Chapter 19.720 — Development Standards—Yards and Open Space

The following minimum setback requirements apply to mixed-use zones as provided below.

(Ord. 1754, 6/24/2025)

The following encroachments are permitted within each of the minimum required setbacks, unless stated otherwise herein.

• A. Residential Encroachments.

  1. Eaves, roof projections, awnings, and similar architectural features may project into required yards a maximum distance of three (3) feet, provided such appendages are

supported only at, or behind, the building setback line.

2. Chimneys, bay windows, fire escapes, exterior stairs and landings, and similar architectural features may project into required yards a maximum distance of two (2) feet, provided such features shall be at least three (3) feet from a property line.

3. Balconies may project into required yards, private alleys, and access drive aisles, provided such features shall be at least three (3) feet from a property line and minimum ten (10) feet vertical clearance is provided.

4. Decks, platforms, uncovered porches, and landing places that do not exceed a height of 3 feet above grade may project into any front or corner side yard a maximum distance of six (6) feet and project into any rear or interior side yard up to five (5) feet from the property line.

5. Minor Structures and Equipment. Minor accessory structures with less than 120 square feet of floor area, and not exceeding eight (8) feet in height, may be located within any interior side or rear setback area, but not within any front or corner side yard setback area except where screened from public view. Examples include, but are not limited to, storage sheds, trash enclosures, doghouses, play equipment, and playhouses.

6. Pool accessories, including, but not limited to, slides, grottos and pool equipment shall not be located within five (5) feet of the side or rear property line.

• B. Nonresidential Encroachments.

  1. Eaves, roof projections, awnings, and similar architectural features when located at least eight (8) feet above grade may project into required yards a maximum distance of three (3) feet, provided that such features shall be at least five (5) feet from a property line.

2. Fireplace, chimneys, bay windows, balconies, fire escapes, exterior stairs and landings, and similar features, may project into the required yard a maximum distance of two (2) feet, provided that such features shall not occupy more than 25 square feet of each required yard and shall be at least five (5) feet from a property line.

(Ord. 1754, 6/24/2025)

All developments within the mixed-use zones shall meet the minimum open space requirements.

Notes:

floor area of commercial space. This requirement shall not apply to mixed-use development 10,000 square feet or less.

(2) 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.

• 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 shall have a minimum width and depth of 10 feet.

• B. In projects with 10 or more units, where the required common area is less than 3,000 square feet, the common outdoor space shall be concentrated in one area. The common recreation area shall be at least 25 feet in width.

• C. Where the required common area is 3,000 square feet or more, the space may be divided among multiple areas, provided that at least one common 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. Residential units shall be within a 1/4 mile (1,320 feet) walking distance of common open space.

• E. Pedestrian walkways shall connect the common open space to a public right-of-way or building entrance.

• F. Common open space areas shall not be directly adjacent to arterial streets, service areas, or commercial development to ensure that they are sheltered from the noise and traffic of streets and incompatible uses. If located adjacent to an arterial street, service area or commercial development, a minimum of 10-foot-wide, dense landscaping shall be provided as screening.

• G. An area of usable common open space shall not exceed an average grade of 10%. The area may include landscaping, walks, recreational facilities, and small decorative objects such as artwork and fountains.

• H. All common open spaces shall include seating area(s) and lights. Site furniture shall use graffitiresistant materials and/or coatings.

• I. Multifamily developments exceeding 150 units shall have at least two common open space areas and shall incorporate activities for different age groups (e.g., tot lot and Barbeque area).

• J. Rooftop structures such as gazebos, and trellises are permissible and shall not be included within the total building height calculation if they do not cover more than 20% of the roof area and are no more than 12 feet in height measured from the base of the structure.

• (Ord. 1754, 6/24/2025)

• A. The required front yard area shall not be counted toward the common usable open space requirement.

• B. Except for 100% deed restricted senior housing, projects shall include at least one children's play area with a minimum size of 150 square feet.

• C. Developments that include 30 or more dwelling units shall include at least one play area for children (unless age restricted to senior citizens or the development is located 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.

  5. Be accessible from all on-site dwellings by pedestrian paths and separated from vehicular areas, unless otherwise approved by the Planning, Building, and Public Works Director.

  6. A play area for children under age five shall be provided within direct visibility of common spaces.

• D. One common recreational amenity shall be provided for every 30 units. 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, basketball, racquetball court or pickle-ball court.

  4. Weightlifting facility/indoor fitness center at a minimum of 800 square feet. Indoor fitness centers 2,000 square feet or greater (counts as two).

  5. Outdoor fitness stations with at least three (3) fitness stations either grouped together or provided along a trail or walkway with a minimum of 50 yards distance between each fitness station.

  6. Children's playground at a minimum of 600 square feet.

  7. Sauna or jacuzzi.

  8. Day care facility (counts as two).

  9. Picnic areas/stations with tables and chairs or BBQ grills with picnic stations.

  10. Outdoor chess/checkers boards.

  11. Community garden with a maximum of 20,000 square feet and a perimeter fence at least four (4) feet in height.

  12. Plaza at a minimum 2,000 square feet with a street located on at least one (1) side of the Plaza and shall provide a minimum of 10% of landscaping.

