City of Buena Park, CA Chapter 19.348 Special Requirements for Certain Uses

§ 19.348.010 Accessory Dwelling Units and Junior Accessory Dwelling Units.

A. Purpose. The purpose of this section is to establish regulations governing accessory dwelling units (ADU) and junior accessory dwelling units (JADU) in compliance with California Government Code Sections 65852.2 and 65852.22, and to provide local standards for the development of accessory dwelling units and junior accessory dwelling units so as to increase the supply of smaller and affordable housing units in the City while ensuring that such units remain compatible with existing neighborhoods. An accessory dwelling unit also includes a manufactured home, as defined in Section 18007 of the Health and Safety Code.

B. Submittal Requirements and Application Processing. Any application for an accessory dwelling unit or junior accessory dwelling unit shall include a site plan, floor plan, demolition plan, and elevations substantiating and evidencing compliance with all applicable development standards. Where all requirements of this section and the Buena Park City Code appear to be met, the application shall be approved ministerially without discretionary review or public hearing within 60 days of receiving the application. The City and applicant may agree to additional time with a written request from the applicant.

If the City denies an application for an ADU or JADU, the City shall, within the 60-day period, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and provide a description of how the application can be corrected by the applicant.

Applications to replace a detached garage with an ADU shall require a demolition permit for the garage. The demolition permit will be reviewed with the application for the ADU and issued at the same time as the permit to construct the ADU.

C. Development Standards. Under the provisions of this section, each accessory dwelling unit or junior accessory dwelling unit shall comply with local building codes and all development standards contained in Division 3 (Single Family Residential Zones) of this Title 19 (Zoning), except as otherwise specified herein:

1. Location. Accessory dwelling units are allowed on lots zoned for single-family residential which contain or are proposed to be developed with a single-family dwelling, or on lots zoned for multifamily residential or mixed-use residential use which contain or are proposed to be developed with a multifamily dwelling. Subject to the standards of this section, accessory dwelling units may be attached, detached, or located within an existing primary residence, which shall include an attached garage, or existing accessory structure. Junior accessory dwelling units shall only be allowed on lots zoned for single-family residential use and which are developed with or are proposed to be developed with a single-family dwelling.

2. Minimum Lot Size and Allowable Density. Minimum lot size and density requirements shall not be applicable when determining minimum lot size or allowable density for development of an accessory dwelling unit or junior accessory dwelling unit.

3. Height of Structure. The height of an accessory dwelling unit shall not exceed 16 feet, measured from grade, except as follows:

a. Nothwithstanding subsection C.3 above, on single-family zoned lots, if the ADU is attached to the primary dwelling unit, the maximum height is 2 stories not to exceed 30 feet, or as high as the existing two-story primary dwelling unit, whichever is lower.

b. Notwithstanding subsection C.3 above, the maximum height of a detached ADU on a lot zoned for multifamily residential or residential mixed-use which are developed or proposed to be developed with a multifamily, multistory dwelling is 20 feet.

c. Notwithstanding subsection C.3 above, if a parcel contains an existing or proposed single-family or multifamily dwelling unit is located within one-half of one mile of a "major transit stop" or a "high quality transit corridor" as those terms are defined in Section 21155 of the Public Resource Code, the maximum height of a detached ADU is 20 feet, measured from existing finished grade to the highest point of the roof.

4. Access. Any external access staircase for the accessory dwelling unit, whether attached or detached, shall not be located on street facing elevation(s) of the single-family or multifamily dwelling unit(s), as applicable.

5. Setbacks.

a. An existing living area or accessory structure that is converted to an accessory dwelling unit, or an accessory dwelling unit that is constructed in the same location and to the same dimensions as an existing living area or accessory structure, may maintain the existing setbacks applicable to the existing area or structure. Any other accessory dwelling unit must maintain a minimum setback of 4 feet to the rear-yard property line and 4 feet to the side-yard property line.

b. Any second story windows, decks, balconies or landing shall provide screening to minimize the loss of privacy for neighboring properties. A minimum second story balcony side or rear yard setback of 5 feet to the property line shall be provided.

c. An ADU that complies with all other applicable development standards may be built within the front yard setback of a lot if it is otherwise physically infeasible to build such an ADU on other areas of the lot while maintaining the minimum rear and side yard setbacks outlined in this subsection C.5.

6. Number of Dwelling Units.

a. Single-Family Zone. The number of accessory dwelling units or junior accessory dwelling units that may be located on any lot in single-family zones is limited to one (1) of the following options:

i. ADU Conversion. One (1) accessory dwelling unit may be located within an existing single-family dwelling or existing accessory structure, or within a single-family dwelling that is proposed to be constructed. Accessory dwelling units that are located within an existing accessory structure may include an expansion of not more than 150 square feet beyond the existing or proposed physical dimensions of the structure for the exclusive purpose of accommodating ingress and egress to the accessory dwelling unit.

ii. New ADU. One (1) detached or attached newly constructed accessory dwelling unit may be located on lots which contain an existing single-family dwelling or which are proposed to be developed with a single-family dwelling.

iii. Junior ADU. One (1) junior accessory dwelling unit may be located within a single-family dwelling, which shall include an attached garage, or within a single-family dwelling that is proposed to be constructed. The junior accessory dwelling unit conversion may include an expansion of not more than 150 square feet beyond the existing physical dimensions of the single-family dwelling only for the purpose of accommodating ingress and egress to the junior accessory dwelling unit.

