Yorba Linda City Zoning Code
CHAPTER 18
20 SPECIAL USES AND CONDITIONS
§ 18.20.010 Applicability.
The provisions of this chapter shall apply to the uses and conditions hereinafter enumerated. Where this chapter prescribes regulations more restrictive than the zone in which a use or conditional use is permitted, the provisions of this chapter shall apply.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.015 Cannabis-related uses, commercial cannabis activities, deliveries, and cultivation prohibited.
A.
Prohibition. All cannabis-related or medical cannabis-related uses, including dispensaries, cultivation, deliveries, and all other commercial cannabis activities for which a State license is required under the MMRSA are prohibited in all zones throughout the City. Accordingly, the City shall not issue any permit, or process any license or other entitlement for any cannabis- or medical cannabis-related use or any other activity for which a State license is required under the MMRSA.
1.
Cannabis-Related Uses. All cannabis-related uses, including, but not limited to, cooperatives, cultivation, deliveries, and dispensaries, are expressly prohibited in all zones and all specific plan areas in the City, regardless of whether the cannabis is used for medicinal purposes or whether such uses qualify as commercial cannabis activities under the MMRSA. No person shall establish, operate, conduct, permit or allow any cannabis-related use anywhere within the City.
2.
Medical Cannabis Uses. All medical cannabis-related uses, including, but not limited to, cooperatives, cultivation, dispensaries, and deliveries, are expressly prohibited in all zones and all specific plan areas in the City, regardless of whether such uses qualify as commercial cannabis activities under the MMRSA. No person shall establish, operate, conduct, permit or allow any medical cannabis-related use anywhere within the City.
3.
Commercial Cannabis Activities. All commercial cannabis activities, including, but not limited to, cooperatives, dispensaries, cultivation, and deliveries, are expressly prohibited in all zones and all specific plan areas in the City. No person shall establish, operate, conduct, permit or allow a commercial cannabis activity anywhere within the City.
4.
Cannabis Deliveries. All deliveries of cannabis and medical cannabis are expressly prohibited in the City. No person shall conduct any deliveries of cannabis or medical cannabis that either originate or terminate at any location within the City.
5.
Cannabis Cultivation. The cultivation of cannabis or medical cannabis, regardless of whether for commercial or non-commercial purposes, and including cultivation by a qualified patient or primary caregiver, is expressly prohibited in all zones and all specific plan areas in the City. No person, including, but not limited to, a qualified patient or primary caregiver, shall cultivate any amount of cannabis or medical cannabis in the City, regardless of whether or not the cannabis or medical cannabis is intended to be used for medical purposes or otherwise qualifies as commercial cannabis activities under the MMRSA.
B.
Public Nuisance. Any use or condition cause, or permitted to exist, in violation of any provision of this section shall be, and is hereby declared to be, a public nuisance and may be summarily abated by the City pursuant to California Code of Civil Procedure Section 731 or any other remedy available at law.
C.
Civil Penalties. In addition to any other enforcement permitted by this section or any other provision of the Yorba Linda Municipal Code, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person who violates any provision of this chapter. In any civil action that is brought pursuant to this chapter, a court of competent jurisdiction may award civil penalties and costs to the prevailing party.
(Ord. 2013-981 § 6; Ord. 2016-1019 § 5; Ord. 2019-1056 § 3)
§ 18.20.020 Temporary uses designated.
Temporary uses shall include the following:
A.
Christmas tree sales lots, subject to not more than 40 days of site occupation and operation in any 365-day period.
B.
Subdivision sales offices located within the subdivision, but not closer than 200 feet to an existing dwelling not a part of the subdivision, subject to two years of operation or until 90 percent of the homes within the subdivision are sold, whichever occurs first; provided, however, that a faithful performance bond in the amount of $10,000.00 be posted with the City Clerk's office to guarantee removal and/or conversion of the sales office and attendant facilities.
C.
Model homes used for sales display purposes located within the subdivision subject to two years of operation or until 90 percent of the homes within the subdivision are sold, whichever occurs first; provided, however, that a faithful performance bond in the amount of $10,000.00 be posted with the City Clerk's office to guarantee the conversion of the model homes area to the intended use as indicated in the final subdivision map.
Sales and marketing flags in conjunction with model homes shall also be allowed, provided the flags meet the following requirements:
1.
Flags shall be located on the model home lots or on adjacent property in the same subdivision, owned by the same developer.
2.
There shall be no more than three flags allowed per model home, not to exceed a maximum of 15 flags per development.
3.
No more than one flag shall be permitted for each 40 linear feet of street frontage.
4.
The size of the flags shall not exceed two feet by three and one-half feet.
5.
Flags shall be permitted on a pole not to exceed 15 feet in height. Flags shall not be attached to any building, fence or structure.
6.
Flags shall be limited to no more than three colors per any one development.
7.
Flag illumination shall be ground mounted and located in a manner as to be screened from public view and to be directed away from adjacent properties.
8.
Flags shall be limited to the hours of 8:00 a.m. until dusk. Between the hours of dusk and 8:00 a.m., flags shall be secured in such a manner as to not disturb the peace and quiet of adjacent residences and/or businesses.
9.
Flag stiffeners shall not be permitted.
10.
All flags shall be maintained in good repair by their owner by periodically repairing or replacing them, to the satisfaction of the Community Development Director.
D.
Religious, patriotic, historic, or similar displays or exhibits within yards, parking areas, or landscaped areas, subject to not more than 30 days of display in any one-year period for each exhibit, and shall not require the issuance of a temporary use permit.
E.
Outdoor art and craft shows and exhibits, subject to not more than 15 days of operation or exhibition in any 90-day period.
F.
Contractor's offices and storage yards on the site of an active construction project.
G.
Mobile home residences for security purposes on the site of an active construction project.
H.
Outdoor special sales, which shall be limited to uses located within commercially zoned properties and shall not exceed more than five days at one time out of any given 90-day period.
I.
Temporary use of properly-designed mobile trailer units for classrooms, offices, banks, etc., for periods not to exceed 90 days. Requests for such uses of more than 90 days in duration shall require the approval of a conditional use permit by the Planning Commission. Such units shall meet all necessary requirements of Building, Fire and Health Codes.
J.
Construction trailers for use as offices, provided that the use shall be only in conjunction with a valid construction project, shall be maintained on the same site as the construction project, and shall be removed within 30 days of issuance of the final certificate of use and occupancy for the associated construction project.
K.
Produce stands for the sale of fruits and vegetables not grown on the same site, provided that such stands and any other appurtenances shall be removed within five days of the expiration of the temporary use permit.
L.
Garage/yard sales in residential zones, provided that such sales shall not exceed two consecutive days, shall be allowed a maximum of four times in any one-year period, and shall not require the issuance of a temporary use permit.
M.
Private special events with 50 or more people (but less than 500 people) may be allowed a maximum of four times in any one-year period. However, private special events in residential zones with less than 50 people shall not require the issuance of a temporary use permit. Such events shall not be detrimental to the health, safety and general welfare of the public as determined by the Community Development Director. For events of 500 people or more, a Special Event Permit is required pursuant to Section 12.16.010 of this code.
N.
Banners, subject to the provisions of Section 18.24.070.B.7.
O.
Balloon displays for one-time special events provided they comply with the following:
1.
Individual balloons shall have no dimension that exceeds 24 inches.
2.
May not extend beyond any property line or over any public right-of-way (unless prior approval is obtained by the Public Works Division), regardless of wind conditions.
3.
Must be securely anchored.
4.
May not be elevated higher than 20 feet above the ground or released into the air.
5.
Metallic balloons are prohibited.
6.
One-time special event shall be defined as a carnival, festival, tent or car show, parade, auction, rally, golf tournament or other sporting event, wedding, charity event, grand opening, or similar kind of temporary outdoor exhibition or performance. A temporary commercial activity which is intended to promote the sale of merchandise from on-site businesses shall not be considered a "special event" unless authorized through a temporary use permit.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.030 Permit requirements.
Unless otherwise stated in Section 18.20.020, all temporary uses shall be subject to the issuance of a temporary use permit by the Community Development Director. In the issuance of such a permit, the Director shall indicate the permitted hours of operation and any other conditions, such as walls or fences and lighting, which are deemed necessary to reduce possible detrimental effects to surrounding developments and to protect the public health, safety and welfare.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.040 Extension or modification.
Upon written application, the Community Development Director may extend the time within which temporary uses may be operated, or may modify the limitations under which such uses may be conducted if the Director determines that such extension or modification is in accord with the purposes of the zoning regulations.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.050 Site condition requirements.
Each site occupied by a temporary use shall be left free of debris, litter or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used only in accord with the provisions of the zoning regulations.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.100 Home occupations.
Home occupations permitted by the provisions of the zoning regulations, shall comply with the following regulations:
A.
There shall be only limited stock-in-trade associated with the home occupation, provided that keeping of such stock does not conflict with the other provisions of this code, and provided such stock does not hinder the parking of vehicles in a garage.
B.
A home occupation shall be conducted in a dwelling and shall be clearly incidental to the use of the structure as a dwelling.
C.
There shall be no home occupation-related external alteration of a dwelling in which a home occupation is conducted, and the existence of a home occupation shall not be apparent beyond the boundaries of the site, except for a nameplate in accord with the provisions of Chapter 18.24.
D.
There shall be no more than one employee, who is not a resident of the site where the home occupation is established, working on the premises.
E.
No motor or mechanical equipment shall be permitted other than normally incidental to the use of the structure as a dwelling.
F.
A home occupation shall not create any radio or television interference or create noise audible beyond the boundaries of the site.
G.
No smoke, odor, liquid or solid waste shall be emitted.
H.
Only one vehicle or trailer, including pick-up trucks and vans, except those normally incidental to residential use, shall be kept on the site. Such vehicles shall also comply with Section 18.10.100.C of this title.
I.
A home occupation shall not create pedestrian, automobile, or truck traffic significantly in excess of the normal amount in the district.
J.
No short-term residential rental unit may be rented for the purpose of holding weddings, parties, receptions or similar events that typically are held at a banquet facility or other facility that is made available for the holding of events on a commercial basis. Any use of the short-term residential rental unit is limited to activities that are incidental to its use for dwelling, lodging or sleeping purposes.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.200 Recreational courts.
Construction of recreational courts and similar recreational apparatus which include fencing in excess of six feet in height and/or lighting may be permitted subject to the issuance of a conditional use permit in accordance with Section 18.38.050.E, and further subject to a finding by the Zoning Administrator that adjacent properties will not be negatively affected. Batting cages shall be considered recreational courts for the purposes of this section if they are constructed of permanent materials. Unlighted, non-permanent, portable batting cages consisting of metal pipe framing and mesh netting, or similar materials, that may be readily disassembled, shall not be considered a recreational court, provided they meet the setback requirements for recreational courts with fencing as stipulated in Section 18.20.200.B below. Recreational courts shall meet the following minimum standards:
A.
A maximum 10-foot high fence (measured from the finished grade of the court) shall be allowed, no closer than 10 feet from the side or rear property line.
C.
Maximum of eight lights are permitted, height not to exceed 22 feet nor located closer than 10 feet to a side or rear property line. All lights and light fixtures shall be certified by a qualified lighting engineer to:
1.
Be designed, constructed, mounted and maintained such that the light source is cut off when viewed from any point above five feet measured outside of the lot at the lot line.
2.
Be designed, constructed, mounted and maintained such that the maximum residential illumination intensity measured at the property line of any abutting property shall not exceed 0.2 footcandle.
3.
Be restricted to use only between the hours of 7:00 a.m. and 10:00 p.m.
D.
The surface area of any recreational court shall be designed, painted, colored and/or textured to reduce the reflection from any light incident thereon.
E.
Landscaping consisting primarily of live vegetation with trees shall be installed as required by the Zoning Administrator between the fence and the property line. Sidewalks three feet or less in width may be established within the required 10-foot landscaped area;
F.
The Zoning Administrator may require more stringent standards than the above in cases where extraordinary site conditions necessitate.
G.
The Zoning Administrator may refer any approval for a conditional use permit to the Planning Commission if he or she determines that adjacent properties could be negatively affected, or if he or she feels that the public interest is better served in doing so; in which case the conditional use permit shall be processed in accordance with Chapter 18.36, Article 3.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.300 Arcades.
A.
Arcades may be permitted in the C-N (Commercial Neighborhood) and C-G (Commercial General) zones subject to the issuance of a conditional use permit and an additional finding by the Planning Commission that the proposed location does not create traffic or other safety hazards to the public. Internet gaming establishments shall not require a conditional use permit provided they comply with the development standards outlined in subsections B through D of this section.
B.
The operation of four or fewer machines shall be permitted without a conditional use permit in the C-N and C-G zones when their operation is an accessory use to the building and the accessory use does not materially alter the principal use of such a building. The operation of four or fewer machines where they are the principal use may be approved by the Community Development Director where, in his or her judgment, the location does not create a traffic or safety hazard to the public.
C.
No electronic video or electrical coin-operated game in a commercial business establishment shall be operated within the City by a person 17 years old or younger during normal public school hours, except during a school sponsored event.
D.
All arcades with five or more machines shall meet the following minimum requirements:
1.
No arcade shall be permitted within a 500-foot radius of the nearest point to a public school;
2.
Adult supervision (18 years or older) shall be provided on the premises during all hours of operation and shall be stationed so as to have direct visibility over all machines; such supervisor shall be of good moral character: such information shall be verified by police background checks if deemed necessary;
3.
There shall be no more than one arcade per shopping center and no arcades shall be closer than 500 feet to another arcade;
4.
