Sec. 44-136. - Purpose.

This division provides regulations applicable to development and land uses in the nonresidential zoning districts established by Section 44-39. The purposes of the individual nonresidential zoning districts and the manner in which they are applied are provided Section 44-137.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-137. - Purpose of nonresidential zoning districts.

(a)

OP, Office Professional. The OP zoning district provides for single- or multi-tenant offices and may include limited supporting uses for onsite employees. Office developments may range from low-rise structures situated in a landscaped garden arrangement to mid-rise structures at appropriate locations. Typical uses include professional offices for legal, design, and engineering services, medical offices/health care centers, corporate headquarters, and general offices for insurance, real estate, and financial services. Supporting convenience services may be permitted to serve the needs of onsite employees or visitors/patients.

(b)

NC, Neighborhood Commercial. The NC zoning district provides localized commercial retail and service activities for surrounding neighborhoods. Typical uses include food markets, drug stores, clothing stores, sporting goods, cleaners, banks, offices, private schools and child care centers, hardware stores, other retail and personal service uses, mixed uses (residential/commercial), and community facilities. Neighborhood commercial projects should be compatible in design and scale with adjacent residential areas.

(c)

B-1, Mixed-Use Business. The B-1 zoning district provides for a compatible and complementary mixture of employment, commercial, and residential uses. Typical uses include business and professional offices, high-rise hotels, restaurants, retail and general service commercial uses, limited research and development operations, commercial recreation, and mixed-use residential development. Development in the Mixed-Use Business District should offer attractive and distinctive architectural design, integrated site layouts, substantial landscaping enhancements, and convenient pedestrian access between uses. For mixed-use residential development, the B-1 zoning district shall have a minimum residential density of 15 dwelling units per net acre and a maximum density of 48 dwelling units per net acre, and a minimum nonresidential floor area ratio of zero to one and a maximum nonresidential floor area ratio of one to five.

(d)

GI, General Industrial. The GI zoning district provides for a range of industrial uses including manufacturing, assembly, distribution, research and development facilities, science laboratories, warehousing, distribution, and utility buildings/facilities. Uses may include ancillary office and commercial activities. Commercial

developments such as home improvement stores and wholesale and retail commercial activities may be conditionally approved in compliance with Article V, Division 5.

(e)

PI, Public/Institutional. The PI zoning district is intended for a range of public and private uses including schools, government offices, police and fire stations, public utilities, flood control channels, utility easements, libraries, museums, hospitals, congregate care facilities, religious institutions, temporary emergency shelters, transitional shelters, and cultural facilities. Public or institutional uses may be permitted in other land use designations under the procedures of Article V, Division 5.

(f)

OS, Open Space/Recreation. The OS zoning district encompasses parkland and utility easements developed for recreational use. Only accessory buildings or those structures related to parks and recreation facilities are intended for open-space lands. This designation may also accommodate certain commercial outdoor recreation uses as a conditional use in compliance with Article V, Division 5.

(g)

PND, Planned Neighborhood Development. The Planned Neighborhood Development (PND) is intended to encourage commercial infill, redevelopment, and rehabilitation opportunities by allowing innovative land design and diversification in the relationship of various uses, buildings, structures, lot consolidation, parking, and landscaping while ensuring substantial compliance with the general plan and the intent of this chapter. In addition, the PND zoning district provides adequate standards necessary to protect and promote the public health, safety, and general welfare of the City.

(1)

Purpose and intent. The purpose of the PND zoning district is to promote economic viability and sensitivity to design contexts and individual neighborhood character crucial to the success of any commercial infill or redevelopment project. It is recognized that an integrated development provides an opportunity for creative design when flexible yet defined regulations are applied. The PND zoning district regulations are established in order to:

a.

Encourage and accommodate quality restaurant and retail development, in a unified project, through creative and imaginative planning solutions;

b.

Ensure a more efficient use of space, increased project amenities, and compatibility with the surrounding neighborhoods and existing development;

c.

Encourage the use of modern land planning and design techniques to create attractive, vibrant commercial developments integrating a mixture of different types of site uses;

d.

Support revenue generating commercial uses that add needed services with economic, social, and aesthetic benefits to the City and its residents without causing the City to incur costs for municipal services that exceed the tax revenues attributable from such uses;

e.

Achieve the coordinated planning and orderly development and redevelopment of different contiguous parcels to achieve a comprehensive planning and project effort and outcome, such as the consolidation of adjacent parcels or building sites for maximum flexibility in design and use; and

f.

Encourage public art as a community resource and establish incentives, programs and objectives for incorporating public art into private commercial development projects.

