Chapter 19.420 — Development Standards—Yards and Open Space

The following minimum setback requirements apply to residential development within the RM-10 and RM-20 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.

(Ord. 1754, 6/24/2025)

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.

     • a. Pole lines within approved easements.

     • b. 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 hours), trash areas, other permitted outdoor storage screened from public view.

  5. Pools.

     • a. Swimming pools, therapeutic pools, with a minimum 5-foot setback from the side and rear property lines.

     • b. 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.

• a. 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.

  - b. 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 .

• (Ord. 1754, 6/24/2025)

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, dust-free surfacing. The slope of open space areas shall not exceed 10%.

Note: Off-street parking and loading areas, driveways, and service areas shall not be counted as usable open space.

(Ord. 1754, 6/24/2025)

• 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 graffitiresistant 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. Multi-family 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. (Ord. 1754, 6/24/2025)

• 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.

• (Ord. 1754, 6/24/2025)

• 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.

• (Ord. 1754, 6/24/2025)

• 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.

(Ord. 1754, 6/24/2025)

• 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.

• (Ord. 1754, 6/24/2025)

• 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.

• (Ord. 1754, 6/24/2025)

• 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-ofway 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 rightsof-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.

(Ord. 1754, 6/24/2025)

• 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. "Rightof-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 Section 18.24.190 of the Municipal Code.

  4. Bicycle Trail. As required by Section 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.

• (Ord. 1754, 6/24/2025)