All arcades shall not open before 9:00 a.m. and shall close by 2:00 a.m.;
5.
For any business where the primary use/business activity consists of an arcade or internet gaming establishment, a security guard shall be provided on the premises on Friday and Saturday nights between the hours of 8:00 p.m. until closing.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.400 Intent.
The intent of this chapter is to regulate uses which, because of their very nature, are believed to have any of the recognized significant secondary effects on the community which include, but are not limited to: depreciated property values and increased vacancies in residential and commercial areas in the vicinity of adult oriented businesses; interference with residential property owners' enjoyment of their property when such property is located in the vicinity of adult oriented businesses due to increased crime, debris, noise and vandalism; higher crime rates in the vicinity of adult oriented businesses; and blighting conditions such as lowlevel maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the neighborhoods in the vicinity of the adult oriented businesses. In approving the regulations contained in this article, the City Council has reviewed detailed studies, reports and letters prepared by other jurisdictions and its own staff with respect to the detrimental social, health and economic effects on persons and properties surrounding adult oriented businesses. These studies include Upland, California (1992); Garden Grove, California (1991); Tucson, Arizona (1990); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City, Oklahoma (1986); Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont, Texas (1982); Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Whittier, California (1978); Amarillo, Texas (1977); Cleveland, Ohio (1977); Los Angeles, California (1977); State of Minnesota, Attorney General Report (1989); Newport News, Virginia (1996); St. Paul, Minnesota (1987); Corpus Christi, Texas (1995); National Law Center (1995); and Azusa (2003) (collectively "Studies"). The Studies substantiate the adverse, secondary effects of adult businesses. It is neither the intent nor effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors or exhibitors of sexually oriented materials to their intended market.
Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City ordinance or any statute of the State of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.
(Ord. 2004-884; Ord. 2004-885; Ord. 2019-1056 § 3)
§ 18.20.410 Definitions.
means any establishment, which as a regular and substantial course of conduct, displays and/or distributes adult merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to specified sexual activities or specified anatomical parts. (See "Adult oriented business" for definition of regular and substantial portion of its business.)
means a nightclub, bar, lounge, restaurant 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 characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
means a hotel or motel which, as a regular and substantial course of conduct, provides to its patrons, through the provision of rooms equipped with closed-circuit television or other medium, material which is distinguished or characterized by the emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts and which rents, leases, or lets any room for less than a 12-hour period and/or rents, leases or lets any room more than once in a 24-hour period and which advertises the availability of any of the above.
means any premises where there is furnished, provided or procured figure models who pose in any manner which characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted drawn, sculptured, photographed, filmed, or videotaped for a fee, or any other thing of value, as a consideration, compensation, or gratuity for the right or opportunity to so observe the model or remain on the premises. "Adult model studio" shall not include any live art class or any studio or classroom which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under Section 94300 et seq., of the Education Code.
means any business establishment or concern containing coin or slug operated or manually or electronically controlled still, motion picture video or DVD machines, or other image-producing devices that are maintained to display images to an individual in individual viewing areas when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
means any business establishment or concern which as a regular and substantial course of conduct is used as an adult bookstore, adult theater, adult motion picture arcade, adult cabaret, stripper, adult model studio or adult hotel/motel (but not clothing optional hotel/motel); any business establishment or concern which as a regular and substantial course of conduct sells or distributes sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts. "Adult oriented business" shall also include any business establishment or concern which, as a regular and substantial course of conduct provides or allows performers, models, actors, actresses, or employees to appear in any place in attire that does not opaquely cover specified anatomical parts or any business establishment or concern which as a regular course of conduct provides or allows performers, models, actors, actresses, or employees to perform or engage in or simulate specified sexual activities, or any business which offers to its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, or relating to specified sexual activities or specified anatomical parts. "Adult oriented business" does not include those uses or activities, the regulation of which is preempted by State law.
means a business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment, motion pictures, videos, slides photographs, or other pictures or visual reproductions which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.
means a person who performs any service on the premises of an adult oriented business on a full-time, part-time or contract basis, whether or not the person is denominated as an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of the adult oriented business. Employee does not include a person exclusively on the premises to conduct repair or maintenance for the premises or equipment on the premises or for the delivery of goods to the premises.
means, with reference to an adult bookstore, adult motion picture theater, adult cabaret, or other adult business:
Opening or commencement of operation as a new business.
Conversion of an existing business to an adult business.
Addition of an adult business to an existing business, whether or not adult, if the addition results in enlarging the place of business. For purposes of this paragraph, enlargement means an increase in the size of the building or area in which the business is conducted by either construction or use of an adjacent building or any portion thereof, whether located on the same or an adjacent lot.
means an article of clothing that opaquely covers the buttocks at least one inch on either side of the natal cleft and covers the entirety of the genitalia and pubis.
means any area used for viewing live performances, pictures, movies, videos or other presentations that has a potential maximum occupancy of 10 persons or less as determined by the Building Official under the adopted Uniform Building Code.
means any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing, or sculpting of live models exposing specified anatomical parts; instruction is offered in a series of at least two classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and pre-registration is required at least 24 hours in advance of participation in the class.
means any existent display by a human being that is characterized by an emphasis on specified anatomical parts or specified sexual activities.
mean an article of clothing that opaquely covers the nipple and areola of the female breast.
means any dancer, entertainer, model, or other person who performs specified sexual activities or displays specified anatomical parts in an adult oriented business.
means a building that is used primarily for religious worship and related religious activities.
means an institution of learning for minors, whether public or private which maintained pursuant to standards set by the State Board of Education and made Applicable to the particular type of school. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning under the jurisdiction of the State Department of Education, but does not include a vocational or professional institution or an institution of higher education including a community or junior college, college, or university.
* | For example, it is recognized that curriculum standards that are applicable to public schools are not applicable to private schools. Accordingly, a private school is not disqualified from being considered a "school" simply because it does not comply with curriculum standards applicable to public schools. |
means any element of any merchandise, including, but not limited to, any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or other written, oral, or visual representation or presentation which, for purposes of sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.
means sexually oriented implements and paraphernalia, including, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery-operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity.
means:
means:
Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of clothed or unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship, any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or
Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or
Fondling or touching of clothed or unclothed human genitals, pubic region, buttocks or female breast; or
Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or
Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or
Human excretion, urination, menstruation, vaginal or anal irrigation; or
The removal of clothing to the point where specified anatomical parts are either not opaquely covered or minimally covered with devices commonly referred to as Pasties and G-strings or equivalent clothing.
(Ord. 2004-884; Ord. 2004-885; Ord. 2019-1056 § 3)
§ 18.20.420 Permit required.
No adult oriented business shall be permitted to operate, engage in, conduct or carry on business within the City unless the owner of the business first obtains both an adult oriented business permit and a business license from the City.
(Ord. 2004-884; Ord. 2004-885; Ord. 2019-1056 § 3)
§ 18.20.430 Application requirements.
A.
Persons Eligible. The property owner, or authorized agent of the property owner, is eligible to request an adult oriented business permit.
B.
The information requested below is required at the time an adult oriented business permit application is submitted to the Community Development Department:
1.
A complete adult oriented business permit application signed by the property owner or its authorized representative and by the owner of the proposed adult oriented business.
2.
A nonrefundable deposit or fee as set forth by ordinance or resolution of the City Council.
3.
A letter of justification describing the proposed project and explaining how it will satisfy the findings in Section 18.20.450.
5.
All other information as required by the City's adult oriented business permit information sheet.
(Ord. 2004-884; Ord. 2004-885; Ord. 2019-1056 § 3)
§ 18.20.440 Issuance of permit-Investigation.
A.
Determination of Completeness. Within seven days of receipt of an application, the Director of Community Development shall determine whether the application contains all the information required by the provisions of this Chapter 18.20. If it is determined that the application is not complete, the applicant shall be notified in writing within 10 business days of the date of receipt of the application that the application is not complete and the reasons therefor, including any additional information necessary to render the application complete. The applicant shall have 30 calendar days to submit additional information to render the application complete. Within five business days following the receipt of an amended application or supplemental information, the City Manager or designee shall again determine whether the application is complete in accordance with the procedures set forth above. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. Once the application is found to be complete, the applicant shall be notified within five business days of that fact. All notices required by this chapter shall be deemed given upon the date they are either deposited in the United States mail or the date upon which personal service of such notice is provided.
B.
Issuance of Permit. The City Manager shall issue an adult oriented business permit within 15 calendar days of receipt of a completed application if he or she finds that the application fully complies with the findings/locational and operational requirements contained in Section 18.20.450. The applicant shall be notified within five business days of the date the City Manager issues the adult oriented business permit in the manner provided above. The decision of the City Manager to issue or deny a permit shall be final. Failure to issue or deny the permit upon the expiration of the 15th calendar day after the application has been found or deemed to be complete pursuant to this section shall result in the permit being deemed issued by operation of law, subject to continued compliance with all applicable terms of this article.
C.
Prompt Judicial Review. Any applicant whose permit has been denied pursuant to this chapter shall be afforded prompt judicial review of that decision as provided by law in accordance with Code of Civil Procedure Section 1094.8.
(Ord. 2004-884; Ord. 2004-885; Ord. 2019-1056 § 3)
§ 18.20.450 Findings/locational and operational requirements.
The City Manager shall approve and issue an adult oriented business permit if he or she finds that the property or premises where the proposed adult oriented business will be established is located within the M-1 zone district and if he or she finds that:
A.
The adult oriented business will not be located within 500 feet of any lot upon which there is properly located* a school, day care center, or religious institution as of the day the application for an adult oriented business permit is filed.**
B.
The adult oriented business will not be located within 100 feet of any establishment that serves alcoholic beverages for on-site consumption. The distances will be measured as provided in subsection A of this section.
* | For the purpose of this section a use is "located" upon a site if an application for the use to be placed upon the site has been filed with the City prior to receipt of the adult oriented business application under review. |
** | In the case of multi-tenant properties, these required distances shall be measured using a straight line, without regard to intervening structures or objects, from the nearest portion of the tenant space of the adult-oriented business to the nearest portion of the tenant space for the school, religious facility, or establishment serving alcohol for on-site consumption. In the case of a single-user site (i.e., a site that is not a part of a multi-tenant commercial or industrial center), the measurement shall be taken from the nearest property line of the lot upon which the adult-oriented business is located to the property line of the lot upon which is located the single user school, religious facility or establishment serving alcohol for on-site consumption. In a mixed tenure situation, where one user is located on a single-user site and the other user (i.e., either the adult oriented business or the school, religious facility or establishment serving alcohol for on-site consumption) is located on a multi-tenant property, the measurement shall be taken from the property line of the single user site to the nearest edge of the tenant space of the user within the multi-tenant property. |
C.
The adult oriented business shall comply with the City's parking standards for the underlying use. Where no objective City parking standards exist for a particular underlying use, the applicant shall provide one space per every two occupants based upon the maximum occupancy as determined by the Building Official of the City of Yorba Linda using the adopted Uniform Building Code. In mixed-use or multi-tenant properties, with common parking areas, shared parking shall be permitted to satisfy off-street parking requirements. An adult oriented business application that includes shared parking shall meet the following criteria:
1.
Preparation of a parking study by a qualified traffic engineer in conformance with industry standards that demonstrates that there will be sufficient parking available for use by all tenants during their normal hours of operation.
2.
No parking space(s) shall be located more than 500 feet from the use they are intended to serve.
3.
If located on an adjacent property, applicant shall demonstrate that he or she has obtained permission from the property owner to use parking spaces on the adjacent property.
D.
The adult oriented business will not be located completely or partially within any mobile structure or pushcart.
E.
The adult oriented business will not conduct any massage, tattooing, acupressure, fortune-telling or escort services on the premises.
F.
The adult oriented business will provide a security system that visually records and monitors all parking lot areas. All indoor areas of the adult oriented business accessible to the public will be open to public view at all times with the exception of restroom facilities. "Accessible to the public" will include, but not be limited to, those areas that are only accessible to members of the public who pay a fee and/or join a private club or organization as well as any area of the establishment where a patron can go by way of an invitation of an entertainer.
G.
The adult oriented business shall comply with the objective portions of the City's sign regulations.
H.
The adult oriented business shall comply with the objective development and design requirements of the zone in which it is to be located.
I.
The adult oriented business shall not display any sexually oriented material, sexually oriented merchandise or display that would be visible from any location other than from within the adult oriented business.
J.
The adult oriented business shall not allow admittance to any person under the age of 18 if no liquor is served, or under the age of 21 if liquor is served.
K.
The adult oriented business shall not operate between the hours of midnight and 10:00 am.
L.
For the two years prior to establishing the adult oriented business and at all times during its operation in Yorba Linda, neither the owner (if an individual) nor any of the directors, officers or general partners (if a corporation or partnership) of the adult oriented business shall have been found guilty of a misdemeanor or felony classified by the State as a sex-related offense, including, but not limited to, a violation of the following Penal Code sections and their subparts and subsections: 220, 261, 262, 264, 264.1, 265, 266 (inc. 266a-266k), 267, 286, 286.5, 288, 288a, 289, 647, 647b, 647d, or have either had an adult oriented business permit or similar license or permit suspended or revoked or have otherwise been found to have violated any of the provisions of an adult oriented business permit or similar permit, license or ordinance in any City, County, territory, or State.
M.