  13. Other recreational amenities deemed adequate by the Community and Economic Development Director.

• (Ord. 1754, 6/24/2025)

• A. Private open space located on the ground level (e.g., yards, decks, patios) shall have a horizontal dimension of not less than 10 feet in any direction. Private open space located above ground level (e.g., porches, balconies) shall have a minimum depth of not less than 6 feet and a total area of not less than 50 sq. ft.

• B. Private usable open space shall be accessible to only one (1) dwelling unit by a doorway or doorways to a habitable room or hallway of the unit.

• C. Above ground-level space shall have at least one (1) exterior side open and unobstructed for at least 8 feet above floor level, except for incidental railings or balustrades.

• D. Ground level private open spaces shall be contiguous to the units they serve and screened to a minimum height of 4 feet by use of plant materials, solid walls, or building surface.

• (Ord. 1754, 6/24/2025)

• A. Any rooftop uses intended for active or passive recreation shall require a site plan review, permits, and inspections for occupants and structural safety based on how the building roof is to be used. However, passive recreational uses, such as seating areas or simple walkways, may be permitted without a site plan review, provided they do not involve permanent structures or significant modifications.

  1. The rooftop deck shall be located on the third or higher story.

  2. The rooftop deck shall be accessible to all residents of dwelling units on the parcel, but not to commercial tenants of a residential mixed-use development.

  3. Minimum dimensions of a rooftop deck are 15 feet in any direction.

  4. 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.

  5. 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.

  6. Rooftop equipment if visible from a public right-of-way, shall be screened by a parapet or enclosure.

  7. Rooftops not meant to be usable for recreational purposes are exempt from the landscaping requirement but must still be treated to minimize aesthetic impacts when visible from off-site locations. Where rooftops are visible from off-site, they should be treated to minimize aesthetic impacts.

• (Ord. 1754, 6/24/2025)

• A. A clear pedestrian walkway with a minimum 6-foot width 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. Pedestrian connections shall be incorporated to connect between residential and commercial elements within the same project.

• C. Walkways shall not be sited directly against a building facade but buffered with a minimum 3- foot-wide landscaped planting area to provide privacy of nearby residences or private open space.

• D. A sidewalk shall be provided on at least one side of all internal streets providing a safe pedestrian connection.

• E. All development types shall provide internal pedestrian connections throughout the project site. Internal pedestrian connections is a system of pedestrian walkways that connects to all buildings on a site, to on-site and street parking areas, on-site open space areas, and pedestrian amenities.

• F. Where pedestrian circulation crosses vehicular routes, a change in grade materials, textures, or colors shall be provided to emphasize the conflict point and improve its visibility and safety.

• G. Pedestrian linkages to nearby neighborhoods, schools, parks, commercial projects, and parking areas shall be provided.

• (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 MU 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 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.

• 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-ofway 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.

  1. General.

     • a. Commercial uses and development standards are subject to the provisions of Division 5 of Title 19 of the BPMC, unless stated otherwise herein.

     • b. Projects developed within the Mixed-Use Zones shall comply with the most recent Orange County Fire Authority Guidelines for access, water and Architectural Guidelines.

  2. Project Design.

• a. Grading, storm drain, street, sewer, water, and erosion control plans shall be prepared by a Registered Engineer, at a minimum scale of 1" = 40', and on 24" by 36" sheets. Any proposed improvements shall be designed and constructed per City Standards. Any existing improvements in the public right-of-way, adjacent to project parcel frontage, that are not in compliance with the Americans with Disabilities Act (ADA) shall be removed and reconstructed or added to meet the ADA requirements and must comply with City Standards.

  • (i) Projects within the flood zone of the Federal Emergency Management Agency shall be developed per Division II of Title 18 of the City Code.

  • (ii) Street dedications including corner cutoff dedications to the City for the project frontage will be required per the Master Street Plan.

  • (iii) Existing overhead utilities and poles along the project frontage shall be undergrounded or an in-lieu fee may be paid per the City's latest fee schedule. All new utilities to the project site shall be undergrounded.

  • (iv) New streetlights along the project frontage shall be required every 150-feet unless already existing. Streetlights mounted on wooden poles shall be replaced with marblelite poles.

  • (v) Trees and ground cover with an irrigation system shall be required within the parkway landscaping area along the project frontage. The species of tree to be planted will be determined by the City of Buena Park's Urban Forest Management Plan. The property owner shall be responsible for the maintenance of this landscaping area per Chapter 19.1112.070 of the Buena Park Municipal Code.

  • (vi) Driveway approaches, sidewalks, curb, and gutter along the project frontage that are lifted, fractured or failing shall be removed and replaced per City standards.

  • (vii) All vehicular access to the site shall be provided in locations approved by the Traffic Division. An emergency access within the project parcel shall be approved by the Orange County Fire Authority and an approved copy of the plan shall be submitted to the Engineering Division with the submittal of the grading plan.

