Chapter 9.30 — ANTENNA STANDARDS

The purpose of the regulatory provisions set forth in this chapter is to establish development standards for the installation and maintenance of radio and television antennas and wireless telecommunications antenna facilities within specified land use zones of the city. These standards are intended to ensure that the design and location of those antennas and facilities are consistent with previously adopted policies of the city to guide the orderly development of the Mission Viejo Planned Community, to promote the public health, safety, comfort, convenience, and general welfare of the city's residents, and to protect property values and enhance the aesthetic appearance of the city by maintaining architectural and structural integrity and by protecting views from obtrusive and unsightly accessory uses and facilities.

In adopting and implementing the regulatory provisions of this chapter, it is the intent of the city council to further the objectives specified above without unnecessarily burdening the federal interests in ensuring access to satellite services, in promoting fair and effective competition among competing communications service providers, and in eliminating local restrictions and regulations that, with regard to antennas, may preclude reception of an acceptable signal quality or may unreasonably delay, prevent, or increase the cost of installation, maintenance, or use of such antennas.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.30.010. - Definitions.

(a)

As used in this chapter, the following terms and phrases have the meanings set forth below:

(1)

Amateur radio station antenna. Any antenna, and its accompanying support structure, that is used solely for the purpose of transmitting and receiving radio signals in connection with the operation of an amateur radio station in accordance with licenses issued or recognized by the FCC.

(2)

Antenna, antenna array, or wireless telecommunications antenna array. One or more rods, poles, panels, discs, or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antennas (whip), directional antennas (panel), and parabolic antennas (disc), but excluding any support structure as defined below.

(3)

Co-location. The use of a common wireless telecommunications antenna facility, or a common site, by two or more providers of wireless telecommunications services, or by one provider of wireless telecommunications services for more than one type of telecommunications technology.

(4)

FCC. The Federal Communications Commission.

(5)

Mast. A support structure that is designed and constructed for the specific purpose of elevating a satellite earth station antenna in order to receive broadcast signals of an acceptable quality.

(6)

Satellite earth station antenna. A parabolic or dish-shaped antenna or other apparatus or device that is designed for the purpose of receiving radio or television broadcast signals.

(7)

Support structure or wireless telecommunications antenna array support structure. A freestanding structure that is designed and constructed for the specific purpose of supporting an antenna array and that may consist of a monopole, a mast, a self-supporting lattice tower, a guy-wire support tower, or other similar structures.

(8)

Wireless telecommunications antenna facility or wireless communications antenna facility. An unstaffed facility for the transmission or reception of wireless telecommunications services, commonly consisting of an antenna array, connection cables, a support structure to achieve the necessary elevation, and an equipment facility to house accessory equipment, which may include cabinets, pedestals, shelters, and similar protective structures.

(9)

Wireless telecommunications services or wireless communications services. Any personal wireless services as defined in the federal Telecommunications Act of 1996, including federally-licensed wireless telecommunications services consisting of cellular services, personal communications services (PCS), specialized mobile radio services (SMR), enhanced specialized mobile radio services (ESMR), paging, and similar services that currently exist or that may be developed in the future.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.30.015. - Regulation of satellite earth station antennas.

(a)

Permitted accessory uses. Satellite earth station antennas described below in this paragraph (a) may be installed as permitted accessory uses without obtaining a planned development permit and without

obtaining a building permit, provided that they comply with all applicable development standards set forth in paragraph (b), as well as all applicable building codes, electrical codes, and fire codes:

(1)

An antenna located in any zoning district that is designed to receive direct broadcast satellite service, including direct-to-home satellite services, that is one meter (39″) or less in diameter and that is either building-mounted or, if elevated by a mast, does not extend above the roofline.

(2)

An antenna that is designed to receive video programming services and that is located in any zoning district where commercial or industrial uses are generally permitted, which antenna is two meters (78″) or less in diameter and is either building-mounted or, if elevated by a mast, does not extend above the roofline.

(3)

An antenna located in any zoning district that is designed to receive video programming services by means of multipoint distribution services, including multichannel multipoint distribution services, which antenna is one meter (39″) or less in diameter or diagonal measurement and which is either building-mounted or, if elevated by a mast, does not extend above the roofline.