The owner of the adult oriented business shall provide separate restroom facilities for male and female patrons. The restrooms will be free from sexually oriented materials and sexually oriented merchandise. Only one person will be allowed in the restroom at any time, unless otherwise required by law, in which case the owner or manager of the adult oriented business shall employ a restroom attendant/security officer of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours. The owner or manager shall ensure that the attendant permits no unlawful activities in the restroom, including, but not limited to, prostitution and/or drug use and, with the exception of urination and excretion, no person engage in any specified sexual activity in the restroom.
N.
The interior of the adult oriented business shall be configured such that there is an unobstructed view, by use of the naked eye and unaided by video, closed circuit cameras or any other means, of every public area of the premises, including, but not limited to, the interior of all individual viewing areas, from a manager's station which is no larger than 32 square feet of floor area with no single dimension being greater than eight feet in a public portion of the establishment. No public area, including, but not limited to, the interior of any individual viewing area, shall be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing into the interior of the individual viewing area, solely with the use of the naked eye and unaided by video, closed circuit cameras or any other means from the manager's station. A manager shall be stationed in the manager's station at all times the business is in operation or open to the public in order to enforce all rules and regulations.
O.
All areas of the adult oriented business shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level:
Bookstore | 20 footcandles |
Retail establishments | 20 footcandles |
Theater | 5 footcandles except during performances, at which times the lighting shall be at least 1.25 footcandles |
Cabaret | 5 footcandles except during performances, at which times the lighting shall be at least 1.25 footcandles |
Motion picture arcade | 10 footcandles in public area |
Individual viewing booths | 1.25 footcandles |
Motion picture theater | 10 footcandles except during performances at which times the lighting shall be at least 1.25 footcandles |
Motel/hotel | 20 footcandles in public areas |
P.
The individual viewing areas of the adult oriented business shall be operated and maintained with no holes, openings or other means of direct visual or physical access between the interior space of two or more individual viewing areas.
Q.
A traffic study prepared for the adult oriented business in conformance with industry standards must demonstrate that the project will not result in a reduction in any roadway level of service below that level of service designated in the General Plan for that roadway.
R.
The adult oriented business shall comply with the Noise Element of the General Plan, interior and exterior noise standards and the Noise Ordinance of the City of Yorba Linda.
S.
The adult oriented business shall comply with all building and construction standards of the Uniform Building Code, Chapter 18.24 hereof, Title 24 of the California Code of Regulations, and all other Federal, State and City-adopted standards for the specific use.
T.
Live entertainment shall only be performed either: (1) on a stage raised at least 18 inches above the floor and separated from patrons by a fixed rail at least 30 inches in height placed at a distance of not less than eight feet around the perimeter of the stage; or (2) in a location other than on the stage such that the performer is separated from any patron by not less than six feet. This provision does not apply to an individual viewing area where the stage is completely separated from the individual viewing area by a floor to ceiling permanent, solid barrier that cannot be opened between the public area and performer area.
U.
No individual viewing area may be occupied by more than one person at any one time.
V.
No patron shall directly pay or give any gratuity to any performer, and no performer will solicit or accept any directly paid gratuity from any patron. For the purposes of this section, the phrase "directly pay" shall mean the person-to-person transfer of the gratuity. This section shall not prohibit the establishment of a non-human gratuity receptacle placed at least six feet from the stage or area that the performer is occupying.
W.
No performer or employee will intentionally have any physical contact with any patron and no patron will intentionally have any physical contact with any performer or employee while on the premises of an adult oriented business.
X.
No exterior door or window shall be propped or kept open at any time during hours of operation; any exterior door or windows shall be covered with opaque coverings at all times.
Y.
The adult oriented business shall have a separate entrance and exit to the premises for performers that is separate from the entrance and exit used by the public.
Z.
Neither live entertainment nor any adult oriented material or adult oriented merchandise shall be visible from anywhere outside the adult oriented business.
AA.
At least one security guard shall be on duty outside the premises, patrolling the grounds and parking lot at all times live entertainment is offered. The security guard shall be charged with preventing violations of law and enforcing the provisions of this chapter. All security guards shall be uniformed so as to be readily identifiable as a security guard by the public. No person acting as a security guard shall act as a doorperson, ticket taker or seller, or similar functionary while acting as a security guard. For all adult oriented businesses providing live entertainment, an additional security guard shall be provided with each increase in maximum occupancy of 200 persons.
BB.
Public nudity will be prohibited on the premises at all times. For the purposes of this section, the term "public nudity" shall mean appearing in a state the individual is clothed in less than pasties and a G-string. The phrase "G-string" shall mean an article of clothing that opaquely covers the buttocks at least one inch on either side of the natal cleft and covers the entirety of the genitalia and pubis. The term "pasties" shall mean an article of clothing that opaquely covers the nipple and areola of the female breast and is not designed to nor appears to look like the nipple and/or areola of the female breast.
CC.
The adult oriented business shall be operated consistent with the floor plan approved by the City. No changes to the floor plan shall be implemented unless and until the changes have first been approved by the City.
(Ord. 2004-884; Ord. 2004-885; Ord. 2017-1046; Ord. 2019-1056 § 3)
§ 18.20.460 Permits nontransferable-Use specific.
No adult oriented business permit may be sold, transferred, or assigned by any permittee, or by operation of law, to any other person, group partnership, corporation or any other entity. Any such sale, transfer, or assignment or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such permit and such permit shall be thereafter null and void. An adult oriented business permit held by an individual in a corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the adult oriented business from one element of an adult oriented business use to another element of an adult oriented business shall also render the permit null and void. An adult oriented business permit shall only be valid for the exact location specified on the permit.
(Ord. 2004-884; Ord. 2004-885; Ord. 2019-1056 § 3)
§ 18.20.470 Violation and penalty.
A.
Every person, whether acting as an individual owner, employee of the owner, permittee, or operator or employee of the permittee, or whether acting as a mere helper for the owner, permittee, employer, or operator, or whether acting as a participant or worker in any way, who operates or conducts an activity referred to in this chapter without first obtaining an adult oriented business permit from the City shall be guilty of a misdemeanor. Except as provided herein, and as provided by the penal code, no violation of this chapter shall be criminally punished.
B.
Any establishment operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance; and the City Attorney may commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such adult oriented business and restrain and enjoin any person from operation.
(Ord. 2004-884; Ord. 2004-885; Ord. 2019-1056 § 3)
§ 18.20.480 Enforcement and revocation.
A.
Inspections. The permittee shall permit officers of the City, the County of Orange, and each of their authorized representatives to conduct unscheduled inspections of the premises of the adult oriented business for the purpose of ensuring compliance with the law at any time the adult oriented business is open for business or occupied.
B.
Revocation Grounds. The Director of Community Development may revoke an adult oriented business permit when he or she discovers that any of the following have occurred:
1.
Any of the location/operational requirements contained in Section 18.22.450 above is violated.*
* | A permit shall not be revoked for a violation of Section 18.22.450(J) if the accused can show, by clear and convincing evidence, that he or she did not know, and could not have reasonably learned, that the person on the premises was under the required age. |
2.
The application contains incorrect, or false information.
3.
The permittee is convicted of any felony or misdemeanor which is classed as a sex or sex-related offense, including, but not limited to, a violation of the following Penal Code sections and their subparts and subsections: 220, 261, 262, 264, 264.1, 265, 266 (incl. 266a-266k), 267, 286, 286.5, 288, 288a, 289, 647, 647b, 647d, any violation of the City's massage ordinance, or any violation of any other adult business ordinance of any other City, County, or State.
C.
Revocation Notice. Upon determining that the grounds for permit revocation exist, the Director of Community Development shall furnish written notice of the proposed revocation to the permittee. Such notice shall summarize the principal reasons for the proposed revocation, shall state that the permittee must request a public hearing within 15 calendar days of the postmarked date on the notice, and shall be delivered both by posting the notice at the location of the adult oriented business and by sending the same, certified mail, return receipt requested and postage prepaid, addressed to the permittee as that name and address appears on the permit. Within 15 calendar days after the latter of the mailing or posting of the notice, the permittee may file a request for public hearing with the City Clerk. If the request for a public hearing is filed within 15 calendar days of the mailing or posting of the notice, referenced above, the hearing shall be provided as contained in subsection D, below.
D.
Revocation Hearing. Upon receipt of a written request for a public hearing, the Director of Community Development shall provide to the permittee a list of five names of potential hearing officers. The applicant shall select one name from the list, which person shall be the appointed hearing officer for the hearing. The permittee shall have opportunity, but not the obligation to pay 50 percent of the hearing officer's fee. The selected hearing officer shall conduct a hearing within 30 calendar days of receipt of such request. Notice of the public hearing shall be in accordance with Article 8 of Chapter 18.36 of this zoning ordinance. Notice of the time and place of the hearing shall be sent to the permittee via certified mail, return receipt requested and postage prepaid at least 15 calendar days in advance of the date set for the public hearing. At the public hearing, the permittee and the City shall be entitled to present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The public hearing officer shall not be bound by the traditional rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the hearing officer.
E.
Ruling. Within 10 calendar days of the termination of the hearing, the hearing officer shall make a decision on whether the grounds for revocation exist and shall submit a written report to the City Manager. Such written report shall contain a brief summary of the evidence considered and shall state findings, conclusions and directives to the City Manager on whether the permit is to be revoked. All such reports shall be filed with the City Clerk, and shall be considered public records. A copy of such report shall be forwarded by certified mail, return receipt requested and postage prepaid, to the permittee on the day it is filed with the City Clerk. If the hearing officer determines that any grounds for revocation exist, as provided in subsection B above, the City Manager, based upon the report of the hearing officer, or if no hearing is conducted, based upon the report of the City staff, shall immediately revoke the permittee's adult oriented business permit. The decision shall be final.
F.
Maintenance of Status Quo. The status quo shall be maintained pending conclusion of the revocation hearing. If a judicial action is commenced challenging the revocation, the status quo shall be maintained until such time as a judicial decision is rendered from the court in which the action is filed.
(Ord. 2004-884; Ord. 2004-885; Ord. 2019-1056 § 3)
§ 18.20.490 Adult business sites.
Adult businesses may be permitted in any M-1 district subject to the provisions of this title. Such businesses are prohibited in any other zone district.
(Ord. 2004-884; Ord. 2004-885; Ord. 2017-1046; Ord. 2019-1056 § 3)
§ 18.20.500 Purpose of provisions.
In that condominiums often differ from apartments in several respects including design, construction and maintenance controls, it is necessary to adopt standards controlling both conversion of apartments to condominiums and development of condominiums for the protection of purchasers and the community at large. In order to achieve this objective, the Planning Commission is empowered to grant and to deny an application for a condominium conversion permit in such zones as are prescribed in the zone regulations and to impose reasonable conditions upon the granting of a condominium conversion permit, subject to the right of appeal to the City Council or to review by the City Council.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.510 Development standards.
A.
The following condominium conversion development standards shall apply to all land and structures proposed as part of a condominium conversion project, and shall be evaluated and processed pursuant to the procedural requirements set forth for condominium conversion permits.
B.
No condominium conversion project or portions thereof shall be approved or conditionally approved in whole or in part unless the Planning Commission, or City Council upon appeal or review, has considered and found the following:
1.
That the overall impact on schools, parks, utilities, neighborhoods, streets, traffic, parking and other community facilities and resources will not endanger or jeopardize the public health, safety and general welfare;
2.
That appropriate structural alterations or installation of noise attenuation materials are made, if necessary, to ensure minimum levels of noise transference and separation between condominium units;
3.
That the building sought to be converted is, on the date of the conversion, in all respects in compliance with the building, planning, zoning, licensing, and any other laws applicable to new condominium construction on the date of the conversion;
4.
That a copy of the Conditions, Covenants and Restrictions, or other condominium agreement, shall be approved by the City Attorney and filed in the office of the Planning Director, and shall set forth the occupancy and management policies for the project, as well as contain adequate and satisfactory provisions for maintenance, repair and general upkeep, such that in the event of destruction or abolishment, reconstruction shall be in accordance with all laws, codes and regulations in effect at the time of such reconstruction and provide that the written consent of a majority of the individual condominium unit owners shall be required in order to effect such reconstruction; and shall contain provisions for dedication of land or establishment of easements for street widening or other public purposes;
5.
That at least three parking spaces per dwelling unit shall be provided of which at least two shall be within a carport or garage. Additional guest parking may be required if, in the judgment of the Planning Commission, it is required.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.520 Application/filing requirements/application fee.
Application for a condominium conversion permit shall be filed with the Community Development Director on a form prescribed by the Director and shall include the following:
A.
Name and address of the applicant.
B.
Statement that the applicant is the owner or the authorized agent of the owner of the property on which the use is proposed to be located.
C.
Address and a legal description of the property.
D.
Statement indicating the precise manner of compliance with each of the applicable provisions of this chapter, together with any other data pertinent to the findings prerequisite to the granting of a conversion permit.
E.
A list of all owners of property located within 300 feet of the exterior boundaries of the subject property and all tenants within the project; the list shall be keyed to a map showing the location of these properties.
F.
A comprehensive building report which includes age, material and condition where applicable of the following:
1.
Type and age of construction,
2.
Walls, interior and exterior,
3.
Plumbing,
4.
Electrical,
5.
Roof,
6.
Walks,
7.
Garaging,
8.
Insulation,
9.
Life safety systems,
10.
Trash disposal,
11.
Tiling,
12.
Fixtures and appliances,
13.
Drainage,
14.
Landscaping,
15.
Swimming pools, saunas, fountains, recreational facilities,
16.
Driveways,
17.
Walls and fences,
18.
Stone or brickwork,
19.
