
Site Plan and Design Review. A service station conversion is subject to Chapter 20.530 (Site Plan and Design Review).
B.
Removal of station apparatus. A structure originally constructed as a service station that is proposed for conversion to another allowable use shall require removal of all gasoline apparatus, canopies, pump islands, gas tanks, and over head doors; additional street improvements or modification of existing improvements to conform to access regulations; exterior remodeling; and upgrades or modifications so the structure and site comply with other standards in this Zoning Code.
C.
Termination of operations.
1.
Service stations that become vacant or cease to operate for a period of 180 days or more shall be required to remove all underground storage tanks, gasoline pumps and pump islands, and freestanding canopies.
2.
In order to prevent imposition of closure requirements, the owner shall provide the Department written verification of receipt of gasoline and reinstatement of operation within 30 days.
3.
In order for a service station to resume operation after 180-day closure, the owner shall submit an application for approval of a Conditional Use Permit to ensure that facilities will be upgraded and maintained. Required improvements may include the following:
a.
Replanting existing landscape areas and upgrading irrigation.
b.
Upgrading or installing trash enclosures.
c.
Striping of parking spaces.
d.
Installation of signs that comply with Chapter 20.330 (Sign Standards) and the removal of nonconforming signs.
e.
Resurfacing vehicle access and parking areas.
f.
Installation of street improvements.
(Ord. 1017, 2013)
§ 20.450.010 Purpose.
This Chapter provides standards and guidelines consistent with Federal law to regulate the placement and design of wireless communication facilities (WCFs) so as to promote the aesthetic appearance of the City; ensure public safety and welfare; pursue additional benefits from the facilities to the public by encouraging the leasing of publicly-owned properties where feasible for the development of WCFs; and to acknowledge and provide the community benefit associated with the provision of advanced communication services within the City.
(Ord. 1017, 2013)
§ 20.450.020 Applicability.
A.
B.
Exempt WCFs.
1.
State/Federal law pre-emption. Any WCF shall be exempt from this Chapter to the extent, and only to the extent, that the regulations are preempted by State or Federal law.
2.
Satellite dish antenna. Satellite dish antenna that are in compliance with Section 20.400.330 (Satellite Dish Antennas).
3.
Amateur radio antenna. The following shall be exempt from this Chapter at all times:
a.
Any antenna structure that is designed to receive over-the-air UHF and/or VHF television broadcast transmission; and
b.
Any antenna structure that is designed to receive over-the-air AM and/or FM radio broadcast transmission; and
c.
Any antenna structure used by authorized amateur radio stations licensed by the Federal Communications Commission (FCC) so long as no portion of the antenna structure exceeds 45 feet in height in the CG, BP, and IL zones or 35 feet in height in all other zones.
(Ord. 1017, 2013; Ord. 1093 § 2, 2019)
§ 20.450.030 Application Filing, Processing, and Review.
A.
Required permits. The applicant shall obtain all permits before the installation of any WCF, in compliance with the requirements of the Municipal Code, this Chapter, and all applicable laws, regulations, and Building Codes of other governmental agencies having jurisdiction over the cell site or WCF, or both.
1.
Minor facilities. A minor WCF, as defined in Article 7 (Definitions), shall require approval of the following:
2.
Major facilities. A major WCF, as defined in Article 7 (Definitions), shall require approval of the following:
3.
Exceptions. The approvals provided for in subparts (1) and (2) of subdivision (A) of this section shall not apply to existing facility modifications that do not substantially change the physical dimensions of the WCF, as provided for in subdivision (F), below.
B.
Submittal requirements. In addition to the submittal requirements for a Site Plan and Design Review or a Conditional Use Permit, the following shall also be submitted:
1.
Lease agreement. The applicant shall provide evidence to the City that a lease agreement, license for use, or similar document has been negotiated with the property owner(s) of the cell site that authorizes the use of the applicant's WCF on the cell site, and that requires the applicant to remove, at the applicant's sole cost and expense, the applicant's WCF upon termination for any reason, or default by the applicant, of the lease agreement, license for use, or similar document. All lease agreements shall indicate that no exclusive agreements have been made to prevent future carriers to locate on the same site or facility.
2.
Good-faith effort. All applicants for a WCF shall demonstrate a good-faith effort to co-locate with other carriers, owners, or operators of an existing WCF. The City may deny a WCF application to an applicant who has not demonstrated a good faith effort to co-locate on an existing WCF. Good-faith effort includes demonstration by the applicant of all of the following:
a.
Contact with all other licensed carriers, owners, or operators that have a WCF in the area of coverage;
b.
Sharing non-proprietary technical information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location. Good-faith effort does not require the disclosure of proprietary information by an applicant;
c.
In the event that co-location is found to be infeasible, the applicant shall demonstrate that a proposed WCF cannot be placed on an existing structure or ground-mounted facility. The review authority may require an independent, third-party review, at the applicant's sole cost and expense, in order to identify alternatives for a new WCF; and
d.
In the case of co-locations, architectural and other camouflaging treatments shall be coordinated between all users on the cell site.
C.
Lease of City property. Any lease of City property for the purpose of erecting a WCF shall require a negotiated lease agreement or other written license granted by the City. The existence of a lease agreement or license shall not relieve the applicant of any obligations to obtain appropriate permits as required by this Chapter.
D.
Numerical limits. Except as provided for in subsection F., below, the City shall have and shall retain the authority to limit the number of WCFs to be located at any one site or adjacent sites in order to prevent the negative visual impact associated with multiple WCFs.
E.
Condition - Changed circumstance. Except as provided for in subsection F., below, a Conditional Use Permit granted or approved in compliance with this Chapter shall be granted or approved with a reservation of the City's right and jurisdiction to review and modify the permit (including the conditions of approval) based on changed circumstances. For the purposes of this Section, changed circumstances include the following:
1.
Increased height or size of the facility;
2.
Additional impairment of the view-shed from surrounding properties;
3.
Change in the type of antenna or supporting structure;
4.
Changed color or materials;
5.
Substantial change in location on the site; and
6.
An effective increase in signal output above or near the maximum permissible exposure (MPE) limits imposed by the revised radio frequency emissions guidelines by the Federal Communications Commission (FCC).
F.
Existing facility modifications that do not substantially change the physical dimensions of the facility.
1.
Any request for a modification of an existing WCF or base station shall be approved within ninety (90) days of submission of a complete application, so long as the modification does not substantially change the physical dimensions of the existing WCF.
3.
"Substantially change the physical dimensions" means any of the following, and refers to a single change, or a series of changes over time (whether made by the same or different entities) viewed against the initial approval for the tower or base station that individually or cumulatively have any of the effects described below:
a.
Changing any physical dimension of the wireless tower or base station in a manner that creates a safety hazard, whether from wind loading, stress on the wireless tower, or in any other manner.
b.
Changing the physical dimension of a wireless tower where the changes would be inconsistent with the design of the wireless tower, or make the wireless towers more visible.
c.
Changing the physical dimensions would require work that would intrude upon the public right-of-way, or any environmentally sensitive area.
d.
Increasing by more than 10% any of the following: the height or width in any direction of the wireless tower, or the area required for structures required to support the wireless tower, such as guy wires as approved and constructed through the discretionary permit process; provided that in no event shall the height exceed the maximum height permitted under the city's regulations.
e.
Increasing by more than 10% any of: the height or area encompassed within any structure or object enclosing the wireless tower, such as a fence or line of bushes.
f.
Increasing any of an existing antenna array's depth, circumference or horizontal radius from the wireless tower in any direction by more than 10%.
g.
Adding more than two antenna arrays to an existing wireless tower, or adding antenna arrays that, if the array were an existing array, would be of such depth, circumference or radius as to fall outside of subsection (F)(3)(f) unless such arrays were approved pursuant to Government Code Section 65850.6.
h.
The mounting of the new or replacement transmission equipment would involve installing new equipment cabinet(s) not permitted under the initial approval and that will not fit within the existing enclosure for the wireless tower or base station or would require installation of a new cabinet or enclosure, excluding new equipment and cabinets that will be installed underground.
G.
Required findings for WCF approval. No WCF shall be approved or approved with conditions, unless the review authority first makes all of the following findings in addition to those findings specified in Chapter 20.550 (Use Permits - Minor and Conditional):
1.
Co-location or alternative. The applicant has located the antenna on an approved co-location facility, or has demonstrated to the City, in compliance with this Chapter, a good-faith effort to locate the antenna on an approved co-location facility, but has demonstrated that co-location is not technically feasible due to coverage needs, potential interference, or other technical reasons supported by substantial evidence;
2.
No conflict with existing use. There is adequate space on the property for the WCF so that it does not conflict with the use of existing structures on the property, does not reduce required parking, and does not conflict with or reduce landscaping setbacks or development standards;
3.
No conflict with surrounding environment. The design and placement of the WCF does not adversely impact the use of the property, other structures located on the property, or the surrounding area or neighborhood;
4.
Compliance with section. The proposed WCF is consistent with the intent and purpose specified in this Chapter and complies with the specified design standards and guidelines; and
5.
