Buena Park City Council
June 24, 2025

or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.
(k) The City Council shall review the hearing officer’s recommendation, but shall not be bound thereby. The City Council shall adopt, amend, modify or reject the recommended findings, conclusions and/or opinion of the hearing officer. Prior to making a decision which adopts the hearing officer’s recommendation, the City Council may order and read the transcript, at the Council’s discretion. Prior to making a decision which modifies or rejects the hearing officer’s recommendation, the City Council shall order and read the transcript of the Board hearing.
(l) The City Council shall not conduct a de novo hearing. The City Council may, at its sole option, allow limited oral arguments from either party before making a decision. (m) The decision of the City Council shall be final and binding, subject only to review by the courts under California Code of Civil Procedure section 1094.5. (n) The City staff shall notify the appellant in writing, within five working days of the City Council’s decision. Such notice shall indicate the effective date of the action to be taken.

June 24, 2025

NEW BUSINESS
Item No. 5I.

City Council Agenda Report

ADOPT A RESOLUTION APPROVING A CITY COUNCIL TRAVEL EXPENSE AND REIMBURSEMENT POLICY

AND CONSIDER INTRODUCING AN ORDINANCE OF THE CITY OF BUENA PARK, CALIFORNIA, AMENDING SECTION 2.04.030 OF THE BUENA PARK MUNICIPAL CODE PERTAINING TO SALARIES FOR CITY

COUNCIL MEMBERS

PREPARED BY PRESENTED BY
Eddie Fenton, Assistant City Manager/Director of
Human Resources
Eddie Fenton, Assistant City Manager/Director of
Human Resources

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Eddie Fenton, Assistant City Manager/HR Director Aaron France, City Manager

RECOMMENDED ACTION
1) Adopt a resolution approving a City Council Travel Expense and Reimbursement Policy; and, 2) Introduce an ordinance amending Buena Park Municipal Code Section 2.04.030 to increase salaries for Council Members.

PREVIOUS CITY COUNCIL ACTION
None.

DISCUSSION
On June 6, 2023, the City Council adopted Ordinance No. 1722 to fix the monthly salary for the Mayor and City Council Members at $1,473 per month effective December 10, 2024. On June 29, 2023, Governor Newsom signed Senate Bill 329 (SB 329), which allows cities to adjust City Council Member salaries based on population to take into account inflation, the work done by local government officials, and the need to ensure that people are not discouraged from seeking City office due to the low pay and high demands of holding office. Pursuant to SB 329, the new base pay amount for City Council Members in all cities of 75,000 to 150,000 population could be $1,900 per month.

On June 24, 2025, the City Council took action on a cost-of-living adjustment for general management employees in the amount of five percent (5%) effective July 5, 2025, and an additional five percent (5%) effective July 4, 2026, for a two-year agreement. The proposed ordinance increases City Council Member salary to $1,900.

This new salary adjustment for City Council Members is in accordance with Government Code 36516, which states that in cities over 75,000 up to and including 150,000 in population, salaries of up to and including one thousand nine hundred dollars ($1,900) per month may be approved by ordinance. This is intended to help City Councils become more diverse because increased compensation can help individuals from across different income levels receive sufficient income from their public service to help ensure that they can continue to serve the public and support their families. Government Code 36516 also requires the City Council to consider the adoption of an ordinance to increase City Council Member compensation in open session during at least two regular meetings of the City Council.

The law requires that any salary increases take effect only when one or more City Council Members begin a new term of office. For the 2025 year, this is expected to occur on December 8, 2026. On that date, the monthly salary for City Council Members will be $1,900 per month.

Additionally, Government Code Section 36514.5 permits reimbursement for actual and necessary expenses that City Council Members incur while performing their official duties. This reimbursement is subject to the written policies and reporting requirements outlined in Government Code Sections 53232.2 and 53233.3. On January 24, 2023, the City Council adopted Resolution No. 14627, which establishes a travel and business expense reimbursement policy for City Council Members consistent with the provisions of California law.

City Council Members incur actual and necessary expenses related to the use of personal vehicles in the performance of official duties, as well as expenses associated with the use of personal cellular phones, computers, and associated internet and utility service connections to communicate and perform their official duties.

Administrative Memorandum No. 100-17 is amended to reflect the following provisions:

Automobile.

As authorized by Government Code Section 1223, and recognizing that members of the City Council utilize their own vehicles to travel to and from a variety of functions, events, and meetings for purposes of City business or of general public benefit, every member of the City Council shall be eligible to receive an automobile allowance at the rate of $600 per month.

Communication.

Recognizing that communicating with City officials and the public represents a significant part of a City Council Member’s official duties and responsibilities, every Member of the City Council shall be eligible to receive a communication and technology reimbursement at the rate of $300 per month.

Adopting this resolution to update and establish practices and procedures governing the reimbursement of travel and other actual and necessary business expenses incurred by Members of the City Council is consistent with California law (Government Code sections 53232.2 and 53233.3).

BUDGET IMPACT
The revised list of reimbursable expenses and proposed salary increase is included within the proposed FY 2025- 2027 Budget. These changes comply with the authorization provided by the City Council.

Attachments
Resolution Approving City Council Expense Reimbursement.pdf 100 17 Travel and Business Expense Policy Final.pdf
ORD City Council Salaries 2025 2026 Ordinance.pdf
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF BUENA PARK,

CALIFORNIA, APPROVING A CITY COUNCIL TRAVEL EXPENSE AND

REIMBURSEMENT POLICY
WHEREAS, the City of Buena Park (“City”) is a California charter city vested with the police powers to enact and enforce local ordinances necessary to protect and advance the general health, safety, and welfare of the community;
WHEREAS, Section 2.04.040 of the Buena Park Municipal Code specifies that the salaries received by members of the Buena Park City Council (“City Council”) excludes any amounts that are payable as reimbursement for actual and necessary expenses incurred by a council member in the performance of official duties for the City;
WHEREAS, Government Code Section 36514.5 allows reimbursement of actual and necessary expenses incurred by City Council Members in the performance of official duties, subject to the written policy and reporting requirements specified in Government Code Sections 53232.2 and 53233.3;
WHEREAS, the City Council previously adopted Resolution No. 14627 on January 24, 2023, establishing a travel and business expense reimbursement policy for members of the City Council consistent with the provisions of California law; WHEREAS, the City Council continues to incur actual and necessary expenses related to the use of personal vehicles in the performance of official duties, as well as expenses associated with the use of personal cellular phones, computers, and associated internet and utility service connections to communicate and perform their official duties; WHEREAS, due to the passage of time, inflationary factors, and overall cost increases across the economy, the expenses incurred by members of the City Council in performing official duties presently exceed the current rate of reimbursement, and the City Council finds it necessary and appropriate to update the reimbursement policy and rates therein; WHEREAS, the budget for the City of Buena Park (“City”) includes money for travel and business expenses incurred by members of the City Council and appointed members of City commissions and committees when there is a resulting substantial benefit to the City; WHEREAS, the City Council finds and declares that adoption and payment of a car allowance in lieu of a reimbursement policy and the usual transportation charges is less administratively burdensome on City staff, and the City Council finds and declares that a car allowance of $600 per month is a reasonable estimation of average actual and necessary carrelated expenses authorized for reimbursement under Government Code Section 36514.5; WHEREAS, the City Council finds and declares that members of the City Council incur at least $300 per month on a personal mobile telephone, mobile telephone service, computers, computer software, internet service, and printer, fax, and computer supplies that are used in communicating and performing official functions and duties, and that establishing a flat reimbursement rate for such communications and technology costs, subject to written verification and documentation of such costs being actually and necessary incurred consistent with Government Code Section 36514.5, is less administratively burdensome and more equitable than dollar-for-dollar reimbursement given individual differences in category expenses among Council Members;
WHEREAS, the City Council desires to adopt this resolution to update and establish practices and procedures governing the reimbursement of travel and other actual and necessary business expenses incurred by members of the City Council in performing official functions and duties consistent with California law (Government Code sections 53232.2 and 53233.3.

NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL FOR THE CITY OF BUENA PARK AS FOLLOWS:

SECTION 1. Based upon all evidence and information presented to the City Council in connection with its consideration of this matter, the City Council finds and declares the foregoing recitals to be true and correct and incorporated as a substantive part of this resolution.

SECTION 2. Each member of the City Council shall be entitled to a monthly car allowance of $600.00 at the beginning of each month during any part of which the City Council Member remains in office, but prorated for any partial months, and subject to City Council Member providing annual written verification and agreeing to use their personal vehicle in performance of duties.

SECTION 3. Each Member of the City Council shall be entitled to a communications and technology reimbursement of $300.00 at the beginning of each month during any part of which the City Council Member remains in office, but prorated for any partial months, and subject to compliance with applicable provisions of the reimbursement policy referenced hereinbelow.

SECTION 4. The City Council hereby adopts and approves the policy governing the reimbursement of travel expenses and business expenses as is attached hereto, which shall apply to members of the City Council and members of any other “legislative body” of the City, as that term is defined by Government Code section 54952.

SECTION 5. This Resolution supersedes and replaces Resolution No. 14627 and shall become effective immediately upon its adoption. The City Clerk shall certify to its approval.

PASSED, APPROVED and ADOPTED this 24th day of June 2025.

AYES: CITY COUNCILMEMBERS:

NOES: CITY COUNCILMEMBERS:

ABSENT: CITY COUNCILMEMBERS:

ABSTAIN: CITY COUNCILMEMBERS:
______________________________________
Mayor
ATTEST:
_______________________________
City Clerk
I, Adria M. Jimenez, MMC, City Clerk of the City of Buena Park, California, do hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council for the City of Buena Park held on the 24th day of June 2025. ______________________________________
City Clerk

ADMINISTRATIVE MEMORANDUM
SUBJECT 1 OF 15

TRAVEL AND BUSINESS EXPENSE POLICY
SECTION NO. INDEX NO. ISSUE DATE REVISION DATE CITY MANAGER APPROVAL 100 17.0 8/8/80 6/24/25

TRAVEL AND BUSINESS EXPENSES

1. It is the policy of the City of Buena Park that all travel and business expenses incurred meet the following criteria:

A. The purpose for which the expense was incurred is of direct benefit or can be shown to have benefit to the City.

B. The amount of the expense is reasonable in terms of the event or activity involved and the City benefit to which it relates.

2. Authorized Expenses
City funds, equipment, supplies (including letterhead), titles, and staff time must only be used for authorized business of the City of Buena Park.

Expenses incurred by City Council, Commission, Committee, or Board Members, City officers, and employees (cumulatively, “City officials”) in connection with the following types of activities generally constitute authorized expenses and may be reimbursed by the City as long as the other requirements of this policy are met:

A. Serving the needs of the residents, businesses, and visitors of the City of Buena Park;
B. Communicating with constituents in compliance with applicable laws; C. Communicating with representatives of regional, state, and national government on City policy positions;
D. Attending educational seminars designed to improve City officials’ skill, knowledge, and information levels;
E. Participating in regional, state, and national organizations whose activities benefit or affect the City’s interests;

ADMINISTRATIVE MEMORANDUM
SUBJECT 2 OF 15

TRAVEL AND BUSINESS EXPENSE POLICY
SECTION NO. INDEX NO. ISSUE DATE REVISION DATE CITY MANAGER APPROVAL 100 17.0 8/8/80 6/24/25
F. Recognizing service to the City (for example, thanking a longtime City official with a retirement gift or celebration or award of nominal value and cost);
G. Attending City, community, regional, and other events; H. Gathering facts and information regarding City projects, issues, and priorities in other jurisdictions;
I. Implementing a City-initiated strategy for attracting or retaining businesses to the City;
J. Attending meetings such as those listed above for which a meeting stipend is expressly authorized under this policy; and
K. Keeping and using a personal automobile to undertake the abovereferenced activities and to observe the City to determine traffic patterns, the condition of streets and property, and to generally remain aware of the state of the City.

3. Meals – City officials will be reimbursed up to the amount equivalent to the current General Services Administration (GSA) amount set for the Los Angeles / Orange / Ventura / Edwards AFB areas. The maximum per diem rate for M&IE is equivalent to the GSA rate for all meals combined and shall not be broken down for any of the three meals of breakfast, lunch, and dinner. As of June 24, 2025, the current GSA rate is $86 for the Los Angeles / Orange / Ventura / Edwards AFB areas. Current rates can be found at:
https://www.gsa.gov/travel/plan-book/per-diem-rates.

Meal expenses which are included as part of conference or meeting registration fees should be noted as such when reporting the registration fee expense. Reimbursement for these meals may not be claimed.

ADMINISTRATIVE MEMORANDUM
SUBJECT 3 OF 15

TRAVEL AND BUSINESS EXPENSE POLICY
SECTION NO. INDEX NO. ISSUE DATE REVISION DATE CITY MANAGER APPROVAL 100 17.0 8/8/80 6/24/25
The following are examples of how meal expenses may be claimed for conferences, trainings, and meetings:

A. Reimbursement for breakfast may be claimed if a City official is in travel status prior to 7 a.m. and breakfast is not provided.

B. Reimbursement for lunch may be claimed if a City official attends a conference through the lunch hour and lunch is not provided.

C. Reimbursement for dinner may be claimed if a City official is required to stay overnight or is in travel status beyond 8 p.m. and dinner is not provided.

The City will not maintain open accounts with local restaurants. City funds may not be expended to reimburse City Council Members for expenses incurred to purchase meals for third parties, such as constituents, consultants, legislators and private business owners, hereafter known as “third parties.” Notwithstanding the foregoing, the City Manager and his designees may be reimbursed for the cost of providing meals to third parties involving activities benefiting the City, such as oral boards or meetings held to discuss legislation or business opportunities in the City; or other matters of benefit to the City, whether or not the activity is attended by Council Members. Council Members are prohibited from using City issued credit cards to pay for expenses incurred to purchase meals for third parties. In no case shall expenses be reimbursed to a non-City official other than a consultant or other person working for the City under contract; or to or for a family member of a City official unless the family member is also a City official.

4. Lodging - It is the City’s policy to provide adequate lodging for City officials while they are out of town on City business. “Out of town” is defined as a location greater than 50 miles from City Hall and the City official’s residence.

Hotel and motel accommodation should be appropriate to the purpose of the trip. Receipts for lodging must be provided to obtain reimbursement.

ADMINISTRATIVE MEMORANDUM
SUBJECT 4 OF 15

TRAVEL AND BUSINESS EXPENSE POLICY
SECTION NO. INDEX NO. ISSUE DATE REVISION DATE CITY MANAGER APPROVAL 100 17.0 8/8/80 6/24/25
Hotel and motel charges shall be based on single occupancy rates. The City will not reimburse City officials for lodging expenses incurred by family members when the City official’s family accompanies him/her, or for any charges above the single occupancy rate if the hotel charges more for additional guests in the same room.

A. Conferences/Meetings - If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, see next section.

B. Other Lodging - Travelers must request government lodging rates, when available. A listing of hotels offering government rates in different areas is available at http://www.catravelsmart.com/lodguide frames.htm. Lodging rates that are equal or less than government rates are presumed to be reasonable and hence reimbursable for purposes of this policy. In the event that government rates are not available at a given time or in a given area, lodging rates that do not exceed the median retail price for lodging for that area listed on websites like www.hotels.com, www.expedia.com or an equivalent service shall be considered reasonable and hence reimbursable if, given the circumstances of the travel, such comparable rates can be found. In unique circumstances, the City Manager may approve the reimbursement of reasonable lodging costs that exceed the two standards above, if necessary under the particular circumstances.

5. Telecommunications.

A. City Officials. City officials will be reimbursed for all actual telephone and communication expenses incurred in the course of conducting City business. For mobile phone use under a personal plan, officials may determine the percentage of usage attributable to City business and will

ADMINISTRATIVE MEMORANDUM
SUBJECT 5 OF 15

TRAVEL AND BUSINESS EXPENSE POLICY
SECTION NO. INDEX NO. ISSUE DATE REVISION DATE CITY MANAGER APPROVAL 100 17.0 8/8/80 6/24/25
be reimbursed for that portion of the monthly charges. Supporting documentation must be provided. The City may issue mobile devices to City Officials for use of City-related business.

B. City Council. As authorized by Resolution No. __, and recognizing that communicating with City officials and the public represents a significant part of a City Council Member’s official duties and responsibilities, every Member of the City Council shall be eligible to receive a communication and technology reimbursement at the rate of $300.00 per month. City Council Members who desire to receive the monthly reimbursement shall elect to do so by April 1 of each calendar year.

1. Eligible Expenses. This amount covers the following equipment and services, which are necessary for the conduct of official City business or to carry out official duties as a City Council Member: mobile telephone; mobile telephone service; computer software; computer hardware; printer, fax machine, copier and/or scanner; internet service; and printer and fax supplies.

2. Communications Verification. Council Members who elect to receive the monthly communications and technology allowance shall be required to provide written verification on an annual basis that they have obtained appropriate mobile telephone service, and internet service. Each City Council member shall, at their sole discretion, select the service provider for their mobile telephone, and Internet services.

6. Garage and Parking - Whenever City officials are on City business and it is necessary to park a private or City vehicle, the City will reimburse the City official who incurs such expenses. In obtaining the necessary parking or garage space, the individual should use facilities which are reasonably convenient and at reasonable rates for the area.

ADMINISTRATIVE MEMORANDUM
SUBJECT 6 OF 15

TRAVEL AND BUSINESS EXPENSE POLICY
SECTION NO. INDEX NO. ISSUE DATE REVISION DATE CITY MANAGER APPROVAL 100 17.0 8/8/80 6/24/25

7. Limousine and Taxi Service - Taxis or shuttle fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time-efficiency.

8. Entertainment Expenses - City officials who seek reimbursement for entertainment must be able to justify such expenses in accordance with the City’s business expense policies as stated in Item #1.

Entertainment includes: theaters, sports events, amusement parks, and similar activities.

The City official is responsible for properly documenting such expenses including the event or activity, the date of attendance, guests involved, business purpose and total cost.

Entertainment expenses incurred in conjunction with a conference or training session should be noted as such on the City official’s expense report.

9. Group Travel - When two or more City officials travel together, each will be reimbursed only for his/her actual expenses.

10. Baggage Charges, Tips and Gratuities - Reasonable amounts for tips and gratuities will be allowed. Tips for meals should be shown separately on the Expense Report.

11. Personal Expenses - Personal expenses incurred by a City official shall not be reimbursed. Personal expenses shall include but not be limited to:
tailoring, barbers, beauty parlors, personal telephone calls, laundry and entertainment.

12. Alcoholic Beverage Expenses - It is the policy of the City Council of the City of Buena Park that no City funds shall be expended for the purchase of

ADMINISTRATIVE MEMORANDUM
SUBJECT 7 OF 15

TRAVEL AND BUSINESS EXPENSE POLICY
SECTION NO. INDEX NO. ISSUE DATE REVISION DATE CITY MANAGER APPROVAL 100 17.0 8/8/80 6/24/25
alcoholic beverages, nor shall any City funds be used to reimburse any City Official for the purchase of alcoholic beverages.

13. Transportation - The most economical mode and class of transportation reasonably consistent with scheduling needs, the City official’s time constraints, and cargo space requirements must be used, using the most direct and time-efficient route. Charges for rental vehicles may be reimbursed under this provision if more than one City official is attending an out of town conference, and it is determined that sharing a rental vehicle is more economical than other forms of transportation. In making such determination, the cost of the rental vehicle, parking and gasoline will be compared to the combined cost of such other forms of transportation.

Government and group rates must be used when available. The City Council recognizes and acknowledges that some City officials are part-time volunteers, and that personal, employment and other commitments may impact the economy of available travel arrangements.

A. Airfare - Airfares that are equal or less than those available through the Enhanced Local Government Airfare Program offered through the League of California Cities (www.cacities.org/ travel), the California State Association of Counties
(http://www.csac.counties.org/default.asp?id=635) and the State of California shall be, in most normal circumstances, presumed to be the most economical and reasonable for purposes of reimbursement under this policy . The City Council recognizes and acknowledges that such airfares are not always practicable or available in certain limited circumstances, and finds that higher airfares may be appropriate in individual cases.

C. Automobile.

1. City Officials.Automobile mileage will be reimbursed at Internal Revenue Service rates. (see www.irs.gov). The Internal Revenue Service rates will not be paid for rental vehicles; only receipted fuel

ADMINISTRATIVE MEMORANDUM
SUBJECT 8 OF 15

TRAVEL AND BUSINESS EXPENSE POLICY
SECTION NO. INDEX NO. ISSUE DATE REVISION DATE CITY MANAGER APPROVAL 100 17.0 8/8/80 6/24/25
expenses will be reimbursed. The mileage rates and monthly payments for use of personal automobiles do not include bridge and road tolls, which are also reimbursable.

2. City Council. As authorized by Government Code Section 1223 and Resolution No. __, and recognizing that members of the City Council utilize their own vehicles to travel to and from a variety of functions, events, and meetings for purposes of City business or of general public benefit, every member of the City Council shall be eligible to receive an automobile allowance at the rate of $600.00 per month.

City Council Members who desire to receive the monthly automobile allowance shall elect to do so by April 1 of each calendar year. City Council Members who do not make such an election may seek reimbursement of any actual and necessary automobile expenses using the general procedures for reimbursement of expenses, as set forth above.
a. Costs Covered. The allowance established above shall be in lieu of any other automobile or mileage allowance paid to Council Members for insurance, motor fuels and lubricants, depreciation, wear and tear, repairs or maintenance, automobile rental and other similar expense for trips and travel within 50 miles of the City.
b. Eligibility Criteria. Prior to receiving the allowance set forth herein, the Council Member shall comply with the following verification, license, and insurance requirements:
i. License Requirement. The automobile is operated by a driver with a valid California driver’s license, and the Council Member provides evidence of such prior to receiving the allowance or reimbursement.
ii. Insurance Requirement. The Council Member maintains all

ADMINISTRATIVE MEMORANDUM
SUBJECT 9 OF 15

TRAVEL AND BUSINESS EXPENSE POLICY
SECTION NO. INDEX NO. ISSUE DATE REVISION DATE CITY MANAGER APPROVAL 100 17.0 8/8/80 6/24/25
legally required insurance coverage with limits which satisfy the automobile insurance requirements established by the State of California, and provides evidence of such prior to receiving the allowance or reimbursement; and the Council Member provides written notice to the City Clerk should the insurance coverage be canceled, reduced, or otherwise
modified.
iii. Distance Reimbursement. When it is efficient and in the interest of the City for a Council Member to use his/her personal vehicle to travel to a location more than 50 miles from the City to discharge his/her official duties, then, in addition to the allowance, the Council Member shall be
eligible for reimbursement at the established City rates per mile driven.

C. Car Rental - Rental rates that are equal or less than those available through the State of California’s website
(http://www.catravelsmart.com/default.htm) shall be considered the most economical and reasonable for purposes of reimbursement under this policy.

EXPENSE REPORTS, DOCUMENTATION AND RECORDS

1. Standard Form - It is the policy of the City of Buena Park that all City officials use a standard form provided by the City for documenting their travel and business expenses and in support of their requests for reimbursement. All expenses must be listed on a single form. The standard form, referred to as the Expense Report, shall be used by City officials.

2. Required Receipts - Originals of receipts are required and must be submitted by all City officials with their Expense Reports. Expenses not

ADMINISTRATIVE MEMORANDUM
SUBJECT 10 OF 15

TRAVEL AND BUSINESS EXPENSE POLICY
SECTION NO. INDEX NO. ISSUE DATE REVISION DATE CITY MANAGER APPROVAL 100 17.0 8/8/80 6/24/25
accompanied by original receipts or proof of expenditures will not be reimbursed.

3. Completion and Submission - It is the responsibility of the City official incurring the expense to see that documentation for business and travel expenses is completed and submitted in a timely and accurate manner. This includes the completion and submission of standard forms, supporting receipts, conference schedule, and other documentation as called for in the circumstances.

4. Time and Limits - Expense Reports and accompanying receipts and other supporting documentation shall be submitted to the Finance Director's Office within 30 calendar days after the individual returns from a trip. Local business expenses shall be reported monthly and may be reimbursed from the City General Petty Cash Account.

City officials with delinquent Expense Reports will not be allowed to obtain benefits of a travel advance until their delinquent Expense Report is filed.

The unspent balance of a travel advance shall be returned to the Finance Department immediately upon return from a trip along with the Expense Report. A receipt should be obtained from the Finance Department and submitted with the completed Expense Report.

The unused portion of City-issued tickets for transportation shall be returned to the City no later than the time the related Expense Report is submitted to the Finance Department.

5. Approvals - Forms for reimbursement which require City Manager or Department Head approval (i.e., Expense Report, Mileage Report) must clearly show the approving signatures. Forms submitted without necessary approval will not be accepted by the Finance Director.

ADMINISTRATIVE MEMORANDUM
SUBJECT 11 OF 15

TRAVEL AND BUSINESS EXPENSE POLICY
SECTION NO. INDEX NO. ISSUE DATE REVISION DATE CITY MANAGER APPROVAL 100 17.0 8/8/80 6/24/25

6. Retention and Control - Each City official should retain a copy for his/her own records of each Expense Report and supporting documentation submitted to the City for reimbursement.

The Finance Director's Office shall serve as the City's ultimate repository for all reports, documentation, and records pertaining to travel and business expenses.

7. Compliance With Laws - City officials should keep in mind that some expenditures could be subject to reporting under the Political Reform Act and other laws. Records of all City expenditures and documentation regarding expense reimbursements are public records subject to disclosure under the Public Records Act.

CONFERENCES, MEETINGS, AND TRAINING

1. It is City policy to encourage City officials to attend conferences, meetings, and training sessions which are of direct benefit to the City.

For the purposes of this document, conferences are defined as meetings organized by professional or technical associations for professional development and training purposes usually characterized by substantial advanced notice and a formal program.

Training sessions are conducted for educational purposes and are usually sponsored by colleges or universities, professional associations, or independent organizations. They are characterized by substantial advanced notice and a formal "classroom/seminar" program.

Meetings may be held for many different purposes and the sponsoring organization may be another governmental agency or a private organization. Meetings may be called with limited advanced notice and no formal program.

ADMINISTRATIVE MEMORANDUM
SUBJECT 12 OF 15

TRAVEL AND BUSINESS EXPENSE POLICY
SECTION NO. INDEX NO. ISSUE DATE REVISION DATE CITY MANAGER APPROVAL 100 17.0 8/8/80 6/24/25

2. It is the general policy of the City Council to send no more than one City official to individual conferences of importance to the City. The City Council or City Manager may direct additional staff members to attend conferences when warranted.

3. City management officials may attend those conferences, including those out-of-state, which are authorized in the adopted budget. All requests for non-budgeted conferences must have approval of the City Manager. All requests for non-budgeted out-of-state conferences must have approval from the City Council before registration for the conference is submitted.

For conferences, lodging will be provided for the same number of nights as there are days of the conference. For example, if the conference lasts three days, the City will provide for lodging for three nights.

4. A Department Head and his or her primary assistants may attend one conference at the same time in accordance with the adopted budget. Aside from this, a Department Head and his primary assistants should not absent themselves at the same time for a conference attendance. If one staff member cannot adequately cover the conference, justification for additional staff attendance shall be made to the City Manager.

METHODS AND CLASSES OF TRANSPORTATION

1. Arrangements for authorized travel requiring a mode of transportation other than automobile (i.e., airplane, bus) should be made in advance. Only economy or coach fare rates will be authorized.

2. Air travel should be used for all out-of-state trips and some medium range trips within the state when time is a major factor. Bus, train, or other methods of travel will be authorized in lieu of air travel when such modes of travel are most appropriate and economical.

ADMINISTRATIVE MEMORANDUM
SUBJECT 13 OF 15

TRAVEL AND BUSINESS EXPENSE POLICY
SECTION NO. INDEX NO. ISSUE DATE REVISION DATE CITY MANAGER APPROVAL 100 17.0 8/8/80 6/24/25

3. It may be necessary for a Commission, Committee, or Board Members, City officers, and employees to rent an automobile at his/her destination point because commercial sources of transportation are impractical. The individual authorized to travel should obtain Department Head approval before the trip and arrange for an auto rental. If the need for a rental car is not determined until the individual arrives at his/her destination, then he/she should indicate the justification for such expense on his/her Expense Report.

All out-of-state travel by any City official must receive specific approval by the Department Head and the City Manager, with approval from the City Council. (See policy on special travel requests).

Authorization

1. Justification for all City paid travel expenses will be evaluated in terms of the benefit to the City of such travel based on the criteria of usefulness of information to be obtained, need for personal representation and contacts by the City, or personnel.

2. All anticipated travel expenses should be included in the budget, and no travel should be undertaken unless the anticipated expenses are funded.

3. All out-of-state travel by any Commission, Committee, or Board Members, City officers, and employees must receive specific approval by the Department Head and the City Manager, with approval from the City Council when necessary.

The City Council shall be notified of all out-of-state travel, and it is the Department Head’s responsibility to document each instance of out-of-state travel by any member of the department. A memorandum stating all pertinent details, including the purpose, must be sent to the City Manager one week in advance. A copy of this memorandum will be promptly

ADMINISTRATIVE MEMORANDUM
SUBJECT 14 OF 15

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SECTION NO. INDEX NO. ISSUE DATE REVISION DATE CITY MANAGER APPROVAL 100 17.0 8/8/80 6/24/25
forwarded by the City Manager to the City Council clearly showing the City Manager’s signature of approval.

Prepayments

1. Air, bus, and train transportation, hotel deposits, conference and seminar registration fees, and other costs normally payable in advance of a trip or conference shall be made through the City’s regular requisition and purchasing process.

2. All such prepayments shall be accounted for on the City’s standard Expense Report form by the individual submitting the report.

Exceptions

1. It is the City’s basic position to discourage exceptions to these policies.

Nevertheless, there may be occasions when City officials are unable to comply with them. It is the responsibility of the Commission, Committee, or Board Members, City officers, and employees to prepare a full written and signed statement as to why exceptions should be approved. Approval of exceptions to these policies shall be made by the City Manager.

2. In particular, due to the business practices of the hospitality industry, certain sections of this policy may not apply to the operation of Visit Buena Park. The City Manager shall have the authority to approve those certain items that are not in conformance with this policy that are necessary for the operation of Visit Buena Park.

Verbal Reports on Meetings

1. Members of the City Council, Planning Commission, and other City legislative bodies shall make brief verbal reports on meetings attended at

ADMINISTRATIVE MEMORANDUM
SUBJECT 15 OF 15

TRAVEL AND BUSINESS EXPENSE POLICY
SECTION NO. INDEX NO. ISSUE DATE REVISION DATE CITY MANAGER APPROVAL 100 17.0 8/8/80 6/24/25
the expense of the City at the next meeting of their respective legislative body.

Travel and Business Expense Audits

1. It is the policy of the City of Buena Park that the Finance Director shall be charged with the responsibility to develop and carry out an internal audit program of incoming Expense Reports which assures that expenses claimed by City officials are reimbursed in accordance with City policies and procedures pertaining to such expenses.

Violations of Policy

1. Use of City resources or falsifying expense reports in violation of this policy may result in any or all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the City, 3) the City’s reporting the expenses as income to the elected official to state and federal tax authorities, 4) civil penalties of up to $1,000 per day and three times the value of the resources used, and 5) prosecution for misuse of City resources.

Resolution No. __ adopted on June 24, 2025.

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF BUENA PARK,
CALIFORNIA, AMENDING SECTION 2.04.030 OF

THE BUENA PARK MUNICIPAL CODE

PERTAINING TO SALARIES FOR CITY COUNCIL

MEMBERS
WHEREAS, the City of Buena Park (“City”) is a California charter city vested with the police powers to enact and enforce local ordinances necessary to protect and advance the general health, safety, and welfare of the community;
WHEREAS, Government Code Section 36516 states that a city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city, with such salary being $1,900 per month for city council members of cities with a population between 75,000 and 150,000 residents; WHEREAS, Section 2.04.030 of the Buena Park Municipal Code establishes the salaries for members of the Buena Park City Council (“City Council”), and said section was last amended prior to the effective date of Senate Bill 329 with the City Council’s adoption of Ordinance No. 1722 on June 6, 2023;
WHEREAS, the time, commitment and expense of serving on the City Council has increased significantly since the City Council’s salary was last adjusted, and increasing the monthly compensation for individuals serving on the City Council as permitted by the Government Code is necessary and appropriate to keep pace with inflation and enable individuals with varied income levels to receive a salary in an amount that compensates their public service and aids their ability to serve the community while and simultaneously supporting their families; and WHEREAS, consistent with the dictates of Government Code Section 36516.5, the effective date of the adjustment to the salaries of the City Council made by this ordinance shall be delayed until one such council member commences a new term of office.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK DOES ORDAIN AS FOLLOWS:

Section 1: The facts and findings set forth in the above recitals are true and correct, and incorporated as a substantive part of this ordinance.

Section 2: Section 2.04.030 of the Buena Park Municipal Code is hereby amended in its entirety to read as follows:
"Each member of the City Council shall receive, as salary, the sum of one thousand nine hundred ($1,900) dollars per month, which shall be payable from and after the operative date of Ordinance No. ____. Such salary shall be payable in the same manner as salaries are paid to other officers and employees of the City. Salaries for City Council Members shall be prorated on the basis of a thirty-day month in the event any City Council Member leaves or assumes office."
ORDINANCE NO. _______

Section 3: The effective date of this ordinance shall be the date which one or more members of the City Council begin a new term of office after July 5, 2025, which is anticipated to be December 8, 2026.

PASSED AND ADOPTED this 24th day of June 2025, by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS
______________________________________
Mayor
ATTEST:
_______________________________
City Clerk
I, Adria M. Jimenez, City Clerk of the City of Buena Park, California, do hereby certify that the foregoing ordinance was passed at a regular meeting of the City Council of the City of Buena Park held on the 24th day of June 2025.
______________________________________
City Clerk
June 24, 2025

PUBLIC HEARING
Item No. 6A.

City Council Agenda Report
RESOLUTION ADOPTING THE CITY OF BUENA PARK FISCAL YEARS 2025-26 AND 2026-27 ANNUAL

BUDGETS

PREPARED BY PRESENTED BY
Sung Hyun, Director of Finance Sung Hyun, Director of Finance

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Sung Hyun. Director of Finance Aaron France, City Manager

RECOMMENDED ACTION
1) Adopt a resolution adopting the City of Buena Park budget for Fiscal Years 2025-26 and 2026-27.

PREVIOUS CITY COUNCIL ACTION
On May 27, 2025, the City Council reviewed and studied the Fiscal Years 2025-26 and 2026-27 Preliminary Budgets and directed staff to bring back the item for formal approval.

DISCUSSION
The 2025-26 and 2026-27 annual budgets for the City of Buena Park maintains the services that are most important to our residents.  These budgets represent the operating and capital spending plans for the following fund types: General Fund, Special Revenue Funds, Capital Projects Funds, Enterprise Fund and Internal Service Funds. Staff has once again prepared a budget that encompasses two fiscal years. The two-year budget process provides a basis for longer term planning and accountability. In addition, it saves staff resources during the second year of the budget process since the only items addressed will be by exception for those items that are new, changed, or unanticipated.

For the first time, the two-year budget also incorporates enhanced general municipal services funded by Measure R, a local sales tax approved by voters to address the following service priorities identified by our residents:

Preventing crime, including property crimes, such as burglary, robbery and car theft Ensuring that children have safe places to play and safe routes to school Maintaining 911 emergency response and retaining/attracting well-trained police officers Keeping public areas safe and clean
Keeping Buena Park affordable for middle class and working people Helping maintain the City’s quality of life for local residents Addressing homelessness
The Preliminary Budget has been prepared in accordance with local ordinances, state statutes, and professional standards promulgated by the Governmental Accounting Standards Board.  Staff will continue to make the City’s priorities and spending plans available to the public by making this publication available for the public’s review.

The City Council reviewed and discussed the budgets at the May 27, 2025 budget workshop.  The policy issues that were considered and approved by the City Council during the workshop have been incorporated into the two-year budget.  Additionally, the provisions of the approved labor agreement with the Buena Park Technical, Office & Professionals Association (TOPs), as well as the pending labor agreements for the other groups, that are anticipated to be approved, have also been incorporated.

The total appropriations for all budgeted funds for Fiscal Year 2025-26 are $170,399,060.  The operating appropriations on an all funds basis are $152,054,060, and the appropriations for the Capital Improvement Program are $18,345,000.  The General Fund, which is the general operating fund of the City and provides the majority of City services, comprises 60.8% of the total appropriations on an all funds basis.  Exhibit A of the resolution provides a summary of estimated revenues, appropriations, and the projected surplus or deficit for each budgeted fund for Fiscal Year 2025-26.

The total appropriations for all budgeted funds for Fiscal Year 2026-27 are $172,161,690. The operating appropriations on an all funds basis are $157,091,690, and the appropriations for the Capital Improvement Program are $15,070,000.  The General Fund comprises 62.8% of the total appropriations on an all funds basis.  Exhibit A of the resolution provides a summary of estimated revenues, appropriations, and the projected surplus or deficit for each budgeted fund for Fiscal Year 2026-27.

While a balanced budget is being proposed utilizing surplus balances from prior years, staff intends to closely monitor the budget performance throughout both fiscal years and make any necessary recommendations to the City Council to ensure that each fiscal year closes in a non-deficit position, as we have successfully accomplished in Fiscal Year 2023-24 and expect to accomplish in Fiscal Year 2024-25.

PUBLIC NOTIFICATION
The Fiscal Years 2025-26 and 2026-27 budget workshop was held on May 27, 2025. The meeting was properly noticed, allowing the public to attend and comment on the proposed budget. The changes approved by the City Council at the workshop have been incorporated into the total estimated revenues and appropriations.  On June 5, 2025, a public hearing notice was posted at City Hall, the Buena Park Library District, and the Ehlers Event Center to inform the public of the agenda item concerning approval of the City’s Fiscal Year 2025-26 and 2026-27 budgets.

BUDGET IMPACT
Adoption of the resolution will establish the City of Buena Park’s annual budget for Fiscal Years 2025-26 and 2026-

27. Attachments
Budget 2025-27 Att1of3 reso.pdf
Budget 2025-27 Att2of3 exhibit A.pdf
Budget 2025-27 Att3of3 exhibit A.pdf
RESOLUTION NO.________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF BUENA PARK ADOPTING BUDGETS FOR FISCAL
YEARS 2025-26 AND 2026-27
WHEREAS, the Preliminary Budget for fiscal years 2025-26 and 2026-27 has been prepared in compliance with the Buena Park Municipal Code; and
WHEREAS, the City Council has held a study session and a public hearing on the Preliminary Budget; and
WHEREAS, the City Council has extensively reviewed and amended the Preliminary Budget to reflect appropriate levels of service.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK, DOES RESOLVE AS FOLLOWS:

SECTION 1: The annual budgets of the City of Buena Park for fiscal years 2025-26 and 2026- 27 are hereby approved as outlined by fund and type in Exhibit A and detailed in the 2025-26 and 2026- 27 Preliminary Budget document as amended during the budget review process.

SECTION 2: That the City Manager of the City has the authority to transfer funds from line item to line item within a departmental budget. That the authority to make these transfers does not supersede any legal or other requirements such as the City’s Purchasing Ordinance.

PASSED, APPROVED AND ADOPTED this 24
th day of June 2025 by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
I, ____________, City Clerk of the City of Buena Park, California, hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park held this 24
th day of June 2025.
__________________________________
City Clerk
Exhibit A
Resources
Beginning
Balance Estimated Transfers Total
FUND TYPE/DESCRIPTION July 2025 Revenue In Resources
General and Special Revenue Funds:

General Fund 37,800,000 $ 96,448,050 $ 397,670 $ 134,645,720 $ Economic Development Fund 8,840,000 2,820,000 - 11,660,000 Measure R Fund - 20,200,000 - 20,200,000
Opioid Settlement Fund 577,000 - - 577,000
Asset Forfeiture Fund 489,000 154,000 - 643,000
Proposition 172 PD Augmentation Fund 318,000 543,000 - 861,000 Supplemental Law Enforcement Fund - 230,500 213,080 443,580 Gas Tax Fund 3,557,000 4,695,600 - 8,252,600
Measure M2 Fund 2,123,000 15,000 - 2,138,000
HOME Deferred Loan Fund 1,080,000 11,130 - 1,091,130
Community Development Block Grant Fund - 968,210 - 968,210 State OCATT Fund - 311,370 - 311,370
CalHome Program Fund 1,335,000 - - 1,335,000
Park In-Lieu Fund (2,409,000) 3,391,390 - 982,390
Traffic Congestion Relief Fund 40,000 5,500 - 45,500
AB2766/AQMD Fund 274,000 105,000 - 379,000
Successor Agency to RDA - 5,675,600 - 5,675,600
Low/Mod Housing Successor Fund 1,350,000 - - 1,350,000
General and Special Revenue Funds Total: 135,574,350 55,374,000 610,750 191,559,100 Enterprise Fund:

Water Enterprise Fund 6,073,000 18,093,930 - 24,166,930 Wastewater Enterprise Fund 400,000 2,612,980 - 3,012,980 Enterprise Funds Total: 20,706,910 6,473,000 - 27,179,910 Internal Service Funds:

Workers' Compensation Fund 4,113,000 2,156,000 - 6,269,000 Liability Insurance Fund 1,893,000 3,000 1,709,000 3,605,000 Accrued Leave Fund 185,000 505,000 - 690,000
Equipment Maintenance & Replacement Fund 8,170,000 3,416,710 - 11,586,710 Information Technology Fund 1,671,000 1,307,910 - 2,978,910 Facilities Maintenance Fund 454,000 3,116,870 - 3,570,870 Internal Service Funds Total: 16,486,000 10,505,490 1,709,000 28,700,490 Grand Totals $ 166,786,750 78,333,000 $ 2,319,750 $ 247,439,500 $

CITY OF BUENA PARK
Summary of Resources and Requirements
Fiscal Year 2025-26
Exhibit A

Ending
Salaries Maintenance Capital Capital Transfers Total Surplus Balance & Benefits & Operations Equipment Projects Out Requirements (Deficit) June 2026 $ 43,066,880 56,829,670 $ 1,052,320 $ 1,050,000 $ 1,547,280 $ 103,546,150 $ (6,700,430) $ 31,099,570 $ 1,063,880 29,650 - - 68,000 1,161,530 1,658,470 10,498,470 606,630 3,921,350 849,400 8,075,000 - 13,452,380 6,747,620 6,747,620 70,000 - - - - 70,000 (70,000) 507,000
63,000 25,000 - - - 88,000 66,000 555,000
123,740 557,950 - - - 681,690 (138,690) 179,310
- 443,580 - - - 443,580 - -
254,410 729,310 11,000 4,385,000 22,500 5,402,220 (706,620) 2,850,380 - - - 2,000,000 - 2,000,000 (1,985,000) 138,000
652,270 57,060 - - - 709,330 (698,200) 381,800
413,480 554,730 - - - 968,210 - -
- 311,370 - - - 311,370 - -
- - - - - - - 1,335,000
- - - - - - 3,391,390 982,390
- - - - - - 5,500 45,500
11,000 8,120 - - - 19,120 85,880 359,880
5,573,700 101,900 - - - 5,675,600 - -
52,070 332,270 - - 250,000 634,340 (634,340) 715,660
51,951,060 63,901,960 1,912,720 15,510,000 1,887,780 135,163,520 1,021,580 56,395,580 14,313,960 4,213,800 249,000 1,635,000 220,270 20,632,030 (2,538,100) 3,534,900 628,120 529,650 63,600 1,200,000 - 2,421,370 191,610 591,610 14,942,080 4,743,450 312,600 2,835,000 220,270 23,053,400 (2,346,490) 4,126,510 1,330,670 - - - 189,200 1,519,870 636,130 4,749,130
2,456,810 - - - - 2,456,810 (744,810) 1,148,190
- 507,250 - - - 507,250 (2,250) 182,750
1,544,200 686,640 1,066,900 - - 3,297,740 118,970 8,288,970 571,110 374,320 347,580 - - 1,293,010 14,900 1,685,900
2,522,260 551,700 11,000 - 22,500 3,107,460 9,410 463,410 2,119,910 8,425,050 1,425,480 - 211,700 12,182,140 32,350 16,518,350 $ 75,318,190 70,765,320 $ 3,650,800 $ 18,345,000 $ 2,319,750 $ 170,399,060 $ (1,292,560) $ 77,040,440 $ Requirements
Exhibit A
Beginning Resources
Estimated
Balance Estimated Transfers Total
FUND TYPE/DESCRIPTION July 2026 Revenue In Resources
General and Special Revenue Funds:

General Fund 31,099,570 $ 99,862,100 $ 397,670 $ 131,359,340 $ Economic Development Fund 10,498,470 2,920,000 - 13,418,470 Measure R Fund 6,747,620 20,200,000 26,947,620
Opioid Settlement Fund 507,000 - - 507,000
Asset Forfeiture Fund 555,000 154,000 - 709,000
Proposition 172 PD Augmentation Fund 179,310 553,800 - 733,110 Supplemental Law Enforcement Fund - 230,500 260,400 490,900 Gas Tax Fund 2,850,380 4,695,600 - 7,545,980
Measure M2 Fund 138,000 15,000 - 153,000
HOME Deferred Loan Fund 381,800 11,130 - 392,930
Community Development Block Grant Fund - 1,042,880 - 1,042,880 State OCATT Fund - 328,230 - 328,230
CalHome Program Fund 1,335,000 - - 1,335,000
Park In-Lieu Fund 982,390 3,368,140 - 4,350,530
Traffic Congestion Relief Fund 45,500 5,500 - 51,000
AB2766/AQMD Fund 359,880 105,000 - 464,880
Successor Agency to RDA - 5,772,090 - 5,772,090
Low/Mod Housing Successor Fund 715,660 - - 715,660
General and Special Revenue Funds Total: 139,263,970 56,395,580 658,070 196,317,620 Enterprise Funds:

Water Enterprise Fund 3,534,900 18,093,930 - 21,628,830 Wastewater Enterprise Fund 591,610 2,691,280 - 3,282,890 Enterprise Funds Total: 20,785,210 4,126,510 - 24,911,720 Internal Service Funds:

Workers' Compensation Fund 4,749,130 2,223,900 - 6,973,030 Liability Insurance Fund 1,148,190 3,000 1,709,000 2,860,190 Accrued Leave Fund 182,750 505,000 - 687,750
Equipment Maintenance & Replacement Fund 8,288,970 3,436,230 - 11,725,200 Information Technology Fund 1,685,900 1,200,390 - 2,886,290 Facilities Maintenance Fund 463,410 3,060,860 - 3,524,270 Internal Service Funds Total: 16,518,350 10,429,380 1,709,000 28,656,730 Grand Totals $ 170,478,560 77,040,440 $ 2,367,070 $ 249,886,070 $

CITY OF BUENA PARK
Summary of Resources and Requirements
Fiscal Year 2026-27
Exhibit A

Ending
Estimated
Salaries Maintenance Capital Capital Transfers Total Surplus Balance & Benefits & Operations Equipment Projects Out Requirements (Deficit) June 2027 $ 44,563,350 60,396,260 $ 818,840 $ 700,000 $ 1,594,600 $ 108,073,050 $ (7,813,280) $ 23,286,290 $ 1,032,030 29,650 - - 68,000 1,129,680 1,790,320 12,288,790 766,180 4,120,880 146,500 4,500,000 - 9,533,560 10,666,440 17,414,060 70,000 - - - - 70,000 (70,000) 437,000
63,000 25,000 - - - 88,000 66,000 621,000
123,750 602,930 - - - 726,680 (172,880) 6,430
- 490,900 - - - 490,900 - -
261,010 770,990 - 4,085,000 22,500 5,139,500 (443,900) 2,406,480 - - - 2,000,000 - 2,000,000 (1,985,000) (1,847,000)
2,270 34,120 - - - 36,390 (25,260) 356,540
439,430 603,450 - - - 1,042,880 - -
- 328,230 - - - 328,230 - -
630,000 29,630 - - - 659,630 (659,630) 675,370
- - - - - - 3,368,140 4,350,530
- - - - - - 5,500 51,000
11,000 8,120 - - - 19,120 85,880 445,760
5,664,790 107,300 - - - 5,772,090 - -
52,540 349,720 - - 250,000 652,260 (652,260) 63,400
53,679,350 67,897,180 965,340 11,285,000 1,935,100 135,761,970 4,160,070 60,555,650 14,407,100 4,448,180 50,500 1,785,000 220,270 20,911,050 (2,817,120) 717,780 685,020 552,320 10,250 2,000,000 - 3,247,590 (556,310) 35,300 15,092,120 5,000,500 60,750 3,785,000 220,270 24,158,640 (3,373,430) 753,080 1,387,060 - - - 189,200 1,576,260 647,640 5,396,770
2,811,690 - - - - 2,811,690 (1,099,690) 48,500
- 507,250 - - - 507,250 (2,250) 180,500
1,549,440 729,080 835,000 - - 3,113,520 322,710 8,611,680 624,730 412,720 148,080 - - 1,185,530 14,860 1,700,760
2,442,610 579,920 1,800 - 22,500 3,046,830 14,030 477,440 2,228,970 8,815,530 984,880 - 211,700 12,241,080 (102,700) 16,415,650 $ 77,587,000 75,126,650 $ 2,010,970 $ 15,070,000 $ 2,367,070 $ 172,161,690 $ 683,940 $ 77,724,380 $ Requirements
June 24, 2025

PUBLIC HEARING
Item No. 6B.

City Council Agenda Report
ORDINANCE AND RESOLUTIONS ADOPTING TEXT AMENDMENT C-25-1, GENERAL PLAN AMENDMENT GP-25-2, AND ENVIRONMENTAL IMPACT REPORT NO. EIR-25-1 TO IMPLEMENT THE 2021-2029 HOUSING ELEMENT

PREPARED BY PRESENTED BY
Matt Foulkes, Director of Community and Economic
Development
Matt Foulkes, Director of Community and Economic
Development

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Matt Foulkes, Director of Community & Economic
Development Aaron France, City Manager

RECOMMENDED ACTION
1) Adopt (by 4/5 vote) or introduce and waive full reading (by 3/5 vote) of an Ordinance amending Division 1 (Administration), Division 3 (Single-Family), Division 4 (Multi-Family), Division 7 (Mixed-Use), and the Objective Design and Development Standards (C-25-1); 2) Adopt a Resolution amending the Land Use and Community Design Element (GP-25-2); and, 3) Adopt a Resolution certifying Environmental Impact Report (EIR-25-1) as well a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program (MMRP).

PREVIOUS CITY COUNCIL ACTION
The 6
th Cycle Housing Element was approved by the City Council on January 25, 2022, and the General Plan Amendment (GP-24-1), Zone Change (Z-24-2), Specific Plan Amendment (SPC-24-1), Text Amendment (C-24-1) and Negative Declaration (MND-24-1) were approved by the City Council on February 13, 2024.

DISCUSSION
The City's General Plan establishes the fundamental policy framework to guide decisions related to land use and development, public services and facilities, public safety, resource management, recreation, culture, and the overall health and quality of life in the community. The General Plan presents a vision for the City's future, and embodies goals, policies, and strategies to turn that vision into a reality. The General Plan consists of ten interrelated elements:

Land Use and Community Design
Mobility
Community Facilities
Conservation and Sustainability
Open Space and Recreation
Safety
Noise
Economic Development
Housing
Environmental Justice
The last comprehensive update to the General Plan was completed in 2010, but the Housing, Mobility, Land Use and Community Design and Environmental Justice Elements have been updated individually over the last 15 years.

While all General Plan Elements complement each other, the Housing Element and the Land Use and Community Design Element are the most interconnected in terms of goals and policies as it relates to development in the City.

For example, policies regarding location, type, and density of residential development contained in the Land Use and Community Design Element directly relate to the Housing Element and are used as the basis for evaluating potential policy adjustments to allow increased residential capacity consistent with established General Plan goals.

The Housing Element is unique compared to the other General Plan Elements because the State Department of Housing and Community Development (HCD) requires all cities to update their Housing Element every eight years.

These updates are commonly referred to as “Housing Element Cycles” and the City Council approved the City’s 6 th
Cycle Housing Element in 2022. Once it was approved by the City Council, the Housing Element was sent to HCD for review, and was certified by in February 2024. Within the certified Housing Element there are 18 Programs, which are required to be implemented in order for the Housing Element to retain its certification. The City is required to annually report on its progress towards implementing these Programs through the Housing Element Annual Report to HCD. Implementation of 10 of the 18 Housing Element Programs are incorporated into the proposed General Plan, Zoning Code, and Objective Design and Development Standards updates. The implementation effort was divided into two phases in order to meet the deadlines established by HCD for Housing Element certification. The first phase, which was completed and approved by the City Council in February 2024 included the following:

Amend the General Plan Land Use Map and Zoning Map for those properties identified in the Sites Inventory of the Housing Element;
Create five (5) new Housing Incentive Overlay (HIO) zones and Objective Design and Development standards; and
Update the existing Housing Opportunities Overlay (HOO) zone to increase the permitted density.

The second phase is to update the Zoning Code (Title 19 of the Municipal Code) related to Administration (Division 1), Single-Family (Division 3), Multi-Family (Division 4) and Mixed-Use Zones (Division 7); update the Objective Design and Development Standards (ODDS); and, update the Land Use and Community Design Element of the General Plan to reflect the updates to the Zoning Code.

The Community and Economic Development Department contracted with CASC Engineering and Consulting, Inc. to assist the City with both Phase 1 and 2 as well as with completion of the required environmental analysis (CEQA) for the Zoning Code and General Plan amendments. The proposed amendments to the General Plan and Zoning Code will facilitate the development of 10,322 dwelling units and up to 438,333 square feet of new commercial space Citywide. It is important to note that the proposed amendments to the General Plan and Zoning Code are for planning purposes only and no specific construction project is included as part of the action to adopt the amendments to the General Plan and Zoning Code.

Municipal Code Text Amendments (C-25-1)
The proposed amendments to Title 19 (Zoning Code) include amendments to Division 1 (Administration), Division 3 (Single-Family), Division 4 (Multi-Family) and Division 7 (Mixed-Use). As a result of the extent of the amendments made to each of these Divisions, the attached Ordinance will repeal and replace each of these Divisions in their entirety rather than showing the deletions in strike-through. All new text is shown in double-underline on the attached Ordinance. The overarching purpose of the Zoning Code amendments are to streamline and simplify construction in all zones which allow residential uses and to ensure that the Zoning Code is consistent with State legislation surrounding residential development. While the majority of the amendments are aimed at residential development, the proposed amendments also simplified the process for certain commercial and industrial developments to make minor additions and alterations without having to go through a public hearing process.

Pursuant to Buena Park Municipal Code Chapter 19.124.010, the City Council must find that the proposed Title 19 (Zoning) Code amendments are consistent with the General Plan and that the proposed amendments will not negatively impact housing needs of the region or the public service needs of City residents. The proposed amendments are consistent with the goals, policies, purposes, objectives, and programs of the City’s General Plan, specifically the Housing and the Land Use and Community Design Elements. The result of the amendments will increase and not diminish opportunities for housing development within the City while also balancing the public service needs of the City residents and the fiscal and environmental resources available. New development will be required to comply with current Building and Zoning Code standards and must demonstrate that it can provide all needed utilities and services. Additionally, new development will be required to pay all fees, including applicable development impact fees to offset the cumulative impacts to the City's infrastructure network. The proposed text amendments will facilitate the future development of up to 10,322 dwelling units along with up to 438,333 square feet of new commercial space.