Heating,
20.
Air conditioning,
21.
Fireplace,
22.
Floors,
23.
Laundry facilities,
24.
Exterior lighting,
25.
Deferred maintenance,
26.
Number and composition of existing tenants,
27.
Length of existing leases and average rents,
28.
Average length of tenancy for existing tenants,
29.
Estimated schedule for conversion,
30.
Estimated price range of converted units,
31.
List of improvements contemplated,
32.
Copy of proposed CC&Rs, and
33.
Estimate of available similar housing in area.
G.
Plot plans and elevations, fully dimensioned, indicating the type and location of all buildings and structures, parking and landscape areas and signs. Elevation plans shall be of sufficient detail to indicate the type and color of materials to be employed and methods of illumination for signs. Screening, land-scape and irrigation plans shall be included in the plans.
H.
Such other plans and data as deemed necessary by the Community Development Director.
I.
The application shall be accompanied by a fee established by resolution of the City Council to cover the cost of processing the application as prescribed in this chapter.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.530 Public hearing required.
The Planning Commission shall hold at least one public hearing on each application for a condominium conversion permit. The hearing shall be set and a notice given as prescribed in Article 8 of Chapter 18.36. Tenants within the project shall be notified in a like manner. At the public hearing, the Commission shall review the application and drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in Section 18.20.560.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.540 Investigation and report.
The Community Development Director shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the Planning Commission and made available to the applicant prior to the public hearing.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.550 Planning Commission action.
A.
Within 21 days following the closing of the public hearing on a condominium conversion permit application, the Planning Commission shall act on the application.
B.
The Commission may grant by resolution a condominium conversion permit as the permit was applied for or in modified form or the application may be denied.
C.
A condominium conversion permit may be granted subject to such conditions as the Commission may prescribe.
D.
Conditions may include, but shall not be limited to:
1.
Requiring special yards, open spaces, buffers, fences, and walls;
2.
Requiring installation and maintenance of landscaping;
3.
Requiring street dedications and improvements;
4.
Regulation of points of vehicular ingress and egress;
5.
Regulation of traffic circulation;
6.
Regulation of signs, type of construction and methods of operation;
7.
Control of potential nuisances;
8.
Prescribing standards for maintenance of building and grounds;
9.
Prescription of development schedules and development standards and such other conditions as the Commission may deem necessary to ensure compatibility of the use with surrounding development and uses to preserve the public health, safety and welfare.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.560 Findings.
The Planning Commission shall make the following findings before granting a condominium conversion permit:
A.
That the proposed location of the condominium conversion permit is in accord with the objectives of this title and the purpose of the zone in which the site is located.
B.
That the proposed location of the condominium conversion permit and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
C.
That the proposed condominium conversion permit will comply with each of the applicable provisions of this title, except for approved variances.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.570 Effective date.
The decision of the Planning Commission shall be final 15 days from the date of the decision unless an appeal has been filed to the City Council.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.580 Appeals-City Council determination.
A decision of the Planning Commission may be appealed within 15 days to the City Council by the applicant or any other person as prescribed in Article 8 of Chapter 18.36 or by a majority vote of the City Council without fee.
The City Council shall hold a public hearing on a condominium conversion permit as prescribed in Section 18.36.700 if an appeal has been filed within the prescribed 15-day appeal period. The decision of the City Council shall be final.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.590 Lapse of permit.
A.
A condominium conversion permit shall lapse and shall become void one year following the date on which the conversion permit became effective, unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the conversion permit application, or a certificate of occupancy is issued for the structure which was the subject of the conversion permit application.
B.
A conversion permit subject to lapse may be renewed for an additional period of one year, provided that prior to the expiration date, an application for renewal of the conversion permit is filed with the Commission.
C.
The Commission may grant or deny an application for a renewal of a condominium conversion permit.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.595 Preexisting variations.
Variations from regulations prescribed elsewhere in this title for fences; walls; site area, width and depth; front, rear and side yards; coverage; height of structures; distance between structures; usable open space; signs; off-street parking facilities or frontage on a public street; shall be within the discretion of the Planning Commission to either approve or disapprove if they are legally preexisting prior to the application for a condominium conversion permit. All such variations resulting from new construction shall be separately administered in accordance with the procedures in Article 5 of Chapter 18.36.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.600 Purpose and intent.
The purpose and intent of this chapter is to provide guidance and standards with regard to the keeping of animals within the community.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.610 Commercial animal facilities.
A conditional use permit shall be required for any commercial animal facility including equestrian facilities, kennels and veterinary hospitals/clinics on any lot within any zone where so permitted; however, a conditional use permit is not required for animal grooming or the retail sale of animal products. A license or permit issued by the Orange County Animal Control may be required as a condition of approval for any conditional use permit needed to develop commercial animal facilities.
Where permitted, all animal maintenance activities, kennels, clinics, hospitals, sales and grooming facilities or uses shall be conducted within a totally enclosed building and shall comply with appropriate development standards of the underlying zone. Grooming and care of equine and cleft-hoofed animals is permitted out-doors provided that appropriate drainage facilities are available for washing activities and that clippings and other wastes are disposed of in an approved trash receptacle.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.620 Residential animal regulations.
The keeping of animals is permitted within residential districts of the City, except as restricted and otherwise regulated hereinafter, or as otherwise specified by a specific zoning district regulation, and shall be in accordance with procedures and regulations provided for animal control within a contracted service agreement between the City and County of Orange.
All animal maintenance activities shall be conducted within a totally enclosed building with the exception of domesticated farm animals, horses and cleft-hoofed animals which may be groomed and maintained outdoors provided that appropriate drainage facilities are available for washing activities and that clippings and other wastes are disposed of in an approved trash receptacle.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.630 Permitted animals.
The following animals are permitted within residential districts of the City:
A.
Not more than three dogs or cats (cumulative) above the age of four months. The keeping of four or more dogs or cats (cumulative) shall be deemed a kennel and shall require approval of a conditional use permit by the Planning Commission. For the purposes of this code, any small domestic animal, including, but not limited to, miniature horses, miniature goats and pot-bellied pigs, shall be regulated in the same manner as dogs and cats.
B.
No more than 10 hamsters, guinea pigs, domesticated rats, mice or other mammals of similar size, nonpoisonous snakes, reptiles, birds, or any combination thereof.
C.
Amphibians or fish contained in aquariums or ponds.
D.
Not more than 20 fowl and 20 adult rabbits may be kept in any R-A zone, and not more than 12 fowl and 12 adult rabbits may be kept in any RLD and R-E zone. In any R-S and R-U zone, up to 12 fowl and 12 adult rabbits may be kept subject to approval of a conditional use permit by the Planning Commission. The keeping of roosters is prohibited in any residential zone. The keeping of fowl and rabbits shall be permitted for noncommercial purposes only; however, the keeping of such animals for commercial purposes may be permitted only in the R-A, RLD and R-E zones subject to approval of a conditional use permit by the Planning Commission.
E.
The keeping of equine and cleft-hoofed animals is permitted in any R-A, RLD and R-E zone with a lot size of 15,000 square feet and larger. In any such zoned property with a lot size of less than 15,000 square feet (but not less than 10,000 square feet), or in any R-S or R-U zone with a minimum lot size of 10,000 square feet, the keeping of equine and cleft-hoofed animals shall require approval of a conditional use permit by the Planning Commission. The maximum number of equine and/or cleft-hoofed animals shall be based on parcel size as depicted in Table 18.20-1.
Table 18.20-1 MAXIMUM NUMBER OF EQUINE AND CLEFT-HOOFED ANIMALS | |
|---|---|
Minimum Lot Size | Maximum Number of Animal(s) |
10,000 — 15,000 sq. ft. | 1 |
15,001 — 17,000 sq. ft. | 2 |
17,001 — 20,000 sq. ft. | 3 |
20,001 — 25,000 sq. ft. | 4 |
25,001 — 30,000 sq. ft. | 5 |
30,001 — one acre | 6 (Two additional animals may be maintained for each acre of lot area above the first acre) |
F.
A maximum of three beehives may be kept in any R-A, RLD, R-E, OS or OSR zone, and up to a maximum of three beehives may be kept in any R-S or R-U zone subject to approval of a conditional use permit by the Planning Commission; four or more beehives may be kept in any R-A, RLD, R-E, R-S, RU, OS or OSR zone subject to approval of a conditional use permit by the Planning Commission.
G.
Young animals born to a permitted animal may be kept on the site, without constituting additional animal units, until such animals are weaned. For dogs and cats this period shall not exceed four months. For equine and cleft-hoofed animals this period shall not exceed 12 months. For all other animals, this period shall not exceed six months.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.640 Prohibited animals.
The following are prohibited within residential districts of the City:
A.
Roosters and other crowing type birds or fowl, except that up to four peacocks and peahens may be kept in any R-A, RLD, R-E or OSR zone, and only to the extent that any sound or cry from any such animal does not disturb surrounding residents.
B.
Wild exotic or non-domestic animals not otherwise permitted herein are prohibited.
C.
Any species of animal where possession is prohibited by State or Federal law.
D.
Maintenance and care of permitted species which fails to protect the health and physical care of the species or creates public health, safety, or nuisance violations.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.650 Location and animal restraint.
A.
No equine or cleft-hoofed animal shall be maintained in any required front yard, side yard, or street side yard area. In addition, the maintaining of any equine or cleft-hoofed animal, chicken coops and aviaries, and rabbit cages shall not be permitted within 50 feet of any adjoining dwelling. The 50 feet shall be measured from the edge of the structure to the closest edge of any adjoining dwelling exclusive of the garage. All barns, stables and other similar facilities for horses and/or cleft-hoofed animals, not including arenas, shall maintain a distance of at least 50 feet from any dwelling. Use of arenas that are not located at least 50 feet from an adjoining dwelling shall be limited to not more than two hours per day. The use of arenas shall be conducted in a manner that minimizes creation of fugitive dust through watering of the riding surface prior to use, or other effective means.
B.
Each owner of an animal shall be responsible to ensure proper control and restraint of such animal in a manner that provides both the animal and general public reasonable protection. All species when not enclosed by fencing or suitable enclosure shall be restrained by leash or tether or transported within enclosed vehicles or cages.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.660 Animal structures.
Structures or facilities used to house domesticated farm animals shall be considered accessory structures and shall be subject to the requirements of the zone in which located.
Accessory structures, including, but not limited to, barns and sheds, used to house or maintain animals or used to store feed, tack or other appurtenances associated with the keeping of animals, shall conform to the size, height and locational standards of Section 18.10.120 of this title. In cases where the zone district setback standards are more restrictive than those outlined in Section 18.10.120, the more restrictive standard shall apply.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.670 Boarding of animals.
A.
The boarding of any animal other than equine is prohibited. Not more than two equine which are not for the personal use of the occupant of the lot or parcel may be kept, maintained, or otherwise boarded on the lot or parcel, whether or not compensation in the form of money, goods or other services is received from the owner of the animal, subject to the approval of the Community Development Director and the following conditions:
1.
Such boarding shall only be conducted by the occupant of the property;
2.
Any equine boarded shall be counted as part of the total number of animals allowed on the lot or parcel as provided in Section 18.20.630;
3.
All requirements of this article as to the maintenance of animals shall be complied with.
4.
Any permits required by the Orange County Animal Control for the boarding of animals must be obtained.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.680 Maintenance of premises.
The occupant of any premises on which any animal is kept shall keep and maintain the animal(s) and premises in such a manner as not to be detrimental to the health, safety, or welfare of any person on any adjoining property or of the general public, nor be materially detrimental to the use, enjoyment, or value of property of other persons in the vicinity of the premises. Such maintenance shall be at least sufficient to keep dust, odors, flies and noise from having an adverse effect on any other property. The following techniques are recommended to meet the maintenance standards specified by this section and shall be utilized if no other alternative techniques sufficient to meet the standard are utilized:
A.
All manure shall be removed from the ground and stalls at least once in every 24-hour period and placed in a covered container. All manure shall be removed from the premises or composted at least once every seven days.
B.
A sprinkler system adequate to control dust in corral areas shall be installed and utilized as necessary on the premises.
C.
Chemical spray and/or bait shall be utilized as frequently as necessary for fly control.
D.
Touch or float activated watering devices with automatic shut-off shall be utilized for animal drinking water in lieu of standing water in troughs in order to minimize the potential for mosquitoes.
E.
An unreasonable accumulation of manure, standing surface water and refuse in a corral or stable area constitutes a health hazard. Therefore, corrals and stable areas shall be maintained in a clean and sanitary condition at all times and standing surface water, refuse and manure shall not be permitted to accumulate.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.700 Purpose and intent.
The purpose and intent of this article is to provide standards and guidance regarding the establishment of community care facilities within the City.
(Ord. 2004-884; Ord. 2019-1056 § 3; Ord. 2021-1086 § 2)
§ 18.20.710 Facility regulations.
The State of California is vested with the authority for licensing, inspection and enforcement for community care facilities throughout the State. The State has preempted local regulation of certain licensed facilities providing 24-hour care to six or fewer persons and requires such facilities to be considered a residential use.
(Ord. 2004-884; Ord. 2019-1056 § 3; Ord. 2021-1086 § 2)
§ 18.20.720 Facility types and classifications.
Community care facilities are divided into a number of classifications that serve young children, adults and elderly individuals. The various facility types can be divided into four classifications: (1) family day care homes; (2) day care centers; (3) community care facilities for six or fewer individuals; and (4) community care facilities for seven or more individuals.
B.
Day care centers.
C.