Least possible visual impact. The applicant has demonstrated that the WCF will have the least possible visual impact on the environment taking into account economic, engineering, technical, and other relevant factors.
H.
Post-decision procedures.
1.
No later than 30 days following obtaining the permit required for the applicable zone, the applicant shall deliver to the Director (if not previously delivered) an executed copy of the lease agreement, license for use, or similar document, in a form that is the same as or substantially similar to that which was provided to City as evidence, in compliance with Subparagraph B.2, above, of the applicant's ability to use the cell site for applicant's WCF.
2.
In the event that the applicant does not deliver an executed copy of the lease agreement, license for use, or similar document within 30 days following obtaining the permit required, the Director shall deliver a notice to the applicant that the City has not received a copy of the executed lease agreement, license for use, or similar document, and the applicant shall have an additional 30 days following delivery of the notice to deliver to the Director the executed document.
3.
The applicant may redact, before delivery to the Director of the executed lease agreement, license for use, or similar documents, any proprietary or other information in the document except for the following:
a.
The parties to the lease, license, or similar document;
b.
The term of the lease, license, or other right to use (and any options or extensions thereto); and
c.
The provisions regarding the obligation of the applicant to remove, at the applicant's sole cost and expense, the applicant's WCF upon termination for any reason, or default by the applicant, of the lease, license, or similar document.
4.
The redaction of any information in the lease agreement, license for use, or similar document after the document is in the custody and control of the City shall be in compliance with applicable law.
I.
Modification of permit/collocation. Any changed circumstance as determined by the Director in compliance with Subsection E (Changed Circumstance), above, shall require the application and approval of a modification to the original plan of development or Conditional Use Permit, provided that any modification to accommodate co-located WCFs may be approved administratively.
(Ord. 1017, 2013)
§ 20.450.040 Standards for All WCFs.
To minimize WCF proliferation and visual impacts throughout the City, all of the standards in this Section shall apply to WCFs.
A.
Preferred location. The location of the proposed WCF should conform to the following in order of preference (the first item being the most preferred):
1.
Co-located with an existing WCF or located at a previously approved location;
2.
Attached to an existing structure's rooftop;
3.
Mounted with a non-communications facility (e.g., flagpole, light standard, steeple, utility pole or tower, etc.);
4.
Mounted on a new stealth antenna structure that is either structure-mounted or ground-mounted.
B.
Site requirements. WCFs shall be located within a defined lease area on the proposed site that does not conflict with the use of existing structures on the property, does not reduce required parking, and does not conflict with or reduce landscaping, setbacks, or development standards.
C.
Stealth design.
1.
All WCFs shall be stealth designed to the greatest extent feasible, considering technological requirements, by means of architectural compatibility, camouflage, color choice, placement, screening, and other site characteristics.
2.
The applicant shall use the smallest and least visible antennas possible to accomplish the carrier's, owners, or operator's coverage objectives.
D.
Maintenance.
1.
The facility shall be installed and maintained at all times in compliance with the Building Code, Electrical Code, and other applicable codes, including noise regulations in Section 20.300.070 (Noise).
2.
The site of a WCF shall be constantly maintained to be free of debris, refuse, and trash.
3.
Graffiti on a WCF shall be removed within 72 hours of discovery or notification from the City to the applicant.
E.
Signs. The WCF shall not display any signs or advertising devices other than certification, warning, maintenance contact information, or other signs required by governmental agencies having jurisdiction over the cell site or WCF, or both.
F.
Accessory support equipment. Accessory equipment or other equipment associated with the operation of the WCF (e.g., transmission cables) shall be located within a structure, enclosure, screened rooftop area, or underground vault that complies with the development standards of the zone in which the equipment is located. Equipment located above-ground shall be visually compatible with the surrounding structures and either screened from view by landscaping or designed to match the architecture of adjacent structures. If no recent and/or reasonable architectural theme is present, the Director may require a particular design that is deemed by the Director to be suitable to the subject location.
G.
Colors and materials. The WCF exterior shall be comprised of non-reflective material(s) and painted or camouflaged to blend with surrounding materials and colors.
H.
Illumination. Ground and structure-mounted antennas and WCF support facilities shall not be illuminated, unless specifically required by the Federal Aviation Administration (FAA) or other governmental agencies having jurisdiction over the cell site or WCF, or both.
I.
Screening. Screening of a wall-mounted or roof-mounted WCF shall be compatible with the architecture, color, texture, and materials of the structure to which it is mounted. Ground-mounted WCFs shall be screened or camouflaged by existing or proposed new topography, vegetation, or structures to the greatest extent possible.
J.
Landscaping. Landscaping shall be compatible with surrounding landscaping and shall be of a type and variety capable of screening all or a portion of the WCF as determined by the Director.
K.
Height measurement. The maximum height of a WCF shall be measured from the ground to the tallest portion of the WCF.
L.
Primary use. Each WCF shall be considered a primary use.
M.
Setbacks. All portions of any antenna structure shall be maintained at least five feet from any side lot line and 10 feet from any rear lot line.
N.
Size. The total size of the proposed WCF shall be compatible and complementary with surrounding and supporting structures.
O.
Radio frequency emissions. WCFs shall comply with Federal requirements relating to radio frequency emissions and maximum exposure limits provided in Title 47 of the Code of Federal Regulations, Sections 1.1307, 1.1310 and 2.1093. Unless and until Federal regulations or orders provide otherwise, the operator of a WCF shall provide physical proof of compliance with 47 CFR 1.1307, 1.1310 and 2.1093 to the extent applicable within 30 days of initial operation of a WCF and again upon the annual anniversary of the WCF's application approval date.
(Ord. 1017, 2013)
§ 20.450.050 Additional Regulations for Minor Facilities.
This Section provides requirements for minor WCFs that are in addition to the requirements of Section 20.450.030 (Application, Filing, Processing, and Review) and Section 20.450.040 (Standards for All WCFs).
Height requirements. No minor WCF shall exceed the maximum building height for the applicable zone, as indicated in Article 2 (Zones, Allowed Uses, and Zone-Specific Standards).
(Ord. 1017, 2013)
§ 20.450.060 Additional Regulations for Major Facilities.
This Section provides requirements for major WCFs that are in addition to the requirements of Section 20.450.030 (Application, Filing, Processing, and Review) and Section 20.450.040 (Standards for All WCFs).
A.
Location requirements.
1.
A major WCF shall not be located within 200 feet of a lot line for any residentially-zoned property. This provision shall not apply to any satellite antenna or any antenna structure used by authorized amateur radio stations licensed by the Federal Communications Commission.
2.
Lattice towers are only allowed within the IG and BP zones; provided, however, that they shall not be located within 50 feet of any residentially-zoned property.
3.
A ground-mounted WCF shall be located in the rear setback area or side setback area of a lot; provided that no part of a ground-mounted WCF shall be located in a side setback area that abuts any public right-of-way.
4.
No portion or extension of a major WCF, including without limitation any guy wires, shall protrude beyond lot lines or extend into any portion of a lot where the WCF is not itself allowed.
5.
For the purpose of this Section, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed major WCF to the relevant lot line.
B.
Design requirements.
1.
A ground-mounted WCF shall be secured from access by the general public with a fence of a type and design approved by the review authority.
2.
A ground-mounted WCF shall not be located in a required parking area, vehicle maneuvering area, or vehicle pedestrian circulation area so that it interferes with, or in any way impairs, the utility or intended function of the area.
C.
Height requirements. Notwithstanding any other provision in this Zoning Code, no major WCF shall exceed 60 feet in height. Further, no major WCF may exceed the maximum building height for the applicable zone unless the review authority finds the following:
1.
The project will have a lesser impact on the aesthetics and welfare of the surrounding community as compared to alternative options, including additional and/or different locations and designs; and
2.
The additional height above the maximum building height for the applicable zone is reasonably necessary for co-location of facilities or for the efficient operation of the proposed WCF; and
3.
The negative impacts of the proposed WCF are properly mitigated.
D.
Screening and location guidelines.
1.
A major WCF should be located at least 500 feet from the nearest existing, legally established major WCF (except in the event that the WCF is collocated).
2.
A ground-mounted WCF should be located in close proximity to existing above-ground utilities (e.g., electrical tower or utility poles (not scheduled for removal or undergrounding in the next 18 months), light poles, trees of comparable height, water tanks, etc.) where the WCF will not detract from the City's image or appearance.
3.
A ground-mounted WCF should be covered with a clear anti-graffiti material of a type approved by the Director.
4.
A roof-mounted WCF that extends above the existing parapet of the structure on which it is mounted should be screened by a material and in a manner that is compatible with the existing design and architecture of the structure.
5.
A roof-mounted WCF, and any guy wires, supporting structures, and accessory equipment, should be located and designed to minimize the visual impact as viewed from surrounding properties and public streets.
(Ord. 1017, 2013)
§ 20.455.010 Purpose.