Amendments to the Objective Design and Development Standards (ODDS) The City Council first approved the Objective Design and Development Standards (ODDS) in February 2024. The primary purpose of the ODDS is to supplement the Zoning Code and General Plan for development projects located with the Housing Incentive Overlay (HIO) zones, which must be reviewed ministerially. The objective standards contained in the ODDS are clear, measurable, and uniformly applicable criteria used to evaluate development projects. Unlike subjective guidelines that may rely on personal judgment, objective standards are based on quantifiable benchmarks, ensuring consistency and predictability in the review process by City staff, property owners and the development community. For example, specifying a "minimum front yard building setback of 20 feet" is an objective standard, whereas a development standard that a "front yard building setback should match the character of the surrounding neighborhood" is subjective and open to interpretation. Further underscoring the value and need of objective standards, State legislation including Senate Bills SB 35, SB 330 and others mandate that cities review qualifying residential projects based exclusively on objective standards, facilitating a ministerial (non-discretionary) review process. The City's adoption and implementation of objective standards, both in the ODDS and Zoning Code allows for the streamlining of the review process for housing and mixed-use developments while maintaining a degree of control over the aesthetic and functional aspects of new developments, additions and alterations. While the City Council first adopted the ODDS in February 2024, as a result of the proposed amendments to Title 19 (Zoning Code) and recent project proposals that have been submitted, a need was identified to make several amendments and/or clarifications to ensure that these standards continue to achieve their intended results.

General Plan Amendment (GP-25-2) - Land Use and Community Design Element In addition to the amendments to Title 19 (Zoning Code) and ODDS, there are also proposed amendments to the Land Use and Community Design Element of the General Plan. The Land Use and Community Design Element directs development patterns by identifying and describing the location and distribution of existing and future land uses throughout the City and articulates the City goals and policies to address community character and identity, as well as future growth and change. The majority of the proposed amendments to the General Plan are to update tables, maps, policies and goals to align with the changes made in Phase 1 of this effort and updates to the Zoning Code. Attachment 2 provides a comprehensive description of all proposed amendments to the Land Use and Community Design Element.

Environmental Impact Report (EIR-25-1)
Although no specific development project is proposed as part of the amendments to the Zoning Code and General Plan, for purposes of evaluating the potential environmental impacts under CEQA, it must be assumed that all 10,322 residential units and 438,333 square feet of new commercial square footage will be constructed and as a result, it was determined that an Environmental Impact Report (EIR) was the most appropriate CEQA document to prepare for this project. An Initial Study was completed in early November 2024 and a Scoping Meeting was held on November 13, 2024, as part of a regularly scheduled Planning Commission meeting. Following the input received during the Scoping Meeting, a draft of the EIR was made available for public review from February 14, 2025, to March 31, 2025. Upon the completion of the public review period, City staff and the consultant team prepared responses to the comments received on the draft  EIR. Comment were received from several external agencies including Caltrans, OC Sanitation and the Orange County Transportation Authority.  The final EIR  was reviewed and recommended for approval by the Planning Commission on May 28, 2025, and is now ready for final determination by the City Council. The EIR concluded that, based on the scope of the project, there are certain environmental impacts that could not be mitigated to a less than significant level. The specific areas where there are environmental impacts that cannot be mitigated to a less than significant level are Air Quality and Greenhouse Gas Emissions. Specifically, the project would result in unavoidable impacts in the following areas:

Construction-Related Emissions. Construction-related emissions are speculative and cannot be accurately determined at this stage of the planning process. Therefore, specific impacts are too speculative to evaluate and it cannot be definitively stated that all future development projects would not exceed the applicable thresholds. As such, the Project would result in a significant and unavoidable impact for emissions of CO, VOCs, NOx, SOX, PM10, and PM2.5 during construction with respect to future development projects even with implementation of mitigation measures included in the Mitigation Monitoring and Reporting Program (MMRP).

Operational-Related Emissions. During the operational phase, potential development within the Project area would result in a net increase in regional criteria pollutants from the operation of both stationary and mobile sources. CEQA review of individual development projects would include an evaluation to determine whether potential air pollutant emissions generated from growth could result in a significant impact to air quality. The significance level of these impacts would be determined during review and appropriate mitigation measures would be developed. However, due to the magnitude of development and associated mobile and stationary source air quality impacts, impacts in this regard would be significant and unavoidable.

AQMP Consistency. As the program level analysis of emissions associated with the potential development in the Project area would exceed SCAQMD thresholds, the Project would potentially result in a long-term impact on the region’s ability to meet State and Federal air quality Standards. The Project would conflict with the AQMP as it would not meet the first AQMP consistency criterion.

Cumulative Construction, Operational Impacts and Impacts to Sensitive Receptors. Construction of future potential development projects in the Project area may be “cumulatively considerable”. Emissions from operations of the proposed Project would potentially exceed the SCAQMD thresholds for criteria pollutants, resulting in a significant impact. In accordance with SCAQMD methodology, any project that cannot be mitigated to a level of less than significant is also significant on a cumulative basis.

All other environmental impacts associated with implementation of the proposed Project would be less than significant with compliance with the goals, policies, and implementation measures in the General Plan and the Mitigation Monitoring and Reporting Program. As required by CEQA Section 21081(b) and State CEQA Guidelines Section 15093, there is a process to certify an EIR even when the City finds that a project will have unavoidable environmental effects. This process is called a Statement of Overriding Considerations. Essentially, the conclusion by the City is that the unavoidable environmental impacts from the project are outweighed by overriding economic, legal, social, technological, or other benefits offered by the Project. Specifically, the Project will provide the following benefits:

1. The Project facilitates preservation and development of affordable housing. Several of the Housing Element Implementation Programs relate directly to the promotion of affordable housing. Programs 8 and 10-18 all promote affordable housing and ensure that the City meets its  RHNA goals. Implementation of these programs will increase the maximum density bonus for Affordable Housing, update regulations related to ADUs, provide for by-right approvals for projects meeting the affordability requirements, provide for replacement housing, emergency shelters and special needs housing.

2. The Project will comply with State Housing Element Law and meet the City’s RHNA target. Housing Element Law mandates that local governments adequately plan to meet the existing and projected housing needs of all economic segments of the community. The law recognizes that for the private market to adequately address housing needs and demand, local governments must adopt land use plans and regulatory systems that provide opportunities for (and do not unduly constrain) housing production. Housing element statutes also require the HCD to review local housing elements for compliance with state law and to report their findings to the local government. The City was assigned a RHNA of 8,919 for the 2021–2029 planning period, distributed among very low, low-, moderate- and above moderate-income categories. The RHNA represents the minimum number of housing units each community is required to provide “adequate sites” for through zoning and is one of the primary threshold criteria necessary to achieve approval of the element by HCD. HCD certified the City’s Housing Element in February 2024, and the City is obligated under State law to implement the Housing Element Implementation Programs.

3. Through Implementation Programs 14 and 18, the City will encourage fair and equal housing opportunities by updating the development regulations for emergency shelters and transitional/support housing, low barrier navigation centers, and employee housing as well as establish requirements for Low Barrier Navigation Centers.

4. The Project implements streamlining the entitlement process for affordable housing. Implementation Programs 12, 16 and 17 are an integral component of the City’s overall goal to remove barriers to affordable housing via streamlining the development process. This Project creates Objective Design and Development Standards to make affordable housing and mixed-use development easier and updates the City’s review process to ensure compliance with state laws.

Based on the above-referenced benefits, specifically the need to implement the Housing Element as certified by HCD, the Statement of Overriding Considerations is a necessary and appropriate process to certify the EIR.

PUBLIC NOTIFICATION
A public hearing notice for these actions was provided in accordance with the Buena Park Municipal Code and state law. A newspaper notice was posted at the required locations on June 12, 2025 and published in the Buena Park Independent on June 13, 2025.

BUDGET IMPACT
There is no budget impact associated with this action.

Attachments
Attachment 1 - Ordinance w_Exhibits.pdf
Attachment 2 - Resolution GP-25-2 w_Exhibit.pdf
Attachment 3 - Resolution EIR-25-1 w_Exhibit.pdf
Attachment 4 - Summary of Changes Divisions 1, 3 and 4.pdf ORDINANCE NO.

TEXT AMENDMENT NO. C-25-1

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BUENA

PARK, CALIFORNIA, APPROVING AN ORDINANCE AMENDING
TITLE 19 OF THE BUENA PARK MUNICIPAL CODE, SPECIFICALLY DIVISIONS 1 (ADMINISTRATION), 3 (SINGLE-FAMILY), 4 (MULTIFAMILY) AND 7 (MIXED-USE) AS WELL AS AMENDMENTS TO THE

OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS
A. Recitals.
(i) The City Council adopted the Buena Park General Plan as required by law on December 7, 2010, through the adoption of Resolution No. 12497; and (ii) The General Plan establishes the fundamental policy framework to guide decisions related to land use and development, public services and facilities, public safety, resource management, recreation, culture, and the overall health and quality of life in the community; and
(iii) The State Department of Housing and Community Development (HCD) requires cities to update their Housing Element every eight years; and (iv) The City of Buena Park’s 6th Cycle Housing Element Update was approved by the City Council on January 25, 2022 and Certified by HCD on February 29, 2024; and (v) To maintain HCD certification of the Housing Element, and as part of the implementation process for ten of the eighteen Housing Element Programs, the City Council initiated General Plan and Zoning Code updates that were scheduled to occur in two phases; and
(vi) The City Council approved a General Plan Amendment and Zoning Code Amendment to create five new Housing Incentive Overlay Zones (HIO) and Objective Design and Development Standards on February 13, 2024; and
(vii) The second phase of implementation of the Housing Element is to adopt amendments to the residential and mixed-use zoning classifications to establish permitted uses and development standards consistent with the newly created overlay zones; and (viii) While the proposed amendments to the Zoning Code and General Plan will facilitate the development of up to 10,322 dwelling units and up to 438,333 square feet of new commercial space citywide, the proposed amendments are for planning purposes only and no specific construction project is proposed as part of the action to adopt the amendments to the General Plan and Zoning Code; and
(ix) The Planning Commission reviewed and considered all elements of said Text Amendment No. C-25-1 together with the associated General Plan Amendment (GP-25-2) and Environmental Impact Report (EIR-25-1) and the information contained therein and all legal Ordinance No.

Text Amendment No. C-25-1
June 24, 2025
prerequisites to the adoption of the Planning Commission Resolution occurred. (x) The Planning Commission conducted a public hearing on May 28, 2025, to consider Text Amendment No. C-25-1 to amend various Divisions within Title 19 of the Municipal Code and updates to the objective Design and Development Standards regulating the Housing Incentive Overlay zones and approved a Resolution (5-0) recommending that the City Council adopt an Ordinance amending the aforementioned Divisions of the Municipal Code; and (xi) The City Council has considered and approved EIR-25-1 for the Project under separate Resolution on June 24, 2025, prior to making its determination on proposed Text Amendment C-25-1, and General Plan Amendment GP-25-2; and (xii) On June 24, 2025 the City Council of the City of Buena Park has conducted a duly noticed public hearing as required by law to consider the proposed Text Amendment C-25-1 and General Plan Amendment GP-25-2. Said public hearing was concluded prior to the adoption of this Ordinance and the City Council’s approval of General Plan Amendment GP-25-2; and (xiii) All legal prerequisites to the adoption of this Ordinance have occurred.

B. Ordinance.

NOW, THEREFORE, the City Council of the City of Buena Park does ordain as follows:

Section 1. The City Council hereby specifically finds that all facts set forth in the Recitals, Part A, of this Ordinance are true and correct.

Section 2. The proposed Text Amendment C-25-1 and the amendments to the Objective Design and Development Standards are consistent with the goals, policies, purposes, objectives, and programs of the City’s General Plan. The proposed Text Amendment C-25-1 will increase and will not diminish the opportunities for housing development within the City while also balancing the public service needs of the City residents and the fiscal and environmental resources available. New development will be required to comply with current Building and Zoning Code standards and must demonstrate that it can provide all needed utilities and services. Additionally, new development will be required to pay all fees, including applicable development impact fees to offset any potential cumulative impacts to the City's infrastructure network.

Section 3. The proposed Text Amendment is recommended for adoption concurrently with General Plan Amendment No. GP-25-2 and EIR-25-1 and will create new housing opportunities by facilitating the development of up to 10,322 residential units and up to 438,333 square feet of new commercial development. This will increase the City’s housing supply in a manner compatible with the existing and anticipated development in the area.

Section 4. The City Council finds that facts supporting the above-specified findings are contained in the staff report and exhibits, and information provided to the City Council during the public hearing conducted on June 24, 2025 with respect to the Project.

Section 5. The City Council has reviewed and considered all components of the requested Text Amendment No. C-25-1 including compliance with the California Environmental Quality Act (CEQA) through the preparation of an Environmental Impact Report (EIR-25-1), adopted by Ordinance No.

Text Amendment No. C-25-1
June 24, 2025
separate resolution, and have determined that the EIR, the accompanying Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations are the appropriate environmental analysis for the project.

Section 6. The City Council hereby approves Text Amendment C-25-1, repealing and replacing Divisions 1, 3, 4 and 7 (Exhibit A) and amendments to the Objective Design and Development Standards (ODDS) (Exhibit B).

Section 7. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 8. The Director of Community and Economic Development shall cause a Notice of Determination to be filed regarding Text Amendment No. C-25-1 in accordance with the law.

Section 9. The City Clerk shall certify to the passage of this Ordinance and this Ordinance shall take effect thirty (30) calendar days after adoption.

PASSED AND ADOPTED this 24th day of June 2025, by the following called vote:

AYES: 0 COUNCILMEMBERS:

NOES: 0 COUNCILMEMBERS:

ABSENT: 0 COUNCILMEMBERS:

ABSTAINED: 0 COUNCILMEMBERS:

Mayor
ATTEST:
________________________________
City Clerk
I, Adria M. Jimenez, City Clerk of the City of Buena Park, California, do hereby certify that the foregoing ordinance was introduced and passed at a regular meeting of the City Council of the City of Buena Park held on the th day of .
_____________________________
City Clerk

EXHIBIT A
Text Amendment C-25-1
New Text Shown in Underline
Division 1 - Administration
Chapter 19.104 Introduction and Definitions
Chapter 19.108 Procedures—General
Chapter 19.112 Hearings
Chapter 19.116 Decisions
Chapter 19.120 Appeals
Chapter 19.124 Legislative Procedures
Chapter 19.128 Administrative Procedures
Chapter 19.132 Quasi-Judicial Procedures
Chapter 19.136 Applicability of Regulations
Chapter 19.140 Relationship of Zoning Regulations to Other Laws and Regulations Chapter 19.144 Assignment of Authority, Powers, and Duties Chapter 19.148 Violations and Penalties
Chapter 19.104 Introduction and Definitions
§ 19.104.010 Title.
§ 19.104.020 Authority.
§ 19.104.030 Purpose.
§ 19.104.040 Establishment of Zones.
§ 19.104.050 Establishment of Overlay Zones.
§ 19.104.060 Zoning Map.
§ 19.104.070 Interpretation of Zoning Map.
§ 19.104.080 Definitions.
§ 19.104.010. Title.

This Title 19 may be cited as the Buena Park Zoning Ordinance. § 19.104.020. Authority.

This Title 19 is enacted pursuant to the California Planning and Zoning Law: Title 7, Division 1, Chapter 4 (Sections 65800 through 65912) of the California Government Code. § 19.104.030. Purpose.

The purpose of this Title 19 is to implement the General Plan of the City of Buena Park and to ensure that the growth and development of the City is attractive, efficient and humane; and that the health, safety, prosperity, enjoyment, and general welfare of those who reside, work, or visit in the City is served to the optimum degree. § 19.104.040. Establishment of Zones.

The following zones are established, with their general purpose as indicated, and classified into groups as shown for purposes of reference in this Title 19:

A. Residential Zones.

1. Single-Family Zones:
a. RS-16, Select Estate Residential Zone. For the development and preservation of residential areas of single-family homes on large lots in order to maintain a parklike setting within a hillside environment. b. RS-10, Estate Residential Zone. For the development and preservation of residential areas of single-family homes on relatively large lots located adjacent to or near a golf course.
c. RS-8, Suburban Residential Zone. For the development and preservation of residential areas of single-family homes on medium-sized lots located in hillside areas or near a golf course.
d. RS-6, One-Family Residential Zone. For the development and preservation of residential areas of single-family homes located on moderate to minimum size lots on relatively flat terrain.

2. Multifamily Zones:
a. RMH, Mobile Home Park Zone. For the development and preservation of mobile home park communities which are attractive for permanent residences and include the facilities and services for such residences.
b. RM-10, Low-Density Multifamily Residential Zone. For the development and preservation of relatively low-density garden apartments, town houses, condominiums, and other forms of attached dwellings in an attractive environment, with outdoor areas for both private and common use.
c. RM-20, Medium-Density Multifamily Residential Zone. For the development and preservation of medium-density apartments, condominiums, and group quarters in locations convenient to community commercial, recreational and cultural activities.

B. Commercial Zones.

1. CO, Office Zone. To provide for primarily professional and business offices serving the community in an attractive environment and to protect adjacent residential areas from adverse effects of excessive commercial activity.

2. CS, Community Shopping Zone. To provide primarily for shopping centers varying from neighborhood convenience centers to a major regional shopping center, and to provide within such centers conveniently grouped stores with adequate parking.

3. CG, Commercial General Zone. To provide for the variety of commercial activities needed to serve the community, primarily located in the central area of the City and secondarily located along arterial street frontages.

4. CR, Regional Commercial Zone. To provide for larger, more intensive regional commercial development situated on large sites. The consolidation of smaller contiguous commercial properties into a larger master-planned integrated regional commercial center is strongly encouraged through the provision of special standards and development incentives of Chapter 19.556.

C. Industrial Zones.

1. CM, Commercial Manufacturing Zone. To provide for commercial activities requiring larger site areas than available in the central area of the City, and for commercial and limited industrial services not appropriate for location in the central commercial areas.

2. MR, Research Manufacturing Zone. To provide for administrative or executive offices of business and industrial concerns, scientific research offices and laboratories, restricted manufacturing activities, and compatible appurtenant uses, all in a highly attractive and pollution-free environment.

3. ML, Light Industrial Zone. To provide for small and medium size industrial uses which are not likely to have adverse effects upon each other or upon neighboring residential and commercial areas.

4. MH, Heavy Industrial Zone. To provide for manufacturing and distribution plants which require relatively large sites, to protect such uses from the disruptive effects of unrelated commercial or other activity in their midst, and to protect the surrounding community from adverse environmental effects of industrial activity.

D. Open Space Zones.

1. OS, Open Space Zone. To provide for the preservation of open space areas, including transportation and utility right-of-way corridors, which contribute to the quality of the community environment by remaining open in character and not intensively used for residential, commercial, industrial or recreational activities.

2. OR, Recreational Open Space Zone. To provide for recreational activities located in or using substantial open space.

E. Mixed-Use Zones.

1. GMU, General Mixed-Use Zone. To provide a mix of compatible higher-density residential and neighborhood commercial uses along major arterials. The mix of uses can be integrated vertically (i.e., commercial on the ground floor with residential and/or office uses above) or horizontally (residential next to commercial and office uses). Single-use projects (i.e., a project that is entirely residential or entirely non-residential) are not permitted in GMU zones.

A minimum of two (2) uses are required for GMU zones.

2. CBPMU, Central Buena Park Mixed-Use. To provide a mix of compatible higher-density residential and/or office uses above existing commercial, and office uses in a pedestrianfriendly environment. The mix of uses shall be integrated vertically (i.e., commercial on the ground floor with residential and/or office uses above). Single-use projects (i.e., a project that is entirely residential or entirely nonresidential) are not permitted in CBPMU zones. A minimum of two (2) uses are required for CBPMU zones.

3. EMU, Entertainment Mixed-Use. To provide a mix of compatible higher-density residential, entertainment, and commercial uses that support entertainment and tourism within the City.

The mix of uses can be integrated vertically (i.e., commercial or entertainment uses on the ground floor with residential uses above) or horizontally (residential next to commercial and entertainment uses). Single-use projects (i.e., a project that is entirely residential or entirely nonresidential) are not permitted in EMU zones. A minimum of two (2) uses are required for EMU zones.

4. COMU, Commercial Office Mixed-Use. To provide a mix of compatible higher-intensity commercial and office uses within existing commercial and industrial areas in the City. The mix of uses can be integrated vertically (i.e., commercial uses on the ground floor with office uses above) or horizontally (commercial uses next to office uses). Single-use projects (i.e., a project that is entirely commercial or entirely office) are not permitted in COMU zones. A minimum of two (2) uses are required for COMU zones.

F. Special Zone.

1. AR, Amusement Resort Zone. To provide for the continued development and preservation of a major tourist-recreational attraction in a park-like setting and which is unique and distinctive from the usual type of business enterprise. The purpose of creating an AR District is to protect valuable property rights which have been created as a result of such business establishments. No land shall be zoned in an AR District unless it has been demonstrated that there are exceptional or extraordinary circumstances or conditions applicable to the property involved that would require an AR District zoning, and that unless land is placed in an AR District, the owner or owners of such land would be deprived of existing material property rights.

G. Specific Plan Zones. The following described specific plans are adopted together with their real property designations. A full, true and correct copy of the text of each such specific plan is maintained in the office of the City Clerk and in the office of the director of development services. The specific plans are not codified as part of this Title 19 but, rather, they are separately bound and made available to the public and for purchase. The specific plans govern the land use and development standards for property identified on the Zoning Map with the following designations.

1. ECSP, Entertainment Corridor Specific Plan. To provide for the continued development, preservation, and enhancement of integrated major tourist entertainment attractions and visitor-serving commercial uses in attractive settings that are unique and distinctive from the conventional use pattern of independent and unrelated businesses.

2. ACSP, Auto Center Specific Plan. To provide for the continued development, preservation, and enhancement of auto dealers and related commercial and retail uses in orderly and attractive settings that are unique and distinctive from the conventional use pattern of independent and unrelated businesses.

3. BOMUSP, Beach-Orangethorpe Mixed Use Specific Plan. To provide for the continued development, preservation and enhancement of a world class mixed use development comprised of commercial retail, full-service hotel, multiple-family units in high rise buildings and multi-level parking that are unique and distinctive from the conventional land use pattern of independent and unrelated activities.

H. Planned Development Zones. To provide for land uses and development standards to be tailored to individual sites. This land use designation requires that a master plan be prepared for each area so designated. The master plan must discuss development phasing, development intensities, amenities, design, and how the development is to conform with the guiding principles included in the Land Use Element of the General Plan for each area designated as Planned Development. It is intended to preclude incremental development which may be detrimental to the whole. § 19.104.050. Establishment of Overlay Zones.

The following special designations are established which may be combined by notation on the Zoning Map with any of the zones listed in Section 19.104.040 in order to accomplish the additional purposes indicated below:

A. A, Agricultural Overlay Zone. To provide for the preservation of areas of single- family homes on large lots with associated agricultural activities, including limited animal keeping.

B. P, Parking Overlay Zone. To provide for and encourage the development of needed parking areas to serve adjacent commercial and public service uses located in the central area of the City. Such parking use is intended to be arranged within residential zones adjacent to commercial zones in a manner which protects the residential areas from undue adverse effects of adjacent commercial activity and may lead to an orderly transition from residential to parking use for such areas.

C. HIO, Housing Incentive Overlay Zones. To provide for and encourage the development of affordable housing to a broad range of households with varying income levels within the City to meet current and future housing needs.
a. The Mixed-Use Housing Incentive Overlays focus on mixed-use, walkable and vibrant environments and range in function and intensity from primarily residential areas with a mix of lower intensity building types (MUO45, Mixed-Use Overlay 45), to moderate intensity neighborhoods (MUO60, Mixed-Use Overlay-60), to higher intensity neighborhoods (MUO100, Mixed-Use Overlay-100). The “45”, “60”, and “100” in the name of the Overlay refers to the allowable density within the Overlay Zone.
b. The Housing Opportunities Overlay (HOO) provides for higher-density affordable multi-family housing. The HOO has been applied to properties shown with the overlay in the Zoning Map. c. The Religious Congregational and Fraternal Overlay (RCFO) allows faith-based and fraternal organizations to build affordable housing on their sites. d. The Hotel/Motel Conversion Overlay (HMCO) allows for the conversion of underperforming hotels/motels into interim or permanent supportive housing for veterans, individuals or families with special needs, and those formerly homeless.
§ 19.104.060. Zoning Map.

A. The map entitled Zoning Map, City of Buena Park on file in the office of the City Clerk is made a part of this Title 19 by this reference thereto. Boundaries and symbols shown on this map indicate the areas of the City to which the regulations of the various zones apply.

B. Zone boundaries and symbols shown on the Zoning Map shall be amended or revised only by means of zone changes adopted pursuant to Section 19.124.030 or zone boundary adjustments adopted pursuant to Section 19.128.080.
§ 19.104.070. Interpretation of Zoning Map.

A. In determining the precise location of zone boundaries as shown on the Zoning Map, the following rules shall be followed, with precedence given to the rules in the order listed:

1. Where properties on opposite sides of a street, alley, walkway, or other right- of-way or easement are in different zones, the zone boundary shall be considered to be the centerline of such right-of-way or easement unless otherwise clearly indicated. The centerline shall be considered to be the line which would become the property line in the event the right-of-way or easement were vacated.

2. Where the zone boundary appears to be in the approximate location of a property line, the zone boundary is considered to coincide with the property line unless otherwise clearly indicated.

3. The location of a zone boundary shall be determined by scaling from the nearest lines or reference points shown on the Zoning Map.

B. Where any area is without a zone designation, such area shall be deemed to be in the OS Zone until such time as a zone change or zone boundary adjustment is approved. § 19.104.080. Definitions.

When used in this Title 19, the words, terms and phrases defined in this chapter shall have the meaning and construction given herein, except when used in a context which clearly indicates a different meaning or construction.

Abutting. "Abutting" means physically touching. Abutting lots share a common lot line or lot corner. Abutting buildings or objects are located in such a way that at one or more points there is no intervening space between them.

Access. "Access" means the way, place or means by which pedestrians or vehicles are physically and legally permitted ingress and/or egress from a building, lot, area or use.

Adjacent. "Adjacent" means physically touching or separated only by intervening open space. Adjacent sites or lots are either abutting or separated by an alley, street (other than a highway) or other right-of-way not more than one hundred twenty feet in width. Adjacent buildings or structures are those located on the same site or on lots adjacent to the subject site.

Adult day care center. "Adult day care center" means a licensed community care facility for the regular care and supervision of the elderly, developmentally disabled adults, or mentally disordered adults for periods less than 24 hours in a non-residential setting outside the licensee's own residence with incidental non-acute medical care and a variety of social and related support services, as defined and licensed under the Community Care Licensing Division of the State Department of Social Services.

Affordable housing. "Affordable housing" means dwelling units:

A. Having a sale or rental price in the range considered lower or very low, as the same is defined and as such may be amended in the California Health and Safety Code, or B. Constructed for qualifying senior citizens as defined in Section 51.2 of the California Civil Code as the same exists or may be amended.

Alley. "Alley" means public right-of-way providing vehicular access to the side or rear of one or more lots but not intended for through traffic circulation.

Alteration. "Alteration" means any change or rearrangement in the supporting members of an existing building or structure, such as bearing walls, columns or beams, any horizontal or vertical enlargement or diminution, any change in the size of exterior doors or windows, or the moving of a building or structure from one location to another, either on the same parcel or another.

Amenity. “Amenity” means a feature or area integrated into a development that enhances the attractiveness or value of a location or property, such as a swimming pool, clubhouse, park, or other leisure or recreational facilities.

Animal Sales and Grooming. “Animal sales and grooming” means a combined business or service that involves the sale of animals along with grooming services for these animals. In this establishment, customers can purchase animals like cats, or birds, (excluding dogs) and also have their pets groomed and maintained. Grooming services typically include activities like bathing, fur trimming, nail clipping, and hygiene care.. Overnight care or boarding is not permitted.

Antiques. "Antiques" means objects of art or pieces of furniture, household implements and the like, which, because of age, rarity and fabrication, or manufacture at a time much earlier than the present, have acquired a collector's quality and value. This definition does not include any objects or materials that are obsolete and have secondhand or salvage value only.

Arboretum/botanical garden. “Arboretum/botanical garden” means a facility, whether public or private, primarily dedicated to the cultivation, display, and preservation of a variety of plants, trees, and other vegetation for educational, research, conservation, and aesthetic purposes. These spaces may include greenhouses, walking trails, interpretive signage, demonstration gardens, and areas for public events or guided tours. Ancillary uses may involve visitor centers, gift shops, and cafes, provided they support the primary function of the arboretum or botanical garden.

Arcades. “Arcades” mean an establishment where four (4) or more mechanical or electronic amusement games are located, whether provided independently or as an accessory use to another business. Objective Design and Development Standards mandate that the maximum size of an arcade does not exceed 3,000 square feet.

However, arcades proposed to exceed this limit must obtain City Council approval. In no case shall an arcade exceed 10,000 square feet. Noise buffers/barriers are required to mitigate sound disturbances, and special protective measures apply to arcades located within 50 feet of residential areas to ensure a harmonious coexistence.

Architectural Feature. "Architectural feature" means a prominent or characteristic part of a building, such as a cornice, parapet, eave, sill, window or door frame, or other embellishment.

Assisted Living Facility. "Assisted living facility" means a licensed residential facility designed for seniors or disabled individuals who require assistance with daily activities, including meals, medication management, and personal care.

Automated Teller Machines (ATMS). “ATMs” mean a pedestrian- or vehicle-oriented machine used by bank and financial service patrons for conducting transactions including deposits, withdrawals, and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks, or in other locations, in compliance with the City’s Municipal Code.

Automobile service station. "Automobile service station" means an establishment or portion of an establishment where motor vehicle fuel is dispensed at retail.

Banquet/catering facility. “Banquet/catering facility” means a commercial enterprise primarily engaged in the preparation and provision of food and beverages for events, functions, and gatherings, whether on-site at a banquet facility or off-site at a client-designated location. This definition includes both banquet facilities and catering facilities. The primary function is to prepare and serve food and beverages for pre-arranged events such as weddings, corporate meetings, parties, and other social gatherings. The business may operate from a designated banquet facility, a catering kitchen, or both. A banquet facility typically includes dining areas, event spaces, and amenities to host large groups, while a catering facility focuses on food preparation and logistical support for off-site events. Banquet facilities may host events on-site, providing space and amenities such as tables, chairs, decorations, and audiovisual equipment.

Basement. "Basement" means that portion of a building which is partly or wholly below grade. A basement shall be considered as a story above grade where the finished surface of the floor above the basement is more than six feet above grade plane.

Bedroom. "Bedroom" means a room within a dwelling unit, other than a kitchen, living room or dining room, which could be used for sleeping purposes, is provided with natural light and natural ventilation, and is separated by a door or archway from the rest of the dwelling unit.

Berm. "Berm" means a mound of earth designed and permanently maintained for purposes of visual screening, physical enclosure, noise control, erosion or drainage control, or as an element of landscape design. (See also fence.)
Borrow pit. "Borrow pit" means any place or premises where earth, soil, sand, gravel or other material is removed by excavation for any purpose other than that necessary and incidental to development on the same premises.

Buffer. "Buffer" means a strip of land, including landscaping, berms, walls, and/or fencing, that physically separates and visually screens one use or property from another to mitigate adverse impacts of the more intense use (e.g., dust, glare, light, noise, odor, etc.).

Building. "Building" means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals, goods, equipment, vehicles, processes, or activities of any kind.

Building, accessory. "Accessory building" means a building or structure detached from a main building on the same premises and used or intended only for an accessory use.

Building coverage. "Building coverage" means the percentage of the lot area that is covered by buildings or structures, excluding open areas such as courtyards, plazas, and pedestrian pathways.

Building Frontage. “Building frontage” means the side of a building containing the main entrance for pedestrian entrance and exit. If more than one main entrance exists, the entrance that more nearly faces, or is oriented to, the street of highest classification as portrayed in the Circulation Element of the General Plan, shall be considered the building frontage. If all streets are of the same classification, the side of the building with the smallest horizontal lineal dimension containing a main entrance shall be considered the building frontage.

Building height. "Building height" means the vertical distance from the finished ground level to the roof surface of a building. Since some building height regulations of this Title define sloping building envelopes, the permitted building height may vary from point to point and the highest point of a roof may not be the critical point for height limitation purposes. Where the finished ground level varies around the perimeter of a building, an assumed ground level at any point within the perimeter of the building is derived from a cross-section through the building in the vertical plane which is critical for height limitation purposes, in which plane the ground level on opposite sides of the building is connected by a straight line. (See Diagram 1 at the end of this chapter.) Building, main. "Main building" means a building within which is conducted a primary or incidental use of the premises.

Building official. "Building official" means the officer of the City responsible for enforcing the building, plumbing, mechanical, electrical, and related codes.

Canopy or Tarp. "Canopy or Tarp" means any shelter, including support structure, which exceeds 42 square feet and maintains a roof, cover, or walls made of cloth, vinyl, flexible plastic, canvas, or other similar material, whether freestanding or attached to another structure, including trampolines.

Carport. "Carport" means a roofed structure providing space for parking of motor vehicles and enclosed on not more than three sides.

Carwash, drive-through. "Drive-through carwash" means a mechanical carwash where customers remain in their vehicles during washing operation.

Carwash, full-service. "Full-service carwash" means a mechanical and/or hand carwash where customers leave their vehicles during washing operations.

Carwash, mechanical. "Mechanical carwash" means any permanent facility where power-driven equipment, steam-cleaning equipment, or stalls with water-spraying devices are used for the washing of vehicles as a retail service. Mechanical carwashes are further classified as either full-service, drive-through or self-service carwashes.

Carwash, self-service. "Self-service carwash" means a mechanical carwash where facilities are provided for customers to wash their own vehicles.

Certificate of Occupancy. "Certificate of Occupancy" means a document issued by the Building Official certifying that a building or structure complies with all applicable building codes and other laws, and indicating it to be in a condition suitable for occupancy.

Child day care center. "Child day care center" means a licensed community care facility for the regular, nonmedical care and supervision of infants, toddlers, preschoolers, and/or school-age children for periods of less than 24 hours in a non- residential setting outside the licensee's own residence, as defined and licensed under the Community Care Licensing Division of the State Department of Social Services.

Church. "Church" means a permanent use of premises where the primary activity is religious worship and the premises are maintained and controlled by an organized religious body. Rescue missions, tent revivals, and temporary assemblies are not included in this definition.

Club. "Club" means a permanent use of premises where the primary activity is assembly of a nonprofit association of persons for social or recreational purposes, and the premises are maintained and controlled by such association. Organizations and activities primarily or customarily involved in commercial enterprise are not included in this definition.

Cluster Development. "Cluster Development" means a development design technique that groups residential units in a specific area of a site to preserve the remaining land for open space, or recreation.

Commercial establishment, drive-in. "Drive-in commercial establishment" means an establishment which by design, physical facilities, and/or service procedures encourages or permits customers to receive and consume goods or services while remaining in their parked motor vehicles on the premises.

Commercial establishment, drive-through. "Drive-through commercial establishment" means an establishment which by design, physical facilities, and/or service procedures encourages or permits customers to receive goods or services at a drive-up window or station and then leave the premises without parking their vehicles.

Commercial establishment, take-out. "Take-out commercial establishment" means a food sales or service establishment which by design, physical facilities, and/or service procedures predominantly encourages or permits customers to receive goods or services at a walk-up window or station, but does not provide for or encourage consumption on the premises.

Commercial establishment, walk-up. "Walk-up commercial establishment" means a food sales or service establishment which by design, physical facilities, and/or service procedures encourages or permits customers to receive goods or services at an exterior walk-up window or station and encourages or provides for consumption on the premises.

Commercial zone. "Commercial zone" means any of the zones listed under the heading of Commercial Zones in Section 19.104.040.

Community apartments. "Community apartments" means a multifamily residential development in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon. (See California Business and Professions Code Section 11004.) Community character. “Community character” means the image of a community or area as defined by factors such as built environment, natural features and open space elements, type of housing, architectural style, infrastructure, and the type and quality of public facilities and services.

Community Noise Equivalent Level (CNEL). "Community noise equivalent level (CNEL)" means the average equivalent A-weighted sound level during a twenty-four- hour day, obtained after addition of five decibels to sound levels from seven p.m. to ten
p.m. and after addition of ten decibels to sound levels from ten p.m. to seven a.m. (See California Government Code Section 65302(f).)
Community residential care facility. "Community residential care facility" means a community care facility licensed for any type of twenty-four hour care pursuant to the California Community Care Facilities Act. (See California Health and Safety Code Section 1500 et seq.) Condominium. "Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office, or store. A condominium may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either an estate of inheritance or perpetual estate, an estate for life, or an estate for years, such as a leasehold or subleasehold. (See California Civil Code Section 783.) Condominium development, residential. "Residential condominium development" means a multifamily residential development utilizing a condominium, stock cooperative or community apartments form of ownership.

Contractor. "Contractor" means a person engaged in or purporting to be engaged in the business of building, constructing, plumbing, electrical, painting, plastering, masonry, floor finishing, gardening, landscaping maintenance, landscaping, lawn renovating, wall papering, demolition, grading, excavation, road building or repair, drilling, tank removal or installation, sign installation or repair, pipeline installation or repair, building moving, or any similar occupations or trades whether licensed by the State of California or not.

Contractor's storage facility. "Contractor's storage facility" means any premises used by a contractor, as defined, for the purpose of storing, maintaining, servicing, distributing, or dispatching supplies, materials, vehicles, equipment, tools, scaffolding, or similar items required by or associated with a contractor's business.

Cooperative, stock. "Stock cooperative" means a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property; if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock or membership certificate in the corporation held by the person having such right of occupancy. This definition does not include a limited-equity housing cooperative, as defined in Section 11003.4 of the California Business and Professions Code. (See California Business and Professions Code Section 11003.2.)
Curb cut. “Curb cut” means a ramp opening in a curb where vehicles or wheel chairs may enter or leave the roadway.

Dancehall. “Dancehall” means a commercial establishment, venue, or facility that is primarily designed, intended, or used for public dancing. Such establishments typically feature a dance floor or designated dance area and may provide live or recorded music, lighting, and other amenities to enhance the dancing experience. This definition includes but is not limited to nightclubs, discotheques, and dance clubs. Dancehalls or other public dancing facilities shall not be located within 200 feet of any residential use and shall implement noise control measures to minimize impacts on surrounding uses. Dancehalls or other public dancing facilities shall provide on-site security personnel and surveillance systems to ensure the safety of patrons and staff. “Density Bonus” has the same meaning as set forth in Government Code section 65915.

Dental office. "Dental office" has the same meaning as medical or dental clinic.

Development. "Development" means a plan or program, the process of carrying out such plan or program, and/or the result of such plan or program, for changing, extending or improving the use of a site. Development may include, but is not limited to: the division or assembly of land, space or facilities; altering or disturbing the land surface and landscape; construction, reconstruction or relocation of buildings or structures; installing utilities, streets, walkways, fences and landscaping; and the change, conversion, extension or diminution of the use of land, structures, and facilities.

Director. "Director" means the Director of Community Development of the City or his or her other duly authorized designee.

Display. "Display" means the placement of goods, merchandise, equipment or exhibits for viewing at a location visible to or accessible to the public.

Driveway. "Driveway" means a private roadway for vehicular travel extending from a street or alley property line to a parking area, loading area, drive-in or drive-through service area, or to an entrance to a building or other facility. Parking aisles within parking areas and truck maneuvering areas are not included within this definition. (See Diagram 2 at the end of this chapter.)
Dry cleaning, coin-operated. "Coin-operated dry cleaning" means a business establishment providing for selfoperated cleaning of garments. This definition is limited to the use of single-batch, automatic cleaning machines, activated by the insertion of a designated coin, where an attendant is not required to, but may, provide only incidental pressing, spot removing, and supervision.

Dwelling. "Dwelling" means a building containing one or more dwelling units. A group quarters or other building or portion thereof devoted primarily to rooming units is not considered a dwelling.

Dwelling, factory-built. "Factory-built dwelling" means a dwelling constructed in such a manner that all concealed parts or processes of manufacture cannot be inspected before installation at the building site without disassembly, damage or destruction of the part, which is either wholly manufactured or is in substantial part manufactured at an off- site location to be wholly or partially assembled on-site in accordance with building standards published in the state Building Standards Code and other regulations adopted pursuant to Section 19990 of the California Health and Safety Code. This definition does not include a mobile home, site-built dwelling or recreation vehicle. (See California Health and Safety Code Section 19971.)
Dwelling, junior accessory unit. "Junior accessory dwelling unit" means a dwelling unit that is no more than 500 square feet in size and contained entirely within an existing single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing or proposed single residential unit and includes an efficiency kitchen.

Dwelling, manufactured. "Manufactured dwelling" means a factory-built dwelling or a mobile home in place on a foundation system.

Dwelling, multifamily. "Multifamily dwelling" means a residential use in which there is more than one dwelling unit on a lot.

Dwelling, single-family. "Single-family dwelling" means a residential use in which there is only one detached dwelling unit on a lot.

Dwelling, site-built. "Site-built dwelling" means a dwelling constructed by erecting and joining materials and components on the site where the dwelling is to be occupied. This definition does not include a factory-built dwelling or a mobilehome installed on a site.

Dwelling unit. "Dwelling unit" means one or more habitable rooms, having one and only one kitchen, and arranged for or occupied by one or more persons living as a household unit with common access to all living, eating, and food preparation areas. An outdoor food preparation area shall not be considered a kitchen.

Furthermore, a dwelling unit and any expansion of a dwelling unit shall comply with the following criteria; A. Common interior access to all living, eating, and food preparation areas shall be provided through habitable rooms or a common hallway.

B. A wet bar may be provided outside the kitchen, provided that no cooking appliances, whether of a temporary or permanent nature, are provided that defeat the purpose and intent of one and only one kitchen within a dwelling unit.

Dwelling unit, accessory. "Accessory dwelling unit" 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 residential unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and be located on the same parcel that the primary residential unit is or will be situated. An accessory dwelling unit can also be an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, or a manufactured home, as defined in Section 18007 of the Health and Safety Code.

Dwelling unit, junior accessory. "Junior accessory unit dwelling" means a dwelling unit that is no more than 500 square feet in size and contained entirely within an existing single-family residence.

Educational institution. "Educational institution" means a public, parochial or other nonprofit institution conducting regular academic instruction at kindergarten, elementary, secondary, collegiate, university or graduate level. Such institution must either offer general academic instruction equivalent to the standards prescribed by the State Board of Education or confer degrees as a college or university of undergraduate or graduate standing. This definition does not include schools, academies or institutes, incorporated or otherwise, which operate for a profit, nor does it include commercial or trade schools.

Elderly housing. "Elderly housing" means dwelling units which are or would be classified as elderly housing as the term is used in the City's current housing assistance plan and, by the terms of its ownership, financing, and management, such housing will continue to be made available primarily to persons sixty-two years of age or older.

Emergency shelter. “Emergency shelter” means a facility that provides immediate and short-term housing (limited to occupancy of six (6) months or less) and minimal supplemental supportive services to homeless persons or families. Supplemental services may include counseling, food, and access to social programs. No individual or household may be denied emergency shelter because of an inability to pay (consistent with Section 50801. (e) of the California Health and Safety Code).

Encroachment. "Encroachment" means any object or obstruction within a prescribed yard, setback or open area.

Establishment. "Establishment" means a premises or portion thereof occupied by a nonresidential use under the unified management and control of one person or organization.

Exhibit Hall. “Exhibit hall” means a facility or portion of a facility designed and used for hosting events such as trade shows, conventions, exhibitions, product showcases, and similar gatherings. These spaces are typically equipped to accommodate large groups and may include features such as display areas, meeting rooms, and support services. The use explicitly excludes swap meets, flea markets, or similar activities involving the direct sale or exchange of goods between individuals.

Expansion of use. "Expansion of use" means any increase in floor area or site area devoted to a use, or any intensification of use which requires additional parking space.

Extension of use. "Extension of use" means the prolongation of the time that a use exists at a given location.

Also, the same as expansion of use.

Fence. "Fence" means a linear barrier of any material or combination of materials, including living plant materials, placed for the purpose of screening or enclosing open areas of land. Walls, hedges, and berms are included in this definition.

Fence height. "Fence height" means the vertical distance, at any point, from the finished ground level to the top of the fence. Where the ground elevation is different on opposite sides of a fence, the height is measured on the side of the fence having the higher ground elevation.

Floor area, existing. “Existing floor area” means a legally permitted building constructed on the site with a final inspection or certificate of occupancy as of the date of application submittal, that conforms to current zoning standards or is legal nonconforming as to current zoning standards.

Floor area, gross. "Gross floor area" means the sum of the horizontal area of all floors of a building or group of buildings, measured from the exterior faces of exterior walls or from the center of party walls separating buildings.

Floor area, net. "Net floor area" means the interior floor area of a room or building, excluding fixed walls, stairways, elevator shafts, and permanently unoccupiable spaces.

Frontage, building. See definition under Section 19.904.020 of Division 9, Sign Regulations.

Frontage, business. See definition under Section 19.904.020 of Division 9, Sign Regulations.

Frontage, street. "Street frontage" means a line, and the length thereof, along which a lot abuts a public street.

Where a lot abuts more than one street, or abuts the same street along more than one continuous line, each such line is considered a separate frontage.

Garage. "Garage" means a roofed structure providing space for the parking of motor vehicles and enclosed on all sides.

Ground coverage. "Ground coverage" means the total ground area, measured in a horizontal plane, within the boundaries of the exterior walls of all roofed structures on a site.

Group home. “Group Home” shall have the same definition as provide in Chapter 5.70 of the Buena Park Municipal Code.

Group quarters. "Group quarters" means a building or group of buildings containing sleeping rooms for persons not living as household units. Group quarters differ from dwellings in that there are no kitchen facilities separately associated with each sleeping/ living unit, and there is not common access to all living, eating, and food preparation areas.

Guesthouse. "Guesthouse" means any space in an accessory structure which could be used as habitable quarters, but not constituting a dwelling unit.

Highway. "Highway" means a street which is designated as a major highway, primary highway or secondary highway in the circulation element of the General Plan.

Home occupation. "Home occupation" means a business or employment activity conducted on residential premises.

Hospital. "Hospital" means a health facility licensed as a hospital of any type by the state pursuant to the California Health and Safety Code, Division 2, Chapter 2, Article 1, Section 1250 et seq. This definition includes a general acute care hospital, acute psychiatric hospital, special hospital, and psychiatric health care facility. This definition does not include long-term health care facilities (skilled nursing or intermediate care).

Hotel, motel, or motor hotel. "Hotel," "motel" or "motor hotel" means a facility offering transient lodging accommodations of less than 30 consecutive days to the general public, except where a conditional use permit has been obtained as permitted in Section 19.552.110 of this Title.

Industrial clinic. "Industrial clinic" means a medical clinic where the predominant activity is serving the emergency and on the job medical needs of industrial employees.

Industrial zone. "Industrial zone" means any of the zones listed under the heading of Industrial zones in Section

19.104.040.

Integrated development. "Integrated development" means a development for more than one use or tenant, whether under a single ownership or multiple ownerships, carried out at one time or in phases, but in accordance with an overall design, or operated under some degree of coordinated management, or involving sharing of common facilities such as parking. The intent of an integrated development is to provide through Conditions, Covenants, and Restrictions a means of common maintenance, architectural integrity and compatibility, a comprehensive sign program, and provisions for master planning of future expansions and alterations with review and approval of the City.

Infill Development. “Infill development” means a development of vacant or underutilized land (usually individual lots or leftover properties) within areas that are already largely developed.

Kennel. "Kennel" means an establishment where four or more dogs or other animals, at least four months of age, are kept, boarded or trained. This definition does not include a dwelling with permitted household pets.

Kitchen. "Kitchen" means a single, core food preparation area for meals within an individual dwelling unit which shall be in common use by all members of a household residing in such dwelling unit. The kitchen shall have common interior access at all times to all other habitable rooms of such dwelling unit.

Kitchen, Efficiency. “Efficiency Kitchen” means a kitchen that includes the following at a minimum: appliances for cooking food and refrigeration, either built-in or countertop; a sink for food preparation greater than 12 inches by 12 inches, excluding the sink located in the bathroom; and a food preparation counter.

Landscaped area. "Landscaped area" shall mean those portions of any lot or parcel devoted to or developed with landscaping including those portions of a lot or parcel required to be landscaped by a Conditional Use Permit, Variance, Site Plan, Zoning Ordinance requirement, or other entitlement for use.

Landscaping. "Landscaping" means a designed or natural arrangement of plant materials including grass, ground cover, shrubs, trees, vines, and similar vegetation and may include the use of decorative rock, stones, bark, walls, fountains, pools, brick or similar paving as accessory decorative elements. The use of artificial turf may be considered for single-family home use as an alternative to grass and ground cover, provided that a minimum 15% of the front yard area is accented with living plant material such as natural shrubs, trees, vines, or similar vegetation and approved via the Artificial Turf Permit process. Driveways, parking areas, loading or storage areas and bare earth, devoid of living vegetation or accessory decorative elements shall not be considered landscaping.

Liquor, off-sale. "Off-sale liquor" means the sale of alcoholic beverages for consumption off the premises where sold, as defined, regulated, and licensed by the Department of Alcoholic Beverage Control. (See California Government Code Section 23000 through 25762.)
Liquor, on-sale. "On-sale liquor" means the sale of alcoholic beverages for consumption on the premises where sold, as defined, regulated, and licensed by the Department of Alcoholic Beverage Control. (See California Government Code Section 23000 through 25762.)
Liquor store. "Liquor store" means any establishment which offers for retail sale, for consumption off-premises, any alcoholic beverage.

Livestock. "Livestock" means any domesticated animal or fowl, used for commercial purposes, as a beast of burden, or otherwise, including, but not limited to, horses, cows, sheep, goats, pigs, hogs, chickens, turkeys, peacocks, guineas, geese, and ducks.

Live-Work. “Live-work” means a building or space within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.

Loading space. "Loading space" means an off-street space or berth used for the loading or unloading of trucks or other commercial vehicles.

Long-term health care facility. "Long-term health care facility" means a skilled nursing facility or intermediate care facility of any type licensed by the State pursuant to the California Health and Safety Code, Division 2, Chapter 2, Article 1, Section 1250 et seq.

Lot. "Lot" means a lawfully created and defined parcel of land held in undivided ownership.

Lot area. "Lot area" means the area, measured in a horizontal plane, bounded by the lot lines of a lot.

Lot area, net. "Net lot area" means lot area exclusive of:

A. Public streets, alleys, walkways, and other existing public rights-of-way; B. Proposed public rights-of-way such as streets, alleys, and other land to be reserved or dedicated for public use when such rights-of-way, reservations or dedications are approved or required as part of a development;
C. Other public or private easements where the owner(s) of the servient tenement does not have the right to use the land surface or space within the easement in any manner.

Lot, corner. "Corner lot" means a lot abutting two or more streets at their intersection and the angle of intersection is not more than one hundred twenty degrees.

Lot depth. "Lot depth" means the horizontal distance measured from the midpoint of the front lot line to the midpoint of the rear lot line of a lot.

Lot line. "Lot line" means any line bounding that portion of a lot which is not part of a dedicated public right-ofway.

Lot line, front.

A. In the case of a lot having only one street frontage, the frontage is the front lot line.

B. In the case of a corner lot, the shorter street frontage is the front lot line (See Diagram 3 at the end of this chapter.), with the exception that the Director may determine that the longer street frontage be defined as the front lot line based on the orientation of the existing structure(s) on the subject lot or adjacent lots and the provision of other conforming yard and related open space requirements.

C. In the case of a lot at the intersection of two streets with an angle of intersection greater than one hundred twenty degrees, both street frontages together are considered to be the front lot line.

D. In the case of a lot with noncontinuous street frontages or with three or more street frontages, the Director shall determine which frontage or frontages are considered as front lot lines. Such determination is based upon the orientation of existing or proposed development on the subject lot or adjacent lots.

E. In the case of a corner lot with an existing development where the setbacks of the existing structure(s) along both streets satisfies the minimum front yard setback, the Director may determine which frontage may be considered as the front lot line. Such determination shall take into account the orientation of the existing structure(s) on the subject lot or adjacent lots and the provision of other conforming yards and related open space requirements.

Lot line, rear.

A. "Rear lot line" means the lot line which is opposite and most distant from the front lot line of the same lot (see Diagram 3 at the end of this chapter).

B. In the case of an irregular, triangular or gore-shaped lot, the rear lot line is an assumed line within the lot parallel to the front lot line, not less than ten feet in length, and located at the maximum possible distance from the front lot line.

C. In the case of a lot where the Director determines the front lot line, the Director shall also determine which lot line or assumed line, if any, is considered the rear lot line.

Lot line, side. "Side lot line" means any lot line which is not a front or rear lot line. (See Diagram 3 at the end of this chapter.)
Lot, reversed corner. "Reversed corner lot" means a corner lot where a side lot line abutting a street is substantially a continuation of the front lot line of the lot to the rear of the subject lot, whether or not separated from the subject lot by an alley.

Lot width. "Lot width" means the horizontal distance between side lot lines measured at the required front yard setback line.

Massage establishment. See definition under Chapter 5.12 of Title 5 Business Licenses and Regulations.

Medical laboratory or dental laboratory. "Medical laboratory" or "dental laboratory" means an establishment devoted to conducting tests and analyses and/or the preparation of materials (including prostheses) related to the activities of medical or dental offices or clinics.

Medical office or dental office. "Medical office" or "dental office" has the same meaning as medical clinic or dental clinic.
“Ministerial processing” or “ministerial approval” means a process for development approval involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely ensures that the proposed development meets all the "objective zoning standards," "objective subdivision standards," and "objective design review standards" in effect at the time that the application is submitted to the local government but uses no special discretion or judgment in reaching a decision.

Mobilehome. "Mobilehome" means a structure, transportable in one or more sections, designed and equipped to contain not more than two dwelling units, to be used with or without a foundation system. This definition does not include a recreation vehicle or factory-built dwelling. (See California Health and Safety Code Sections 18008 and 18211.)
Mobilehome park. "Mobilehome park" means any area or tract of land under unified ownership, control or management where five or more mobilehome sites are provided to accommodate mobilehomes used for human habitation. (See California Health and Safety Code Section 18214.) Mobilehome site. "Mobilehome site" means an area within a mobilehome park designated for the use and occupancy of one mobilehome, including all contiguous space for the exclusive use of occupants of the mobilehome.

Motor vehicle. "Motor vehicle" shall be as defined in California Vehicle Code Section 415, as the same may be amended from time to time.