Community Care Facilities for Six or Fewer Individuals.
1.
Residential care facilities for the elderly.
2.
Drug abuse and alcoholism recovery facilities (community treatment/rehabilitation facilities).
3.
Intermediate care facilities.
4.
Dependent and neglected children homes (foster homes).
5.
Social rehabilitation facility.
6.
Congregate living health facility.
7.
Facilities for people with HIV or AIDS.
8.
Homes for the mentally and physically disabled.
9.
Transitional shelter care facilities/emergency shelters.
10.
Facilities for wards of the juvenile court.
D.
Community care facilities for seven or more individuals.
(Ord. 2004-884; Ord. 2019-1056 § 3; Ord. 2021-1086 § 2)
§ 18.20.730 Zoning requirements and site development standards.
A.
Small family day care homes and community care facilities for six or fewer individuals (plus up to two children under the age of 10 years who reside at the home). With the exception of facilities for wards of the juvenile court, these facilities are permitted in all residential zones subject only to the development standards of the zone in which the facility is located. Facilities for wards of the juvenile court require approval of a conditional use permit.
B.
Large family day care homes are permitted in all residential zones subject to approval by the zoning administrator of a modified conditional use permit as described in Section 18.38.050.G of this title. Approval shall be granted based on compliance with the development standards of the zone in which the facility is located, and the following additional requirements:
1.
The proposed use must be located a minimum of 500 feet from any other large family day care home or child day care center.
2.
Owner shall provide and make available at all times for parking purposes a minimum of two covered parking stalls and two open parking stalls on the property (preferably on a driveway).
3.
If located along an arterial or collector roadway, as classified in the City's General Plan, then review and approval by the City Traffic Engineer shall be required prior to establishment of a large family day care facility. Approval shall be based on a determination that the proposed use will not present any traffic safety hazards.
4.
The proposed use cannot materially reduce the privacy otherwise enjoyed by residents of adjoining property.
5.
The proposed use should not, by design, layout and operation, create noise which may be a nuisance to neighbors.
6.
The proposed use shall provide a minimum of 75 square feet of outdoor activity space for each child who is not an infant. The outdoor area must be owned or leased by the applicant and cannot be shared with other property owners unless permission is granted by the joint owners. This space requirement can be waived if the applicant can demonstrate that there is a public park, school or other public open area in close proximity to the large family day care home.
C.
Child day care centers are permitted in all residential, commercial and industrial zones, subject to approval of a conditional use permit by the Planning Commission, and further subject to the development standards of the zone in which the facility is located.
D.
Community care facilities for seven or more individuals are permitted in residential zones subject to approval of a conditional use permit by the Planning Commission, and the following additional requirements:
1.
Except as otherwise provided in Article 8 of this chapter, the proposed use must be located a minimum of 650 feet from any other community care facility. This distance shall be measured from the nearest property line of an existing community care facility to the nearest property line of a proposed large community care facility.
Table 18.20-2 COMMUNITY CARE FACILITIES (C = Conditional Use; P = Permitted Use; • = Prohibited Use) | |||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
R-A | PLD | R-E | R-S | R-U | R-M | R-M20 | R-M30 | C-O | C-N | C-G | M-1 | MHP | PD | PS | OS | OSR | |
Small family day care facility | P | P | P | P | P | P | P | P | • | • | • | • | • | P1 | • | • | P |
Large family day care facility2 | C | C | C | C | C | C | C | C | • | • | • | • | • | C1 | • | • | C |
Day care center | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | • | • |
Residential care facility for the elderly3 | C | C | C | C | C | C | C | C | • | • | • | • | C | C1 | • | • | C |
Drug abuse and alcoholism recovery facility3 | C | C | C | C | C | C | C | C | • | • | • | • | C | C1 | • | • | C |
Dependent and neglected children home3 | C | C | C | C | C | C | C | C | • | • | • | • | C | C1 | • | • | C |
Emergency shelter (up to 30) | • | • | • | • | • | • | • | • | • | • | • | P | • | • | • | • | • |
Emergency shelter (more than 30) | • | • | • | • | • | • | • | • | • | • | • | C | • | • | • | • | • |
Facility for people with HIV or AIDS3 | C | C | C | C | C | C | C | C | • | • | • | • | C | C1 | • | • | C |
Home for the mentally and physically disabled3 | C | C | C | C | C | C | C | C | • | • | • | • | C | C1 | • | • | C |
Facility for wards of the juvenile court | C | C | C | C | C | C | C | C | • | • | • | • | C | C1 | • | • | C |
Social rehabilitation facility3 | C | C | C | C | C | C | C | C | • | • | • | • | C | C1 | • | • | C |
Transitional/supportive housing3, 4 | P | P | P | P | P | P | P | P | • | • | • | • | C | C1 | • | • | C |
Community care facility for 7 or more | C | C | C | C | C | C | C | C | • | • | • | • | C | C1 | • | • | C |
Notes: | |
|---|---|
1 | Permitted only in residential portions of a PD zone district. |
2 | Refer to Section 18.38.050.G for special approval process. |
3 | Facilities for six or fewer individuals permitted as a matter of right. |
4 | Transitional and supportive housing are permitted in residential zoning districts subject to the same standards as similar residential uses. |
(Ord. 2004-884; Ord. 2015-1016 § 2; Ord. 2019-1056 § 3; Ord. 2021-1086 § 2)
§ 18.20.800 Purpose and intent.
In accordance with California Government Code Sections 65852.1, 65852.2, and 65852.22, the City intends for this article to provide for the creation, under limited circumstances, of an accessory dwelling unit on property zoned for residential use. The purpose of this article is to provide for additional housing opportunities for development of lowand moderate-income housing for the community in keeping with its Housing Element and State law, while at the same time retaining the character of the City's single-family neighborhoods. In doing so, and to ensure that no avoidable adverse impacts on the public health, safety, and general welfare result from the creation of an accessory dwelling unit, this article prescribes standards for the approval of such units that limit the circumstances under which accessory dwelling units may be permitted consistent with the purpose and intent of this article.
(Ord. 2017-1039 § 3; Ord. 2019-1056 § 3; Ord. 2020-1074 § 4; Ord. 2023-1106 § 3)
§ 18.20.810 General provisions.
A. "Accessory dwelling unit" "Accessory structure" "Junior accessory dwelling unit" "Living area" "Passageway" "Proposed dwelling" "Public transit" "Tandem parking"
The following definitions shall apply to this article:
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. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. An accessory dwelling unit also includes the following:
means a structure that is accessory and incidental to a dwelling located on the same lot.
means a unit that is at least 150 square feet and no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
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 pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
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.
B.
An accessory dwelling unit that conforms to the requirements of this article shall not be considered to exceed the allowable density for the lot upon which such unit is proposed to be established and shall be deemed a residential use that is consistent with the existing general plan and zoning designations for the lot.
C.
In accordance with State law, this article shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(Ord. 2017-1039 § 3; Ord. 2019-1056 § 3; Ord. 2020-1074 § 3; Ord. 2023-1106 § 3)
§ 18.20.820 Ministerial action.
Applications for accessory dwelling units that are consistent with the provisions of this article will be considered as a ministerial action requiring the issuance of a building permit. The Community Development Director shall approve or disapprove of an application for an accessory dwelling unit standard permit within 60 days after receiving the complete application except when the accessory dwelling unit is proposed in conjunction with a proposed new single-family dwelling unit, in which case the Community Development Department may delay acting on the accessory dwelling unit until the single-family dwelling is approved. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. Building permits shall only be issued with finding that the plan for the accessory dwelling unit complies with all requirements of the zoning regulations contained in this section herein.
(Ord. 2017-1039 § 3; Ord. 2019-1056 § 3; Ord. 2020-1074 § 3; Ord. 2023-1106 § 3)
§ 18.20.830 Applicability.
The applicant for an accessory dwelling unit shall be the owner and occupant of the primary dwelling of the lot on which the accessory dwelling unit is proposed to be established, or his/her/their authorized agent. Additionally, the lot on which the accessory dwelling unit is proposed to be established shall:
A.
Be located in a zoning district allowing for residential dwelling units.
B.
Contain, or propose to establish, one residential dwelling unit, which is the primary dwelling, and which conforms to all applicable zoning regulations for the zoning district in which the lot is located except as modified herein. The City shall not require the correction of nonconforming zoning issues as a condition for approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit.
C.
Have no more than a maximum of one accessory dwelling unit and one junior accessory dwelling unit located on it at any time.
(Ord. 2017-1039 § 3; Ord. 2019-1056 § 3; Ord. 2020-1074 § 3; Ord. 2023-1106 § 3)
§ 18.20.840 Standards and criteria for accessory dwelling units within existing structures.
A.
The following standards and criteria shall apply to all accessory dwelling units to be located within the proposed or existing space of a single-family dwelling, or within existing accessory structures, including garages, storage areas, or similar uses:
1.
The accessory dwelling unit is located within the proposed space of a new single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the physical dimensions as the existing structure to accommodate ingress and egress only.
2.
Maintains independent exterior access from the proposed or existing single-family dwelling;
3.
Maintains sufficient side and rear setbacks for fire and safety as determined by the Building Official. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.
B.
Multiple accessory dwelling units within the portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages are permitted, provided each unit complies with State building standards for dwellings. At least one accessory dwelling unit shall be permitted within multi-family dwelling structures and the total number of accessory dwelling units within multi-family dwelling structures shall not exceed 25 percent of the existing multi-family dwelling units.
No more than two detached accessory dwelling units that are located on a lot that has an existing multi-family dwelling may be permitted and are subject to the height limits established in Section 18.20.850 and four-foot rear yard and side setbacks.
(Ord. 2020-1074 § 3; Ord. 2023-1106 § 3)
§ 18.20.850 Standards and criteria for accessory dwelling units.
A.
The following standards and criteria shall apply to all proposed accessory dwelling units. Notwithstanding these requirements, all residential lots shall be permitted to develop at least one 800 square foot attached or detached accessory dwelling unit that maintains side and rear yard setbacks of at least four feet and complies with the following height limits:
1.
16 feet for a detached ADU on a lot with an existing or proposed single-family or multi-family dwelling unit.
2.
18 feet for a detached ADU on a lot with an existing or proposed single-family or multi-family dwelling unit which is within one-half mile of a major transit stop or high-quality transit corridor plus an additional two feet in height to accommodate a roof pitch on an ADU that is aligned with the roof pitch of the primary dwelling unit.
3.
18 feet for a detached ADU on a lot with an existing or proposed multi-family, multi-story dwelling.
4.
25 feet for an attached ADU; however, such ADUs are limited to no more than two stories in height.
B.
Location on Lot. An accessory dwelling unit may be permanently attached or detached from the primary dwelling.
C.
Height, Setback, Building Separation, Landscaping and Lot Coverage Requirements. Unless otherwise specified in this article, an accessory dwelling unit, including conversion of existing space within a primary dwelling, shall comply with the height, setback, building separation, landscaping and lot coverage standards of the applicable zoning district in which the lot is located.
The building lot coverage limitation shall include all structures, including the main residence, the accessory dwelling unit, garages, etc. The totality of the structure(s) on the lot shall not exceed the allowable building lot coverage specified in the zone in which the accessory dwelling unit is proposed.
An attached or detached accessory dwelling unit shall be limited to one story, unless the attached or detached accessory dwelling unit complies with all provisions and requirements of Section 18.10.100.B and subsection F, below.
D.
Size Limitations.
1.
Accessory dwelling units shall not exceed 1,000 square feet in size; however, attached accessory dwelling units may exceed these size limitations provided that they do not exceed 50 percent of the existing primary dwelling's living area square footage and shall not exceed one bedroom for ADUs which are 750 square feet or less and shall not exceed three bedrooms for ADUs more than 750 square feet;
2.
Notwithstanding the size limitation in subsection D.1, the Planning Commission may approve through Design Review any accessory dwelling unit exceeding these size limitations up to 1,200 square feet in size on lots of at least 15,000 square feet in size based on building design, roof slope and design, location, topography, or other criteria.
3.
Accessory dwelling units shall be a minimum of 150 square feet.
4.
The minimum bedroom size shall not be less than 70 square feet.
E.
Parking. A minimum of one parking space shall be required for an accessory dwelling unit. This parking space may be provided as tandem parking on a driveway. Notwithstanding this parking requirement, the City shall not impose parking standards for an accessory dwelling unit in any of the following instances:
1.
The accessory dwelling unit is located within one-half mile walking distance of public transit.
2.
The accessory dwelling unit is located within a historic district.
3.
The accessory dwelling unit occurs within the proposed or existing primary residence or within an accessory structure.
4.
When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
5.
When there is a car share vehicle located within one block of the accessory dwelling unit.
Additionally, when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, no off-street replacement parking spaces shall be required. |
F.
Setbacks. All accessory dwelling units shall maintain the front yard setback for the applicable zoning district in which the lot is located. However, accessory dwelling units shall maintain a minimum four foot setback on the side and rear yards for an accessory dwelling unit not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
Accessory dwelling units that are larger than the provisions established in subsection D.1 or are larger than one-story in height shall be subject to the same setback requirements as the primary dwelling.
G.
Same Ownership Required. Accessory dwelling units shall not be rented or leased for less than 30 consecutive days, and shall not be sold or owned separately from the primary dwelling.
H.