(2)

Development objectives. The following objectives serve as a blueprint for all development projects within the PND zoning district and during the approval process. The City Council may require additional studies it determines necessary or appropriate to consider project design and impacts. It may also require additional standards, regulations, limitations and/or restrictions to facilitate and encourage project designs that satisfy the goals in subsection (g)(1). Development objectives are intended to produce the desired uses and the quality of site development that will bring new economic development opportunities into the City that will benefit City residents and not adversely impact the provision of City services. Objectives include, but are not limited to, the following:

a.

To attract retail and restaurant uses that will promote economic and efficient use of land and unified development;

b.

To permit the creation of functional and interesting commercial developments that do not adversely impact the City's ability to maintain its existing level of municipal services;

c.

To promote building site planning that takes into consideration the context of the development, the location of nearby uses and, whenever possible, to cluster buildings with one another and/or with those on an adjacent property; and

d.

To incorporate into the project unique and/or creative solutions specific to each site, project, and use in relation to the following requirements:

Height limitations or any bulk requirements on buildings and structures, lot and yard requirements, distances between buildings;

2.

Percent coverage of land by buildings and structures;

3.

Parking ratios and areas expressed in relation to use of various portions of the property and/or building floor area;

4.

The location, width, and improvement of vehicular and pedestrian access to various portions of the property including portions within abutting streets;

5.

Landscaped buffer areas to include fences, walls, and lighting of an approved design;

6.

Limitations upon the size, design, number, lighting, and location of signs and advertising structures;

7.

Arrangement and spacing of buildings and structures to provide appropriate open spaces around same;

8.

Location and size of off-street loading areas and docks;

9.

Uses of buildings and structures by general classifications, and specific designation when there are unusual requirements for parking; or when use involves noise, dust, odor, fumes, smoke, vibrations, glare, or radiation incompatible with present or potential development of surrounding property;

10.

Quality architectural design of buildings and structures; and

11.

Public art.

(h)

FO, Freeway Overlay District. The FO designation is intended as an overlay zone for certain areas of nonresidential land uses adjacent to the SR 91 freeway that provide special information display opportunities

and require a tailored approach to planning and design. The designation is intended to allow for information dissemination from freestanding display structures along the SR 91. The types of mediums that are suitable in the Freeway Overlay District include freestanding display structures with static information displays or electronic/digital information displays which are tailored to certain specific development and site design standards.

(i)

(IO), Industrial Overlay. The Industrial Overlay (IO) is intended to provide for areas where industrial uses are appropriate to provide for diverse commerce and employment in the City, while protecting adjacent and nearby commercial and residential uses from the potential impacts associated with industrial operations.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 14, 5-3-2016; Ord. No. 2024-04, § 4, 12-10-2024)

Sec. 44-138. - Precise plan required.

(a)

Approval required. A precise plan shall be required for all residential development except for single-family dwellings on previously subdivided lots, and for all nonresidential developments exceeding 2,000 square feet of total floor area.

(b)

Amendment to precise plan. All development on properties previously developed under an adopted precise plan shall require approval of an amendment to the precise plan by the Community Development Director. If the Community Development Director determines that the requested amendment is significant enough to require discretionary review, then the amendment shall be referred to the original decision-making authority.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 15, 5-3-2016; Ord. No. 2024-04, § 4, 12-10-2024) Sec. 44-139. - Allowable uses.

(a)

Table. The following table indicates those uses that are permitted as of right (P), allowed subject to the approval of a conditional use permit (C), allowed as an accessory use (A), allowed with the approval of a temporary use permit (T), special permit (S), or adult oriented business permit (D), or prohibited (X). No uses shall be allowed which are not in compliance with all City, State, and federal laws and regulations.

TABLE II-5. ALLOWABLE USES AND PLANNING PERMIT REQUIREMENTS FOR NONRESIDENTIAL ZONING DISTRICTS

1 Subject to use satisfying the conditions set forth in sections 44-137(g)(1)d., (g)(2)b. and 44-788(4).

(b)

Uses not listed in table. Land uses that are not listed in table II-5 as allowed or prohibited may be permitted if:

(1)

The Community Development Director determines that the use is consistent with the purpose and intent of the applicable district as set forth in section 44-137; and

(2)

A conditional use permit is approved in compliance with article V, division 5, and the use is in compliance with all City, State, and federal laws and regulations.

(c)

Two or more uses on one site. Two or more uses may be established on one building site if neither are prohibited under this section and all development standards are met as specified in section 44-140. However, the Community Development Director may require the processing of a conditional use permit if two or more principal uses are proposed that may cause, together or separately, adverse impacts on each other or on surrounding land uses. Impacts may include noise, vibration, odor, light, glare, or visual impacts.

(d)

Industrial uses in industrial overlay. The industrial overlay applies only to properties designated on the zoning map and shall only apply as an overlay to the B-1 zoning district. Notwithstanding the use regulations in this section 44-139, the following uses shall be permitted to locate and/or continue as a legal use in the industrial overlay district:

(1)

Bottling plants.