Motor vehicle, inoperative. "Inoperative motor vehicle" means any motor vehicle which is unlicensed, unregistered or otherwise not legally permitted to be driven upon the streets and highways of the State of California or any motor vehicle which is disabled, dismantled, wrecked, or from which some essential component thereof has been removed thereby rendering such motor vehicle incapable of being driven under its own motive power.

Multifamily residential zone. "Multifamily residential zone" means any of the zones listed under the heading of Multifamily zones in Section 19.104.040.

Multi-tenant Development. "Multi-tenant Development" means a development for more than one business, situated in separate tenant spaces in the same building, where the property is operated under single ownership, and exhibits consistent architectural design and shared common facilities such as parking, pedestrian access, and signage. The intent of a multi-tenant development is to facilitate a mixture of compatible, related uses where the property management is responsible for maintenance and enforcement of conditions of approval for the development including, but not limited to property maintenance, signage, and permitted uses.

New Construction. “New Construction” means any development which is either being constructed on a vacant parcel or at least 80% of the existing structure(s) square footage is proposed to be demolished.

Nonconformity or nonconforming. "Nonconformity" or "nonconforming" means any use, activity, feature of development or operation, or other circumstance which does not conform to the regulations of this Title, but which was lawfully established under the regulations which prevailed at the time of such establishment.

Objective design standards. “Objective design standards” means a design standard that involves no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (California Government Code, Section 65913.4) Open area. "Open area" means land area not covered by buildings and not improved or arranged for vehicular use, together with uncovered balconies and decks or other above or below grade uncovered areas which have access for pedestrian or recreational use.

Open area, common usable. "Common usable open area" means land within or related to a development, not individually owned or dedicated for public use that is designed and intended for the common use of the residents of the development.

Open area, private. "Private open area" means open area provided and arranged for the exclusive use of the occupants of a specific dwelling unit.

Open space zone. "Open space zone" means any of the zones listed under the heading of Open space zones in Section 19.104.040.

Parking aisle. "Parking aisle" means the traveled way within a parking area by which vehicles enter and depart parking spaces. (See Diagram 2 at the end of this chapter.) Overlay zone. “Overlay zone” means a supplementary zoning designation that is applied to property in addition to a primary zoning district to highlight special regulations applicable to select properties within the City.

Parking area. "Parking area" means a contiguous group of parking spaces and parking aisles.

Parking lot. "Parking lot" means premises or the portion thereof devoted to parking of motor vehicles, not including parking within a structure.

Parking space. "Parking space" means a space provided for and intended to be occupied by a motor vehicle when parked.

Parking structure. "Parking structure" means a structure or portion of a structure providing parking spaces.

Passageway. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one (1) entrance of the residential unit.

Permanent supportive housing. "Permanent supportive housing (PSH)" combines affordable housing with services for chronically homeless individuals or families. Chronically homeless individuals or heads of household are those have a disabling condition and have experienced homelessness in past 3 years, for at least 12 months, or on at least 4 separate occasions.

Pharmacy. "Pharmacy" means an establishment where the predominant activity is the preparation and dispensing of drugs and medicines.

Planned unit development. "Planned unit development" means a development in which units of land together with the structures and facilities on such units are owned individually, while other land, structures, and/or facilities in the same development are provided for the common use of the unit owners and such common property is owned on a proportional, undivided basis by the unit owners or by an association of the unit owners.

Predominant use or activity. "Predominant use or activity" means an identifiable activity occurring on a premises which is greater in amount than any other activity or component of use occurring on the same premises. For this purpose, the most appropriate criterion for measuring amount of activity shall be determined by the Director (from among such measures as floor space, revenue, traffic volume, etc.).

Premises. "Premises" means a site together with the buildings, structures, and other improvements thereon.

Private Recreation Facility. “Private recreation facility” means a recreational facility operated by a private entity, organization, or individual that is accessible only to members, guests, or invitees. These facilities may include amenities such as swimming pools, tennis courts, fitness centers, golf courses, clubhouses, or similar recreational uses. Private recreation facilities are not open to the general public and may be associated with residential communities, clubs, or other membership-based organizations.

Public transit. “Public transit” 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 a set fare, run on fixed routes, and are available to the public.

Major Transit Major Stop. “Major Transit Stop” means a site containing an existing rail or bus rapid transit station, the intersection of two (2) or more major bus routes with a frequency of service interval of 20 minutes or less during the morning and afternoon peak commute periods, or other major transit stops that are included in the applicable regional transportation plan.

Public view.

A. An object is in public view if it is visible from any of the following outdoor, ground level locations:

1. Any area open to public access on the same premises;

2. Any dwelling or group quarters on the same premises;

3. Any point on adjacent lots;

4. Any public street or walkway, not including an alley or freeway.

B. In determining visibility, an eye-level five feet above ground level shall be assumed.

Recreation vehicle. "Recreation vehicle" means a motorhome, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than two hundred twenty square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms. (See California Health and Safety Code Section 18010.5 and 18215.5.)
Residential zone. "Residential zone" means any of the zones listed under the heading of Residential zones in Section 19.104.040.

Roof, mansard-type. "Mansard-type roof" means a roof or portion of a roof with two slopes, or one sloping portion and one flat portion, wherein the lower portion of the roof has the greater slope.

Screening. “Screening” means a method of visually shielding or obscuring one (1) abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.

Setback. "Setback" means the least horizontal distance between a building or structure and a lot line.

Short-term rental (STR). “Short-term rental” means a rental of a legally permitted dwelling for periods of 30 consecutive days or less, counting portions of the calendar as full days. The STR can be the entire home or limited to one or more rooms.

Sign. See definition under Section 19.904.020 of Division 9, Sign Regulations.

Sign area. See definition under Section 19.904.020 of Division 9, Sign Regulations.

Sign, canopy. See definition under Section 19.904.020 of Division 9, Sign Regulations.

Sign, display board. See definition under Section 19.904.020 of Division 9, Sign Regulations.

Sign, electronic display board. See definition under Section 19.904.020 of Division 9, Sign Regulations.

Sign face. See definition under Section 19.904.020 of Division 9, Sign Regulations. Sign face area. See definition under Section 19.904.020 of Division 9, Sign Regulations. Sign, ground. See definition under Section 19.904.020 of Division 9, Sign Regulations.

Sign, monument. See definition under Section 19.904.020 of Division 9, Sign Regulations.

Sign, off-premises (billboard). See definition under Section 19.904.020 of Division 9, Sign Regulations.

Sign, projecting. See definition under Section 19.904.020 of Division 9, Sign Regulations.

Sign, roof. See definition under Section 19.904.020 of Division 9, Sign Regulations.

Sign structure. See definition under Section 19.904.020 of Division 9, Sign Regulations.

Sign structure, ground. See definition under Section 19.904.020 of Division 9, Sign Regulations.

Sign, temporary. See definition under Section 19.904.020 of Division 9, Sign Regulations.

Sign, wall. See definition under Section 19.904.020 of Division 9, Sign Regulations.

Sign, window. See definition under Section 19.904.020 of Division 9, Sign Regulations.

Single-family zone. "Single-family zone" means any of the zones listed under the heading of Single-family zones in Section 19.104.040.

Site. "Site" means one or more lots developed or used, or intended to be developed or used, under unified ownership, control, or management.

Small group adult day care home. "Small group adult day care home" means a licensed community care facility for the regular care and supervision of 6 or fewer elderly, developmentally disabled adults, or mentally disordered adults in a home-like environment within the licensee's own residence for periods less than 24 hours with incidental non-acute medical care, as defined and licensed under the Community Care Licensing Division of the State Department of Social Services.

Small group care home. "Small group care home" means a licensed community care facility for the 24 hour care of 6 or fewer persons in a detached single family dwelling occupied by the licensee with incidental, non-acute medical care and supervision pursuant to the California Community Care Facilities Act. (See California Health and Safety Code Section 1500 et seq.) Medical care does not include acute psychiatric or nursing care. In no way shall the structure or the appearance of the premises be altered or remodeled inside or outside, other than alterations of accessibility for the physically handicapped, nor conditions or situations be created on the premises that would alter the residential character of the structure or the zone in which the facility is located. This definition does not include a rest home, a sanatorium, or a boardinghouse or lodging house for transient quarters.

Small group child day care home. "Small group child day care home" means a licensed community care facility for the regular, non-medical care and supervision of 14 or fewer children in a home-like environment within the licensee's own residence for periods less than 24 hours, as defined and licensed under the Community Care Licensing Division of the State Department of Social Services.

Story. "Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it, but not including any such portion where more than one-half of vertical dimension of the floor-to-floor space is below the average abutting ground level.

Street. "Street" means a right-of-way dedicated or intended to be dedicated for public use for the movement of vehicles and access to abutting property. This definition includes a highway, but does not include an alley, walkway, or freeway.

Structure. "Structure" means anything constructed or erected which requires a fixed location on the ground or is attached to something having a fixed location on the ground, but not including outdoor paving, curbs, walks, or other outdoor surfaces and features which are entirely at ground level.

Subject property. "Subject property" means the lot or site under consideration or to which a regulation is being applied.

Supportive Housing. “Supportive Housing” means housing with no limit on length of stay, that is occupied by the target population, as that term is defined in Section 11302 of Title 42 of the United States Code, or who are “homeless youth,” as that term is defined by paragraph (2) of subdivision (e) of Section 12957 of the Government Code, and is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community, pursuant to Government Code Section 65582. "Transitional housing" is defined as buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance, pursuant to Government Code Section 65582.

Supportive Services. “Supportive Services” means services that are provided on a voluntary basis to residents of Supportive Housing and Transitional Housing, including, but not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, benefits advocacy, and other services or service referrals necessary to obtain and maintain housing.

Swap meet, outdoor, or flea market. "Outdoor swap meet" or "flea market" means any meeting or assembly or other public gathering for the purpose of offering to the public new or used merchandise, articles or any other things of value for sale or exchange, which meeting, assembly or gathering does not exceed three consecutive days in duration on any single occasion and is conducted not less than once every two months.

Swap meet, indoor. "Indoor swap meet" means any indoor facility without a predominant use that maintains a single business license and occupies a minimum 80 percent of the available floor area, and that contains multiple vendor or tenant spaces, stalls, or booths from which food is sold (excluding "food courts"), or new or used merchandise or craftwares are sold to, exchanged, or bought by the public or other vendors. Any facility bearing the name of or otherwise being promoted as a swap meet or flea market shall constitute a swap meet for purposes of this definition. Any interior multiple tenant facility used for the sale of merchandise that does not constitute a "shopping mall" as defined in Section 19.556.050 M of this Title shall constitute an indoor swap meet.

Indoor swap meets are subject to the provisions of Section 19.552.111 of this Title.

Tanning Salon. ”Tanning salon” means a commercial establishment that provides indoor tanning services to the public, where customers can use ultraviolet (UV) tanning beds, booths, or other similar equipment for skin tanning purposes. This use may also include related ancillary services such as spray tanning, skin care, and the sale of tanning products, but excludes medical facilities or practices providing tanning or light therapy for medical purposes.

Tobacco retailer's license. "Tobacco retailer's license" or "licensee" shall mean a license issued by the City pursuant to Chapter 5.60 of the Buena Park Municipal Code, that authorizes the person licensed to operate sell tobacco products or otherwise engaging in tobacco retailing in the City.

Tobacco shop. "Tobacco shop" or "tobacco retailer" means any person who sells, offers for sale, or otherwise exchanges or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia; and "tobacco retailing" shall mean a person doing or engaging in any of the foregoing. This definition is without regard to the quantity of tobacco products or tobacco paraphernalia sold, offered for sale, exchanged or offered for exchange.

Trailer. "Trailer" means a vehicle without motive power, designed to be drawn by a motor vehicle, for the transporting of personal property, but not including trailers designed for human habitation such as a recreational vehicle.

Transitional housing. “Transitional housing” means housing with supportive services for up to 24 months that is exclusively designated and targeted for recently homeless persons. Transitional housing includes self-sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing as quickly as possible, and limits rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development's requirements for subsidized housing for lowincome persons. Rents and service fees paid for transitional housing may be reserved, in whole or in part, to assist residents in moving to permanent housing.

Tuck Under Parking. “Tuck under parking” means a type of parking design where parking spaces are located directly beneath all or a portion of a residential or mixed-use building, typically under residential units or commercial space. Tuck under parking shall be partially (minimum of 5-feet) or fully below grade and the garage may not face a public right-of-way.

Use. "Use" means the type of activity or occupancy occurring or intended to occur at a given location.

Use, accessory. "Accessory use" means an activity or use of property which is subordinate, directly related, and supportive to a primary use located on the same premises. An accessory use is necessarily or customarily associated with a primary use in an interdependent relationship.

Use, incidental. "Incidental use" means an activity or use of property which is secondary to a primary use located on the same premises. An incidental use is directly or indirectly related to a primary use, but is not essential to the conduct of the primary use, nor interdependent with the primary use to the same degree as an accessory use.

Use, primary. "Primary use" means a use which is not incidental or accessory to some other use on the same premises.

Walkway. "Walkway" means a public or private way exclusively for the use of pedestrians.

Wild animal. "Wild animal" means any animal, reptile, fowl, or fish which is not tame or gentle as found in nature, but is of a wild nature or disposition or which is known to be vicious or which must be kept in confinement to be brought within the immediate power of the owner(s).

Working day. "Working day" means a day when the administrative offices of the City of Buena Park are open to the public for at least four hours.

Yard. "Yard" means an open area between a building and a lot line of the lot upon which the building is located.

Yard, front. "Front yard " means a yard extending across the full width of a lot between the front lot line and any main building, including the projection of the main building to the side lot lines. (See Diagram 3 at the end of this chapter.)
Yard, rear. "Rear yard" means a yard extending across the full width of a lot between the rear lot line and any main building, including the projections of the main building to the side lot lines. (See Diagram 3 at the end of this chapter.)
Yard sale. "Yard sale" means a temporary sale of household items on residential premises.

Yard, side. "Side yard" means a yard extending from the front yard to the rear yard between the side yard line and any main or accessory building. In the case of a side yard abutting a street, the side yard is considered as extending from the front yard to the rear lot line. (See Diagram 3 at the end of this chapter.) Yard, side, zero. "Zero side yard" means the placement of a main building at or along a side lot line so that there is no side yard between the building and that lot line.

Diagram 1
Illustration of Building Height Measurement
Diagram 2
Illustration of Relationship Among Driveways, Parking Aisles, and Parking Spaces
Diagram 3
Illustration of Lot Line and Yard Designations
Chapter 19.108 – Procedures – General
§ 19.108.010. Types of Procedures.

The procedures to be utilized in changing and administering this Title include the following:

A. Legislative Procedures.

1. Text Change. Any ordinance or amendment changing the wording of this Title.

2. Zone Change. Any ordinance or amendment changing a zone boundary as shown on the Zoning Map (Section 19.104.060).

3. Adoption or Amendment of Standards. Procedure for approval of detailed standards required or authorized by provisions of this Title to supplement the ordinance regulations.

B. Administrative Procedures.

1. Interpretation. A means of resolving uncertainties or ambiguities in the meaning of any provision of this Title. Such interpretations are uniformly applicable to all subsequent situations in which the same set of circumstances is present. In addition, the interpretation procedure may be used to make minor adjustments of zone boundaries to conform to lot lines or to resolve uncertainty as to the precise location of a zone boundary.

2. Conditional Use Permit. A discretionary action concerning a specified land use and pursuant to criteria set forth in this Title, to determine whether such use will be permitted at a given location and to determine the conditions or limitations on development in each case.

3. Conditional Use Permit for Residential Condominium. Similar to the conditional use permit procedure described in subsection B.2 of this section, but with additional steps and requirements due to the special nature of a condominium development.

4. Site Plan Review. The review and conditional approval of development plans for specified categories of development or when required as a condition of approval under some other procedure, in order to ensure the intent of this Title is met with regard to site arrangement, functional effectiveness, landscape design, architectural quality, and other pertinent attributes.

5. Zoning Sign Permit. A review and approval of signing plans to ensure compliance with established standards in areas designated for special care and consistency in signing programs.

6. Underground Utilities Waiver. A means of waiving requirements for underground placement of utility lines when found to be impractical or an unnecessary hardship.

7. Adjustment. A simplified procedure for considering minor deviations from zoning regulations for reasons of practicality or improved design.

8. Zoning Compliance Review. A routine check to ensure that zoning requirements are met before some other permit is issued.

9. Interdepartmental Review. A simplified procedure for projects which do not require adjustments or deviations from the regulations set forth in this Title and meet the goals and policies of the General Plan.

10. Streamlined Ministerial Review. An implementation of Section 65913.4 of the Government Code by providing a streamlined review and approval process for qualifying affordable housing projects shall be processed via an Interdepartmental Review.

C. Quasi-judicial Procedures.

1. Variance. A determination, under criteria established in State law and this Title, allowing deviation from the literal application of regulations of this Title, in cases where the effect of the literal application of the regulations would produce results contrary to the intent of this Title, and would unequally discriminate against particular property because of unusual or unanticipated circumstances pertaining to such property.

2. Extension of Nonconformity Privilege. Procedure for changing the allowed time period during which a legal nonconforming situation may continue to exist in those cases where the standard time period set forth in this Division is found to be unreasonable. The procedure may also be applied to changes or expansions of nonconforming situations.

3. Revocation. Procedure for revoking any specific development approval when violations of zoning requirements or other laws are found to have occurred. § 19.108.020. Applications.

A. Form and Information Required. For all applications to initiate a procedure under this Division, the form of the application and the nature of the information to be submitted therewith shall be as prescribed by the Director for each type of application.

B. Acceptance.

1. The Director shall be responsible for the acceptance of all such applications. No application shall be accepted until:
a. All required information is submitted, including an environmental impact report when required (see Section 19.108.060);
b. At least six months has passed since final action on any previously denied application for substantially the same matter;
c. The required application fee has been paid.

2. As soon as possible, but in no case later than thirty days after receipt of an application, the Director shall determine in writing if such application is complete, and immediately transmit such determination to the applicant. If an application is determined not to be complete, the Director's determination shall specify the deficiencies and the manner in which the application can be made complete. (See California Government Code Sections 65943 and 65944.)

3. Upon determination that an application is complete and meets the requirements for acceptance, or expiration of the thirty-day period if no determination regarding completeness is made, the application shall be deemed accepted. (See California Government Code Section 65943.)
§ 19.108.030. Initiation by City.

When prescribed by provisions of this chapter for specific procedures, proceedings may be initiated by order of the City Council, Planning Commission, Director, or other public official or body so authorized. § 19.108.040. Interchangeability.

An application or other initiation of proceedings under any procedure set forth in this Division may be considered as an initiation of proceedings under any other procedure set forth in this Division; provided that, for each action taken, the procedural steps required for that action have been accomplished and the applicable fees paid. § 19.108.050. Fees.

A. A schedule of fees shall be adopted (and revised from time to time as deemed necessary) by resolution of the City Council. (See California Government Code Sections 66012, et seq.) B. When a proceeding is initiated by application or written request as authorized in this Title 19, a fee shall be paid to the City by the applicant or appellant in the amount set forth in the currently adopted schedule of fees.

C. No fee shall be required when a proceeding is initiated by action of an officer or official body of the City.

D. No fee shall be refunded except upon order of the City Council for good cause shown. § 19.108.060. Environmental Review.

A. For purposes of applying procedural time limits under this Division, a procedure will not be considered to have been initiated until one of the following has occurred pursuant to the California Environmental Quality Act:

1. Notice of completion of a draft environmental impact report has been filed;

2. Notice of a negative declaration has been made; or

3. The Director determines that the proposed zoning matter is exempt from, or does not constitute a project under, the California Environmental Quality Act.

B. If, after having determined otherwise, it is determined that either a negative declaration or an environmental impact report is required, or that a supplement to a draft environmental impact report is required, the running of time limits applicable to the zoning procedure shall be suspended until the applicable environmental review step has been accomplished.

C. Any hearing on an environmental impact report shall be held before or concurrently with the last hearing to be held on a zoning matter to which it relates.

D. Certification of final environmental impact report or adoption of a negative declaration, when required, shall be made prior to a final decision on a zoning matter. § 19.108.070. Investigation.

Except as otherwise directed by the City Manager, for each matter initiated under a procedure established by this Division, the Director shall cause an investigation to be made and a report prepared providing factual information and recommendations as appropriate for action in accordance with the provisions of this Division. (See California Government Code Section 65804 (d).)
Chapter 19.112 – Hearings
§ 19.112.010. Setting of Hearings.

A. Planning Commission Hearings.

1. Except for matters considered by or appealed from the Zoning Administrator, when a public hearing is required on a zoning matter, the first such hearing shall be held by the Planning Commission .

2. Except as otherwise provided in this Division, when a public hearing is to be held by the Planning Commission , the Director shall set the time and place for such hearing. The time of such hearing shall be at least ten days and not more than forty days after the acceptance of an application or the receipt of written notice or other instruction from the Planning Commission or City Council initiating the matter.

B. Council Hearings.

1. When a public hearing is required on a zoning matter following any decision or recommendation by the Planning Commission or Zoning Administrator, such hearing shall be held by the City Council.

2. Upon acceptance of an appeal, or receipt of a written report from the Planning Commission , Director, or Zoning Administrator on a matter required to be heard by the City Council, the City Clerk shall set the time and place for such hearing. The time of such hearing shall be at least ten days and not more than forty days after the end of the period for filing an appeal or after receipt of the report.
§ 19.112.020. Notice of Hearings.

A. Time. Notice of each public hearing shall be given at least ten calendar days before the date set for such hearing. (See California Government Code Sections 65854 and 65856.), except if a proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, notice of the hearing shall be given pursuant to Sections 65090 and 65091, except that the notice shall be published, posted, mailed, and delivered, or advertised, as applicable, at least 20 days before the hearing.

B. Content. Each notice of public hearing shall include the following information: (See California Government Code Sections 65854, 65854 (b) and 65856.)

1. Time and place of the hearing;

2. Who will conduct the hearing;

3. A general explanation of the matter to be considered, including the type and magnitude of any proposed changes in development or development regulations;

4. Identification of subject property and the area affected;

5. Where further information can be obtained;

6. A statement of the right to appear and be heard.

C. Publication of Notice. When newspaper publication of a notice of public hearing is required, such notice shall be published at least once in a newspaper of general circulation which is published and circulated in the City (or in the area affected if the matter is a pre-zoning of a proposed annexation to the City. (See California Government Code Sections 65854 and 65856.) D. Posting of Notice. Posting of notices of public hearing in the vicinity of property affected may be directed by the City Council or the Planning Commission, but shall not be required when notice is given by other means pursuant to this Division and State law.

E. Notice to Owners of Property Within Three Hundred Feet.

1. When notice of a public hearing is required to be given to owners of property located within three hundred feet of the subject property, such notice shall be made by delivery by City employees or by first class mail to all persons, including businesses, corporations, or other public and private entities, shown on the last equalized assessment roll as owning real property which is located within three hundred feet of the subject property. (See California Government Code Sections 65854 (a), 65901 and 65905.)

2. If the matter to be considered is a legislative matter as identified in Section 19.108.010, and the number of owners to whom notice would be sent pursuant to subsection E.1 of this section is greater than one thousand, notice may be given by either of the following methods in lieu of the method described in subsection E.1 of this section:
a. By placing a display advertisement of at least one-fourth page in a newspaper of general circulation in the area affected; or
b. By placing an insert in any generalized first class mailing sent by the City to property owners in the area affected. (See California Government Code Section 65854 (b).) F. Notice to Owners of Adjacent Property. When notice of a public hearing is required to be given to owners of adjacent property, such notice shall be made by delivery by City employees or by first class mail to all persons, including businesses, corporations, or other public and private entities, shown on the last equalized assessment roll as owning real property which is adjacent to the property or zone boundary directly involved in the matter under consideration.

G. Notice to Persons Requesting Notice. For all public hearings on zoning matters, in addition to other notices, notice shall be given by first class mail to any person who has filed a written request therefor with the Commission. Such a request shall be effective for the balance of the calendar year in which the request is submitted. A reasonable fee for this service may be established by the City Council for the purpose of recovering the cost thereof. (See California Government Code Sections 65854 and 65856.)
H. Responsibility for Giving Notice. The officers responsible for giving required notices of public hearings shall be as follows:

1. Notices of Zoning Administrator meetings and hearings shall be given by the Zoning Administrator.

2. Notices of Planning Commission hearings shall be given by the Commission secretary.

3. Notices of City Council hearings shall be given by the City Clerk. § 19.112.030. Conduct of Hearings.

A. Rules.

1. The City Council, Planning Commission, and Zoning Administrator shall adopt and publish rules for the conduct of their respective hearings or meetings on zoning matters. (See California Government Code Section 65804 (a).)

2. When a City staff report exists concerning a zoning matter, such report shall, if possible, be made available to the public prior to any subsequent public hearing on the matter and shall be presented and made a part of the public record at the beginning of any such hearing. (See California Government Code Section 65804 (c), (d).)
B. Continuance. Any hearing on a zoning matter may be continued from time to time and place to place, provided the time and place to which continued is announced prior to adjournment of the meeting from which continued. (See California Government Code Sections 65854 and 65856.) C. Record of Hearing. When a zoning matter is contested and a prior written request is made to the body conducting a hearing on the matter, a record of the hearing shall be made, preserved for a period of at least one year, and copies made available to any interested party at cost. A deposit may be required with such request. (See California Government Code Section 65804 (b).) Chapter 19.116 – Decisions
§ 19.116.010. Findings.

A. For each discretionary decision under a procedure prescribed by this Division, whether made by the City Council, Planning Commission, Director, or Zoning Administrator, written findings shall be adopted pertinent to the applicable criteria of State law and this Division based upon the investigation, hearings, and record of the case.

B. When decisions under more than one type of zoning procedure are being made concurrently with respect to the same subject property or subject matter, the findings and decision for each such procedure shall be separately identified.
§ 19.116.020. Form of Decision.

Except as otherwise required:

A. Decisions of the City Council and Planning Commission shall be made by either resolution or motion; B. Decisions of the Director or Zoning Administrator shall be in writing and signed by that official or an authorized deputy.
§ 19.116.030. Vote Required.

A. Except as otherwise required, actions on zoning matters by the City Council or Planning Commission shall require the concurring vote of a majority of the members present, with a quorum present.

B. In the case of an action by the City Council which is not in accordance with the recommendation of the Planning Commission, the concurring vote of a majority of all members of the Council shall be required.
§ 19.116.040. Time Limits.

A. On a zoning matter to be decided by the Zoning Administrator or Director, such decision shall be made within forty days after acceptance of the application or other initiation of the matter. An extension of this time limit may be made only with the consent of the applicant or body initiating the matter.

B. On a zoning matter initiated by application, the Planning Commission shall make its recommendation or decision within forty days after opening its first hearing on the matter or, if no hearing is held, within forty days after acceptance of the application. The Planning Commission may extend the time limit prescribed for its action only with the consent of the applicant and only to the extent such extension is not in conflict with other laws.

C. On a zoning matter initiated by the Planning Commission, the Commission shall act within one hundred eighty days of such initiation, or such other period as may be requested by the City Council.

D. On a zoning matter initiated by the City Council and referred to the Planning Commission, and on any matter referred back to the Commission by the City Council after previous consideration by the Commission, the Commission shall act within forty days after referral, or such longer period as may be set by the City Council. (See California Government Code Sections 65853 and 65857.) E. For any zoning matter initiated by the City Council, the Council shall act within one hundred eighty days of such initiation unless extended by the Council for good cause. For any other zoning matter presented to the City Council, the Council shall act within forty days after opening its first hearing on the matter; or, if no hearing is held on the matter, within forty days after the Council receives the matter; or, if referred back to the Planning Commission, within forty days after receipt of the Commission's report or within forty days after expiration of the Commission's time limit for such report.

The Council may extend the period for its action for good cause shown. § 19.116.050. Failure to Act.

A. Failure of the Director or Zoning Administrator to act on a zoning matter within a time limit prescribed by this Division shall be deemed to be a disapproval unless the time limit is extended by mutual agreement with the applicant or initiator of the matter.

B. On a zoning matter referred to the Planning Commission by the City Council, failure of the Planning Commission to act within a prescribed time limit shall be deemed to be an approval. (See California Government Code Section 65853.) On other matters, failure of the Commission to act within a prescribed time limit shall be deemed to be a disapproval upon the filing by the applicant of a written notice with the Director, even though the time limit may have been extended with consent of the applicant.

C. On a zoning matter under consideration by the City Council, failure of the Council to act within a prescribed time limit shall be deemed to be a disapproval upon the filing by the applicant of a written notice with the City Clerk, even though the time limit may have been extended. § 19.116.060. Notice of Decision.

A. For each decision on a zoning matter, within five working days after such decision is made, notice of the decision shall be sent by first class mail or delivered by a City employee to the applicant or other person initially requesting consideration of the matter and to any other person who has filed a written request for such notice with the officer responsible for giving such notice.

B. Responsibility for giving notice of decisions shall be as follows:

1. The Director and Zoning Administrator shall each give notice of their respective decisions.

2. The Planning Commission secretary shall give notice of Planning Commission decisions.

3. The City Clerk shall give notice of City Council's decision.

C. Upon the final approval of a zone change, conditional use permit, or variance, the responsible officer as identified above shall, within thirty days, and on behalf of the City Council, notify the County Assessor of the action. (See California Government Code Section 65863.5.) Chapter 19.120 – Appeals
§ 19.120.010. Appellate Authority.

A. Decisions of the Zoning Administrator shall be final unless appealed. Such appeal shall be made directly to the City Council. (See California Government Code Sections 65903 and 65904.) B. All decisions of the Director made under provisions of this Division are appealable to the Planning Commission.

C. All decisions of the Planning Commission are appealable to the City Council. § 19.120.020. Appellants.

Any interested party is eligible to file an appeal on any zoning matter which is subject to appeal. (See California Government Code Section 65856.)
§ 19.120.030. Time for Filing of Appeal.

An appeal must be filed within ten working days after the date of action by the Planning Commission or within ten working days after the date of decision by the Zoning Administrator or Director. § 19.120.040. Form of Appeal.

An appeal shall be in writing and shall include:

A. Identification of the matter being appealed, including case number, property location, deciding officer or body, and decision date;
B. The specific aspects of the decision being appealed. § 19.120.050. Receipt of Appeals.

A. All appeals on zoning matters shall be filed with the City Clerk together with any required appeal fee as set forth in the current schedule of fees adopted pursuant to Section 19.108.050. The City Clerk shall cause the date and time of receipt of each appeal to be endorsed thereon.

B. If the information included with an appeal is found by the City Clerk to be deficient, the City Clerk shall notify the appellant by U.S. certified mail as to the particulars of the deficiencies. If such deficiencies are not corrected within ten working days of such notice, the appeal shall be deemed withdrawn. § 19.120.060. Transmittal of Record upon Appeal.

Upon acceptance of an appeal, the City Clerk shall notify the Director, and the Director shall transmit to the appellate body a summary of factual data and a record of the action taken on the matter being appealed. Such information shall be before the appellate body prior to its consideration of the appeal. § 19.120.070. Consideration of Appeal.

Each appeal shall be considered de novo. Insofar as applicable and unless otherwise provided in this Title 19, the appellate body shall follow the same procedure and apply the same criteria as prescribed for the original proceeding on a matter. When an appeal hearing is required or held, notice shall be given in the same manner as prescribed for hearing in the original proceeding; or, if no previous hearing was required, in such manner as deemed appropriate by the appellate body.
§ 19.120.080. Appellate Decision.

An appellate body may affirm, modify, or reverse the decision appealed from. If the previous decision is not affirmed, the appellate decision shall be supported by written findings. § 19.120.085. City Council Review of Decisions of the Planning Commission.

A. Planning Commission actions may be reviewed by the City Council in the event that any member of the City Council believes that the action has city-wide importance and should be reviewed and determined by the elected officials of the City.

B. Within ten working days after the date of action by the Planning Commission, any member of the City Council may request that an action by the Planning Commission be reviewed by the City Council The Planning Commission decision will be stayed until the City Council completes its proceedings in accordance with the provisions of this section.

C. The City Clerk shall set the review hearing within forty days from the date a member of the City Council requests that the Planning Commission action be reviewed.

D. The review hearing shall be conducted as a de novo hearing and shall follow the same procedure and apply the same criteria as prescribed for the original proceeding on the matter. Notice of the review hearing shall be given in the same manner as prescribed for the hearing in the original proceeding, or, if no previous hearing was required, in such manner as deemed appropriate by the City Council.

E. The City Council may act to uphold, overturn, or otherwise modify the Planning Commission's action on the proposal, or the City Council may remand the matter back to the Planning Commission for further review and direction.

F. The decision of the City Council, supported by findings, shall be set forth in full in a resolution. A copy of the decision shall be sent to the applicant in the matter reviewed. The action of the City Council shall be final and conclusive.
§ 19.120.090. Irregularities in Proceedings.

Any irregularity in any procedure set forth in this Title 19 shall not invalidate the proceeding if there is compliance with the minimum requirements of state law.

Chapter 19.124 – Legislative Procedures
§ 19.124.010. Text Change.

A. Any ordinance or amendment to change or amend the provisions of this Title, except a change in the Zoning Map, shall be considered in accordance with the procedure set forth in this section.

B. Initiation. A text change may be initiated only by order of the City Council, Planning Commission ,or Director of Development Services.

C. Commission Hearing. On a proposed text change, at least one public hearing shall be held by the Planning Commission. Notice of such hearing shall be given by newspaper publication as provided in subsection C of Section 19.112.020. (See California Government Code Section 65854.) D. Commission Recommendation. The Planning Commission shall make written findings and recommendations to the City Council on each proposed text change. Such report shall include:

1. Explanation of the relationship to the General Plan and any applicable Specific Plans. (See California Government Code Section 65855.)

2. Consideration of the effect of the proposal on the housing needs of the region balanced against the public service needs of City residents and the fiscal and environmental resources available. (See California Government Code Section 65863.6.) E. Council Hearing.

1. The City Council shall hold at least one public hearing on the recommendation of the Planning Commission concerning a proposed text change. Notice of such hearing shall be given by newspaper publication as provided in subsection C of Section 19.112.020. (See California Government Code Section 65856.)

2. If the City Council proposes any modification from the Planning Commission recommendation which was not previously considered by the Commission, the proposal shall be referred back to the Commission for report and recommendation, but further Commission hearing is not required. (See California Government Code Section 65857.) F. Council Action. Action to adopt a text change shall be by ordinance. When an ordinance for a text change has been considered by the City Council but not adopted within one year of introduction, the proceedings shall be considered null and void. New proceedings must be initiated in order to consider the matter further.
§ 19.124.020. Interim Ordinances.

Without following the procedures otherwise required in order to amend this Title, including the Zoning Map, the City Council, to protect the public safety, health ,and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with a contemplated zoning proposal which the Council, Planning Commission, or Director is considering or studying or intends to study within a reasonable time, as provided by state law. (See California Government Code Section 65858.) § 19.124.030. Zone Change.

A. Any ordinance which changes any property from one zone designation to another shall be considered in accordance with the procedure set forth in this section.

B. Initiation. A zone change may be initiated by order of the City Council or the Planning Commission, or by application of the owner(s) of affected property or an agent of the owner(s) authorized in writing.

C. Commission Hearing. On a proposed zone change, at least one public hearing shall be held by the Planning Commission. Notice of such hearing shall be given by notice to property owners within three hundred feet as provided in subsection E of Section 19.112.020. (See California Government Code Section 65854.)
D. Commission Recommendation. The Planning Commission shall make written findings and recommendations to the City Council on each proposed zone change. Such report shall include:

1. Explanation of the relationship to the General Plan and any applicable Specific Plans (see California Government Code Section 65855);

2. Consideration of the effect of the proposal on the housing needs of the region balanced against the public service needs of City residents and the fiscal and environmental resources available. (See California Government Code Section 65863.6.) E. Further Action or Appeal.

1. If the Planning Commission recommends against a proposed zone change, no further action by the City Council is required unless an appeal is filed. (See California Government Code Section 65856.)

2. If the Planning Commission recommends approval of a zone change, the City Council shall take action on such recommendation.

F. Council Hearing.

1. If the City Council considers a proposed zone change, at least one hearing shall be held.

Notice of such hearing shall be given by notice to property owners within three hundred feet as provided in subsection E of Section 19.112.020. (See California Government Code Section 65856.)

2. If the City Council proposes any modification from the Commission's recommendation which was not previously considered by the Commission, the proposal shall be referred back to the Commission for report and recommendation, but further Commission hearing is not required. (See California Government Code Section 65857.)
G. Council Action. Action to adopt a zone change shall be by ordinance. When an ordinance for a zone change has been considered by the Council but not adopted within one year of introduction, the proceedings are considered null and void. New proceedings must be initiated in order to consider the matter further.
§ 19.124.040. Pre-zoning.

The City may pre-zone areas outside the City for the purpose of determining the zoning that will apply to such property in the event of annexation to the City. The method of accomplishing such pre-zoning is as provided in Section 19.124.030, with notice of public hearings as provided in subsection C of Section 19.112.020. Such zoning shall become effective at the same time that annexation becomes effective. (See California Government Code Section 65859.)
§ 19.124.050. Adoption or Amendment of Supplementary Standards.

A. When the provisions of this Title allow or require the use of standards to supplement the provisions contained in this Title, such standards shall be considered in accordance with the procedure set forth in this section.

B. Initiation. Preparation or amendment of supplementary zoning standards may be initiated by order of the City Council or the Planning Commission, or by the Director.

C. Preparation. The Director is responsible for preparing proposed standards for consideration.

D. Commission Hearing. A public hearing on proposed standards shall be noticed and held by the Planning Commission in the same manner as provided for a text change under subsection C of Section 19.124.010.

E. Commission Recommendation. After public hearing, the Planning Commission shall make its written report and recommendation to the City Council in the same manner as provided for a text change under subsection D of Section 19.124.010.

F. Council Hearing. Upon receipt of the recommendation of the Planning Commission, a public hearing shall be noticed and held by the City Council in the same manner as provided for a text change under subsection E of Section 19.124.010.

G. Council Action. After public hearing, the City Council shall, by resolution, adopt, modify and adopt, or disapprove the standards recommended by the Planning Commission, or refer the matter to the Commission for further study.

Chapter 19.128 – Administrative Procedures
§ 19.128.010. Administrative Interpretation.

A. The purpose of this section is to provide a means for resolving uncertainty or ambiguity as to the meaning or intent of any provision of this Title, including:

1. Further definition and enumeration of the uses permitted in the various zones;

2. Determination of parking space requirements for uses not specifically listed in the vehicular provisions of this Title 19;

3. Determination of the precise location of zone boundaries, or minor adjustment thereof to conform to lot lines.

B. Except in the case of zone boundary determinations, each interpretation made under this section is generally applicable to all future situations of the same type and with similar circumstances, and is not limited or directed to specific properties or circumstances thereon.

C. Initiation. The preparation of an interpretation may be initiated by order of the City Council or the Planning Commission, by the Director, or by the written request of any interested party filed with the Director. An interpretation shall not be initiated when a text change or zone change involving the same issue has been initiated and is still under consideration.

D. Basis for Interpretation. An interpretation shall be based upon an examination of the intent of this Title considering all the relevant provisions thereof, and shall be consistent with such intent. Careful consideration shall be given to the similarities and differences among the uses permitted, development standards, and other regulations applicable in the various zones.

E. Preparation. Within forty days after the initiation of an interpretation request, the Director shall prepare a written interpretation and transmit it to the City Council and Planning Commission.

F. Notice. Upon transmittal of an interpretation to the City Council and Planning Commission, public notice that such interpretation has been prepared shall be given in the same manner as for a text change (subsection C of Section 19.112.020), or in the case of a zone boundary determination, notice shall be made to owners of property adjacent to the involved boundary as provided in subsection F of Section 19.112.020. The notice shall explain that the interpretation may become effective without a hearing unless a written request for a hearing is received.

G. Commission Hearing and Action.

1. If a written request for a hearing is received from any interested party within ten working days after notice is made, the Planning Commission shall conduct such hearing. If no such request is made, the Commission may consider the matter without hearing, and the matter may be placed on the Commission agenda as a consent calendar item.

2. The Planning Commission may adopt, modify, or disapprove an interpretation as submitted by the Director, or may refer the matter back to the Director for further study. The Planning Commission shall act within forty days after transmittal of an interpretation from the Director, except that a referral back to the Director is considered as an initiation of an other interpretation.

3. Planning Commission action on an interpretation is final unless appealed. Failure to act is deemed to be an approval.

H. If the Planning Commission action on an interpretation is appealed, the City Council shall hear and decide the matter with notice given in the same manner as the initial notice under subsection F of this section.
§ 19.128.020. Conditional Use Permit.

A. Purpose. Certain types of uses and development situations, as designated in this Title, require special consideration of the unique circumstances of each case in order to ensure that the intent of this Title 19 is adequately implemented. Those developments subject to a conditional use permit shall follow the procedure set forth in this section.

B. Authority. The Planning Commission shall have authority to grant conditional use permits, subject to appeal to the City Council, except the Zoning Administrator shall have such authority for those conditional use permit matters involving existing facilities and development when not more than a twenty percent expansion of floor area is involved. In case of uncertainty as to assignment of authority over a specific application, the Director shall determine which body shall have jurisdiction.

C. Initiation. A conditional use permit procedure may be initiated only by application of the owner(s) (or authorized agent) of the subject property.

D. Hearing. A public hearing shall be held on each application for a conditional use permit, with notice given to property owners within three hundred feet as provided in subsection E of Section 19.112.020.

The hearing shall be conducted by the Planning Commission or Zoning Administrator, whichever has jurisdiction in the case.

E. Findings.

1. A conditional use permit may be approved if affirmative findings are made based upon the following criteria:
a. The proposed use and development is consistent with the General Plan and any applicable specific plans;
b. The site is adequate in size, shape, topography, location, utilities, and other factors, to accommodate the use and development;
c. Adequate street access and traffic capacity are or will be available to serve the proposed development as well as existing and anticipated development in the surrounding area;
d. Adequate utilities and public services are or will be available to serve the proposed development as well as existing and anticipated development in the surrounding area; e. The use and development will be compatible with the intended character of the area; f. Any criteria set forth elsewhere in this Title for the approval of the specific use and development will be satisfied, including:
(i) For certain specific uses, those criteria set forth in Chapters 19.348, 19.448,

19.552, and 19.652,
(ii) For uses in the PD Overlay Zone, those additional criteria set forth in Sections 19.412, 19.512.020, and 19.612;
g. Any adverse effects of the use and development are justified and fully balanced by offsetting benefits to the public interest.

2. A conditional use permit may be disapproved if affirmative findings based on the above criteria are not made or conditions cannot be imposed to adequately mitigate any adverse findings.

F. Conditions.

1. Any approval of a conditional use permit shall include conditions applicable to the approved use and development which will implement the intent of this Title, protect the public health, safety, and welfare, and ensure development in accordance with approved plans.

2. No condition shall be imposed which requires the dedication of land or the construction of improvements, or bonding to guarantee construction of improvements, if such dedication or improvements are not reasonably related to the use permitted. (See California Government Code Section 65909.)
G. Decisions.

1. The action of the Planning Commission or Zoning Administrator is final unless appealed in writing to the City Clerk within ten working days.

2. The effective date of such approval shall commence upon the date that the applicant files an acceptance of the terms of the approval with the Director, but in no case prior to the expiration of the appeal period.

H. Minor Modification of Conditions.

1. After a conditional use permit has become effective, minor modifications of the conditions of such permit may be made in accordance with the provisions of this subsection.

2. Consideration of minor modifications of conditions may be initiated only by application of the owner(s) (or authorized agent) of the subject property.

3. Upon acceptance of such application, the Director may approve, in writing, and without further procedure, minor modifications of conditions for reasons of practicality or improved design, but shall apply the same criteria and requirements applicable to the conditional use permit, and shall not approve any modification which would be inconsistent with the approved conditional use permit.

4. Upon making such approval, the Director shall promptly notify the applicant and the members of the City Council and Planning Commission of his or her action.

5. The Director's determination is final unless appealed, but does not become effective unless and until a written acceptance thereof is received from the applicant.

6. In case of an appeal, a public hearing shall be held by the Planning Commission, with notification and payment of fees to be the same as for a conditional use permit. The action of the Planning Commission is subject to further appeal to the City Council in the same manner as for a conditional use permit.

I. Expiration. A conditional use permit shall expire if:

1. Construction or use of the property under permit is not commenced within one year after the expiration of the appeal period or Council decision date if appealed unless otherwise provided within the terms of the approval;

2. Any provision in the permit for termination of the use becomes effective;

3. The use is discontinued for a period of six months;

4. A zone change or text change becomes effective which results in the use or development becoming either automatically permitted or no longer eligible for approval under a conditional use permit. This provision shall apply to all conditional use permits whether issued prior to or after the effective date of this provision;

5. A more recently approved conditional use permit becomes effective for the same property.

J. Extension.

1. An application to extend the time period before a conditional use permit expires may be filed by the owner(s) (or authorized agent) of the subject property prior to the expiration of such permit.

2. A first-time extension may be granted by the Director in accordance with the provisions of Section 19.128.100.

3. For any additional extension, the approving body, or City Council on appeal, may grant extensions of such time period for up to one year for each extension if the earlier expiration of the permit is found to present an undue hardship with respect to implementing the approved use and development of the property and such extension would not be materially detrimental to the public health, safety, and welfare.
§ 19.128.030. Conditional Use Permit for Residential Condominium Development.

A. A residential condominium development (new construction or conversion of existing development) is subject to the conditional use permit procedure as provided in Section 19.128.020, the State Subdivision Map Act (see California Government Code Section 66427.1), and the additional and modified procedural elements as provided in this section.

B. Pre-application (For Conversions Only).

1. A prospective applicant for a conversion to a residential condominium shall first obtain preapplication information from the City's Planning and Building divisions, and submit to the divisions the information requested.

2. The Planning and Building division staff shall review the information submitted to evaluate the conformity of the proposal with City requirements. The staff shall discuss its findings with the applicant and provide a written summary. In no case, however, shall the staff comments be construed as binding upon any prospective action by the City.

3. The application for a residential condominium conversion shall be for essentially the same project as presented in the pre-application except for any changes accepted by the applicant to meet in whole or in part the results of the pre-application staff evaluation. If other substantial changes from the pre- application proposal are proposed, another pre-application evaluation shall be accomplished before acceptance of the application.

C. Notice of Proposed Conversion.

1. When a condominium conversion is proposed, the following information shall be included with the application for conditional use permit:
a. Certification that all tenants have been notified of the prospective application between 15 and 90 days prior to filing thereof;
b. Copy of such notice to tenants;
c. Certified list of mailing addresses of all units in the existing development proposed to be converted.

2. Between 10 and 40 days prior to the Planning Commission hearing on a proposed condominium conversion, the Planning Commission secretary shall give notice of the hearing to tenants of the existing development by mail to the addresses on the certified list.

D. Criteria. The criteria for approval of a residential condominium project shall include the following:

1. The project design shall provide long-term attractiveness and stability both within the project and in the neighborhood.

2. The special standards for condominium projects as provided in Section A. 19.448.030 are substantially met.

E. Criteria for Conversion. The following additional criteria shall be applied in considering conversions:

1. The conversion will not produce a shortage of rental housing with respect to the family sizes and income levels of the households being accommodated in the existing development.

2. The overall vacancy rate for rental housing in the City will not be reduced below 3 percent.

3. The conversion will not cause unreasonable displacement of residents, especially long-term residents, low and moderate income families, senior citizens, and families with schoolchildren.

F. Conditions. In addition to the requirements set forth in this Title (Section 19.448.030) for residential condominiums, additional conditions may be imposed to:

1. Ensure compatibility with surrounding development and uses;

2. Protect the long-term economic and organizational soundness of the condominium project and its association of owners;

3. Preserve the public health, safety, and welfare.
§ 19.128.040. Site Plan Review.

A. Authority.

1. Any development of a type listed below shall not be commenced, nor any City permit issued until a site plan showing the proposed development has been submitted for review and approved as provided in this section:
a. Construction of a new building exceeding 500 square feet in floor area, excluding single-family residences;
b. Exterior alterations to an existing building; other than those alterations allowed under an interdepartmental reviewpursuant to Section 19.128.100; c. Provisions for any new or additional parking facilities; d. The erection of any fence greater than 7 feet in height; h. Installation of any exterior exposed neon or unshaded bulb architectural building lighting within the CO, CS, CG zones and any specific plan area;

1. The following shall not require site plan review:
a. The construction or placement of solar equipment;
b. Any development in the AR zone;
c. Accessory dwelling units.

2. The Zoning Administrator shall consider and act upon site plan review matter when it is submitted in connection with:
a. A development for which some other type of application under the jurisdiction of the Zoning Administrator is under consideration;
b. A multi-family residential development of less than 5 units; c. Changes of 40 percent or less in the existing floor area of each building involved;

3. The Zoning Administrator shall conduct a site plan review according to the same procedure as provided for a zoning adjustment under Section 19.128.080.

4. Any site plan review not under the jurisdiction of the Zoning Administrator shall be considered by the Planning Commission according to the procedure set forth in this section, except that when a site plan review is conducted in conjunction with consideration of a conditional use permit, variance, relocation permit (under Title 15), or similar proceeding, a separate application, fee, and proceeding is not required and the considerations and determination required under this section shall be included in such other proceeding.

B. Criteria. Action on a site plan review is based upon the following criteria:

1. The proposed development meets all applicable requirements of this Title and other laws;

2. The site arrangement and improvements will not be detrimental to the existing and intended character of the area as defined by the General Plan, any applicable specific plans, and this Title;

3. Effective and satisfactory methods are provided to protect nearby structures and activities from noise, vibration, and other adverse environmental effects generated by the subject development;

4. The exterior architectural design is in reasonable harmony with the architectural character of the area;

5. The arrangement and design for pedestrian and vehicular traffic will minimize congestion and protect pedestrian and vehicular safety.

C. Decision.

1. The Planning Commission or Zoning Administrator shall act upon a site plan review within forty days after the application has been accepted unless this time limit is extended with the consent of the applicant.

2. A site plan may be approved, approved with conditions found necessary to protect the public health, safety, and welfare, or disapproved based upon findings that the requirements and intent of this Title are not satisfied.

3. The action of the Planning Commission or Zoning Administrator is final unless appealed in writing to the City Clerk within 10 working days.

4. The effective date of such approval shall commence upon the date that the applicant files an acceptance of the terms of the approval with the Director, but in no case prior to the expiration of the appeal period.

D. Appeal. If appealed, a site plan review matter shall be placed on the agenda of the next regular Planning Commission meeting. The Commission shall act on the matter at this meeting or a continuance thereof in the same manner as provided for Commission action.

E. Endorsement. Upon approval of a site plan under the site plan review procedure, the Director shall cause the plan or plans to be endorsed and if necessary supplemented with written or graphic documents in such a way as to clearly identify the matters approved.

F. Revisions.

1. After a site plan has become effective, minor modifications of the conditions of such permit may be made in accordance with the provisions of this subsection.

2. Consideration of minor modifications of conditions may be initiated only by the application of the owner(s) (or authorized agent) of the subject property.

3. Upon acceptance of such application, the Director may approve, in writing, and without further procedure, minor modification of conditions for reason of practicality or improved design, but shall apply the same criteria and requirements applicable to the site plan, and shall not approve any modification which would be inconsistent with the approved site plan. Upon making such approval, the Director shall promptly notify the members of the City Council and Planning Commission of his or her action.

4. The Director's determination shall be final unless appealed, but does not become effective unless and until a written acceptance thereof is received from the applicant.

5. In case of an appeal, a hearing shall be held by the Planning Commission, with notification and payment of fees to be the same as for a site plan. The action of the Planning Commission is subject to further appeal to the City Council in the same manner as for a site plan.

G. Expiration.

1. If development in accordance with an approved site plan is not commenced within 1 year after the approval of the approving body, the approval shall expire unless extended as provided under subsection H of this section.

2. If this Title is amended after a site plan has been approved, and such amendment no longer permits the development as approved, the development nevertheless may be carried out if started before expiration of approval, but any features not in compliance with the amended provisions of this Title are subject to the non-conformity provisions of this Title. Upon request of the property owner(s), the Director may modify a site plan approval to the extent necessary to conform to the amended provisions of this Title.

H. Extension.

1. An application to extend the time period before a site plan expires may be filed by the owner(s) (or authorized agent) of the subject property prior to the expiration of such permit.

2. A first-time extension may be granted by the Director in accordance with the provisions of Section 19.128.100.

3. For any additional extension, the approving body, or City Council on appeal, may grant extensions of such time period for up to 1 year for each extension if the earlier expiration of the permit is found to present an undue hardship with respect to implementing the approved use and development of the property and such extension would not be materially detrimental to the public health, safety, and welfare.
§ 19.128.050. Zoning Sign Permit.

A. Authority. Action on zoning sign permits is based upon compliance with the provisions of this Title and any sign guidelines or standards adopted for the area of the subject property pursuant to Section

19.904.060.
§ 19.128.060. Underground Utilities Waiver.

A. Authority. Except for underground utilities waivers permitted for single family homes in accordance with Section 19.128.100, the Zoning Administrator may, after consideration at a public meeting, waive requirements for undergrounding if the required findings outlined in subsection C of this section can be found. The decision of the Planning Commission may be appealed in writing to the City Clerk within 10 working days.

B. Initiation. Consideration of a waiver under this section may be initiated only by application of an owner(s) (or authorized agent) of the subject property.

C. Criteria. A waiver under this section may be granted if it is found that topography, soil, or other conditions are such that the required undergrounding of utility facilities would constitute an unnecessary hardship inconsistent with purposes of the undergrounding requirements. § 19.128.070. [RESERVED]
§ 19.128.080. Adjustment.

A. Purpose. The purpose of the zoning adjustment procedure is to provide a simplified means of considering, for practical reasons, nondetrimental minor deviations from certain development standards set forth in this Title when applied to alterations of existing development.

B. Authority.

1. When considered in conjunction with an application for site plan review, conditional use permit, variance, or similar procedure, a zoning adjustment may be acted upon by the officer or body having jurisdiction over such other application. In all other cases, a zoning adjustment shall be considered and acted upon by the Zoning Administrator, subject to appeal to the City Council.

2. The types of matters which may be considered under a zoning adjustment and the maximum allowable deviation from the requirement of this Title, are as follows:
a. Building Height. Increase in allowable height of building or structure: 20 percent; b. Yards and Permitted Encroachments. Encroachment of a single- family dwelling or accessory building into a required yard:
(i) Front yard encroachment: no more than 20 percent linear feet, (ii) Side yard encroachment: no more than 20 percent linear feet, (iii) Rear yard encroachment: no more than 20 percent linear feet, (iv) Addition to existing structure which is nonconforming as to yard encroachment: 500 square feet and no more than existing encroachment distance or 2 feet, whichever is less,
(v) Rear yard coverage: a maximum of 40 percent of the required rear yard; provided, that the total lot coverage does not exceed 40 percent, (vi) Rear yard coverage for properties located on a corner with an existing garage within the required rear yard: a maximum of 55 percent of the required rear yard; provided that an area equivalent to the required rear yard is provided within one of the required side yards of the property together with that portion of the required rear yard that is adjacent to the required side yard and that the total lot coverage does not exceed 40 percent. No portion of the structure exceeding the code prescribed 30 percent rear yard coverage shall be greater than 1 story in height;
c. Driveway Width. Reduction in width of required accessway: 10 percent; d. Required Parking Spaces. Reduction of not more than two parking spaces in the number of required spaces in any commercial or industrial zone; e. Fence Height.
(i) Residential fence height up to 50 percent greater than permitted height but not more than eight feet total height,
(ii) Fence up to 6 feet in height located in a required side or rear yard abutting a street for commercial and industrial zones, under the following criteria:

1. Yard shall be located along a Commuter Arterial or Local Street, as defined within the Circulation Element of the General Plan.