iv. Unit Combinations. One (1) junior accessory dwelling unit under subsection C.6.a.iii above, plus one (1) detached accessory dwelling unit under subsection C.6.a.i or subsection C.6.a.ii above, may be located on lots which are or are proposed to be developed with a single-family dwelling.

b. Multifamily Zones and Mixed-Use Zones. The number of accessory dwelling units that may be constructed on any lot in multifamily residential zones and mixed-use zones is limited as follows:

i. A maximum of two (2) newly constructed detached accessory dwelling units may be constructed on lots which are developed or are proposed to be developed with a multifamily dwelling unit.

ii. Within an existing multifamily dwelling structure, an accessory dwelling unit may be converted from areas not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. The number of accessory dwelling units that may be developed within an existing multifamily dwelling shall not exceed 25 percent of the existing dwelling units within the multifamily dwelling structure (not counting any accessory dwelling units). At least one (1) such accessory dwelling unit conversion is permitted under this subsection. All such units shall comply with applicable fire and building code requirements.

iii. Junior accessory dwelling units are not permitted in multifamily residential zones.

7. Dwelling Size.

a. Newly constructed attached or detached accessory dwelling units shall not exceed 850 square feet for an accessory dwelling unit that provides up to one bedroom, and shall not exceed 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.

b. The total floor area of any attached or detached accessory dwelling unit or a junior accessory dwelling unit shall be of a minimum of 150 square feet, or as specified in Section 17958.1 of the California Health and Safety Code.

c. Junior accessory dwelling units shall not exceed 500 square feet.

8. Off-Street Parking. One parking space per accessory dwelling unit shall be provided. These spaces may be provided as tandem parking on an existing driveway, or on a driveway in side yard and rear yard as permitted in Table 19.320.030-C and Table 19.320.040-D of this Title. Parking is limited to lawfully paved areas approved by the City. No parking for the accessory dwelling unit is required if any one (1) of the following conditions are met:

a. The unit is located within one-half of one mile of walking distance of public transit.

b. The unit is located within an architecturally and historically significant historic district.

c. The unit is part of (i.e., contained within) the footprint of the primary single-family dwelling or an accessory building unit.

d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

e. When there is a car share vehicle located within 1 block of the unit.

f. When an existing garage, carport, or covered parking structure is demolished in conjunction with the development or conversion of an ADU, replacement off-street parking for the main dwelling unit shall not be required.

g. When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in this paragraph.

9. Location of Parking. Parking required or proposed for the accessory dwelling unit may be located in the following locations, as approved by the City, ordered from most preferred to least preferred:

a. A garage, carport, or covered space on a driveway; which complies with required setbacks for both primary and accessory structures.

b. An uncovered tandem space on a driveway.

c. Within the required street side yard setback.

d. Within the required side or rear yard setback subject to screening.

e. Within the required front yard setback.

f. Parking in setbacks and tandem driveway parking remain subject to the Building Code regarding egress and any other applicable site specific fire and/or life safety conditions of approval as determined by the Building Official.

g. On-site parking required for the accessory dwelling unit shall be maintained and available for parking purposes at all times.

10. Vehicular Access.

a. The accessory dwelling unit shall utilize the same vehicular access that serves the existing main dwelling unit, unless:

i. The accessory dwelling unit has access from an alley contiguous to the lot; or

ii. The lot is a corner lot with a second driveway, and the second driveway is located on the side street; and

iii. A second driveway does not result in the loss of an on-street parking space.

b. No passageway connecting the accessory dwelling unit to a street is required. Each accessory dwelling unit or junior accessory dwelling unit shall maintain independent exterior access from the existing residence.

11. Way Finding. Each unit shall display address in compliance with the current California Residential Code as adopted and amended by the City.

12. Utilities. All utilities servicing the accessory dwelling unit or junior accessory dwelling unit may be metered in conjunction with the primary dwelling, in compliance with Government Code Section 65852.2(f).

13. Restricted Areas. Accessory dwelling units or junior accessory dwelling units shall not be allowed where roadways, public utilities and services are inadequate with reference to objective and published thresholds established by the utility or service provider. To ensure access by public safety vehicles, an accessory dwelling unit may not be located on a lot that fronts a roadway that is narrower than the minimum road width standards established by the Orange County Fire Authority's Master Plans for Commercial and Residential Development (as the same may be amended from time to time), unless:

a. One (1) on-site parking space is provided for each bedroom included in the accessory dwelling unit; and

b. Replacement on-site parking spaces are provided for any parking spaces that are lost or converted to accommodate the accessory dwelling unit; or alternatively.

c. A conditional use permit is issued pursuant to Section 19.128.020 of this Code, provided that the conditional use permit shall be approved if affirmative findings are made based on the following criteria:

i. Adequate street access and traffic capacity are or will be available to serve the proposed development as well as existing and anticipated development in the surrounding area; and

ii. Adequate utilities and public services are or will be available to serve the proposed development as well as existing and anticipated development in the surrounding area.

14. Building and Fire Codes. The property owner shall comply with all current State and local building and fire codes. Fire sprinklers are not required for the accessory dwelling unit or junior accessory dwelling unit if they are not required for the primary residence or multi-family dwelling. The construction of an ADU, by itself, shall not trigger requirements to install fire sprinklers in any existing main dwelling.

15. Park Fees. For accessory dwelling units of 750 square feet or more, a proportionate amount of Park Land Dedications and In-Lieu Fees shall be paid, based upon the square footage of the primary dwelling unit as computed per Chapter 18.64 of Title 18 of the Buena Park City Code. For accessory units located on multifamily properties, Park Land Dedications and In-Lieu Fees shall be calculated based upon a proportion of the total number of units in the dwelling.