The purpose of this Chapter is to establish a process for managing, and uniform standards for acting upon, requests for the placement of wireless facilities within the public rights-of-way of the City consistent with the City's obligation to promote the public health, safety, and welfare, to manage the public rights-of-way, and to ensure that the public is not incommoded by the use of the public rights-of-way for the placement of wireless facilities. The City recognizes the importance of wireless facilities to provide high-quality communications service to the residents and businesses within the City, and the City also recognizes its obligation to comply with applicable Federal and State law regarding the placement of personal wireless services facilities in its public rights-of-way. This Chapter shall be interpreted consistent with those provisions.
(Ord. 1093 § 3, 2019)
§ 20.455.020 Definitions.
For purposes of this Chapter, the following definitions apply:
A person filing an application for placement or modification of a wireless facility in the public right-of-way.
A formal request, including all required and requested documentation and information, submitted by an applicant to the City for a wireless encroachment permit.
Shall have the meaning as set forth in 47 C.F.R. Section 1.6100(b)(1), or any successor provision.
Shall have the meaning as set forth in 47 C.F.R. Section 1.6100(b)(3), or any successor provision.
The Federal Communications Commission or its lawful successor.
City-owned or controlled property structures, objects, and equipment in the ROW, including, but not limited to, street lights, traffic control structures, banners, street furniture, bus stops, billboards, or other poles, lighting fixtures, or electroliers located within the ROW.
Any person or entity granted a wireless encroachment permit pursuant to this Chapter.
Shall have the same meaning as set forth in 47 U.S.C. Section 332(c)(7)(C)(i).
Means a wireless facility used for the provision of personal wireless services.
Shall have the same meaning as in Section 12.32.020, but shall also include any portion of any road or public way which the City has the responsibility to maintain or manage.
Shall have the same meaning as "small wireless facility" in 47 C.F.R. 1.6002(l), or any successor provision (which is a personal wireless services facility that meets the following conditions that, solely for convenience, have been set forth below):
The facility:
is mounted on a structure 50 feet or less in height, including antennas, as defined in 47 C.F.R. Section 1.1320(d), or
is mounted on a structure no more than 10 percent taller than other adjacent structures, or
does not extend an existing structure on which it is located to a height of more than 50 feet or by more than 10 percent, whichever is greater;
Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)), is no more than three cubic feet in volume;
All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;
The facility does not require antenna structure registration under 47 C.F.R. Part 17;
The facility is not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x); and
The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b).
Any structure capable of supporting a base station.
Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for personal wireless services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles.
Those areas where there are no electrical facilities or facilities of the incumbent local exchange carrier in the right of way; or where the wires associated with the same are or are required to be located underground; or where the same are scheduled to be converted from overhead to underground. Electrical facilities are distribution facilities owned by an electric utility and do not include transmission facilities used or intended to be used to transmit electricity at nominal voltages in excess of 35,000 volts.
A structure in the ROW designed to support electric, telephone and similar utility lines. A tower is not a utility pole.
A permit issued pursuant to this Chapter authorizing the placement or modification of a wireless facility of a design specified in the permit at a particular location within the ROW; and the modification of any existing support structure to which the wireless facility is proposed to be attached.
The transmitters, antenna structures and other types of installations used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s).
A person that owns, controls, operates or manages a wireless facility or portion thereof within the ROW.
Those regulations adopted pursuant to Section 5 and implementing the provisions of this Chapter.
An entity that provides personal wireless services to end users.
(Ord. 1093 § 3, 2019)
§ 20.455.030 Scope.
A.
In general. Unless exempted, every person who desires to place a wireless facility in the public rights-of-way or modify an existing wireless facility in the public rights-of-way must obtain a Minor Use Permit authorizing the placement or modification in accordance with this Chapter. Except for small cell facilities, facilities qualifying as eligible facilities requests, or any other type of facility expressly allowed in the public right-of-way by State or Federal law, no other wireless facilities shall be permitted pursuant to this Chapter.
B.
Exemptions. This Chapter does not apply to:
1.
The placement or modification of facilities by the City or by any other agency of the state solely for public safety purposes.
2.
Installation of a "cell on wheels," "cell on truck" or a similar structure for a temporary period in connection with an emergency or event, but no longer than required for the emergency or event, provided that installation does not involve excavation, movement, or removal of existing facilities.
3.
Installation of a wireless facility on the strand between two utility poles, provided that the cumulative volume of all wireless facilities on the strand shall not exceed 1 cubic foot and provided further that the installation does not require replacement of the strand, or excavation, modification or replacement of the utility poles.
C.
Other applicable requirements. In addition to the Minor Use Permit required herein, the placement of a wireless facility in the ROW requires the persons who will own or control those facilities to obtain all permits required by applicable law, and to comply with applicable law, including, but not limited, applicable law governing radio frequency (RF) emissions.
D.
Pre-existing facilities in the ROW. Any wireless facility already existing in the ROW as of the date of this Chapter's adoption shall remain subject to the provisions of the City Code in effect prior to this Chapter, unless and until an extension of such facility's then-existing permit is granted, at which time the provisions of this Chapter shall apply in full force going forward as to such facility. The review of any request for a renewal of a permit for such pre-existing facilities shall be conducted pursuant to this Chapter, rather than the portion(s) of the City Code that it was previously reviewed under.
E.
Public use. Except as otherwise provided by California law, any use of the public right-of-way authorized pursuant to this Chapter will be subordinate to the City's use and use by the public.
(Ord. 1093 § 3, 2019)
§ 20.455.040 Administration.
A.
Reviewing authority. The Director of Community Development (Director) or his or her designee is responsible for administering this Chapter. As part of the administration of this Chapter, the Director may:
1.
Interpret the provisions of this Chapter;
2.
Develop and implement standards governing the placement and modification of wireless facilities consistent with the requirements of this Chapter, including regulations governing collocation and resolution of conflicting applications for placement of wireless facilities;
3.
Develop and implement acceptable designs and development standards for wireless facilities in the public rights-of-way, taking into account the zoning districts bounding the public rights-of-way;
4.
Develop forms and procedures for submission of applications for placement or modification of wireless facilities, and proposed changes to any support structure consistent with this Chapter;
5.
Develop and implement an expedited, over-the-counter permit process for pre-approved wireless facility designs;
6.
Determine the amount of and collect, as a condition of the completeness of any application, any fee established by this Chapter;
7.
Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with state and federal laws and regulations;
8.
Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued;
9.
Require, as part of, and as a condition of completeness of any application, notice to members of the public that may be affected by the placement or modification of the wireless facility and proposed changes to any support structure;
10.
Subject to appeal as provided herein, determine whether to approve, approve subject to conditions, or deny an application; and
11.
Take such other steps as may be required to timely act upon applications for placement of wireless facilities, including issuing written decisions and entering into agreements to mutually extend the time for action on an application.
B.
Appeal.
1.
Any person adversely affected by the decision of the Director pursuant to this Chapter may appeal the Director's decision to the City Manager, who may decide the issues de novo, and whose written decision will be the final decision of the City. An appeal by a wireless infrastructure provider must be taken jointly with the wireless service provider that intends to use the personal wireless services facility.
2.
All appeals must be filed within two business days of the written decision of the Director, unless the Director extends the time therefor. An extension may not be granted where extension would result in approval of the application by operation of law.
3.
Any appeal shall be conducted so that a timely written decision may be issued in accordance with applicable law.
4.
Where the Director grants an application based on a finding that denial would result in a prohibition or effective prohibition under applicable federal law, the decision shall be automatically appealed to the City Manager.
(Ord. 1093 § 3, 2019)
§ 20.455.050 General Standards for Wireless Facilities in the Public Right-of-Way.
A.
Generally. Wireless facilities in the ROW shall meet the minimum requirements set forth in this ordinance and the wireless regulations, in addition to the requirements of any other applicable law.
B.
Regulations. The wireless regulations and decisions on applications for placement of wireless facilities in the ROW shall, at a minimum, ensure that the requirements of this section are satisfied, unless it is determined that applicant has established that denial of an application would, within the meaning of Federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the requirements of this Chapter may be waived, but only to the minimum extent required to avoid the prohibition or violation.
C.
Minimum standards. Wireless facilities shall be installed and modified in a manner that minimizes risks to public safety, avoids placement of aboveground facilities in underground areas, avoids installation of new support structures or equipment cabinets in the public rights-of-way, and otherwise maintains the integrity and character of the neighborhoods and corridors in which the facilities are located; ensures that installations are subject to periodic review to minimize the intrusion on the rights-of-way; and ensures that the City bears no risk or liability as a result of the installations, and that such use does not inconvenience the public, interfere with the primary uses of the rights-of-way, or hinder the ability of the City or other government agencies to improve, modify, relocate, abandon, or vacate the public rights-of-way or any portion thereof, or to cause the improvement, modification, relocation, vacation, or abandonment of facilities in the rights-of-way.
D.
Design and location preferences. Wireless facilities in the public right-of-way shall conform to the design and development standards set through a resolution adopted by the City Council and updated from time to time. The Planning Commission is authorized to adopt minor changes to the Council-approved design and development standards through a resolution. For purposes of this section, "minor changes" include amendments of no significant effect that comply with the spirit and intent of the original Council action. The Planning Commission is also authorized to adopt the "pre-approved" designs that will qualify for the expedited approval process in Section 20.455.060(d).