2. Fence shall be for the sole purpose of securing a parking area that is developed to City standards and where the parking is permitted within the required yard.

3. Fence shall not be view-obscuring.

4. Fence shall have a minimum 10-foot setback from the street property line.

C. Initiation. Consideration of a zoning adjustment may be initiated only by the owner(s) (or authorized agent) of the subject property.

D. Meeting. Each application for a zoning adjustment shall be considered at a public meeting. When considered by the Zoning Administrator, such meeting shall be held not more than 40 days after acceptance of the application, and the determination shall be made at the meeting or a continuance thereof. Any extension of time for the decision shall be only with the consent of the applicant.

E. Criteria. The determination of a zoning adjustment is based on the following criteria:

1. There are practical reasons or benefits of improved design which justify the deviation from the prescribed standards;

2. The adjustment, with any conditions imposed, will provide equal or better protection to adjacent property;

3. The adjustment is not in conflict with the objectives of the General Plan, any applicable Specific Plan, or the intent of this Title.

F. Decision. The officer or body acting upon a zoning adjustment may approve, deny or approve with reasonable conditions. The initial determination on an adjustment is final unless appealed. § 19.128.090. Zoning Compliance Review.

A. Prior to the issuance of any building permit, sign permit, or permit for any exterior mechanical equipment including air conditioning equipment and solar equipment, and prior to the construction of any residential fence or other development feature specifically made subject to this section, the proposed development plan shall be submitted to the Director for review as to compliance with the provisions of this Title and any standards adopted pursuant to Section 19.124.050.

B. Construction and placement of solar equipment, and alteration of single-family dwellings, including manufactured dwellings, on foundations, shall be reviewed under this section for compliance with standards of architectural compatibility with structures in the immediate area, including consideration of roof overhang and roof and siding materials. (See California Government Code Sections 65850.5 and 65852.3.)
C. Certification. Upon finding that a proposed development conforms to all requirements of this Title and standards adopted under this Title, zoning compliance shall be certified as follows:

1. For a sign copy change: by endorsement on a graphic representation of the approved copy;

2. For a sign installation other than a mere copy change: by endorsement on plans for the approved installation and issuance of an identification sticker which is required to be attached to and maintained on the sign structure in a visible location;

3. For all other cases: by endorsement on the approved plans or permit application. § 19.128.100. Interdepartmental Review.

A. Purpose. The purpose of the interdepartmental review process is to provide a procedure for the expeditious review and approval of projects listed in Sections 19.128.100.B.1. Projects subject to the interdepartmental review process do not require adjustments or deviations from the regulations set forth in this Title and meet the goals and policies of the general plan.

B. Authority.

1. Any development of a type listed below shall not be commenced, nor any City permit issued therefore, until an interdepartmental review application has been submitted for review and approved as provided in this section:
a. Construction of unenclosed accessory structures in the commercial and industrial zones, including, but not limited to, covered parking areas and loading docks, provided that:

1. The accessory structure does not result in the loss of required on-site parking spaces; and

2. The accessory structure is located to the rear of the primary structure and not visible from a public street.
b. Minor exterior alterations to an existing building, provided that any new/added building square footage is less than 500 square feet.

1. Minor exterior alterations include new store-fronts window systems, new or removed windows or awnings or changes to more than 25% of the exterior materials;

2. Minor modifications to building entrances and exits; or changes to less than 25% of the exterior materials are not subject to Interdepartmental Review and shall be processed ministerially.
c. Minor revisions to existing parking facilities, provided that the total number of parking spaces is not reduced. Minor revisions include, but are not limited to, relocation of parking spaces and landscaped areas, restriping, and placement of required trash enclosures.
d. The installation of a fence within a required yard abutting a street for multi-family residential developments in the RM-10 or RM-20 zones. A permitted fence for a multifamily development in the RM-10 or RM-20 zones shall be reviewed pursuant to Chapter 19.428 (Development Standards—Fences, Walls, Hedges, and Berms) and the City of Buena Park's Architectural Design Guidelines. For other permitted uses in the RM-10 or RM-20 zones, the installation of fences shall be reviewed pursuant to Chapter 19.428 (Development Standards—Fences, Walls, Hedges, and Berms) and Section 19.128.090 (Zoning Compliance Review).
e. The installation of a security gate for multi-family residential developments in the RM zones, provided that the required number of on- site parking spaces is not reduced.

Permitted security gates shall be reviewed pursuant to the City of Buena Park's Architectural Design Guidelines.
f. Waiver of underground utilities for a new single-family home located in the RS zones, provided that:

1. Within 500 feet, the majority of the surrounding developed lots do not have underground facilities; and

2. It is not feasible or possible to obtain easement areas to accommodate said underground facilities.
g. One extension of time, beyond the original effective date, may be granted by the Director for up to one year for an approved conditional use permit (as defined by Section 19.128.020) and an approved site plan (as defined by Section 19.128.040) provided that:

1. The applicant can demonstrate an undue hardship with respect to implementing the said project; and

2. Such extension will not be materially detrimental to the public health, safety, and welfare; and,

3. Said project complies with the provisions of the General Plan, applicable Specific Plans, and as set forth in this Title at the time the extension is requested. Subsequent requests of extensions of time shall be considered by the Planning Commission or City Council in accordance with the aforementioned Sections.
h. Soil decontamination equipment, mechanical equipment, above ground storage tanks, and silos, as an incidental use, at an operating business in commercial and industrial zones, provided that the aforementioned equipment, tanks, or silos are:

1. Completely screened from view by a block wall, fencing, or an existing on-site building. Screening must be architecturally consistent with the facility in terms of design type and colors;

2. Located to the rear of the primary structure;

3. Situated so that existing on-site vehicular circulation and landscaped areas are not adversely impacted, and the required number of on-site parking spaces is not reduced.
i. Conversion of existing carports to garages in the RM-10 and RM-20 zones, provided that:

1. The required number of on-site parking spaces is not reduced.

2. The improvements conform to the provisions set forth in Chapter 19.436 (Development Standards—Vehicular Provisions) and the City of Buena Park's Architectural Design Guidelines.
j. Use of chain link as a fencing material in zones and locations as specified and permitted under subsection B.4 of Section 19.528.030.
k. Façade-mounted and roof-mounted wireless telecommunications facilities as regulated by Chapter 19.1220 of the Buena Park Zoning Ordinance.
l. Approval for HIOZ residential/ mixed-use development, Housing Opportunity Overlay and Religious/Congregational/Fraternal Overlay (refer to Ordinance 1733) C. Initiation. The interdepartmental review process may be initiated only by application of the owner(s) (or authorized agent) of the subject property.

D. Application and other required submittal information. An application and any other information deemed necessary shall be submitted to the Director a minimum of 10 working days prior to the anticipated activation of the requested use.

E. Criteria. Action on an interdepartmental review application is based upon the following criteria:

1. The proposed development meets all applicable requirements of this Title and other laws;

2. The site arrangement and improvements will not be detrimental to the existing and intended character of the area as defined by the General Plan, any applicable specific plans, and this Title;

3. Effective and satisfactory methods are provided to protect nearby structures and activities from noise, vibration, and other adverse environmental effects generated by the subject development;

4. The exterior architectural design is in reasonable harmony with the architectural character of the area;

5. The arrangement and design for pedestrian and vehicular traffic will minimize congestion and protect pedestrian and vehicular safety.

F. Investigation. Upon determination by the Director, copies of the application and any attachments shall be forwarded to every City department which would or could be affected by such use, whereupon each department shall investigate and respond in writing to the Director with recommendations on the application.

G. Decision.

1. An interdepartmental review application may be approved, approved with conditions found necessary to protect the public health, safety, and welfare, or disapproved based upon findings that the requirements and intent of this Title are not satisfied.

2. The action of the Director is final upon written acceptance of the action by the applicant, unless appealed in writing to the Secretary of the Planning Commission. Any appeal of the decision must be filed within ten working days of the Director's action.

3. The effective date of such approval shall commence upon the date that the applicant files an acceptance of the terms of the approval with the Director.

H. Appeal. In case of an appeal, a hearing shall be held by the Planning Commission, with notification and payment of fees to be the same as for a site plan. The action of the Planning Commission is subject to further appeal to the City Council in the same manner as for a site plan.

I. Endorsement. Upon approval of an interdepartmental review application under the interdepartmental review procedure, the Director shall cause the plan or plans to be endorsed and if necessary supplemented with written or graphic documents in such a way as to clearly identify the matters approved.

J. Revisions.

1. Consideration of minor modifications of conditions may be initiated only by the application of the owner(s) (or authorized agent) of the subject property.

2. Upon acceptance of such application, the Director may approve, in writing, and without further procedure, minor modification of conditions for reason of practicality or improved design, but shall apply the same criteria and requirements applicable to the interdepartmental review application, and shall not approve any modification which would be inconsistent with the approved interdepartmental review application.

3. The Director's determination shall be final unless appealed, but does not become effective unless and until a written acceptance thereof is received from the applicant.

4. In case of an appeal, a hearing shall be held by the Planning Commission, with notification and payment of fees to be the same as for a site plan. The action of the Planning Commission is subject to further appeal to the City Council in the same manner as for a site plan.

K. Expiration.

1. If development is not commenced within one year after the approval of an interdepartmental review application, said approval shall expire.

2. If this Title is amended after an interdepartmental review application has been approved, and such amendment no longer permits the development as approved, the development nevertheless may be carried out if started before expiration of approval. However, any features which are not in compliance with the amended provisions of this Title are subject to the nonconformity provisions of this Title. Upon request of the property owner(s), the Director may modify an interdepartmental review approval to the extent necessary to conform to the amended provisions of this Title.

L. Extension.

1. An application to extend the time period before a interdepartmental review expires may be filed by the owner(s) (or authorized agent) of the subject property prior to the expiration of such permit.

2. A first-time extension may be granted by the Director in accordance with the provisions of Section 19.128.100.

3. For any additional extension, the Planning Commission, or City Council on appeal, may grant extensions of such time period for up to 1 year for each extension if the earlier expiration of the permit is found to present an undue hardship with respect to implementing the approved use and development of the property and such extension would not be materially detrimental to the public health, safety, and welfare.
§ 19.128.110. Streamlined Ministerial Review.

A. For projects located within MUO-45, MUO-60, MUO-100, HOO, and RCFO of the Housing Incentive Overlays (HIO), please refer to Section 1.6.1 of Ordinance No. 1733.

B. For projects located within the HMCO of the Housing Incentive Overlays (HIO), please refer to Section 5.4 of Ordinance No. 1733.

Chapter 19.132 – Quasi-Judicial Procedures
§ 19.132.010. Variance.

A. Purpose and Scope.

1. The variance procedure is provided for the purpose of considering deviations from the strict application of the requirements of this Title in those special circumstances where the literal requirements unintentionally discriminate against a particular property because of unusual and unanticipated circumstances. In such circumstances, a variance may be granted to correct an inequity, but may not be used to grant any special privilege.

2. A variance may be granted from any provision of this Title, except that a variance shall not be granted which allows a lot or a structure to be used for a purpose not permitted under the applicable zone classification. (See California Government Code Section 65906.) B. Authority.

1. The Zoning Administrator shall consider and decide upon variances which do not exceed the following limitations:
a. Changes or additions to existing residential structures or development, provided there is no increase in the number of dwelling units;
b. New construction or alteration of existing nonresidential structures or development not involving an increase in gross floor area on a lot of over twenty thousand square feet.

2. All other applications for variance shall be considered by the Planning Commission.

C. Initiation. A variance may be initiated only by application of the owner(s) (or authorized agent) of the subject property.

D. Hearing and Notice.

1. If considered by the Zoning Administrator, a variance matter shall be considered at a public hearing conducted by the Zoning Administrator. If considered by the Planning Commission, at least one public hearing shall be held by the Planning Commission.

2. Notice of such hearing shall be given to property owners within three hundred feet as provided in subsection E of Section 19.112.020. (See California Government Code Section 65901.) E. Criteria and Findings. A variance may be granted only if all of the following criteria are satisfied:

1. There are special circumstances applicable to the subject property such as size, shape, topography, location, or surroundings which result in the strict application of the requirements of this Title depriving the property of privileges enjoyed by other properties in the same zone and vicinity (see California Government Code Section 65906);

2. The variance will not grant special privileges to the subject property not enjoyed by other properties in the same zone and vicinity (see California Government Code Section 65906);

3. The variance will not produce results detrimental to the public health, safety, or welfare and will not be injurious to other property in the vicinity;

4. The variance will not be contrary to the objectives of the general plan, any applicable specific plan, or the intent of this Title.

F. Conditions—Effective Date.

1. If approved, a variance shall include conditions to ensure that the above criteria and limitations upon a variance are satisfied.

2. No condition may be imposed requiring any dedication of land, construction of improvements, or bonding to guarantee construction of improvements, if such dedication or improvements are not reasonably related to the development and use of the subject property. (See California Government Code Section 65909.)

3. The effective date of such approval shall commence upon the date that the applicant files an acceptance of the terms of the approval with the Director, but in no case prior to the expiration of the appeal period.

4. The action of the Planning Commission or Zoning Administrator is final unless appealed in writing to the City Clerk within ten working days.

G. Minor Modification of Conditions. After a variance has become effective, minor modification of the conditions of such variance may be made by the Director in the same manner as for a conditional use permit (subsection H of Section 19.128.020) except that the applicable criteria shall be those provided for a variance rather than those for a conditional use permit.

H. Expiration. A variance shall expire if:

1. Construction or use of the property under permit is not commenced within one year after the expiration of the appeal period or council decision if appealed, unless provided for within the terms of the approval;

2. Any provision in the variance for termination of the use becomes effective;

3. The use is discontinued for a period of six months,

4. The development is changed so that the variance is no longer required;

5. A zone change or text change becomes effective which results in the development permitted by variance becoming automatically permitted. This provision shall apply to all variances whether issued prior to or after the effective date of this provision.

I. Extension.

1. An application to extend the time period before a variance expires may be filed by the owner(s) (or authorized agent) of the subject property prior to the expiration of such variance.

2. The approving body, or City Council on appeal, may grant extensions of such time period for up to one year for each extension if the earlier expiration of the variance is found to present an undue hardship with respect to implementing the approved use and development of the property and such extension would not be materially detrimental to the public health, safety, and welfare.
( Ord. 1405 § 5, 2000)
§ 19.132.020. Extension or Termination of Nonconforming Privilege.

A. Purpose. The procedure provided in this section provides for varying the requirements relating to the continuation, extension or termination of nonconforming situations in specific cases which require such adjustment in order to achieve an equitable balance between private property rights and the public interest. The possible applications of this procedure are:

1. Extension of time beyond the standard termination date required for reasonable amortization;

2. Expansion of the area devoted to nonconforming use on the same site and within an existing building;

3. Change of a nonconformity to another nonconformity of equal or less severity;

4. Termination of a substantially detrimental nonconformity earlier than otherwise required.

B. Initiation. An extension, expansion, or change in a nonconformity privilege may be initiated only by application of the owner(s) (or authorized agent) of the subject property. The termination of a nonconformity may be initiated by order of the City Council, Planning Commission, or by the Director of Community and Economic Development. When such proceeding for a termination is initiated, the owner(s) of the subject property shall be notified by registered mail or in the manner of a summons.

C. Hearing. At least one public hearing shall be held by the Planning Commission on any proposed extension, expansion, change, or termination of a nonconformity. Notice shall be given to property owners within three hundred feet as provided in subsection E of Section 19.112.020.

D. Findings and Decision. To approve, in whole or in part, an extension, expansion, change, or termination of a nonconformity privilege, it is found that balancing of the public interest and the vested interests of the owner(s) of the subject property requires deviation from the standard nonconformity regulations.

E. Conditions. Conditions shall be imposed upon any grant of an extension, expansion, or change in a nonconformity privilege in order to assure that an equitable balance of the public interest and the vested interests of the owner(s) of the subject property is maintained.

F. Appeal. The decision of the Planning Commission on an extension, expansion, change, or termination of a nonconformity privilege is final unless appealed.

G. Minor Modification of Conditions. After a decision under this section has become effective, minor modification of conditions may be considered by the Director in the same manner as for a conditional use permit (subsection H of Section 19.128.020) except that the applicable criteria shall be those provided for the extension, expansion, or change of a nonconformity privilege rather than those for a conditional use permit.
§ 19.132.030. Revocation.

A. Authority. Conditional use permits, site plan approvals, variances and extensions, expansions or changes (but not early terminations) of nonconformity privileges may be revoked by the Planning Commission pursuant to this section.

B. Initiation. A revocation under this section may be initiated by:

1. Order of the City Council or Planning Commission;

2. Application of any person damaged or adversely affected by the continuation of circumstances existing on property subject to a conditional use permit, variance, or nonconformity privilege;

3. The Director of Community and Economic Development.

C. Notice to Owner(s). Upon initiation of proceedings under this section, notice shall be given to the owner(s) of the subject property by registered mail or in the manner of a summons.

D. Commission Hearing. At least one public hearing shall be held by the Planning Commission on a matter initiated under this section. Notice of such hearing shall be to property owners within three hundred feet as provided in subsection E of Section 19.112.020.

E. Criteria. The decision on a matter being considered under this section is based upon the following criteria:

1. Approval of the use or development was obtained by fraud;

2. The use or development is being or recently has been conducted in violation of the terms of a permit, the requirements of this Title, or other law;

3. The use or development is being conducted in a manner detrimental to public health, safety or welfare, or is a nuisance.

F. Decision. The decision of the Planning Commission on a matter pursuant to this section is final unless appealed to the City Council.

Chapter 19.136 - Applicability of Regulations
§ 19.136.010. Property Affected.

The provisions of this Title shall apply, to the extent permissible under other laws, to all property within the City, whether such property is in public or private ownership; except that streets, alleys, and walkways which are dedicated for public use shall be regulated under the provisions of Title 12. § 19.136.020. Persons Affected.

The provisions of this Title shall apply, to the extent permissible under other laws, to all persons, agencies, and organizations, both public and private; except that in circumstances where an overriding public interest is found to be served by an action or development to be undertaken by a public agency, the City Council may waive the requirements of this Title to the extent deemed necessary. § 19.136.030. Activities Affected.

A. New or Changed Development or Use. Each provision of this Title shall apply, to the extent permissible under other laws, to all actions, activities, uses and development initiated subsequent to the effective date of such provision, including but not limited to the following:

1. The division or leasing of land;

2. Construction, alteration, remodeling, expansion, replacement or relocation of any building, structure or other facility or portion thereof;

3. The use or occupancy of land, buildings, structures, or other facilities.

B. Existing Development or Use. Any lawfully established development or use is permitted to continue without change, even though no longer in conformance with one or more provisions of this Title due to changes in such provisions after the establishment of the development or use, except as otherwise provided in Chapter 19.204 or elsewhere in this Title.

Chapter 19.140 - Relationship of Zoning Regulations to Other Laws and Regulations
§ 19.140.010. Continuity of Zoning Regulations.

The provisions of this Title, insofar as they are substantially the same as previous provisions of this Code or any other ordinance repealed, amended, or superseded by the enactment of the provisions of this Title, shall be construed as restatements and continuations of the previous provisions, and not as new enactments. § 19.140.020. Pending Proceedings.

Proceedings initiated under provisions repealed, amended, or modified by the provisions of this Title shall not be affected by the enactment of provisions of this Title, except that after such enactment the proceedings shall conform to the provisions of this Title insofar as possible. § 19.140.030. Rights under Previous Approvals.

A. A conditional use permit, site plan approval, variance, or similar approval granted under previous provisions of this Title or under the applicable zoning regulations which existed prior to incorporation of the City or annexation to the City of the area involved, and which would be eligible for consideration of such approval under current provisions of this Title, are deemed to be an approved conditional use permit, site plan, variance, or other approval, respectively, subject to the terms of such approval.

B. All other conditional use permits, approved site plans, variances ,and similar approvals or the conditions thereof which are not in conformance with the provisions of this Title are deemed to be nonconforming privileges subject to the provisions of Chapter 19.204.

C. Notwithstanding any other provisions of this section, if a conditional use permit, site plan approval, variance, or similar approval, or any condition thereof, has resulted in a nonconformity, such nonconformity shall be subject to the provisions of Chapter 19.204. § 19.140.040. Previous Violation or Conviction.

Any violation of and/or conviction under any provision of this Title which has been repealed, amended, or modified, shall continue to be considered as a violation and/or conviction under this Title. § 19.140.050. Severability.

If any provision of this Title or the application thereof to any person or circumstance is held invalid, the remainder of this Title and the application of such provision to other persons or circumstances is not affected thereby. § 19.140.060. Conflicting Regulations.

Whenever any provision of this Title covers the same subject matter, overlaps, conflicts with, or is contradictory to any other law or regulation, the provision, law, or regulation which is more restrictive or imposes the higher standard shall control, except as otherwise expressly provided. § 19.140.070. Conflicting Licenses and Permits.

All City officials, official bodies, departments, and employees vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Title. No license or permit for uses, buildings or purposes, where the same would be in conflict with the provisions of this Title, shall be issued. Any such license or permit, if issued in conflict with the provisions of this Title, is null and void. § 19.140.080. Private Agreements.

The provisions of this Title are not intended to abrogate, annul, or impair any easement, covenant or other agreement between parties; except, where this Title imposes a greater restriction or higher standard than that required by private agreement, this Title shall control. § 19.140.090. Nuisances.

Neither the provisions of this Title nor any approval pursuant thereto authorize the establishment or maintenance of any use, activity, or circumstance which constitutes a public or private nuisance. § 19.140.100. References to Other Laws and Regulations.

When a reference is made in this Title to any other provision of this Title or to any other law or regulation, such reference shall apply to any and all subsequent amendments and additions to the provision referred to and to any renumbered or retitled provisions which continue or supersede the provision referred to.

Chapter 19.144 - Assignment of Authority, Powers, and Duties § 19.144.010. Delegation of Commission authority.

Whenever an administrative power or duty is granted to or imposed upon the Planning Commission by any provision of this Title, the Commission may delegate such power or duty to the Director subject to such instructions as the Commission may prescribe.
§ 19.144.020. Delegation of Staff Authority.

Whenever a power or duty is granted to or imposed upon the Director, Zoning Administrator, Building Official, or other officer of the City under any provision of this Title, such power or duty may be exercised by a duly authorized employee of the City or other governmental agency who is assigned to be under the supervision of such officer, subject to such instructions as such officer may prescribe. § 19.144.030. Office of Zoning Administrator.

A. Purposes.

1. The office of Zoning Administrator is established to perform certain duties hereinafter specified pursuant to the authority granted by the California Planning and Zoning Law. (See California Government Code Sections 65900 and 65901.)

2. The purposes of the office of Zoning Administrator are:
a. To provide efficient methods in the implementation of the General Plan, zoning, and other municipal ordinances to effectuate the desired development of the City and provide better service to the general public;
b. To provide a method by which minor adjustments from ordinance requirements may be permitted without the necessity of the delays incident to the setting of such matters for public hearing;
c. To relieve the Planning Commission from the performance of certain functions of a routine nature which tend to divert this body from the Planning and major zoning functions entrusted to the Commission by this Code and the laws of the State.

B. Assignment of Duties. The duties of the Zoning Administrator as set forth in this Title shall be assigned, and may be reassigned at any time, by the City Manager to one of the employees filling positions within the Community and Economic Development Department and duties and be subject to the rules and procedures set forth for the Zoning Administrator in this Title and by any other applicable laws. § 19.144.035. Director of Community and Economic Development.

A. Purposes.

1. The Director of Community and Economic Development performs certain duties hereinafter specified pursuant to the authority granted by the California Planning and Zoning Law. (See California Government Code Sections 65900 and 65901.)

2. The purpose of the Director of Community and Economic Development is:
a. To provide efficient methods in the implementation of the General Plan, zoning, and other municipal ordinances to effectuate the desired development of the City and provide better service to the general public;
b. To use the position's administrative role to expeditiously process and approve certain projects which conform to the regulations of the Zoning Ordinance and the goals and objectives of the General Plan. The intent of this process is to provide a method by which minor projects may be permitted without the necessity of the delays incident to the setting of such matters for hearings or consideration by the Zoning Administrator or Planning Commission;
c. To relieve the Planning Commission from the performance of certain functions of a routine nature which tend to divert this body from the Planning and major zoning functions entrusted to the Commission by this Code and the laws of the State.

B. Assignment of Duties. The duties of the Director of Community and Economic Development are assigned by the City Manager and set forth in this Title.
( Ord. 1338 §10, 1996)
§ 19.144.040. Enforcement.

The enforcement of this Title and regulations, decisions and orders made pursuant to this Title, shall be enforced by the City Manager or his or her other duly authorized representative.

Chapter 19.148 - Violations and Penalties
§ 19.148.010. Unlawful Activities Designated as Misdemeanor—Penalty.

A. It is unlawful for any person, firm, partnership, or corporation to violate any provision or fail to comply with any of the requirements of this code. Except as otherwise provided herein, any person, firm, partnership, or corporation violating any provision of this code or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not exceeding one thousand dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment.

B. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day, or any portion thereof, during which any violation of any of the provisions of this code is committed, continued, or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this section.
§ 19.148.020. Unlawful Activities Designated as Infraction—Penalty.

A. Notwithstanding the provisions of Section 19.148.010 a, any person, firm, partnership or corporation violating any provision of this code or failing to comply with any of the requirements thereof, where such violation or failure is denominated an infraction, shall be deemed guilty of an infraction, and upon conviction thereof, shall be punished by a fine not exceeding one hundred dollars for a first violation, by a fine not exceeding two hundred dollars for a second violation of the same provisions within one year, and by a fine not exceeding five hundred dollars for each additional violation of the same provision within one year.

B. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any of the provisions of this code is committed, continued, or permitted by such person, firm, partnership, or corporation and shall be deemed punishable therefor as provided in this section.
§ 19.148.030. Violations—Nuisance—Civil Remedies.

A. The violation of any of the provisions of this code constitutes a nuisance, and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.

B. The prevailing party in any action to abate a nuisance pursuant to this section shall be entitled to its reasonable attorneys' fees if: (1) the City elected to seek recovery of its own attorneys' fees at the initiation of the action; and (2) the award of attorneys' fees does not exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding.
( Ord. 1518 § 12, 2008)
§ 19.148.040. Severability.

The City Council declares that, should any title, chapter, provision, section, paragraph, sentence, or word of this code be rendered or declared invalid by any final court action by a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining titles, chapters, provisions, sections, paragraphs, sentences, and words of this code shall remain in full force and effect.
§ 19.148.050. Past Actions and Obligations Previously Incurred.

Neither the adoption of this Title or any provision thereof, nor the repeal thereby of any ordinance of the City or any provision thereof, shall in any manner affect the prosecution for violation of any provision committed while such provision was in effect, nor be construed as a waiver of any license or penalty due and unpaid under previous provisions; nor be construed as affecting any such previous provisions relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof; nor be construed as affecting the validity of any bond or cash deposit required to be posted, filed, or deposited pursuant to any ordinance, and all rights and obligations pertaining thereto shall continue in full force and effect.

Division 3 Single Family Residential Zones
Chapter 19.304 Purpose and Description of Single-Family Residential Zones

19.304.010 Purpose and General Plan Consistency.

The General Plan outlines goals and objectives regarding single-family residential uses and development. The purpose of this Division is to implement those General Plan goals and objectives that relate to single-family residential land use.

19.304.020 Description of Zones.

The following single-family residential zones, with their general purpose as indicated, have been created to implement the goals, objectives, and residential land use designations of the General Plan.

A. RS-16, Select Estate Residential Zone. For the development and preservation of residential areas of single-family homes on large lots in order to maintain a park-like setting within a hillside environment.

B. RS-10, Estate Residential Zone. For the development and preservation of residential areas of singlefamily homes on relatively large lots located adjacent to or near a golf course.

C. RS-8, Suburban Residential Zone. For the development and preservation of residential areas of singlefamily homes on medium-size lots located in hillside areas or near a golf course.

D. RS-6, One-Family Residential Zone. For the development and preservation of residential areas of singlefamily homes located on moderate to minimum size lots on relatively flat terrain.

E. PD, Planned Development Zones. To provide for land uses and development standards to be tailored to individual sites. This land use designation requires that a master plan be prepared for each area so designated. The master plan must discuss development phasing, development intensities, amenities, design, and how the development is to conform with the guiding principles included in the Land Use Element of the General Plan for each area designated as Planned Development. It is intended to preclude incremental development which may be detrimental to the whole.

F. Overlay Zones. The following special designations are established which may be combined by notation on the Zoning Map with any of the zones above in order to accomplish the additional purposes indicated below:

1. A, Agricultural Overlay Zone. To provide for the preservation of areas of single-family homes on large lots with associated agricultural activities, including limited animal keeping.

2. P, Parking Overlay Zone. To provide for and encourage the development of needed parking areas to serve adjacent commercial and public service uses located in the central area of the City. Such parking use is intended to be arranged within residential zones adjacent to commercial zones in a manner which protects the residential areas from undue adverse effects of adjacent commercial activity and may lead to an orderly transition from residential to parking use for such areas.

3. Housing Incentive Overlay (HIO) Zones. The HIO Zones includes six (6) Overlays that serve to implement the Housing Element’s goal of providing new housing that addresses affordable housing needs by establishing objective design criteria for designated housing opportunity sites. The HIO’s include Mixed-Use Overlay-45, Mixed-Use Overlay-60, Mixed-Use Overlay-100, Housing Opportunities Overlay, Religious Congregational and Fraternal Overlay, and Hotel/Motel Conversion Overlay. The HIO Zones have been applied to properties shown on the Zoning Map.

19.304.030 Housing Incentive Overlay (HIO) Classification.

Properties located in areas shown on the Zoning Map with the symbol “MUO45”, “MUO60”, “MUO100”, “HOO”, “RCFO”, or “HMCO” may be used for higher-density housing as a primary use in lieu of, but not in combination with, other uses, density, or intensity authorized for the underlying zone. Objective Design Standards apply to such properties. Refer to the adopted Housing Incentive Overlay (HIO) Objective Design and Development Standards for applicable standards.

19.304.040 Planned Unit Developments.

A. A planned unit development, wherein the owners of individual lots also hold undivided interests in common areas within the same development, all as defined in Section 19.104.080, may be approved in any RS zone. Such approval shall be accomplished under both the subdivision ordinance (Division I of Title 18) and site plan review (Section 19.128.040) procedures, except a conditional use permit also is required for the planned unit development for any development in the PD Zone.

B. For planned unit developments, the minimum lot size and dimension requirements of Section 19.308.050, as well as other regulations of this Division based on dimensions from lot lines, shall not apply to the individual unit lots, but shall apply to the total net site area of each such development.

19.304.050 Interpretation of Uses Permitted.

Further definition and enumeration of uses permitted in the various zones may be determined by interpretation in accordance with Section 19.128.010.

Chapter 19.308 Intensity of Use and Site Requirements

19.308.010 Residential Base Densities.

The base density table below refers to the maximum number of units per acre permitted under the corresponding zoning district. Additional density may be achievable in the form of a density bonus (Cluster Bonus, Affordable Housing Bonus, and Senior Housing Bonus). Before any density bonuses are applied, the number of dwelling units permitted in a single-family residential development shall not exceed the base density specified below.

Zone Base Density (dwelling units per net acre)
RS-16 2.7
RS-10 4.3
RS-8 5.4
RS-6 7.2

19.308.020 Cluster Bonus.

When a cluster bonus is approved in accordance with Section 19.348.020, the dwelling unit density of a singlefamily development shall not exceed a density 20% greater than otherwise permitted.

19.308.030 Affordable Housing Bonus.

State Density Bonus Law (Government Code Sections 65915-65918) provides that local governments shall grant density bonuses and regulatory concessions and incentives to developers of housing, childcare facilities, or for donation of land for housing, where the developer agrees to construct a specified percentage of housing for lower-income households, very low-income households, moderate-income households or qualifying residents. This section adopts the State Density Bonus Law by reference. Where a provision contained in the Municipal Code does not discuss a specific condition or situation that arises, the provisions set forth in State Density Bonus Law shall apply. In the event of a conflict between these provisions and the provisions of State Density Bonus Law, whichever is stricter shall prevail.

19.308.040 Fractional Results.

A. Regardless of the maximum density calculated pursuant to this Chapter, one (1) dwelling unit shall be permitted on any lawfully established lot in an RS zone if such lot has a net area of at least 2,500 square feet.

B. In other cases, in determining the maximum number of dwelling units permitted within a subdivision, any fraction of dwelling unit in the calculated result, after applying all density factors, shall not be construed as allowing an additional dwelling unit if such fraction is less than 0.5.

19.308.050 Site Dimensions.

The minimum size and dimensions of lots created in the various zones shall be as shown in Table 19.308.050.

Table 19.308.050

MINIMUM SITE DIMENSIONS
Zone Minimum Lot Area
(square feet) (4)
Minimum Street
Frontage (feet)
Minimum Lot
Width (feet)
Minimum Lot
Depth (feet)
RS-16 16,000 (1) 100 100 (1) 150
RS-10 10,000 (1) 85 85 (1) 110
RS-8 8,000 (1) 80 80 (1) 100
RS-6 6,000 (1) (2) (3) 40 (3) 60 (1) — (1) For corner lots in single-family residential zones, the minimum lot area shall be increased by 500 square feet and the minimum lot width shall be increased by five (5) feet over the amount shown in this table. (2) Where property is also located in the A – Agricultural Overlay Zone, the minimum lot size shall be 14,000 square feet. See Section 19.312.030. (3) For existing lots in the RS-6 Zone in Tracts 280, 624, 625, and 650, lots may be combined and/or divided to meet the predominant lot area, street frontage and lot width dimensions of lots within the tract containing such lots.
(4) For parcels in single-family residential zones that do not conform to the minimum lot area required, see Chapter

19.204 Nonconforming Uses and Sites.

19.308.060 Two-Unit Developments and Urban Lot Splits (SB-9) Two-Unit Developments and Urban Lot Splits (SB-9) pursuant to Government Code Sections 65852.21 and 66411.7 requires ministerial approval of a housing development with no more than two (2) primary units in a single-family zone and/or the subdivision of a single-family zoned parcel into two (2) parcels (See Section 19.348.090). SB-9 allows for up to four (4) housing units in the lot area typically developed with one (1) single-family home. Section

19.348.090 and Section 19.348.100 implements Sections 65852.21 and 66411.7 of the Government Code through objective zoning standards, objective subdivision standards, and objective design review standards as provided in 65852.21.(b). These standards implement requirements of Senate Bill (SB) 9 California Housing Opportunity & More Efficiency (HOME) Act and Sections 65852.21 and 66411.7 of the California Government Code and shall remain in effect, as modified until SB-9 and Sections 65852.21 and 66411.7 are rescinded or extended.

Chapter 19.312 Uses

19.312.010 Uses Permitted.

A. Land, buildings, and other facilities shall be designed, developed, and used only for those activities indicated for the various zones by Table 19.312.010, entitled Uses Permitted. The symbols shown in this table have the following meanings:

Symbol Meaning
P Automatically permitted use.

I Incidental use—use permitted only if incidental to another primary use on the same site. If incidental to a use authorized by conditional use permit, such incidental use is permitted only if included within the terms of the conditional use permit.

C Conditional use—use eligible for consideration under the conditional use procedure (Section 19.128.020) and permitted only if a conditional use permit is approved, subject to the specific conditions of such permit.

Ci Incidental conditional use—use eligible for consideration under the conditional use procedure only if incidental to another primary use of the site, whether such primary use is automatically permitted or permitted by conditional use permit.

T Temporary use—permitted if approved in accordance with Title 19, Division 10.

B. Those uses listed as accessory uses in the Uses Permitted Table are subject to the definition of accessory use in Section 19.104.080 as well as the meanings of the indicated symbols in the table.

Table 19.312.010
USES PERMITTED – SINGLE-FAMILY RESIDENTIAL ZONES
Uses Residential Zones Additional Requirements
RS-16 RS-10 RS-8 RS-6 PD (1)
Residential Uses
Single-Family Dwellings:

Site-Built. P P P P C
Manufactured Homes. P P P P Refers to manufactured
homes, factory-built
homes, modular homes,
and panelized homes.

Single-Family Cluster. C C C See Section 19.348.020.

Multi-Family Dwellings:

Cottage Cluster P P 100% affordability
requirement applies. See
Section 19.348.110.

Employee Housing (6 or fewer). P P P P P Employee Housing as defined by the Health and
Safety Code Section
17008. Employee housing
shall be subject to the
provisions of the Health
and Safety Code Sections
17021.5 and 17021.6.

Transitional/Supportive Housing. P P P P C Transitional housing facilities providing
accommodations for six
(6) or fewer individuals are
allowed in RS zones,
unless otherwise indicated
by State Law. Refer to
Government Code Section
65651.

Two-Unit Development P P P P See Section 19.348.100.

Residential Accessory Uses:

Non-Habitable Accessory Structure. I I I I I See Section 19.316.080.

Accessory Dwelling Units.

IIIII See Section 19.348.010.

Junior Accessory Dwelling Units. IIIII See Section 19.348.010.

Guesthouse.IIIII A guest house shall be
used only by the
occupants of the main
residence, their nonpaying
guests, or domestic
employees. The guest
house shall not be rented
or otherwise occupied
independently from the
main residence.

Home Occupation.IIIII See Section 19.348.030.

Short-Term Rental.IIIII See Section 19.348.080.

Animal Keeping.IIIII See Section 19.348.050.

Swimming Pool, Therapeutic Pool,
Recreational Structure, Spa.

IIIIP See Section 19.324.050.

Clubhouse, Meeting Room, Game Room,
Gymnasium, Sauna, Health Center
(Private Use Only).

IIP Permitted as an incidental
use for single-family
cluster housing, cottage
cluster housing, and
planned developments.

Firepits and Fixed Freestanding
Barbecues
IIIIP See Section 19.324.030.

Game Courts (tennis, pickleball,
basketball)
IIIII
Parking, within Garage.IIIIP
Parking, under Carport.IIIIP Carports are permitted for parking spaces which are
in addition to the required
garage spaces.

Parking, Uncovered.IIIIP Uncovered parking is
permitted for parking
spaces which are in
addition to the required
garage spaces.

Yard Sale.IIIII See Section 19.348.040.

Public Service Uses
Community Day Care:

Small group child day care home (1-14
children).

IIIII All applicants shall comply
with the State Health and
Safety Code with regard to
the maximum number of
children that may be
supervised at any one time
based on applicable
standards and criteria. In
no case, shall the total
number of children
supervised at any one time
at any residence exceed

14. Small group adult day care home (1-6
adults).

IIIII
Child day care center. Ci Ci Ci Permitted with a CUP as an incidental use provided
that sufficient parking and
circulation can be provided
on the property and the
hours of operation for the
incidental use will not
conflict with the primary
use.

Adult day care center. Ci Ci Ci Permitted with a CUP as an incidental use provided
that sufficient parking and
circulation can be provided
on the property and the
hours of operation for the
incidental use will not
conflict with the primary
use.

Public Assembly: (See also Recreation)
Church.C In all residential zones in
which churches are
permitted, such churches
shall be located on and
oriented to a major,
primary, or secondary
highway as defined and
designated in the Buena
Park General Plan.

Bingo games shall be
permitted as an accessory
use only when authorized
under Chapter 5.16 et
seq., and only when fire
and safety regulations are
met and parking facilities
are fully conforming to the
requirements for public
assembly use.

Café / Coffee ShopI Permitted only as an
incidental use to an
existing permitted religious
facility and subject to all
building and fire safety
standards applicable to
commercial / assembly
use. Must be less than
3,000 square feet.

Emergency Shelters.I See Section 19.348.070.

Education:

Educational institution.CCC Bingo games shall be
permitted as an accessory
use only when authorized
under Chapter 5.16 et
seq., and only when fire
and safety regulations are
met and parking facilities
are fully conforming to the
requirements for education
use.

Recreation: (see also Division 5,
Commercial Uses – Commercial
Recreation.)
Public park, public playground, public
recreational area, public landscaped open
space, public-owned historical site or
feature.

PPPPP
Community recreation center.PC
Utilities and Communications: See Division 12 of Zoning Ordinance.

Aviation navigational aids. C C C C
Public utility facilities or structures,
including electrical substations and cellular
telephone facilities.

C C C C
Transportation:

Parking Lot. C C C C
Agricultural Uses
Horticultural production, plant nursery (no
sales), keeping of livestock.

P Applies to A-Agricultural
Overlay Zone only. See
Section 19.312.030.

Horticultural production, plant nursery (with
sales).

C See Section 19.348.060.

Animal Keeping I I I I See Section 19.348.050.

Temporary Uses
On-site construction facilities. P P P P P Offices, storage, activities, and facilities directly
pertaining to construction
for a permitted use on the
same site provided
construction is not
suspended for more than
30 consecutive days.

On-site real estate sales office. P P P P P Temporary real estate sales office, only for sales
or leasing of new
subdivision and for not
more than 1 year.
(1) Permitted uses and intensity of use in the PD zone shall be determined in a public hearing subject to the provisions of the General Plan for the individual area designated as Planned Development.

19.312.020 Parking Overlay Classification.

Property located in an area shown on the zoning map with the symbol “P” may be used for a parking lot or parking structure as a primary use in lieu of, but not in combination with, other uses authorized for the underlying zone. Such parking use shall serve activities located in the same or adjacent zones. Yard, setback, and landscape requirements of the underlying zone shall apply.

19.312.030 Agricultural Overlay Classification.

A. Permitted Uses. Property located in an area shown on the Zoning Map with the symbol “A” may be used for the following agricultural activities in addition to the uses authorized for the underlying zone:

1. Horticultural production;

2. Plant nursery;

3. Orchards and tree crops;

4. Field crops, berry crops, bush crops, truck gardening;

5. Raising or keeping of livestock subject to the requirements of subsection C of this section;

6. Beekeeping, subject to the requirements of Section 19.348.050.C (Beekeeping);

7. Agricultural accessory uses and structures.

8. Raising or keeping of chickens subject to the requirements of Section 19.348.050.D (Chicken Keeping);

9. Employee housing consisting of no more than thirty-six (36) beds in a group quarter, or twelve (12) units or spaces designed for use by a single-family or household in compliance with Health and Safety Code §17021.6.

B. Lot Size. Notwithstanding the requirements of the underlying zone, the minimum lot size in the A – Agricultural Overlay Zone shall be 14,000 square feet.

C. Livestock. Raising or keeping of livestock shall be limited to domesticated animals such as rabbits, fowl, and not more than two (2) horses, mules, cows, goats, sheep, or similar large animals in any combination. Any animal keeping structure for such animals shall be located at least:

1. 100 feet from the front property line;

2. 30 feet from any other property line;

3. 40 feet from any dwelling or other building used for human habitation, on either the subject or adjacent properties.

19.312.040 Single-Family Residential Zone—Commercial Parties Prohibited.

A. Purpose and Intent. It is the purpose and intent of the City Council by the adoption of this section to prohibit parties conducted in a commercial manner within all single-family residential zones in order to preserve the rights of residents to the quiet enjoyment of their property.

B. Definitions. For purposes of this section, the following words and phrases shall have the meanings set forth herein:

1. “Admission charge” means a tangible benefit, monetary or otherwise, which is expressly or implicitly required as a condition of admittance to a party. Customary courtesies and clearly noncommercial activity such as gifts by guests and voluntary sharing of expenses for meals shall not be considered to be an “admission charge.” “Admission charge” shall not include donations for political, community service, charitable, or religious purposes.

2. “Party” means three (3) or more persons meeting together for social, recreational, or amusement purposes.

C. Admission Charge Prohibited. No person or group of persons shall require, implicitly or expressly, any admission charge to any party conducted in any single-family residential zone.

Chapter 19.316 Development Standards—Building Form

19.316.010 Buildings Required.

A. All activities and facilities, where permitted by other provisions of this Division, shall be enclosed within permanently constructed buildings.

B. Outdoor activities, storage, and display may be permitted in accordance with Sections 19.312.010 and 19.324.020, and the regulations and limitations of Division 10, Title 19.

C. Where a use is permitted by conditional use permit, temporary use permit, or special permit (see Division 10, Title 19), outdoor activities and temporary facilities may be authorized by the terms of such permit notwithstanding the provisions of this section.

19.316.020 Building Type.

Every building shall be designed or remodeled to accommodate its use in accordance with applicable building codes and other laws. A residential building shall not be occupied by a nonresidential primary use.

19.316.030 Height of Structures.

A. The maximum height of any building or structure shall be as shown in Table 19.316.030.

Table 19.316.030

HEIGHT LIMITS IN RS ZONES
Type of Building Maximum Height
Detached House (Primary Building) 2 stories Shall not exceed 30 feet Single-Family Cluster (1) 2 stories Shall not exceed 30 feet Two-Unit Development (2) 1 stories Shall not exceed 16 feet (1) See Section 19.348.020 for additional standards.
(2) Two-Unit Developments are only permitted pursuant to SB-9. See Section 19.348.100 for additional standards.

19.316.040 Building Coverage.

A. The maximum building coverage of net lot area for all single-family residential zones shall be 40 percent.

B. The following shall be calculated as building coverage of a lot;

1. All roofed structures over 6 foot in height, with dimensions measured around the outside bearing walls and/or support columns of the structures, including covered breezeways and recessed entryways, as well as patio structures whether open-sided or enclosed, trellised, or solid-roofed.

2. Decks, platforms, porches, or stoops, 18 inches or higher from the finished floor to the finished grade of the lot.

C. The following is not calculated as building coverage under this section:

1. Uncovered balconies and eaves, awnings, and other shading devices cantilevered from a structure.

2. Hardscape such as driveways, parking space, walkways, sidewalks, patios and patio covers (uncovered).

19.316.050 Building Form
A. Orientation to the Street. The main elevation of a single-family home shall face the primary public or private street on which the lot is located. In addition, the main entry to the single-family home shall also be located on the elevation facing the primary or public street. For corner or reversed corner lots, the main entrance may face the secondary street.

B. New Driveway Decorative Treatment. This subsection shall apply to new and replacement Driveways.

Driveways shall include a decorative element at least one (1) foot wide composed of pavers, colored/stamped concrete, aggregate, brick banding, or other decorative treatment to break up uninterrupted concrete surfaces to no more than 12-foot-wide sections.

C. Front Elevation Massing. Building elevations on which the main entry is located shall include at least two (2) of the following massing reduction strategies, compliant with the associated standards:

1. Single Floor Projection. A façade projection on the lower or upper floor that projects project at least one (1) foot from the main wall plane, with a total area of at least 80 square feet and capped by a gable, eave or other roof form.

2. Multi-Floor Projection. A façade projection extending from ground level to the upper floor ceiling that projects at least one (1) foot from the main wall plane, with a total area of at least 124 square feet, and capped by a gable or other roof form.

3. Massing Break. A break in the main wall plane of at least two (2) feet that extends from ground level to the upper floor ceiling. The break shall be located so as to separate primary façade elements such as entries and garages, and picture windows.

4. Bay Window. A protruding window, such as a bay window, which is at least two (2) feet in depth.

5. Second Floor Stepback. A minimum five (5) foot, street-facing stepback applied to the second floor.

The setback shall span at least 60% of the total street-facing building elevation and shall be covered with an eave or roof component that matches the primary roof form of the building.

6. Contrasting Materials or Finish on Floors. Application of siding, panels or materials that vary from the primary exterior finish, to at least 40% of the total elevation area of one story of the building. All materials shall comply with Section 19.316.100.

D. Window Perimeter. All windows shall include at least one (1) of the following perimeter design details:

1. Trim at least two (2) inches wide around the entire window.

2. A minimum two (2) inch recess from the surrounding exterior wall plane.

E. Street Fronting Roofline. Roof surfaces that face street property lines and are wider than 30 feet shall be vertically articulated at least once every 30 feet, with at least one (1) of the following techniques:

1. A change in height of at least four (4) feet.

2. A roof dormer.

3. A change in roof orientation.

4. A change in roof form that projects at least three (3) feet above the main roofline.

F. Garage Location. All garages for newly constructed (ground up) single-family dwellings on a vacant lot shall be designed and located to limit their visual presence, using one of the following techniques:

1. Street facing garage. Garages located along the street facing building elevation shall comply with the following standards:
i. The width shall not exceed 60 percent of the total width of the front elevation of the building. ii. The garage shall be prohibited from projecting forward from the wall plane of the primary dwelling.
iii. The garage shall include either 1) an overhang at least 12 inches deep with the same materials and color palette as the primary roof form, or 2) a recess of at least 12 inches from the surrounding wall plane.

2. Inward facing (90o) garage. A 90° inward-facing garage is oriented perpendicular to the main structure of the house and necessitate a turning movement to enter the garage, distinguishing it from traditional front-facing garage. Garages in this configuration may project forward from the wall plane of the primary dwelling.

3. Side accessible attached garage. Such garages shall
be located a minimum of 12 feet behind the front
elevation of the home if located on the street side
elevation.

4. Detached or attached rear garage. Such garages
shall be located at the rear of residential lots and be made accessible from a side lot driveway or from the
rear.

G. Window Placement and Privacy. To ensure privacy,
windows shall be positioned so that it is not in line or directly face a window on an adjacent structure, as shown in Figure A.

H. Antennae. Notwithstanding the restrictions of 19.316.030, radio, television, microwave antennae, and similar
equipment shall be subject to the following regulations:

1. Ground-mounted antennae which are incidental or
accessory uses are permitted to a height of 60 feet, unless permitted higher by a conditional use permit.

2. Roof-mounted antennae, which shall include dishes to a maximum of 24 inches in diameter, may be used but may not be more than 25 feet higher than the highest point of the building to which they are attached, excluding chimneys and like projections, unless permitted higher by the issuance of a conditional use permit.

3. Any antenna that is primary to the use shall be subject to the height limit established under a conditional use permit.

I. Flagpoles. Flag poles shall be permitted within front, side, or rear yards provided they are setback a minimum of five (5) feet from property line and shall be limited to no more than thirty (30) feet in height subject to issuance of a building permit.

J. Balconies. Balconies, where permitted, shall be screened. Screening may include side or rear yard landscaping or decorative lattices made of durable materials such as brick, treated wood, metal, etc.

Balconies shall not exceed 15 ft in height above grade with a minimum 7 ft. headroom clearance from the finished floor grade. Balconies may have 100% ceiling coverage. Second floor balconies shall not be positioned along any side or rear elevation within 20 feet of the adjacent property line.

K. Other Structures. Any free-standing structure, not specifically referenced in this Title shall be limited to no more than eight (8) feet in height and may not be located within the front, side, or rear yard setback area.

19.316.060 Space between Buildings.

A. In single-family residential zones, the minimum distance between buildings located on the same lot shall be six (6) feet, or the buildings shall be attached as one structure with a minimum ten (10) foot common wall or roofline. The six (6) foot distance shall be measured from the closet points of the building walls or structure walls.

B. Permitted Building Projections. The following building features may project a maximum 2.5 feet into the minimum required space between buildings;

1. Cantilevered eaves, awnings, and shading devices.

2. Architectural features—sills, cornices, buttresses, etc.

3. Chimneys and fireplaces, with a maximum 8-foot length.

Figure A– Window Placement and Privacy

4. Mechanical equipment cantilevered from building.

19.316.070 Residential Building Floor Area.

The minimum floor area of each dwelling unit shall be as indicted in the table below. Attic and basement space, where the headroom is less than six and one-half feet, and garages and accessory buildings shall not be included as part of the required dwelling unit floor area.

Zone Minimum Floor Area
RS-16 2,200 sq. ft.

RS-10 2,200 sq. ft.

RS-8 1,800 sq. ft.

RS-6 1,100 sq. ft.

19.316.080 Non-Habitable Accessory Structures.

For the purpose of this section, accessory structures shall include those detached structures designed and intended for permitted accessory uses within the single-family residential zones.

A. For all single-family dwellings, accessory structures shall be non-habitable with the exception of an accessory dwelling unit as a permitted use pursuant to Section 19.312.010. Examples of non-habitable accessory structures may include garages, patios, carports, storage sheds, gazebos, cabanas, pool houses, workshops, and other similar structures.

B. Notwithstanding other provisions of this Division, the floor area of all non-habitable accessory structures shall not exceed 50 percent of the habitable residential floor area of the primary dwelling or 600 square feet, whichever is less. Non-habitable accessory structures shall be approved ministerially if the site plans are in compliance with all applicable development and design standards. Non-habitable accessory structures greater than 50 percent of the habitable residential floor area or 600 square feet shall require a conditional use permit pursuant to Section 19.128.020.

C. A canopy, including support structure, may be installed within the side or rear yard setbacks in single-family residential zones if it complies with the following standards:

1. The canopy may be located within a side yard abutting a street provided it is located behind a solid block wall or fence maintaining a minimum height of five (5) feet.

2. The canopy shall be firmly attached to the ground or the primary structure.

3. The canopy shall be maintained in good condition and structurally sound, and shall be removed, cleaned, or replaced if faded, torn, tattered, dirty, or missing.

4. For the purposes of this Section, a canopy is defined as a fabric, vinyl, metal, or other durable material stretched over a supporting frame, intended to provide shelter or shade for outdoor spaces such as yards or patios.

19.316.090 Residential Garages and Carports.

For required single-family residential garages, the minimum floor area and vehicular openings shall be as shown in Table 19.316.090. Carports may be permitted only in addition to the required garage and shall not be used in place of the required garage.

Table 19.316.090

SINGLE-FAMILY RESIDENTIAL GARAGES
Minimum Gross Floor Area Minimum Clear Width
of Vehicular Doors or Openings
One Opening Two or More Openings
RS-16 Zone 600 sq. ft. 16 ft. 8 ft. each
RS-10 Zone 600 sq. ft. 16 ft. 8 ft. each
Other zones (1) (2) 400 sq. ft. 16 ft. 8 ft. each
(1) Any new home as defined in Section 19.104.080 containing five (5) bedrooms or at least 3,000 sq. ft. of living space shall maintain a minimum 600 sq. ft. garage.
(2) For existing homes containing less than four (4) bedrooms, any addition which increases the number of bedrooms to five (5) or greater shall provide (1) additional parking space, covered or uncovered on the same property for each bedroom in excess of four (4).

19.316.100 Building Materials
A. Façade Materials. Primary, Secondary, and Accent materials are allowed or prohibited as illustrated in Table 19.316.100, which may be updated periodically by the Community and Economic Development Director as new or amended materials become available. Community and Economic Development Director approval is required for materials not identified in Table 19.316.100 below.