(2)

Indoor manufacture and assembly of components or finished products from materials such as cloth, fiber, fur, glass, leather, stone, paper (except milling), plastics, metal, and wood.

(3)

Sign manufacturing.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-02, § 7, 1-19-2016; Ord. No. 2018-01, § 4, 2-6-2018; Ord. No. 2018-02, § 5, 5-15-2018; Ord. No. 2022-02, § 1, 6-7-2022; Ord. No. 2022-04, § 1, 7-5-2022; Ord. No. 2022-05, § 5, 8-2-2022; Ord. No. 2023-02, § 6, 2-7-2023; Ord. No. 2024-04, § 4, 12-10-2024)

Sec. 44-140. - Emergency shelters, transitional and supportive housing.

(a)

Prior to the issuance of a certificate of occupancy and business license for an emergency shelter, submittal of a written agreement between the City and the operator of the shelter is required addressing all of the following conditions:

(1)

Emergency shelters shall be permitted solely within the General Industrial District areas shown on the City zoning map.

(2)

A single emergency shelter housing up to a maximum ten beds or persons to be served per night, or a combination of multiple shelters with a combined capacity not to exceed ten beds or persons per night, shall be a permitted use on any parcel within the General Industrial (GI) District. Religious institutions located within the GI District may establish onsite emergency shelters for up to ten beds or persons per night without the need to amend an existing precise plan and/or conditional use permit or apply for a new conditional use permit, regardless of current combined capacity with any existing emergency shelters currently in operation, subject to the minimum development standards contain within this section.

(3)

The emergency shelter shall operate on a first-come, first-served basis with clients only permitted on site and admitted to the shelter between 6:00 p.m. and 8:00 a.m. during Pacific Daylight Time, and 5:00 p.m. and 8:00 a.m. during Pacific Standard Time. Clients must vacate the emergency shelter by 8:00 a.m. and have no guaranteed bed for the next night.

(4)

The maximum stay of a given person at the emergency shelter shall not exceed a total of 180 days (cumulative, even if not consecutive) within a 365-day period.

(5)

In no event shall an emergency shelter be established within 300 feet of an existing emergency shelter, as measured from the property line.

(6)

Exterior lighting shall be provided for the entire outdoor and parking area of the emergency shelter property per subsections 26-101(6) and 44-362(e).

(7)

Size and location of on-site waiting areas and client intake areas. An on-site waiting area shall be provided and clearly identified for all clients. The on-site waiting area shall be no larger than ten square feet for every one bed provided at the emergency shelter. Said waiting area shall be in a location that is not adjacent to the public right-of-way. The client intake area shall be located directly adjacent to the on-site waiting area.

(8)

All emergency shelter improvements shall comply with this chapter, and the most current adopted building and safety code, specific to the establishment of dormitories.

(9)

A security and safety plan shall be provided to the City for review and approval in conjunction with any application for a business license for an emergency shelter. The plan may be required to address additional security and safety needs as identified by the City Manager or his or her designee. The approved security and safety plan shall remain active throughout the life of the emergency shelter. The plan shall contain, at minimum, provisions addressing the following topical areas:

a.

Sleeping areas. The separation of male/female sleeping areas, as well as any family areas within the shelter.

b.

Loitering control. Specific off-site controls to minimize the congregation of clients in the vicinity of the shelter and in adjacent neighborhoods during hours that clients are not allowed on site.

c.

Management of outdoor areas. A system for daily admittance and discharge procedures and monitoring of waiting areas, with the goal of minimizing disruption to nearby land uses.

d.

Alcohol and illegal drugs. How the operator will control and regulate alcohol and illegal drug use by clients on the premises.

e.

Contact information. The emergency shelter operators shall provide the City with the most current daytime office business hour contact information for the operator of the shelter, as well as the nighttime contact information for the "persons on duty" when the emergency shelter is open to clients.

f.

Communication and outreach. A plan for the emergency shelter to maintain good communication and response to operational issues which may arise from whatever source.

g.

The operators shall ensure proper compliance with all applicable federal, State and local laws pertaining to client residency and occupancy.

(10)

At least one manager shall be on site during all hours of operation of the emergency shelter. Such manager must be an individual who does not utilize the shelter's beds or other services and who resides off site. The manager must be accompanied by one supporting staff member for every five beds, or fraction thereof, in the facility. Such staff members must be individuals who do not utilize the shelter's beds or other services and who reside off site.

(11)

The emergency shelter shall provide off-street parking at the ratio of one space per five beds and/or onehalf spaces per bedroom designed as a family unit with children, plus one space per employee or volunteer staff member on duty. Alternatively, the emergency shelter may submit a parking study, subject to approval by the City, demonstrating that the parking demand associated with the emergency shelter justifies requiring a reduced amount of off-street parking. Each shelter shall also provide a bike rack in a secured area on the premises.