(Ord. 1093 § 3, 2019)
§ 20.455.060 Applications.
A.
Submission. Unless the wireless regulations provide otherwise, applicant shall submit a paper copy and an electronic copy of any application, amendments, or supplements to an application, or responses to requests for information regarding an application to: Director, at 7800 Katella Avenue, Stanton, CA 90680.
B.
Pre-application meeting. Prior to filing an application for a wireless encroachment permit, an applicant is encouraged to schedule a pre-application meeting with the Director to discuss the proposed facility, the requirements of this Chapter, and any potential impacts of the proposed facility.
C.
Content. An application must contain:
1.
Any information required pursuant to the wireless regulations;
2.
The name of the applicant, its telephone number and contact information, and if the applicant is a wireless infrastructure provider, the name and contact information for the wireless service provider that will be using the personal wireless services facility;
3.
A complete description of the proposed wireless facility and the work that will be required to install or modify it, including, but not limited to, detail regarding proposed excavations, if any; detailed site plans showing the location of the wireless facility, and specifications for each element of the wireless facility, clearly describing the site and all structures and facilities at the site before and after installation or modification; and describing the distance to the nearest residential dwelling unit and any historical structure within 500 feet of the facility. Before and after 360-degree photosimulations must be provided.
4.
Documentation sufficient to show that the proposed facility will comply with generally-applicable health and safety provisions of the City Code and the FCC's radio frequency emissions standards.
5.
A copy of the lease or other agreement between the applicant and the owner of the property to which the proposed facility will be attached.
6.
If the application is for a small cell facility, the application shall state as such and shall explain why the proposed facility meets the definition of small cell facility in this Chapter.
7.
If the application is for an eligible facilities request, the application shall state as such and must contain information sufficient to show that the application qualifies as an eligible facilities request, which information must show that there is an existing wireless facility that was approved by the City. Before and after 360 degree photosimulations must be provided, as well as documentation sufficient to show that the proposed facility will comply with generally-applicable health and safety provisions of the City Code and the FCC's radio frequency emissions standards.
8.
Proof that notice has been mailed to owners of all property owners, and the resident manager for any multi-family dwelling unit that includes ten or more units, within 300 feet of the proposed personal wireless services facility.
9.
If applicant contends that denial of the application would prohibit or effectively prohibit the provision of service in violation of federal law, or otherwise violate applicable law, the application must provide all information on which the applicant relies on in support of that claim. Applicants are not permitted to supplement this showing if doing so would prevent City from complying with any deadline for action on an application.
10.
The electronic version of an application must be in a standard format that can be easily uploaded on a web page for review by the public.
11.
Any required fees.
D.
Expedited process. If an applicant wishes to receive an expedited, over-the-counter approval for installing a wireless facility in the right-of-way, then it must submit the application materials listed above in subsection C and show that the proposed wireless facility meets the specific pre-approved designs listed in the City's wireless facility design and development standards. The expedited process allows for an over-the-counter approval, rather than requiring Director review and findings. Approvals issued under this expedited process will still be subject to the permit Conditions of Approval. Further, this expedited process may be amended by the Director from time to time.
E.
Fees. Application fee(s) shall be required to be submitted with any application for a wireless encroachment permit. The City Council is hereby authorized to determine, or cause to be determined, the amount, type, and other terms of such fee(s) from time to time by means of resolution. Notwithstanding the foregoing, no application fee shall be refundable, in whole or in part, to an applicant for a wireless encroachment permit unless paid as a refundable deposit.
F.
Waivers. Requests for waivers from any requirement of this section shall be made in writing to the Director or designee. The Director may grant or deny a request for a waiver pursuant to this subsection. The Director may grant a request for waiver if it is demonstrated that, notwithstanding the issuance of a waiver, the City will be provided all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the permit sought. All waivers approved pursuant to this subsection shall be: (1) granted only on a case-by-case basis; and (2) narrowly-tailored to minimize deviation from the requirements of the City Code.
G.
Incompleteness. For personal wireless facilities and eligible facilities requests, applications will be processed, and notices of incompleteness provided, in conformity with state, local, and federal law. If such an application is incomplete, the Director may notify the applicant in writing, and specifying the material omitted from the application.
(Ord. 1093 § 3, 2019)
§ 20.455.070 Findings-Decisions-Consultants.
A.
Findings required for approval.
1.
Except for eligible facilities requests, the Director or the City Manager, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:
2.
For eligible facilities requests, the Director or the City Manager, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:
B.
Decisions. Decisions on an application by the Director or the City Manager shall be in writing and include the reasons for the decision.
C.
Independent consultants. The Director or the City Manager, as the case may be, is authorized, in its discretion, to select and retain independent consultant(s) with expertise in telecommunications in connection with the review of any application under this Chapter. Such independent consultant review may be retained on any issue that involves specialized or expert knowledge in connection with an application, including, but not limited to, application completeness or accuracy, structural engineering analysis, or compliance with FCC radio frequency emissions standards.
(Ord. 1093 § 3, 2019)
§ 20.455.080 Conditions of Approval.
A.
Generally. In addition to any supplemental conditions imposed by the Director or the City Manager, as the case may be, all permits granted pursuant to this Chapter shall be subject to the following conditions, unless modified by the approving authority:
1.
Code compliance. The permittee shall at all times maintain compliance with all applicable Federal, State and local laws, regulations and other rules, including, without limitation, those applying to use of public rights-of-way.
2.
Permit duration. A wireless encroachment permit shall be valid for a period of 10 years, unless pursuant to another provision of the Code or these conditions, it expires sooner or is terminated. At the end of 10 years from the date of issuance, such permit shall automatically expire, unless an extension or renewal has been granted. A person holding a wireless encroachment permit must either: (a) remove the facility within 30 days following the permit's expiration (provided that removal of support structure owned by City, a utility, or another entity authorized to maintain a support structure in the right of way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City); or (b) at least 90 days prior to expiration, submit an application to renew the permit, which application must, among all other requirements, demonstrate that the impact of the wireless facility cannot be reduced. The wireless facility must remain in place until it is acted upon by the City and all appeals from the City's decision exhausted.
3.
Timing of installation. The installation and construction authorized by a wireless encroachment permit shall begin within one year after its approval, or it will expire without further action by the City. The installation and construction authorized by a wireless encroachment permit shall conclude, including any necessary post-installation repairs and/or restoration to the ROW, within 30 days following the day construction commenced.
4.
Commencement of operations. The operation of the approved facility shall commence no later than one month after the completion of installation, or the wireless encroachment permit will expire without further action by the City.
5.
As-built drawings. The permittee shall submit an as-built drawing within 90 days after installation of the facility. As-builts shall be in an electronic format acceptable to the City.
6.
Inspections—Emergencies. The City or its designee may enter onto the facility area to inspect the facility upon 48 hours' prior notice to the permittee. The permittee shall cooperate with all inspections and may be present for any inspection of its facility by the City. The City reserves the right to enter or direct its designee to enter the facility and support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property. The City shall make an effort to contact the permittee prior to disabling or removing any facility elements, but in any case shall notify permittee within 24 hours of doing so.
7.
Contact. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person.
8.
Insurance. Permittee shall obtain and maintain throughout the term of the permit: commercial general liability insurance with a limit of $1,000,000.00 per occurrence for bodily injury and property damage and $2,000,000.00 general aggregate including premises operations, contractual liability, personal injury, and products completed operations. The relevant policy(ies) shall name the City, its elected/appointed officials, commission members, officers, representatives, agents, and employees as additional insureds. Permittee shall provide thirty (30) days' prior notice to the City of the cancellation or material modification of any applicable insurance policy.
9.
Indemnities. The permittee and, if applicable, the owner of the property upon which the wireless facility is installed shall defend, indemnify and hold harmless the City, its agents, officers, officials, and employees: (a) from any and all damages, liabilities, injuries, losses, costs, and expenses, and from any and all claims, demands, lawsuits, writs of mandamus, and other actions or proceedings brought against the City or its agents, officers, officials, or employees to challenge, attack, seek to modify, set aside, void or annul the City's approval of the permit; and (b) from any and all damages, liabilities, injuries, losses, costs, and expenses, and any and all claims, demands, law suits, or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the property owner or any of each one's agents, employees, licensees, contractors, subcontractors, or independent contractors. In the event the City becomes aware of any such actions or claims the City shall promptly notify the permittee and, if applicable, the property owner and shall reasonably cooperate in the defense. The City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City's defense, and the property owner and/or permittee (as applicable) shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense.
10.
Performance bond. Prior to issuance of a wireless encroachment permit, the permittee shall file with the City, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to 100% of the cost of physically removing the facility and all related facilities and equipment on the site, based on the higher of two contractor's quotes for removal that are provided by the permittee. The permittee shall reimburse the City for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the City Council. Reimbursement shall be paid when the security is posted and during each administrative review.
11.
Adverse impacts on adjacent properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, and removal of the facility.
12.