16. Objective Design Standards. Accessory dwelling units or junior accessory dwelling units shall incorporate the same architectural features, building materials, and color as the main dwelling unit on the property. These features shall include, but are not limited to, roofing material, roof design (i.e., slope, style), fascia, exterior building finish, color, exterior doors, windows, garage door, and architectural enhancements.

When an existing garage is converted into a JADU/ADU, the existing garage door, if visible from public or private right-of-way, shall be eliminated and replaced with a wall, windows, door, or other exterior design features which are architecturally consistent with the exterior design of the structure and the main dwelling.

Second story windows and glass doors shall be located to retain privacy between properties through such methods as offset or clerestory placement, use of opaque or view-obscuring glass.

Manufactured homes shall be equipped with skirting to give the appearance of the manufactured home being located on grade. Synthetic materials of a similar appearance to the materials of the structure of the main dwelling and equivalent durability shall be permitted. Exterior siding shall be installed from the exterior finished grade to a point at or near the roof. However, if an approved solid wood, metal, concrete, or masonry perimeter foundation is used, the siding need not extend below the top of the foundation.

17. Separate Sale Prohibited. An accessory dwelling unit may not be sold separately from the primary residence.

18. Short-Term Rental Prohibited. The minimum rental term of the accessory dwelling unit shall be no less than 30 days.

19. Demolished or Destroyed. If the accessory dwelling unit is demolished or destroyed, or if the accessory dwelling unit is modified such that it no longer complies with this section, the property owner shall return the lot and all improvements into a condition that complies fully with applicable land use and building standards set forth in this Code. The property owner shall apply for any and all permits necessary to complete the scope of work, as required under the City's building and fire codes.

20. Specific Junior Accessory Dwelling Units Requirements. Notwithstanding anything contrary in this section, the requirements and standards of this subsection shall apply specifically to junior accessory dwelling units.

a. The owner of the single-family lot shall occupy the single-family dwelling, any accessory dwelling unit that may exist on the lot in compliance with this section, or the junior accessory dwelling unit as their principal place of residence.

b. As a condition to obtaining a building permit for a junior accessory dwelling unit, the property owner shall file with the County Recorder a declaration or agreement to restrictions, containing a reference to the deed under which the property was acquired by the owner and stating that:

i. The junior accessory dwelling unit cannot be sold separately from the primary residence; and

ii. The size and attributes of the junior accessory dwelling units shall conform at all times with the requirements of California Government Code Section 65852.22 and the Buena Park Municipal Code; and

iii. Minimum rental term of either the junior accessory dwelling unit or primary residence shall be no less than 30 days; and

iv. The restrictions shall be binding upon any successor in interest and ownership of the property and lack of compliance may result in legal action against the property owner to compel compliance with this section.

c. A junior accessory dwelling unit shall include: a separate entrance from the main entrance to the proposed or existing single-family residence; and an efficiency kitchen, which shall include a cooking facility with appliances, and a food preparation counter or counters that is of reasonable size in relation to the size of the junior accessory dwelling unit.

d. When an existing garage, carport, or covered parking structure is demolished in conjunction with the development or conversion of a JADU, replacement off-street parking is required.

e. A junior accessory dwelling unit that does not include a separate bathroom shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

f. The owner of a property with a junior accessory dwelling unit shall reside in one of the dwelling units on the property. This owner-occupancy requirement shall not apply to a junior accessory dwelling unit owned by a governmental agency, land trust, or housing organization.

(Ord. 1642 § 3, 2018; Ord. 1674 § 4, 2020; Ord. 1686 § 4, 2020; Ord. 1697 § 2, 2021; Ord. 1736, 3/26/2024)

§ 19.348.020 Single-Family Cluster Housing.

A. Purpose. The purpose of this section is to encourage single-family residential design which contributes to community objectives for open space, energy conservation, and architectural harmony.

B. Density.

1. Where contiguous sites for 4 or more single-family dwelling units are to be developed, the dwelling unit density may be increased by up to 20% of the density otherwise allowed (as provided in Section 19.308.020). Approval of such density increase shall be accomplished as part of the subdivision map approval procedure (Title 18), and shall be based upon an objective evaluation of the degree to which the purposes of this section will be achieved by the design proposed in comparison with typical projects meeting the normal requirements of the City. In order to accomplish such evaluation, the conditional use permit review procedure prescribed by Section 19.128.020 shall be conducted concurrently with the tentative tract map procedure under Title 18 of this Code and the State Subdivision Map Act. If a cluster housing plan is approved, the recording of a final tract map shall be a condition of the conditional use permit approval.

2. Notwithstanding other provisions of this Division, a project approved under this section may include lots to be held in separate ownership which do not meet the site requirements otherwise applicable, provided the project site as a whole, including any land parcels to be held in common, satisfies the overall density requirement established. If any land parcels to be held in common ownership are created, it shall be a condition of the tentative tract map and site plan approvals that an association of owners be established similar to that required for residential condominium projects under Section 19.448.030 of Division 4.

C. Development Standards.

1. Notwithstanding other provisions of this Division, an approval under this section may include waivers of the front, side, and rear yard and space between building regulations otherwise applicable if it is determined that the project design offers at least equal safety and privacy with superior environmental quality.