(4)

An antenna located in any zoning district that is designed solely to receive television broadcast signals, which antenna, whether building-mounted or ground-mounted, does not extend above the roofline.

(b)

Development standards.

(1)

The following development standards apply in all zoning districts to the siting, construction, and operation of satellite earth station antennas referenced above in paragraph (a), and to all satellite earth station antennas that are subject to the planned development permit review process and to the issuance of a building permit:

a.

Only one satellite earth station antenna is allowed on any lot or parcel.

b.

The height of a ground-mounted satellite earth station antenna may not extend above the roofline.

c.

No satellite earth station antenna may be installed in any zoning district if it will impede normal vehicular or pedestrian circulation, ingress to, or egress from any building, structure, or parking facility.

d.

Satellite earth station antennas, whether ground-mounted or building-mounted, including any guy-wires, masts, and accessory equipment, must be located and designed so as to mitigate adverse visual impacts from adjacent properties and from public streets, which mitigation may involve screening by means of landscaping or the addition of new architectural elements that are compatible with the design of adjacent buildings. This screening requirement may be modified by the director of community development if the antenna's reception is impaired.

e.

Satellite earth station antennas must be finished in a nonmetallic finish or painted in a color that is compatible with the surrounding environment.

f.

Any mast that will be used to elevate a satellite earth station antenna must be constructed of noncombustible and corrosive-resistant materials.

g.

All satellite earth station antennas must be installed with adequate ground wire to protect against a direct strike of lightning. The ground wire must be of a type approved by the Electrical Code for grounding masts and lightning arrestors.

h.

All satellite earth station antennas must be located away from utility lines by a 12-foot vertical distance and a six-foot horizontal distance. Any mast that will be used to elevate a satellite earth station antenna must be secured by a separate safety wire in a direction away from adjacent power lines or other potential hazards.

i.

To the extent feasible, all cables, wires, or similar electrical transmission devices that connect with a satellite earth station antenna must be placed underground.

j.

If footings are required for the installation of a satellite earth station antenna, engineering calculations for those footings must be signed by a licensed structural or civil engineer.

k.

All connectors on a satellite earth station antenna, and on any mast to be used for elevation, must be capable of sustaining a wind-load of at least 20 pounds.

l.

No satellite earth station antenna, nor any of its component parts or accessory facilities, may encroach into the public right-of-way unless that encroachment is authorized by the city engineer as provided for in this code.

m.

All satellite earth station antennas must be properly maintained.

(2)

In addition to the development standards set forth above in subsection (1), the following development standards apply in all residential zones to the siting, construction, and operation of satellite earth station antennas:

a.

No satellite earth station antenna may be mounted on the roof of a building.

b.

The height of a ground-mounted satellite earth station antenna may not extend above the roofline.

c.

The diameter of a satellite earth station antenna that is subject to the planned development permit procedure may not exceed ten feet.

d.

A satellite earth station antenna that is ground-mounted must be located in the side yard or rear yard and at least five feet from any property line.

(3)

In addition to the development standards set forth above in subsection (1), the following development standards apply in all nonresidential zones to the siting, construction, and operation of satellite earth station antennas:

a.

All ground-mounted satellite earth station antennas must be located at least five feet from any property line.

b.

No ground-mounted satellite earth station antenna may be located in the area between the front property line and the main building or structure.

c.

If roof-mounted, a satellite earth station antenna must not extend more than six feet above the roofline, and must either be affixed to a flat portion of the roof structure having parapets, or it must be integrated with

the architectural design of the building in accordance with a plan that is approved by the director of community development.

d.

The height of a ground-mounted satellite earth station antenna may not extend above the roofline.

(c)

Planned development permit required.

(1)

If a proposed satellite earth station antenna will exceed the applicable height limitations referenced above in subsections (1) through (4) of paragraph (a), or if the diameter or diagonal measurement of the proposed satellite earth station antenna exceeds the one or two meter limitation specified in subsections (1) through (3) of paragraph (a), then an application for a planned development permit must be submitted in accordance with chapter 9.47 (Planned Development Permits), and, if the application is approved, a building permit must be obtained if required by the city's building code.