Noninterference. Permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement, or property without the prior consent of the owner of that structure, improvement, or property. No structure, improvement, or property owned by the City shall be moved to accommodate a permitted activity or encroachment, unless the City determines that such movement will not adversely affect the City or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the City's structure, improvement, or property. Prior to commencement of any work pursuant to a wireless encroachment permit, the permittee shall provide the City with documentation establishing to the City's satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement, or property within the public right-of-way or City utility easement to be affected by permittee's facilities.
13.
No right, title, or interest. The permission granted by a wireless encroachment permit shall not in any event constitute an easement on or an encumbrance against the public right-of-way. No right, title, or interest (including franchise interest) in the public right-of-way, or any part thereof, shall vest or accrue in permittee by reason of a wireless encroachment permit or the issuance of any other permit or exercise of any privilege given thereby.
14.
No possessory interest. No possessory interest is created by a wireless encroachment permit. However, to the extent that a possessory interest is deemed created by a governmental entity with taxation authority, permittee acknowledges that City has given to permittee notice pursuant to California Revenue and Taxation Code Section 107.6 that the use or occupancy of any public property pursuant to a wireless encroachment permit may create a possessory interest which may be subject to the payment of property taxes levied upon such interest. The permittee shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interact taxes or other taxes, fees, and assessments levied against permittee's right to possession, occupancy, or use of any public property pursuant to any right of possession, occupancy, or use created by this permit.
15.
General maintenance. The site and the facility, including, but not limited to, all landscaping, fencing, and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans. All graffiti on facilities must be removed at the sole expense of the permittee within 48 hours after notification from the City.
16.
RF exposure compliance. All facilities must comply with all standards and regulations of the FCC and any other State or Federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the facility, permittee or its representative must conduct on-site post-installation RF emissions testing to demonstrate actual compliance with the FCC OET Bulletin 65 RF emissions safety rules for general population/uncontrolled RF exposure in all sectors. For this testing, the transmitter shall be operating at maximum operating power, and the testing shall occur outwards to a distance where the RF emissions no longer exceed the uncontrolled/general population limit.
17.
Testing. Testing of any equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days.
18.
Modifications. No changes shall be made to the approved plans without review and approval in accordance with this Chapter.
19.
Agreement with City. If not already completed, permittee shall enter into the appropriate agreement with the City, as determined by the City, prior to constructing, attaching, or operating a facility on Municipal Infrastructure. This permit is not a substitute for such agreement.
20.
Conflicts with improvements. For all facilities located within the ROW, the permittee shall remove or relocate, at its expense and without expense to the City, any or all of its facilities when such removal or relocation is deemed necessary by the city by reason of any change of grade, alignment, or width of any right-of-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, right-of-way improvements, or for any other construction, repair, or improvement to the right-of-way.
21.
Abandonment. If a facility is not operated for a continuous period of six months, the wireless encroachment permit and any other permit or approval therefor shall be deemed abandoned and terminated automatically, unless before the end of the six month period: (a) the Director has determined that the facility has resumed operations; or (b) the City has received an application to transfer the permit to another service provider. No later than 90 days from the date the facility is determined to have ceased operation or the permittee has notified the Director of its intent to vacate the site, the permittee shall remove all equipment and improvements associated with the use and shall restore the site to its original condition to the satisfaction of the Director. The permittee shall provide written verification of the removal of the facilities within 30 days of the date the removal is completed. If the facility is not removed within 30 days after the permit has been discontinued pursuant to this subsection, the site shall be deemed to be a nuisance, and the City may cause the facility to be removed at permittee's expense or by calling any bond or other financial assurance to pay for removal. If there are two or more users of a single facility or support structure, then this provision shall apply to the specific elements or parts thereof that were abandoned, but will not be effective for the entirety thereof until all users cease use thereof.
22.
Encourage co-location. Where the facility site is capable of accommodating a co-located facility upon the same site in a manner consistent with the permit conditions for the existing facility, the owner and operator of the existing facility shall allow co-location of third party facilities, provided the parties can mutually agree upon reasonable terms and conditions.
23.
Records. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the facility, which includes, without limitation, this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition or fails to produce true and complete copies of such records within a reasonable time after a written request from the City, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee.
24.
Attorney's fees. In the event the City determines that it is necessary to take legal action to enforce any of these conditions, or to revoke a permit, and such legal action is taken, the permittee shall be required to pay any and all costs of such legal action, including reasonable attorney's fees, incurred by the City, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the City should otherwise agree with permittee to waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails in the enforcement proceeding.
B.
Eligible facilities requests. In addition to the conditions provided in subsection A of this Section and any supplemental conditions imposed by the Director or the City Manager, as the case may be, all permits for an eligible facility requests granted pursuant to this Chapter shall be subject to the following additional conditions, unless modified by the approving authority:
1.
Permit subject to conditions of underlying permit. Any permit granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit.
2.
No permit term extension. The City's grant or grant by operation of law of an eligible facilities request permit constitutes a federally-mandated modification to the underlying permit or approval for the subject tower or base station. Notwithstanding any permit duration established in another permit condition, the City's grant or grant by operation of law of a eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.
3.
No waiver of standing. The City's grant or grant by operation of law of an eligible facilities request does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409(a) of the Spectrum Act, any FCC rules that interpret Section 6409(a) of the Spectrum Act, or any modification to Section 6409(a) of the Spectrum Act.
C.
Small cell facilities requests. In addition to the conditions provided in subsection A of this Section and any supplemental conditions imposed by the Director or the City Manager, as the case may be, all permits for a small cell facility granted pursuant to this Chapter shall be subject to the following condition, unless modified by the approving authority:
1.
No waiver of standing. The City's grant of a permit for a small cell facility request does not waive, and shall not be construed to waive, any standing by the City to challenge any FCC orders or rules related to small cell facilities, or any modification to those FCC orders or rules.
(Ord. 1093 § 3, 2019)
§ 20.455.090 Breach-Termination of Permit.
A.
For breach. A wireless encroachment permit may be revoked for failure to comply with the conditions of the permit or applicable law. Upon revocation, the wireless facility must be removed; provided that removal of a support structure owned by City, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City. All costs incurred by the City in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless facility.
B.
For installation without a permit. Any wireless facility installed without a wireless encroachment permit (except for those exempted by this Chapter) must be removed; provided that removal of support structure owned by City, a utility, or another entity authorized to maintain a support structure in the right of way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City. All costs incurred by the City in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless facility.
(Ord. 1093 § 3, 2019)
§ 20.455.100 Infrastructure Controlled by City.
The City, as a matter of policy, will negotiate agreements for use of Municipal Infrastructure. The placement of wireless facilities on those structures shall be subject to the agreement. The agreement shall specify the compensation to the City for use of the structures. The person seeking the agreement shall additionally reimburse the City for all costs the City incurs in connection with its review of, and action upon the person's request for, an agreement.
(Ord. 1093 § 3, 2019)
§ 20.455.110 Nondiscrimination.
In establishing the rights, obligations and conditions set forth in this Chapter, it is the intent of the City to treat each applicant or public right-of-way user in a competitively neutral and nondiscriminatory manner, to the extent required by law, and with considerations that may be unique to the technologies, situation and legal status of each particular applicant or request for use of the public rights-of-way.
(Ord. 1093 § 3, 2019)
§ 20.460.010 Findings in Compliance with Government Code Section 65850.4.
The city council finds that the ordinance codified in this chapter, in addition to the general police power authority of cities to enact measures to promote the health, safety, peace, and welfare of its residents, is adopted in accordance with Government Code Section 65850.4. The city council finds that the authority to adopt said ordinance pursuant to Government Code Section 65850.4 is independent of the city's police powers to regulate adult-oriented businesses and that the city council would have adopted said ordinance and each section, paragraph, subsection, sentence, phrase and part thereof, irrespective of any express authority provided by Government Code Section 65850.4.
(Ord. 1017, 2013)
§ 20.460.020 Findings.
It is the purpose and intent of this chapter to provide for the reasonable and uniform regulation of adult-oriented businesses in the city. It is recognized that adult-oriented businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located. It is therefore the purpose of this chapter to establish criteria and standards for the establishment of adult-oriented businesses which will protect the public health, safety and welfare, preserve locally recognized values of community appearance, minimize the potential for nuisances related to the operation of adult-oriented businesses, and maintain local property values.
It is the purpose and intent of this chapter to establish proper regulations and to provide for a reasonable number of appropriately located sites for adult-oriented businesses within the city, based upon the following findings:
A.
The following studies that substantiate the adverse, secondary effects of adult-oriented businesses were reviewed by the city:
1.
Amarillo, Texas (1977);
2.
Cleveland, Ohio (1977);
3.
Los Angeles, California (1977);
4.
Whittier, California (1978);
5.
Phoenix, Arizona (1979);
6.
Minneapolis, Minnesota (1980);
7.
Beaumont, Texas (1982);
8.
Houston, Texas (1983);
9.
Indianapolis, Indiana (1984);
10.
Austin, Texas (1986);
11.
Oklahoma City, Oklahoma (1986);
12.
St. Paul, Minnesota (1989);
13.
Seattle, Washington (1989);
14.
Tucson, Arizona (1990);
15.
Garden Grove, California (1991);
16.
Upland, California (1992); and
17.