2. Common Useable Open Area. For single family cluster housing developments of 10 or more dwellings, a common usable open area shall be provided with at least two hundred square feet per dwelling unit for the first twenty units, plus one hundred fifty square feet per dwelling unit for each additional dwelling unit. The minimum dimension of such common usable open area shall be 10 feet in each direction and the least horizontal dimension shall be at least one-third of the greatest horizontal dimension.

3. Lot Coverage. The lot coverage for individual lots within a single family cluster development may exceed the maximum allowable 40 percent, provided that the total lot coverage of all structures within the development does not exceed 40 percent of the net project area, excluding common vehicular streets, driveway aisles, and guest parking.

4. Parking. The entire single-family cluster housing development shall provide a minimum of 5.2 parking spaces per home with up to four bedrooms and 5.5 parking spaces per home with five or more bedrooms. Each home shall maintain a minimum 440 square feet garage consisting of 2 parking spaces 10 feet in width and 20 feet in length. Non-garage parking spaces may be located on streets, public or private, or within a driveway directly in front of the garage provided that the driveway has a minimum width of 8 feet per space and minimum length of 20 feet and is not shared with any other property.

(Ord. 1315 § 11, 1994; Ord. 1445 § 4, 2003)

§ 19.348.030 Home Occupations.

A. Purpose. The purpose of this section is to eliminate the detrimental effects of occupational activities in residential areas by setting forth reasonable and necessary limitations on such activities.

B. Uses Permitted. No home occupation shall be conducted which, in order to be successfully operated, would necessitate exceeding the limitations set forth in this section or any other provision of this Division.

C. Limitations.

1. Any sales activity shall be conducted only by mail or telephone.

2. The space occupied by home occupations shall be limited to one room in a dwelling unit. Garages and accessory buildings shall not be used for a home occupation.

3. There shall be no interior or exterior remodeling or change in appearance of a dwelling in order to accommodate a home occupation.

4. There shall be no signs or other structures except those permitted for a dwelling use in the zone.

5. There shall be no indoor or outdoor storage of materials or equipment pertaining to a home occupation.

6. Materials and equipment used in a home occupation shall be only of a type normally used in connection with household activities or hobbies.

7. Employment in a home occupation shall be limited to members of the resident family.

8. There shall be no transportation by commercial vehicle of materials or other items used in or produced by the home occupation.

9. No vehicular or pedestrian traffic shall be generated by the home occupation.

10. A home occupation shall not place any added burden or demand on utility services or community facilities.

11. A home occupation shall not present any external evidence of nonresidential activity such as by appearance, noise, vibrations, odors, lighting, or signs.

§ 19.348.040 Yard Sales.

A. Purposes. The purposes of this section are to control the nature and frequency of yard sales in residential areas in order to maintain the noncommercial character of such areas and to prevent excessive traffic congestion and noise in such areas.

B. Location, Frequency, and Time. In any RS zone, on any one lot in residential use, a yard sale may be conducted on not more than two consecutive days in any six-month period. Sales shall be conducted only between eight a.m. and sunset.

C. Limitations. Items displayed, offered, or sold at a yard sale shall be only household items which have been in regular use or storage for six months or more on the same premises.

§ 19.348.050 Animal Keeping.

A. Purpose. The purpose of this section is to reasonably control the number and types of animals being maintained within the City in order to protect the peace, health, and safety of residents and to preserve the urban and suburban quality of the environment.

B. Animals Allowed. No animal shall be kept or maintained within the RS zones except as follows:

1. Household Pets. Not more than three dogs and three cats per household plus any unweaned litter from such pets not over six months old, and parrots, canaries, and other house birds of a similar nature. Rabbits and fowl (other than house birds) are prohibited except in an A Overlay Zone subject to the provisions of Section 19.312.040. In addition, the following types of animals may be kept as household pets: hamsters, guinea pigs, white rats, white mice, turtles, salamanders, newts, chameleons, kangaroo rats, not more than three nonpoisonous reptiles not over six feet long, any nonpoisonous toad, lizard or spider, and other animals of a similar nature as may be determined by interpretation pursuant to Section 19.128.010.

2. Beekeeping may be permitted only within the A Overlay Zone, subject to the requirements of Section 19.312.040.

3. Domesticated animals such as horses, mules, cows, goats, or sheep may be kept only within the A Overlay Zone subject to the requirements of Section 19.312.040.

4. Animals may be kept in an educational institution for the purpose of instruction, provided such animals are securely confined and properly cared for in a manner satisfactory to the Orange County poundmaster;

C. Limitations.

1. No person shall keep, maintain, or permit on any lot, parcel of land or premises under his or her control, any animal which by any sound or cry disturbs the peace and comfort of the inhabitants of the neighborhood or interferes with any person in the reasonable and comfortable enjoyment of life or property. Nor, shall any person maintain any animals in such a manner as to cause the breeding of flies or the creation of obnoxious odors, or in any manner which becomes or is a nuisance or health hazard.

2. All animals shall be kept under control at all times by leash, fences, pens, corrals, cages, or suitable enclosures within buildings.

3. All animal-keeping structures shall conform to any applicable zoning and building code requirements.

4. Any premises where animals are kept shall be open to reasonable inspection by City personnel and other public officers have responsibility for enforcement of animal-control regulations.

§ 19.348.060 Agricultural Use.

A. Findings and Purpose. It is found that an agricultural use as a commercial enterprise may provide an acceptable interim land use for certain undeveloped or under-utilized properties within the City. The purpose of this section is to minimize any adverse effects with the surrounding properties.

B. Uses Permitted. Except for properties designated with the A Overlay Zone, the type and extent of agricultural uses, as well as any related uses, shall be established and restricted by the terms of a conditional use permit.

