Sec. 44-233. - Records of treatment.

Every person operating a massage establishment under a permit as herein provided shall keep a record of the date and hour of each treatment, the name and address of the patron, the type of treatment administered and the name of the person administering such treatment. Such record shall be maintained for a period of two years from the date services are rendered, and shall be open to inspection by officials charged with the enforcement of these provisions for the purposes of law enforcement and for no other purposes. The information furnished or secured as a result of any such inspection shall be confidential to the extent permitted by law. Any unauthorized disclosure or use of such information by any officer or employee of the City shall constitute a misdemeanor and such officer or employee shall be subject to penalties provided by law.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-234. - Name of business.

No person licensed to do business as herein provided shall operate under any name or conduct business under any designation not specified in the person's massage certificate.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-235. - Inspection.

The Police Chief or his or her agent, the Community Development Director, Fire Marshal, and/or the Orange County Health Care Agency or its successor agency may from time to time conduct unannounced inspections of a massage establishment, in accordance with applicable laws, for the purpose of confirming that the provisions of this subdivision are met, and may furnish a copy of the inspection report to any appropriate governmental agencies.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-236—44-259. - Reserved.

ARTICLE III. - STANDARDS APPLICABLE IN ALL ZONING DISTRICTS DIVISION 1. - GENERALLY

Sec. 44-260. - Street numbers and identifying data.

Street numbers and other identifying data shall be displayed according to the provisions of Section 44-277, Address numerals, and as follows:

(1)

Every dwelling unit shall display illuminated street address numerals during hours of darkness.

(2)

There shall be positioned at each entrance of each multifamily housing complex an illuminated diagrammatic representation of the complex which shows the location of the viewer and the unit designations within the complex. In addition, each individual unit within the complex shall display a prominent identification number which is easily visible to approaching vehicular and/or pedestrian traffic.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-261. - Dish antennas, amateur radio communication facilities, and citizen band (CB) radio antennas.

This section provides standards for the location and installation of amateur radio communication antennas/facilities, citizen band radio antennas, and dish antenna, which shall be located, constructed, installed, and maintained in the following manner:

(1)

In all zoning districts, all antenna types shall comply with the following:

a.

Antennas shall be designed, installed, and maintained in compliance with Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC) standards.

b.

Antennas shall not be located within required front or side yard setback areas or closer than five feet from the rear property line.

c.

No portion of an antenna shall extend beyond the property lines of the subject parcel.

d.

Antennas and supporting structures shall be a neutral, non-glossy, non-reflective color (i.e., earth-tones, black, gray) and be located in the most inconspicuous location possible to receive and transmit signals.

e.

Electrical and antenna wiring shall be placed underground.

f.

Any antenna that requires a footing shall be required to have a building permit issued by the Community Development Director.

g.

Antennas shall be maintained in proper working order and any graffiti shall be removed within 24 hours from the time it is reported.

h.

No commercial advertising material shall be allowed on any antenna, except for requisite safety text and other labeling required by law.

i.

Approval by the City shall not be deemed as approval by a homeowners' association pursuant to any covenants, conditions, and restrictions (CC&Rs).

j.

Antenna poles and towers installed prior to the effective date of the ordinance from which this section is derived shall be deemed to be legally nonconforming.

(2)

In all zoning districts, all amateur radio and citizen band (CB) single pole and tower communication facilities shall comply with the following:

a.

Maximum height of any pole or tower antenna is 15 feet above the highest point of the roof of the main or primary structure located on the same parcel.

b.

Antenna poles and towers greater than 25 feet in height above the average finished grade of the subject site, when fully extended, shall require the approval of a conditional use permit.

c.

Retractable poles and towers shall be fully retracted when not in use.

d.

All antenna poles and towers shall be the self-supporting type, with no supporting guy wires.

e.

No portion of any antenna pole or tower shall be allowed within required setback areas.

f.

Any equipment on the base of an antenna pole or tower shall be screened subject to the approval of the Community Development Director.

g.

Anti-climb devices shall be installed at the base of the antenna tower if required by the Community Development Director.

(3)

Dish antenna. In addition to the conditions in subsection (1), the following conditions shall apply:

a.

In residential zoning districts, dish antennas:

1.

Shall not project or overhang into areas where they are prohibited (i.e., setback areas).

2.

With masts higher than 12 feet above the roofline, shall require a building permit issued by the Community Development Director.

3.

Shall be screened from public view so long as antenna placement does not prevent reception of an acceptable quality signal or impose unreasonable expense or delay.

4.

Shall only be used for private, noncommercial, purposes unless the use is directly related to a business for which the property owner has obtained a home occupation license pursuant to Chapter 22, Article III.