Santa Maria, California (1993).
The city council of the city of Stanton also finds that locational criteria alone do not adequately protect the health, safety, and general welfare of the citizens of the city of Stanton, and thus certain requirements with respect to the ownership and operation of adult-oriented businesses are in the public interest. In addition to the findings and studies conducted in other cities regarding increases in crime rates, decreases in property values and the blighting of areas in which such businesses are located, the city council also takes legislative notice of the facts recited in the case of Kev, Inc. v. Kitsap County, 793 F.2d 1053 (1986), regarding how live adult entertainment results in secondary effects such as prostitution, drug dealing, and other law enforcement problems. |
B.
Based on the foregoing studies and the other evidence presented, the city council of the city of Stanton finds that:
1.
Adult-oriented businesses are linked to increases in the crime rates of those areas in which they are located and that surround them;
2.
Both the proximity of adult-oriented businesses to sensitive uses, including residential, cemetery, park, religious and school uses, and the concentration of adult-oriented businesses tend to result in the blighting and downgrading of the areas in which they are located; and
3.
As a result of the above, and the increase in incidents of AIDS and Hepatitis B, which are both sexually transmitted diseases, the city has a substantial interest in adopting regulations which will reduce, to the greatest extent possible, the possibility for the occurrence of prostitution and casual sex acts at adult-oriented businesses.
C.
The studies conducted in various communities in other jurisdictions have demonstrated that the proximity and concentration of adult-oriented businesses adjacent to sensitive uses or other adult-oriented businesses can cause other businesses and residents to move elsewhere.
D.
The studies conducted in various communities in other jurisdictions have demonstrated that adult-oriented businesses are linked to increases in the crime rates and blighting of those areas in which they are located and that surround them.
E.
The special regulation of adult-oriented businesses is necessary to ensure that their adverse secondary effects will not contribute to an increase in the crime rates or the blighting or downgrading of the areas in which they are located or surrounding areas. The need for the special regulation is based on the recognition that adult-oriented businesses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in proximity to sensitive uses, thereby having a deleterious effect upon the adjacent areas.
F.
It is the purpose and intent of these special regulations to prevent the concentration or location of adult-oriented businesses in a manner that would create such adverse secondary effects. Thus, in order to protect and preserve the public health, safety, and welfare of the citizenry, especially including minors, the special regulation of the time, place, and manner of the location of adult-oriented businesses is necessary.
G.
The protection and preservation of the public health, safety, and welfare require that certain distances be maintained between adult-oriented businesses and sensitive uses and other adult-oriented businesses.
H.
The need to regulate the proximity of adult-oriented businesses to sensitive uses and other adult-oriented businesses is documented in studies conducted by other jurisdictions as listed elsewhere in this section.
I.
The report of the state of Minnesota Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, dated June 6, 1986, indicates:
1.
Community impacts of adult-oriented businesses are primarily a function of two variables, proximity to residential areas and concentration. Property values are directly affected within a small radius, typically one block, of the location of an adult-oriented business. Concentration may compound depression of property values and may lead to an increase of crime sufficient to change the quality of life and perceived desirability of property in a neighborhood; and
2.
The impacts of adult-oriented businesses are exacerbated when they are located near each other.
J.
The provisions of this chapter have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials or expressive conduct that is protected by the First Amendment of the United States Constitution or the relevant provisions of the California State Constitution.
(Ord. 1017, 2013)
§ 20.460.030 Purpose.
It is the intent of this chapter to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult-oriented businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches, and residentially zoned districts or uses. The city council finds that it has been demonstrated in various communities that the concentration of adult-oriented businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas.
(Ord. 1017, 2013)
§ 20.460.040 Definitions.
The following terms when used in this chapter shall have the meanings indicated below:
Adult-oriented businesses do not include bona fide medical establishments operated by properly state of California licensed and registered medical personnel with appropriate medical credentials issued by the state of California for the treatment of patients; provided, however, that state of California licensed and registered medical personnel shall be present on the premises during any such treatment of patients. Adult-oriented businesses also do not include athletic or exercise facilities where specified anatomical areas may be exposed within a single-sex locker room or similar facility used for changing clothing where such exposure is primarily done in conjunction with changing or showering either prior to or after use of athletic or exercise facilities. An adult-oriented business also does not include a bona fide theater, as defined in this section. | ||
Adult-oriented businesses do not include those uses or activities, if any, the regulation of which is preempted by state law. Adult-oriented businesses shall also include any business establishment or concern which, as a regular and substantial course of conduct provides or allows performers, models, actors, actresses, entertainers, employees or independent contractors to appear in any place in attire which does not opaquely cover specified anatomical areas. | ||
In determining whether a use is an adult-oriented business, only conduct or activities which constitute a regular and substantial course of conduct shall be considered. Substantial conduct includes any use which has a significant portion of its floor area, stock-in-trade, entertainment/performance, or revenue derived from material distinguished or characterized by an emphasis on matters depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas. Isolated instances of conduct or activities described in this section as characterizing an adult-oriented business shall not be considered except where such activities, taken together, constitute a regular and substantial course of conduct. | ||
An "adult-oriented business" means and includes, but is not limited to, any of the following: | ||
1. | Adult arcade. An "adult arcade" means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projections or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on the depicting or describing of specified sexual activities or specified anatomical areas. | |
2. | Adult bookstore. "Adult bookstore" means a business establishment which has, as a substantial portion of its stock-in-trade, a majority of its floor area, or a majority of its revenue derived from and offering for sale for any form of consideration, any one or more of the following: | |
a. | Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, slides or other visual representations which are distinguished or characterized by an emphasis upon the depiction or description of specified anatomical areas or specified sexual activities; or | |
b. | Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities; or | |
c. | Goods which are replicas of, or which simulate, specified anatomical areas, or goods which are designed to be placed on or in specified anatomical areas, or to be used in conjunction with specified sexual activities to cause sexual excitement. | |
3. | Adult cabaret. An "adult cabaret" means a bar, nightclub, lounge, restaurant, juice bar, or similar establishment or concern which features as a regular and substantial course of conduct any type of live entertainment, films, motion pictures, videos, slides, other photographic reproductions or other oral, written or visual representations which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, including dancers, strippers or similar entertainers who expose specified anatomical areas of their bodies or simulate or engage in specified sexual activities, including nude or semi-nude performances. Any business establishment that offers or provides any entertainment, presentations or performances off-stage shall be an adult cabaret. Such businesses typically allow consumption of food and/or beverages at small tables or bars while entertainment is being performed, tipping of both servers and performers occurs regularly or is customary, performances are not necessarily of a fixed time and patrons may arrive in the middle of a performance and stay to see another performance without paying a new entry or ticket fee, there may be cover charges and/or minimum drink requirements. | |
4. | Adult modeling studio. "Adult modeling studio" means a business establishment where, for any form of consideration or gratuity and as a regular and substantial course of conduct, patrons observe, sketch, draw, paint, sculpture, photograph, film, or otherwise depict any person who is displaying specified anatomical areas, who is nude or is semi-nude. Adult modeling studio does not include any classroom of any school that is licensed by the state of California, while such classroom is being used in a manner consistent with such license; nor does adult modeling studio mean a studio or similar facility owned or leased by an individual artist for his or her exclusive use or by a group of artists for their exclusive use. | |
5. | Adult motion picture theater. An "adult motion picture theater" means a business establishment which, for any form of consideration or gratuity and as a regular and substantial course of conduct, show films, motion pictures, video cassettes, slides or similar photographic reproductions that are distinguished or characterized by an emphasis on the depiction or description of specified anatomical areas or the performance of specified sexual activities. | |
6. | Adult theater. An "adult theater" means any place, building, enclosure, theater, concert hall, auditorium or structure, partially or entirely used for live performances or presentations, which place, building, enclosure, theater, concert hall, auditorium or structure is used for presenting matter distinguished or characterized by an emphasis on depicting, exposing, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. Any business establishment that offers or provides any entertainment, presentations or performances off-stage shall not be an adult theater, but shall be an adult cabaret. A theater typically has stadium type, fixed seating, with multiple rows of seats separated by aisles, a single central stage, servers who are not also performers, fixed price of admission, tipping for servers but not performers, and a defined time for performances, following which patrons exit. An adult theater shall not mean a bona fide theater. | |
7. | Nude model studio. A "nude model studio" means the same as "adult modeling studio," as defined herein. | |
8. | Sexually oriented business. A "sexually oriented business" means the same as "adult-oriented business," as defined herein. | |
9. | Theater. A "theater" means a theater, concert hall or similar establishment that is primarily devoted to the production of artistic dance, literary, dramatic or comedic performances on stage. If any such performance depicts, exposes, describes or relates to specified sexual activities or specified anatomical areas, the theater shall be an adult-oriented business unless one or more of the following is true: | |
a. | In every single regular performance, any emphasis on matters depicting, exposing, describing or relating to specified sexual activities or specified anatomical areas is on an occasional or incidental basis; or | |
b. | The performance is primarily devoted to a verbal presentation and the spoken emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas is not a significant portion of the entire verbal display; or | |
c. | The performance is primarily devoted to a visual presentation and the emphasis on matters depicting, exposing, describing or relating to specified sexual activities or specified anatomical areas is not intended to appeal to prurient or sexual interests. | |
10. | "Adult-oriented live entertainment" or "live adult-oriented entertainment" means every form of live entertainment, music, band or orchestra, act, play, burlesque, revue, pantomime, scene, song, dance or act participated in by one or more persons, in which the performer or performers expose to public view, without opaque covering, "specified anatomical areas," or depicting, describing, or relating to "specified sexual activities" whether or not the specified anatomical areas are covered. | |
11. | "Business or commercial establishment" means a place to which the public is admitted without substantial restrictions. | |
12. | "Completed application" means and includes all of the information contained in Section 5.54.014 of this code, including the application fee. | |
13. | "Director" means the director of community development of the city or the designee of the director. | |
14. | "Distinguished or characterized by an emphasis on" means the dominant or essential theme of what is being described by the phrase. By way of illustration, when the phrase refers to films, the reference is to films whose dominant or essential theme is the depiction or description of the enumerated sexual activities or anatomical areas. | |
15. | "Live entertainment" means every form of live entertainment, including without limitation, band, orchestra, play, sketch, burlesque, revue, pantomime, song, dance, or wrestling, participated in by one or more persons. | |
16. | "Nude model studio" means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be conversed with or be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons, for any form of consideration. Nude model studio shall not include any classroom of any school licensed under state law to provide art education, while such classroom is being used in a manner considered with such state license. | |
For a female person, "nudity" or "state of nudity" means bare genitals, pubic area, natal cleft or areolae or genitals, pubic area, natal cleft and areolae that are covered by clothing but the clothing: (1) is less than opaque, (2) covers less than the entire genitals, three inches across the pubic area, the entire length of the natal cleft and the entire areolae, or (3) simulates or gives the appearance of the body part that it covers. For a male person, "nudity" or "state of nudity" means bare genitals, pubic area and natal cleft or genitals, pubic area and natal cleft that are covered with clothing but the clothing: (1) is less than opaque, (2) covers less than the entire genitals, three inches across the pubic area and the entire length of the natal cleft, or (3) simulates or gives the appearance of the body part that it covers.