(2)

The city council expressly finds and determines that these regulatory requirements relating to a planned development permit are necessary, desirable, and in the best interests of the community in order to protect the public health, welfare and safety, to promote aesthetic objectives, and to maintain property values. The city council further finds and determines that these regulatory requirements are applicable only to the proposed installation of satellite earth station antennas that are not permitted accessory uses and that do not meet the criteria for exemption from local regulation established by the FCC under the Telecommunications Act of 1996.

(3)

In addition to the requirements set forth in chapter 9.47, the application for a planned development permit must include the following:

a.

Construction drawings that show the proposed method of installation, screening, and the manufacturer's specifications.

b.

A plot plan showing the proposed location of the satellite earth station antenna.

c.

Engineering data evidencing that the satellite earth station antenna will be in compliance with all structural requirements of the Building Code.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

Permitted accessory uses. Amateur radio station antennas, located in any zoning district used solely for the purpose of transmitting and receiving radio signals in connection with the operation of an amateur radio station and described below in this paragraph (a) may be installed as permitted accessory uses without obtaining a planned development permit, without following the procedure for architectural and design review found in chapter 9.43, and without obtaining a building permit provided that they comply with the following development standards:

(1)

An antenna that is one meter (39 inches) or less in diameter and that is building mounted or, if elevated by a mast, does not extend above the roofline.

(2)

An antenna consisting of only a wire one-fourth inch or less in diameter. If building mounted, the wire shall not extend above the roofline.

(3)

A single vertical pole or whip antenna not exceeding 42 feet in height as measured from surrounding grade.

(b)

Planned development permit review process. The proposed installation of an amateur radio station antenna in any zoning district must be preceded by an application for a planned development permit in accordance with chapter 9.47 (Planned Development Permits), and, if the application is approved, a building permit must be obtained if required by the city's building code.

(c)

Application for planned development permit. In addition to the requirements set forth in chapter 9.47, the application for a planned development permit must include the following:

(1)

Construction drawings that show the proposed method of installation, screening, and the manufacturer's specifications.

(2)

A plot plan showing the proposed location and dimensions of the amateur radio station antenna.

(3)

Engineering data evidencing that the amateur radio station antenna will be in compliance with all structural requirements of the Building Code.

(4)

Copies of all licenses issued or recognized by the FCC to engage in amateur radio service operations.

(d)

Factors considered in the planned development permit review process.

(1)

In conducting the planned development permit review process for a proposed amateur radio station antenna, the reviewing authority must consider the following factors:

a.

The proposed height of the amateur radio station antenna, and the applicant's representations as to the technological necessity of that height to engage in amateur radio service operations of the nature contemplated.

b.

Proximity of the proposed amateur radio station antenna to inhabited buildings and structures.

c.

The nature of existing uses on adjacent and nearby properties.

d.

Surrounding topography, tree coverage, and foliage, and their effect on the proposed height of the amateur radio station antenna.

e.

Design of the proposed amateur radio station antenna, with particular reference to design features that provide for retraction of the antenna when not in use and design features that may reduce or eliminate visual obtrusiveness, particularly in residential zones.

(2)

In making any determination during the planned development permit review process to deny or to condition the application for an amateur radio station antenna, the reviewing authority must adhere to the following guidelines:

a.

The imposition of conditions or restrictions relating to the placement, screening, or height of a proposed amateur radio station antenna, which conditions or restrictions are based upon protection of the public health, welfare, and safety, aesthetic considerations, or the preservation of property values, must be considered on a case-by-case basis, taking into account the unique features of the proposed site, the

factors specified above in subsection (1), and the reasonable accommodation required under subparagraph b. below.

b.

The planned development permit review process must be conducted so as to (1) reasonably accommodate the paramount federal interest in promoting amateur radio communications as voluntary, noncommercial communications services, particularly with respect to emergency communications; and (2) impose the minimum practical restrictions, limitations, and conditions in order to achieve the city's legitimate regulatory objectives.

(e)

Processing exemption for small antennas. As an exception to the provisions of subsection (b), an amateur radio station antenna, located in any residential zoning district used solely for the purpose of transmitting and receiving radio signals in connection with the operation of an amateur radio station, having a vertical height not exceeding 42 feet as measured from the ground, having booms not exceeding six feet in length, having all booms within six feet of each other, and having elements not exceeding four feet in length may be processed following the architectural and design review procedure found in chapter 9.43. The procedure

for architectural and design review relating to this subsection shall be followed whether or not the antenna requires a building permit. Further, approval of the antenna shall be based upon those findings set forth in the architectural and design review provisions in addition to those factors considered in subsection (d). The architectural and design review process must be conducted so as to (1) reasonably accommodate the paramount federal interest in promoting amateur radio communications as voluntary, noncommercial communications services, particularly with respect to emergency communications; and (2) impose the minimum practical restrictions, limitations, and conditions in order to achieve the city's legitimate regulatory objectives.

