Chapter 19.748 — Special Requirements for Certain Uses

Refer to Section 19.348.010 for specific regulations on Accessory Dwelling Units and Junior Accessory Dwelling Units in mixed-use zones. (Ord. 1754, 6/24/2025)

Refer to Chapter 19.1004 Temporary Uses and Special Permits. Community events in mixed-use zones are required to obtain a temporary use permit subject to the provisions provided in Chapter 19.1004 .

(Ord. 1754, 6/24/2025)

Standards for live/work units and artists' lofts/studios, including the adaptive reuse of existing nonresidential buildings to accommodate work-live uses, are as follows:

• A. Limitations on Use. The non-residential component of a live/work development shall be a use allowed within any applicable zone by Section 19.712.010 , subject to the following additional limitations:

  1. Prohibited Uses. A live/work unit shall not be allowed to include any of the following activities:

     • a. Auto Repair - General, Auto Repair including paint or body work, Auto Maintenance - Minor, or any similar use.

     • b. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use.

     • c. Any other activity or use, as determined by the responsible review authority to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit residents due to the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products, or wastes.

  2. Changes in Use. After approval, a live/work unit shall not be converted to entirely residential use. The covenants, conditions, and restrictions of any live/work project or unit in any Mixed-Use zone shall include the requirement that the live/work use shall not be converted to exclusive residential use.

  3. Fire Department Review. The Fire Department shall review all live/work applications and have the authority to make recommendations regarding permitted nonresidential uses based on fire code and general public health and safety recommendations.

• B. Design Standards.

  1. Floor Area Requirement. A live/work unit shall have a minimum floor area of at least 750 square feet. The maximum size of the residential portion of the live/work unit shall be no more than 40 percent of the unit to ensure that the residential portion remains accessory to the primary commercial use. All floor area other than that reserved for living space shall be reserved and regularly used for working space.

  2. Separation and Access of Individual Units. Each live/work unit shall be separated from other units and other uses in the building. Access to each unit shall be provided via storefronts or from common access areas, corridors, or halls. The access to each unit shall be clearly separate from other live/work units or other uses within the building. Living space shall be located in the rear ground level or second floor and above to maintain activity and commercial access along the frontage.

  3. Facilities to Accommodate Commercial Activities. A live/work unit shall be designed to accommodate nonresidential uses as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively nonresidential facilities used for the same work activity.

4. Integration of Living and Working Space. Areas within a live/work unit that are designated as living space shall be an integral part of the work-live unit and not separated (or occupied and/or rented separately) from the work space, except that mezzanines and lofts may be used as living space subject to compliance with the other provisions of this Division, and living and working space may be separated by interior courtyards or similar private space.

   5. Mixed Occupancy Buildings. If a building contains mixed occupancies of live/work units and other nonresidential uses, occupancies other than live/work shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the live/work units and other occupancies, as determined by the Buena Park Fire Chief or designee.

   6. Parking. Each live/work unit shall meet off-street parking requirements as provided in Chapter 19.736 .

• C. Operating Requirements.

  1. Occupancy. A live/work unit shall be occupied and used only by the operator of the business within the unit, or a household of which at least one (1) member shall be the business operator.

  2. Business License Required. At least one (1) of the residents of a live/work unit shall be required to have a business license with the City of Buena Park.

  3. Sale or Rental of Portions of Unit. No portion of a live/work unit may be separately rented or sold as a commercial space for any person not living in the premises or as a residential space for any person not working in the same unit.

  4. Notice to Occupants. The owner or manager of any building containing live/work units shall provide written notice to all occupants and users that the surrounding area may be subject to levels of noise, dust, fumes, or other effects associated with commercial uses at higher levels than would be expected in strictly residential areas. State and federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial properties in the applicable zone.

  5. Non-Resident Employees. Up to two (2) persons who do not reside in the live/work unit may work in the unit unless this employment is prohibited or limited by the conditional use permit. The employment of three (3) or more persons who do not reside in the live/work unit may be permitted subject to conditional use permit approval, based on additional findings that the employment will not adversely affect traffic and parking conditions in the site vicinity. The employment of any persons who do not reside in the live/work unit shall comply with all applicable Building Code, Occupational Safety and Health Administration (OSHA), and other state and federal regulations.

• (Ord. 1754, 6/24/2025)

• A. Incidental Use Only. With the exception of permitted use outdoor dining areas as provided for in subsection F, below, outdoor dining areas must be incidental and accessory to the permitted eating establishment/restaurant.

• B. Design. Outdoor dining areas shall be open on at least three (3) sides and open to the sky, with the exception that non-fixed umbrellas and awnings and canopies that accent the building are permitted. Side panels or any other accessories that enclose the outdoor dining area are prohibited.

• C. Location.

  1. The seating area shall not encroach into any required rear or side setback, parking and/or vehicular circulation area, required landscape areas, required paths of travel, or public rights-of-way.

  2. Within any Mixed-Use zone, outdoor dining areas may be permitted within the required front setback area, consistent with the requirements of this Division.

  3. The outdoor dining area must be located immediately adjacent to, abutting, and adjoining the establishment with which it is associated, and shall not extend beyond the building and/or storefront frontage and/or length of the tenant space of the associated primary establishment.

• D. Maximum Allowable Square Footage. Outdoor dining shall not exceed 1,000 square feet for any individual establishment.

• E. Delineation of Area. Any outdoor dining area serving a single business shall maintain a clearly marked perimeter and shall be separated from vehicular pathways and public sidewalks with low walls and/or landscape hedges a minimum of 2.5 feet in depth or 3.5 feet in height. Establishments that include the service or sale of alcoholic beverages are subject to additional requirements provided in Section 19.552.030 .

• (Ord. 1754, 6/24/2025)

Refer to Section 19.448.060 for specific regulations on Home Occupations in mixed-use zones, which apply exclusively to non-live/work units. (Ord. 1754, 6/24/2025)

Refer to Section 19.348.050 for specific regulations on animal keeping in mixed-use zones. (Ord. 1754, 6/24/2025)

Refer to Chapter 19.552 (Special Requirements for Certain Uses) on specific regulations for commercial uses.

(Ord. 1754, 6/24/2025)

Refer to Section 19.448.090 on specific regulations for emergency shelters in mixed-use zones. (Ord. 1754, 6/24/2025)