(12)

Public health and safety requirements.

a.

Health permit. An emergency shelter operating without any food services shall be required to comply with applicable Orange County Health Care Agency standards and regulations and secure any necessary permits prior to issuance of a certificate of occupancy and a business license. Any emergency shelter that contains a kitchen, but that does not provide food services, shall comply with all applicable Orange County Health Department standards and regulations; however, such kitchen shall not be remodeled into a commercial kitchen.

b.

Fire and safety. Sleeping sections or rooms shall be equipped with a smoke detector, a hand-held fire extinguisher, and an evacuation plan, subject to review by the Orange County Fire Authority (OCFA). The City may require the installation of a sprinkler system or other appropriate safety measures if recommended by the OCFA.

c.

Sanitation. The emergency shelter shall provide a minimum of one toilet and one shower per gender for every five beds, and a minimum of one private shower and toilet facility for each area designated for use by individual families.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2018-01, § 5, 2-6-2018)

Sec. 44-141. - Nonresidential zoning districts general development standards.

(a)

New land uses and structures, and alterations to existing land uses and structures, shall be designated, constructed, and/or established in compliance with the requirements in Table II-6, in addition to the other applicable development standards (e.g., landscaping, parking and loading, etc.) in article III (Standards Applicable in all Zoning Districts).

TABLE II-6. DEVELOPMENT STANDARDS FOR NONRESIDENTIAL AND MIXED (RESIDENTIAL AND NONRESIDENTIAL) USES IN NONRESIDENTIAL ZONING DISTRICTS

1 Minimum building setbacks shall be increased one-foot for every foot in height above 35 feet except for setbacks from interior property lines.

2 FAR means the gross floor area of all buildings on a site (excluding parking levels, elevator shafts, or structures) divided by the building site area. FAR shall be inclusive of both residential and nonresidential uses.

3 Perimeter landscaping shall consist of landscaped area (plus necessary driveways and walkways) located within the building setback. The remaining building setback area may contain parking and other facilities. In addition to the above perimeter landscaping, interior landscaping shall be provided as a percentage of the net project area as follows:

Parking area: min. three percent;

Non-parking areas: min. three percent.

4 When the proposed land use abuts property zoned for residential use (R-1 and R-3), the maximum structure height is limited to 30 feet and maximum number of stories is limited to two stories.

5 Building mounted communications facilities shall not extend more than 15 feet above the roofline of the building.

• As provided in the required precise plan for each project.

5 When the proposed land use abuts property zoned for residential use (R-1 and R-3), the maximum number of stories is limited to two and maximum structure height is limited to the figures in Table II-6.

6 Front setback requirements in PND districts are reduced to zero when identified building standards are met.

7 Building mounted communications facilities shall not extend more than 15 feet above the roofline of the building. Cellular facilities in PND districts must be incorporated into a building structure.

8 Development FAR of three-quarters for all B-1 properties located South of the 91 freeway and a FAR of one and one-half for all B-1 properties located North of the 91 freeway. An increase in the standard FAR for B-1 properties located south of the 91 freeway may be permitted subject to approval of a precise plan, provided that the maximum FAR shall not exceed one and one-half.

(b)

New residential land uses and structures, and alterations to existing residential land uses and structures, shall be designated, constructed, and/or established in compliance with the requirements in Table II-7, in addition to the other applicable development standards (e.g., landscaping, parking and loading, etc.) set forth in Article III (Standards Applicable in all Zoning Districts).

1 Minimum building setbacks shall be increased one-foot for every foot in height above 35 feet, except for setbacks from interior property lines.

2 FAR shall be inclusive of any residential component.

3 Perimeter landscaping shall consist of landscaped area (plus necessary driveways and walkways) located within the building setback. The remaining building setback area may contain parking and other facilities. In addition to the above perimeter landscaping, interior landscaping shall be provided as a percentage of the net project area as follows:

Parking area: min. three percent;

Non-parking areas: min. three percent.

4 For all B-1 properties located south of the 91 freeway, a standard FAR of three-fourths shall be required and maximum FAR of one and one-half may be permitted, subject to approval of a precise plan.

(c)

Whenever a change of use or occupancy occurs on a building constructed prior to 1973 in the GI zoning district, the building must be renovated to meet current seismic safety standards before the new tenant occupies the building or prior to obtaining a certificated of occupancy.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2024-04, § 4, 12-10-2024)

Sec. 44-142. - Community benefits requirement for mixed-use development in the B-1 zoning district.