(f)

Prohibition of antennas in required yards. No amateur radio station antenna may be located in the required front, side, or rear yard setback areas.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

Applicability of regulations. The regulatory provisions of the Development Code are applicable to the siting of wireless telecommunications antenna facilities on all land, buildings and right-of-way located within all zoning districts. The siting and construction of wireless telecommunications antenna facilities in all zoning districts is subject to the planned development permit review process and to approval by the director of community development or, upon referral by the director, by the planning commission.

(b)

Application For planned development permit. In addition to the requirements set forth in chapter 9.47 (Planned Development Permits), the application for a planned development permit must include the following:

(1)

A site plan, drawn to scale, showing the proposed location of the wireless telecommunications antenna facility, the height of any existing or proposed new support structure, accessory equipment facility, guywires, above and below ground wiring and connection cables, existing or proposed easements on the property, the height above ground of any panels, microwave dishes, or whip antennas, and the distance between the antenna facility and any existing or proposed accessory equipment facility.

(2)

A location map showing existing wireless telecommunications antenna sites within the city that are owned or operated by the applicant and any proposed sites in the city that may be required for future area coverage.

(3)

Detailed engineering calculations for foundation and wind loads, plus documentation that the electromagnetic fields (EMF's) from the proposed wireless telecommunications facility will be within the limits approved by the FCC.

(4)

A preliminary environmental review, with special emphasis placed upon the nature and extent of visual impacts.

(5)

Evidence of any required licenses and approvals to provide wireless telecommunications services in the city.

(c)

Factors considered in the planned development permit review process. The director of community development, or, upon referral, the planning commission, must consider the following factors in determining whether to approve a planned development permit for a wireless telecommunications antenna facility:

(1)

Height of the proposed facility.

(2)

Proximity of the proposed facility to residential structures and to boundaries of residentially zoned districts.

(3)

The nature of existing uses on adjacent and nearby properties.

(4)

Surrounding topography.

(5)

Surrounding tree coverage and foliage.

(6)

Design of the proposed facility, with particular reference to design features that have the effect of reducing or eliminating visual obtrusiveness, such as a camouflaged facility, a facility screened by natural or artificial vegetation, or a facility located or co-located on an existing building or an existing support structure.

(7)

Proposed ingress and egress.

(8)

Availability of suitable existing buildings or support structures, as set forth below in paragraph (d).

(d)

Development standards.

(1)

Antenna arrays on wireless telecommunications antenna facilities that are proposed to be sited on an existing nonresidential building or support structure must be integrated with the architectural design and coloring of that existing building or support structure.

(2)

The siting of new support structures is subject to the following additional requirement:

No new support structure will be permitted unless the reviewing authority makes the additional finding that, based upon evidence submitted by the applicant, no existing building or support structure can reasonably accommodate the proposed wireless telecommunications antenna facility. Evidence supporting this finding will be reviewed by the reviewing authority and may consist of any of the following:

a.

No existing buildings or support structures are located within the geographic area proposed to be served by the applicant's facility.

b.

Existing buildings or support structures are not of sufficient height or structural strength to meet the applicant's operational or engineering requirements.

c.

The applicant's proposed facility would create electromagnetic interference with another facility on an existing structure, or the existing antenna array on an existing building or support structure would create interference with the applicant's proposed antenna array.

d.

The costs, fees, or contractual provisions required by a property owner, or by an incumbent wireless telecommunications service provider, in order to co-locate a new antenna array on an existing building or support structure, or to adapt an existing building or support structure for the location of the new antenna array, are unreasonable.

e.

There are other limiting factors that render existing buildings and support structures unsuitable for use by the applicant.

(3)

If co-location of the proposed facility cannot be accomplished, the proposed facility must be sited at least 1500 feet from any existing facility unless the reviewing authority determines that a shorter distance is required for technological reasons, or that it would result in less visual obtrusiveness in the surrounding area.