5.

Larger than one meter (39.37 inches) in diameter, shall be subject to the following additional standards:

(i)

Shall be located only within the rear yard of the parcel, at least five feet from the rear or side lot lines and at least 15 feet from any street side property line.

(ii)

Shall require a building permit issued by the Community Development Director.

b.

In nonresidential zoning districts, dish antennas:

1.

Shall not project or overhang into areas where they are prohibited (i.e., setback areas).

2.

With masts higher than 12 feet above the roofline, shall require a building permit issued by the Community Development Director.

3.

Shall be screened from public view so long as antenna placement does not prevent reception of an acceptable quality signal or impose unreasonable expense or delay.

4.

Larger than one meter (39.37 inches) in diameter, shall be subject to the following additional standards:

(i)

Shall be located only within the rear yard of the parcel, at least five feet from the rear or side lot lines and at least 15 feet from any street side property line.

(ii)

Shall require a building permit issued by the Community Development Director.

(Ord. No. 2015-01, § 3, 5-5-2015)

State Law reference— City authorized to regulate amateur radio station antenna structures, Government Code § 65850.3.

Note— Does not pertain to telecommunication transmission equipment.

Sec. 44-262. - Fences, walls, and hedges.

(a)

Applicability. The provisions of this section pertaining to height shall not apply to fences required by State law to surround and enclose public utility installations or to chain link fences enclosing school grounds and public playgrounds. However, the provision pertaining to safety vision at corners shall apply to such fences.

(b)

General provisions.

(1)

Measuring height. The height of a wall shall be measured from the top of the street curb to the top of the wall, including any retaining wall, if present. If there is no curb present, then the height shall be measured from the lowest adjacent finished grade. For a wall between commercial or industrial and residential zoning districts, the measurements shall be taken from the residential side.

(2)

Height. The maximum height of a wall, fence, hedge, or lattice, or any combination of along an arterial highway, a local street, or other public easement shall be eight feet unless otherwise approved by a precise plan.

(3)

Maintenance. A property owner is responsible for the maintenance and repair of any fence, wall, hedge or lattice extension exhibiting damage or a worn out appearance.

(4)

Painting of wall. Painting or changing the surface of any block wall facing an arterial highway, local street, or other public right-of-way is permitted with only the approved color as designated by the City Council.

(5)

Location. No fence, wall or hedge shall be located within the public right-of-way without approval of an encroachment permit from the Community Services Department.

(6)

Joint ownership of a wall. Any modification, repair or construction of a joint ownership (common) wall shall be subject to prior written approval of all joint owners.

(7)

Water barrier. Any modification, repair or construction of a wall that abuts a planter area will require a waterproof barrier located on the inside of the wall between the surface of the wall and the soil in the planter.

(8)

Residential use adjacent to nonresidential use. A decorative block wall of at least eight feet in height, and using at a minimum a six-inch-wide block, shall be constructed adjacent to all side and rear yard property lines, where a residential district or use is adjacent to a nonresidential district or use.

(9)

Commercial property abutting residential property. A decorative block wall of three feet in height shall be constructed where a commercial property line abuts the side of the front yard setback of a residential property.

(10)

Permits required. All block walls over three feet high and any extension to existing block walls shall require building permits from the Community Development Department. A height extension using lattice to a block wall shall require Community Development Director Approval and a building permit.

(11)

Access to rights-of-way. Gate openings from private property to any public right-of-way or street must be approved by the Community Development Director, based on the following criteria:

a.

The gate opening shall not be located less than 30 feet from an intersection.

b.

The gate opening shall not impact the vehicular or pedestrian traffic on the public right-of-way.

c.

There shall be no modifications to the public right-of-way (e.g., curb cuts or drive approaches). Any gate openings that would require modifications to the public right-of-way will require a precise plan amendment.

d.

All gate openings shall slide from side-to-side on the private side of the gate or shall be inward opening.

e.

Southern California Edison shall approve all requests, in writing, for a gate opening onto its right-of-way.

(c)

Lattice height extensions.

(1)

A lattice extension to a wall is only permitted in the Single Family Residential (R-1) zone.

(2)

A lattice extension must be made of pressure-treated wood, vinyl or similar synthetic material.

(3)

A lattice extension of a wall shall be no higher than the lesser of two feet in height, or a total height for the wall plus lattice extension of eight feet, centered and mounted securely onto the top course of a wall as shown in figure B-1.

==> picture [360 x 441] intentionally omitted <==

(4)

A lattice extension shall not project above the maximum height of a wall allowed under Table III-1 in this section.