A mixed-use development consisting of housing units in combination with office, commercial retail, public, or entertainment land uses in a single of [or] physically integrated structure or group or structures shall not be permitted in the B-1 zone unless the development fulfills the community benefits requirement, as determined by the Review Authority. The community benefits requirement requires any application for a proposed mixed-use development with residential housing units in the B-1 zone to incorporate at least two community benefits, from a minimum of two different categories, from the (1)—(4) list itemized below. Community benefits project features within categories (2)—(3), and (4) as applicable, shall remain open for use by the public.

(1)

Trip reduction and traffic management.

a.

Bicycle facilities. These facilities can include, but are not limited to: bike storage facilities such as bike lockers, bike racks, or bike stands, or permanent bicycle repair stations. All such facilities shall be provided in proportion to the number of dwelling units in the development and shall be available to residents at no charge.

b.

Car sharing. This shall require the designation of a specific number of parking spaces within the project area for car-share vehicles. The number of car-share spaces shall be determined by the Review Authority based on the size and density of the development, and in compliance with existing City parking requirements.

(2)

Open space improvements.

a.

Quality pedestrian, biking, and green connections. This includes, but is not limited to, lane designations and signage to create and/or improve connections to existing and planned bike lanes and infrastructure within and adjacent to the project site.

b.

Community gathering and green open spaces. This includes, but is not limited to, public or quasi-public plazas, courtyards, community gardens, or open landscaped areas.

c.

Recreational open space. This includes, but is not limited to, parks, playing fields or courts, or outdoor fitness zones.

(3)

Social and cultural facilities.

a.

Arts and cultural facilities. This includes uses such as public art and/or gallery or live performance space within the development, open to members of the general public.

b.

Child care, senior, or youth facilities. This includes childcare facilities, youth centers, senior citizens centers, or similar services located on the premises as part of, or adjacent to, the project.

(4)

Other benefit(s). Other benefits not included in the list shall be considered by and decided upon at the discretion of the Review Authority. To apply this category to meet the community benefits requirement, an applicant shall provide a narrative, with comprehensive site plans as appropriate, explaining the proposed feature and how it will benefit the larger City community. Compliance with this requirement shall be evaluated by the responsible review authority in the review process.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2018-01, § 6, 2-6-2018; Ord. No. 2024-04, § 4, 12-10-2024)

Editor's note— Ord. No. 2024-04, § 4, adopted Dec., 10, 2024, amended the title of Sec. 44-142 to read as herein set out. The former Sec. 44-142 title pertained to community benefits requirement for stand alone housing development in the B-1 zoning district.

Sec. 44-143. - Architectural design standards for development in the B-1 zoning district.

(a)

Architectural articulation. Buildings within the B-1 zoning district shall be designed to minimize the appearance of massing and provide for articulation and high-quality design. Buildings shall incorporate the features set forth below in a manner consistent with the style of the building(s).

(1)

Façade plane modulation. Exterior walls that vary in depth and/or direction, exhibiting offsets, recesses, or projections with depth of at least 18 inches, or a repeated pattern of offsets, recesses, or projections of smaller depth.

(2)

Feature projections and recesses. Projecting eaves and overhangs, balconies, porches, canopies, trellis features, arcades, and window recesses that provide human scale and help break up building mass.

(3)

Variety in height and roof forms. Varied building heights that result in a noticeable change in height or changes in pitch, plane, and/or orientation.

(4)

Façade detail. Details such as cornices, window trim, changes in material, and other architectural elements that provide architectural interest.

(b)

Four-sided architecture.

(1)

All façades of a building that front onto or are visible from public or private streets, State Route 91, or from publically accessible open space, shall be designed to maintain an attractive appearance similar to the front of the building.

(2)

Building façades that face onto internal surface parking areas or adjacent properties shall have architectural features that have the same quality and similar treatments as the front façades with regard to roof design, architectural detail, recessed wall lines, and landscaping.

(3)

For new construction, excluding additions to existing buildings, no street frontage wall may run in a continuous plane for more than 20 feet without an opening. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep. Exceptions are subject to approval by the Responsible Review Authority.

(4)

For new construction, excluding additions to existing buildings, street-facing façades of all buildings shall incorporate windows and openings providing light to adjacent spaces, rooms, and uses. Placement and orientation of doorways, windows, and landscape elements shall create direct relationships with the street.

(c)

Ground level floors shall be developed to create provide visual interest for pedestrians through elements such as, but not limited to:

(1)

Outdoor gathering areas.

(2)

Retail display windows/cases.

(3)

Service-oriented activities visible through window glazing.

(d)

Ground-related pedestrian entrances shall occur at least once every 100 feet, as measured along the front of the property line. Ground-related entrances include entrances to ground-floor uses, lobbies, or private courtyards.

(e)

Buildings that do not feature glazed windows towards the sidewalk shall have the corresponding wall treated with decorative architectural finishes such as murals, plant materials, display cases, or art that increases visual character.

(f)

Materials.