C. Site Requirements.

1. Except for property designated with the A Overlay Zone, the minimum lot area for an agricultural use shall be 4 acres.

2. The site for an agricultural use shall have a minimum frontage of 150 feet with a secondary or greater highway, as designated in the Buena Park General Plan.

D. Development Standards. All development standards including, but not limited to, building design and materials, setbacks, and parking improvements shall be determined through the conditional use permit process.

§ 19.348.070 Emergency Shelters.

A. Required to be incidental to a religious assembly use.

B. The maximum number of beds/persons permitted to be served nightly shall be based on the individual capacity of the building and overall facility and shall not be less than 50 square feet per person served. Shelters are limited to 30 occupants per site as a principal permitted use, consistent with Cal. Gov't Code Section 65583(4)(A).

C. Maximum stay at the facility shall not exceed 180 days in a 365-day period.

D. Facility location shall be within a 1/2 mile radius from an OCTA bus stop, as measured from the property line.

E. A minimum distance of 300 feet shall be maintained from any other emergency shelter.

F. A minimum of 1 staff member per 15 beds shall be awake and on duty when the facility is in operation.

G. A minimum of 1 parking stall for every 4 beds or 1/2 parking space for each bedroom designated for family units with children, plus 1 parking stall for each employee/volunteer on duty, shall be maintained.

H. Bike rack parking shall also be provided by the facility.

I. Exterior lighting shall be provided for the entire outdoor area of the site consistent with the provisions of Section 19.536.070(G).

J. On-site client waiting and intake areas shall be located internally in the building where feasible. If not feasible, a waiting area shall be provided which contains a minimum of 10 square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right-of-way, shall be visually separated from public view by minimum 6-foot tall visually screening mature landscaping or a minimum 6-foot tall decorative masonry wall, and shall provide consideration for shade/rain provisions.

K. Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view. Any outdoor storage areas provided shall be screened from public view by minimum 6-foot tall visually screening mature landscaping or a minimum 6-foot tall decorative masonry wall.

L. Facility improvements shall additionally provide:

1. A minimum of 1 toilet for every 8 beds per gender;

2. A minimum of 1 shower for every 8 beds per gender; and

3. Private shower and toilet facility for each area designated for use by individual families.

M. An operational plan shall be provided for the review and approval of the Community Development Director. Plans may be required to address additional specific needs as identified by the Director. The approved operational plan shall remain active throughout the life of the facility and updated as necessary. At a minimum, the plan shall contain provisions addressing the topical areas outlined below:

1. Security and safety - addressing both on- and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas within the facility;

2. Loitering control - with specific measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site;

3. Management of outdoor areas - including a system for daily admittance and discharge procedures and monitoring of waiting areas with a goal to minimize disruption to nearby land uses;

4. Staff training - with objectives to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income;

5. Communication and outreach with objectives to maintain good communication and response to operational issues which may arise from the neighborhood, City staff, or the general public;

6. Screening of clients for admittance eligibility - with objectives to provide first service to Buena Park residents;

7. Counseling programs to be provided with referrals to outside assistance agencies, and provide an annual report on this activity to the City; and

8. Litter control - with an objective to provide for the timely removal of litter attributable to clients within the vicinity of the facility.

N. The facility may provide the following services in a designated area separate from sleeping areas:

1. A recreation area either inside or outside the shelter;

2. A counseling center for job placement, educational, health care, legal, or mental health services;

3. Laundry facilities to serve the number of clients at the shelter;

4. Kitchen for the preparation of meals;

5. Dining hall;

6. Client storage area (i.e., for the overnight storage of bicycles and personal items); or

7. Similar services geared to homeless clients.

(Ord. 1564 § 3, 2013)

§ 19.348.080 Residential Short-Term Rentals.

A. Scope, Purpose and Findings. The purposes of this section are to:

1. Document the procedures and regulations that govern the application for, and the issuance and implementation of, permits for the operation of any residential short-term rental use within the City.

2. Establish that transient occupancy uses are not permitted or conditionally permitted in residential or non-residential zoning districts, unless either: (a) the City has approved a hotel use in a nonresidential zoning district pursuant to Title 19; or (b) the City has approved a short-term rental permit pursuant to this section.

B. Definitions.

Advertise.

"Advertise" means any communication that induces or encourages any person to rent for transient occupancy purposes, or that provides information (to any person) that promotes the availability to rent for transient occupancy purposes, any building in the City.

Applicant.

"Applicant" means any person, who seeks approval of a short-term rental permit under the authority of this section.

Authorized agent.

"Authorized agent" means the person specifically authorized by a short-term rental host in lieu of themselves as the 24-hour emergency contact for a lawfully operating short-term rental.

Bedroom.

"Bedroom" means a room within a dwelling unit, other than a kitchen, living room or dining room, which could be used for sleeping purposes, is provided with natural light and natural ventilation, and is separated by a door or archway from the rest of the dwelling unit. "Code" means the Buena Park Municipal Code.

Director.

"Director" means the Director of the Community Development, or designee.

Enforcement officer.

"Enforcement officer" means the Director, Building Official, Fire Marshall, City Code Enforcement Officer, or any other City employee designated by the Director or City Manager to enforce this section.

Guest.

"Guest" means an invitee of a renter or other person visiting a renter of a short-term rental unit who is not listed on the rental agreement.

Host.

"Host" means a person or persons holding fee title to the real property that is the subject of a short-term rental permit and to whom the short-term permit is issued.

Owner.