(5)

A lattice extension shall be white in color, unless the wall it is attached to is painted. In such circumstances, the lattice may be painted to match the wall color at the City's discretion.

(6)

A lattice extension is not permitted within the front setback area.

(7)

A lattice extension to a wall facing an arterial highway, local street or the public right-of-way does not have to be a complete section of wall. The lattice extension can be installed solely on an individual property

basis and result in a "stair-stepping" effect at the property line.

(8)

If a lattice extension includes trained vegetation growing onto the lattice, then such vegetation shall not include thorns or other features that would cause injury to the public passing by the lattice.

(9)

A lattice extension shall be a framework made up of one and one-quarter-inch wide strips of pressuretreated wood or solid synthetic material that is overlapped in a 3D diagonal pattern. A lattice extension shall also feature cap and divider moldings.

(10)

A lattice extension shall have openings in a diagonal pattern that are no less than one-inch square and no greater than two inches square.

(d)

Block height extensions.

(1)

A block extension shall not be of a different style, type or color of material used in the existing wall. If the block extension is on a painted wall, then the block extension shall be painted to match the wall color at the City's discretion.

(2)

Any existing cap on a wall must be removed prior to an extension.

(e)

Residential provisions.

(1)

Maximum heights. The maximum height of a wall, fence, or hedge shall be as follows:

1 A height extension to a wall shall not exceed the maxi-mum height identified in Table III-1.

(2)

Required residential walls. For all new developments, a decorative masonry block wall of at least six feet in height and six inches thick shall be constructed so as to be centered on all side and rear property lines. Replacement of existing residential walls between lots may be of any fencing type, except chain link.

(3)

Required points of extension. Required walls along side yard property lines of corner lots shall extend to a point perpendicular to the front elevation closest to the street. When side and rear yards abut, the wall shall extend the entire length of the rear property line.

(4)

No chain link. No chain link fencing shall be permitted in any residential yard where it is visible from the public right-of-way.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-263. - Glare.

All lighting, both exterior and interior, shall be designed and located so as to confine direct light rays to the subject premises and to minimize the effects of reflected light on adjacent or nearby properties.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-264. - Hours of operation.

The operation of permitted uses located within 300 feet of any property zoned R-1 or R-3 shall be limited to the hours between 6:00 a.m. and 11:00 p.m., except as approved by a precise plan or a conditional use permit.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-265. - Irregular lots.

This section provides standards for the establishment and measurement of setbacks on irregular lots.

(1)

Perimeter setbacks. Perimeter setbacks shall be measured from the property line or the ultimate street right-of-way line, whichever results in the larger setback.

(2)

Flag lots.

a.

Setbacks. All perimeter setbacks shall be measured from property lines, except that the property line adjacent and most perpendicular to the "panhandle" portion of the lot shall be extended across that portion and serve as the basis for measuring setbacks in that area.

b.

No structures in panhandle. Structures shall not be allowed in the "panhandle" portion of the lot, nor shall that portion be credited to minimum lot area requirements.

(3)

Determination of property lines. Where a building site is situated so that any of the property lines are not readily determinable, required setbacks shall be as determined by the Community Development Director in compliance with the following criterion: required setbacks shall not allow the placement of buildings on the site in a manner that will constitute a grant of special privileges inconsistent with the limitations placed on other properties in the vicinity and incompatible with surrounding uses.

(4)

Setbacks from easements. Where a surface easement for street, vehicular access, bikeway, recreation trail, or similar purposes has been granted across a lot, the building setback shall be measured from the property line or from the edge of the easement, whichever is closer to the building.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-266. - Measurements, projections, and encroachments.

(a)

Measuring building height. The maximum height of buildings and other structures shall be defined as the vertical distance from finish grade to an imaginary plane above the building site. The imaginary plane shall be established above and parallel to the finish grade adjacent to the exterior walls at a vertical distance equal to the specified maximum height as established for the corresponding district.

==> picture [360 x 134] intentionally omitted <==

(b)

Allowable height projections. Architectural features not containing usable floor space, such as chimneys, towers, gables, and spires, are permitted to extend five feet above the maximum structure height as established for the corresponding district, if approved as part of a precise plan or conditional use permit. The aggregate floor or "footprint" area of such architectural features shall not encompass more than ten percent of the ground floor area of the structure. Chimneys shall comply with building code regulations.

(c)

Determining lot frontage. The Community Development Director shall determine which property lines shall be considered the lot frontage for the purpose of complying with setback requirements. On all irregular and nonrectangular lots, the Community Development Director shall determine the location of front, side, and rear yard areas.