(1)

All building materials shall be selected with quality, durability, and environmental conservation in mind.

(2)

Buildings or structures on separate parcels or part of a multi-building complex shall be designed, sited, and massed in a manner that is sensitive and compatible with existing improvements through the relationship of building style, texture, color, materials, form, scale, proportion, and location.

(3)

Regional materials are encouraged be used where possible and practical in order to minimize transportation costs and benefit the local economy.

(4)

Recycled materials are encouraged to be used where possible and practical.

(g)

Parking.

(1)

Structured parking shall be fronted or wrapped with habitable uses where possible.

(2)

Where a parking structure is visible from a public street, it shall be vertically landscaped or otherwise augmented, such as with vines and/or public art, to soften the façade.

(3)

Parking garages shall be designed so the visual impact of parking structures on the pedestrian experience and streetscape is minimized.

(4)

Expanses of blank wall space are prohibited.

(5)

Façades on parking structures shall be designed to be compatible in character and quality to the adjoining buildings, plazas, and streetscapes.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-144—44-163. - Reserved.

DIVISION 5. - NONRESIDENTIAL SUPPLEMENTAL DEVELOPMENT STANDARDS Subdivision I. - In General

Sec. 44-164. - Amusement arcades, amusement devices, internet cafes, and computer rentals.

(a)

Amusement devices accessory to an allowed use.

(1)

Two amusement devices or computers for rental by the hour shall be allowed as an accessory use to an otherwise allowed use within the City without the issuance of a conditional use permit.

(2)

Up to eight amusement devices or computers for rental by the hour may be allowed as an accessory use to an otherwise permitted use upon the issuance of a conditional use permit subject to the provisions of this section.

(b)

Standards of operation.

(1)

Persons under 18 years of age. No person under 18 years of age shall be permitted to operate any amusement device hereunder between the hours of 8:00 a.m. and 3:00 p.m. Monday through Friday during the regular school year, except during legal school holidays, unless accompanied by a person over 18 years of age.

(2)

Bicycle racks. Establishments that contain three or more amusement devices shall provide bicycle racks for the use of its patrons.

(3)

Hours of operation. Amusement arcades and internet cafes, shall not be open between the hours of 10:00 p.m. and 10:00 a.m.

(4)

Location. Amusement arcades and internet cafes shall not be located closer than 1,000 feet from another amusement arcade.

(5)

Adult attendant. There shall be a minimum of one adult employee on site at all times for every ten amusement devices or computers for rental by the hour.

(6)

No obstruction of doors/windows. There shall be no obstruction of the view into the facility through windows and glass doors, including heavy tinting, blinds, or shades.

(c)

Limitation on conditional use permits. If deemed appropriate, the conditional use permit shall be reviewed after an initial term not to exceed six months. In addition, the approving body for the use permit may, in its discretion, undertake an annual review of the operations to ensure compliance with the use permit. If it is determined that the use permit may have been operated in violation of the conditions of approval or the provisions of this section, or if the use permit is the subject of complaints from adjacent property owners or businesses, the Community Development Director may initiate proceedings to revoke or modify the permit in compliance with Section 44-853.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-165. - Automobile service stations.

(a)

Distance. The distance between automobile service stations on the same side of the street shall be not less than 400 feet, except at intersections of major, primary, or secondary highways.

(b)

Site area. The minimum site area shall be 150 feet by 150 feet and shall have a minimum of a 150-foot frontage on a major, primary, or secondary highway.

(c)

Operations outside of structures. Operations outside of permanent structures shall be limited to the dispensing of fuel and the provision of water, air, and supplies for windshield cleaning. No outside display, work, or outdoor sales of merchandise shall be allowed.

(d)

Orientation of service bays. Entries to service bays shall not face the public right-of-way.

(e)

Landscaping. In addition to general landscaping provisions contained in Article III, Division 3, not less than ten percent of the area of the site shall be permanently landscaped, planted, and maintained in a healthy condition.

(f)

Walls abutting residential district. A solid masonry wall not less than eight feet in height shall be constructed where an automobile service station abuts a residential zoning district or use. The wall shall be reduced to three feet in height within any required setback area adjacent to a street.

(g)

Repairs. Only minor repairs to vehicles shall be allowed at service stations. No major repairs shall be permitted.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-166. - Community events.

(a)

Permit required. No community event shall be permitted to operate within the City unless the event holder obtains a community event permit, as well as any other permits or license required by law. Procedures for obtaining a community event permit are established in 44-948.

(b)

Regulations. Applicants for permits under this section shall comply with each of the following minimum requirements:

(1)

If any City personnel (e.g., police or community services) is recommended to be used for the community event, the applicant shall pay in advance the estimated costs and reimburse any extra costs for all City personnel necessary. The costs will be based on the City personnel's salary from the current year's budget. The City will reimburse the applicant the amount of the prepaid fees that were not spent through the provision of City services to the community event.