(4)

If a new support structure for a facility will be visible from adjacent residential properties or from major arterial streets, the reviewing authority may require that the support structure be screened or camouflaged to mitigate adverse visual impacts.

(5)

Protective structures housing accessory equipment must not exceed ten feet in height, must comply with all applicable setback requirements, and must be screened from public view or be made compatible with the color and architectural design of adjacent structures.

(6)

If a proposed facility will be visible from a residential area or an arterial street, any required fencing must be of wrought iron or similar decorative materials.

(7)

No new support structure may project from the roof of a building. A new, freestanding support structure must be a minimum of ten feet from a building on the same site unless that building houses equipment accessory to the support structure.

(8)

A new support structure that is to be located near a residential use or the boundary of a residential zoning district must be set back from the nearest residential lot line or boundary a distance that is at least equal to the height of that support structure.

(9)

The exterior of a new support structure must have a noncorrosive, nonmetallic finish that is not conducive to reflection or glare. The support structure, the antenna array, and the accessory equipment facility must all be of a neutral color.

(10)

Buildings and support structures may not be illuminated unless specifically required by the Federal Aviation Administration or other governmental agencies.

(11)

No off-premises or on-premises signs may be placed by a wireless telecommunications service provider on a building or support structure to which a wireless telecommunications antenna facility is attached.

(12)

The applicant and the property owner must sign an agreement, in a form to be provided by the city, that consents to the future co-location of facilities on the building or support structure to be used by the applicant, unless technical considerations preclude that co-location.

(e)

Maintenance and cessation of use. The following requirements apply to wireless telecommunications antenna facilities located on existing buildings or support structures and on new support structures:

(1)

The site must be maintained in a condition free of trash, debris, and refuse. All graffiti must be removed within 72 hours.

(2)

If a support structure, or an antenna array affixed to a building or to a support structure, becomes inoperable or ceases to be used for a period of six consecutive months, the permittee must give written notice of such inoperability or nonuse to the director of community development. The antenna array and, if applicable, the support structure, must be removed within a 90-day period. If such removal does not occur, the city may remove the antenna array and, if applicable, the support structure, at the permittee's expense; provided, however, that if other antenna arrays owned or operated by other service providers are affixed to the same support structure, then only the antenna array that has become inoperable or has ceased to be used is required to be removed, and the support structure may remain in place until all service providers cease to use it.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

In accordance with the provisions of chapter 9.46 (Variances), application may be made for a variance from the restrictions and limitations imposed by this chapter upon satellite earth station antennas and wireless telecommunications antenna facilities.

(b)

A variance may be issued if, in addition to the general variance standards, the following requirements are met:

(1)

The applicant submits evidence satisfactory to the reviewing authority that location of the satellite earth station antenna or the wireless telecommunications antenna facility in the manner required by this chapter would (a) obstruct the antenna's reception window or otherwise interfere with reception, and such obstruction or interference involves factors beyond the applicant's control; or (b) the cost of meeting the requirements of this chapter is excessive in relation to the cost of the proposed antenna or antenna facility.

(2)

The applicant submits a certification, signed by a registered structural or civil engineer, that the proposed installation will be in compliance with all applicable requirements of the Building Code, including load distributions upon any proposed mast or other support structure.

(c)

A variance may be revoked if the applicant or property owner fails to comply with any conditions that are imposed upon the issuance of that variance.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.30.035. - Nonconforming antennas.

Any antenna that is lawfully constructed prior to the effective date of the ordinance implementing this code, and that does not comply with the requirements of this chapter will be deemed a nonconforming use and subject to the provisions of chapter 9.28 (Nonconforming Structures and Uses). As an exception to the foregoing, a nonconforming amateur radio station antenna shall not be subject to the amortization and removal provisions of chapter 9.28. Any antenna constructed in violation of this chapter, or in violation of any prior ordinance or regulation, is subject to immediate abatement.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

CHAPTER 9.31. - STANDARDS FOR LARGE ABOVE-GRADE AND OTHER FACILITIES IN THE PUBLIC RIGHTS-OF-WAY PROPOSED BY PERMIT APPLICANTS

Sec. 9.31.005. - Applicable standards and enforcement authority.