(d)

Allowable encroachments. The following structures may encroach a maximum of two feet into any required setbacks established for the corresponding district, provided the projections do not extend over the property line:

(1)

Eaves, buttresses, cornices, sills, or other similar architectural features.

(2)

Fireplace structures not wider than eight feet.

(3)

Awnings or open patio covers.

(4)

Guard railings for safety protection around ramps.

(5)

Bay windows, without a foundation, located in the front or rear setback area.

(e)

Prohibited encroachments. Bay windows not meeting the allowable encroachment criteria identified above, balconies, pop outs, and similar features shall not encroach into the required setbacks established for the corresponding zoning district.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-267. - Noise.

(a)

Excessive noise prohibited. A person shall not willfully make or continue, or willfully cause to be made or continued, any loud, unnecessary, or unusual noise that disturbs the peace or quiet of any neighborhood or zoning district or constitutes a public nuisance.

(b)

Exterior noise standards. Property owners/business operators/tenants shall be responsible for the attenuation/mitigation of noise. The following noise levels are the maximums permitted in the City, unless otherwise stated in a precise plan or conditional use permit.

TABLE III-2. EXTERIOR NOISE STANDARDS

• Noise shall be measured at a position or positions at any point on the receiver's property. In general, the microphone shall be located four to five feet above the ground; ten feet or more from the nearest reflective surface, where possible. However, in those cases where another elevation is deemed appropriate, the latter shall be utilized.

It shall be unlawful for any person at any location within the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, when the foregoing causes the noise level, when measured on any other property, to exceed:

(1)

The noise standard for a cumulative period of more than thirty (30) minutes in any hour; or

(2)

The noise standard plus five dB(A) for a cumulative period of more than fifteen (15) minutes in any hour; or

(3)

The noise standard plus ten dB(A) for a cumulative period of more than five (5) minutes in any hour; or

(4)

The noise standard plus fifteen (15) dB(A) for a cumulative period of more than one minute in any hour; or

(5)

The noise standard plus twenty (20) dB(A) for any period of time.

(c)

Noise measurement. Noise measurements shall be made with a sound level meter using the "A" weighted network (scale). Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be performed immediately prior to recording any noise data.

(d)

General regulations to control noise.

(1)

Loading and unloading. Loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects shall not occur between the hours of 10:00 p.m. and 7:00 a.m. in a manner that would cause a noise disturbance to a residential zoning district. Loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects shall not occur in commercial or industrial areas abutting residential zoning districts between the hours of 7:00 p.m. and 7:00 a.m.

(2)

Vehicle repairs and testing. Repairs, rebuilding, modifying, or testing of motor vehicles, motorcycles, motorboats, or other motorized vehicles shall not occur between the hours of 7:00 p.m. and 7:00 a.m. in a manner that would cause a noise disturbance to a residential zoning district.

(3)

Maintenance activities. Maintenance activities in landscape and parking areas (i.e., mechanical sweeping, mechanical grass cutting, mechanical blowing) shall not occur between the hours of 8:00 p.m. and 8:00 a.m. in a manner that would cause a noise disturbance to a residential zoning district.

(4)

Construction activities. Construction activities shall include noise generated at the site during site preparation and construction, which includes utilizing various types of machinery and equipment. Construction activity also includes the transport of workers and export of debris and import of construction materials from the site. Construction activity shall be limited to the following:

TABLE III-3. RESTRICTED HOURS FOR CONSTRUCTION ACTIVITIES

• Modification of construction hours may be granted for temporary uses per Section 44-1007(7).

Note— Section 26-202(g) provides for modification of hours for temporary uses.

(e)

Exceptions. Short-term or temporary intermittent bursts of noise may exceed maximum noise levels for approved construction projects, emergency vehicles and equipment, and other short-term incidents with City approval. Such short-term or temporary intermittent noises shall not exceed 30 seconds of constant sound above the established levels nor occur more frequently than one incident of noise level excession every five minutes over a period of not more than three hours.

(f)

Residential design requirements. New residential development shall be consistent with Title 24 of the California Code of Regulations in order to ensure an adequate interior noise environment for residential uses.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2021-01, §§ 4, 5, 8-3-2021)

Sec. 44-268. - Outdoor display, advertisement, and sales of merchandise.

There shall be no outdoor display, storage, or sales of merchandise, except where specifically permitted by Section 44-139 or by a conditional use permit or by an outdoor display and seating permit.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-269. - Outdoor work.

(a)

Outdoor work such as assembling, repairing, dismantling, and manufacturing of merchandise shall not be allowed unless approved by a conditional use permit.

(b)

Gardening, permitted construction activities, and loading and unloading of merchandise from vehicles shall not be considered outdoor work.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-270. - Items in the public right-of-way.