For a female person, "semi-nude" means a state of dress in which opaque clothing, including supporting straps or devices, commonly referred to as a G-string and pasties, covers no more than the entire genitals, three inches across the pubic area, the entire length of the natal cleft and the entire areolae. For a male person, "semi-nude" means a state of dress in which opaque clothing, including supporting straps or devices, covers no more than the entire genitals, three inches across the pubic area, and the entire length of the natal cleft. The opaque clothing may not simulate or give the appearance of the male or female body part that it covers.
means and includes any of the following human anatomical areas:
means and includes any of the following:
The fondling or other erotic touching of any bare human genitals, pubic area, buttocks, anus or female breast;
Human sex acts, actual or simulated, including intercourse, oral copulation or sodomy;
Human masturbation, actual or simulated;
The actual or simulated infliction of pain by one human upon another or by an individual upon himself or herself, for the purpose of the sexual gratification or release of either individual, as a result of flagellation, beating, striking or touching of an erogenous zone, including without limitation, the thigh, genitals, buttock, pubic area, or, if such person is a female, a breast;
Sex acts, actual or simulated, between a human being and an animal, including but not limited to intercourse, oral copulation, or sodomy; or
Excretory or urinary functions as part of, or in connection with, any of the activities set forth in subsections (1) through (5) of this definition.
(Ord. 1017, 2013)
§ 20.460.050 Establishment of Adult-Oriented Business - General Provisions.
It is unlawful for any person to establish an adult-oriented business within the city without having first complied with the provisions of this chapter.
(Ord. 1017, 2013)
§ 20.460.060 Reservation of Right to Review Adult Use Planning Permit - Changed Conditions.
Any adult use planning permit granted or approved hereunder shall be granted or approved with the city and its city council and planning commission retaining and reserving the right and jurisdiction to review and modify the adult use planning permit, including the conditions of approval, based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the business, the change in scope, emphasis, size or nature of the business, and the expansion, alteration or change of use. The reservation of the right to review any permit granted or approval hereunder by the city, city council and planning commission is in addition to and not in lieu of, the right of the city, city council and planning commission to review and revoke or modify any permit granted or approved hereunder for any violations of the conditions imposed on such permit.
(Ord. 1017, 2013)
§ 20.460.070 Permit Requirements.
A.
Adult-oriented businesses shall be located only in the C-1 (neighborhood commercial) district, C-2 (general commercial) district, C-4 (storefront commercial) district, and M-1 (industrial/manufacturing) district and shall be subject to the requirements of Section 20.460.080 of this chapter.
B.
Every adult-oriented business shall comply with all of the applicable development standards, sign regulations and parking requirements of the zone in which it is to be located. Applicable standards, regulations, and requirements mean the standards, regulations, and requirements that apply to the business that is most similar to the adult-oriented business. By way of illustration, an adult bookstore that is to be located in the C-1 zone shall comply with the standards, regulations, and requirements for a bookstore in the C-1 zone.
C.
Every adult-oriented business shall comply with the provisions of Section 20.560.030 of this title, as such section is modified by Section 20.460.100 of this chapter.
D.
No special event, promotion, or similar activity that is likely to increase the parking demand at the location of an adult-oriented business shall occur unless the owner of the business has obtained a special events permit from the city, provided that such permit would be required by any other business in the same zone.
(Ord. 1017, 2013)
§ 20.460.080 Separation Requirements.
A.
Distance from sensitive uses.
1.
An adult-oriented business shall not be located within three hundred feet of a sensitive use:
a.
Any city zone or land use district, including those within an opportunity area overlay district, as that term is defined in this code, which contain the words "residence" or "residential," within its title; or property zoned, planned or otherwise designated for such use by city action or by city acceptance of dedications for such use;
b.
Any church, chapel, religious institution, or similar place of worship which is zoned, planned or otherwise designated for such use by city action;
c.
Any school, nursery, or day care center which is zoned, planned or otherwise designated for such use by city action; or,
d.
Any park or playground, or property zoned, planned, or otherwise designated for such use by city action or by city acceptance of dedications for such use.
2.
In the event that the outer limit of the three hundred foot separation requirement extends to the property line of an undeveloped lot or parcel that is zoned, planned, or otherwise designated for a sensitive use and the director determines that the lot or parcel is so oddly shaped that it is not feasible to develop the lot or parcel with the sensitive use, the adult-oriented business shall not be deemed to be within the prescribed distance of that lot or parcel.
3.
In the event an adult use application has been filed and thereafter a sensitive use application is filed within three hundred feet of the location for pending adult use application, the sensitive use shall not be deemed to have prior rights as that would apply to these locational standards.
4.
In the event a sensitive use is developed within three hundred feet of an existing adult use, the adult use shall not be deemed in violation of these locational standards because of the development of the subsequent sensitive use.
B.
Distance between adult-oriented businesses. An adult-oriented business shall not be located within three hundred feet of an existing adult-oriented business. If two or more existing adult-oriented businesses are located in closer proximity to each other than three hundred feet, then in determining which of the businesses is or are nonconforming, preference shall be given in the order of the respective lengths of legal continuous uninterrupted operation of the businesses.
C.
Measurement of distance. For purposes of this section, all distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building or structure in which the adult-oriented business is or will be located to the nearest property line of any land use, land use district, or zone described in subsection A of this section, or to the nearest point of the building or structure or part thereof if less than the entire structure is occupied by or proposed to be occupied by an adult-oriented business in which an existing adult-oriented business described in subsection B of this section, is located. The distance shall be measured as of the date that the investigation for compliance application for the adult-oriented business is submitted to the community development department pursuant to Section 20.560.030 of this title.
D.
In the event a business as defined in this chapter is displaced, within the meaning of California Government Code Sections 7260 et seq., by action of the city or the redevelopment agency, the standards of this section may be amended within the scope of a relocation agreement entered into by the city council or redevelopment agency board with such displaced business.
(Ord. 1017, 2013)
§ 20.460.090 Performance Standards.
The establishment of an adult-oriented business shall comply with the applicable site development standards, including parking, of the zone, district, or area in which the adult-oriented business is located, and all applicable codes and regulations, including building codes, fire codes and health and safety codes. An adult-oriented business shall comply with the applicable city permit and inspection procedures. In addition, adult-oriented businesses shall comply with the following performance standards:
A.
At all times, the maintenance and operation of an adult-oriented business shall be in accordance with the design standards set forth in this section.
B.
All exterior areas of adult-oriented businesses, including buildings, landscaping and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds and debris.
C.
No special events, promotions, concerts or similar activities which are likely to increase the parking demand at the location of the adult-oriented business shall occur unless the permit holder has obtained a special events permit from the city as would be required by all other types of businesses within the city.
D.
Any person who operates or causes to be operated an adult-oriented business and regardless of whether or not an adult-oriented business license has been issued to the business under this code, which exhibits on the premises in a viewing room or viewing area of less than one hundred square feet of floor space, a film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
1.