  • (viii) Traffic Impact fees shall be in accordance with City Resolution 9726 and the latest City Fee Schedule. Sewer, water, and stormwater impact fees shall be per the latest City Fee Schedule.

  • (ix) A site distance analysis, prepared by a registered engineer, shall be submitted for approval for any structures that are substantial is size, such as monument signs, that are proposed adjacent to existing or proposed driveway.

  • (x) Provide an engineering study for any proposed sewer and water connections to the City system. The study shall be prepared by a registered civil engineer for approval by the City Engineer. Any infrastructure upgrades necessary to meet the fire code or the domestic water capacity shall be mitigated by the developer. Easements shall be dedicated as needed to accommodate a new public water or sewer system. The proposed utility connections shall be made to the City water and sewer systems in accordance with the City Code, standards and applicable Federal, State and County regulations.

Any infrastructure upgrades necessary to meet the fire code or the domestic water capacity shall be mitigated by the developer. Easements shall be dedicated as needed to accommodate a new public water or sewer system. The proposed utility connections shall be made to the City water and sewer systems in accordance with the City Code, standards and applicable Federal, State and County regulations.

• (xi) A double check detector assembly is required for domestic and fire service connections, and a reduced pressure principle device (RPPD) is required for irrigation service connection per City standards, and devices shall be supplied and installed by contractor. Contractors shall supply and install City approved water meters in the public right-of-way.

• (xii) A hydrology and/or hydraulics study, prepared by a registered engineer, shall be submitted for approval when drainage is altered and/or there is a net increase of the stormwater for the proposed project. The storm drain system shall be designed and constructed for a minimum of a 25-year flood per the County of Orange standards. It shall be privately owned and maintained.

• (xiii) Easement shall be granted to the City when public water and sewer systems are installed within private land.

• (xiv) All existing public facilities in conflict with new improvements shall be relocated at no cost to the City. The property owner shall dedicate or cause to be dedicated all easements needed to accommodate the relocation, modification or installation of facilities to be maintained by the City or any public utility company.

• b. Tract maps and parcel maps shall be prepared in accordance with the State Subdivision Map Act and Division I of Title 18 of the City Code. All improvements required to be completed by the applicant shall be in accordance with the City standards and specifications. All maps shall be concurrently reviewed by the City and the Orange County Survey Department. The applicant shall forward all plan check comments received from the Orange County Survey Department to the City for each plan check.

3. Permit Issuance.

• a. All fees, deposits, and bonds associated with improvements required by the Public Works Department shall be paid prior to the issuance of permits for construction. The fee amounts are specified in the City Fee Schedule.

• b. Before exercising any right or performing any obligation pursuant to any permit issued by the Public Works Department, the developer/contractor shall obtain a City Business License and submit required insurance certificates.

• c. A Transportation Hauling permit shall be obtained to operate or move a vehicle or combination of vehicles or special mobile equipment of a size or weight of vehicle or load exceeding the maximums specified in the California Vehicle Code (CVC) and the Caltrans Transportation Permit Manual.

• d. Prior to issuance of a grading permit, applicant shall record an approved WQMP that includes the Master Covenant & Agreement and an Operational Maintenance Plan with the Orange County Recorder's office. Two hard copies of the WQMP in 3-ring binders shall be provided to the City.

• e. Prior to final release of the project by the Public Works Department, or the refund of any cash deposits, the developer/contractor shall provide the City with a warranty bond to be held by the City for a period of one (1) year, for all public facilities and improvements.

• f. Prior to the grant of occupancy by the City or commencement for the approved use, all improvements required by the Public Works Department shall be completed.

4. Construction.

• a. A traffic control plan, prepared by a registered engineer, shall be submitted for approval for all utility connections, street improvements, and any other work performed in the public right-of-way that require a lane closure. A traffic control plan, prepared by a registered engineer, shall also be submitted for work on private property that results in lane closures.

• b. When more than one trench cut is made to install utility lines, then the street shall be either slurry sealed or grind and capped with AC to the nearest lane line of a trench cut

from property line to property line. The method of replacing the pavement in kind or better shall be decided based on existing pavement condition.

• c. An Engineered Grading and Utility Certification shall be certified by the project engineer. Each phase of construction, fill and soil compaction, rough grading including pad elevations, final grading, utilities, and Water Quality Management Plan shall be certified by the project engineer and submitted to the City.

• d. Applicant shall abandon any existing private water wells per the City and Orange County Health Department requirements.

• e. Prior to issuance of occupancy, applicant shall demonstrate all structural BMPs have been constructed in conformance with the approved WQMP.

• f. Any work on State Highway, Beach Boulevard from the I-5 Freeway to north City limit, shall require a Caltrans permit.

• g. The applicant/contractor shall be responsible for protecting all existing horizontal and vertical survey controls. Any survey controls disturbed during construction shall be reset per Orange County Surveyor Standards after construction.

• h. All trash collection services needed during construction or after project completion shall be obtained from the City's authorized provider.

• (Ord. 1754, 6/24/2025)