B. Primary Building Materials. The primary building materials listed in Table 19.316.100 are permitted to make up approximately 50% to 75% of the building design. The primary building materials include the appropriate wall surface materials and visible roofing materials. The primary building materials cover the primary/front façade, secondary/corner side façade, side façade, and rear façade of the entire building.

C. Accent/Secondary Materials. The accent/secondary building materials listed in Table 19.316.100 are permitted to make up approximately 5% to 35% of the building design. This includes exterior windows, decorative window treatments and balconies, decorative entries, etc.

D. Chimneys. Chimneys shall either be painted the same color as the exterior wall or constructed with the same materials present on other accents or elements of the façade.

E. Single-family subdivisions with two (2) or three (3) units shall provide a minimum of two (2) color schemes.

Single-family subdivisions with more than three (3) residential structures shall provide a minimum of three (3) color schemes and shall not use a single-color scheme on more than 40% of the residential structures.

Structures shall incorporate a color scheme that contains a maximum of four (4) distinct colors per building.

A color scheme is defined as (body one and/or body two, trim, and a contrasting accent color).

F. Building materials and colors shall be in compliance with the Architectural Styles provided in Section

19.316.110.

G. This Section does not pertain to developments located within HIO Zones. The HIO’s are subject to separate objective design criteria.

Table 19.316.100

RESIDENTIAL MATERIAL LIST
Material Maximum Usage %
of Façade Area (3)
Permitted as Primary Building Materials
Brick (full dimensional) 75%
Stone/masonry 75%
Stucco/Cement Plaster 75%
Finished wood, engineered wood 75%
Fiber reinforced cement siding and panels 75%
Vinyl siding 50%
Glass (transparent, spandrel) 50%
Exterior Insulation Finishing System (EIFS) 50%
Permitted as Accent/Secondary Materials
Concrete (poured in place or precast) (hardscape) 35%
Concrete blocks with integral color (ground, polished, or glazed finishes) 35% Concrete blocks with integral color (split face finish) 35% Ceramic tile 35%
Brick/Stone (veneer/thin brick) 35%
Standing seam metal 35%
Vegetated wall panels or trellises 35%
Wrought Iron 10%
Three-Dimensional Glass 5%
Roofing Materials
Asphalt/Metal shingles 100%
Clay/Stone tiles 100%
Slate tiles 100%
Concrete tile 100%
Prohibited Building and Roof Materials (1) (2)
Corrugated sheet metal Not Permitted
Galvanized metal Not Permitted
Interlocking metal Not Permitted
T-111 Plywood Not Permitted
Wood shingles Not Permitted
Rolled/flat roof (4) Not Permitted
(1) No building shall have a metallic exterior surface such as, but not limited to, galvanized, corrugated or interlocking metal sheets, unless the use of such metallic surface material is approved under the site plan review procedure (Section 19.128.040) for the purpose of enhancing the architectural quality of the building while preserving architectural harmony and compatibility with the surrounding area. (2) The following structures shall be exempt from the provisions of this section:
• Storage sheds not visible from a public street as an accessory structure to a single-family dwelling which do not require building permits;
• Storage containers as a permitted temporary use which do not require building permits. • Patio structures that are not visible from a public street. (3) The Community and Economic Development Director is authorized to allow deviations of up to 10%. (4) Flat roof design is permitted if consistent with Spanish Colonial or Modern style architecture.

19.316.110 Architectural Styles
The Architectural Styles for new development apply to all new construction pursuant to this Division, except those areas within the boundary of an existing Specific Plan. The Architectural Styles Objective Design Standards identifies six (6) preferred architectural styles, as indicated below. Architectural design elements and materials shall be consistent throughout the project, recognizing that a building is three-dimensional and must be well-designed on all sides. Detailing, choice of materials, and window and door choices shall reinforce the overall project design.

Alternative styles may be submitted to review by the Community and Economic Development Department, although discretionary approval may be required by the Planning Commission or Zoning Administrator.

A. Spanish Colonial Revival. The Spanish Colonial Revival architectural style draws inspiration from Spanish, Mediterranean, and early Californian influences, and it originated during the late 19th and early 20th centuries. Typically, buildings with this style exhibit an asymmetrical design. They are characterized by low-pitched roofs with minimal or no overhang, adorned with serpentine roof tiles. This style often incorporates wood framing and is covered with light-colored stucco siding. The use of arches is prevalent, particularly above doors, porch entries, and main windows.

B. Craftsman. The Craftsman architectural style originated in the early 20th century as part of the Arts and Crafts movement. Notable design features include exposed rafters and beams beneath the eaves, decorative brackets and fasteners, full or partial-width porches, and prominent columns or piers. While the Craftsman style emphasizes a horizontal emphasis, vertical architectural elements are often incorporated to highlight corners and entrances. Traditional Craftsman homes typically showcased exterior cladding made of wood shingles or clapboard siding, along with details such as extended lintels and decorative lighting with geometric patterns.

C. Farmhouse. The Farmhouse architectural style is an expression of rural residential designs and materials, with the Contemporary Farmhouse style specifically reflecting the agricultural history and commercial structures found in Southern California. This style incorporates playful elements, such as shed roofs, vibrant color blocking, and contemporary interpretations of traditional farm structures like barns and silos. The roofs of Farmhouse-style buildings are typically medium to high-pitched, and the overall detailing is kept simple.

D. Tuscan. The Tuscan architectural style blends modern and classic elements, incorporating both Spanish Revival and Italian influences. This style draws inspiration from Mediterranean variants found in California, showcasing rustic elements. Key characteristics include the use of stone and stucco, light earthy tones, and red tiled roofs. Classical elements like columns, arches, and decorative ironwork add visual interest and complexity. Squared towers and projections reflect classic Italianate influences. Porches and porticoes are commonly featured, as well as vertically oriented recessed windows.

E. Modern. The Modern architectural style draws inspiration from utilitarian design principles, featuring block forms, contrasting colors, and eclectic combinations of materials in contemporary compositions. This style embodies a minimalist and clean aesthetic. It utilizes simple rectangular shapes and forms, integrating them within horizontal and vertical planes to create dynamic lines. Flat roofs are commonly used to reinforce the rectangular shapes while also providing opportunities for outdoor deck areas. Accents in the Modern style are understated and unpretentious, often taking the form of trellis elements.

F. American Traditional. The American Traditional architectural style is a fusion of various traditional American styles such as Cottage, Cape Cod, and Farmhouse. It is characterized by simplicity and classic design elements, including rectangular forms, spacious front porches, decorative shutters, dormers, and wood siding. This style represents a traditional interpretation of rural farmhouses. The color palette used in American Traditional homes is typically subtle, with shades of white or gray for the main body of the house, while light or dark shutters provide contrasting accents.

19.316.120 Home Expansions and Additions
A. General Requirements.

1. All existing non-conformities pursuant to Chapter 19.204 shall be brought to conformance prior to the issuance of a building permit.

2. Interior access to all parts of the home shall be maintained at all times. No sections of the home shall be partitioned off and provided solely with exterior access without first obtaining approval for either an accessory dwelling unit or guesthouse.

3. No secondary kitchen or other cooking facilities shall be provided without first obtaining an accessory dwelling unit approval.

4. All on-site landscaping, including the front yard and parkway areas which are damaged during construction, shall be replaced upon completion of construction, as necessary, prior to final building permits. All landscaping including the parkway shall be maintained in a healthy, green, pruned, growing condition.

5. Any home addition that increases the number of bedrooms in excess of four (4), shall provide additional parking in compliance with Section 19.316.090.

6. All new construction, additions, alterations, and repairs shall be consistent with the Objective Design and Development Standards set forth in this Division.

B. Single-Family Residential Additions.

1. Roofs of new additions shall match the existing roof in style, pitch, and be of unified material. In cases where the existing home has more than one roof style or pitch, the predominant style and pitch of the existing home shall be matched for the proposed addition.

2. Enhanced elevations to include superior finishes, materials, and colors are essential to streetscape appearance and neighborhood compatibility.
i. For single-story additions to single-family homes, enhancements shall be included on the street facing building elevation(s).
ii. For single-family home additions that include a new or expanded second story, enhancements shall be included on all second-story elevations. The street facing elevation(s) shall include both first and second story enhancements. The side and rear elevations shall include at least second story enhancements. iii. Enhancements may include stone, brick, siding, banding, window trim, decorative shutters, projections, offsets, and other equivalent decorative features.

3. Balconies shall comply with Section 19.316.050.J

4. Windows and doors shall include decorative treatment such as raised stucco or wood trim or equivalent enhancement. Windows located on the same elevation shall be consistent in design, style, method of operation and material. Second story windows and glass doors shall be located to promote privacy between properties through such methods as offset or clerestory placement, use of opaque or viewobscuring glass, or other methods as approved by the Community and Economic Development Director.

5. Landscaping (trees and shrubs) of sufficient size and quantities shall be installed to provide screening and to protect privacy of adjacent properties.

Chapter 19.320 Development Standards – Yards and Related Encroachments

19.320.010 Setbacks.

The following minimum setback requirements apply to residential development within the RS zones.

Yard Minimum Setbacks
Front Yard Setbacks
(Front yard setback is measured from the primary street lot line to the closest exterior wall of a building’s façade) Front Yard (A) The minimum required front yard setback shall be 20 feet.

Side Yard Setbacks
(Side street setback is measured from the side street lot line to the closest exterior wall of a building’s façade) (Side yard setback is measured from the side yard lot line to the closest exterior wall of a building’s façade) RS-6 and RS-8 Zones – Side Yard
Side Yard not abutting a street (B) 5 feet
Side Yard abutting a street for a
Reversed Corner Lot (C)
10 feet (1)
Side Yard abutting a street for other
Corner Lots (D)
10 feet
Accessory Structures less than or
equal to 120 sq. ft.

May be located up to the rear or side property line behind a solid wall or fence, not less than 6 feet in height. If located less than 3 feet from an interior lot line, shall have no wall openings facing the adjoining property and no drainage onto the adjoining property.

Accessory Structures greater than
120 sq. ft.

Shall be located at least five (5) feet from the rear or interior side property line, and at least ten (10) feet from the street side property line.

RS-10 and RS-16 Zones – Side Yards.

Side Yard not abutting a street (B) 10 feet
Side Yard abutting a street for a
Reversed Corner Lot (C)
15 feet (1)
Side Yard abutting a street for other
Corner Lots (D)
15 feet
Accessory Structures less than or
equal to 120 sq. ft.

May be located up to the rear or side property line behind a solid wall or fence, not less than 6 feet in height. If located less than 3 feet from an interior lot line, shall have no wall openings facing the adjoining property and no drainage onto the adjoining property.

Accessory Structures greater than
120 sq. ft.

Shall be located at least ten (10) feet from the rear or interior side property line, and at least fifteen (15) feet from the street side property line.

Rear Yard Setbacks
(Rear yard setback is measured from the rear yard lot line to the closest exterior wall of a building’s façade) Rear Yard (E) 25 feet (2)
(1) A Reversed Corner Lot is defined pursuant to Section 19.104.080. (2) Rear yard setbacks may be decreased by to (5) feet if at least 70% of the rear twenty-five (25) feet of the lot remains open and uncovered.

19.320.020 Encroachments and Projections.

A. In all RS zones, encroachments are permitted within the minimum required setbacks, as indicated in Table

19.320.020.

Table 19.320.020
PERMITTED ENCROACHMENTS IN MINIMUM REQUIRED SETBACKS – ALL RS ZONES Type of
Encroachment Front Yard
Side Yard Rear Yard
Not Along
a Street
(interior lot
line)
Along a Street
Reversed
Corner Lot
Other
Corner Lot
Not Along
a Street
(interior lot
line)
Along a
Street or
Alley
Walkways and
driveways. Permitted Permitted Permitted Permitted Permitted Permitted All Vehicle
Parking and
Storage
See
Section

19.336.040
See Section

19.336.040
See Section

19.336.040
See
Section

19.336.040
See Section

19.336.040
See Section

19.336.040
Real estate
signs. Permitted Not Permitted Permitted Permitted Not Permitted Permitted Fences, walls,
and hedges
(subject to
Chapter 19.328).

Permitted Permitted Permitted Permitted Permitted Permitted Mechanical
equipment:
freestanding with
5 ft. maximum
height, subject to
screening
requirements.

Not
Permitted Permitted
Permitted, only
where a
screening fence
is permitted.

Permitted Permitted
Permitted,
only where a
screening
fence is
permitted.

Other aboveground utilities
(e.g., transformer
boxes, pedestal
terminals, etc.)
subject to
screening
requirements.

Permitted
(in
approved
easements)
Permitted
(in
approved
easements)
Permitted
(in approved
easements)
Permitted
(in
approved
easements)
Permitted
(in
approved
easements)
Permitted
(in approved
easements)
Swimming and
therapeutic
pools, including
above-ground
installations and
subject to fencing
requirements.

Not
Permitted
Permitted,
with 5 ft.
min.
setback
Permitted, with
10 ft. min.
setback
Permitted,
with 5 ft.
min.
setback
Permitted,
with 5 ft.
min.
setback
Permitted,
with 5 ft. min.
setback
Decorative pool,
with max. 18-inch
depth.

Not
Permitted Permitted Not Permitted Permitted Permitted Permitted Trash areas and
other permitted
outdoor storage.

Not
Permitted
Permitted, if
screened
from public
view.

Permitted, if
screened from
public view.

Permitted,
if screened
from public
view.

Permitted, if
screened
from public
view.

Permitted, if
screened
from public
view.

Play equipment,
play structure,
Not
Permitted Permitted Not Permitted Permitted Permitted Permitted playhouse, etc. –
If Building Permit
is required.

Patio Covers,
Gazebos, and
Cabanas
Not
Permitted Permitted Permitted Permitted Permitted Permitted BBQ Islands,
Firepits, and
Detached
Fireplaces
Not
Permitted Permitted Permitted Permitted Permitted Permitted Fountains Permitted Not
Permitted Permitted Permitted Permitted Permitted
EV Charging
Stations Permitted Permitted Permitted Permitted Permitted Permitted B. Certain building projections are permitted into the minimum required setbacks as indicated below.

1. A projection of not more than 2.5 feet is permitted into the front, side, and rear yard setback for the following architectural features:
i. Cantilevered eaves
ii. Awnings or shading devices
iii. Sills, Cornices, Buttresses
iv. Chimneys and Fireplaces with a maximum 8-foot length along the wall v. Cantilevered mechanical equipment (subject to screening requirements in Section 19.340.020)

2. A projection of not more than 6 feet is permitted into the front yard and reversed corner side yard setback for the following features:
i. Patio slabs
ii. Decks
iii. Stoops
iv. Planters or similar features

3. The maximum height of the features referenced in Subsection 2 shall be 24-inches, except railings may extend 3.5 feet above deck or tread. Railing must be open-type as required by Chapter 19.328.

4. The features referenced in Subsection 2 shall also be permitted to encroach into the interior side or rear yard setback as well as into other corner side yards if located behind fences or walls as specified in Chapter 19.328.

19.320.030 Pedestrian Access to Dwelling.

A. For every single-family dwelling, a minimum three (3) foot and maximum five (5) foot wide pedestrian walkway, other than the driveway, shall provide direct access from the sidewalk to the main entry.

19.320.040 Future Rights-of-Way.

A. This section is applicable only where a portion of a lot is within an area planned to be part of a future street, alley, or other public right-of-way as determined from an officially adopted plan, and the acquisition of such portion would not reduce the buildable lot width to less than forty (40) feet.

B. All required setbacks, yards, and open areas shall be provided in addition to the future right-of-way areas, and the future right-of-way lines shall be considered to be lot lines for purposes of measuring such other setbacks, yards, and open areas.

C. Permitted Encroachments. The following encroachments are permitted within the future rights-of-way area:

1. Utility-owned pole lines within approved easements.

2. Access walkways and driveways.

3. Uncovered parking—to the same extent as permitted in adjoining front, side, or rear yard.

4. Storage (vehicles for over 24 hours, trash areas, other permitted outdoor storage)—to the same extent as permitted in adjoining side or rear yard.

5. Recreation facilities which are subject to building permit (play equipment, play structure, playhouse, etc.)—to the same extent as permitted in adjoining side or rear yard.

6. Real estate signs.

7. Fences, walls, hedges, and berms—to the same extent as permitted in adjoining front, side, or rear yard.

8. Landscaping, other than hedges.

19.320.050 Right-of-Way Improvements
The purpose of this section is to establish requirements for right-of-way improvements for all RS zoned parcels within the City of Buena Park on which property improvements are made. "Right-of-way improvements" shall include curbs, gutters, sidewalks, street pave outs, driveway approaches, handicap ramps, water lines and appurtenances, sewer lines and appurtenances, storm drainage facilities, property dedications of right-of-way, streetlights, pavement markings, signs, and street trees.

19.320.060 Street Dedication and Improvement.

No building permit shall be issued until the following requirements are met:

A. All streets, alleys, and other public rights-of-way shown on plans approved by the City Council and which abut the subject property shall be dedicated to the planned right-of-way line or a deed of dedication deposited in escrow with an escrow agent acceptable to the City Attorney, the delivery of which is conditioned upon the required permit being granted.

B. All improvements of streets, alleys, and other public rights-of-way which abut the subject property and are required in order to conform to improvement standards approved by the City Council shall be installed, or a performance bond, in a reasonable amount to be determined by the City Engineer, with sureties to be approved by the City Attorney, shall be filed with the City Clerk, or cash in a like amount shall be deposited with the Finance Director, to be placed in a trust fund.

C. Required Improvements. Any construction of a new primary dwelling unit or expansion of 50% or more of the existing floor area of a primary dwelling unit, shall be required to provide the following right-of-way improvements as are deemed necessary and applicable by the Director of Public Works:

1. Sidewalk and Parkway. Construction or repair of a sidewalk and parkway along the project frontage.

The sidewalk shall have a minimum clear width of five (5) feet with a parkway, or six (6) feet if the sidewalk adjoins the curb.

2. Curb and Gutter. Construction or repair of curbs and gutters adjoining the site. All unused curb cuts shall be replaced with a full-height curb and gutter.

3. Street Trees. As required by Subsection 18.24.190 of the Municipal Code.

4. Bicycle Trail. As required by Subsection 18.64.020. Construction of bicycle trail as required by the "Fourth District Bikeways Strategy" adopted by the Orange County Transportation.

D. Encroachment Permit Required. Except as otherwise provided in this Section, it is unlawful for any person to encroach or make or cause to be made any encroachment in the public right-of-way or on property subject to a public utility easement, or other easement available for use by public utilities, without first obtaining an encroachment permit from the Public Works Department.

1. Encroachment permits for right-of-way improvements shall be obtained prior to the issuance of a building permit and prior to any work being done within the right-of-way.

2. Street improvement plans for all work in the public right-of-way shall be prepared by a licensed civil engineer, whose signed engineer’s stamp shall appear on the plans. Final construction plans and specifications shall be approved by the City Engineer, and released for construction, prior to the issuance of the encroachment permit.

E. Parkways. A parkway (i.e., planting strip or tree buffer) is a portion of the street right-of-way lying between the curb and sidewalk.

1. Any objects placed in the parkway (e.g. rocks, benches, etc.) shall not present a hazard or public nuisance and shall not block a clear line of sight across the parkway.

Chapter 19.324 Development Standards—Outdoor Improvements

19.324.010 Trash Storage Facilities.

A. All refuse shall be stored within trash containers which meet City standards. Except when temporarily placed for pickup, all such containers shall be located or screened so as not to be in public view.

B. Except for a temporary use, any non-residential use in the residential zones shall comply with the trash storage requirements for commercial uses under Division 5.

19.324.020 Outdoor Storage and Display.

A. Outdoor Storage. Outdoor storage of materials, equipment or other items is permitted, subject to all other limitations of this ordinance and other laws. Outdoor storage shall not be located in any required parking area or accessway, in any front yard, in any area required to be landscaped, or in any area where a six (6) foot high fence is not permitted. Outdoor storage shall be stored within a detached accessory structure, such as a shed or similar structure.

B. Outdoor Display. Temporary outdoor displays are permitted when authorized as part of a special events sale under Title 19, Division 10, or as part of a yard sale authorized under Section 19.348.040.

19.324.030 Firepits, Detached Fireplaces, and Fountains.

A. Outdoor fire/barbecue pits and fixed freestanding barbecues shall maintain a minimum setback of twenty (20) feet from the front property line or five (5) feet from any other property line. Outdoor fire/barbecue pits and fixed freestanding barbecues shall maintain a minimum of five (5) feet from any dwelling or accessory structure on a lot.

B. Detached fireplaces are permitted within the side yard and rear yard setback. Detached fireplaces located within the side and rear yard areas shall not be greater than eight (8) feet in width. Residential detached fireplace/chimneys shall have a maximum height of 7.5 feet within the side yard and ten (10) feet within the rear yard. Any outdoor detached fireplace shall maintain a minimum setback of five (5) feet from any side or rear yard property line.

C. Fountains may be located within the front, street side, and/or rear yard setback. Fountains located within the required twenty (20) feet front yard setback, or ten (10) or fifteen (15) foot street side setback shall be at least six (6) feet from the property line and shall not exceed seven (7) feet in height. Fountains located within the required twenty-five (25) feet rear yard setback shall be at least five (5) feet from the property line and shall not exceed ten (10) feet in height. All fountains shall not exceed ten (10) square feet.

19.324.040 Patio Covers, Gazebos, and Cabanas.

A. The construction of patio covers, gazebos, and cabanas shall comply with the following standards:

1. These structures may be erected within the required side yard or rear yard provided that the clear space between the structure and the property line shall not be less than four (4) feet on the side and five (5) feet in the rear.

2. If located within a required side yard or rear yard setback, the height of the structure shall not exceed ten (10) feet from finished grade.

3. Gazebos or Cabanas shall not be enclosed by solid materials including transparent or opaque.

19.324.050 Swimming Pools and Spas.

Pool and Spa enclosures shall be compliant with CBC Chapter 31 Section 3119B, the California Residential Code (CRC) Appendix AX, The California Health and Safety Code (HCS) Article 2.5 (Sections 115920- 115929) “The Swimming Pool Safety Act” and this Code.

Chapter 19.328 Development Standards—Fences, Walls, Hedges, and Berms

19.328.010 General Requirements.

A. Required Permits and Approvals. No fence shall be constructed within any single-family residential zoning district until the plans and design for such fence have been approved by the Planning Director pursuant to the zoning compliance review procedure (Section 19.128.090).

1. Building Permit. Fences and walls may require a building permit as required by the California Building Code. Fences over 6 feet in height and block walls will require a building permit with the exception of the following: block or retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.

B. All fences, whether required or not, shall be located and limited in accordance with provisions of this Division.

C. Fences are required under various provisions of this Division and other laws, including, but not limited to, the screening and protection of parking areas, storage areas, swimming and therapeutic pools, and utility facilities.

D. Such required fences together with the facilities and activities required to be enclosed shall be located so as not to conflict with open space and yard setback requirements.

E. Conflict with State Law. In the case of fencing requirements pursuant to state law which unavoidably conflict with the requirements of this Division, the State requirements shall prevail.

19.328.020 Fence Height and Locations.

A. Each fence, wall, or screen shall comply with the height limits and locations shown in Table 19.328.020.

B. Fence height shall be measured as the vertical distance between the finished grade at the base of the fence and the top edge of the fence material. Grade shall not be modified in order to increase fence height.

Table 19.328.020
Maximum Height of Fences, Walls, and Screening in Required Yard Area Location of Fence/Wall/Screen (2) Maximum Height Design Standard Located anywhere on a lot 2 feet Solid Fencing
Located anywhere on a lot
4 feet plus an additional
6-inches for decorative
elements on top of
pilasters
Upper 2 feet shall be nonview-obscuring, such as
wrought iron, split-rail, or
picket fencing. (1)
Front Yard – with a minimum setback of 20-
feet from the front property line 6-feet
Standard Corner Lot – Side Yard adjacent to
the street within the 10-foot setback area 7 feet (3)
Reversed Corner Lot – Side Yard adjacent
to a street with a minimum setback of 10
feet from the property line
7 feet (3)
Interior Side Yard and Rear Yards 7 feet
(1) Non-view obscuring shall mean a design which does not obscure sight through more than 25 percent of the area in the vertical plane.
(2) Except as restricted above, the maximum height of any fence in residential zones shall be 7 feet, except where a greater height is required for noise reduction as determined by an acoustic analysis. (3) Fences within required vision clearance areas adjacent to driveways or alleys intersecting with public streets must not obscure sight through more than 25 percent of the area in the vertical plane between 2 feet and 7 feet in height.

19.328.030 Fence Materials and Design.

A. All fences in each RS zone, whether required or not, shall:

1. Utilize no salvaged materials unless reconditioned or refinished to the satisfaction of the Community and Economic Development Director;

2. Be suitably finished on both sides unless the applicant prefers the lesser finish facing their property, such as stringers on interior for security purposes and stucco versus non-stucco finish;

3. Shall be architecturally compatible with the primary structure and include matching paint, finish, and trim cap of the building.

4. All fences shall be maintained in good repair and appearance.

5. Unfinished wood or metal are not permitted.

B. Vision Clearance Area. Any fence within a required vision clearance area adjacent to any driveway or alley where it intersects with a public street. The design of such fence shall provide a minimum of 4 inches of spacing between the vertical or horizontal elements between 2 feet and 7 feet in height.

C. Any masonry wall shall be of a minimum 6-inch-wide block construction. In addition, the wall shall be of ornamental masonry in earth tone colors compatible with the structures on the property. Standard grey or pink block shall not be considered as ornamental masonry and may not be used except to match existing adjacent walls.

D. Prohibited Materials. The following fence materials are prohibited in each RS zone unless approved by the designated approval authority for security needs or required by the City, State, federal law, regulation, or as specified below.

1. Chain link fencing

2. Barbed wire or electrified fencing

3. Razor or concertina wire in conjunction with a fence or wall, or by itself.

19.328.040 Double Fences.

A. Any parallel fences constructed with less than three (3) feet separation shall be considered double fences. It is the intent of the City to discourage double fences whenever possible in order to avoid areas in which children and animals may become lodged, areas which may encourage rodent infestation, and areas which may accumulate litter, debris, and weeds.

B. In instances where double fences are unavoidable, the gap between the fences shall be completely sealed with flashing, cement cap, or other material in a manner acceptable to the Planning and Building Divisions.

C. Where a new fence is required along a property line and an existing fence or wall is located on the opposite side of the property line, the Director of Community and Economic Development may suspend the requirement for the new fence provided that the existing fence can substantially satisfy all requirements of this Division and/or any conditions of an approval. Such suspension shall become null and void once the adjacent wall or fence is removed or found unacceptable by the Director and the requirement for the new fence shall be complied with at such time.

Chapter 19.332 Development Standards—Landscaping

19.332.010 Landscape Provisions for Residential Uses.

A. For residential uses in the RS zones, all required yards which abut streets shall be permanently landscaped except for any portion of such yards occupied by permitted encroachments or located behind solid fences or walls at least six (6) feet high.

B. For all single-family residential uses, a minimum of fifty (50) percent of each required yard abutting a street shall be permanently maintained with landscaping. The requirement of this section shall not preclude the provision of access walkways and driveways provided that the proposed hardscape does not exceed fifty (50) percent of the area and which meets other minimum requirements of this Division.

C. All landscape installation or rehabilitation shall meet the requirements of the City’s Water Efficient Landscape Ordinance to ensure that the design, installation, and maintenance of landscaping conserves water.

D. Artificial turf may be permissible in lieu of natural turf within the front, side, and rear yards, and yards adjacent to a public street. Installation of artificial turf shall require an Artificial Turf Permit. Installation of artificial turf shall comply with the following criteria:

1. Artificial Turf Permit Requirements:
i. If artificial turf is proposed to be located in the parkway, the Applicant shall contact the Public Works Department, as separate approval is required.
ii. If artificial turf is proposed to be located in the front, side, or rear yard abutting a street, the Property Owner shall fill out an application for an Artificial Turf Permit and shall complete a Certification of Artificial Turf Installation completed by a licensed professional, along with a minimum 8-year “no fade” warranty.
iii. Installation shall be performed by a licensed professional and shall be installed pursuant to manufacturer’s requirements.
iv. Artificial turf shall be maintained in a green fadeless condition and shall be maintained free of stains, weeds, debris, tears, holes, and impressions.
v. Artificial turf shall be separated from flower beds by a concrete mow strip, bender board, or other barrier acceptable to the City to prevent intrusion of living plant material into the artificial turf. vi. A minimum of twenty (20) percent of the landscaped area shall contain living plant material (i.e. flower beds, tree wells, etc.) and shall be included within the overall landscape design when installing artificial turf. Living plant material shall include shrubs, vines, trees, and ground covers. vii. All areas not occupied by structures or approved pavement shall be landscaped. Landscaped areas shall consist of plantings, lawn/turf, mulch, or bark. Artificial turf may be used if its substrate is permeable.

E. Tree Removal Regulations. No person shall damage, remove, cause to be damaged, or removed, any tree on a single-family residential property in the City without first obtaining approval from the Community and Economic Development Director.

1. The Community and Economic Development Director may approve the removal or relocation of a tree, at no cost to the City, if the tree is:
i. To be relocated on the same property
ii. Posing an immediate threat to health, safety, or property iii. Dead, diseased, and/or in severe decline as determined by an ISA Certified Arborist iv. Damaging public property creating a public safety hazard v. Damaging improvements on private property
vi. Interfering with public utilities
vii. Removed to preserve the health of an urban grove
viii. A non-native tree and is to be replaced by a healthy native tree F. Landscaped areas shall be kept in a neat and clean condition, free of debris and dead, diseased, or dying vegetation, and broken or defective decorative elements of the landscaped area. Vegetation in landscaped areas shall be mowed, groomed, trimmed, pruned, and watered as to keep the same in a healthy, growing condition. Irrigation systems shall be kept in good working condition and repair so as to prevent leaks, or create public health hazards.

G. New Construction shall plant a minimum of one (1) tree along each street frontage. Trees shall be a minimum size of 15-gallons at the time of planting.

H. Pavement or hardscape shall not exceed fifty (50) percent of a front yard. See Figure B.

Figure B. Pavement/Hardscape Requirement

19.332.020 Landscape Provisions for Non-residential Uses.

A. For non-residential uses permitted in the RS zones, all portions of a developed site not occupied by other permitted facilities shall be permanently landscaped in accordance with this Division and with the landscape and irrigation requirements of Chapter 19.532, Division 5 for commercial uses.

B. Buffer Fence and Landscaping Abutting RS-zoned Property. For any permitted non-residential use in the RS zones with parking located adjacent to residentially zoned property, a block wall or solid fence with a minimum six (6) foot height and a minimum five (5) foot wide planter shall be provided along the property line as a buffer.

Chapter 19.336 Development Standards—Vehicular Provisions

19.336.010 Vehicular Provisions for Non-residential Uses.

With the exception of required setbacks (see Section 19.320.010) and the landscape buffer requirement of Section 19.332.020, the vehicular provisions of Chapter 19.536, Division 5 for commercial uses shall apply for any permitted non-residential use in the RS zones.

19.336.020 Vision Clearance.

A. Vision clearance areas shall be provided as follows:

1. On any corner lot: a triangular area at the street intersection measuring fifteen (15) feet along each street property line (or the projections thereof parallel to the centerlines of the streets) from the point of intersection of such property lines (or the projections thereof);

2. At the intersection of an alley with a street, or at the intersection of two (2) alleys, or at an angle point where the alignment of an alley changes by sixty (60) degrees or more: a triangular area measuring fifteen (15) feet along each street or alley property line from the point of intersection of the property lines;

3. At any driveway entrance from or exit to a street: triangular areas on each side of the driveway measuring fifteen (15) feet along the street property line and fifteen (15) feet along the edge of the driveway from the point of intersection of the edge of the driveway with the street property line.

B. Within a required vision clearance area, there shall be no obstruction to sight between two (2) feet and seven (7) feet above the established street grade with any fence, tree, shrub, or other obstruction.

Where the vision clearance area for an existing driveway falls on adjacent property, no additional obstruction in the two-foot to seven-foot height range shall be placed in the vision clearance area except a fence which meets the fence design criteria for vision clearance areas under Section 19.328.030.

Where existing obstructions exist on adjacent property in the two-foot to seven-foot height range, any new driveway constructed on the subject property shall be located so as to not have any such obstructions in its vision clearance areas.

Figure C. Corner Lot Vision Clearance
C. Permitted Encroachments. The following encroachments are permitted within the minimum required vision clearance area:

1. Utility-owned pole lines within approved easements.

2. Access walkways.

3. Fences, walls, hedges, and berms, subject to the design criteria under Section 19.328.030.

4. Landscaping, such as trees, vines, shrubs, and/or ornamental grasses, not exceeding two (2) feet high. Landscaping height may be adjusted to four (4) feet in height provided that it does not act as a privacy screen by spacing less dense trees and shrubs a minimum of five (5) feet apart.

19.336.030 Residential Driveway Standards.

A. In case of any conflict between the requirements of this section and any safety requirements pursuant to the Fire Code, the Fire Code requirements shall prevail.

B. All garage, carport, parking area, or other off-street vehicular area shall be connected to one (1) or more public streets or alleys by one (1) or more driveways meeting the standards set forth in this section.

C. Driveway Width.

1. The minimum driveway width in all RS zones shall be ten (10) feet.

2. The maximum driveway width in all RS zones shall not be wider than 20-feet, unless the number of bedrooms exceeds four (4), in which case the maximum driveway width shall be 30- feet.
i. If more parking spaces are required pursuant to 19.336.040, additional parking spaces may be provided in the side or rear yards.
ii. When a garage is located in the rear yard, whether attached or detached, the maximum permitted driveway width within the front yard setback area shall be no more than twelve (12) feet.

3. Where the driveway approach width at the street property line required by the City Engineer pursuant to Title 12 is different from the driveway width required by this section, a variable width transition segment outside the street right-of-way shall be provided to provide a smooth connection.

4. Vehicle parking in the front yard area of any residentially zoned lot is prohibited, with the exception of parking on a paved driveway.

D. Vehicle Storage in Single-Family Zones.

1. Vehicle Parking. Refer to Section 19.1108.050 (Motor Vehicle Parking) for additional requirements.

2. Recreational Vehicle, Boat, and Trailer Parking.
a. Purpose. The purpose of these regulations is to establish standards for the parking and storage of recreational vehicles, boats, truck camper, and trailers as an accessory use in residential zones in order to protect the integrity, value, and character of residential neighborhoods along with public health and safety.

3. Definitions.
a. Recreational vehicle or “RV” means both motorized and non-motorized vehicles that combine transportation and temporary living quarters for travel, recreation, or camping. Does not include mobile homes or off-road vehicles.
b. “Motorized recreational vehicle” means a motorhome built on a truck, bus, or van chassis. c. “Non-motorized recreational vehicle” means a towable recreational vehicle, combining transportation and temporary living quarters for travel, recreation, or camping, that can be unhitched. Examples include, but are not limited to, conventional travel trailer, fifth-wheel travel trailers, travel trailers with expandable ends, folding camping trailers, and sport utility trailers. Boats, horse trailers, utility trailers for storing recreational vehicles, equipment, and all-terrain vehicles (ATVs), motorcycles or personal watercraft stored on trailers utilized for recreational purposes are also considered as non-motorized recreational vehicles. Pickup camper shells that have been removed from the vehicle and stored are considered non-motorized recreational vehicles.

4. Exclusions. Van campers and truck campers are excluded from the recreational vehicle definition because they may be used for non-travel-recreation or camping trips, such as commuting to work or school.

5. “Park,” “parking,” “parked,” “stored” and “storage” mean on-site parking of recreational vehicles on residential property for a continuous period more than 72 hours.

6. “Front yard” means the area within the required front yard setback and any area between the street and the main building line as shown in the diagrams below. For other unique lot configurations, the Community and Economic Development Director shall determine front yard.

7. Registered Owner. The registered owner of an RV stored on the property must either be the owner of the property or use the property as their primary residence. This subsection shall not apply to a single RV stored on the property as a result of visiting guest(s) for up to 72 hours.

8. RV, Boat, Camping Trailer, and Utility Trailer Parking and Storage Standards. a. Accessory Use. Parking or storage may occur as accessory use to the primary residential use of the property and is only allowed on a lot with a habitable residence. b. Front Yards. No storage may occur in the front yard. Temporary parking of an RV on a paved driveway within the front yard setback area shall be allowed for up to 72 hours for the purpose of loading, unloading or otherwise prepping and cleaning the RV. No portion of the temporarily parked RV shall encroach into the public sidewalk nor encroach into the public right-of-way. c. Rear Yards. Parking or storage is permitted in the rear yard. A minimum clearance of three (3) feet on each side of the stored vehicle shall be provided.
d. Side Yards. Parking or storage is permitted when located behind the front face of the main structure.

When a recreational vehicle, boat, or trailer is parked or stored in the side yard, a minimum clearance of three (3) feet shall be provided between the vehicle and the building wall if adjacent to egress window(s) for the dwelling unit.
e. Parking Surface. Parking and storage shall be on a paved surface (concrete, pavers, etc.) and proper care shall be taken to prevent gasoline, motor oils, or other hazardous fluids from leaking onto the ground, draining, or runoff into storm drain or water course. f. Temporary Coverings. No temporary coverings such as tarps or cloth screens are permitted. Fitted covers are permitted and may be used if they are specifically designed for the RV, boat, camping trailer, or utility trailer and maintained in good condition without holes, rips or tears.

E. Ribbon Driveway Design Standards.

1. Ribbons shall be a minimum of two (2) feet wide and a maximum of three (3) feet wide.

2. Ribbons shall be three (3) feet apart measured from their nearest edges. The space between ribbons shall be planted in turf grass, artificial turf, or other ground cover used in the front yard.

3. Ribbons shall be surfaced with concrete including decorative concrete, patterned concrete, and exposed aggregate concrete; porous asphalt, concrete pavers, paving blocks, gravel, or other materials approved by the Community and Economic Development Director.

4. Honeycomb shaped concrete grids filled with artificial turf or landscape may be used instead of ribbon driveways to reduce the amount of hardscape in the front yard.

5. One (1) driveway is permitted per parcel. Parcels with more than 75-feet of street frontage are permitted to have two (2) driveways and a maximum of two (2) curb cuts may be allowed per lot to allow street parking between the two (2) driveways. This may include the following:
i. One (1) driveway with one (1) curb-cut and one (1) ribbon driveway leading to the side yard with an additional curb cut within the front yard.
ii. One (1) driveway with one (1) curb cut and one (1) ribbon driveway extending off of driveway without a curb cut within the front yard. See subsection 7. iii. One (1) driveway with one (1) curb-cut located in the front yard and one (1) ribbon driveway located within the rear yard/alley or side yard abutting a street in corner lots. iv. One (1) driveway with one (1) curb-cut located in the front yard and one (1) ribbon driveway with an additional curb cut within the rear yard/alley side yard abutting a street in corner lots.
v. Other unique lot configurations will be reviewed and approved by the Community and Economic Development Director.

6. One (1) single slab or ribbon driveway and one (1) curb cut shall be permitted per every 75 feet of frontage of a single-family residential lot. A maximum of two (2) curb cuts may be allowed per parcel. New single-family developments taking access from collector or arterial streets shall share driveways in order to protect public safety by limiting curb cuts.

7. A single slab driveway may be used in conjunction with a ribbon driveway provided that the current slab driveway does not provide access to the side or rear yard for the purposes of vehicle storage.

An additional curb cut is required.

8. Ribbon driveways may extend off the driveway within the front yard setback to the adjoining side yard. When the ribbon driveways extend off the driveway, parking and storage of vehicles shall be located behind the fence in the side yard. Temporary parking of a vehicle for over 72 hours within the front yard setback on ribbon driveways that extends off the driveway is prohibited. Ribbon driveways that extend off the driveway shall include a parking pad for vehicles behind a solid gate within the side or rear yard.

F. Permitted Encroachments. The following encroachments are permitted within the required minimum driveway width:

1. Projections from buildings, with the minimum required height clearance of subsection G of this section, such as:
i. Cantilevered eaves, awnings, and shading devices.
ii. Architectural features—sills, cornices, buttresses, etc. iii. Mechanical equipment cantilevered from building.
iv. Balconies, second floor overhangs, and porte cocheres.

Figure D. Driveway Ribbons
Figure E. Driveway Ribbons extending off driveway

2. Utility-owned pole lines within approved easements.

3. Access walkways.

4. A maximum of five (5) foot walkway in addition to the permissible driveway leading to the side yard and/or the front of the house.

5. Security gate, subject to vision clearance requirements of Section 19.336.020 and allowable fence height of Section 19.328.020.

G. Driveway Height Clearance. Within the required driveway width, there shall be no obstruction from the driveway surface to a height of eight (8) feet.

H. Driveway Curvature. The minimum turning radius for any curve in a driveway shall be twenty-five (25) feet measured to the outside edge of the driveway.

I. Circular Driveways. There shall be no circular driveway in a front yard area with two driveway entrances from the same street unless the distance between the driveway approaches is a minimum of thirty (30) feet or more as measured from inside edge to inside edge. Such driveways shall be subject to Public Works Director and City Engineer approval via the Interdepartmental Review procedure (Section 19.128.100).

J. Driveway Circulation Pattern.

1. Any garage or accessory building having vehicular entry facing an alley shall be located at least thirty (30) feet from the opposite side of the alley.

2. Any garage or carport with its vehicular entrance facing a street shall be set back at least twenty (20) feet from the street property line in order to allow temporary parking in the driveway without obstructing any portion of a public right-of-way.

19.336.040 Parking Spaces Required.

A. The minimum requirements for each use shall be as shown in Table 19.336.040, entitled Parking Spaces Required. Additional requirements may be imposed, based upon substantiated estimates, as a condition of approval of a development under site plan review, conditional use permit, or other development approval procedure provided for in this Title.

B. For uses or property for which no parking requirement is set forth in Table 19.336.040, nor previously determined under the interpretation procedure (Section 19.128.010), nor established under a development approval procedure, a parking requirement shall be determined for that type of use pursuant to the interpretation procedure set forth in Section 19.128.010.

C. Required off-street parking covered and uncovered must be for the parking of vehicles, unless approved by the City for another use. Garage entrances and driveways shall be free of obstacles so that vehicles can freely access the driveway and garage or carport interior and be parked inside.

Table 19.336.040

PARKING SPACES REQUIRED
Use Parking Spaces Required
Residential Uses
RS-6 and RS-8 Zones
Single-family dwellings containing 4 or less
bedrooms.
2 garage spaces + 2 additional driveway spaces
Single-family dwelling containing 5 or more
bedrooms.
2 garage spaces + 2 additional driveway spaces + 1 space per each bedroom in excess of 4 bedrooms.

RS-10 and RS-16 Zones
Single-family dwelling containing 5 or less
bedrooms.
3 garage spaces + 2 additional driveway spaces
Single-family dwelling containing 6 or more
bedrooms.
3 garage spaces + 2 additional driveway spaces+ 1 space per each bedroom in excess of 5 bedrooms.

Community residential care
Small group care home. 2 spaces (in garage)
Other community residential care facility. To be determined under conditional use permit based on licensed capacity, type of care, and number of employees Non-Residential Uses
See Table 19.536.040 for parking spaces required for non-residential uses.

19.336.050 Residential Parking Location.

The required single-family residential parking shall be located on the same lot as the residential dwelling.

19.336.060 Residential Parking Dimensions and Layout.

A. Dimension of parking space. In RS zones, a parking space (interior or exterior) shall have minimum ten (10) foot width and twenty (20) foot length, with a minimum twenty-five (25) foot aisle for access into the parking spaces where applicable and with a minimum garage floor area as required pursuant to Table 19.316.090.

B. There shall be a clear vehicular entry to every required parking space at least equal in width to the required width of the space, except that for spaces in residential garages or carports, the vehicular entry widths shall be at least equal to the minimum door or opening widths as required by Table 19.316.090.

C. Each parking space and aisle shall have a clear height of at least six and one-half feet, except a storage bin may project not more than two and one-half feet into the front of a parking space with a clear height from the parking surface of at least four feet. For all nonresidential parking areas and for residential visitor parking spaces, at least twenty percent of the spaces provided together with their associated parking aisles shall have a clear height of at least seven feet.

D. For permitted residential uses in the RS zones, other than a single-family dwelling, the residential parking dimensions and layout provisions of Section 19.436.070 of Division 4 may apply upon the Director’s approval.

19.336.070 Residential Parking Improvements.

A. Except as otherwise specified in this Title, parking may be provided in parking lots, carports, garages, or other parking structures. Non-single-family uses in the RS Zones refer to Chapter 19.536.

B. Drainage. All areas for the movement, parking, loading, repair, or storage of vehicles shall be graded and drained to dispose of surface water. In all cases except single-family residential uses, drainage shall be arranged to prevent surface flow across walkways and driveways.

C. Paving.

1. With the exception of non-required parking spaces on single-family residential lots, all areas for the movement and parking of vehicles shall be paved and maintained to eliminate dust and mud, to provide an even, unbroken driving surface, and to present a uniform appearance.

2. Single-family uses in the RS Zones, all driveway approaches, driveways, required parking areas, and floors of carports and garages shall be concrete or decorative cement pavers. The use of asphalt, decomposed granite, gravel, or similar materials is not permitted.

Chapter 19.340 Development Standards – Utilities and Mechanical Equipment

19.340.010 Undergrounding of Utilities.

A. Except for underground utilities waivers permitted for single-family homes in accordance with Section 19.128.100, new construction or relocation of a main building, or a change of use to a nonresidential use requires that all utility lines within the site boundaries shall be placed underground. Necessary surfacemounted utility equipment is permitted, provided it is screened from public view in the same manner as required for mechanical equipment as provided in Section 19.340.020.

B. The provisions of this section may be waived pursuant to the procedure provided under Section 19.128.060 and Section 19.128.100.

19.340.020 Visual Screening of Mechanical Equipment.

A. All exterior equipment, whether freestanding or attached to a building, including pipes, conduit, and duct work shall be effectively screened from public right-of-way or architecturally integrated into a building structure, with the following exceptions:

1. Ordinary vents on single-family dwellings;

2. Window-mounted air conditioning units on single-family dwellings;

3. Solar panel surfaces (but not supports, piping, etc.);

4. Outdoor lighting standards and fixtures.

B. It is required for all new construction to provide for any such equipment during the initial design stages by parapets, penthouses, etc. Existing facilities, or those structures under construction may screen such equipment with architecturally designed screens.

C. Plan Check (Retrofits). Applicant shall submit a plot plan which shall indicate clearly and by full dimensions the following information:

1. Lot dimensions

2. All buildings and structures: location, size, height, and proposed use.

3. All walls, fences and landscaping: location, height, and materials.

4. Location of equipment proposed to be installed.

5. Elevations of equipment and proposed screening, depicting colors, materials, and dimensions of screening.

D. Design / Materials.

1. Screening must be architecturally consistent with the building in terms of design type, materials and colors.

Effective screening does not call attention to itself, but quietly complements the building.

2. No raw or untreated materials shall be used on roof or building mounts. Fire Code requirements for the particular use and/or building will determine the permitted combustible or non-combustible material.

3. Above-ground utilities, transformers, and other mechanical equipment placed between the front or street side of a residence and a public street or vehicular or pedestrian accessway, shall be screened from view by a fence, wall, or landscaping.

4. Excluding solar panels, roof-mounted equipment shall be hidden from view from the public street behind roof peaks or parapets.

5. Utility and mechanical equipment shall not obstruct pedestrian pathways.

E. Electric Vehicle (EV) Charging Stations in Single-Family Zones.

1. Pursuant to Government Code Sections 65850.7 and 65850.71, any EV charging stations installed within any RS zone, is subject to the provisions of the streamlined permitting process pursuant to Chapter 15.71 of the City of Buena Park Municipal Code. In addition, EV charging stations in RS zones shall meet the requirements set forth in the Building Division’s Electric Vehicle Charging System Guidelines for Residential Buildings. In addition, the EV charging station installation and equipment shall be consistent with the rules and regulations in CALGreen Building Standards Code and CBC Chapter 11A and 11B as applicable.

F. Treatment of Above Grade Transformers; Meters; Gas Manifolds, etc. It is the intent to encourage the placement of such equipment in underground vaults. If located above grade for a residential use, such equipment shall be placed in a side yard out of direct view from the street. If located above grade for a nonresidential use, such equipment shall be screened from public view by an architectural screen and landscaping.

G. Maintenance. All screening devices shall be permanently maintained as a condition of the use.

19.340.030 Communications Antennae Placement in Residential Zones.

A. Communication antennae (including guy wires, supports, and antennae elements) shall be permitted anywhere on a lot except in front or side yard setback areas abutting a street and in required rear and side yard setback areas.

B. Communication antennae shall not be supported by wooden towers.

19.340.040 Receive-only Television, Satellite Dish, and Radio Antennae Placement in Residential Zones.

A. Receive-only Antennae Weighing Less than Thirty-Five (35) Pounds.

1. Any receive-only antenna weighing less than thirty-five (35) pounds may be mounted in the rear yard, interior side yard, or on the roof of any residential structure, subject to all conditions hereinafter provided.

2. Any receive-only antenna weighing less than thirty-five (35) pounds may be mounted in the front yard or street side yard of any residence, subject to conditions hereinafter provided, upon receipt of an antenna permit obtained in accordance with the provisions of subsection E of this section.

B. Receive-only Antennae Weighing Thirty-Five (35) Pounds or More.

1. Each receive-only antenna weighing thirty-five (35) pounds or more shall be installed in the rear yard, except as hereinafter provided.

2. In the event overall quality of reception in the rear yard is not at least equal to that received by cable, or other circumstances preclude such installation, a permit may be obtained, in accordance with the provisions of subsection E of this section, authorizing the antenna to be located in order of preferred placement, in a side yard, on the roof of a structure, or in the front yard, subject to conditions hereinafter imposed.

C. Screening Required.

1. Each receive-only antenna visible to the public which has a surface area exceeding twenty (20) square feet, or which is to be mounted in the front yard, shall be screened to the satisfaction of the City Planner or his or her designee. If such antenna is to be mounted directly, or through a supporting structure, to the ground, then such screening shall be accomplished through the use of appropriate plants, trees or shrubbery, and wood lattice or other material compatible with the residence or other structures. Plants, trees, or shrubs to be utilized for screening purposes shall have a minimum container volume of fifteen (15) gallons at the time of planting. All such screening shall be on three (3) sides and shall be sufficiently high so as to screen ninety percent or more of the antenna from public view.

2. Each receive-only antenna with a surface area exceeding twenty (20) square feet which is permitted to be roof mounted, shall be screened with materials compatible with the structure upon which such antenna is mounted and shall be screened to the satisfaction of the City Planner or his or her designee. Such screening shall be on at least three (3) sides and shall be sufficiently high so as to screen at least ninety (90) percent of the antenna from public view.

D. Conditions and Restrictions Applicable to All Receive-only Antenna Installations.

1. Location.
a. The preferred order of placement of any receive only antenna is rear yard first, then side yard, roof, and finally front yard.
b. No receive-only antenna, or its supporting structure, shall be installed in any required setback or in any other location which would impede emergency access to any portion of the subject property.

2. Height. No receive-only antenna shall exceed ten (10) feet in height above the peak roof line of the structure upon which such antenna is mounted or ten (10) feet above the peak roof line of the closest building or residential structure located on the subject property if such antenna is not to be roof mounted.

3. The provisions of Section 19.340.030 and this section hereinafter shall not be deemed to preempt or supersede contractual conditions, covenants and/or restrictions which may prohibit such antenna installation.

4. No receive-only satellite dish antenna shall exceed ten (10) feet, six (6) inches in diameter.

5. Each receive-only satellite dish antenna shall be earth-tone or neutral in color and shall be constructed of a “see-through” mesh or open grid design. Solid surface receive-only satellite dish antennae, such as solid white fiberglass designs, are prohibited unless completely screened from view at all times.

6. Nothing herein shall excuse any person from obtaining all permits otherwise required or from complying with any and all applicable local and State codes, laws and regulations pertaining to the installation of antennae and/or antenna supporting structures.

E. Receive-only Antenna Permit Application.

1. Where a permit is required, or application therefor is authorized, under any provision of Section 19.340.030 or this section, each person desiring a permit shall apply to the City’s Planning Division.

The applicant shall provide a completed application on a form provided by the Planning Division containing at minimum, the following:
i. Name, address, and telephone number of the applicant ii. The specific location where the applicant proposes to install the antenna, including a detailed description of the antenna design and any supporting structure proposed to be utilized, including size, weight, and such other information as the Planning Division may require iii. Specific reasons as to why the antenna proposed to be installed should not be mounted in the rear yard, or otherwise, in accordance with the preferred order of placement, as herein prescribed iv. If required herein, a description of the screening proposed to be utilized by the applicant v. A sketch or other drawing, satisfactory to the Director, showing:
a. Location of physical features on the subject property b. Approximate dimensions (plus or minus one foot) of the subject lot and physical features thereon
c. The specific location where the antenna, and screening if required, are proposed to be installed
d. Any other physical features in the area of the subject property which applicant feels would adversely affect reception in those areas set forth herein as “preferred,” and e. The design of the antenna and proposed support structure vi. A statement as to why the proposed antenna may not be satisfactorily installed, or will not satisfactorily function, in a preferred area, as prescribed herein vii. A declaration made under penalty of perjury that either the property upon which the antenna is proposed to be installed is not subject to any contractual covenants, conditions, or restrictions, or alternatively, that any applicable contractual covenants, conditions, or restrictions do not preclude the installation of the antenna, as proposed by the applicant.

2. All applicants for an antenna permit may be required to show to the satisfaction of the Director that circumstances preclude installation in a preferred area, or that reception quality in the preferred area or areas is insufficient, as herein prescribed.

3. Any person aggrieved by any provisions of this section due to exceptional circumstances may apply for an antenna permit in accordance with the provisions of subsection E of this section.

Chapter 19.344 Development Standards—Environmental Effects

19.344.010 Noise Control.

In addition to the requirements of Title 8, the following noise standards shall be met where applicable:

A. Residential Acoustical Design.

1. For all dwelling and group quarters, the development shall be designed to achieve:
i. Within each main building, a community noise equivalent level (CNEL) not exceeding forty-five decibels;
ii. In outdoor areas, a community noise equivalent level (CNEL) not exceeding sixty-five (65) decibels, except that where it is not reasonably possible to achieve this objective, the development shall be designed to provide the lowest noise level reasonably possible within private open areas and/or common usable open areas of at least one hundred (100) square feet per unit, with access to such area available to the residents of each unit.

2. Acoustical design and analysis shall be based upon the projected noise contours as shown in the noise element of the General Plan and Chapter 8.28 of the Buena Park Municipal Code.

B. Air Conditioning Equipment. Exterior air conditioning equipment, other than self-contained window-mounted units in single-family dwellings, shall have a decibel rating of no more than 60dBA and shall comply with the City’s noise standards pursuant to Chapter 8.28.