The city council finds and determines that it is necessary, desirable, and in the public interest to impose reasonable permit application requirements, as well as reasonable time, place and manner requirements and other conditions authorized by law, through the encroachment permit process and procedures that are specified in chapter 14.03 of title 14 of this Code, which chapter is titled "Excavations, Encroachments, and Obstructions in the Public Rights-of-Way." Enforcement of the city's requirements and conditions specified in chapter 14.03 is the responsibility of the city's public works director, or that director's designee.

(Ord. No. 07-264, § 3, 11-19-07)

ARTICLE IV. - ADMINISTRATION CHAPTER 9.40. - INTRODUCTION

Sec. 9.40.005. - Threshold of review.

The purpose of this article is to outline procedures together with various land use permit options, in addition to providing for amendments to the general plan, the zoning map, and this code.

Figure 1 (Threshold of Review) identifies the full range of land use permit options and applicable final review authority.

FIGURE 1 - THRESHOLD OF REVIEW

1 Any entitlement application shall be referred to the appropriate property owner association for review and comment prior to final determination by the review authority as determined applicable by the director.

2 The director may refer any entitlement application to the commission for final determination.

3 Following approval by the council, the final map shall be recorded by the subdivider and a copy of the final map submitted to the city engineer.

4 Regarding these items, the commission makes recommendations to the council; the council makes the final determination.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.40.010. - Multiple permit applications.

An applicant for a development project that requires the filing of more than one land use permit application shall file all related permits concurrently, unless waived by the director, and pay appropriate fees, as outlined in chapter 9.55 (Applications and Fees). Processing and environmental review shall be concurrent, and the final decision on the project shall be made by the highest level of review authority, pursuant to Figure 1 (Threshold of Review). For example, the decision regarding a project requiring a planned

development permit and tentative tract map shall be made by the commission, while the decision regarding

a project requiring a general plan amendment and zoning map amendment shall ultimately be made by the council.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

A prospective applicant or city representative may request a preapplication conference with the department prior to formal submittal of a single land use permit application. Development projects involving multiple permit applications shall require a preapplication conference. This conference should take place prior to any substantial investment (i.e., land acquisition, site, engineering and construction plans) in the preparation of the proposed development project application. During the conference, the department representative(s) shall inform the applicant of applicable policies, plans, and requirements as they apply to the proposed development project, review the appropriate procedures outlined in this code, and examine possible alternatives or modifications relating to the proposed project. Preliminary environmental issues shall be identified, and any further technical studies relating to future environmental review should be addressed. A fee shall be imposed for the preapplication conference, pursuant to the city's schedule of fees.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

CHAPTER 9.41. - CERTIFICATES OF OCCUPANCY

The following provisions are intended to ensure that any initiation or reestablishment of a legally permitted use within a legally established (or a legal nonconforming) structure shall comply with all applicable provisions of the Municipal Code.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.41.010. - Application.

No vacant, relocated, altered, repaired, or hereafter erected structure shall be occupied, or no change in use of land or structure(s) shall be inaugurated until a certificate of occupancy has been issued by the department. An application for the permit shall be on a form prescribed by the director and shall be filed with the department pursuant to chapter 9.55 (Applications and Fees).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.41.015. - Applicability.

(a)

A certificate of occupancy for a structure which is to be relocated, remodeled, or erected shall be filed at least 30 days prior to the intended occupancy.

(b)

A certificate of occupancy for the use of vacant land or structure(s) or a change in occupancy shall be filed at least 30 days prior to the inauguration of the intended use.

(c)

A certificate of occupancy for a change of ownership shall be filed prior to reopening under the new ownership.

(d)

A certificate of occupancy shall be issued by the department subject to the conditions imposed on the use, provided that a deposit is filed with the department prior to the issuance of the certificate. The deposit or security shall guarantee the faithful performance and completion of all terms, conditions, and performance standards imposed on the intended use. The form of the deposit or security shall be subject to the approval of the director. The deposit or security shall be returned to the depositor within ten days following a determination by the director that all of the terms, conditions, and performance standards have been met.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

CHAPTER 9.42. - TEMPORARY USE PERMITS

The following provisions are intended to allow for short-term activities which may be appropriate when regulated.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.42.010. - Permitted uses.