(2)

No dangerous animals may be permitted at any community event.

(3)

There shall be no consumption of alcoholic beverages at any outdoor community event.

(4)

Any facilities for the dispensing of food and beverages shall be inspected by the Orange County Health Department.

(5)

The applicant must obtain a temporary sign permit from the Community Development Department for any banners or balloons displayed at the community event pursuant to Section 44-394.

(6)

The applicant must obtain a temporary structure permit from the Community Development Department before the construction of any temporary structures.

(7)

No applicant shall be issued more than four community event permits in a calendar year.

(8)

The applicant shall, prior to the issuance of the community event permit, submit to the special permit committee a certificate showing that there is in full force and effect liability and property damage insurance, written on an occurrence basis, covering every activity of the proposed community event in a minimum amount to be determined at the time of application.

(9)

Prior to the issuance of a community event permit, the applicant shall provide the City with an executed hold-harmless agreement on a form provided by the special permit committee, which shall substantially state that the applicant agrees to indemnify, defend, and hold harmless the City and its officers, employees and agents and free from any liability, penalty, expense or loss of any nature, including but not limited to liability for damage or injury to any persons or property arising out of the willful or negligent acts, errors, or omissions of the applicant, its employees, agents, representatives, or subcontractors in the performance of any tasks or services conducted for or in connection with the event. The hold-harmless agreement shall in no way limit or affect the valid exercise of constitutionally protected speech and expression by the

to any persons or property arising out of the willful or negligent acts, errors, or omissions of the applicant, its employees, agents, representatives, or subcontractors in the performance of any tasks or services conducted for or in connection with the event. The hold-harmless agreement shall in no way limit or affect the valid exercise of constitutionally protected speech and expression by the

applicant or members of the event. Good cause shall include, but not be limited to, a determination that the application of this section would violate the constitutional rights of any individual.

(c)

Regulations if on public property. If a community event takes place on public property, including a public park, public sidewalk or public street, the applicant shall submit an agreement on a form provided by the City and signed by the applicant, stating that, within 48 hours of the conclusion of the community event, the applicant will clean and restore the public property upon which the community event is to occur to its original condition. A cash deposit or a surety bond of $1,000.00, payable to the City, shall secure such agreement. The security deposit shall be refundable on compliance with the provisions and requirements of this article, including the removal of trash and debris, temporary signs, temporary circulation improvements, temporary fencing and accessory facilities and structures. In the event the applicant fails to comply with the terms of this section and remove all temporary facilities and structures or clean the site in a manner satisfactory to the special permit committee within 48 hours of the conclusion of the community event, the City may do so. The reasonable costs thereof shall be charged against the applicant's cash deposit or bond.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-167. - Dances.

(a)

Permit required.

(1)

Public dances. No public dance establishment shall be permitted to operate, engage in, conduct, or carry on business within the City unless the owner of the business first obtains a conditional use permit and a business license from the City as well as any other permits or licenses required by law.

(2)

Temporary public dances. No temporary public dance shall be permitted to operate, engage in, conduct, or carry on business within the City unless the owner of the business first obtains a special event permit as well as any other permits or licenses required by law.

(3)

Exemptions. Civic dances and dancing clubs shall not be subject to the provisions of this section.

(b)

Hours of operation. No person shall operate or conduct any activity for which a permit is required under this section between the hours of 1:30 a.m. and 10:00 a.m.

(c)

Illumination. All premises for which a permit is required by this section shall, during the activity for which a permit is required, be illuminated sufficiently so that there shall be average illumination of at least 50 footcandles at a height of 30 inches above the floor of such premises. All parking areas serving such premises which are owned or operated by any person for whom a permit is required by this section shall be well lighted and supervised.

(d)

Dance floor space. No premises for which a permit is required under this section may have less than the following prescribed area, exclusive of hallway space, set aside and reserved exclusively for dancing:

(1)

Three hundred square feet of dance floor, where the seating capacity of the establishment is not more than 50 persons.

(2)

Four hundred square feet of dance floor, where the seating capacity of the establishment is not more than 75 persons.

(3)

Five hundred square feet of dance floor, where the seating capacity of the establishment is in excess of 75 persons.

(e)

Age of persons on premises. No person under the age of 21 years shall be permitted in or upon any premises for which a permit is required under this section where alcoholic beverages are sold, offered for sale, or consumed. No person under the age of 18 years shall be permitted in or upon any premises for which a permit is required under this section unless accompanied by a parent or guardian. Any person of whom a permit is required by this section shall be held responsible for determining whether any person is disqualified by age from being permitted in or upon such premises.

(f)

Solicitation of alcoholic beverages. No person of whom a permit is required by this section, nor any agent or employee of such person, shall solicit alcoholic beverages from any other person on any premises to which such permit applies.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-168. - Self-storage.