Owner Occupancy Required. The owner of the property on which the accessory dwelling unit is located shall reside in either of the dwelling units on the property as the principal residence as long as the condition of the accessory dwelling unit remains on the property. This is a perpetual requirement that runs with the land, and a restrictive covenant establishing this requirement shall be recorded, with proof of recordation presented to the Community Development Director, prior to issuance of a final building permit for the accessory dwelling unit. However, this owner-occupancy provision shall not be required for an accessory dwelling unit permitted between January 1, 2020, to January 1, 2025, per State law.
In circumstances where the property owner does not reside in either the principal residence or an accessory dwelling unit on the property, the property owner shall provide the City with the name of a local contact person who is available 24 hours a day, seven days a week, and is able to remedy any issues that may arise that are may be in violation of the City's Municipal Code.
I.
Mobile Homes/Recreational Vehicles. Neither the primary dwelling nor the proposed accessory dwelling unit shall be a mobile home or recreational vehicle, unless as otherwise specified herein.
J.
Exterior Design. The design of the accessory dwelling unit, including, but not limited to, building form, materials, exterior finishes, color scheme, and landscaping shall be compatible with the primary dwelling.
K.
Street Visibility. To maintain the single-family residential character of the street, the accessory dwelling unit should be designed and built in such a manner as to minimize its visibility (to the extent feasible) from the public right-of-way.
L.
Exterior Entrances and Stairways. To maintain the single-family residential character of the street, there shall not be more than one exterior entrance on the front or on any street side of the accessory dwelling unit. Additionally, no exterior stairway shall be located on the front or on any street side of the accessory dwelling unit.
M.
Two-Story Accessory Dwelling Units. An attached or detached accessory dwelling unit shall be required to comply with the provisions and requirements of Section 18.10.100.B, with the exception of any single-story accessory dwelling unit that complies with the height restrictions established in this section.
N.
Unless otherwise specified by the provisions of this chapter or State law, accessory dwelling units shall be required to comply with all provisions of the underlying zoning designation and all regulations required for the primary single-family dwelling unit, including, but not limited to, all applicable building and construction requirements.
O.
ADUs and JADUs shall not be used as community care facilities, boarding houses, or any other use not expressly permitted by this article.
(Ord. 2017-1039 § 3; Ord. 2019-1056 § 3; Ord. 2020-1074 § 3; Ord. 2023-1106 § 3)
§ 18.20.860 Standards and criteria for junior accessory dwelling units.
The following requirements shall apply to all junior accessory dwelling units:
A.
Only one junior accessory dwelling unit may be constructed per residential lot zoned for single-family residences with a single-family residence built or proposed to be built, on the lot.
B.
Owner-occupancy shall be required in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit.
C.
A junior accessory dwelling unit may only be permitted to be constructed within the walls of a proposed or existing single-family residence.
D.
A junior accessory dwelling unit shall include a separate entrance from the main entrance to the proposed or existing single-family residence.
F.
No additional parking is required for a junior accessory dwelling unit.
G.
The following are perpetual requirements that run with the land, and a restrictive covenant establishing the following requirements shall be recorded, with proof of recordation presented to the Community Development Director, prior to issuance of a final building permit for the junior accessory dwelling unit:
1.
A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
2.
A restriction on the size and attributes of the junior accessory dwelling unit that conforms to this article.
3.
A restriction that the owner of the property on which the junior accessory dwelling unit is located shall reside in one of the dwelling units on the property as the principal residence as long as the condition of the junior accessory dwelling unit remains on the property.
(Ord. 2020-1074 § 3; Ord. 2023-1106 § 3)
§ 18.20.870 Notification.
The applicant shall provide the Community Development Director with property ownership information of the adjacent and contiguous parcels. Additionally, the applicant shall provide a radius map drawn on the Assessor's Parcel Map, indicating the adjacent and contiguous parcels.
(Ord. 2017-1039 § 3; Ord. 2019-1056 § 3; Ord. 2020-1074 § 3; Ord. 2021-1088 § 4; Ord. 2022-1089 § 6; Ord. 2023-1106 § 3)
§ 18.20.880 Appeals.
An applicant or an interested and affected person may file an appeal of a determination to approve or deny an application for an accessory dwelling unit to the Planning Commission to determine adherence to the standards in this article. Any such appeal shall be in writing and accompanied by payment of the fee for appeals, as established by City Council resolution. The appeal shall state the grounds for the appeal and shall be filed with the City Clerk within 15 calendar days of the determination. The Planning Commission shall, within 30 calendar days after the appeal is filed, consider the appeal, without a public hearing, and decide the matter as soon thereafter as is reasonably feasible. Notice of the appeal shall be given in accordance with Section 18.20.870.
(Ord. 2017-1039 § 3; Ord. 2019-1056 § 3; Ord. 2020-1074 § 3; Ord. 2021-1088 § 4; Ord. 2022-1089 § 6; Ord. 2023-1106 § 3)
§ 18.20.890 Fees.
A.
The City shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
B.
The Community Development Director shall waive all planning processing and building plan check fees for an accessory dwelling unit or junior accessory dwelling unit in any of the following situations:
1.
The applicant voluntarily records a perpetual restrictive covenant running with the land that establishes that the owner of the property on which the accessory dwelling unit and/or junior accessory dwelling unit is located shall reside in one of the dwelling units on the property as the principal residence as long as the condition of the accessory dwelling unit and/or junior accessory dwelling unit remains on the property. This covenant shall be recorded, with proof of recordation presented to the Community Development Director, prior to issuance of a final building permit for the accessory dwelling unit.
2.
When an existing garage or carport is converted to an accessory dwelling unit and/or junior accessory dwelling unit and the applicant voluntarily provides replacement parking spaces for at least two on-site covered parking spaces for the primary residence in conformance with Sectio 18.22.030 .
(Ord. 2020-1074 § 3; Ord. 2023-1106 § 3)
§ 18.20.900 Purpose.
Consistent with the Federal mandates specified in 47 C.F.R. 25.104, this article is designed to provide local regulation of satellite antennas in order to protect the health, safety, and welfare of the people of the City by preventing significant visual blight resulting from, and reducing safety hazards associated with the sixe of satellite antennas, the height at which satellite antennas are mounted, the location at which satellite antennas are placed, and the lack of screening normally placed around satellite antennas. The standards set forth in this article foster the City's safety and aesthetic interests without imposing unreasonable limitations on, or preventing the reception of, satellite-delivered radio and television signal, or imposing excessive costs on applicants seeking to install satellite antennas.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.910 Required criteria and performance standards.
The following regulations shall apply to the establishment, installation, and operation of satellite antennas in all zones other than small diameter satellite antennas, which shall be regulated by Section 18.20.920:
A.
A satellite antenna shall not be located on any property without the issuance of a building permit, except in the case of small diameter satellite antennas the Building Official may waive this requirement for a building permit with the finding that in so doing there would be no risk to the public's health, safety or welfare.
B.
A satellite antenna shall be installed and maintained in compliance with the requirements of the City Building Code.
C.
No advertising material shall be allowed on any satellite antenna.
D.
All electrical wiring associated with any satellite antenna shall be buried underground or hidden in a manner acceptable to the Community Development Director.
E.
No portion of a satellite antenna or supporting structure shall be located in a street side yard or shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area but may be attached to a building on the property upon which the satellite antenna is to be located.
F.
A satellite antenna and supporting structures shall be located and designed to minimize the visual impact to surrounding properties and public streets. A satellite antenna and supporting structures shall not be painted white, silver, in bright color(s), or in color(s) with high contrast to the surrounding area, and shall be treated so as not to reflect glare from sunlight.
G.
A satellite antenna must be adequately grounded for protection against a direct strike of lightning
H.
A satellite antenna shall be screened by either six-foot walls or fences, or landscaping which conforms to the City's Landscape Design Manual and which can increase in height within two years of installation to obscure from visibility at least 75 percent of the satellite antenna and visible supporting structures. Walls and fences can be lower than six feet in height, and landscaping may obscure less than 75 percent if, prior to the issuance of the building permit, the applicant demonstrates to the satisfaction of the Community Development Director that the walls, fences, or landscaping will adequately obscure the satellite antenna from view from neighboring properties. The applicant may also demonstrate to the satisfaction of the Director that screening can be accomplished through other means such as covering the satellite antenna in a manner so as to obscure it from view.
I.
No satellite antenna or its supporting structures shall be located in the area between the front property line and the façade of any building on the property.
J.
No satellite antenna shall exceed the height limits of the zone in which the satellite antenna is to be located as measured from the highest point of the circumference or extension of the satellite antenna to grade level.
K.
All roof-mounted satellite antennas are prohibited, except as provided for in Section 18.20.915.A.3. Small diameter satellite antennas may be roof-mounted as provided for in Section 18.20.920.
L.
No satellite antenna shall be mounted on the top or side of any building. All satellite antennas shall be placed at ground level. Ground level shall mean that the bottom of the receiving antenna shall be no more than 12 inches off the ground. Small diameter satellite antennas may be affixed to the top or side of a structure as provided for in Section 18.20.920.
M.
The Community Development Director may require a wind velocity test when the Director determines that the proposed location of the satellite antenna is susceptible to wind stress.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.915 Requirements and performance standards for certain zones.
In addition to the requirements set forth in Section 18.20.910, the following additional requirements apply to the zones referenced.
A.
In commercial and industrial zones:
1.
No portion of any satellite antenna or its supporting structures shall be permitted within five feet from any property line and 10 feet of any other structure.
2.
All satellite antennas shall be screened from view from all arterial and collector streets and from all residential properties.
3.
Roof-mounted satellite antennas may be permitted when placed on a flat portion of the roof behind parapets and/or architecturally matching screening panels.
4.
A satellite antenna may be located within the street side yard if the antenna: (a) is not located within the required side yard setback; (b) the street side yard does not abut or directly face a residential zone or use; (c) the side yard is enclosed by a solid six-foot fence or wall; and (d) 100 percent of the satellite antenna and its supporting structure is obscured from visibility as viewed from the abutting public street at grade level.
5.
The satellite antenna diameter shall not be more than 13 feet.
B.
In residential zones, the satellite antenna diameter shall not be more than 10 feet.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.920 Small diameter satellite antennas.
In all zones, notwithstanding any provision in this title to the contrary, small diameter satellite antennas as defined in Section 18.04.200 may be roof mounted or affixed to the top or side of a structure if the following criteria and performance standards are met:
A.
If roof-mounted, the small diameter satellite antenna is mounted below the roof ridge or peak and the small diameter satellite antenna faces the rear or side yard.
B.
If affixed to the top or side of a structure, the small diameter satellite antenna shall blend with the façade to which it is affixed.
C.
The small diameter satellite antenna shall be colored to the greatest extent feasible to match the color of the surface to which the small diameter satellite antenna is affixed.
Except as set forth in this section, all provisions in this title applicable to satellite antennas shall apply to small diameter satellite antennas. |
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.925 Administrative adjustment.
A.
Purpose. Pursuant to the procedures below, any person unable to satisfy the provisions of this chapter without substantially impairing or preventing satellite signal reception or without incurring excessive costs in light of the purchase and installation costs of the satellite antenna, may seek an administrative adjustment from the Zoning Administrator pursuant to this section, Section 18.38.070.F, and Article 4 of Chapter 18.36. The purpose of the administrative adjustment is to allow substantially uninhibited reception of unencoded satellite broadcast signals within the City while still protecting the public health, safety, and aesthetic interests which would be jeopardized by unrestricted placement of satellite antennas.
B.
Administrative Adjustment Application. Any person requesting an administrative adjustment for the placement of a satellite antenna shall submit an application in accordance with the requirements of Article 4 of Chapter 18.36, and shall supplement the required application information with the following:
1.
Detailed plans showing the proposed location of the satellite antenna in relation to the main buildings or structures on the property, the property setback lines, the property lines, and the adjoining properties' buildings or structures.
2.
Written testimony from an expert in the field of satellite antennas explaining why compliance with the requirements of this article either substantially impairs or prohibits the reception of unencoded satellite broadcast signals, or why compliance with the requirements of this article imposes costs on the applicant which are excessive in light of the purchase and installation costs of the satellite antenna.
C.
Hearing. Within 30 days of determining that the administrative adjustment permit application is complete, the Zoning Administrator shall hold an administrative hearing in accordance with Section 18.38.070.
D.
Findings. The following findings shall be made to approve or conditionally approve an administrative adjustment:
2.
The public's health, safety, and aesthetic interests are protected to the greatest extent possible given the limitations contained in 47 C.F.R. 25.104 which prohibit the City from preventing or substantially inhibiting satellite broadcast signals, or imposing excessive costs on antenna owners which are excessive in light of the purchase and installation costs of the satellite antenna.
The applicant shall have the burden of proof with respect to all of the findings set forth in this section. |
E.
Approval. The Zoning Administrator may approve, conditionally approve, or deny the administrative adjustment application in accordance with Section 18.38.080.A. To accommodate both satellite broadcast signal reception and the public's health, safety, and aesthetic interest, the Zoning Administrator, in approving or conditionally approving the administrative adjustment, shall apply the following adjustments until the applicant can receive substantially uninhibited broadcast signal reception, and/or any excessive costs placed on the applicant in light of the purchase and installation cost of the satellite antenna are reduced:
F.
Appeal. Any decision of the Zoning Administrator may be appealed as set forth in Section 18.38.080.D.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.930 Nonconforming satellite antennas.
A.
General. Satellite antennas lawfully constructed and erected prior to the adoption of City Council Ordinance No. 92-720 as adopted in 1992, are nonconforming structures subject to the provision of Chapter 18.34. Any satellite antenna erected in violation of any prior law, ordinance, or regulation in effect at the time the satellite antenna was erected is a public nuisance subject to immediate abatement under the procedures set forth in Chapter 8.04.