The following temporary uses may be permitted, subject to the issuance of a temporary use permit:

(a)

Temporary real estate offices may be established within the area of an approved tentative map solely for the first sale of homes. A temporary use permit application for a temporary real estate office may be approved for a maximum time period of two years from the date of approval. Extensions may be granted at the discretion of the director.

(b)

Outdoor display and sales of merchandise within a retail shopping center, limited to a maximum of two events each calendar year, not exceeding four consecutive days for each event, offering only merchandise customarily sold on the premises by the business located within the retail shopping center.

(c)

Contractor's temporary construction yard in conjunction with an approved development project.

(d)

Christmas tree sale lots and Halloween pumpkin sales facilities; however, a permit shall not be required when the sales are in conjunction with a legally established commercial business, provided the activity may only be held from December 1 through December 31, of the same year for Christmas tree sales, and from October 1 through November 15, of the same year for the Halloween pumpkin sales.

(e)

Carnivals, festivals, fairs, rummage sales, car washes, outdoor entertainment events, exhibits, and arts and crafts exhibits may be permitted on a temporary basis. (Swap meets, second hand sales, flea markets, and farmers' markets are not included in this classification). Sponsorship shall be limited to public agencies or religious, fraternal, or service organizations directly engaged in civic or charitable efforts. The time period for the event shall not exceed five consecutive days within any three-month period.

(f)

A temporary stand for the sale of a single, seasonal agricultural product not grown on-site may be permitted in any agricultural, commercial or business park/industrial district and on all church and school sites and on vacant residential property abutting arterial highways, provided the applicant demonstrates a Mission Viejo based community nonprofit organization, such as the Boy Scouts, Little League, etc., benefits monetarily from the operation. The temporary use permit shall be valid for a period of time not to exceed 125 days from the date of issuance.

(g)

Similar temporary uses which, when approved by the director, are compatible with the zoning district and surrounding land uses.

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 07-248, § 32, 4-2-07)

Sec. 9.42.015. - Application.

A temporary use permit may be approved, modified, conditioned, or denied by the director. The director may refer the application to the commission. Decisions of the director may be appealed to the commission, pursuant to chapter 9.56 (Hearings and Appeals). A permit application shall be filed in compliance with chapter 9.55 (Applications and Fees). A final appeal may be made to the council.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.42.020. - Findings.

The director may approve, or conditionally approve a temporary use permit application, only when all of the findings contained in section 9.47.030 (Findings for Planned Development Permits) are made.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

In approving an application for a temporary use permit, the director may impose conditions deemed necessary to ensure that the permit will be in compliance with the findings required by section 9.47.030.

These conditions may involve any pertinent factors affecting the operation of the temporary event, or use, and may include, but are not limited to, the following:

(a)

Provision for a fixed period as determined by the director, unless otherwise provided in the description of the permitted use.

(b)

Provision for adequate temporary parking facilities, including vehicular ingress and egress.

(c)

Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent parcels, noise, vibration, smoke, dust, dirt, odors, gases, and heat.

(d)

Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards.

(e)

Provision for sanitary and medical facilities.

(f)

Provision for solid, hazardous and toxic waste collection, recycling and/or disposal.

(g)

Provision for security and safety measures.

(h)

Regulation of signs.

(i)

Regulation of operating hours and days, including limitation of the duration of the temporary use, as outlined in condition (a).

(j)

Submission of a performance bond or other surety measures, satisfactory to the director, to ensure that any temporary facility or structure used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition.

(k)

Submission of a detailed site plan indicating layout, parking, access to the use, etc., incorporating any information required by this chapter.

(l)

A requirement that the approval of the requested temporary use permit is contingent upon compliance with applicable provisions of the Municipal Code.

(m)

Any other condition which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in full compliance with the intent and purpose of this chapter.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the provisions of this code.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.42.035. - Revocation.

A temporary use permit may be revoked or modified by the director of community development, if any one of the following findings can be made:

(a)

That circumstances have changed so that one or more of the findings contained in section 9.47.030 can no longer be made.

(b)

That the temporary use permit was obtained by misrepresentation or fraud.

(c)

That one or more of the conditions of the temporary use permit have not been met.

(d)

That the use is in violation of any statute, ordinance, law, or regulation.

(Ord. No. 98-193, §§ 1—4, 10-19-98)