"Owner" means a person or persons, not a corporation or a limited liability company, holding fee title to the real property.

Renter.

"Renter" means a person or persons, not a host, who have lawfully obtained the exclusive use and possession of the short-term rental property or portion thereof from its host or authorized agent.

Resides.

"Resides" means legal residence, also referred to as primary residence of a property owner, as reflected in title records, as evidenced by homeowner's exemption, voter registration, vehicle registration, or similar means.

Short-term rental.

"Short-term rental" means the renting of any portion of any structure or residential dwelling unit for a period of not less than 12 hours and for a maximum of 29 consecutive days to a particular occupant. A short-term rental shall not be considered as a hotel, extended stay hotel, motel or corporate apartment.

Short-term rental unit.

"Short-term rental unit" means the structure or residential dwelling unit in which the short-term rental use is permitted to operate, pursuant to a permit issued in accordance with this section.

Sign.

"Sign" shall have the same meaning as the term used in Title 19 Division 9 of this Code.

Transient occupancy.

"Transient occupancy" shall have the same meaning as the term is used in Chapter 3.16 of this Code.

C. Short-Term Rental Permit Application. No short-term rental may operate without a permit as required by this Section 19.348 of the Buena Park Municipal Code.

1. The Director shall accept written applications for short-term rental permits in accordance with this section. The Director shall make a decision and provide that decision in writing within 6 weeks of the date of receipt of a complete application.

2. Each application for a short-term rental permit shall be on a City-provided form and shall include the following information and documentation, signed by the host, and otherwise in a form acceptable to the Director:

a. Location of real property where a short-term rental use is proposed.

b. Identity of the host(s) of the real property on which the short-term rental is proposed (include the name, mailing address, email address, and 24-hour telephone number). Identity of the authorized agent on behalf of the host (include the name, mailing address, email address, and telephone number).

c. Provide adequate documentation such as driver's license, voter registration, vehicle registration, utility bills or property tax records showing name of the host(s) and the short-term rental property address that establishes the host resides at the short-term rental unit as their primary residence.

d. A sketch of the floor plan, which identifies sleeping areas, proposed maximum number of guests, evacuation route(s), location of fire extinguisher(s), and approximate square footage in the vacation rental unit.

e. The maximum number of vehicles allowed for overnight occupants, including host's and other long-term residents' vehicles and location of designated on-site parking spaces. All required garage spaces will be used for storage of operable vehicles.

f. Written acknowledgement and agreement that the owner(s) have read and agree(s) to all regulations pertaining to the operation of a short-term rental, including this section, the City's business license requirements (Title 5.00 of this Code), the City's transient occupancy tax requirements (Chapter 3.16 of this Code), and any additional administrative regulations promulgated by the Director to implement this section.

g. Copy of the standard rental agreement to be used by the short-term rental host, including 'house rules', and any associated materials as required by subsection E.5 of this section. Written acknowledgement and agreement that claims, requests, objections and arguments not set forth in the short-term rental permit application, prior to the final decision on the permit, are and shall be deemed waived to the maximum extent permitted by law.

h. Written agreement that any and all use of the property for short-term rental/transient occupancy purposes shall cease upon the expiration or revocation of the short-term rental permit.

i. Written agreement to hold harmless, indemnify and defend the City, its elected officials, officers, employees, contractors, volunteers, and agents, against any and all claims and liabilities arising out of, or related to the issuance of the short-term rental permit, to the maximum extent permitted by law.

j. Declaration under penalty of perjury that the information submitted is accurate and truthful, and that the applicant agrees to comply with all conditions of the permit and this section.

k. Payment of the application and processing fee established by City Council resolution based on the City's estimated reasonable costs to process and review the application materials, and to mail notice to property owners within 300 feet.

l. Previous active or expired short-term rental permits on the property.

m. Letter of No Objection from the Home Owner's Association (if applicable).

n. Any other information that the Director deems reasonably necessary to administer this section.

3. Applications shall not be considered complete until all documentation required under this section has been submitted, and until the full application and permit fees have been paid. Incomplete applications will not be processed.

D. Decision on Application. The Director shall process and evaluate permit applications pursuant to this section.

1. If the Director determines that an applicant has failed to satisfy the application requirements of subsection C of this section, the Director shall provide written notice to the applicant that the application has been denied and the basis for the denial.

2. Director will mail notice of applicant's request to property owners within 300 feet of the subject property. The Director will consider any written comments received within 10 days of the mail of the notice, in his or her decision on the application.

3. Property line of the property that is the subject of the permit application shall not be within 300 feet of the nearest property line of any other short-term rental (approved or conditionally approved by the Director pursuant to this section).

4. If the Director determines supplemental evidence at a public hearing is warranted in order to determine whether an applicant will adequately mitigate potential adverse impacts to the public health, safety, or welfare due to substantial concerns raised by neighbors, or to evaluate the impacts of a concentration of uses, under subsection D.3 above, the Director shall notice a public hearing of the Planning Commission. The Planning Commission is authorized to deny, approve, or conditionally approve the permit in accordance with the criteria set forth in this section, particularly subsection C of this section. The Planning Commission's decision shall be final.

5. If the Director determines that an applicant has satisfied the application requirements of subsection C of this section, and that the applicant has borne the burden of proving that the applicant will adequately mitigate potential adverse impacts on the public health, safety, and welfare, the Director shall provide written notice to the applicant that the short-term rental permit is approved or conditionally approved, subject to compliance with the conditions identified by the Director in the notice. The conditional short-term rental permit shall be effective upon receipt of the applicant's written agreement to comply with all permit conditions set forth in the notice, and all requirements of this section and such date shall be set forth in the permit.