B.
Extension of Time for Abatement. The Community Development Director shall grant an extension of time for abatement of a nonconforming satellite antenna where the Director finds that an unreasonable hardship would otherwise be imposed on the property owner. The Director shall consider the following factors, among others presented by the property owner, in determining whether to grant an extension of time for abatement:
1.
The amount of the owner's investment in the satellite antenna;
2.
The feasibility and associated costs with bringing the satellite antenna into compliance with this article;
3.
The detriment, if any, caused to the neighborhood by continuance of the nonconforming use; and
4.
The amount of time needed to amortize the owner's investment in the satellite antenna.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.935 Amateur radio antennas.
Amateur radio antennas serving stations of noncommercial privately owned and Federally licensed or recognized amateur radio operators shall comply with the following standards and requirements:
A.
Antennas permitted without a conditional use permit:
1.
Antennas completely enclosed within a building.
2.
A single antenna consisting of a wire one-fourth inch in diameter, such antenna may be located in setback areas provided the antenna does not extend above the top of the roof of the primary residence on the site.
3.
A single vertical pole, lattice pole or whip antenna not exceeding 42 feet in height, measured from finished grade at the base of the antenna, and not located in any required side, rear or front yard, is permitted. Such antennas shall not be located in front of a residence or on the side of a residence facing a public or private street.
B.
Antennas permitted with a conditional use permit. Outdoor amateur radio antennas other than those listed in subsection A above, may be permitted if a conditional use permit is approved and subject to evidence provided by the Federal Communication Commission (FCC) that the antenna height and/or location must exceed the provisions of subjection A in order to have adequate reception/transmission.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.940 Purpose and intent.
The purpose and intent of this chapter is to provide special guidelines for development of communication systems and their support components. Nothing in this chapter affects the authority to regulate telecommunication services in the public right-of-way pursuant to Title 12 of the municipal code.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.945 Applicability.
The guidelines and standards provided herein shall be applicable to all communications systems in all zones, except as specifically exempted by this article.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.950 Exempt facilities.
The restrictions, standards and guidelines of this article shall not apply to the following:
A.
Communications systems of any Federal, State, or local government agency charged with maintaining the national defense; public health, safety, and welfare or disaster control.
B.
Residential skeletal type antenna systems designed to receive UHF, VHF, AM, and FM broadcast transmissions from radio and television stations subject only to height limits of the zone in which erected.
C.
Unobtrusive ground plane designed ham or citizens band radio antennas subject to proper Federal Communication Commission (FCC) licensed operation for such radio service stations and installation pursuant to FCC standards.
D.
Communications systems placed underground in vaults shall not be subject to locational criteria.
E.
Telephone and television cable facilities, other than antenna, and call boxes and booths located within public rights-of-way in prescribed easements for such purposes shall be exempt unless such facilities are located within a duly determined and adopted underground district.
F.
Antenna systems regulated by the FCC with respect to heights, provided such antennas do not pose a safety threat.
G.
Satellite dish antennas as defined and regulated under Article 10 of this chapter.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.955 Locational criteria.
The intent of the locational criteria is to accommodate antennas and other wireless communication facilities in a manner that maintains the aesthetic integrity of both residential and nonresidential zones in the City. The purpose of the criteria is to protect against the interruption or obstruction of rooflines, or architectural or landscape features which contribute to the character of the surrounding environment. The following restrictions shall apply to all zones and properties:
A.
No antenna, antenna structure, or communication system shall be constructed or placed within the front yard setback in any zone.
B.
No antenna, antenna structure, or communication system shall be placed in any side yard abutting a street.
C.
In residential neighborhoods, no antenna, antenna structure, or communication system shall be erected upon the roof of a building.
D.
All nonexempt antenna systems shall be placed within the rear portion of a lot and shall meet established setback criteria the same as for any other building or above ground structure.
E.
All nonexempt antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function. Antenna height shall conform to the height limit of the zoning district or as otherwise approved through a conditional use permit.
F.
All nonexempt antennas and communication systems shall be screened from view by use of buildings or landscaping to the extent possible.
G.
Communication facilities shall be co-located where technologically feasible and visually beneficial. Lease agreements may not prohibit co-location or contain an exclusivity clause. Violation of this provision may result in permit revocation. Facilities that are not proposed to be co-located shall provide a written explanation why the subject facility is not a candidate for co-location.
Where determined to be technically feasible and appropriate, unutilized space should be made available for co-location of other wireless communication facilities, including space for entities providing similar, competing services. Co-location is not required in cases where the addition of the new service or facilities would cause quality of service impairment to the existing facility or if it became necessary for the host facility to go off-line for a significant period of time.
H.
No portion of an antenna array or communication device shall extend beyond a property line.
I.
All communications systems and their appurtenant structures shall be installed and maintained in compliance with applicable City ordinances and codes, and Federal Communication Commission regulations.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.960 Design criteria.
In addition to all other requirements of this article, all wireless communication facilities shall meet the following design requirements:
A.
All facilities shall be designed to minimize the visual impact to the greatest extent feasible, considering technological requirements, by means of placement, screening, and camouflage, to be compatible with existing architectural elements and building materials, and other site characteristics. The smallest and least visible antennas possible shall be used to accomplish the coverage objectives.
1.
Roof-mounted facilities shall be screened from view by a treatment that compliments the architecture of the building or structure, or be designed to be visually integrated with the host structure.
2.
Side mounted facilities on buildings or structures shall blend with existing architectural features of the building or structure. If necessary, architectural features may be developed in order to create a balanced appearance.
B.
Alternative antenna support structures shall be used in lieu of monopoles where the opportunity exists or where visibility impacts are a concern. Facility antennas shall be integrated into existing or newly developed facilities that are functional for other purposes to the extent practical. Whenever possible, antennas shall be concealed within features such as signs, clock towers, or similar structures that are compatible with the surrounding land uses.
C.
All antennas and communications systems shall be of nonreflective, glare reducing materials. Colors and materials for facilities shall be chosen to minimize visibility. Facilities shall be painted or textured using colors to match or blend with the primary background.
D.
Lightning arresters and beacon lights shall not be included in the design of facilities unless required by the Federal Aviation Administration (FAA). Lightning arresters and beacons shall be included when calculating the height of facilities such as towers and monopoles.
E.
Panel antennas shall not project beyond a maximum of 18 inches from the face of the building.
F.
Communication facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or required signage.
G.
Whip antennas and microwave dish antennas shall be integrated into the design of the structure and/or fully screened from public view.
H.
Lattice towers shall not be permitted.
I.
Accessory support facilities, such as electrical cabinets and equipment rooms shall be placed within an interior space of the existing building, underground, within a landscaped planter within the existing parking lot, or on the rooftop of the subject building. Support facilities shall be designed to match the architecture of adjacent buildings and/or screened from public view by walls, fences, parapets, landscaping, and similar treatments.
J.
All facilities shall be designed so as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.965 Permits required.
Within all zoning districts, all nonexempt installations shall require the approval of a conditional use permit by the Planning Commission. In addition to the conditional use permit findings identified in Section 18.36.200, the Planning Commission shall make the following findings for the approval of nonexempt communication facilities:
A.
That there are no reasonable design or location alternatives to the requested use that would have less adverse affects on the surrounding property or be less detrimental to the pubic health, safety and welfare.
B.
That the facility structures and equipment are located, designed and screened to blend with the existing natural environment or built surroundings so as to reduce visual impacts to the extent feasible considering the technological requirements of the proposed telecommunication services and the need to be compatible with the character of the community.
C.
That the facility is designed to blend with any existing supporting structures and does not substantially alter the character of the structure or local area.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.970 Application submittal requirements.
In addition to the application submittal requirements specified in Section 18.36.210, the following information shall be provided with all wireless communication facility applications:
A.
Photo simulations accompanied by a map indicating the location from which each image was taken.
B.
A description of services proposed to be offered in conjunction with the proposed facility.
C.
A justification study indicating the rationale for selection of the proposed site in view of the relative merits of any feasible alternative site within the service area. This study shall also include the applicant's master plan which indicates the proposed site in relation to the provider's existing and proposed network of sites within the City and surrounding areas, including a map and narrative description of each site. For modifications or alterations to existing facilities, the applicant may be required to submit a justification study limited to the need to modify, alter, or expand the facility.
D.
A co-location study examining the potential for co-location at an existing site. A good faith effort in achieving co-location shall be required of all applicants. Applicants who propose facilities that are not co-located with another telecommunication facility shall provide a written explanation why the subject facility is not a candidate for co-location.
E.
At the discretion of the Community Development Director, the applicant may be required to provide an authorization and waiver to permit the City to hire an independent, qualified consultant to evaluate any technical aspect of the proposed telecommunication facility, including but not limited to, potential for interference with existing or planned public safety emergency response telecommunication facilities, or analysis of feasibility of alternate screening methods or devices. Any authorization for this purpose shall include an agreement by the applicant to reimburse the City for all reasonable costs associated with the consultation. Any proprietary information disclosed to the City or the consultant is deemed not to be a public record and shall remain confidential and not be disclosed to any third party without the express consent of the applicant.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.975 Nonconforming systems.
All antenna and communications systems legally constructed and erected prior to this article becoming effective, are considered legal nonconforming uses and shall be subject to abatement the same as any other legal nonconforming use and/or structure.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.980 Permit review, renewal and revocation.
The City recognizes that the technology associated with telecommunication equipment is subject to rapid changes and upgrades as a result of industry competition and customer demands, and anticipates that telecommunication antennas and related equipment with reduced visual impacts will be available in the future with comparable or improved coverage and capacity capabilities. The City finds that it is in the interest of the public health, safety and welfare that telecommunication providers be required to replace older facilities with newer equipment of equal or greater capacity and reduced visual impacts as technological improvements become available.
Permitted wireless communication facilities shall be reviewed five years from the approval date in order to review new technologies. No vested right to any facility shall exceed said five-year period.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.20.990 Purpose.
This article provides concentration, separation, spacing and distance, and operational standards for massage establishments in the City of Yorba Linda in order to maintain the City's character, the diversity and vitality of the community's commercial areas, and the quality of life of Yorba Linda residents.
(Ord. 2014-1008 § 2; Ord. 2019-1056 § 3)
§ 18.20.992 City standards for massage establishments.
A.
Massage establishments may be permitted in the C-N (Commercial Neighborhood) and C-G (Commercial General) zones subject to the issuance of a conditional use permit. Massage establishments shall not be permitted in any other zone.
B.
A massage establishment shall not be located within 500 feet of any other massage establishment. The distance between massage establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior wall of one massage establishment to the closest exterior wall of the other massage establishment.
C.
The maximum number of massage establishments within the City of Yorba Linda shall not exceed one massage establishment for every 2,500 inhabitants of the City. For the purposes of this subsection, the total number of inhabitants of the City shall be determined by the most current published data available from the U.S. Census Bureau or the California State Department of Finance, whichever has been more recently updated, as of the date the application is filed.
D.
The massage establishment shall comply with all building and construction standards of the Uniform Building Code, Chapter 18.24 hereof, Title 24 of the California Code of Regulations, and all other Federal, State and City-adopted standards for the specific use.
E.
The massage establishment shall be operated consistent with the floor plan approved by the City. No changes to the floor plan shall be implemented unless and until the changes have first been approved by the City.
F.
The massage establishment shall not operate between the hours of 10:00 p.m. and 7:00 a.m.
(Ord. 2014-1008 § 2; Ord. 2019-1056 § 3)
§ 18.20.994 Enforcement and revocation.
A.
Inspections. The permittee shall permit officers of the City, the County of Orange, and each of their authorized representatives to conduct unscheduled inspections of the premises of the massage establishment for the purpose of ensuring compliance with the law at any time the massage establishment is open for business or occupied.
B.
Revocation Grounds. In addition to the revocation procedure set forth in Section 18.36.275 of this title, the Director of Community Development may revoke a conditional use permit for a massage establishment pursuant to the procedure set forth in this section when he or she discovers that any of the following have occurred:
2.
The application for the conditional use permit contains incorrect, or false information;
3.
The permittee or any of the permittee's agents or employees have violated a local, State, or Federal law or regulation applicable to massage establishments, including, without limitation, the California Massage Therapy Act (Business and Professions Code Section 4600 et seq., as amended from time to time or replaced by a successor statute) and the City's business licensing regulations for massage businesses (Chapter 5.20 of the Yorba Linda Municipal Code); or
4.
The permittee or any of the permittee's agents or employees has violated a local, State, or Federal law or regulation that is substantially related to the qualifications, functions, or duties of a person who provides massage services for compensation or oversees a business that provides massage services for compensation, including without limitation conviction for an act punishable as a sexually related crime, such as Penal Code Sections 266h, 266i, 314, 315, 316, 318, and subsections (a), (b) or (d) of Penal Code Section 647, as amended from time to time or replaced by a successor statute.
C.
Revocation Notice. Upon determining that the grounds for permit revocation exist, the Director of Community Development shall furnish written notice of the proposed revocation to the permittee. Such notice shall summarize the principal reasons for the proposed revocation, shall state that the permittee must request a public hearing within 15 calendar days of the postmarked date on the notice, and shall be delivered both by posting the notice at the location of the massage establishment and by sending the same, certified mail, return receipt requested and postage prepaid, addressed to the permittee as that name and address appears on the permit. Within 15 calendar days after the latter of the mailing or posting of the notice, the permittee may file a request for public hearing with the City Clerk. If the request for a public hearing is filed within 15 calendar days of the mailing or posting of the notice, referenced above, the hearing shall be provided as contained in subsection D.