(a)

Uses. Use of self-storage facilities shall be limited to storage only. No other activities other than the replacement or retrieval of personal goods shall be allowed within the units or within the compound. No

business activity other than the rental of storage units and sale of related items (i.e., boxes, packing material, package tape, etc.) shall be conducted on the premises.

(b)

Site area and access. The site shall have a minimum area of not less than one and one-half acres or more than five acres, with frontage access to a dedicated street.

(c)

Setbacks. Enclosed structures, fencing, storage, or parking areas shall be set back according to Table II-8.

(d)

Building heights. Enclosed structures shall be a maximum of 35 feet in height and a maximum of three stories.

(e)

Limited storage of certain items.

(1)

Rental units shall not be used to store hazardous or toxic materials as defined by the California Department of Health in quantities or in concentrations greater than those normally found in the living portion of a residential dwelling.

(2)

Rental units shall not be used to store materials that detonate or pose an unreasonable fire hazard upon decomposition, unstable organic compounds, or corrosive acids.

(3)

Recreational vehicles, trucks, automobiles, boats, motorcycles, snowmobiles, lawn mowers, and other equipment with internal combustion engines and combustible fuel contained in the fuel tank shall be stored only in rental units with a one-hour fire rating.

(f)

Within enclosed units. Storage of merchandise, vehicles, trailers, or other materials is permitted only within the units and shall not be allowed outside enclosed units.

(g)

Hours of operation. Self-storage facilities shall limit the hours of operation to between 6:00 a.m. to 11:00 p.m.

(h)

Size of units. Individual rental units shall not exceed 400 square feet in area.

(i)

Access and circulation.

(1)

An access road a minimum of 40 feet in width shall be provided for entry and exiting.

(2)

Each interior drive aisle shall be continuous with no dead ends and shall be a minimum of 40 feet in width, providing temporary loading lanes ten feet in width along the storage units or perimeter block wall or fence, and a reserved fire access lane of 20 feet in width down the center. This is in addition to any landscape requirement.

(3)

Lane striping and pavement signs shall be provided to maintain continuous access for emergency vehicles.

(j)

Off-street parking. Parking shall be provided in compliance with Article III, Division 4.

(k)

Walls. The premises shall be completely enclosed using a combination of structures, fences, and/or walls. The walls shall be masonry construction not less than eight feet in height as measured from the property line at the highest grade. Sites within 300 feet of property zoned for residential use shall provide structures (i.e., masonry block walls or similar) on the outside perimeter of the development a minimum of ten feet in height to protect residences from noise, nighttime glare, and visual activity.

==> picture [360 x 105] intentionally omitted <==

(l)

Landscaping.

(1)

Landscaping shall be provided in compliance with the approved landscape plan and adhere to the landscaping requirements in this chapter.

(2)

Self-storage sites within 300 feet of a residential zoning district or use shall provide one 36-inch box tree and six 25-gallon trees for every 1,000 square feet of setback area.

(m)

Architectural character. Self-storage facilities within 300 feet of a residential zoning district or use shall be designed to resemble a residential housing project in architectural character, landscaping, lighting, signage, color, and materials.

(n)

Lighting. A lighting system of sufficient intensity to discourage vandalism and theft shall be provided during nighttime hours. All lights shall be shielded to direct light away from adjacent properties.

(o)

Security. Self-storage facilities shall be operated under continuous supervision and/or surveillance to help discourage vandalism and theft.

(1)

For the purposes of this section, the term "supervision" shall be defined as a facility with a resident caretaker. Housing accommodations for the resident caretaker shall have a clear view of the entrance and storage buildings. The housing unit shall contain a minimum of two bedrooms, two full bathrooms, and 1,150 square feet of area.

(2)

For the purposes of this section, the term "surveillance" shall be defined as a facility utilizing a 24-hour security camera system to be monitored at all times by onsite personnel. The security camera system shall provide recorded videos of the entire perimeter of the property, around each structure, and within any

public areas of structures such as interior hallways, elevators, and stairwells. Security tapes shall be kept onsite for a minimum of one month before being taped over or destroyed.

(p)

Lease approval and right of entry. Self-storage operators shall submit a copy of the proposed lease documents to the City for approval. The lease documents shall clearly disclose the City's conditions of operation and the restrictions of uses. The lease documents shall contain provisions giving the self-storage operator the right to inspect the unit for the presence of hazardous, toxic, unstable, and explosive materials and to otherwise determine whether the lessee is complying with the terms and conditions of the lease. The provisions shall permit the self-storage operator to be accompanied by representatives of the City's Community Development Department, Community Services Department, and/or the Orange County Fire Authority during the inspections.

(Ord. No. 2015-01, § 3, 5-5-2015)