6. Upon the Director's receipt of the signed agreement, the Director shall provide written notice to all property owners within 300 feet of the conditional or otherwise, approval of the short-term rental permit, which shall include the following:

a. A concise summary of the terms of the permit, including: (i) the maximum number of occupants permitted to stay in the short-term rental unit; (ii) any special conditions or restrictions applied to the short-term rental permit; and (iii) how to obtain a complete copy of the permit and this section.

b. The City's Code Enforcement telephone number at which members of the public may report violations of this section, the short-term rental permit, and any permit conditions.

E. Conditions Applicable to Permits. Each short-term rental permit issued pursuant to this section shall be subject to all of the following requirements:

1. Short-term rentals are permitted in single-family residential dwelling unit only. Use of portions of a unit for "day-use" for portions of a day shall not be permitted.

2. The host is required to reside on the property on which the short-term rental is located. Further, a sleeping area must, at a minimum, include shared use of a full bathroom.

3. The host shall comply with all requirements of and be subject to the Business License Fees (Title 5 of this Code) and the Transient Occupancy Tax (TOT) (Chapter 3.16 of this Code) for the short-term rental use. The TOT may be remitted by the hosting platform on behalf of the host. The host shall have the duty and liability to ensure timely remittance of the TOT to the City in compliance with Chapter 3.16 of this Code.

4. The host shall permit the Enforcement Officer to conduct an annual inspection of the short-term rental premises to confirm compliance with this section. The City shall notify the permittee of the scheduled inspections at least 2 weeks in advance.

a. The property address shall be visible from the street and in contrasting colors for quick identification by emergency responders.

b. Smoke detectors shall be installed per the California Building Code.

c. No double keyed dead bolts may be installed on exit doors.

d. A fully charged, portable fire extinguisher shall be provided in an easily accessible and clearly designated area.

e. Exit doors may not be obstructed and/or prohibited from fully opening.

f. Clearance from ignition sources such as luminaries, heaters and flame-producing devices shall be maintained in an approved manner.

g. Hot ashes or coals shall be disposed in a metal container with a tight-fitting lid and kept a minimum of 10 feet from any structures.

h. Wood burning fire pits are not allowed.

i. No electrical wiring may be exposed or open in any outlet, switch or junction.

j. The electrical breaker box shall be labeled for distribution to appliances and may not contain any open slots.

k. There shall be no unpermitted improvements or modifications to the home or garage.

l. An informational packet of emergency numbers shall be prepared for renters to direct them in the event of an emergency.

m. Each bedroom that is a part of the short-term rental use shall have an emergency escape or rescue exit plan posted.

n. All swimming pools and spas must meet 2 of the 7 safety features listed below, as defined in Article 2.5 of the State of California Health and Safety Code.

i. An enclosure that meets the requirements of California Health and Safety Code Section 115923 and isolates the swimming pool or spa from the private single-family home.

ii. Removable mesh fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.

iii. An approved safety pool cover, as defined in subdivision (d) of California Health and Safety Code Section 115921.

iv. Exit alarms on the private single-family home's doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that "the door to the pool is open."

v. A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the private single-family home's doors providing direct access to the swimming pool or spa.

vi. An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F2208 "Standard Safety Specification for Residential Pool Alarms," which includes surface motion, pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.

vii. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME).

5. Short-term rental host shall be responsible for informing their renters of the "house rules." Such rules shall, at a minimum, include rules as explained in this paragraph. As part of the application for rental, the prospective renter shall sign an agreement acknowledging the house rules and promising to comply with the following:

a. A copy of the house rules, and the short-term rental permit shall be posted in a prominent location inside the short-term rental unit.

b. The permittee shall provide access to the garage of the residence if that area has been included in the determination of the number of available on-site spaces for renters.

c. It is the intent of the City to enforce all applicable provisions of State law related to the provision for emergency vehicle access. Accordingly, no limousine or bus parking, and no stopping without the driver's presence, shall be allowed in any manner that would interfere with emergency vehicle access. In the event of an emergency, the vehicle driver shall immediately move the vehicle from the emergency access area.

d. Renter and/or guests of the short-term rental unit shall maintain the property free of debris both on-site and in the street. Trash cans shall be maintained in a clean and sanitary manner in conformance with this Code. Trash cans shall not be placed on the street prior to 24 hours before pick up day and shall be promptly removed from the street following service.

e. Quiet times shall be from 10:00 p.m. to 7:00 a.m.

f. The renters and/or guests of the short-term rental shall not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this Code or any State law pertaining to noise or disorderly conduct. Further, the permittee shall contact the Police Department in the event renters or guests fail to comply with this subsection.

g. No short-term rental unit may be used for any wedding, auction, commercial function, or other similar event that is inconsistent with residential uses permitted by this Code.

h. Pets may be permitted by the short-term rental business host, provided the pet is attended to at all times and has current vaccinations.

i. Discharge of fireworks is prohibited except on the 4th of July, between the hours of 10:00 a.m. and 10:00 p.m.

j. Maximum occupancy permitted within the active short-term rental permit.

6. No person shall advertise the use of a building in a residential or nonresidential zoning district of the City for a transient occupancy use unless: (a) the use is a hotel use in a nonresidential zoning district approved by the City pursuant to Title 19; or (b) there is a current City issued short-term rental permit for the property. All advertisement for short-term rentals must include the City issued short-term rental permit number.