D.
Revocation Hearing. Upon receipt of a written request for a public hearing, the Director of Community Development shall provide to the permittee a list of five names of potential hearing officers. The applicant shall select one name from the list, which person shall be the appointed hearing officer for the hearing. The permittee shall have opportunity, but not the obligation to pay 50 percent of the hearing officer's fee. The selected hearing officer shall conduct a hearing within 30 calendar days of receipt of such request. Notice of the public hearing shall be in accordance with Section 18.36.700 of this title. Notice of the time and place of the hearing shall be sent to the permittee via certified mail, return receipt requested and postage prepaid at least 15 calendar days in advance of the date set for the public hearing. At the public hearing, the permittee and the City shall be entitled to present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The public hearing officer shall not be bound by the traditional rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the hearing officer.
E.
Ruling. Within 10 calendar days of the termination of the hearing, the hearing officer shall make a decision on whether the grounds for revocation exist and shall submit a written report to the City Manager. Such written report shall contain a brief summary of the evidence considered and shall state findings, conclusions and directives to the City Manager on whether the permit is to be revoked. All such reports shall be filed with the City Clerk, and shall be considered public records. A copy of such report shall be forwarded by certified mail, return receipt requested and postage prepaid, to the permittee on the day it is filed with the City Clerk. If the hearing officer determines that any grounds for revocation exist, as provided in subsection B above, the City Manager, based upon the report of the hearing officer, or if no hearing is conducted, based upon the report of the City staff, shall immediately revoke the permittee's Conditional Use Permit. The decision shall be final.
F.
Maintenance of Status Quo. The status quo shall be maintained pending conclusion of the revocation hearing. If a judicial action is commenced challenging the revocation, the status quo shall be maintained until such time as a judicial decision is rendered from the court in which the action is filed.
(Ord. 2014-1008 § 2; Ord. 2019-1056 § 3)
§ 18.20.996 Public nuisance.
Any massage establishment operated, conducted or maintained contrary to the provisions of local, State or Federal law, including, without limitation, this zoning ordinance, the California Massage Therapy Act (Business and Professions Code Section 4600 et seq., as amended from time to time or replaced by a successor statute) and the City's business licensing regulations for massage businesses (Chapter 5.20 of the Yorba Linda Municipal Code) is unlawful and a public nuisance. In addition to any other penalty authorized by law, this zoning ordinance, or the Yorba Linda Municipal Code, the City Attorney may commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishment and restrain and enjoin any person from operation.
(Ord. 2014-1008 § 2; Ord. 2019-1056 § 3)
§ 18.20.998 Special use expiration.
Special use approval shall lapse and shall be void one year following the date of approval unless a building permit is issued and construction is commenced and diligently pursued toward completion of the site which use is the subject of the special use, or a certificate of occupancy is issued for the use of the structure which was the subject of the special use, or the use has not otherwise commenced.
(Ord. 2004-884; Ord. 2014-1008 § 2; Ord. 2019-1056 § 3)
§ 18.20.1000 Purpose and intent.
In accordance with California Government Code Sections 65852.21, 66411.7, and 66452.6, the City intends for this article to regulate SB 9 urban lot splits and the ability to develop or create two residential units within a single-family residential zone to the greatest extent feasible as permitted under California housing laws, while retaining the character of the City's single-family neighborhoods. In doing so, and to ensure that no avoidable adverse impacts on the public health, safety, and general welfare result from the creation of multiple residential units on what previously only allowed a single-family dwelling, this article prescribes standards for the approval of such units and SB 9 related units and SB 9 urban lot splits that limit the circumstances under which they may be permitted consistent with the purpose and intent of this article. If there are any conflicts between this chapter and California Government Code Sections 65852.21, 66411.7, and 66452.6, then the State law preempts any local law.
(Ord. 2021-1088 § 4; Ord. 2022-1089 § 6)
§ 18.20.1010 SB 9 housing development and lot split applicability.
A proposed housing development containing no more than two residential units within a single-family residential zone, and a parcel map for an SB 9 urban lot split, shall be considered ministerially, without discretionary review or a hearing, if the proposed SB 9 housing development and/or SB 9 urban lot split meet all of the following requirements:
A.
The parcel is not located on a site that is any of the following:
1.
Within a high or very high fire hazard severity zone, unless the subject site has adopted fire hazard mitigation measures pursuant to existing building standards or State fire mitigation measures applicable to the development.
2.
A hazardous waste site, unless the site has been appropriately cleared for residential use.
3.
Within a delineated earthquake fault zone, unless the development complies with applicable seismic protection building code standards.
4.
Within a special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency, unless either of the following are met:
a.
The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the City; or
b.
The site meets the Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
5.
Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, other adopted natural resource protection plan, lands under conservation easement, or habitat for protected species.
6.
Any other applicable requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of California Government Code Section 65913.4.
B.
Notwithstanding any provision of this section or any other local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
1.
Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
2.
Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
3.
Housing that has been occupied by a tenant in the last three years. In the event that a tenant has not occupied housing upon which the SB 9 housing development is proposed within the last three years, the construction of the proposed housing development does not require the demolition of more than 25 percent of the existing exterior structural walls.
C.
The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Government Code Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
D.
The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a City or County landmark or historic property or district pursuant to a City or County ordinance.
E.
Only individual property owners may apply for an urban lot split. "Individual property owner" means a person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Section 214.15)
(Ord. 2021-1088 § 4; Ord. 2022-1089 § 6)
§ 18.20.1020 Standards and criteria for dwelling units created.
The following standards and criteria shall apply to all proposed residential units permitted under this article. Notwithstanding these requirements, all residential lots zoned for single-family use shall be permitted to construct up to two dwelling units which are at least, but no more than, 800 square feet in floor area. For purposes of this section, any existing dwelling including any accessory dwelling unit or junior accessory dwelling unit, shall count towards the two dwelling unit maximum.
A.
Setbacks. All SB 9 housing developments shall maintain the front yard setback for the applicable zoning district in which the lot is located. However, SB 9 housing developments shall maintain a minimum four foot setback on the side and rear yards. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
Whenever a side yard or rear yard abuts a street, a minimum setback of 10 feet shall be required on the street side yard and the setback for the zone shall apply to the rear street-side lot line.
B.
Parking. A minimum of one covered parking space shall be required for each SB 9 housing development. Notwithstanding this parking requirement, the City shall not impose parking standards for an SB 9 housing development in any of the following instances:
C.
Building Separation, Landscaping and Lot Coverage Requirements. Unless otherwise specified in this article, an SB 9 housing development shall comply with the building separation, landscaping and lot coverage standards of the applicable zoning district in which the lot is located.
The building lot coverage limitation shall include all structures, including the main residence, any SB 9 housing development, any accessory dwelling unit, garages, etc. The totality of the structure(s) on the lot shall not exceed the allowable building lot coverage specified in the zone in which the SB 9 housing development is proposed.
D.
Short Term Rentals Prohibited. SB 9 housing developments shall not be rented or leased for less than 30-consecutive days. Furthermore, a Deed Restriction prepared by the City shall be recorded on the subject property prior to issuance building permits of the SB 9 housing development stating that any dwelling constructed upon property subject to the SB 9 housing development shall not be rented for less than 30 days and that the deed restriction runs with the land with the provision that this will be enforced against future owners of the property.
E.
Mobile Homes/Recreational Vehicles. SB 9 housing developments shall not be a mobile home or recreational vehicle.
F.
Exterior Design. The design of the SB 9 housing development, including, but not limited to, building form, materials, exterior finishes, color scheme, and landscaping shall be compatible with the primary dwelling (if one exists) and with the surrounding neighborhood to the greatest extent feasible.
G.
Exterior Entrances. There shall not be more than one exterior entrance per unit on the front or on any street side of the SB 9 housing development.
H.
Maximum Height/Stories. All SB 9 housing developments shall be subject to a height limitation of 16 feet and shall be limited to one story.
I.
Unless otherwise specified by the provisions of this chapter or State law, SB 9 housing developments shall be required to comply with all provisions of the underlying zoning designation and all regulations required for a primary single-family dwelling unit, including, but not limited to, all applicable building and construction requirements.
J.
The owner of the property shall sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the lot split. Furthermore, a Deed Restriction prepared by the City shall be recorded on the subject property prior to issuance of building permits for any SB 9 housing development stating that the applicant shall occupy one of the dwelling units constructed upon a parcel created by an SB 9 housing development for a period of three years from the date of approval of the SB 9 housing development as his or her primary residence and that the deed restriction runs with the land with the provision that this will be enforced against future owners of the property for a period of three years from the date of approval.
K.
No accessory dwelling unit or junior accessory dwelling unit shall be permitted on a lot which contains two SB 9 housing development units.
L.
No SB 9 housing development shall be established on any lot which has an existing development constructed upon it, which is nonconforming with respect to the City's current use or development standards without obtaining a Design Review pursuant to Article 2 of Chapter 18.36 of this title.
M.
The City shall review each SB 9 Housing Development Application for any other issues related to adequacy of water or sewer services, and/or the impact of the proposed development on traffic flow, or public safety. In the event that the City identifies a potential issue with respect to adequate water/sewer, traffic flow, or public safety, the City may deny the application and/or require the applicant to submit a Design Review pursuant to Article 2 of Chapter 18.36 of this title.
N.
Additional Requirements.
1.
All SB 9 housing developments shall be constructed upon a permanent foundation.
2.
SB 9 housing developments shall include sufficient permanent provisions for living, sleeping, eating, cooking, and sanitation, including, but not limited to, washer dryer hookups and kitchen facilities.
3.
All SB 9 housing developments must have separate utility connections and separate utility meters.
4.
Each SB 9 housing development unit shall be connected to the public sewer, and that connection shall be subject to a connection fee, or capacity charge, or both.
5.
All SB 9 housing developments must meet the requirements of all Uniform Codes, including, but not limited to, the California Building Code and the California Fire Code, as such codes have been adopted and amended by Title 15 of the City of Yorba Linda Municipal Code.
6.
Solar panels shall be required for any SB 9 housing development to an extent sufficient to meet the electrical load demand of each unit wherever feasible.
7.
No roof decks or balconies shall be constructed above or upon an SB 9 housing development.
8.
In the event that the property upon which the SB 9 housing development is proposed is located within a Homeowners Association ("HOA"), the applicant shall submit to the City written evidence of the HOA's approval of the SB 9 housing development concurrent with their SB 9 housing development permit application.
(Ord. 2021-1088 § 4; Ord. 2022-1089 § 6)
§ 18.20.1030 Standards and criteria for SB 9 urban lot splits.
SB 9 urban lot splits must meet all the following requirements:
A.
The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
B.
Both newly created parcels shall be no smaller than 1,200 square feet.
C.
Lots created from an SB 9 urban lot split may not be further subdivided.
D.
Neither the owner of the parcel being subdivided nor any person acting in concert with the owner may subdivide an adjacent parcel using an SB 9 urban lot split as provided in this article.
E.
An SB 9 urban lot split shall comply with all applicable objective requirements of the Subdivision Map Act unless otherwise specified in this article or in state law.
F.
No dedications of rights-of-way or construction of off-site improvements may be required for the parcels being created. However, the City may require any of the following conditions when considering an application for a parcel map for an SB 9 urban lot split:
G.
The owner of the property shall sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the lot split.
H.
A Deed Restriction prepared by the City shall be recorded on the subject property prior to issuance of the SB 9 urban lot split permit stating the following:
1.
That any dwelling constructed upon property subject to the SB 9 urban lot split shall not be rented for less than 30 days;
2.
That the applicant shall occupy one of the dwelling units constructed upon a parcel created by an SB 9 urban lot split for a period of three years from the date of approval of the SB 9 urban lot split as his or her primary residence; and
3.
That the deed restriction runs with the land and each provision therein may be enforced against future owners of the property.
I.
Associated Permits. If an application for a SB 9 urban lot split triggers the requirement for a discretionary or ministerial permit other than an SB 9 urban lot split and/or a building permit (including, but not limited to, a Design Review and/or conditional use permit), those associated permits must be applied for and obtained prior to application for an SB 9 urban lot split permit. The process for obtaining the associated permit(s) shall be as set forth in Chapter 18.36 of this title.
(Ord. 2021-1088 § 4; Ord. 2022-1089 § 6)
§ 18.20.1040 Notification.
The applicant shall provide the Community Development Director with property ownership information of the adjacent and contiguous parcels for each SB 9 housing development permit application and SB 9 urban lot split permit application. Additionally, the applicant shall provide a radius map drawn on the Assessor's Parcel Map, indicating the adjacent and contiguous parcels.
The Community Development Director shall provide written notice to all adjacent property owners that the proposed SB 9 urban housing development and/or SB 9 urban lot split has been determined to comply with all provisions of this article.
(Ord. 2021-1088 § 4)
§ 18.20.1050 Appeals.
An applicant or an interested and affected person may file an appeal of a determination to approve or deny an application for an accessory dwelling unit to the Planning Commission to determine adherence to the standards in this article. Any such appeal shall be in writing and accompanied by payment of the fee for appeals, as established by City Council resolution. The appeal shall state the grounds for the appeal and shall be filed with the City Clerk within 15 calendar days of the determination. The Planning Commission shall, within 30 calendar days after the appeal is filed, consider the appeal, without a public hearing, and decide the matter as soon thereafter as is reasonably feasible. Notice of the appeal shall be given in accordance with Section 18.20.870 of this chapter.
(Ord. 2021-1088 § 4)