Upon application for an adult-oriented business license, the application shall be accompanied by a diagram of the premises showing a floorplan thereof specifying the location of one or more manager's stations, the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons shall not be permitted. A manager's station(s) shall not exceed thirty-two square feet of floor area.
2.
No alteration in the configuration or location of a manager's station shall be made without the prior written approval of the director.
3.
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms shall not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection shall be by direct line of sight from the manager's station. Configuration of the premises shall also demonstrate full compliance with Chapter 5.65 of this code, including specifically Sections 5.65.014, 5.65.015 and 5.65.018, as applicable.
(Ord. 1017, 2013)
§ 20.460.100 Modified Procedures.
A.
Investigations for compliance for adult-oriented businesses shall be governed by Section 20.560.030 of this title and the following:
1.
The appeal of the decision of the director shall be directly to the city council in accordance with the provisions of subsection C of this section; and
2.
If the complete application is not acted upon and written notice is not given to the applicant within thirty days from the date the application fee is paid to the city, the application shall be deemed approved by operation of law and the business shall be operated in accordance with the provisions of this chapter. The notice shall be deemed given upon personal delivery to the applicant or upon deposit in the U.S. mail, first-class, postage prepaid, addressed to the applicant at the address shown on the application.
B.
Certificates of occupancy for adult-oriented businesses shall be governed by Section 20.560.030 of this title, except that:
1.
The appeal of the decision of the director shall be directly to the city council in accordance with the provisions of subsection C of this section; and
2.
If the complete application is not acted upon and written notice is not given to the applicant within five days from the date the application fee is paid to the city or, if the application fee was paid prior to action on the application for the investigation for compliance, within five days from the date notice was given pursuant to subsection (A)(2) of this section, the application shall be deemed approved by operation of law and the business shall be operated in accordance with the provisions of this chapter. The notice shall be deemed given upon personal delivery to the applicant or upon deposit in the U.S. mail, first-class, postage prepaid, addressed to the applicant at the address shown on the application.
C.
The applicant may appeal the denial or conditional denial of the application by filing a complete notice of appeal with the city clerk within fifteen days after notice of the decision was given to the applicant pursuant to subsection A or B of this section. To be deemed complete, the notice of appeal shall be signed by the applicant, shall state the grounds for disagreement with the denial, and shall be accompanied by the filing fee established by resolution of the city council.
1.
Within thirty days after a complete appeal was filed, the city council shall hear and act on the appeal de novo and the city clerk shall give the applicant written notice of the decision and findings made by the city council. Otherwise the application shall be deemed approved by operation of law and the business shall be operated in accordance with the provisions of this chapter. The notice shall be deemed given upon personal delivery to the applicant or upon deposit in the U.S. mail, first class, postage prepaid, addressed to the applicant at the address shown on the application. The notice shall be in substantially the same format as reproduced below and shall include a written statement verified by oath or affirmation attesting to the date that the decision was mailed to the party by first class mail. The city clerk shall give the applicant at least ten days written notice of the time and place at which the appeal shall be heard by the city council in the same manner that written notice of the decision is to be given pursuant to this paragraph.
(Ord. 1017, 2013)
§ 20.460.110 Continuation of Nonconforming Uses.
Any nonconforming adult-oriented business may be continued, except as provided in this chapter, provided that the use shall not be increased, enlarged, extended or altered, except as provided in this chapter.
(Ord. 1017, 2013)
§ 20.460.120 Removal or Alterations of Nonconforming Uses.
A.
Any adult-oriented business which is a nonconforming use on the date the ordinance codified in this chapter becomes effective shall be subject to an amortization period of three years, and any such business which becomes a nonconforming use after the effective date of said ordinance shall be subject to an amortization period of three years commencing on the date the use becomes nonconforming.
B.
The owner of the property on which an adult-oriented business that is a nonconforming use is located or the owner of the business may apply for extension of the amortization period pursuant to Section 20.460.130 of this chapter. Such application shall be made not later than six months prior to the expiration of the amortization period, unless the director determines that good cause is shown for late filing of the application.
C.
Upon the conclusion of the amortization period, any adult-oriented business which is a nonconforming use shall cease all business operations, and all signs, advertising and displays relating to such business shall be removed within thirty days thereafter.
(Ord. 1017, 2013)
§ 20.460.130 Extension of Nonconforming Use Amortization Period.
A.
An application for extension of the amortization period for an adult-oriented business which is a nonconforming use shall be made as provided herein.
B.
The owner of the property on which the business is located or the owner of the business must apply for approval of an extension not later than six months prior to expiration of the amortization period, unless the director determines that good cause is shown for late filing of the application. Such application shall be made in writing on a form prescribed by the director and shall be accompanied by the filing fee established by resolution of the city council. The person requesting the extension of the amortization period shall bear the burden of proof in establishing that the amortization period established by Section 20.460.120 of this chapter is unreasonable and that the requested extension is a reasonable amortization period under the criteria set forth in subsection G of this section. The person applying for the extension shall furthermore be required in order to meet its burden of proof to submit the documentation set forth in this section.
C.
Not later than thirty days after submittal of an application to extend the amortization period, the director shall notify the applicant, in writing, if the application is not complete. The notice shall describe the manner in which the application can be made complete and shall be deemed given upon personal delivery to the applicant or upon deposit in the U.S. mail, first class, postage prepaid, addressed to the applicant at the address shown on the application. If a written determination is not provided to the applicant within thirty calendar days after the application is submitted, the application shall be deemed complete. A complete application shall include:
D.
Within forty-five days after a complete application is filed, the planning commission shall hear and act on the application and the secretary to the planning commission shall give the applicant written notice of the decision and findings made by the planning commission. Otherwise, the application shall be deemed granted by operation of law and the business shall be operated in accordance with the provisions of this chapter. Notice shall be deemed given upon personal delivery to the applicant or upon deposit in the U.S. mail, first class, postage prepaid, addressed to the applicant at the address shown on the application. The secretary shall give the applicant at least ten days written notice of the time and place at which the application shall be heard by the planning commission in the same manner that notice of the decision is to be given pursuant to this subsection.
E.
The applicant may appeal the decision of the planning commission to deny the application, in whole or in part, by filing a complete notice of appeal with the city clerk within fifteen days after notice of the decision was given to the applicant pursuant to subsection D of this section. To be deemed complete, the notice of appeal shall be signed by the applicant, shall state the grounds for disagreement with the decision of the planning commission, and shall be accompanied by the filing fee established by resolution of the city council.
F.
Within forty-five days after the appeal was filed, the city council shall hear and act on the appeal and the city clerk shall give the applicant written notice of the decision and findings made by the city council. Otherwise the application shall be deemed granted by operation of law and the business shall be operated in accordance with the provisions of this chapter. Notice shall be deemed given upon personal delivery to the applicant or upon deposit in the U.S. mail, first class, postage prepaid, addressed to the applicant at the address shown on the application. The notice shall include a written statement verified by oath or affirmation attesting to the date that the decision was mailed to the party by first class mail. The city clerk shall give the applicant at least ten days written notice of the time and place at which the appeal shall be heard, de novo, by the city council in the same manner that written notice of the decision is to be given pursuant to this subsection.
G.
In determining whether to grant an extension of the amortization period and in determining the appropriate length of such an extension, the planning commission and the city council on appeal shall consider:
1.
The amount of investment in the business;
2.
The present actual and depreciated value of business improvements;
3.
The applicable Internal Revenue Service depreciation schedule or functional nonconfidential equivalent;
4.
The remaining useful life of the business improvements;
5.
The remaining lease term;
6.
The ability of the business and/or land owner to change the use to a conforming use;
7.
The opportunity for relocation to a legally permissible site and the cost of relocation; and
8.
The date upon which the property owner and/or business owner received notice of the nonconforming status of the adult-oriented business and the amortization requirements.
H.
The decision of the planning commission shall be final and conclusive, unless a timely and complete appeal is filed with the city clerk pursuant to subsection E of this section. The decision of the city council on appeal shall be final and conclusive, unless timely judicial review is sought pursuant to Code of Civil Procedure Section 1094.8. In the event that a timely action or proceeding is brought pursuant to Code of Civil Procedure Section 1094.8 from the decision to deny the requested extension, in whole or in part, the decision shall be automatically stayed pending a final decision on the merits by the trial court. As used in this subsection, final decision on the merits does not include rehearing or appellate procedures.
(Ord. 1017, 2013)
§ 20.460.140 Establishment of Business.
The establishment of an adult-oriented business shall include any of the following:
A.
The opening or commencement of operation of any adult-oriented business as a new business;
B.
The conversion of any existing business, whether or not an adult-oriented business, to any adult-oriented business;
C.
The addition of any adult-oriented business to any other existing adult-oriented business or to an existing non-adult-oriented business, with or without expansion of floor area;
D.
The relocation of any adult-oriented business; or
E.
The expansion or enlargement of the premises of any adult-oriented business by ten percent or more of the existing floor area.
(Ord. 1017, 2013)
§ 20.460.150 Filing Fees.
The filing fee for applications and all appeals established by this chapter shall be set by resolution of the city council.
(Ord. 1017, 2013)