19.344.020 Compliance with Airport Environs Land Use Plan for Orange County. (RESERVED)

19.344.030 Lighting.

A. Lighting on any premises shall be directed, controlled, screened, or shaded in such a manner as not to shine or fall directly onto surrounding properties or create glare hazards within public rights-of-way. Where adjacent owners enter into a written agreement, which shall be recorded, for the joint illumination of their premises, their combined properties shall be considered as a single premises for purposes of this regulation.

B. The use of unshaded clear bulbs in exterior lighting is prohibited.

19.344.040 Maintenance and Operation.

All uses and activities shall be operated and maintained so as not to be hazardous, obnoxious, or offensive due to air pollution, odor, dust, smoke, gas, water pollution, noise, vibration, illumination, glare, electromagnetic disturbance or other radiation, or similar effects detrimental to public health, safety, and welfare. All federal, state, and local laws and regulations concerning environmental protection shall be complied with.

Chapter 19.348 Special Requirements for Certain Uses

19.348.010 Accessory Dwelling Units and Junior Accessory Dwelling Units.

A. Purpose. The purpose of this section is to establish regulations governing accessory dwelling units (ADU) and junior accessory dwelling units (JADU) in compliance with California Government Code Sections 66314-66339, and to provide local standards for the development of accessory dwelling units and junior accessory dwelling units so as to increase the supply of smaller and affordable housing units in the City while ensuring that such units remain compatible with existing neighborhoods. An accessory dwelling unit also includes a manufactured home, as defined in Section 18007 of the Health and Safety Code.

B. Submittal Requirements and Application Processing. Any application for an accessory dwelling unit or junior accessory dwelling unit shall include a site plan, floor plan, demolition plan, and elevations substantiating and evidencing compliance with all applicable development standards. Where all requirements of this section and the Buena Park City Code appear to be met, the application shall be approved ministerially without discretionary review or public hearing within 60 days of receiving the application. The City and applicant may agree to additional time with a written request from the applicant.

If the City denies an application for an ADU or JADU, the City shall, within the 60-day period, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and provide a description of how the application can be corrected by the applicant.

Applications to replace a detached garage with an ADU shall require a demolition permit for the garage. The demolition permit will be reviewed with the application for the ADU and issued at the same time as the permit to construct the ADU.

C. Development Standards. Under the provisions of this section, each accessory dwelling unit or junior accessory dwelling unit shall comply with local building codes and all development standards contained in Division 3 (Single Family Residential Zones) of this Title 19 (Zoning), except as otherwise specified herein:

1. Location. Accessory dwelling units are allowed on lots zoned for single-family residential which contain or are proposed to be developed with a single-family dwelling, or on lots zoned for multifamily residential or mixed-use residential use which contain or are proposed to be developed with a multifamily dwelling.

Subject to the standards of this section, accessory dwelling units may be attached, detached, or located within an existing primary residence, which shall include an attached garage, or existing accessory structure. Junior accessory dwelling units shall only be allowed on lots zoned for single-family residential use and which are developed with or are proposed to be developed with a single-family dwelling.

2. Minimum Lot Size and Allowable Density. Minimum lot size and density requirements shall not be applicable when determining minimum lot size or allowable density for development of an accessory dwelling unit or junior accessory dwelling unit.

3. Height of Structure. The height of an accessory dwelling unit shall not exceed 16 feet, measured from grade, except as follows:
a. Notwithstanding subsection C.3 above, on single-family zoned lots, if the ADU is attached to the primary dwelling unit, the maximum height is 2 stories not to exceed 30 feet, or as high as the existing two-story primary dwelling unit, whichever is lower.
b. Notwithstanding subsection C.3 above, the maximum height of a detached ADU on a lot zoned for multifamily residential or residential mixed-use which are developed or proposed to be developed with a multifamily, multistory dwelling is 20 feet.
c. Notwithstanding subsection C.3 above, if a parcel contains an existing or proposed single-family or multifamily dwelling unit is located within one-half of one mile of a "major transit stop" or a "high quality transit corridor" as those terms are defined in Section 21155 of the Public Resource Code, the maximum height of a detached ADU is 20 feet, measured from existing finished grade to the highest point of the roof.

4. Access. Any external access staircase for the accessory dwelling unit, whether attached or detached, shall not be located on street facing elevation(s) of the single-family or multifamily dwelling unit(s), as applicable.

5. Setbacks.
a. An existing living area or accessory structure that is converted to an accessory dwelling unit, or an accessory dwelling unit that is constructed in the same location and to the same dimensions as an existing living area or accessory structure, may maintain the existing setbacks applicable to the existing area or structure. Any other accessory dwelling unit must maintain a minimum setback of 4 feet to the rear-yard property line and 4 feet to the side-yard property line. b. Any second story windows, decks, balconies, or landings shall provide screening to minimize the loss of privacy for neighboring properties. A minimum second story balcony side or rear yard setback of 5 feet to the property line shall be provided.
c. An ADU that complies with all other applicable development standards may be built within the front yard setback of a lot if it is otherwise physically infeasible to build such an ADU on other areas of the lot while maintaining the minimum rear and side yard setbacks outlined in this subsection C.5.

6. Number of Dwelling Units.
a. Single-Family Zone. The number of accessory dwelling units or junior accessory dwelling units that may be located on any lot in single-family zones is limited to one (1) of the following options:
i. ADU Conversion. One (1) accessory dwelling unit may be located within an existing single-family dwelling or existing accessory structure, or within a single-family dwelling that is proposed to be constructed. Accessory dwelling units that are located within an existing accessory structure may include an expansion of not more than 150 square feet beyond the existing or proposed physical dimensions of the structure for the exclusive purpose of accommodating ingress and egress to the accessory dwelling unit.
ii. New ADU. One (1) detached or attached newly constructed accessory dwelling unit may be located on lots which contain an existing single-family dwelling or which are proposed to be developed with a single-family dwelling.
iii. Junior ADU. One (1) junior accessory dwelling unit may be located within a single-family dwelling, which shall include an attached garage, or within a single-family dwelling that is proposed to be constructed. The junior accessory dwelling unit conversion may include an expansion of not more than 150 square feet beyond the existing physical dimensions of the single-family dwelling only for the purpose of accommodating ingress and egress to the junior accessory dwelling unit. iv. Unit Combinations. One (1) junior accessory dwelling unit under subsection C.6.a.iii above, plus one (1) detached accessory dwelling unit under subsection C.6.a.i or subsection C.6.a.ii above, may be located on lots which are or are proposed to be developed with a single-family dwelling. b. Multifamily Zones and Mixed-Use Zones. The number of accessory dwelling units that may be constructed on any lot in multifamily residential zones and mixed-use zones is limited as follows:
i. A maximum of two (2) newly constructed detached accessory dwelling units may be constructed on lots which are proposed to be developed with a multifamily dwelling unit. ii. A maximum of eight (8) newly constructed detached accessory dwelling units may be constructed on lots which are developed with multifamily dwelling units. However, the number of accessory dwelling units allowable shall not exceed the number of existing non-accessory dwelling units on the lot.
iii. Within an existing multifamily dwelling structure, an accessory dwelling unit may be converted from areas not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. The number of accessory dwelling units that may be developed within an existing multifamily dwelling shall not exceed 25 percent of the existing dwelling units within the multifamily dwelling structure (not counting any accessory dwelling units).

At least one (1) such accessory dwelling unit conversion is permitted under this subsection. All such units shall comply with applicable fire and building code requirements. iv. Junior accessory dwelling units are not permitted in multifamily residential zones.

7. Dwelling Size.
a. Newly constructed attached or detached accessory dwelling units shall not exceed 850 square feet for an accessory dwelling unit that provides up to one bedroom, and shall not exceed 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. b. The total floor area of any attached or detached accessory dwelling unit or a junior accessory dwelling unit shall be of a minimum of 150 square feet, or as specified in Section 17958.1 of the California Health and Safety Code.
c. Junior accessory dwelling units shall not exceed 500 square feet.

8. Off-Street Parking. One parking space per accessory dwelling unit shall be provided. These spaces may be provided as tandem parking on an existing driveway, or on a driveway in side yard and rear yard as permitted in this Title. Parking is limited to lawfully paved areas approved by the City. No parking for the accessory dwelling unit is required if any one (1) of the following conditions are met:
a. The unit is located within one-half of one mile of walking distance of public transit. b. The unit is located within an architecturally and historically significant historic district. c. The unit is part of (i.e., contained within) the footprint of the primary single-family dwelling or an accessory building unit.
d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
e. When there is a car share vehicle located within 1 block of the unit. f. When an existing garage, carport, or covered parking structure is demolished in conjunction with the development or conversion of an ADU, replacement off-street parking for the main dwelling unit shall not be required.
g. When a permit application for an ADU is submitted with a permit application to create a new singlefamily dwelling or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in this paragraph.

9. Location of Parking. Parking required or proposed for the accessory dwelling unit may be located in the following locations, as approved by the City, ordered from most preferred to least preferred:
a. A garage, carport, or covered space on a driveway; which complies with required setbacks for both primary and accessory structures.
b. An uncovered tandem space on a driveway.
c. Within the required street side yard setback.
d. Within the required side or rear yard setback subject to screening. e. Within the required front yard setback.
f. Parking in setbacks and tandem driveway parking remain subject to the Building Code regarding egress and any other applicable site specific fire and/or life safety conditions of approval as determined by the Building Official.
g. On-site parking required for the accessory dwelling unit shall be maintained and available for parking purposes at all times.

10. Vehicular Access.
a. The accessory dwelling unit shall utilize the same vehicular access that serves the existing main dwelling unit, unless:
i. The accessory dwelling unit has access from an alley contiguous to the lot; or ii. The lot is a corner lot with a second driveway, and the second driveway is located on the side street; and
iii. A second driveway does not result in the loss of an on-street parking space. b. No passageway connecting the accessory dwelling unit to a street is required. Each accessory dwelling unit or junior accessory dwelling unit shall maintain independent exterior access from the existing residence.

11. Way Finding. Each unit shall display address in compliance with the current California Residential Code as adopted and amended by the City.

12. Utilities. All utilities servicing the accessory dwelling unit or junior accessory dwelling unit may be metered in conjunction with the primary dwelling, in compliance with Government Code Section 65852.2(f).

13. Restricted Areas. Accessory dwelling units or junior accessory dwelling units shall not be allowed where roadways, public utilities and services are inadequate with reference to objective and published thresholds established by the utility or service provider. To ensure access by public safety vehicles, an accessory dwelling unit may not be located on a lot that fronts a roadway that is narrower than the minimum road width standards established by the Orange County Fire Authority's Master Plans for Commercial and Residential Development (as the same may be amended from time to time), unless:
a. One (1) on-site parking space is provided for each bedroom included in the accessory dwelling unit; and
b. Replacement on-site parking spaces are provided for any parking spaces that are lost or converted to accommodate the accessory dwelling unit; or alternatively c. A conditional use permit is issued pursuant to Section 19.128.020 of this Code, provided that the conditional use permit shall be approved if affirmative findings are made based on the following criteria:
i. Adequate street access and traffic capacity are or will be available to serve the proposed development as well as existing and anticipated development in the surrounding area; and ii. Adequate utilities and public services are or will be available to serve the proposed development as well as existing and anticipated development in the surrounding area.

14. Building and Fire Codes. The property owner shall comply with all current State and local building and fire codes. Fire sprinklers are not required for the accessory dwelling unit or junior accessory dwelling unit if they are not required for the primary residence or multi-family dwelling. The construction of an ADU, by itself, shall not trigger requirements to install fire sprinklers in any existing main dwelling.

15. Park Fees. For accessory dwelling units of 750 square feet or more, a proportionate amount of Park Land Dedications and In-Lieu Fees shall be paid, based upon the City’s adopted Development Impact Fee Schedule.

16. Objective Design Standards. Accessory dwelling units or junior accessory dwelling units shall incorporate the same architectural features, building materials, and color as the main dwelling unit on the property.

These features shall include, but are not limited to, roofing material, roof design (i.e., slope, style), fascia, exterior building finish, color, exterior doors, windows, garage door, and architectural enhancements.

When an existing garage is converted into a JADU/ADU, the existing garage door, if visible from public or private right-of-way, shall be eliminated and replaced with a wall, windows, door, or other exterior design features which are architecturally consistent with the exterior design of the structure and the main dwelling.

Second story windows and glass doors shall be located to retain privacy between properties through such methods as offset or clerestory placement, use of opaque or view-obscuring glass.

Manufactured homes shall be equipped with skirting to give the appearance of the manufactured home being located on grade. Synthetic materials of a similar appearance to the materials of the structure of the main dwelling and equivalent durability shall be permitted. Exterior siding shall be installed from the exterior finished grade to a point at or near the roof. However, if an approved solid wood, metal, concrete, or masonry perimeter foundation is used, the siding need not extend below the top of the foundation.

17. Separate Sale Prohibited. An accessory dwelling unit may not be sold separately from the primary residence.

18. Short-Term Rental Prohibited. The minimum rental term of the accessory dwelling unit shall be no less than 30 days.

19. Demolished or Destroyed. If the accessory dwelling unit is demolished or destroyed, or if the accessory dwelling unit is modified such that it no longer complies with this section, the property owner shall return the lot and all improvements into a condition that complies fully with applicable land use and building standards set forth in this Code. The property owner shall apply for any and all permits necessary to complete the scope of work, as required under the City's building and fire codes.

20. Specific Junior Accessory Dwelling Units Requirements. Notwithstanding anything contrary in this section, the requirements and standards of this subsection shall apply specifically to junior accessory dwelling units.
a. The owner of the single-family lot shall occupy the single-family dwelling, any accessory dwelling unit that may exist on the lot in compliance with this section, or the junior accessory dwelling unit as their principal place of residence.
b. As a condition to obtaining a building permit for a junior accessory dwelling unit, the property owner shall file with the County Recorder a declaration or agreement to restrictions, containing a reference to the deed under which the property was acquired by the owner and stating that:
i. The junior accessory dwelling unit cannot be sold separately from the primary residence; and ii. The size and attributes of the junior accessory dwelling units shall conform at all times with the requirements of California Government Code Section 66333 and the Buena Park Municipal Code; and
iii. Minimum rental term of either the junior accessory dwelling unit or primary residence shall be no less than 30 days; and
iv. The restrictions shall be binding upon any successor in interest and ownership of the property and lack of compliance may result in legal action against the property owner to compel compliance with this section.
c. A junior accessory dwelling unit shall include: a separate entrance from the main entrance to the proposed or existing single-family residence; and an efficiency kitchen, which shall include a cooking facility with appliances, and a food preparation counter or counters that is of reasonable size in relation to the size of the junior accessory dwelling unit.
d. A junior accessory dwelling unit that does not include a separate bathroom shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. e. The owner of a property with a junior accessory dwelling unit shall reside in one of the dwelling units on the property. This owner-occupancy requirement shall not apply to a junior accessory dwelling unit owned by a governmental agency, land trust, or housing organization.

19.348.020 Single-Family Cluster Housing.

A. Purpose. The purpose of this section is to encourage detached single-family residential design on parcels which are less than the minimum size specified in the underlying RS zone for but are designed to maximize common open space, energy and water conservation, and architectural harmony.

B. Density.

1. Where contiguous sites for four (4) or more single-family dwelling units are to be developed, the dwelling unit density may be increased by up to 20% of the density otherwise allowed (as provided in Section 19.308.050).

2. Approval of such density increase shall be accomplished as part of the subdivision map approval procedure (Title 18), and shall be based upon an objective evaluation of the degree to which the purposes of this section is achieved by the design proposed in comparison with typical projects meeting the normal minimum lot size and configuration requirements of the City.

3. The objective evaluation shall be accomplished via a conditional use permit review procedure prescribed by Section 19.128.020 and shall be conducted concurrently with the tentative tract map procedure under Title 18 of this Code and the State Subdivision Map Act. If a cluster housing plan is approved, the recording of a final tract map shall be a condition of the conditional use permit approval.

Note: If a single-family cluster development proposes to provide a minimum of 80% affordable housing in the RS-8 and RS-6 zones, the project shall be approved ministerially subject to the objective design standards herein.

4. Notwithstanding other provisions of this Division, a project approved under this section may include lots to be held in separate ownership which do not meet the site requirements otherwise applicable, provided the project site as a whole, including any land parcels to be held in common, satisfies the overall density requirement established.

5. Parcels to be held in common ownership shall be governed by an association of owners and be established similar to that required for residential condominium projects under Section 19.448.030 of Division 4.

6. The following table identifies the minimum and maximum density requirements for single-family cluster developments.

Zone Minimum Density
(dwelling units per net
acre)
Maximum Density
(dwelling units per net
acre)
RS-8 5.4 du/ac 6.5 du/ac
RS-6 7.2 du/ac 8.7 du/ac
PD Varies Varies
C. Development Standards.

1. Notwithstanding other provisions of this Division, an approval under this section may include waivers of the front, side, and rear yard and space between building regulations otherwise applicable if it is determined that the project design offers at least equal safety and privacy with superior environmental quality.

2. Site Dimensions. The minimum site dimensions for all single-family cluster developments in the RS8, RS-6, and PD zones is shown in the table below.

Minimum Lot Area (Development Site) 43,560 square feet (1 acre) Minimum Street Frontage (Development Site) 150 feet

3. Lot Coverage. The lot coverage for individual lots within a single-family cluster development may exceed the maximum allowable 40 percent, provided that the total lot coverage of all structures within the development does not exceed 40 percent of the net project area, excluding common vehicular streets, driveway aisles, and guest parking.

4. Floor Area. The minimum floor area for each single-family cluster unit within the development shall be at least 1,600 square feet with an attached two-car garage. The attached garage shall be included as part of the minimum floor area requirement.

5. Building Height. The maximum building height for single-family cluster developments shall be two (2) stories or thirty (30) feet, whichever is less.
i. Antennae. Notwithstanding the restrictions of subsection 5 of this section, radio, television, microwave antennae, and similar equipment shall be subject to the following regulations:

1. Ground-mounted antennae which are incidental or accessory uses are permitted to a height of sixty (60) feet, unless permitted higher by a conditional use permit.

2. Roof-mounted antennae, which shall include dishes to a maximum of twenty-four (24) inches in diameter, may be used but may not be more than twenty-five (25) feet higher than the highest point of the building to which they are attached, excluding chimneys and like projections, unless permitted higher by the issuance of a conditional use permit.

3. Any antenna that is primary to the use shall be subject to the height limit established under a conditional use permit.
ii. Flagpoles. Flag poles shall be permitted within front, side or rear yards provided they are setback a minimum of five (5) feet from property line and shall be limited to no more than thirty (30) feet in height subject to issuance of a building permit. iii. Other Structures. Any free-standing structure, not specifically referenced in this Title shall be limited to no more than eight (8) feet in height and may not be located within the front, side, or rear yard setback area.

6. Setbacks. The minimum setback requirements for single-family cluster developments shall meet the required setbacks for single-family zones provided in Section 19.320.010.

7. Zero Side or Rear Yard. Where no side or rear yard is required or where a zero side yard is permitted, any building or structure shall be located either at the property line or at least five (5) feet from the property line.

8. Zero Residential Side Yard. In the residential zones, where the lots on both sides of a property line are being developed anew (with all existing buildings on both lots being removed), a zero side yard, in lieu of the side yard otherwise required, may be provided on one or both sides of the property line, provided:
i. Any building wall along the property line shall be of a sound-absorbing type in accordance with standards adopted pursuant to Section 19.124.050.
ii. An agreement or covenant between the property owners involved and running with the land, in a form acceptable to the Director, shall be recorded setting forth acceptance of the physical arrangement and, providing that failure to maintain such wall to the prescribed standard shall obligate each party to conform to the otherwise applicable yard regulations.

9. Common Useable Open Area. For single-family cluster housing developments of ten (10) or more dwellings, a common usable open area shall be provided with at least two hundred (200) square feet per dwelling unit for the first twenty (20) units, plus one hundred fifty (150) square feet per dwelling unit for each additional dwelling unit over twenty (20).
i. The minimum dimension of such common usable open area shall be 10 feet in each direction and the least horizontal dimension shall be at least one-third (1/3) of the greatest horizontal dimension.

10. Parking Required. The entire single-family cluster housing development shall provide a minimum of 5 parking spaces per home with up to four bedrooms and 6 parking spaces per home with five or more bedrooms. Each home shall maintain a minimum 400 square feet garage consisting of 2 parking spaces 10 feet in width and 20 feet in length. Non-garage parking spaces may be located on streets, public or private, or within a driveway directly in front of the garage provided that the driveway has a minimum width of 8 feet per space and minimum length of 20 feet and is not shared with any other property.

19.348.030 Home Occupations.

A. Purpose. The purpose of this section is to prevent detrimental effects of occupational activities in residential areas by setting forth reasonable and necessary limitations on such activities.

B. Uses Permitted. No home occupation shall be conducted which, in order to be operated, would necessitate exceeding the limitations set forth in this section or any other provision of this Division.

C. Limitations.

1. Any sales activity shall be conducted only by mail, telephone, or internet.

2. The space occupied by home occupations shall be limited to no more than one room in a dwelling unit.

Garages and accessory buildings shall not be used for a home occupation.

3. There shall be no interior or exterior remodeling or change in appearance of a dwelling to accommodate a home occupation.

4. There shall be no signs or other structures except those permitted for a dwelling use in the zone.

5. There shall be no indoor or outdoor storage of materials or equipment pertaining to a home occupation.

6. Materials and equipment used in a home occupation shall be only of a type normally used in connection with household activities or hobbies.

7. Employment in a home occupation shall be limited to the occupants of the dwelling unit.

8. There shall be no transportation by commercial vehicle of materials or other items used in or produced by the home occupation.

9. No vehicular or pedestrian traffic shall be generated by the home occupation with the exception of oneon-one tutoring or musical instrument training (non-amplified, no percussion) for children 18-years of age or younger shall be permitted.

10. A home occupation shall not place any added burden or demand on utility services or community facilities.

11. A home occupation shall not present any external evidence of nonresidential activity such as by appearance, noise, vibrations, odors, lighting, or signs.

19.348.040 Yard Sales.

A. Purposes. The purposes of this section are to control the nature and frequency of yard sales in residential areas in order to maintain the noncommercial character of such areas and to prevent excessive traffic congestion and noise in such areas.

B. Location, Frequency, and Time. In any RS zone, on any one lot in residential use, a yard sale may be conducted on not more than two consecutive days in any six-month period. Sales shall be conducted only between eight a.m. and sunset.

C. Limitations. Items displayed, offered, or sold at a yard sale shall be only household items which have been in regular use or storage for six months or more on the same premises.

19.348.050 Animal Keeping.

A. Purpose. The purpose of this section is to reasonably control the number and types of animals being maintained within the City in order to protect the peace, health, and safety of residents and to preserve the urban and suburban quality of the environment.

B. Animals Allowed. No animal shall be kept or maintained within the RS zones except as follows:

1. Household Pets. Not more than three dogs and three cats per household plus any unweaned litter from such pets not over six months old, and parrots, canaries, and other house birds of a similar nature.

Rabbits and fowl (other than house birds) are prohibited except in an “A” Overlay Zone subject to the provisions of Section 19.312.030. In addition, the following types of animals may be kept as household pets: hamsters, guinea pigs, white rats, white mice, turtles, salamanders, newts, chameleons, kangaroo rats, not more than three nonvenomous reptiles not over six feet long, any nonpoisonous toad, nonvenomous lizard or spider, and other animals of a similar nature as may be determined by interpretation pursuant to Section 19.128.010.

2. Beekeeping and the keeping of chickens shall be permitted within the RS zone subject to the development and operational standards outlined in the sections below.

C. Beekeeping. Unless otherwise permitted by conditional use permit, not more than 4 bee hives shall be permitted within any RS-zoned property subject to the following development and operational standards:

1. The number of hives fluctuates slightly depending on the season; properties found with more than four (4) hives will first be issued a warning to reduce the number of hives prior to initiating further enforcement actions.

2. Hives may be located in the side or rear yard but must be a minimum of ten (10) feet from any property line.

3. Parcels that share a common property line with a School, licensed childcare facility, or park shall not be permitted to keep bees.

4. No property may keep bees without first obtaining a ministerial permit from the Community and Economic Development Department.

5. Each application for beekeeping shall be on a City-provided form and shall include the following information and documentation:
i. The property address where beekeeping is proposed.
ii. Property owner authorization.
iii. A site plan showing the location on the parcel where the beehives will be located and the required six-foot tall fence/wall/hedge around the property or apiary. iv. The location of the on-site water source.
v. Self-attestation that the applicant has completed a training/certification course on beekeeping.

6. The Community and Economic Development Director may issue additional rules and requirements regulating the keeping or maintaining of bees based on the site-specific conditions, and may deny, suspend or revoke any such permit for violations of these requirements.

D. Chicken Keeping.

1. No property may keep chickens without first obtaining a ministerial permit from the Community and Economic Development Department.

2. Any property which keeps or maintains chickens shall provide an adequate enclosure.

3. The enclosure must be a minimum size of ten (10) square feet of permeable land per chicken.

4. The enclosure must provide protection for the chickens from the elements, and to prevent wildlife or other predators from gaining entry.

5. Chicken enclosures or related structures may be located in the side or rear of the property but shall not be located in the front yard.

6. Chicken coops/runs/enclosures shall be at least 10-feet from any side or rear property line.

7. Chickens must be provided proper feeding and water at intervals not longer than twelve (12) hours apart.

8. Coops, pens, enclosures or yards where chickens are kept must be maintained in a clean and sanitary condition. Manure or other debris shall be removed from such enclosures daily.

9. Each application for the keeping of chickens shall be on a City-provided form and shall include the following information and documentation:
i. The property address where chicken keeping is proposed. ii. Property owner authorization.
iii. A site plan showing the location on the parcel where the enclosure/coop/run will be located. iv. Self-attestation that the applicant has completed a training/certification course on keeping of chickens.

10. The Community and Economic Development Director may issue additional rules and requirements regulating the keeping or maintaining of chickens based on the site-specific conditions, and may deny, suspend or revoke any such permit for violations of these requirements.

E. Domesticated animals such as horses, mules, cows, goats, or sheep may be kept only within the A Overlay Zone subject to the requirements of Section 19.312.030.

F. Animals may be kept in an educational institution for the purpose of instruction, provided such animals are securely confined and properly cared for in a manner satisfactory to the Orange County poundmaster; G. Limitations.

1. No person shall keep, maintain, or permit on any lot, parcel of land or premises under his or her control, any animal which by any sound or cry disturbs the peace and comfort of the inhabitants of the neighborhood or interferes with any person in the reasonable and comfortable enjoyment of life or property. Nor, shall any person maintain any animals in such a manner as to cause the breeding of flies or the creation of obnoxious odors, or in any manner which becomes or is a nuisance or health hazard.

2. All animals shall be kept under control at all times by leash, fences, pens, corrals, cages, or suitable enclosures within buildings.

3. All animal-keeping structures shall conform to any applicable zoning and building code requirements.

4. Any premises where animals are kept shall be open to reasonable inspection by City personnel and other public officers have responsibility for enforcement of animal-control regulations.

19.348.060 Agricultural Use.

A. Findings and Purpose. It is found that an agricultural use as a commercial enterprise may provide an acceptable interim land use for certain undeveloped or under-utilized properties within the City. The purpose of this section is to minimize any adverse effects with the surrounding properties.

B. Uses Permitted. Except for properties designated with the A - Agricultural Overlay Zone, the type and extent of agricultural uses, as well as any related uses, shall be established and restricted by the terms of a conditional use permit.

C. Site Requirements.

1. Except for property designated with the A – Agricultural Overlay Zone, the minimum lot area for an agricultural use shall be 4 acres.

2. The site for an agricultural use shall have a minimum frontage of 150 feet along a roadway with a capacity of a secondary highway or greater, as designated in the Buena Park General Plan.

D. Development Standards. All development standards including, but not limited to, building design and materials, setbacks, and parking improvements shall be determined through the conditional use permit process.

19.348.070 Emergency Shelters.

A. Emergency shelters are permitted in the RS-6 zone as an incidental use to a religious assembly.

B. The maximum number of beds/persons permitted to be served nightly shall be based on the individual capacity of the building and overall facility and shall not be less than 50 square feet per person served. Shelters are limited to 30 occupants per site as a principal permitted use, consistent with Cal. Gov’t Code Section 65583(4)(A).

C. Maximum stay at the facility shall not exceed 180 days in a 365-day period.

D. Facility location shall be within a 1/2 mile radius from an OCTA bus stop, as measured from the property line.

E. The proximity to other emergency shelters shall be a minimum distance of 300 feet.

F. A minimum of 1 staff member per 15 beds shall be awake and on duty when the facility is in operation.

G. A minimum of one (1) parking stall for every eight (8) beds and one (1) covered and secure bicycle parking space for every four (4) beds. Parking requirements may be waived if the emergency shelter is located within ½ mile of a High Quality Transit Corridor (HQTC), although one (1) space per employee is recommended.

1. Exceptions. An Emergency Shelter may propose fewer parking spaces if the Emergency Shelter can demonstrate by a parking study that the proposed parking will satisfy the anticipated parking demand for the project to the satisfaction of the Public Works Department. In any case, the required parking for an Emergency Shelter shall not be more than that which is required for similar residential or commercial uses within the zone.

H. Exterior lighting shall be provided for the entire outdoor area of the site consistent with the provisions of Section 19.536.070(G).

I. On-site client waiting and intake areas shall be located internally in the building where feasible. If not feasible, a waiting area shall be provided which contains a minimum of 10 square feet per bed provided at the facility.

The waiting area shall be in a location not adjacent to the public right-of-way, shall be visually separated from public view by minimum 6-foot-tall visually screening mature landscaping or a minimum 6-foot-tall decorative masonry wall, and shall provide consideration for shade/rain provisions.

J. The emergency shelter manager shall be responsible for ensuring that any food service or on-site meal preparation areas comply with all applicable requirements of the county health department.

K. Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view. Any outdoor storage areas provided shall be screened from public view by a minimum of 6-foot-tall visually screening mature landscaping or a minimum 6-foot-tall decorative masonry wall.

L. A private storage area or closet shall be provided with each on-site bed. At no time shall any client of an emergency shelter be allowed to keep on-site any alcoholic beverages or store any type of illegal substances, drugs, and/or firearms of any kind. The manager of the emergency shelter shall conduct routine inspections of each on-site client's personal space to verify compliance with this section.

M. Facility improvements shall additionally provide:

1. A minimum of 1 toilet for every 10 persons.

2. A minimum of 1 shower for every 8 persons.

3. A minimum of 1 hand-washing station for every 10 persons.

4. Private shower and toilet facility for each area designated for use by individual families.

N. An operational plan shall be provided for the review and approval of the Community and Economic Development Director. Plans may be required to address additional specific needs as identified by the Director. The approved operational plan shall remain active throughout the life of the facility and updated as necessary. At a minimum, the plan shall contain provisions addressing the topical areas outlined below:

1. Security and safety - addressing both on- and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas within the facility;

2. Loitering control - with specific measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site;

3. Management of outdoor areas - including a system for daily admittance and discharge procedures and monitoring of waiting areas with a goal to minimize disruption to nearby land uses;

4. Staff training - with objectives to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income;

5. Communication and outreach with objectives to maintain good communication and response to operational issues which may arise from the neighborhood, City staff, or the general public;

6. Screening of clients for admittance eligibility - with objectives to provide first service to Buena Park residents;

7. Counseling programs to be provided with referrals to outside assistance agencies, and provide an annual report on this activity to the City; and

8. Litter control - with an objective to provide for the timely removal of litter attributable to clients within the vicinity of the facility.

O. The facility may provide the following services in a designated area separate from sleeping areas and restrooms:

1. A recreation area either inside the shelter or in an outdoor area visually separated from public view by a minimum six (6) foot tall visually screening decorative wall or fence;

2. A counseling center for job placement, educational, health care, legal, or mental health services;

3. Laundry facilities to serve the number of clients at the shelter;

4. Kitchen for the preparation of meals and dining area;

5. Client storage area (i.e., for the overnight storage of bicycles and personal items); or

6. Similar services geared to homeless clients.

19.348.080 Residential Short-Term Rentals.

A. Scope, Purpose and Findings. The purposes of this section are to:

1. Document the procedures and regulations that govern the application for, and the issuance and implementation of, permits for the operation of any residential short-term rental use within the City.

2. Establish that transient occupancy uses are not permitted or conditionally permitted in residential or nonresidential zoning districts, unless either: (a) the City has approved a hotel use in a nonresidential zoning district pursuant to Title 19; or (b) the City has approved a short-term rental permit pursuant to this section.

B. Definitions.

Advertise.
“Advertise” means any communication that induces or encourages any person to rent for transient occupancy purposes, or that provides information (to any person) that promotes the availability to rent for transient occupancy purposes, any building in the City.

Applicant.
“Applicant” means any person, who seeks approval of a short-term rental permit under the authority of this section.

Authorized agent.
“Authorized agent” means the person specifically authorized by a short-term rental host in lieu of themselves as the 24-hour emergency contact for a lawfully operating short-term rental.

Bedroom.
“Bedroom” means a room within a dwelling unit, other than a kitchen, living room or dining room, which could be used for sleeping purposes, is provided with natural light and natural ventilation, and is separated by a door or archway from the rest of the dwelling unit. “Code” means the Buena Park Municipal Code.

Director.
“Director” means the Director of the Community and Economic Development, or designee.

Enforcement officer.
“Enforcement officer” means the Director, Building Official, Fire Marshall, City Code Enforcement Officer, or any other City employee designated by the Director or City Manager to enforce this section.

Guest.
“Guest” means an invitee of a renter or other person visiting a renter of a short-term rental unit who is not listed on the rental agreement.

Host.
“Host” means a person or persons holding fee title to the real property that is the subject of a short-term rental permit and to whom the short-term permit is issued.

Owner.
“Owner” means a person or persons, not a corporation or a limited liability company, holding fee title to the real property.

Renter.
“Renter” means a person or persons, not a host, who have lawfully obtained the exclusive use and possession of the short-term rental property or portion thereof from its host or authorized agent.

Resides.
“Resides” means legal residence, also referred to as primary residence of a property owner, as reflected in title records, as evidenced by homeowner’s exemption, voter registration, vehicle registration, or similar means.

Short-term rental.
“Short-term rental” means the renting of any portion of any structure or residential dwelling unit for a period of not less than 12 hours and for a maximum of 29 consecutive days to a particular occupant. A short-term rental shall not be considered as a hotel, extended stay hotel, motel or corporate apartment.

Short-term rental unit.
“Short-term rental unit” means the structure or residential dwelling unit in which the short-term rental use is permitted to operate, pursuant to a permit issued in accordance with this section.

Sign.
“Sign” shall have the same meaning as the term used in Title 19 Division 9 of this Code.

Transient occupancy.
“Transient occupancy” shall have the same meaning as the term is used in Chapter 3.16 of this Code.

C. Short-Term Rental Eligibility.

1. Qualified Dwelling Unit. A qualified dwelling unit is a structure that has been legally permitted by the City as a habitable space. Accessory dwelling units (ADU) are not considered qualified dwelling units and may not be operated as Short-Term Rentals (STR). The table below list examples of some common permitted structures and their eligibility for STR use.

Qualified for STR Use Not Qualified for STR Use
• Single-Family Dwelling or portions
thereof
• Garage
• Storage Room
• Pool house
• ADUs or JADUs
• Live/Work Units/Spaces
• Campers/RVs
• Treehouse
D. Short-Term Rental Permit Application. No short-term rental may operate without a permit as required by this Section 19.348 of the Buena Park Municipal Code.

1. The Director shall accept written applications for short-term rental permits in accordance with this section. The Director shall make a decision and provide that decision in writing within 6 weeks of the date of receipt of a complete application.

2. Each application for a short-term rental permit shall be on a City-provided form and shall include the following information and documentation, signed by the host, and otherwise in a form acceptable to the Director:
a. Location of real property where a short-term rental use is proposed. b. Identity of the host(s) of the real property on which the short-term rental is proposed (include the name, mailing address, email address, and 24-hour telephone number). Identity of the authorized agent on behalf of the host (include the name, mailing address, email address, and telephone number).
c. Provide adequate documentation such as driver’s license, voter registration, vehicle registration, utility bills, or property tax records showing name of the host(s) and the short-term rental property address that establishes the host resides at the short-term rental unit as their primary residence. d. A sketch of the floor plan, which identifies sleeping areas, proposed maximum number of guests, evacuation route(s), location of fire extinguisher(s), and approximate square footage in the shortterm rental unit. e. The maximum number of vehicles allowed for overnight occupants, including host’s and other longterm residents’ vehicles and location of designated on-site parking spaces. All required garage spaces will be used for storage of operable vehicles.
f. Written acknowledgement and agreement that the owner(s) have read and agree(s) to all regulations pertaining to the operation of a short-term rental, including this section, the City’s business license requirements (Title 5 of this Code), the City’s transient occupancy tax requirements (Chapter 3.16 of this Code), and any additional administrative regulations promulgated by the Director to implement this section.
g. Copy of the standard rental agreement to be used by the short-term rental host, including ‘house rules’, and any associated materials as required by subsection E.5 of this section. Written acknowledgement and agreement that claims, requests, objections and arguments not set forth in the short-term rental permit application, prior to the final decision on the permit, are and shall be deemed waived to the maximum extent permitted by law.
h. Written agreement that any and all use of the property for short-term rental/transient occupancy purposes shall cease upon the expiration or revocation of the short-term rental permit. i. Written agreement to hold harmless, indemnify and defend the City, its elected officials, officers, employees, contractors, volunteers, and agents, against any and all claims and liabilities arising out of, or related to the issuance of the short-term rental permit, to the maximum extent permitted by law.
j. Declaration under penalty of perjury that the information submitted is accurate and truthful, and that the applicant agrees to comply with all conditions of the permit and this section. k. Payment of the application and processing fee established by City Council resolution based on the City’s estimated reasonable costs to process and review the application materials, and to mail notice to property owners within 300 feet.
l. Previous active or expired short-term rental permits on the property. m. Letter of No Objection from the Home Owner’s Association (if applicable). n. Any other information that the Director deems reasonably necessary to administer this section.

3. Applications shall not be considered complete until all documentation required under this section has been submitted, and until the full application and permit fees have been paid. Incomplete applications will not be processed.

E. Decision on Application. The Director shall process and evaluate permit applications pursuant to this section.

1. If the Director determines that an applicant has failed to satisfy the application requirements of subsection C of this section, the Director shall provide written notice to the applicant that the application has been denied and the basis for the denial.

2. Director will mail notice of applicant’s request to property owners within 300 feet of the subject property.

The Director will consider any written comments received within 10 days of the mail of the notice, in his or her decision on the application.

3. Property line of the property that is the subject of the permit application shall not be within 300 feet of the nearest property line of any other short-term rental (approved or conditionally approved by the Director pursuant to this section).

4. If the Director determines supplemental evidence at a public hearing is warranted in order to determine whether an applicant will adequately mitigate potential adverse impacts to the public health, safety, or welfare due to substantial concerns raised by neighbors, or to evaluate the impacts of a concentration of uses, under subsection E.3 above, the Director shall notice a public hearing of the Planning Commission. The Planning Commission is authorized to deny, approve, or conditionally approve the permit in accordance with the criteria set forth in this section, particularly subsection D of this section.

The Planning Commission’s decision shall be final.

5. If the Director determines that an applicant has satisfied the application requirements of subsection D of this section, and that the applicant has borne the burden of proving that the applicant will adequately mitigate potential adverse impacts on the public health, safety, and welfare, the Director shall provide written notice to the applicant that the short-term rental permit is approved or conditionally approved, subject to compliance with the conditions identified by the Director in the notice. The conditional shortterm rental permit shall be effective upon receipt of the applicant’s written agreement to comply with all permit conditions set forth in the notice, and all requirements of this section and such date shall be set forth in the permit.

6. Upon the Director’s receipt of the signed agreement, the Director shall provide written notice to all property owners within 300 feet of the conditional or otherwise, approval of the short-term rental permit, which shall include the following:
a. A concise summary of the terms of the permit, including: (i) the maximum number of occupants permitted to stay in the short-term rental unit; (ii) any special conditions or restrictions applied to the short-term rental permit; and (iii) how to obtain a complete copy of the permit and this section. b. The City’s Code Enforcement telephone number at which members of the public may report violations of this section, the short-term rental permit, and any permit conditions.

F. Conditions Applicable to Permits. Each short-term rental permit issued pursuant to this section shall be subject to all of the following requirements:

1. Short-term rentals are permitted in single-family residential dwelling unit only. Use of portions of a unit for “day-use” for portions of a day shall not be permitted.

2. The host is required to reside on the property on which the short-term rental is located. Further, a sleeping area must, at a minimum, include shared use of a full bathroom.

3. The host shall comply with all requirements of and be subject to the Business License Fees (Title 5 of this Code) and the Transient Occupancy Tax (TOT) (Chapter 3.16 of this Code) for the short-term rental use. The TOT may be remitted by the hosting platform on behalf of the host. The host shall have the duty and liability to ensure timely remittance of the TOT to the City in compliance with Chapter 3.16 of this Code.

4. The host shall permit the Enforcement Officer to conduct an annual inspection of the short-term rental premises to confirm compliance with this section. The City shall notify the permittee of the scheduled inspections at least 2 weeks in advance.
a. The property address shall be visible from the street and in contrasting colors for quick identification by emergency responders.
b. Smoke detectors shall be installed per the California Building Code. c. No double keyed dead bolts may be installed on exit doors. d. A fully charged, portable fire extinguisher shall be provided in an easily accessible and clearly designated area.
e. Exit doors may not be obstructed and/or prohibited from fully opening. f. Clearance from ignition sources such as luminaries, heaters and flame-producing devices shall be maintained in an approved manner.
g. Hot ashes or coals shall be disposed in a metal container with a tight-fitting lid and kept a minimum of 10 feet from any structures.
h. Wood burning fire pits are not allowed.
i. No electrical wiring may be exposed or open in any outlet, switch or junction. j. The electrical breaker box shall be labeled for distribution to appliances and may not contain any open slots.
k. There shall be no unpermitted improvements or modifications to the home or garage. l. An informational packet of emergency numbers shall be prepared for renters to direct them in the event of an emergency.
m. Each bedroom that is a part of the short-term rental use shall have an emergency escape or rescue exit plan posted.
n. All swimming pools and spas must meet 2 of the 7 safety features listed below, as defined in Article 2.5 of the State of California Health and Safety Code. i. An enclosure that meets the requirements of California Health and Safety Code Section 115923 and isolates the swimming pool or spa from the private single-family home. ii. Removable mesh fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards in conjunction with a gate that is self-closing and selflatching and can accommodate a key lockable device. iii. An approved safety pool cover, as defined in subdivision (d) of California Health and Safety Code Section 115921.
iv. Exit alarms on the private single-family home’s doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that “the door to the pool is open.” v. A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the private single-family home’s doors providing direct access to the swimming pool or spa.
vi. An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F2208 “Standard Safety Specification for Residential Pool Alarms,” which includes surface motion, pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.
vii. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME).

5. Short-term rental host shall be responsible for informing their renters of the “house rules.” Such rules shall, at a minimum, include rules as explained in this paragraph. As part of the application for rental, the prospective renter shall sign an agreement acknowledging the house rules and promising to comply with the following:
a. A copy of the house rules, and the short-term rental permit shall be posted in a prominent location inside the short-term rental unit.
b. The permittee shall provide access to the garage of the residence if that area has been included in the determination of the number of available on-site spaces for renters. c. It is the intent of the City to enforce all applicable provisions of State law related to the provision for emergency vehicle access. Accordingly, no limousine or bus parking, and no stopping without the driver’s presence, shall be allowed in any manner that would interfere with emergency vehicle access. In the event of an emergency, the vehicle driver shall immediately move the vehicle from the emergency access area.
d. Renter and/or guests of the short-term rental unit shall maintain the property free of debris both onsite and in the street. Trash cans shall be maintained in a clean and sanitary manner in conformance with this Code. Trash cans shall not be placed on the street prior to 24 hours before pick up day and shall be promptly removed from the street following service. e. Quiet times shall be from 10:00 p.m. to 7:00 a.m.
f. The renters and/or guests of the short-term rental shall not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this Code or any State law pertaining to noise or disorderly conduct. Further, the permittee shall contact the Police Department in the event renters or guests fail to comply with this subsection. g. No short-term rental unit may be used for any wedding, auction, commercial function, or other similar event that is inconsistent with residential uses permitted by this Code. h. Pets may be permitted by the short-term rental business host, provided the pet is attended to at all times and has current vaccinations.
i. Discharge of fireworks is prohibited except on the 4th of July, between the hours of 10:00a.m. and 10:00p.m.
j. Maximum occupancy permitted within the active short-term rental permit.

6. No person shall advertise the use of a building in a residential or nonresidential zoning district of the City for a transient occupancy use unless: (a) the use is a hotel use in a nonresidential zoning district approved by the City pursuant to Title 19; or (b) there is a current City issued short-term rental permit for the property. All advertisement for short-term rentals must include the City issued short-term rental permit number.

7. There shall be no signs or other structures except those permitted for a dwelling use in the zone.

8. Pools and hot tubs shall have the hours of operation clearly posted adjacent to the facility. Hours shall comply with the hours set forth in subsection F.5.e.

9. Lighting on premises shall be directed, controlled, screened, or shaded in such a manner as not to shine directly on surrounding premises. Lighting on premises shall be controlled so as to prevent glare on driveways, walkways, and public thoroughfares. The use of unshaded clear bulbs in exterior lighting is prohibited.

10. A short-term rental shall not operate on a property where an accessory dwelling unit exists. A shortterm rental permit shall become void upon approval of an accessory dwelling unit on a property.

11. Structures not built for habitable use such as but not limited to tents, trailers, tree houses, garage, storage shed; or temporary structures such as recreational vehicles shall not be used for short-term rentals or to satisfy the host occupant requirement of this section.

12. A host shall maintain liability insurance of not less than $1,000,000.00 to cover each short-term rental unless such short-term rental is offered through a hosting platform that maintains equal or greater coverage.

13. Maximum occupancy of a residential unit with an active short-term rental permit shall be limited to 2 adults per bedroom and 2 additional adults for the entire unit. There is no occupancy limitation on the number of accompanied children under the age of 18.

14. All short-term rental hosts must maintain a detailed and accurate record of their guest information pertaining to hosting dates, and financial documentation, and make this information available to relevant authorities upon request. Hosts must keep this record for 5 years and may be audited to ensure tax compliance.

15. For each short-term rental use:
a. The host or the authorized agent must be available to the Enforcement Officer and the renter, by telephone 24 hours per day, 7 days per week when the short-term rental is rented. b. The host or authorized agent must be on the premises of the short-term rental unit within one hour of being notified (by a renter, or by the Director or Enforcement Officer) that there is a need for the host or the authorized agent to address an issue of permit compliance or the health, safety, or welfare of the public or the renter.

16. Only one short-term rental permit within the City, per individual shall be in effect at any time.

G. Restrictions on Permit Transfer. Each short-term rental permit issued in accordance with this section shall be personal to the host to whom the permit is issued, and no person shall transfer, or attempt to transfer, the permit to any other person, unless the transfer is made in accordance with this section. Any attempt to transfer a short-term rental permit, or use a transferred short-term rental permit, that is not transferred in accordance with this section shall be void, and shall constitute a violation of this Code.

1. A short-term rental permit shall not be transferred by any person.

2. If the residence is sold to a new owner, the permit is void and the new owner will need to apply for a new short-term rental permit in their own name.

3. If the permit requires a name change due to a partial change in ownership, the new owner(s) can be added or removed from the permit by written notice to the Director. The written notice must include the reason for the change, documentation partial change in ownership, such as marriage certificate, divorce decree etc., the name(s) and contact information to be removed and the name(s) and contact information to be added. All parties on the current permit and any new parties, must sign and the document must be notarized.

H. Permit Renewal and Annual Review.

1. Unless revoked by the Director earlier pursuant to this section, a permit to operate a short-term rental expires 3 years after the date of its issuance.

2. A host shall apply for renewal prior to the expiration of the permit on a form provided by the Director no later than 30 days prior to its expiration. The host shall update the information contained in the original permit application required per this Section, if any information has changed. The host shall sign a statement affirming that there is either no change in the information contained on the original permit application and any subsequent renewal applications, or that any information that has been updated is accurate and complete.

3. An application for permit renewal received after the expiration of the current permit shall be treated as an application for a new permit set forth in this section.

4. The Director shall follow the procedures set forth in this chapter when determining whether to renew a permit.

5. Upon expiration of any short-term rental permit, it shall be of no further force, validity or effect, and use of the property for transient occupancy purposes shall cease.

6. An annual inspection shall be conducted. The host shall submit to the Director the annual inspection fee along with all of the information set forth in this section. a. The host shall pay the annual inspection fee established by City Council resolution based on the City’s estimated reasonable costs to perform the annual inspections identified in this section. b. The host shall comply with the requirements of subsection E. c. The host shall document compliance with all requirements of the Business License Ordinance (Title 5 of this Code).
d. The host shall provide evidence of compliance with all requirements of the Transient Occupancy Tax Ordinance (Chapter 3.16 of this Code), as may be required by the Director. The host shall also document each date on which the short-term rental was rented during the previous term of the permit (if applicable).

I. Director’s Action Following Annual Inspection. Following an annual permit inspection:

1. If the Director determines that the host is in compliance with all requirements of this section and the permit, the Director shall provide written notice to the host and authorized agent that the inspection passed.

2. If the Director determines that the host has failed to comply with this section or the permit conditions, the Director shall provide written notice of the inspection failure, listing what defects were found. The host shall be allowed to remedy any defect as identified by the Director, by submitting proof of remedy within 30 days. If the permittee does not submit proof of remedy within 30 days, subsection K of this section shall be followed.

J. Permit Modification, Suspension, or Revocation.

1. At any time during the term of a short-term rental permit, the Director may modify, suspend, or revoke the short-term rental permit (or pursue any other remedy set forth in Title 1 of this Code), if the Director makes any of the following findings:
a. A short-term rental use is detrimental to the public health, safety, or welfare; or b. The host has provided false or misleading information in connection with any submittal required under this section or this Code; or
c. The host is in violation of, or has failed to comply with, any requirements of this section, the permit terms and conditions, this Code, or any State or Federal law; or d. If the host has not rented the short-term rental for a minimum of 10 total days within any 12-month period.

2. In the event the Director finds any of the above findings and orders the modification, suspension, or revocation of a short-term rental permit (whichever the case may be), the Director shall provide written notice to the permittee of his or her decision by certified mail to the name and address listed on the permit.

K. Violation and Penalties.

1. It is unlawful for any person to violate any provision or fail to comply with any requirement of this section.

Any person who violates any provision of this section, or fails to comply with any obligation or requirement of this section, or who fails to comply with any order or notice issued pursuant to the provisions of this section, is guilty of a misdemeanor offense punishable in accordance with Chapter 1.04 of this Code. Nothing in this section shall prevent the city attorney or city prosecutor from prosecuting a violation of this chapter as an infraction, at his or her discretion, as set forth in Chapter 1.04 of this Code.

2. Each violation of this section shall be a separate offense for each and every day, or part thereof, during which a violation of this section, or of any law or regulation referenced herein, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly.

3. In addition to the remedies set forth in this section, any person who violates any provision of this section, or fails to comply with any obligation or requirement of this section, or who fails to comply with any order or notice issued pursuant to the provisions of this section, is subject to any and all civil and administrative penalties and remedies authorized under Chapter 1.04 of this Code.

4. Public Nuisance. In addition to the penalties provided by this section, any condition or activity caused or permitted to exist in violation of any provision, restriction, or requirement of this section or any notice, order, or permit issued pursuant to this section, shall be deemed a public nuisance and may be summarily abated by the city by any and all means (civil, administrative, and/or equitable) as provided by law or in equity.

L. Appeals. Any determination made by the Director pursuant to this section shall be final unless appealed pursuant to the requirements of this section.

1. Any decision by the Director to approve, conditionally approve, or deny a permit application, or to modify, suspend, or revoke a permit, or to impose any penalty or undertake any enforcement action permitted herein, may be appealed only to the Planning Commission. A written appeal must be received by the Director within 10 business days of the date the appealed decision was rendered or action was taken. Upon receipt of an appeal within 10 working days, the Director will schedule a public hearing before the Planning Commission. The Planning Commission may affirm, reverse, or conditionally reverse the Director’s decision and the Planning Commission’s decision shall be final.

2. Failure to file an appeal within 10 business days of the date the appealed decision was rendered, or action was taken shall constitute a waiver of the appeal and a failure to exhaust administrative remedies, and shall preclude any and all relief and claims arising in connection with the determination by the Director pursuant to this section.

19.348.090 Urban Lot Splits (SB-9)
A. Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7.

B. Definition. An “urban lot split” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.

C. Application.

1. 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 Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

2. An application for an urban lot split must be submitted on the city’s approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

3. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. An application for a parcel map for an urban lot split is approved or denied ministerially, by the Public Works Director, without discretionary review.

2. A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this Chapter. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three months after approval if not recorded.

3. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

4. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.

E. Requirements. An urban lot split must satisfy each of the following requirements:

1. Map Act Compliance.
i. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et. Seq., “SMA”), including implementing requirements in this code, except as otherwise expressly provided in this section. ii. If an urban lot split violates any part of the SMA, the city’s subdivision regulations, including this section, or any other legal requirement:

1. The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.

2. The city has all the remedies available to it under the SMA. iii. Notwithstanding section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.

2. Zone. The lot to be split is in a single-family residential zone (RS-6, RS-8, RS-10 and RS-16).

Lot Location. The lot to be split is not located on a site that is described by any of subparagraphs of California Government Code Section 65913.4(a)(6)(B)–(K) which includes Very High Fire Hazard Severity Zones

3. Not Historic. The lot to be split must not be a historic property or within a historic district.

4. No Prior Urban Lot Split.
i. The lot to be split was not established through a prior urban lot split. ii. The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.

5. No Impact on Protected Housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
i. Housing that is income-restricted for households of moderate, low, or very low income or housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
ii. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
iii. Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

6. Lot Size.
i. The lot to be split must be at least 2,400 square feet. ii. The resulting lots must each be at least 1,200 square feet (Two (2) lots maximum after SB-9 subdivision).
iii. One (1) lot shall not be less than forty (40) percent of the lot area of the original lot. Each lot is allowed to contain up to two (2) units in one (1) or two (2) primary dwellings.

7. Easements.
i. The owner must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
ii. Each easement must be shown on the tentative parcel map. iii. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved.

8. Lot Access. Each resulting lot must have access to or adjoin the public right of way and each have at least 10 feet of frontage on a public right of way.

9. Separate Conveyance.
i. Within a resulting lot.

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

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

3. All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.
ii. Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.

19.348.100 Two-Unit Developments (SB-9)
A. Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.

B. Definition. A “two-unit project” means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

C. Application.

1. Only individual property owners may apply for a two-unit project. “Individual property owner” means a natural 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 Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

2. An application for a two-unit project must be submitted on the city’s approved form.

3. The applicant must provide evidence to the City that the subject lot has been legally subdivided as part of the application submittal.

4. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

5. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. An application for a two-unit project is approved or denied ministerially, by the Community and Economic Development Director, without discretionary review.