No person shall store, place, locate, or display any item in the public right-of-way other than operational vehicles, emergency equipment, or items approved by the City with an encroachment permit.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-271. - Stormwater runoff.

All new development shall comply with the County of Orange Areawide Urban Storm Water Runoff Guidelines and any additional standards or guidelines that may be adopted by the City.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-272. - Screening of equipment.

All mechanical equipment, including heating, ventilating, and air conditioning equipment, shall be screened from view of a public street or adjacent property in a manner approved by the Community Development Director, whether such equipment is located within a building, behind a roof parapet, or on the ground.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-273. - Swimming pools, fish ponds, and fountains.

(a)

Compliance with codes. Swimming pools, fish ponds, or other bodies of water 12 or more inches in depth at any point shall be developed in compliance with any applicable standards and codes as required by the City, County, and State.

(b)

Required setbacks.

(c)

Front yard. Fish ponds, fountains, and other water features located in the front yard of a residence shall not exceed 12 inches in depth or 50 square feet in area.

(d)

Mosquito abatement. All fish ponds, fountains, or other water features shall contain mosquito fish or other mosquito abatement measures recommended by the Orange County Vector Control District.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-274. - Trash and recyclable materials storage.

(a)

Provisions for trash required. Adequate, accessible, and convenient areas for collecting and loading trash and recyclable materials shall be provided in compliance with State law.

(1)

Multifamily uses. The following are minimum requirements for common refuse and recyclable material storage areas for multifamily developments with five or more units. Storage areas may be located indoors or outdoors as long as they are readily accessible to all residents. Areas are measured in square feet. If the trash storage area is located outdoors, a trash enclosure is required.

TABLE III-5. MULTIFAMILY DEVELOPMENT

MINIMUM COMMON STORAGE AREAS REQUIRED (SQ. FT.)

(2)

Nonresidential uses. Nonresidential uses shall provide refuse areas in compliance with the following requirements. Requirements apply to each individual structure. Areas are measured in square feet.

TABLE III-6. NONRESIDENTIAL STRUCTURES MINIMUM STORAGE AREAS REQUIRED (SQ. FT.)

Every additional 25,000 sq. ft. shall require an additional 96 sq. ft.

100,001 +

(b)

Area to be shown on plans. Trash and recyclable materials storage areas shall be included on all applicable plans to be approved by the City. Design specifications shall include space allocation, location, design, and signage, if applicable.

(c)

Enclosure standards. Trash and recyclable materials containers shall be located within an enclosed area. Enclosures for trash and recycling containers shall comply with the following standards.

(1)

Enclosure placement. Trash and recyclable materials enclosures shall be provided as follows:

a.

Located within 250 feet of all businesses served by the enclosure.

b.

Directly available to collection vehicles via alleys or driveways to avoid the necessity of substantial hand carrying of containers or hand pushing of dumpsters.

c.

Located substantially away from public view and pedestrian and vehicle circulation areas unless determined infeasible by the review authority.

d.

Located a minimum of 25 feet away from residentially-zoned property.

(2)

Enclosure design. Enclosures shall be constructed on a concrete pad with a concrete apron and be of an adequate size to accommodate the containers they enclose, per disposal company standards. Access to the containers for collection shall also meet disposal company requirements. Enclosures shall comply with City standards as illustrated below. Walls shall be at least six feet high and shall be made of strong, masonry block, and finished as to match colors and finishes of nearby buildings and be consistent with current City standards. Doors shall be self-latching, metal or metal framed, and of heavy-duty construction sufficient to withstand hard usage. Trash enclosures shall incorporate a drain that carries wastewater to the sanitary sewer. Interior six-inch-high concrete or metal curbs shall be included to prevent damage to the walls from collisions with heavy containers.

==> picture [360 x 295] intentionally omitted <==

(d)

Weather protection. Each enclosure shall be designed and maintained so that deposited materials are contained during windy periods. The trash enclosure shall have a roof and individual containers shall have lids. The roof shall be constructed of a solid, high quality, and durable material, and shall incorporate a design that is architecturally compatible with the building on the property. Enclosures or containers designated for recyclable materials that could be damaged or be rendered unmarketable by rain or other environmental conditions shall provide adequate protection against such conditions.

(e)

Maintenance of trash facilities. It shall be the responsibility of the property owner to ensure that the immediate surroundings and the floor of the enclosures are kept clean and free of debris, that the enclosure gates have operable latches, that the enclosure gates remain closed, and that the container lids remain closed at all times except during periods of depositing trash and emptying the bin.

(Ord. No. 2015-01, § 3, 5-5-2015)