2. The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.

3. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

4. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.

E. Requirements. A two-unit project must satisfy each of the following requirements:

1. Map Act Compliance. The lot must have been legally subdivided.

2. Zone. The lot is in a single-family residential zone.

3. Lot Location. The lot is not located on a site that is described by any of subparagraphs 65913.4(a)(6)(B)–(K).

4. Not Historic. The lot must not be a historic property or within a historic district.

5. No Impact on Protected Housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households of moderate, low, or very low income. b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
d. Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

6. Unit Standards.
a. Quantity.
i. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU.
ii. A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the city’s ADU ordinance. b. Unit Size.
i. The total floor area of each primary dwelling built that is developed under this section shall not be less than 500 square feet and shall not exceed 800 square feet. ii. A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the twounit project. The unit may not be expanded. iii. A primary dwelling that was legally established prior to the two-unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project.
c. Height Restrictions.
i. On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure. ii. On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the step-back.
iii. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.
d. Demo Cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.
e. Lot Coverage. The maximum building coverage of net lot area for all single-family residential zones shall be 40 percent. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. f. Setbacks.
i. Generally. All setbacks must conform to the setbacks that are imposed through the underlying zone except as follows:

1. Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

2. Interior Side Yard and Rear Yard Setbacks. Dwelling units shall provide a minimum of four (4) feet interior side yard and rear yard setbacks from the property line.

3. Corner Lot Setbacks for side yards abutting a street. Dwellings that are constructed pursuant to this Chapter must provide setbacks at least 10-feet from the side yard abutting a street.
g. Parking. Each new primary dwelling unit shall provide a maximum of one (1) off-street parking space per unit that is 800 square feet or less, unless the dwelling is located within ½ mile from a high-quality transit corridor or one (1) block from a car share vehicle location as those terms are defined in Subdivision B of Section 21155 of the Public Resources Code or a Major Transit Stop as defined in Section 21064.3 of the Public Resources Code. h. Privacy. These standards are designed to provide privacy between primary living spaces of buildings on each side of an original interior side or rear lot line. Windows and balconies along the side of a building within six (6) feet of an original interior side or rear lot line are subject to these standards.
i. Primary living spaces adjoining an interior side or rear setback shall either:

1. Orient principal/main windows/glazed openings toward the front and rear of the building, away from interior side or rear lot lines; or

2. Set the window/glazing openings:
a. Perpendicular to interior side or rear lot lines; or b. More than six (6) feet from interior side or rear lot lines ii. Windows and balconies openings within six (6) feet of an interior side or rear lot line shall either:

1. Have a minimum sill height of 44 inches; or

2. Place the window at an angle of at least 30 degrees, measured perpendicular to the adjacent side or rear lot line.
i. Building Types. Division 3 permits single-family homes and accessory dwelling units, and objective design standards are provided for those building types herein. Two-Unit Developments are not allowed in single-family zones, unless pursuant to SB-9. i. Each lot may have up to two primary building types for a total of two units, using only the allowed building types in this Division. The building types may be combined as allowed by this Section. Alternatively, each lot is allowed one primary building type and an accessory dwelling unit.
ii. A maximum of two (2) single-family homes are allowed per lot pursuant to SB-9. iii. Two-Unit Developments (Side-by-Side or Stacked with an ADU)

1. Two-Unit Development, Side-by-Side. A Two-Unit Development, side-by-side, may be one (1) or two (2) stories that consists of two (2) side-by-side units, both within a single building massing. A Two-Unit Development, side-by-side, shall have a maximum of two (2) units per building, and one (1) maximum building per lot.

2. Two-Unit Development, Stacked. A Two-Unit Development, stacked, shall be two (2) stories that consists of two (2) stacked units, both within a single building massing. A Two-Unit Development, stacked, shall have a maximum of two (2) units per building, and one (1) maximum building per lot.

3. General Standards:
a. Height requirements. See Section 19.348.100.E.6.c.
b. The building width shall be a maximum of 50 feet and the maximum building depth shall be 40 feet.
c. Pedestrian access shall be located along the primary street for both units.

All buildings not fronting a street shall have their entry connected to the street by a sidewalk.
d. The entry to buildings located behind the front building(s) that abut an open yard must be located along the open yard.
e. On corner lots, each unit shall front a different street. j. Objective Architectural and Design Standards.
i. The roof pitch/slope and roof style (e.g. hip, gable, mansard, dutch-gable, flat, etc.) of the proposed unit or addition must be the same as the primary dwelling. ii. The window style, method of operation (hung, double-hung, slider, casement, etc.), window trim and sills of the proposed unit or addition must be the same as the primary dwelling. iii. The exterior of the new dwelling unit must contain a primary material and an accent material which is not the same as the primary material (e.g. wood siding, stucco, brick, stone). The accent material must cover a minimum of twenty-five percent of the street facing elevations. iv. The size of the common indoor living areas of a dwelling unit, such as the living room, dining room, kitchen, family room, etc., must be equal to, or greater than, the square footage of bedrooms provided. The square footage of bathrooms, closets, garages or other defined storage spaces may not be counted towards common living area square footage to comply with this requirement.
v. New two-story structures, including second story additions, shall be stepped back a minimum of five feet from the first floor wall plane on all street facing elevations. No balcony deck or other portion of the second story may project into the step-back. vi. Direct exterior access from a first-floor bedroom to the exterior of the dwelling unit may only be through a sliding glass door or double-french doors. vii. Water Heaters (excluding tank less water heaters) and Laundry Facilities (Washer and Dryer) may not be located on the exterior of a dwelling unit. viii. No window of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
k. Landscaping. All landscaping shall comply with the City’s Water Efficient Landscape Ordinance. l. Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.
m. Utilities. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

7. Fire-Prevention Measures.
a. All dwellings on the site must comply with current fire code requirements.

8. Separate Conveyance.
a. Primary dwelling units on the lot may not be owned or conveyed separately from each other. b. Condominium airspace divisions and common interest developments are not permitted within the lot.
c. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

9. Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days. b. Expressly prohibits any non-residential use of the lot. c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot. d. If the lot is not created by an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile. e. States that the property is formed by an urban lot split and is therefore subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.

F. Specific Adverse Impacts.

1. Notwithstanding anything else in this section, the city may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

State Law Compliance. Section 19.348.090 and Section 19.348.100 implements Government Code Sections 65852.21 and 66411.7 through objective design standards as provided in 65852.21 (b). All development and/or subdivisions using the standards of the SB-9 must also be in compliance with all other requirements of Sections 65852.21 and 66411.7 of the Government Code not contained in this Division. Where a provision contained in the Municipal Code does not discuss a specific condition or situation that arises, the provisions set forth in SB-9 Law shall apply. In the event of a conflict between these provisions and the provisions of SB-9 Law, whichever is stricter shall prevail.

19.348.110 Cottage Cluster Developments.

A. Purpose. The purpose of this section is to encourage affordable detached cottage cluster developments that include between four (4) and ten (10) smaller single-family residential units arranged around a shared court visible from the street on parcels 20,000 square feet or more in size in the RS-8 and RS-6 zones.

B. Submittal Requirements and Application Processing. Any application for a cottage cluster development shall include a site plan, floor plan, and elevations substantiating and evidencing compliance with all applicable development standards. Cottage cluster developments that do not provide a minimum of 80% affordable housing shall be subject to discretionary review. Where all requirements of this section and the Buena Park City Code are met, the application shall be approved ministerially without discretionary review or public hearing within 60 days of receiving the application for affordable housing exceeding the minimum 80% affordability requirement. The City and applicant may agree to additional time with a written request from the applicant.

C. Development and Objective Design Standards.

1. Site Dimensions. The minimum site dimensions for cottage cluster developments in the RS-8 and RS6 zones is shown in the table below.

Site Dimensions RS-8 RS-6
Minimum Lot Area (square feet) 24,000 sq. ft. 20,000 sq. ft.

Minimum Street Frontage (lineal feet) 150 ft. 100 ft.

Minimum Lot Width (lineal feet) 150 ft. 100 ft.

Minimum Lot Depth (lineal feet) 150 ft. 100 ft.

2. Setbacks. The minimum setbacks for cottage cluster developments are shown in the table below.

Minimum Front Yard Setbacks (Property Line to Dwelling) 20 feet Minimum Side Yard Setbacks (Property Line to Dwelling) 15 feet Minimum Rear Yard Setbacks (Property Line to Dwelling) 20 feet Minimum Setbacks from Dwellings to Parking Lot 15 feet
Minimum Building Separation (Side to Side) 5 feet

3. Lot Coverage. The lot coverage for cottage cluster developments shall not exceed 60%.

4. Building Height. The maximum building height shall not exceed two (2) stories or thirty (30) feet, whichever is less. Building projections shall meet the requirements set forth in Section 19.320.020.

5. Density. Density requirements shall be pursuant to the density standards of the underlying zone.

Cluster bonuses may be applied to cottage cluster developments, although the number of units per cottage cluster on a single parcel shall not exceed ten (10) units in any RS zone.

6. Floor Area. The minimum floor area for each cottage cluster unit within the development shall be a minimum of 600 square feet and a maximum of 1,200 square feet. Attached garages are not required.

If an attached garage is provided, the floor area shall not be less than 1,200 square feet. The attached garage shall be included as part of the minimum floor area requirement.

7. Parking. The cottage cluster development is exempt from minimum parking requirements if the development is located within a half-mile from public transit or located within one (1) block of a dedicated car share lot.
i. Garage parking is not required. If garage parking is provided, each unit shall maintain a minimum 400 square-foot garage consisting of 2 parking spaces 10 feet in width and 20 feet in length. Garages shall not be shared by more than one (1) cottage cluster unit. Garages shall be attached to the cottage cluster unit but shall not abut common open spaces. Parking may also be located in the driveway in front of the garage provided that the driveway has a minimum width of 8 feet per space and minimum length of 20 feet and is not shared with any other unit. ii. On-site parking for cottage cluster developments shall provide a minimum of one (1) parking space per unit with up to two (2) bedrooms, two (2) parking spaces per unit with three (3) bedrooms, and three (3) parking spaces per unit with four (4) bedrooms or more. Guest parking shall provide a minimum of 0.5 parking spaces per unit, regardless of the number of bedrooms. iii. Parking Lots.

1. Parking spaces in a parking lot on-site shall be provided in clusters of up to eight (8) spaces. Parking clusters shall be separated by a minimum four (4) foot landscaped buffer.

2. Parking lots shall be setback at least ten (10) feet from the property line.

3. Screening shall be required between clustered parking areas and public streets, common courtyards, and existing single-family residential.

4. Landscaping, fencing, or walls at least three (3) feet tall shall separate parking areas and parking structures from common courtyards and public streets.

8. Cottage Orientation.
i. Each cottage cluster unit shall either abut
a common courtyard or shall be directly
connected to the common courtyard by an
ADA compliant pedestrian path, and shall
meet the following standards:

1. A minimum of 50% of the cottage
cluster units within a cottage
cluster development shall be
oriented to the common courtyard
and shall:
a. Have a main entrance
facing the common
courtyard, as applicable.
b. Be within ten (10) feet of
the common courtyard,
measured from the
façade of the cottage cluster unit to the nearest edge of the common courtyard. c. Be connected to the common courtyard by a pedestrian path.

2. Cottage cluster units within twenty (20) feet of a street property line may have their entrances facing the street.

3. Cottage cluster units not facing the common courtyard or the street, shall have their main entrances facing a pedestrian path that is directly connected to the common courtyard.

9. Common Courtyard.
i. The minimum common courtyard shall be 150 square feet per cottage cluster unit. ii. The common courtyard shall be a single compact, continuous, central open space, that has a minimum width of fifteen (15) feet.

Figure F. Example of a small lot single-family cluster
development.
iii. The common courtyard shall be developed with a mix of landscaping and lawn area, recreational amenities, hard-surfaced pedestrian paths, and/or paved courtyard area.

Impervious elements of the common open space shall not exceed 70 percent of the total common courtyard area.
iv. Pedestrian paths must be included in a common courtyard. Paths that are contiguous to a courtyard shall count toward the courtyard’s minimum dimension and area. Parking areas, required setbacks, and driveways do not qualify as part of a common courtyard.

10. Community Buildings. Single-family cluster developments may include community buildings for the shared use of residents that provide space for accessory uses such as community meeting rooms, guest housing, exercise rooms, daycare, or community eating areas. Community buildings shall require a conditional use permit.

Division 4 – Multi-Family Zones
Chapter 19.404 Purpose and Description of Multifamily Residential Zones

19.404.010 Purpose and General Plan Consistency.

The General Plan outlines goals and objectives regarding multi-family residential uses and development. The purpose of this Division is to implement those General Plan goals and objectives that relate to multi-family residential land uses.

19.404.020 Description of Zones.

The following multi-family residential zones, with their general purpose as indicated, have been created to implement the goals, objectives, and multi-family residential land use designations of the General Plan.

A. RMH, Mobile Home Park Zone. For the development and preservation of mobile home park communities which are attractive for permanent residence and include the facilities and services for such residence.

B. RM-10, Low-Density Multi-family Residential Zone. For the development and preservation of relatively low-density garden apartments, town houses, condominiums, and other forms of attached dwellings in an attractive environment, with outdoor areas for both private and common use.

C. RM-20, Medium-Density Multi-family Residential Zone. For the development and preservation of medium-density apartments, condominiums, and group quarters in locations convenient to community commercial, recreational, and cultural activities.

D. PD, Planned Development Zones. To provide for land uses and development standards to be tailored to individual sites. This land use designation requires that a master plan be prepared for each area so designated. The master plan must discuss development phasing, development intensities, amenities, design, and how the development is to conform with the guiding principles included in the Land Use Element of the General Plan for each area designated as Planned Development. It is intended to preclude incremental development which may be detrimental to the whole.

E. Housing Incentive Overlay (HIO) Zones. The HIO Zones includes six (6) Overlays that serve to implement the Housing Element’s goal of providing new housing that addresses affordable housing needs by establishing objective design criteria for designated housing opportunity sites. The Housing Incentive Overlays include Mixed-Use Overlay-45, Mixed-Use Overlay-60, Mixed-Use Overlay-100, Housing Opportunities Overlay, Religious Congregational and Fraternal Overlay, and Hotel/Motel Conversion Overlay. The HIO Zones have been applied to properties shown on the Zoning Map.

1. The Mixed-Use Housing Incentive Overlays focus on mixed-use, walkable and vibrant environments and range in function and intensity from primarily residential areas with a mix of lower intensity building types (MUO45, Mixed-Use Overlay-45), to moderate intensity neighborhoods (MUO60, Mixed-Use Overlay-60), to higher intensity neighborhoods (MUO100, Mixed-Use Overlay-100). The “45”, “60”, and “100” in the name of the Overlay refers to the allowable density within the Overlay Zone.

2. The Housing Opportunities Overlay (HOO) provides for higher-density affordable multi-family housing.

3. The Religious Congregational and Fraternal Overlay (RCFO) allows faith-based and fraternal organizations to build affordable housing on their sites.

4. The Hotel/Motel Conversion Overlay (HMCO) allows for the conversion of existing transient residential structures, such as hotels/motels into permanent multifamily housing for lower income individuals.

F. Mixed-Use Zones. The following mixed-use zones with their general purpose as indicated have been created to implement the goals, objectives, and land use designations of the General Plan.

1. GMU, General Mixed-Use. To provide for a horizontal or vertical mix of higher-density residential and neighborhood commercial uses along major arterials.

2. CBPMU, Central Buena Park Mixed-Use. To provide for a vertical mix of higher-density residential and/or office uses above existing commercial, and office uses in a pedestrian-friendly environment.

3. EMU, Entertainment Mixed-Use. To provide for a horizontal and vertical mix of higher-density residential, entertainment and commercial uses that support entertainment and tourism uses within the City.

19.404.030 Housing Incentive Overlay (HIO) Classification.

Properties located in areas shown on the Zoning Map with the symbol “HOO”, “MUO45”, “MUO60”, “MUO100”, “RCFO”, and “HMCO” may be used for higher-density housing as a primary use in lieu of, but not in combination with, other uses authorized for the underlying zone. Objective Design Standards apply to such properties. Refer to the adopted Housing Incentive Overlay (HIO) Objective Design and Development Standards for applicable standards.

19.404.040 Planned Unit Developments.

A. A planned unit development, wherein the owners of individual lots also hold undivided interests in common areas within the same development, all as defined in Section 19.104.080 may be approved in any RM zone.

Such approval shall be accomplished under both the subdivision ordinance (Division I of Title 18) and site plan review (Section 19.128.040) procedures, except a conditional use permit also is required for the planned unit development of a mobile home park in the RMH Zone and for any development in the PD Overlay Zone.

B. For planned unit developments, the minimum lot size and dimension requirements of Section 19.408.050, as well as other regulations of this Division based on dimensions from lot lines, shall not apply to the individual unit lots, but shall apply to the total net site area of each such development.

19.404.050 Interpretation of Uses Permitted.

Further definition and enumeration of uses permitted in the various zones may be determined by interpretation in accordance with Section 19.128.010.

Chapter 19.408 Intensity of Use and Site Requirements

19.408.010 Residential Densities.

The base density table below refers to the maximum number of units per net acre permitted under the corresponding zoning district. Additional density may be achievable in the form of a density bonus (Lot Consolidation Bonus, Affordable Housing Bonus, and Senior Housing Bonus). Before any density bonuses are applied, the number of dwelling units permitted in a multi-family residential development shall not exceed the base density specified below.

Zone Base Density (dwelling units per net acre) (3)
RMH 12.0
RM-10 10.0 (1)
RM-20 20.0 (2)
(1) In the RM-10 zone, a minimum 100 ft. lot width and a minimum 12,500 sq. ft. lot area is required for more than 1 dwelling unit on a lot.
(2) In the RM-20 zone, special density requirements apply for lots with less than 100 feet in width and/or less than 12,500 sq. ft. in lot area. See Section 19.448.020. (3) For standards on density bonus, see Section 19.408.020 for Lot Consolidation Bonus and Section 19.408.030 for Affordable Housing Bonus.

19.408.020 Lot Consolidation Bonus — Multi-family Zones.

A. Before any other density bonus is applied, for the RM-10 Zone, a site area bonus shall be granted for up to 16 dwelling units per net acre when multiple parcels are combined into a single development with a minimum lot size of 12,500 square feet.

B. Before any other density bonus is applied, for the RM-20 Zone, a site area bonus shall be granted for up to 24 dwelling units per acre when multiple parcels are combined into a single development with a minimum lot size of 12,500 square feet.

C. The Housing Opportunity Overlay (HOO) encourages parcel aggregation by permitting increased density and flexible development standards for consolidated properties in multi-family zones. This promotes the creation of higher density affordable multi-family housing, facilitating efficient land use and enabling more impactful affordable housing projects to address housing needs effectively within the designated overlay area.

19.408.030 Affordable Housing Bonus.

State Density Bonus Law (Government Code Sections 65915-65918) provides that local governments shall grant density bonuses and regulatory concessions and incentives to developers of housing, childcare facilities, or for donation of land for housing, where the developer agrees to construct a specified percentage of housing for lower-income households, very low-income households, moderate-income households or qualifying residents. This section adopts the State Density Bonus Law by reference. Where a provision contained in the Municipal Code does not discuss a specific condition or situation that arises, the provisions set forth in State Density Bonus Law shall apply. In the event of a conflict between these provisions and the provisions of State Density Bonus Law, whichever is stricter shall prevail.

19.408.040 Fractional Results.

A. Regardless of the maximum density calculated pursuant to this chapter, at least one (1) dwelling unit shall be permitted on any lawfully established lot in a residential zone if such lot has a net area of at least 2,500 square feet.

B. In other cases, in determining the maximum number of dwelling units permitted on a site, any fraction of dwelling unit in the calculated result, after applying all density factors, shall not be construed as allowing an additional dwelling unit if such fraction is less than 0.5.

19.408.050 Site Dimensions.

A. The minimum size and dimensions of lots created in the various zones shall be as shown in Table

19.408.050.

B. Notes.

1. Certain specific uses of property require site areas and dimensions greater than the minimum site requirements for the zone. See Chapter 19.448, Special Requirements for Certain Uses.

C. Site non-conformity.

1. RM-10 Zone. Pursuant to Section 19.204.090 for site non-conformities, any property located in the RM-10 zone shall be fully conforming as to lot area and lot width for the development of any multifamily dwellings.

2. RM-20 Zone. For any multi-family development on a lot in the RM-20 zone with non-conformity as to lot width and/or lot area set forth in Table 19.408.050, the special requirements of Section

19.448.020 shall apply.

D. Where property is also located in the PD Overlay Zone, the minimum site area for development shall be 5 acres (217,800 square feet).

Table 19.408.050

MINIMUM SITE DIMENSIONS
Zone
Minimum Lot Area
(square feet)
Minimum Street
Frontage (feet)
Minimum Lot Width
(feet)
Minimum Lot
Depth (feet)
RMH 200,000 — — —
RM-10 (2) 12,500 50 100 —
RM-20 (1) (2) 12,500 50 100 — (1) In the RM-20 zone, lots with less than 100 feet in width and/or less than 12,500 sq. ft. in lot area shall refer to Section 19.448.020.
(2) For housing developments that consist of three (3), but not more than ten (10) units are permitted in the RM10 and RM-20 zones are permitted without meeting the minimum lot size requirements. Refer to California Government Code Section 65913.11.

Chapter 19.412 Uses

19.412.010 Uses Permitted.

A. Land, buildings and other facilities shall be designed, developed, and used only for those activities indicated for the various zones by Table 19.412.010, entitled Uses Permitted. The symbols shown in this table have the following meanings:

Symbol Meaning
P Automatically permitted use.

I
Incidental use—use permitted only if incidental to another primary use on the same site. If incidental to a use authorized by conditional use permit, such incidental use is permitted only if included within the terms of the conditional use permit.

C
Conditional use—use eligible for consideration under the conditional use procedure (Section 19.128.020) and permitted only if a conditional use permit is approved, subject to the specific conditions of such permit.

Ci
Incidental conditional use—use eligible for consideration under the conditional use procedure only if incidental to another primary use of the site, whether such primary use is automatically permitted or permitted by conditional use permit.

T Temporary use—permitted if approved in accordance with Title 19, Division 10.

B. Those uses listed as accessory uses in the uses permitted table are subject to the definition of accessory use in Section 19.104.080 as well as the meanings of the indicated symbols in the table.

Table 19.412.010
USES PERMITTED – MULTI-FAMILY RESIDENTIAL ZONES
Uses RMH RM-10 RM-20 PD (8) Additional Requirements
Residential Uses
Single-Family Dwellings: See Note (1).

Site-Built. P P C
Manufactured Homes. P P
Single-family cluster. C C C See Section 19.448.040.

Multi-Family Dwellings:

Multi-Family Apartments. P P C
Transitional/Supportive Housing. P P P See Chapter 5.70 and Government Code Section
65651 for supportive housing
projects.

Condominium, Stock Cooperative,
Community Apartments.

C C C See Section 19.448.030.

Cottage Cluster. P P Cottage Clusters are permitted
only if 100% of the development
is affordable and meets the
requirements set forth in the
Objective Design Standards in
Section 19.448.050.

Employee/Farmworker Housing. P P
Mobilehome Park: See Section 19.448.010.

Undivided ownership. P
Condominium or planned unit
development ownership.

C C
Group Quarters:

Convent, rectory, rooming house,
dormitory, fraternity or sorority house,
etc.

CC
Transient Quarters: (See Division 5,
Commercial Uses—Tourist Services.)
Community Residential Care: See Note (2).

Small group care home.PPP
Other community residential care
facility.

CC See California Government
Code Section 65583,
subdivision (c)(10)(A) for
Affirmatively Further Fair
Housing (AFFH) provisions.

Residential Accessory Uses:

Non-Habitable Accessory Structure.IIII See Section 19.416.080.

Accessory dwelling unit. III See Section 19.348.010.

Guesthouse.

Home occupation. IIII See Section 19.448.060.

Short-term rental. IIII As incidental to a single-family dwelling only. See Section

19.348.080.

Animal keeping.IIII See Section 19.448.080.

Swimming pool, therapeutic pool,
recreational structure (play equipment,
tennis courts, etc.).

IIII
Clubhouse, meeting room, game
room, gymnasium, sauna, health
center (private use only).

IIIC
Rental management office, storage
room.

IIII
Parking, within garage.IIII
Parking, under carport.IIII
Parking, uncovered.IIII
Yard sale.IIII See Section 19.448.070.

Public Service Uses
Community Day Care:

Small group child day care home (1-14
children).

PPP See Note (3).

Small group adult day care home (1-6
adults).

PPP
Child day care center (more than 14
children).

Ci Ci Ci See Note (4).

Adult day care center (more than 6
adults).

Ci Ci Ci See Note (4).

Health Facilities:

Long-term care (intermediate care or
skilled nursing).

CC
Public Assembly: (See also
Recreation.)
Church.CC In all residential zones in which
churches are permitted, such
churches shall be located on
and oriented to major, primary,
or secondary highway as
defined and as designated in the
Buena Park General Plan.

Additionally, see Note (5).

Café/Coffee ShopII Permitted only as an incidental use
to an existing permitted religious
facility and subject to all building
and fire safety standards applicable
to commercial/assembly use. Must
be less than 3,000 square feet.

Emergency shelter. I I See Section 19.448.090.

Education:

Educational institution. C C See Note (5).

Recreation:

Public park, public playground, public
recreational area, public landscaped
open space, public-owned historical
site or feature.

P P P
Community recreation center. P P C
Utilities and Communications: See Division 12 of Zoning Ordinance.

Aviation navigational aids. C C C C
Public utility facilities or structures,
including electrical substations and
cellular telephone facilities.

C C C
Transportation:

Parking lot. C C C
Parking structure. C C C
Temporary Uses
Temporary uses, as provided in Title
19, Division 10.

T T T T
On-site construction facilities. T T T T See Note (6).

On-site real estate sales office. T T T T See Note (7).

Notes:
(1) Previously approved existing single-family uses within RM Zones are considered legal non-conforming.

However, in the event that 20 percent or more of an existing single-family use within an RM zone is destroyed or significantly damaged, such use will no longer be permitted, and the property must be developed in accordance with the zoning regulations applicable to the respective zone. (2) A Community Residential Care facility is a “community care facility” serving seven (7) or more persons, licensed for any type of 24-hour care pursuant to the California Community Care Facilities Act and California Health and Safety Code Section 1500 et. Seq. Community Residential Care facility are conditionally permitted in the RM- 10 and RM-20 zones. A minimum distance of 300 feet shall be maintained from any other community care facility. (3) All applicants shall comply with the State Health and Safety Code with regard to the maximum number of children that may be supervised at any 1 time based on applicable standards and criteria. In no case, shall the total number of children supervised at any 1 time at any residence exceed 14. (4) Permitted with a conditional use permit as an incidental use provided that sufficient parking and circulation can be provided on the property and the hours of operation for the incidental use will not conflict with the primary use. (5) Bingo games shall be permitted as an accessory use only when authorized under Chapter 5.16 et seq., and only when fire and safety regulations are met and parking facilities are fully conforming to the requirements for public assembly use.
(6) Offices, storage, activities, and facilities directly pertaining to construction on the same site provided construction is not suspended for a permitted use for more than 30 consecutive days. (7) Temporary real estate sales office, only for sales or leasing of new subdivision and for not more than 1 year. (8) Permitted uses and intensity of use in the PD zone shall be determined in a public hearing, subject to the provisions of the General Plan for the individual area designated as Planned Development.

19.412.020 Multi-family Residential Zone—Commercial Parties Prohibited.

A. Purpose and Intent. It is the purpose and intent of the City Council by the adoption of this section to prohibit parties conducted in a commercial manner within all multifamily residential zones in order to preserve the rights of residents to the quiet enjoyment of their property.

B. Definitions. For purposes of this section, the following words and phrases shall have the meanings set forth herein:

1. “Admission charge” means a tangible benefit, monetary or otherwise, which is expressly or implicitly required as a condition of admittance to a party. Customary courtesies and clearly noncommercial activity such as gifts by guests and voluntary sharing of expenses for meals shall not be considered to be an “admission charge.” “Admission charge” shall not include donations for political, community service, charitable, or religious purposes.

2. “Party” means 3 or more persons meeting together for social, recreational, or amusement purposes.

C. Admission Charge Prohibited. No person or group of persons shall require, implicitly or expressly, any admission charge to any party conducted in any multifamily residential zone.

Chapter 19.416 Development Standards—Building Form

19.416.010 Buildings Required.

A. All activities and facilities, where permitted by other provisions of this Division, shall be enclosed within permanently constructed buildings.

B. Outdoor activities, storage, and display may be permitted in accordance with Sections 19.412.010 and 19.424.020, and the regulations and limitations of Division 10, Title 19.

C. Where a use is permitted by conditional use permit, temporary use permit, or special permit (see Division 10, Title 19), outdoor activities and temporary facilities may be authorized by the terms of such permit notwithstanding the provisions of this section.

19.416.020 Building Type.

Every building shall be designed or remodeled to accommodate its use in accordance with applicable building codes and other laws. A residential building pursuant to this Division shall not be occupied by a nonresidential primary use.

19.416.030 Height of Structures.

A. The maximum height of any building or structure shall be as shown in Table 19.416.030.

Table 19.416.030
HEIGHT LIMITS – MULTI-FAMILY ZONES
Zone
Maximum Height
Within 50 Feet of Any RS Zone More than 50 Feet from RS Zone RMH (1) 2 stories or 30 feet, whichever is
less. 2 stories or 30 feet, whichever is less.

RM-10 & RM-20 2 stories or 35 feet, whichever is
less.
3 stories or 40 feet, whichever is less, except a
greater height may be authorized by a
conditional use permit.

RM-10 and RM-20
With tuck-under
parking
The maximum building height may
be 3 stories or 35 feet.

The minimum height of the ground
floor for tuck-under parking shall be
12 feet with residential units located
on the second and third floors.

The maximum building height may be 4 stories
or 45 feet.

The minimum height of the ground floor for
tuck-under parking shall be 12 feet with
residential units located on the second, third,
and fourth floors.
(1) See Section 19.448.010 for height limits and additional development standards for RMH zones.

B. For multi-family units on a lot in the RM-20 zone with non-conforming lot width and/or lot area, special height requirements of Section 19.448.020 shall apply.

C. For a single-family dwelling (one dwelling unit on a lot) in the RM zones, the height limits of Section

19.316.030 of Division 3 shall apply.

19.416.040 Building Form
A. Building entries shall face the primary public street with pedestrian access provided from sidewalks to all building entries, parking areas, and publicly accessible open spaces. For larger sites with multiple buildings, buildings not sited adjacent to a public street may also be oriented to face internal streets, open spaces, paseos, and recreation amenities.

B. Each entry to a dwelling unit shall be emphasized and differentiated through architectural elements such as porches, stoops, dooryards, roof canopies, and detailing that provides ground level space. The space next to the porch shall be used for landscaping.

C. Parking areas, covered and uncovered, shall be screened from public street frontages. Screening may be accomplished through building placement, landscaping, fencing, or some combination thereof.

D. For multifamily projects located across the street from a single-family residential zone, parking lot areas and carports shall not be located along the single-family neighborhood street frontages, unless screened by landscaping or a block wall.

E. Buildings shall be arranged to provide functional common outdoors spaces (such as courtyards, paseos, or parks) for the use of residents.

F. Massing Breaks. Large building massing shall be articulated to reduce apparent bulk and size. All street-facing facades must include at least one (1) change in wall-plane (projection or recess) at least four (4) feet in depth, or two (2) changes in wall-plane at least two (2) feet in depth, for every 50 linear feet of wall. Such features shall extend the full height of the respective façade of single-story buildings, at least half of the height of twostory buildings, and at least two-thirds of the height of buildings that are three (3) or more stories in height.

G. Horizontal Building Stepback. Buildings exceeding three (3) stories in height shall provide a minimum horizontal stepback of six (6) feet for all stories above the 3rd level on all street-facing elevations (including front and side yard façades and alley) and any elevation adjacent to a residential zone or use.

H. Privacy Considerations for Adjacent Single-Family Residential Zones. When a building is adjacent to a single-family residential zone, windows, balconies, or similar openings shall be designed to prevent direct lineof-sight into adjacent residential units, private patios, or backyards. This can be achieved through one (1) or more of the following strategies:

1. Incorporating the required upper-story stepbacks.

2. Strategic window placement.

3. Utilizing clerestory windows, frosted or opaque glass.

4. Integrating mature landscaping within the rear or side setback areas.

I. Rooflines. Rooflines shall be segmented and varied within an overall horizontal context. Roofline ridges and parapets shall not run unbroken for more than 100 feet. Variation may be accomplished by changing the roof height, offsets, direction of slope, and by including elements such as dormers.

J. Antennae. Notwithstanding the restrictions of Section 19.416.030, radio antennae permitted under FCC regulations, and similar equipment shall be subject to the following regulations:

1. Ground-mounted antennae which are incidental or accessory uses are permitted to a height of sixty feet, unless permitted higher by a conditional use permit.

2. Roof-mounted antennae, which shall include dishes to a maximum of twenty-four inches in diameter, may be used but may not be more than 25 feet higher than the highest point of the building to which they are attached, excluding chimneys and like projections, unless permitted higher by the issuance of a conditional use permit.

3. Any antenna that is primary to the use shall be subject to the height limit established under a conditional use permit.

K. Flagpoles. Flag poles shall be permitted within front, side or rear yards provided they are setback a minimum of 5-feet from property line, and shall be limited to no more than 30-feet in height subject to issuance of a building permit.

L. Other Structures. Any free-standing structure, not specifically referenced in this Title shall be limited to no more than 8-feet in height from grade and may only be located outside of any front, side or rear yard setback areas.

M. Accessory Dwelling Units. See Section 19.348.010 for height limits for Accessory Dwelling Units.

19.416.050 Space between Buildings.

A. The minimum distance between buildings located on the same lot, shall be as shown in Table 19.416.050.

The minimum distance is measured from the exterior faces of nearest exterior walls between buildings.

B. Single Family Dwelling. For a single-family dwelling in the RM zones, the minimum building separation requirements for the single-family zones in Section 19.316.060 of Division 3 shall apply.

Table 19.416.050

MINIMUM SPACE BETWEEN BUILDINGS
Zone:

Between Main
Building and an
Accessory
Building
Between Two Main Buildings
Window (1)
In Only One of the
Facing Walls
Window (1)
In Both Facing
Walls
Doorway (1)
In One or Both
Facing Walls
RMH (2) (2) (2) (2)
RM-10 and RM-20 6 feet 5 feet (3) 10 feet (3) 10 feet
(1) Wall openings which are only for utility access or emergency exit are not considered to be windows or doorways for the purposes of these requirements.
(2) See special requirements, Section 19.448.010. (3) Windows that directly face each other on adjacent properties shall be either staggered or designed so as not to have a direct line of sight between them, to ensure privacy and minimize visual intrusion between neighboring structures.

C. Multi-family residential developments with two (2) or more buildings shall be designed around a common open space, public open space (e.g., a linear park/paseo), or community amenities such as swimming pools or other recreational facilities with a horizontal distance of no less than fifteen (15) feet. Pedestrian walkways shall be provided and connect open space areas to a public right-of-way and/or building entrance.

D. Permitted Projections from Buildings. Projecting elements on all floors may project a maximum of three (3) feet from the façade into the minimum required space between buildings. Building projections may include:

1. Building features.
a. Cantilevered eaves, awnings, and shading devices.
b. Architectural features such as sills, cornices, buttresses, Juliet balconies, bay windows, etc. c. Chimneys not exceeding 8 feet in length.
d. Mechanical equipment cantilevered from building.

2. Uncovered, cantilevered balconies, with a minimum 10-foot separation in all horizontal directions from any balcony or wall in the opposing structure.

3. Uncovered stairways and walkways.

19.416.060 Residential Building Floor Area.

A. For any multi-family residential development, the minimum floor area of each dwelling unit shall be as shown in Table 19.416.060, titled Minimum Dwelling Unit Floor Area.

1. In the RM zones, up to 15 percent of the minimum required gross floor area may be in private balconies, porches, and patios which meet the minimum requirements of Section 19.420.030.

2. Attic and basement space, where the ceiling height is less than 6.5 feet, and garages and accessory buildings shall not be included as part of the required dwelling unit floor area.

B. The minimum bedroom size shall be 80 square feet of clear floor space without obstructions, with a minimum of 8 feet in one (1) direction.

C. The square footage of the common indoor living areas of a dwelling unit, such as the living room, dining room, kitchen, family room, etc. must be equal to, or greater than, the square footage of bedrooms provided.

The square footage of bathrooms, closets, hallways, garages or other defined storage spaces may not be counted towards common living area square footage to comply with this requirement.

D. For a single family dwelling (one dwelling unit on a lot), the minimum floor area requirement shall be governed by Section 19.316.070 of Division 3 for the RS-6 zone.

Table 19.416.060

MINIMUM DWELLING UNIT FLOOR AREA
Minimum Gross Floor Area (square feet per dwelling unit) Zero* Bedroom
Unit
One Bedroom
Unit
Two Bedroom Unit Three or Plus Bedroom Unit
400(1) 550(1) 700(1) 850 plus 100 each additional room (1) *Zero Bedroom Units shall not exceed 20 percent of the total number of units in multi-family developments. (1) Dwelling unit size may be reduced below the square footage specified in Table 19.416.060 with a Conditional Use Permit.

19.416.070 Building Coverage.

A. Maximum Building Coverage. The maximum building coverage for all multi-family residential zones shall be forty-five (45) percent.

B. Inclusion of Roofed Structures. Building coverage shall include all roofed structures over 6 feet in height, with dimensions measured around the outside bearing walls and/or support columns. Exceptions include trash enclosures or open-sided shading structures that are part of a recreational accessory use in the common usable open area.

C. Projecting Enclosed Building Floor Areas. Building coverage shall include any enclosed building floor areas above the ground that may project beyond the bearing walls and support columns.

D. Covered Breezeways and Private Patio Structures. Covered breezeways and private patio structures, whether open-sided or enclosed, trellised or solid-roofed, shall be considered part of the building coverage.

19.416.080 Non-Habitable Accessory Structures.

A. Non-habitable accessory structures are covered non-habitable areas which may include storage areas, attached or detached garages, utility and pump houses, restroom facilities, vertical circulation access ways, open air structures such as cabanas, gazebos, trellis and other similar structures.

B. Any non-habitable accessory structure shall not exceed 400 square feet in floor area and shall not exceed 1 story or 15 feet in height, whichever is less. Non-habitable accessory structures shall be located within the side yard or rear yard setback and shall not be visible from the street.

C. Canopies or vinyl laminate and mesh tarps are prohibited in the Multifamily Residential zones. However, wall-mounted shade sails that meet the following criteria are permitted:

1. Shade sails shall be architecturally integrated and attached to the building and shade sail poles in a manner that does not compromise structural integrity or appearance.

2. Shade sails shall not project from the building more than 15 feet and shall not extend beyond the property line or into required setbacks.

3. Shade sails shall be installed pursuant to the manufacturer’s requirements and shall be included as part of the site plan review process.

19.416.090 Residential Garages and Carports.

A. For a mobilehome park in the RMH zone, separate requirements for carports apply pursuant to Sections 19.436.050 and 19.448.010.

B. For a single-family dwelling (one dwelling unit on a lot) in the RM zones, the requirements for minimum garage floor area and vehicular openings shall be governed by Chapter 19.336 of Division 3 for the RS-6 zone.

C. The maximum width of parking areas along street frontages and within the required front setback, including driveways, open parking, carports, and garages, but excluding underground parking and parking located behind buildings, shall not exceed 25 percent of the linear street frontage.

D. Garage doors shall be recessed into the garage wall a minimum of 4 inches to accentuate shadow patterns and relief.

E. Parking for residents, visitors, and/or employees shall be accommodated onsite in garages, parking areas, or along internal streets to minimize spillover to adjacent residential neighborhoods. Parking and loading/ unloading areas shall not create stacking/queuing issues at ingress/egress points.

F. For multifamily apartments, garage and/or carport floor areas shall be provided to accommodate the number of required parking spaces as required in Chapter 19.436.

1. Each parking space shall have a vehicular door or access opening of a minimum 8-foot width. Two parking spaces may be combined with a vehicular door or access opening of a minimum 16-foot width.

19.416.100 Building Materials.

A. Façade Materials. Primary, Secondary and Accent materials are allowed or prohibited as specified in Table

19.416.100, which may be updated periodically by the Community and Economic Development Director as new or amended materials become available. Community and Economic Development Director approval is required for materials not identified in Table 19.416.100 below.

B. Primary Building Materials. The primary building materials listed in Table 19.416.100 are permitted to make up approximately 50% to 75% of the building design. The primary building materials include the appropriate wall surface materials and visible roofing materials. The primary building materials cover the primary/front façade, secondary/corner side façade, side façade, and rear façade of the entire building.

C. Accent/Secondary Materials. The accent/secondary building materials listed in Table 19.416.100 are permitted to make up approximately 5% to 50% of the building design. This includes exterior windows, decorative window treatments and balconies, decorative entries, etc.

D. Variation Between Buildings. For projects with six (6) buildings or more, the colors and materials of exterior walls, doors, and accents such as window trim shall vary and a minimum of two (2) distinct color schemes shall be provided for every six (6) buildings in a project.

E. Consistency Between Elevations. The materials, colors, and styles of windows, doors, roofs, decks, balconies, exterior staircases, porches, and any façade treatment shall be used on more than one (1) elevation of a building.

F. Material Transition. Changes in material shall occur at inside corners of intersecting walls or at architectural features that break up the wall plane, such as columns.

G. Chimneys. Chimneys shall either be painted the same color as the exterior wall or constructed with the same materials present on other accents or elements of the facade.

H. Accessory structures including attached and detached ADUs, trash enclosures, storage rooms shall be constructed of the same materials, colors, roof type as the primary structure.

I. Building materials and colors shall be in compliance with the Architectural Styles provided in Section

19.416.110. If an affordable housing multi-family residential development is proposed, refer to the Architectural Styles Objective Design Standards for a list of applicable building materials and colors.

Table 19.416.100

MULTI-FAMILY MATERIALS LIST
Material Maximum Usage %
of Façade Area(2)(3)
Permitted as Primary (or Secondary) Building Materials
Brick (full dimensional) 75%
Stone/masonry 75%
Stucco/Cement Plaster 75%
Glass (transparent, spandrel) 75%
Finished wood, engineered wood 75%
Fiber reinforced cement siding and panels 75%
Vinyl siding 50%
Exterior Insulation Finishing System (EIFS) 50%
Permitted as Accent/Secondary Materials
Vegetated wall panels or trellises 50%
Concrete blocks with integral color (ground, polished, or glazed finishes) 35% Concrete blocks with integral color (split face finish) 35% Ceramic tile 35%
Standing seam metal 35%
Brick/Stone (veneer/thin brick) 35%
Wrought Iron 15%
Three-Dimensional Glass 5%
Roof Materials
Asphalt/metal shingles 100%
Clay/metal tiles 100%
Slate tiles 100%
Concrete tile 100%
Standing seam metal 100%
Prohibited Building and Roof Materials (1)
Corrugated sheet metal Not Permitted
Galvanized metal Not Permitted
Interlocking metal Not Permitted
T-111 Plywood Not Permitted
Wood Shingles Not Permitted
Rolled/Flat Roof (4) Not Permitted
(1) No building shall have a metallic exterior surface such as, but not limited to, galvanized, corrugated or interlocking metal sheets, unless the use of such metallic surface material is approved under the site plan review procedure (Section 19.128.040) for the purpose of enhancing the architectural quality of the building while preserving architectural harmony and compatibility with the surrounding area. (2) The following structures shall be exempt from the provisions of this section:
• Storage sheds not visible from a public street as an accessory structure to a multi-family dwelling which do not require building permits;
• Storage containers as a permitted temporary use which do not require building permits. • Patio structures that are not visible from a public street. (3) The Community and Economic Development Director is authorized to allow deviations of up to 10%. (4) Flat roof design is permitted if consistent with Spanish Colonial or Modern style architecture.

19.416.110 Architectural Styles.

The Architectural Styles for new development apply to all new construction pursuant to this Division, except those areas within the boundary of an existing Specific Plan. The Architectural Styles Objective Design Standards identifies six (6) preferred architectural styles, as indicated below. Architectural design elements and materials shall be consistent throughout the project, recognizing that a building is three-dimensional and must be well-designed on all sides. Detailing, choice of materials, and window and door choices shall reinforce the overall project design.

Alternative styles may be submitted to review by the Community and Economic Development Department, although discretionary approval may be required by the Planning Commission or Zoning Administrator.

A. Spanish Colonial Revival. The Spanish Colonial Revival architectural style draws inspiration from Spanish, Mediterranean, and early Californian influences, and it originated during the late 19th and early 20th centuries.

Typically, buildings with this style exhibit an asymmetrical design. They are characterized by low-pitched roofs with minimal or no overhang, adorned with serpentine roof tiles. This style often incorporates wood framing and is covered with light-colored stucco siding. The use of arches is prevalent, particularly above doors, porch entries, and main windows.

B. Craftsman. The Craftsman architectural style originated in the early 20th century as part of the Arts and Crafts movement. Notable design features include exposed rafters and beams beneath the eaves, decorative brackets and fasteners, full or partial-width porches, and prominent columns or piers. While the Craftsman style emphasizes a horizontal emphasis, vertical architectural elements are often incorporated to highlight corners and entrances. Traditional Craftsman homes typically showcased exterior cladding made of wood shingles or clapboard siding, along with details such as extended lintels and decorative lighting with geometric patterns.

C. Farmhouse. The Farmhouse architectural style is an expression of rural residential designs and materials, with the Contemporary Farmhouse style specifically reflecting the agricultural history and commercial structures found in Southern California. This style incorporates playful elements, such as shed roofs, vibrant color blocking, and contemporary interpretations of traditional farm structures like barns and silos. The roofs of Farmhousestyle buildings are typically medium to high-pitched, and the overall detailing is kept simple.

D. Tuscan. The Tuscan architectural style blends modern and classic elements, incorporating both Spanish Revival and Italian influences. This style draws inspiration from Mediterranean variants found in California, showcasing rustic elements. Key characteristics include the use of stone and stucco, light earthy tones, and red tiled roofs. Classical elements like columns, arches, and decorative ironwork add visual interest and complexity. Squared towers and projections reflect classic Italianate influences. Porches and porticoes are commonly featured, as well as vertically oriented recessed windows.

E. Modern. The Modern architectural style draws inspiration from utilitarian design principles, featuring block forms, contrasting colors, and eclectic combinations of materials in contemporary compositions. This style embodies a minimalist and clean aesthetic. It utilizes simple rectangular shapes and forms, integrating them within horizontal and vertical planes to create dynamic lines. Flat roofs are commonly used to reinforce the rectangular shapes while also providing opportunities for outdoor deck areas. Accents in the Modern style are understated and unpretentious, often taking the form of trellis elements.

F. American Traditional. The American Traditional architectural style is a fusion of various traditional American styles such as Cottage, Cape Cod, and Farmhouse. It is characterized by simplicity and classic design elements, including rectangular forms, spacious front porches, decorative shutters, dormers, and wood siding.

This style represents a traditional interpretation of rural farmhouses. The color palette used in American Traditional homes is typically subtle, with shades of white or gray for the main body of the house, while light or dark shutters provide contrasting accents.

Chapter 19.420 Development Standards – Yards and Open Space

19.420.010 Setbacks.

The following minimum setback requirements apply to residential development within the RM-10 and RM20 zones. For the RMH zone, the special requirements of Section 19.448.010 apply. For a single-family dwelling in the RM zones, the required setbacks and the related permitted encroachments of the RS-6 zone in Division 3, Chapter 19.320 shall apply.

Yard Minimum Setbacks
Front Yard The minimum front yard setback shall be 10 feet. In addition, each building or structure shall be set back an additional distance equal to one-half the height of the building or structure above 30 feet.

Side Yard, abutting a street The minimum side yard abutting a street shall be 10 feet. In addition, each building or structure shall be set back an additional distance equal to one-half the amount by which the height of the building or structure exceeds 30 feet.

Side and Rear Yard, not abutting a
street
The minimum required rear yard and side yard, not abutting a street, shall be 10 feet.

Rear Yard, abutting a street or alley The minimum rear yard, abutting a street or an alley, shall be 10 feet.

19.420.020 Yard Encroachments
The following encroachments are permitted within the minimum required setbacks within the RM-10 and RM-20 zones. For the RMH zone, the special requirements of Section 19.448.010 apply.

A. Cantilevered eaves, awnings, and shading devices may project from the building’s facade into the setback area no more than five (5) feet within the front and side yard setbacks, but no more than three (3) feet within the rear yard setbacks. The height of all awnings or shading devices above the sidewalk shall be consistent, with a minimum clearance of 8 feet provided between the bottom of the valance and the sidewalk. Valances shall not exceed 18 inches in height.

B. Architectural features such as sills, cornices, buttresses, Juliet balconies, bay windows, etc., may project from the building’s façade into each setback area no more than 2.5 feet.

C. Chimneys not exceeding eight (8) feet in length may project from the building’s façade no more than 2.5 feet.

D. Uncovered porches, decks, stoops, steps, planters, etc., with a maximum 6-foot projection from the building’s facade and a maximum 24-inch height except railings may extend 3.5 feet above deck or tread. (Where maximum fence height is 3.5 feet, railing must be open type.). Balconies located above the ground level shall provide a minimum 7-foot clearance with no obstructions.

E. Mechanical equipment, cantilevered may project from the building’s façade, subject to screening requirements in Section 19.440.020, a minimum of 2.5 feet within the side yard and rear yard setbacks.

F. Mechanical equipment, freestanding with a maximum 4-foot height and subject to screening requirements in Section 19.440.020 may be located within the side and rear yard setbacks.

G. Signs are permitted within the front yard setback pursuant to Section 19.908.010.

H. Accessory Dwelling Units. Refer to Section 19.348.010.

I. Permitted projections within the side yard, not abutting a street and rear yard only.

1. Utility-Owned Facilities.
i. Pole lines within approved easements.
ii. Other above ground facilities with a maximum 5-foot height within approved easements, such as transformer boxes, pedestal terminals, etc.

2. Access walkways and driveways.

3. Uncovered parking, subject to screening, landscaping, and wall requirements.

4. Storage of vehicles (over 24 hour), trash areas, other permitted outdoor storage screened from public view.

5. Pools.
i. Swimming pools, therapeutic pools, with a minimum 5-foot setback from the side and rear property lines.
ii. Decorative pools, with maximum 18-inch depth.

6. Recreation facilities which are subject to a building permit, such as play equipment, play structure, play house, etc.

7. Non-Habitable Accessory Buildings. Shall not exceed 15 feet in height, and shall be located a minimum of 5 feet from a rear or side property line, not abutting a street, and at least ten (10) feet from the street side property line.
i. Furthermore, such accessory building, if located more than 60 feet from a street property line and not abutting a RS zone, may be located up to the rear or side property line not along a street behind a solid wall or fence, not less than 6 feet in height. ii. Such accessory building, if located less than 3 feet from an interior lot line, shall have no wall openings facing the adjoining property and no drainage onto the adjoining property.

J. Fences, walls, hedges, and berms, subject to the allowable height and design requirements in Chapter 19.428.

19.420.030 Required Open Space.

All multi-family residential developments within the RM zones shall meet the minimum open space requirements as provided below. Open space areas shall not be located directly next to arterial streets, service areas, or adjacent commercial development to ensure they are sheltered from the noise and traffic of adjacent streets or other incompatible uses. Alternatively, a minimum of 10 feet of dense landscaping shall be provided as screening between the open space area and arterial street, service area, or commercial development. Open space surfaces shall include a combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dustfree surfacing. The slope of open space areas shall not exceed 10%.

Zone Common Open Space (per
unit) (3)
Private Open Space (per
unit)
Recreational Amenities
RMH N/A – Refer to 19.448.010 N/A - Refer to 19.448.010 For projects with 25 or more dwelling units, provide one
recreational amenity for every
30 dwelling units or fraction
thereof.

RM-10 (2) 200 sq. ft. (1)
RM-20 (2) 200 sq. ft. (1) 60 sq. ft./upper floors
100 sq. ft./ground floor
(1) Requirement applies to developments with 200 units or less. For developments with 200 units or more shall provide a minimum of 100 square feet of common open space per unit. (2) Every development that includes five (5) or more residential units shall provide at least one (1) common open space area.
(3) A maximum of 25 percent of the total area counted as common open space may be provided on a roof and subject to the requirements of Section 19.420.080.

Note: Off-street parking and loading areas, driveways, and service areas shall not be counted as usable open space.

19.420.040 Common Usable Open Space.

A. In projects with fewer than 10 units, the common open space area shall have a minimum length and width of 15 feet.

B. In projects with 10 or more units, where the required common open space area is less than 3,000 square feet, the common open space shall be concentrated in one area. The common open space area shall be at least 25 feet in width.

C. Where the required common open space area is 3,000 square feet or more, the space may be divided among multiple areas, provided that at least one common open space area is a minimum of 2,000 square feet with a minimum width of 25 feet. All other areas shall be at least 1,000 square feet with a minimum width of 10 feet.

D. Common upper-story decks shall be a minimum of 60 square feet and shall not be less than 6-feet in any direction. Roof decks shall be subject to the requirements of Section 19.420.080.

E. Primary common open space shall not be located at an extreme edge of the property or dispersed as smaller areas throughout the site.

F. All residential units shall be within a 1/4 mile (1,320 feet) walking distance of the provided common open space.

G. Pedestrian walkways shall connect the common open space to a public right-of-way or building entrance. At least one (1) side of the common open space shall border residential buildings with transparent windows and/or entryways.

H. An area of usable common open space shall not exceed an average grade of 10 percent. The area may include landscaping, walks, recreational facilities, and small decorative objects such as artwork and fountains.

I. All common open spaces shall include seatings and lights. Site furniture shall use graffiti-resistant materials and/or coatings and skateboard deterrents to retain the site furniture’s attractiveness.

J. Forecourt must be enclosed on at least three sides by buildings. The minimum dimension of any side is 40 feet.

K. Multifamily developments exceeding 150 units shall have at least two common open space areas and shall incorporate activities for different age groups.

L. There shall be no obstructions above the open space except for devices to enhance the usability of the space.

Buildings and roofed structures with recreational functions (e.g., pool houses, recreation centers, gazebos) may occupy up to 20% of the area counted as common open space.

M. Mechanical equipment may be located within the common usable open space area provided that the equipment is fully screened from view.

N. Developments that include 15 or more units shall include children’s play areas and play structures. For senior housing developments this shall be replaced by one (1) of the following:

1. Outdoor seating area with shade structure.

2. Low-impact recreational activities such as bocce ball, horseshoes, miniature golf, bean bags, badminton, croquet, etc.

O. Non-conforming Lots in the RM-20 Zone. For a multi-family use on a lot in the RM-20 zone with non-conforming lot width and/or lot area, separate requirements apply for common usable open area pursuant to Section 19.448.020.

P. Pedestrian walkways throughout common open space areas, recreational amenities, access to individual units, and within the minimum setbacks shall be a minimum of 3 feet in width and shall be constructed of firm, stable and slip-resistant materials such as poured-in-place concrete (including stamped and textured concrete), concrete pavers, or permeable pavers.

Q. Where restricted open space is located adjacent to a window of an adjoining dwelling unit, balcony railings and patio walls or fencing shall be constructed with an opaque material. Screening shall be constructed with limited openings to provide a minimum of 85 percent surface area screening (measured from the finished floor of the restricted open space to the top of the railing, fencing, or walls).

R. Common open space shall be located and arranged to allow visibility into the space from pedestrian walkways on the interior of the site. Fencing or barriers shall be designed with transparency to allow visibility.

S. A minimum of three (3) of the following features shall be incorporated into common open spaces and maintained on the site:

1. Fixed or movable seating

2. Shade trees or shaded canopy

3. Flowering plants

4. Native habitat

5. Play area for children

6. Play area for pets

7. Low-impact recreational activity for seniors

8. Educational or interpretive information about geographic, historic, or ecological features, such as plaques about relevant tribal history or indigenous plant information.

9. Outdoor kitchen equipment or fire pit

10. Public art or interactive art, such as a sculpture, or murals

19.420.050 Recreational Amenities.

A. The required front yard area shall not be counted toward the common recreation area requirement.

B. Projects shall include at least one children’s play area with a minimum dimension of 150 square feet.

C. Developments that include 15 or more dwelling units shall include at least one play area for children (unless age restricted to senior citizens or within 300 feet of a public park). Such play areas shall:

1. Have a minimum dimension of 20 feet in any direction and a minimum area of 600 square feet.

2. Contain play equipment, including equipment designed for children aged five years and younger.

3. Be visible from multiple dwelling units within the project.

4. Be protected from adjacent streets or parking lots with a fence or other barrier at least 4 feet in height.

D. Unless otherwise approved by the Community and Economic Development Director, required play spaces for children shall be accessible from all on-site dwellings by pedestrian paths and separate from vehicular areas.

E. All play areas shall be located away from high automobile traffic and shall be situated for maximum visibility from the dwelling units.

F. A play area for children under age five shall be provided within direct visibility of common spaces.

G. One common recreational amenity shall be provided for every 15 units or fraction thereof. Facilities that serve more people could be counted as two (2) amenities, as indicated below. The following listed amenities satisfy the recreational requirements:

1. Clubhouse at a minimum of 750 square feet (counts as two)

2. Swimming pool at a minimum of 15x30 feet or equal surface area (counts as two)

3. Tennis, pickleball, basketball, or racquetball court

4. Weightlifting facility/Indoor fitness center

5. Children’s playground at a minimum of 600 square feet

6. Sauna or jacuzzi

7. Day care facility

8. Picnic areas/stations with tables and chairs or BBQ grills with picnic stations

9. Outdoor chess/checkers boards

10. Community garden

11. Plaza at a minimum 2,000 square feet

12. Other recreational amenities deemed adequate by the Community and Economic Development Director.

19.420.060 Private Open Space.

A. In RM zones, each dwelling unit shall be provided with at least one (1) area of private usable open space and shall be accessible to only one (1) living unit by a doorway or doorways to a habitable room or hallway of the unit. Private open space located above ground level in the form of fenced or screened patio or balcony shall have a minimum eight-foot vertical clearance and have minimum dimensions of no less than six (6) feet in any horizontal direction. Private open space located on the ground level in the form of fenced or screened yard, deck, or patio shall have a minimum eight-foot vertical clearance and have minimum dimensions of no less than ten (10) feet in any horizontal direction.

B. Mechanical equipment of a dwelling unit may be located within that unit’s private open space provided that the equipment is not more than 3.5 feet in height and the equipment is screened from view. Mechanical equipment located within the unit’s private open space area shall provide a minimum area of at least 72 square feet.

C. Above ground-level space shall have at least one (1) exterior side open and unobstructed for at least 6 feet above floor level, except for incidental railings and balustrades.

19.420.070 Courts.

A. A building or buildings that consists of up to 16 attached and/or stacked units on the same lot, accessed from a shared courtyard. The shared court could be common open space (known as garden-court) or shared driveway (known as motor-court). Courts are surrounded on 3 sides by the building(s). Access shall be provided from the primary street frontage for courts that provide common open space or access shall be provided from either the side street or alley for courts that provide a shared driveway subject to compliance with Orange County Fire Authority requirements for fire access and turnarounds. The maximum building length shall be 150 feet at any side. The court shall provide access to units and garages and there shall be at least one (1) entrance for every 50 feet.

B. Primary elevations (facades) shall incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building. Along the vertical face of a structure, such features shall occur at a minimum of every 35 feet, and each floor shall have at least two of the following features:

1. Recess (e.g., deck, patio, courtyard, balcony, garage, entrance, or similar feature) that has a minimum depth of 4 feet.

2. Extension (e.g., floor area, deck, porch, bay window, patio, entrance, or similar feature) that projects a minimum of 2 feet and runs horizontally for a minimum length of 4 feet.

3. Offsets of facade or roof elevation of 2 feet or greater.

C. Courts are permitted in the RM-10 and RM-20 Zones.

19.420.080 Rooftop Decks.

A. Rooftop decks are designed to provide an outdoor space on top of a building and are allowed in all RM zones, except for RMH zones. Rooftop decks shall be located on the uppermost story of the primary building. Rooftop decks are included in the total building height and are not permitted on buildings that exceed 40 feet in height in RM zones unless approved with a Conditional Use Permit. However, permanent fixtures associated with the usable open space, such as trellises; shade structures; furniture; and furnishings such as planters, lighting, and heaters may exceed the height limit by up to 12 feet.

B. Roof decks shall have no horizontal dimension less than 15 feet, and no more than 25 percent of the total area counted as common open space may be provided on a roof.

C. Roof top decks are not permitted when a property line is shared with an RS zoned property.

D. One (1) rooftop deck is permitted per building. Materials provided for the rooftop deck shall be consistent in color and architectural style as the primary building. Exterior access is allowed subject to compliance with the Uniform Building Code (UBC).

E. At least 15 percent but no more than 25 percent of the rooftop shall be landscaped with raised beds for gardening, stormwater planters, or other landscaping. All required landscaped areas should be equipped with automatic irrigation systems and be properly drained.

F. Rooftop lighting shall be set back at least 12 feet from the edge of any building face that is oriented towards any existing single-family use.

G. When adjacent to a residential use, rooftop decks shall provide screening walls or landscaping which ensures privacy for adjacent residential properties.

19.420.090 Pedestrian Access to Dwellings.

A. A pedestrian walkway shall be provided connecting parking areas to main entrances of buildings and the public sidewalk. The walkway shall be clearly marked with special paving, concrete stamping or coloring.

B. Clear, safe pedestrian access should be provided from parking areas to building entrances within pedestrian walkways. When all unit entries face a driveway, pedestrian walkways shall be located parallel to the driveway to minimize the need for pedestrians to cross drive aisles.

C. Walkways shall not be sited directly against a building façade but buffered with a minimum 5-foot-wide landscaped planting area to provide privacy of nearby residences or private open space.

19.420.100 Future Rights-of-Way.

A. This section is applicable only where a portion of a lot is within an area planned to be part of a future street, alley, or other public right-of-way as determined from an officially adopted plan, and the acquisition of such portion would not reduce the buildable lot width to less than forty (40) feet.

B. In cases to which this section applies, the portions of any lot within any such future right-of-way area shall not be occupied by structures other than those encroachments allowed in future rights-of-way as provided in subsection C of this section. All other required setbacks, yards, and open areas shall be provided in addition to the future right-of-way areas, and the future right-of-way lines shall be considered to be lot lines for purposes of measuring such other setbacks, yards, and open areas.

C. Permitted Encroachments. The following encroachments are permitted within the future rights-of-way area:

1. Utility-owned pole lines within approved easements.

2. Access walkways and driveways.

3. Uncovered parking—to the same extent as permitted in adjoining front, side, or rear yard.

4. Storage (vehicles for over 24 hours, trash areas, other permitted outdoor storage)—to the same extent as permitted in adjoining side or rear yard.

5. Recreation facilities which are subject to building permit (play equipment, play structure, playhouse, etc.)—to the same extent as permitted in adjoining side or rear yard.

6. Real estate signs.

7. Fences, walls, hedges, and berms—to the same extent as permitted in adjoining front, side, or rear yard.

8. Landscaping, other than hedges.

19.420.110 Right-of-Way Improvements.

A. The purpose of this section is to establish requirements for right-of-way improvements for all RM zoned parcels within the City of Buena Park on which property improvements are made. "Right-of-way improvements" shall include curbs, gutters, sidewalks, driveway approaches, handicapped (ADA) ramps, water lines and appurtenances, sewer lines and appurtenances, storm drainage facilities, property dedications of right-of-way, streetlights, pavement markings, signs, and street trees.

B. Required Improvements. All projects adding new units shall be required to provide the following right-of-way improvements as are deemed necessary and applicable by the Director of Public Works:

1. Sidewalk and Parkway. Construction or repair of a sidewalk and parkway adjoining the site. The sidewalk shall have a minimum clear width of five (5) feet with a parkway, or six (6) feet if the sidewalk adjoins the curb, or shall be the minimum width of the adjoining properties along that side of the street.

2. Curb and Gutter. Construction or repair of curbs and gutters adjoining the site. All unused curb cuts shall be replaced with a full-height curb and gutter.

3. Street Trees. As required by Subsection 18.24.190 of the Municipal Code.

4. Bicycle Trail. As required by Subsection 18.64.020. Construction of bicycle trail as required by the "Fourth District Bikeways Strategy" adopted by the Orange County Transportation Authority or otherwise referenced on the City of Buena Park Active Transportation Plan.

C. Encroachment Permit Required. Except as otherwise provided in this Section, it is unlawful for any person to encroach or make or cause to be made any encroachment in the public right-of-way or on property subject to a public utility easement, or other easement available for use by public utilities, without first obtaining an encroachment permit from the Public Works Department.

1. Encroachment permits for right-of-way improvements shall be obtained prior to the issuance of a building permit and prior to any work being done within the right-of-way.

2. Street improvement plans for all work in the public right-of-way shall be prepared by a licensed civil engineer, whose signed engineer’s stamp shall appear on the plans. Final construction plans and specifications shall be approved by the City Engineer, and released for construction, prior to the issuance of the encroachment permit.

D. Parkways. A parkway (i.e., sidewalk strip, parking strip, or tree buffer) is a portion of the street right-of-way lying between the curb and sidewalk.

1. Any objects placed in the parkway (e.g. rocks, benches, etc.) shall not present a hazard or public nuisance and shall not block a clear line of sight across the parkway.

E. Objective Design Standards. Refer to Section 19.720.100 for Right-of-Way Improvements Objective Design Standards.

Chapter 19.424 Development Standards —Outdoor Improvements

19.424.010 Trash Storage Facilities.

A. All refuse shall be stored within trash containers which meet City standards. Except when temporarily placed for pickup, all such containers shall be located or screened so as not to be in public view.

B. Loading areas and refuse storage facilities shall be as far as possible from residential units and shall be completely screened from view of adjacent residential portions of the project. The location and design of trash enclosures shall account for potential nuisances from odors.

C. Except for a temporary use, any non-residential use in the residential zones shall comply with the trash storage requirements for commercial uses under Division 5.

D. All mobile home parks, group quarters, and multi-family developments of 4 or more units in the residential zones shall provide a trash enclosure and shall conform to the following standards:

1. All required trash enclosures shall meet the minimum requirements as specified by the City’s waste hauler based on the size and type of development.

2. Design. Provide a minimum 6-inch reinforced decorative block wall construction. Enclosure wall and roof design shall be compatible with design of the primary structures located on the property. The enclosure opening, including gates and hinges, must provide a minimum opening of 9 feet to allow containers to be moved in and out of the enclosure. The floor of the enclosure shall be a Portland Cement Concrete (PCC) pad, flush with adjacent driveway. Provide a minimum 10-foot by 10-foot PCC pad outside the entrance to the enclosure that is capable of withstanding the impact of bins being set down, and a 20-ton stationary load, as needed.

3. Curbing. Installation of a 6-inch-wide by 8-inch-high concrete curb at the base of interior walls for protection of walls from trash containers and bins is required.

4. Bin Separation. If multiple containers are stored in one enclosure, a minimum of 30 inches between containers is required to allow ease of access in loading bins.

5. Location. Enclosures shall be located on a grade no more than 2% and within 250 feet from a doorway of each residential unit. The containers shall be arranged for ease of pick-up and shall not interfere with other activities on the site. Recycling and trash enclosures shall be located away from building fronts and major entries, and/or screened from public view in a fixed enclosure. Trash enclosures shall not encroach into driveways, parking areas, pedestrian pathways, or emergency access areas. Such location shall be subject to the approval of the Planning Division.

6. Accessibility. All trash enclosures shall comply with the requirements set forth in the California Building Code and the requirements of CCR Title 24,
regarding accessibility to trash and recycling
collection containers for persons with
disabilities.

7. Screening. Enclosures shall be screened from
view on at least three sides by a wall at least 6
feet in height, and on the 4th side by gates no
less than 5 feet in height. Solid non-combustible
metal gates with latches and bolts are one
option. Alternative designs must be reviewed
and approved by the Director.

Minimum
Height: 6’
Closing Gate
Required

8. Rainwater infiltration. Enclosures shall be covered to prevent rainwater infiltration. A horizontal or sloped non-combustible material solid roof shall be provided for protection of the containers from the elements. The roof should extend sufficiently outward in all directions so that wind-blown rain will not enter the interior of the storage area. A minimum of 8 feet of vertical clearance within the storage area shall be provided to allow the container lids to be fully opened and closed inside the trash enclosure. If fire sprinklers or drop lighting are installed within the enclosure, the minimum vertical clearance of 8 feet will be measured from the lowest point of the sprinkler heads, lighting, or any other fixture.

9. Runoff. Enclosures shall be designed to prevent liquid runoff and to secure litter and trash from wind run-off. Enclosures and areas around enclosures shall not discharge to the storm drain system. If proposed use of the development includes a food service facility, any drains installed in or beneath enclosure areas shall be connected to a grease removal device prior to discharging to the sanitary sewer.

10. Overhead Clearance. An overhead clearance of 20 feet shall be provided in front of the enclosure to allow containers to be emptied by a front-end loader collection vehicle.

11. Access. Driveways and travel aisles shall conform to Section 19.436.040, and local building code requirements for trash, recyclable and organics collection access and clearance. Unobstructed access shall be provided for collection vehicles and collection company personnel, as well as for facility occupants and maintenance staff.

12. Large Containers. For containers of 6 cubic yards of capacity of greater, the following applies. i. Door opening. The door opening shall be at least 10 feet in width and allow for direct pick-up by the collection video.
ii. Entrance gate. The entrance gate should be capable of being latched open so that an 8- footwidetruck can access the enclosure.
iii. Vertical Clearance. A minimum of a 15-foot vertical clearance is required within the enclosure so the collection vehicle can reach the bin.
iv. Truck access. Enclosure must provide direct access by the collection vehicle. At a minimum, a lane, 10 feet wide by 30 feet in length, must be provided directly in front of the enclosure.

13. Turnarounds. For safety reasons, a turnaround must be provided for any street, driveway or travel aisle that would otherwise require the collection truck to back up a distance greater than 100 feet. A minimum of a 42-foot turning radius is required for solid waste collection vehicles.

14. Locks. If locks are needed to secure the enclosure, the Franchised hauler will supply container locks and keys at the lock charge fee in accordance with the service agreement for the property.

15. Maintenance. All trash enclosures and adjacent paving shall be maintained as a condition of the use.

16. Enclosures shall be separated from adjacent parking stalls with a minimum 3-foot-wide planter area.

17. Enclosures for compactors located outside the building shall be constructed of masonry block, designed to screen the bins, hydraulic lines, and accessory components, and to be architecturally compatible with primary structures on site.

E. For multifamily residential uses of four or more dwelling units and for mobile home parks, the minimum trash storage capacity provided shall be an amount determined on the basis of a refuse production rate of one-half cubic yard per dwelling unit per week and the frequency of pickup service available.

19.424.020 Outdoor Storage and Display.

A. Outdoor Storage. Outdoor storage of materials, equipment or other items is prohibited.

B. Outdoor Display. Temporary outdoor displays are permitted when authorized as part of a special events sale under Title 19, Division 10, or as part of a yard sale authorized under Section 19.448.070.

19.424.030 Firepits, Detached Fireplaces, and Fountains.

A. Outdoor fire/barbecue pits and fixed freestanding barbecues shall maintain a minimum setback of 5 feet from the side yard and rear yard property lines. Outdoor fire/barbecue pits and fixed freestanding barbecues shall maintain a minimum of 5 feet from any dwelling or accessory structure on a lot.

B. Detached fireplaces are permitted within the side yard and rear yard setback. Detached fireplaces located within the side and rear yard areas shall not be greater than 8 feet in length. Residential detached fireplace/chimneys shall have a maximum height of 7.5 feet within the side yard and 10 feet within the rear yard. Any outdoor detached fireplace shall maintain a minimum setback of 5 feet from any side or rear yard property line.

C. Fountains may be located within the front, street side, and/or rear yard setback. Fountains located within the required 10-foot front, street side and rear yard setback shall be at least six (6) feet from the property line and shall not exceed seven (7) feet in height. Fountains located within the required 10-foot rear yard setback shall be at least 5 feet from the property line and shall not exceed 10 feet in height. All fountains shall not exceed ten (10) square feet.

19.424.040 Patio Covers, Gazebos, and Cabanas.

A. The construction of patio covers, gazebos, and cabanas shall comply with the following standards:

1. These structures may be erected within the required side yard or rear yard provided that the clear space between the structure and the property line shall not be less than four (4) feet on the side and ten (10) feet in the rear.

2. If located within a required side yard or rear yard setback, the height of the structure shall not exceed ten (10) feet from finished grade.

3. Gazebos and cabanas shall not be enclosed by solid materials including transparent or opaque.

19.424.050 Swimming Pools and Spas.

Pools and Spas enclosures shall be compliant with CBC Chapter 31 Section 3119B, the California Residential Code (CRC) Appendix AX, The California Health and Safety Code (HCS) Article 2.5 (Sections 115920-115929) - “The Swimming Pool Safety Act” and this Code.

Chapter 19.428 Development Standards —Fences, Walls, Hedges, and Berms

19.428.010 General Requirements.

A. Required Permits and Approvals. No fence shall be constructed within the RM zones until the plans and design for such fence shall have been approved pursuant to the zoning compliance review procedure (Section 19.128.090). In addition, a fence may require a building permit from the Building Division.

1. Building Permit. Fences and walls may require a building permit as required by the California Building Code. Fences over 6 feet in height and block walls will require a building permit with the exception of the following: block or retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.

B. Furthermore, except for a lot developed with only one dwelling unit, no fence within a required yard adjacent to a street or a security gate as defined in Section 19.428.060 shall be constructed until the plans and design for such fence shall have been approved by the Director pursuant to the interdepartmental review process (Section 19.128.100)
C. All fences, whether required or not, shall be located and limited in accordance with provisions of this Division.

D. Fences are required under various provisions of this Division and other laws, including, but not limited to, the screening and protection of parking areas, storage areas, swimming and therapeutic pools, and utility facilities.

Such required fences together with the facilities and activities required to be enclosed shall be located so as not to conflict with open space and yard setback requirements.

E. Conflict with State Law. In the case of fencing requirements pursuant to state law which unavoidably conflict with the requirements of this Division, the state requirements shall prevail.

F. As defined in Section 19.104.080, the term “fence” as used in this Division means fence, freestanding wall, gate, hedge, or berm unless otherwise specifically stated.

19.428.020 Fence Height and Locations.

A. For any use in the RM zones, other than a single-family dwelling (one dwelling on a lot) and a mobilehome park in the RMH zone, the following fence height requirements shall apply;

1. With the exception of a required yard abutting a street, a maximum 7-foot-high fence may be permitted anywhere on a lot.

2. Yards, abutting a street. Within a required yard abutting a street, a maximum 6-foot-high fence may be permitted, subject to the following setback requirements and the design and material requirements of Section 19.428.030;
i. For any portion of a fence which is not view-obscuring, other than the provision of pilasters and vines, there shall be a minimum 3-foot setback from the street property line for that portion of fence.
ii. For any solid or view-obscuring portion of a fence, there shall be a minimum 5-foot setback from the street property line for that portion of fence.

3. For any fence over 2 feet in height within the required 15 feet by 15 feet vision clearance area adjacent to any driveway or alley where it intersects with a public street as defined under 19.436.030 shall meet the design requirements of Section 19.428.030.

B. Single Family Dwelling. For a single-family dwelling in the RM zones, the fence height requirements of Section 19.328.020 shall apply with the exception that a 6-foot maximum height fence may be permitted within the minimum required front yard with a 15-foot setback from the front property line.

C. Mobilehome Park. For a mobilehome park in the RMH zone, separate fence height requirements apply pursuant to Section 19.448.010.

D. The maximum height of any fence in the multifamily residential zones shall be 7 feet, except where a greater height is required for noise reduction as determined by an acoustical analysis.

19.428.030 Fence Materials and Design.

A. All fences in multifamily residential zones, whether required or not, shall:

1. Utilize no salvaged materials.

2. Be suitably finished on both sides.

3. Utilize colors and materials that are compatible with the property and neighborhood.

4. All fences shall be maintained in good repair and appearance.

B. In the RM-10 and RM-20 zones, chain link and wire fences shall be prohibited, except that chain link may be used for temporarily securing construction sites and vacant or vacated property.

C. All fences shall have an ornamental finish in subdued earthtone colors compatible with the structures on the property. Furthermore,

1. Block walls shall be of ornamental masonry construction or finish. A common grey or pink block wall shall not be considered as an ornamental masonry or finish.

2. Wood fences shall be of durable construction and finished appearance, and shall be painted or stained.

3. Wrought iron and tubular metal fences shall be primed and painted.

D. Any masonry wall shall be of a minimum 6-inch wide block construction.

E. Vision Clearance Area. Any fence within a required vision clearance area adjacent to any driveway or alley where it intersects with a public street, as further defined under section 19.436.030, shall not be a viewobscuring fence. The design of such fence shall provide a minimum of 4-inches of spacing between the vertical and horizontal elements between the height of 2 feet and 7 feet.

F. Fences within Required Yards, abutting a street. Pursuant to the provisions of the Architectural Styles Guide, any fence within a required yard abutting a street shall comply with the following design criteria:

1. In addition to the vision clearance requirements of subsection E of this section, fencing near any property line of an adjacent property shall be located or designed in such a manner as to maintain any potential vision clearance requirements, as determined by the Director.

2. Landscaping with the use of shrubs, vines and trees shall be incorporated into the design of the fence, utilizing variations in fence setbacks from the street property line where possible.

3. Common (cinder) block masonry shall not be permitted as a finished material for any fence within a required yard abutting a street.

G. Perimeter Walls/Visual Interest. Perimeter walls shall incorporate various textures, staggered setbacks, and variations in height in conjunction with landscaping to provide visual interest and to soften the appearance of perimeter walls. Perimeter walls shall incorporate wall inserts and/or decorative columns or pilasters to provide relief. The maximum unbroken length of a perimeter wall shall be 25 feet.

1. All non-transparent perimeter walls and/or fences shall be architecturally treated on both sides and shall incorporate landscaping whenever possible.

2. Screen walls, sound walls, and retaining walls shall be used to mitigate noise generators and provide privacy for residents.

3. Wall design and selection of materials shall consider maintenance issues, especially graffiti removal and long-term maintenance. Decorative capstones on stucco walls are required to help prevent water damage from rainfall and moisture.

4. Visually penetrable materials (e.g., wrought iron or tubular steel) shall be used in areas of high activity (i.e., pools, playgrounds) and areas adjacent to street frontage.

H. Trash Collection and Storage Area Screening. Sight-obscuring screening shall be provided for all garbage and trash collection areas, approved outdoor storage, and parking lots abutting a single-family residential development. Such screening shall be 6 feet in height.

19.428.040 Required Fences in Multi-family Residential Zones.

In any RM Zone (including the RMH Zone), in connection with any development other than a residential use of not more than three dwelling units, a solid ornamental masonry shall be provided along all side and rear property lines which do not abut a street. Such fences shall be not less than six feet high and not more than seven feet high, unless a greater height is approved for noise attenuation or other mitigation of environmental effects.

19.428.050 Double Fences.

A. Any parallel fences constructed with less than 3 feet separation shall be considered double fences. It is the intent of the City to discourage double fences whenever possible in order to avoid areas in which children and animals may become lodged, areas which may encourage rodent infestation, and areas which may accumulate litter and debris.

B. In instances where double fences are unavoidable, the gap between the fences shall be completely sealed with flashing, cement cap, or other material in a manner acceptable to the Planning and Building Divisions.

C. Where a new fence is required along a property line and an existing fence or wall is located on the opposite side of the property line, the Director of Community and Economic Development may suspend the requirement for the new fence provided that the existing fence can substantially satisfy all requirements of this Division and/or any conditions of an approval. Such suspension shall become null and void once the adjacent wall or fence is removed or found unacceptable by the Director and the requirement for the new fence shall be complied with at such time.

D. When fences are constructed to be 3 feet away from each other, the fence materials/ height shall provide visibility into the corridor for maintenance and safety. The surface between the two (2) fences shall consist of concrete, or other hardscaping material which deters the growth of vegetation.

19.428.060 Security Gate Standards.

A. General Requirements.

1. Definition. For the purpose of this Section, security gates shall be defined as any gate, door, or other barrier that limits or restricts public access to or from a property. This definition does not include any barrier securing a pool area, an individual garage, private patio, yard, or living area, or such storage room, recreation rooms, or similar areas not intended for general public access.

2. Proposed residential developments in the RM zones shall indicate during the site plan process prospective plans for future security gates and fencing installation.

3. Security gates shall conform to all other provisions of this Chapter, except where such provisions may conflict with the requirements of this Section.

B. Pedestrian Access. For any security gate that restricts pedestrian access to dwelling units of any multifamily residential development in the RM zones, an intercom, telephone, or remote access system shall be provided at the gate for each dwelling unit with restricted access.

C. Vehicular Access. For any security gate that restricts vehicular access onto any multifamily residential development in the RM zones, the following requirements shall apply;

1. All vehicular security gates shall be constructed of material that is not view-obscuring.

2. All vehicular security gates shall be automatically operated by remote control devices or key pad.

Furthermore, such vehicular gates shall not be permitted to swing out.

3. Pedestrian Access. A separate pedestrian walkway leading from the public sidewalk into a development shall be provided for any development with a security gate across a vehicular access driveway.

4. Gate Width. Vehicular entry gates shall open a minimum 20 feet to completely clear the minimum driveway width. Additional width may be required by the City for access or circulation purposes.

5. Gate Setback. a. For any development located on a street with a traffic count of 2,000 cars or fewer per day, a security gate across a vehicular driveway shall be set back from the street property line a minimum of 20 feet,
b. For any development located on a street with a traffic count of more than 2,000 cars per day, a security gate across a vehicular driveway shall be set back from the street property line a minimum of 40 feet.

6. Vehicular Turnaround. A turnaround area outside of the gate shall be required for any development of 2 or more units which is located on a street with a traffic count of more than 2,000 cars per day or for any development of more than 20-dwelling units.

7. Trash Pickup. A means of entry, to be approved by the City-franchised trash disposal service, shall be provided which automatically opens the vehicular gate(s) for trash pickup. Furthermore, all 3 cubic yard trash bins shall remain within City-approved trash storage facilities for removal by the franchise service at the location of the trash storage area.

D. Emergency Response Access. Prior to the issuance of any permits, fence plans with security gates shall be reviewed and approved by the Fire and Police Departments as to any required compliance with the following standards.

1. To facilitate access by Fire Department personnel, a key switch box, or other approved device, shall be provided for all pedestrian and vehicular security gates.

2. To facilitate access by City law enforcement officers, a key pad, or other approved device, shall be provided for all pedestrian and vehicular security gates. Furthermore, vehicular gates must provide egress for law enforcement vehicles.

Chapter 19.432 Development Standards—Landscaping

19.432.010 Where Required.

A. In all RM zones, permanent landscaping materials shall be integrated into the required setbacks, parking areas, and private frontages, except for areas within the required setback occupied by permitted encroachments.

B. A minimum of 20 percent of the total site shall be permanently maintained with landscaping. Stormwater retention areas may count towards the landscaping requirement. Required setbacks, corner landscaping, and paved pedestrian pathways shall not be counted toward this requirement.

C. All portions of the developed site that are not occupied by other permitted buildings, structures, or facilities, shall be permanently maintained with landscaping.

D. Except for single-family uses (one detached single-family dwelling on a lot), all portions of a developed site not occupied by other permitted facilities shall be permanently landscaped.

E. All landscape installation or rehabilitation shall meet the requirements of the City’s Water Efficient Landscape Ordinance to ensure that the design, installation, and maintenance of landscaping conserves water.

F. Parking Lot Landscaping Improvements.

1. Landscaped Buffers Along Streets. Except at driveway and walkway openings and as required for Vision Clearance, the required setback areas for parking areas of Section 19.436.080 shall be landscaped with one (1) or a combination of the following requirements:
a. Ornamental masonry wall or hedge, 2 feet high, at the perimeter of the parking area facing a street. b. Landscaped berm, 10 feet wide and 2 feet high.

2. Landscaped Buffers Along Alleys. Except for driveways and walkways, a minimum 4-foot landscaped planter shall be provided along all parking areas adjacent to an alley with no vehicular overhang permitted.

3. Interior Landscaping. All open parking areas (e.g. non-structured, non-garage) and the project perimeter shall be landscaped such that:
a. Planters with a total landscaped area equaling a minimum of 25 square feet per parking space shall be provided and distributed evenly throughout the open parking area including one (1) tree (minimum 36-inch box) for every eight (8) single- or double-loaded parking spaces. b. Trees with a total shaded area (e.g. the area under the tree canopy 15 years after installation) equaling a minimum of 50% of the square footage of the open parking area shall be provided and distributed throughout the open parking area.
c. Landscaped areas shall include a three-tiered planting system consisting of ground cover, shrubs and vines, and trees. The use of grass is strongly discouraged outside of active recreational areas. d. All portions of a parking area not improved for parking aisles, walkways, access ways or parking stalls shall be landscaped. Any portion of the parking area not landscaped shall be paved. At all boundaries between landscaped areas and paving, a 6-inch-high concrete curb shall be provided unless specifically excluded as part of the project’s Water Quality Management Plan (WQMP).

4. Landscape Buffer Abutting RS Zones. Any parking area in the RM zones abutting a RS zone shall be provided with a landscape buffer consisting of trees and some combination of shrubs, vines and ground cover consisting of a minimum 6-foot-high ornamental block wall and a minimum of 5-foot-wide planter along the abutting property line.

5. Landscape Buffer Adjacent to Residential Structures. Where a parking area, loading area, driveway, or other area provided for vehicular circulation faces a wall of a multifamily dwelling or group-quarters building with windows, doors, or similar openings on the first floor in such wall (other than openings which are only for utility access or emergency exit), a landscaped area at least 7 feet wide shall separate the vehicular area from the building. Such landscaped area may include walkways, uncovered porches, and exterior stairways, provided at least sixty percent of the total required buffer area is occupied by plant materials.

G. Drought-Tolerant Species. A minimum of 75 percent of non-turf landscaped areas shall be planted with native or drought-tolerant planting materials, as widely recognized within the horticultural industry or as recommended by a California-licensed Landscape Architect, to bring interest and beauty to the landscape, support biodiversity, and reduce the need for pesticides and excessive irrigation. Landscape selection shall be in compliance with the City’s Water Efficiency Landscape Ordinance.

H. Turf and Synthetic Turf. Turf areas shall be limited to activity or recreation areas and shall have a 10-foot minimum diameter. Synthetic turf may be used as a substitute for natural turf for the purposes of water conservation, or in high activity or foot-traffic areas.

I. Non-Plant Material. Crushed rock, mulch, pebbles, stones, and similar non-plant materials shall be allowed up to 20% of the total required landscaping.

J. Mulch. Landscaped areas shall be top-dressed with a bark chip mulch or an approved alternative to avoid exposed bare soil.

19.432.020 Plan Approval Required.

A. A landscape and irrigation plan for any newly established landscape area shall be submitted for zoning compliance review and approval.

B. The landscape and irrigation plan shall clearly identify the following criteria:

1. Property lines and property address.

2. Streets, driveways, walkways, recreational areas, and other paved areas.

3. Pools, water features, fences, and retaining walls.

4. Existing and proposed buildings and structures.

5. Landscaping materials, trees, shrubs, vines, ground cover, turf, and other vegetation. Planting symbols shall be clearly drawn and plants labeled by botanical name, common name, container size, spacing, water usage, and quantities of each group of plants indicated.

6. An approximate calculation of the total landscape area.

C. A landscape and irrigation plan with new landscaped areas of 500 square feet or more, or 2,500 square feet of rehabilitated landscape area shall be prepared and/or certified by a licensed landscape architect or contractor, certified irrigation designer, or other licensed or certified professional in a related field.

D. Minimum acceptable plant sizes shall be determined by policy of the Director and/or as conditions of approval for an administrative action pursuant to Division 1 but in no case shall:

1. Trees be less than 15-gallon size, with 25 percent of all trees on a project site planted at a minimum 24- inch box size.

2. Shrubs and vines be less than 5-gallon size, with a 15-gallon minimum size where required for screening.

The minimum planter width for shrubs is 3 feet.

3. Groundcover be less than 1-gallon size.

4. Street trees be planted less than one (1) tree per 25-35 linear feet of sidewalk length.

E. Landscape and irrigation plans shall be submitted prior to the issuance of permits for such work or prior to the issuance of any permits (i.e. building permits) for any associated work approved by an action of the Director.

19.432.030 Landscape and Maintenance.

A. All landscaping shall be permanently maintained in a clean, healthy, and attractive condition. This includes pruning, weeding, removal of litter, fertilizing, replacement of plants when necessary, and the appropriate watering of all landscaping.
a. Landscaping designs shall include one (1) or more of the following planting design concepts:
i. Specimen trees (48-inch box or more) in informal groupings or rows at major focal points. ii. Use of planting to create shadow and patterns against walls. iii. Use of planting to soften building lines and emphasize the positive features of the sit. iv. Use of flowering vines on walls, arbors, or trellises. v. Trees to create canopy and shade, especially in parking areas and passive open space areas. vi. Berms, plantings, and walls to screen parking lots, trash enclosures, storage areas, utility boxes, etc.
b. Plant materials shall be placed so that they do not interfere with the lighting of the premises or restrict access to emergency apparatus such as re hydrants or re alarm boxes. Trees or large shrubs shall not be planted under overhead lines or over underground utilities if their growth might interfere with such public utilities. Trees and large shrubs shall be placed as follows:
i. A minimum of 6 feet between the center of trees and the edge of a driveway, a water meter, gas meter, and sewer laterals.
ii. A minimum of 20 feet between the center of trees and the beginning of curb returns at intersections to keep trees out of the line-of-sight triangle at intersections. iii. A minimum of 15 feet between the center of trees and large shrubs to utility poles and streetlights.
iv. A minimum of 8 feet between the center of trees or large shrubs and re hydrants and re department sprinkler and standpipe connections.

B. Curbs Required. All landscape planters shall be separated from all parking and loading spaces, parking aisles, and driveways with a minimum 6-inch-high concrete curb. In addition, for any such landscape area adjacent to a public sidewalk, in which the grade of the planter is higher than the sidewalk and which is planted with ground cover other than a hydroseeded or sodded lawn, a minimum 6-inch-high concrete curb shall be provided alongside the public sidewalk to preclude soil erosion across such sidewalk.

19.432.040 Irrigation System and Maintenance.

A. All required landscaping shall be provided with a permanent underground irrigation system. The irrigation system shall consist of piped water lines terminating in an appropriate number of sprinklers or other outlets to insure complete coverage of water for plants within the landscaped areas.

B. Any permanent, underground irrigation system, whether required or not, shall comply with the following criteria:

1. Permits are required prior to installation of any permanent, underground irrigation system. a. Off-Site Work. Irrigation systems exclusively in City rights-of-way require permits issued by the Construction Services Division of Public Works. Any system within City rights-of-way shall meet the minimum requirements outlined under Engineering Standard No. ISP-1. b. On-Site Work. On-site and combination on-site and off-site installations shall comply with the water efficient landscape ordinance. Permit fees shall be in accordance with the applicable sections of the City Code.

2. Backflow Prevention Devices. All irrigation systems shall be protected by an approved type and size of backflow prevention devices, as required by the Public Works Department, to be painted green and screened by landscaping.

3. All sprinkler heads shall be adjusted and maintained to minimize overspray upon public access ways in order to reduce the undermining of surface areas and to reduce water waste.

4. Sprinkler heads and risers shall be protected from car bumpers. “Pop-up” heads shall be used near curbs and sidewalks. The landscape irrigation system shall be designed to prevent run-off and overspray.

5. Irrigation systems shall be maintained in good working order.

C. In addition to the requirements of subsection B of this section, any required permanent underground irrigation system for a development with 500 square feet or more in landscape area shall comply with the following criteria:

1. Each irrigation system shall be equipped with an automatic controller capable of operating valve stations to set days and length of time.

2. Each irrigation system shall be equipped with a rain sensing override device which automatically shuts off the irrigation system when it rains.

3. Whenever possible, landscape irrigation shall be scheduled between 2:00 a.m. and 10:00 a.m. to avoid irrigation during times of high wind or high temperature.

4. For larger developments, the following criteria may be required when considered appropriate under a department policy of either the Planning Division or Public Works Department. a. A soil moisture sensing device may be required where appropriate to measure soil moisture and maintain efficient irrigation schedules.
b. A separate landscape water meter may be required.

Chapter 19.436 Development Standards—Vehicular Provisions

19.436.010 Street Dedication and Improvement.

No building permit shall be issued until the following requirements are met:

A. All streets, alleys, and other public rights-of-way shown on plans approved by the City Council and which abut the subject property shall be dedicated to the planned right-of-way line or a deed of dedication deposited in escrow with an escrow agent acceptable to the City Attorney, the delivery of which is conditioned upon the required permit being granted.

B. All improvements of streets, alleys, and other public rights-of-way which abut the subject property and are required in order to conform to improvement standards approved by the City Council shall be installed, or a performance bond, in a reasonable amount to be determined by the City Engineer, with sureties to be approved by the City Attorney, shall be filed with the City Clerk, or cash in a like amount shall be deposited with the Finance Director to be placed in a trust fund.

19.436.020 Vehicular Provisions for Non-residential Uses.

With the exception of required yards and setbacks (see Chapter 19.420) and landscape buffer requirements of Section 19.436.080, the vehicular provisions of Chapter 19.536, Division 5 for commercial uses shall apply for any permitted non-residential use in the RM zones.

19.436.030 Vision Clearance.

A. Vision clearance areas shall be provided as follows:

1. On any corner lot: A triangular area at the street intersection measuring 15 feet along each street property line (or the projections thereof parallel to the centerlines of the streets) from the point of intersection of such property lines (or the projections thereof);

2. At the intersection of an alley with a street, or at the intersection of two (2) alleys, or at an angle point where the alignment of an alley changes by sixty degrees or more: a triangular area measuring 15 feet along each street or alley property line from the point of intersection of the property lines;

3. At any driveway entrance from or exit to a street: triangular areas on each side of the driveway measuring fifteen feet along the street property line and fifteen feet along the edge of the driveway from the point of intersection of the edge of the driveway with the street property line; Key:

B. Within a required vision clearance area there shall be no fence, tree, shrub, or other obstruction to sight between two feet and seven feet above the established street grade. Where the vision clearance area for an existing driveway falls on adjacent property, no additional obstruction in the two-foot to seven-foot height range shall be placed in the vision clearance area except a fence which meets the fence design criteria for vision clearance areas under Section 19.428.030. Where existing obstructions exist on adjacent property in the two-foot to seven-foot height range, any new driveway constructed on the subject property shall be located so as to not have any such obstructions in its vision clearance areas.

C. Permitted Encroachments. The following encroachments are permitted within the minimum required vision clearance area:

1. Utility-owned pole lines within approved easements.

2. Access walkways.

3. Fences, walls, hedges, and berms, subject to the design criteria under Section 19.428.030.

4. Landscaping, such as vines, shrubs, and/or ornamental grasses, not exceeding two (2) feet in height.

Landscaping height may be adjusted to four (4) feet in height provided that it does not act as a privacy screen by spacing less dense landscaping a minimum of five (5) feet apart.

19.436.040 Residential Driveway Standards.

A. In case of any conflict between the requirements of this section and any safety requirements pursuant to the Fire Code, the Fire Code requirements shall prevail.

B. Every garage, carport, parking area, or other off-street vehicular area shall be connected to one (1) or more public streets or alleys by one (1) or more driveways meeting the standards set forth in this section.

C. Driveway Width.

1. The width of any driveway shall be within the limits shown in Table 19.436.040, except for a single family dwelling (one dwelling unit on a lot) in the RM zones, the requirements for driveway width shall be governed by Section 19.336.030 of Division 3 for the RS-6 zone.

2. Where the driveway approach width at the street property line required by the City Engineer pursuant to Title 12 is different from the driveway width required by this section, a variable width transition segment outside the street right-of-way shall be provided to provide a smooth connection.

3. Permitted Encroachments. The following encroachments are permitted within the required minimum driveway width:
a. Projections from buildings, with the minimum required height clearance of subsection D of this section, such as;
i. Cantilevered eaves, awnings, and shading devices.
ii. Architectural features—sills, cornices, buttresses, etc. iii. Mechanical equipment cantilevered from building.
iv. Balconies, second floor overhangs, and porte cocheres. b. Utility-owned pole lines within approved easements.
c. Access walkways.
d. Security gate, subject to vision clearance requirements of Section 19.436.030 and the fence requirements of Chapter 19.428.

Table 19.436.040

DRIVEWAY WIDTHS
Zone
RM-10, RM-20: Minimum Driveway Width Maximum Driveway Width Not more than three
dwelling units on lot 12 feet (1) 25 feet
More than three dwelling
units on lot 20 feet 25 feet
(1) To preclude backing out onto a street, for any multifamily dwellings on property with access on a secondary or greater highway, as denoted in the Buena Park General Plan, the minimum driveway width shall be 20 feet.

D. Driveway Height Clearance. Within the required driveway width, there shall be no obstruction from the driveway surface to a height of eight feet. In addition, any portion of a driveway not covered by a building or porte-cochere shall be unobstructed to a height of fourteen (14) feet.

E. Driveway Curvature. The minimum turning radius for any curve in a driveway shall be 25 feet measured to the outside edge of the driveway. The minimum turning radius for parking aisles shall be 25 feet.

F. Driveway Circulation Pattern.

1. Driveways and on-site circulation shall be arranged so that vehicles are not required to back into a street, with the following exceptions;
a. Single family dwellings.
b. A lot with 3 or fewer units with vehicular access on a street designated as a secondary or lowervolume street/arterial as denoted in the Buena Park General Plan.

2. Any garage or carport with its vehicular entrance facing a street, where permitted under subsection F of this section, shall be in compliance with this Chapter in order to allow temporary parking in the driveway without obstructing any portion of a public right-of-way.

3. There shall be no direct entry from an alley to a parking space in order to preclude backing from a parking space into an alley in the RM zones.

4. In all residential zones, there shall be no circular driveway in a front yard area with two (2) driveway entrances from the same street unless the street frontage on such street is 120 feet or more.

5. Corner Lots. Corner lots shall include a minimum of one (1) driveway on each street frontage (primary street and secondary/side street).

G. Surface Parking.

1. Parking lots shall be placed to the side or rear of buildings. There shall be no vehicular parking between building fronts and the public right-of-way.

2. Parking lots shall be connected to all building entrances by means of internal pedestrian walkways.

Pedestrian walkways shall be a minimum of three (3) feet wide.

3. Access drives shall be at least 150 feet apart and at least 100 feet from street intersections, and 12 feet minimum from a property line unless an approved shared drive is provided or the driveway location does not create a traffic hazard to adjacent property.

4. Parking lot landscaping shall be located so as to discourage pedestrians from having to cross any landscaped areas to reach building entrances from parked cars.

5. Maximum number of driveways:
i. One driveway for lot frontage up to 150 feet.
ii. Two driveways for lot frontage 150 feet to 299 feet. iii. One driveway for each additional 300 feet.

H. Residential Garage. If garage parking is provided, the following standards shall apply:

1. Garage doors may occupy no more than 25 percent of a building’s street frontage and shall be recessed a minimum of 18 inches from a street-facing wall plane.

2. Street-facing garage doors serving individual units that are attached to the structure shall incorporate one (1) or more of the following so that the garage doors are visually subservient and complementary to other building elements:
i. Garage door windows or architectural detailing consistent with the primary dwelling. ii. Arbor or other similar projecting feature above the garage doors. Projecting features located above the garage door shall not project more than 2.5 feet into the required setback.

3. Each garage space shall be equipped with an automatic door opener and a roll-up sectional or similar garage door. On multifamily dwellings, a security gate on a multi-space garage is permitted pursuant to Section 19.428.060.

I. Interior Dimensions for Multi-Family Enclosed Garages.

1. A single-car garage shall be at least 10 feet in width and 20 feet in depth.

2. A standard double car garage shall be at least 20 feet in width and 20 feet in depth. For any interior utilities such as floor mounted water heaters, washer and dryer, and water softeners, etc. shall be located outside of the required parking space dimensions pursuant to Table 19.436.070.

3. For an attached private garage, the design shall include adequate space for waste/solid storage and a water heater unit.

J. Parking Structure and Loading.

1. Any driveway providing access to a parking structure shall have a minimum width of 25 feet.

2. Parked vehicles at each level in the structure shall be shielded from view of adjoining streets.

3. The exterior elevations of parking structures shall be designed to minimize the use of blank concrete facades. This can be accomplished through the use of textured concrete, planters or trellises, or other architectural treatments.

4. If a toll or fee booth is in the driveway area, the driveways on either side of the booth shall have a minimum width of 12 feet.

5. The maximum length of a parking aisle without being intersected by another parking aisle or driveway shall be 300 feet.

6. Minimum lighting requirement at entrances and exits is 50 foot-candles. Minimum lighting requirement of parking areas is 5 foot-candles.

7. The minimum distance of entry/exit from a corner intersection is 150 feet.

8. Illuminated signs with architectural features, such as an arch or canopy, shall be used at the entrance to emphasize the facility entry and attract patrons pursuant to Section 19.904.080.B.

K. Tandem Parking. Tandem parking may be permitted to satisfy the off-street parking requirement for a residential unit in accordance with the following:

1. No more than two vehicles shall be placed one behind the other.

2. Both spaces shall be assigned to a single dwelling unit.

3. The tandem parking spaces shall be a minimum 36 feet by 9 feet in interior dimensions.

4. Tandem parking to meet required parking for multiunit development shall not exceed 50 percent of the total provided number of spaces.

5. Tandem parking shall not be used to satisfy the parking requirement for guest parking.

6. The minimum vertical clearance shall be 8 feet.

L. Visitor Parking. Parking for visitors and/or employees shall be accommodated on site in garages or parking areas to minimize spillover to adjacent residential neighborhoods.

19.436.050 Parking Spaces Required.

A. In connection with the use of each lot, sufficient off-street parking space shall be provided to meet the demand created by all activities on the lot. The minimum requirements for residential uses shall be as shown in Table 19.436.050, entitled Parking Spaces Required. Additional requirements may be imposed, based upon substantiated estimates, as a condition of approval of a development under site plan review, conditional use permit, or other development approval procedure provided for in this Title. For uses or property for which no parking requirement is set forth in Table 19.436.050, nor previously determined under the interpretation procedure (Section 19.128.010), nor established under a development approval procedure, a parking requirement shall be determined for that type of use pursuant to the interpretation procedure set forth in Section 19.128.010.

B. Any fractional space requirement resulting from the calculation of required parking spaces shall be disregarded if less than 0.50 space and shall be counted as one required space if 0.50 or greater.

Table 19.436.050

PARKING SPACES REQUIRED
Use Parking Spaces Required
Residential uses:

Single family dwelling. 2 garage spaces (1)
(Subject to Chapters 19.316 and 19.336 of Division 3 for the RS-6 zone)
Condominium, Townhomes,
cooperative apartment, community
apartment
0-3 bedrooms = 2 garage spaces (plus 1 additional open space) 4 bedrooms = 2 garage spaces (plus 1.5 additional open spaces) When an on-site leasing office is included in the development, a minimum of three (3) parking spaces for prospective tenants shall be provided outside of any security gates or the security gate system shall provide for access to non-residents for leasing purposes. For all townhome/condominium developments, the allocation and management of restricted or assigned parking spaces shall be governed by Community Covenants and Restrictions (CC&Rs) which shall be reviewed and approved by the city to ensure compliance with local regulations.

Mobilehome park. 2 spaces (tandem parking permitted) plus 0.25 visitor space per unit.

Multifamily apartments:
in RM-10 Zone and RM-20
Zone.
0-1 bedrooms = 2 spaces (1 covered)
2 bedrooms =2.5 spaces (1 covered)
3+ bedrooms =3 spaces (1 covered)
When an on-site leasing office is included in the development, a minimum of three (3) parking spaces for prospective tenants shall be provided outside of any security gates or the security gate system shall provide for access to non-residents for leasing purposes.

Group quarters:

Rooming house, dormitory,
sorority
fraternity, etc.
1 space per sleeping room (plus 1 space per 100 sq. ft. of total net floor area in sleeping rooms which are in excess of 150 square feet in each such room) plus 2 spaces for any manager’s dwelling unit.

Religious group quarters. 0.5 space per sleeping room (plus 0.5 space per 100 sq. ft. of total net floor area in sleeping rooms which are in excess of 150 sq. ft. in each such room)
Community residential care:

Small group care home. 2 spaces (in garage) + 2 driveway spaces Other community residential
care facility.

To be determined under conditional use permit based on licensed capacity, type of care, and number of employees. If no conditional use permit is required, parking spaces shall follow standards for single-family dwellings.
(1) Any home constructed with five bedrooms or including at least 3,000 sq. ft. of living space shall maintain a minimum 600 square foot garage.

Non-Residential uses:
(For parking space requirements of non-residential uses, refer to Section 19.536.040 of Division 5.) * Assembly Bill 2097 (AB 2097) prohibits public agencies or cities from imposing a minimum automobile parking requirement on most development projects located within a half-mile radius of a major transit stop. However, Government Code §65863.2(b) provides that any public agency findings to impose parking minimums must be supported by a preponderance of evidence in the record, showing that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact, on any of the following:

1. The City’s ability to meet its share of the Regional Housing Needs Assessment (RHNA) for low and very low-income households.

2. The City’s ability to meet any special housing needs for the elderly or persons with disabilities, as identified in the City’s Housing Element.

3. Existing residential or commercial parking within one-half mile of the housing development project.

Consistent with the preponderance of evidence standard under Government Code Section 65863.2(b), a parking study must be provided by the public or other interested party as part of the evidence of a substantially negative parking impact for a given project.

19.436.060 Residential Parking Location.

A. Required residential parking shall be located on the same lot as the activities or uses served, except as follows:

1. Required parking may be located on a lot adjacent to the lot served subject to a recorded covenant as provided in subsection B of this section.

2. Any required parking provided by means of an off-street parking district is not subject to a specific location requirement.

B. Where required parking is not on the same lot as the activity or use served, a covenant running with the land shall be recorded by the owner of the parking lot guaranteeing to the City that the required parking will be maintained for the use or activity served.

19.436.070 Residential Parking Dimensions and Layout.

Table 19.436.070

PARKING LAYOUT STANDARDS
Type of Space
Stall Aisle Width (in feet)
Width in
feet
Length in
feet
One-Way Two-Way
30° 45° 60° 90° 30° 45° 60° 90°
Standard Car Parking:

Angle Parking: 9 18 15 19 20 20 20 20 20 25
Parallel Parking 8 22
Compact Car Parking
Angle Parking: 8 16 13 15 20 20 20 20 20 25
Parallel Parking 7 20
Tandem Car Parking (1) 9 36
(1) Tandem parking stalls are permitted in parking garages and private parking lots provided at least one (1) parking stall per dwelling unit and all stalls required for any guest parking shall be individually and easily accessible and at least one (1) standard stall per dwelling unit shall be provided.

A. Except as further provided in this section, the layout of residential parking areas shall meet the standards shown in Table 19.436.070.

B. Parking areas shall be located within the development and not along primary frontages, unless properly screened from view. An exception may be made for accessible parking and visitor parking.

C. Where internal street networks are provided, visitor parking shall be permitted as on-street parking on the internal street.

D. Parking areas shall be divided into parking courts separated by landscaping.

E. Where multi-family developments are located adjacent to any RS zone, parking for residents, visitors, and/or employees shall be accommodated onsite in garages, parking areas, or along internal streets to minimize spillover to adjacent residential neighborhoods. Parking and loading/unloading areas shall not create stacking/queuing issues at ingress/egress points.

F. There shall be a clear vehicular entry to every required parking space at least equal in width to the required width of the space, except that for spaces in residential garages or carports, the vehicular entry widths shall be at least equal to the minimum door or opening widths as required by Section 19.416.090.

G. Each parking space and aisle shall have a minimum clear height of at least six and one-half feet, except a storage bin may project not more than two and one-half feet into the front of a parking space with a clear height from the parking surface of at least four feet. For residential visitor parking spaces, at least twenty percent of the spaces provided together with their associated parking aisles shall have a clear height of at least seven feet.

H. Americans with Disabilities Act (ADA) parking spaces shall be provided in accordance with State standards.

I. Except for any parking area of 10 or more spaces other than residential garage spaces, not more than 30 percent of the required spaces may be for compact car parking.

J. The layout of parking spaces shall comply with the driveway circulation requirements of Section 19.436.040.

19.436.080 Residential Parking Improvements.

A. Except as otherwise specified in this Title, parking may be provided in parking lots, carports, garages, or other parking structures.

B. Drainage. All areas for the movement, parking, loading, repair, or storage of vehicles shall be graded and drained to dispose of surface water. In all cases except single-family residential uses, drainage shall be arranged to prevent surface flow across walkways and driveways.

C. Paving.

1. All areas for the movement and parking of vehicles shall be paved and maintained to eliminate dust and mud, to provide an even, unbroken driving surface, and to present a uniform appearance. This requirement shall not apply to:
a. Non-required parking spaces for single-family dwellings. b. That portion of a mobile home site beneath the mobile home.

2. For all residential uses, all driveway approaches, driveways, required parking areas, and floors of carports and garages shall be portland cement concrete with a minimum 4 inches thickness. Other similar paving material may be permitted by the Director for driveways and parking areas, provided it is determined to be equivalent in useful life, serviceability, and appearance.

D. Permitted Vehicle Overhang. In all angle parking stalls (including ninety-degree parking) facing the perimeter of an uncovered parking area, a six-inch high poured-in-place concrete curb shall be provided, located three feet inside the front boundary of the stalls, with the area between the curb and the front boundary of the stall to be landscaped.