7. There shall be no signs or other structures except those permitted for a dwelling use in the zone.

8. Pools and hot tubs shall have the hours of operation clearly posted adjacent to the facility. Hours shall comply with the hours set forth in subsection E.5.e.

9. Lighting on premises shall be directed, controlled, screened, or shaded in such a manner as not to shine directly on surrounding premises. Lighting on premises shall be controlled so as to prevent glare on driveways, walkways, and public thoroughfares. The use of unshaded clear bulbs in exterior lighting is prohibited.

10. A short-term rental shall not operate on a property where an accessory dwelling unit exists. A short-term rental permit shall become void upon approval of an accessory dwelling unit on a property.

11. Structures not built for habitable use such as but not limited to tents, trailers, tree houses, garage, storage shed; or temporary structures such as recreational vehicles shall not be used for short-term rentals or to satisfy the host occupant requirement of this section.

12. A host shall maintain liability insurance of not less than $1,000,000.00 to cover each short-term rental unless such short-term rental is offered through a hosting platform that maintains equal or greater coverage.

13. Maximum occupancy of a residential unit with an active short-term rental permit shall be limited to 2 adults per bedroom and 2 additional adults for the entire unit. There is no occupancy limitation on the number of accompanied children under the age of 18.

14. All short-term rental hosts must maintain a detailed and accurate record of their guest information pertaining to hosting dates, and financial documentation, and make this information available to relevant authorities upon request. Hosts must keep this record for 5 years and may be audited to ensure tax compliance.

15. For each short-term rental use:

a. The host or the authorized agent must be available to the Enforcement Officer and the renter, by telephone 24 hours per day, 7 days per week when the short-term rental is rented.

b. The host or authorized agent must be on the premises of the short-term rental unit within one hour of being notified (by a renter, or by the Director or Enforcement Officer) that there is a need for the host or the authorized agent to address an issue of permit compliance or the health, safety, or welfare of the public or the renter.

16. Only one short-term rental permit within the City, per individual shall be in effect at any time.

F. Restrictions on Permit Transfer. Each short-term rental permit issued in accordance with this section shall be personal to the host to whom the permit is issued, and no person shall transfer, or attempt to transfer, the permit to any other person, unless the transfer is made in accordance with this section. Any attempt to transfer a short-term rental permit, or use a transferred short-term rental permit, that is not transferred in accordance with this section shall be void, and shall constitute a violation of this Code.

1. A short-term rental permit shall not be transferred by any person.

2. If the residence is sold to a new owner, the permit is void and the new owner will need to apply for a new short-term rental permit in their own name.

3. If the permit requires a name change due to a partial change in ownership, the new owner(s) can be added or removed from the permit by written notice to the Director. The written notice must include the reason for the change, documentation partial change in ownership, such as marriage certificate, divorce decree etc., the name(s) and contact information to be removed and the name(s) and contact information to be added. All parties on the current permit and any new parties, must sign and the document must be notarized.

G. Permit Renewal and Annual Review.

1. Unless revoked by the Director earlier pursuant to this section, a permit to operate a short-term rental expires 3 years after the date of its issuance.

2. A host shall apply for renewal prior to the expiration of the permit on a form provided by the Director no later than 30 days prior to its expiration. The host shall update the information contained in the original permit application required per this Section, if any information has changed. The host shall sign a statement affirming that there is either no change in the information contained on the original permit application and any subsequent renewal applications, or that any information that has been updated is accurate and complete.

3. An application for permit renewal received after the expiration of the current permit shall be treated as an application for a new permit set forth in this section.

4. The Director shall follow the procedures set forth in this chapter when determining whether to renew a permit.

5. Upon expiration of any short-term rental permit, it shall be of no further force, validity or effect, and use of the property for transient occupancy purposes shall cease.

6. An annual inspection shall be conducted. The host shall submit to the Director the annual inspection fee along with all of the information set forth in this section.

a. The host shall pay the annual inspection fee established by City Council resolution based on the City's estimated reasonable costs to perform the annual inspections identified in this section.

b. The host shall comply with the requirements of subsection E.

c. The host shall document compliance with all requirements of the Business License Ordinance (Title 5 of this Code).

d. The host shall provide evidence of compliance with all requirements of the Transient Occupancy Tax Ordinance (Chapter 3.16 of this Code), as may be required by the Director. The host shall also document each date on which the short-term rental was rented during the previous term of the permit (if applicable).

H. Director's Action Following Annual Inspection. Following an annual permit inspection:

1. If the Director determines that the host is in compliance with all requirements of this section and the permit, the Director shall provide written notice to the host and authorized agent that the inspection passed.

2. If the Director determines that the host has failed to comply with this section or the permit conditions, the Director shall provide written notice of the inspection failure, listing what defects were found. The host shall be allowed to remedy any defect as identified by the Director, by submitting proof of remedy within 30 days. If the permittee does not submit proof of remedy within 30 days, subsection J of this section shall be followed.

I. Permit Modification, Suspension, or Revocation.

1. At any time during the term of a short-term rental permit, the Director may modify, suspend, or revoke the short-term rental permit (or pursue any other remedy set forth in Title 1 of this Code), if the Director makes any of the following findings:

a. A short-term rental use is detrimental to the public health, safety, or welfare; or

b. The host has provided false or misleading information in connection with any submittal required under this section or this Code; or

c. The host is in violation of, or has failed to comply with, any requirements of this section, the permit terms and conditions, this Code, or any State or Federal law; or

d. If the host has not rented the short-term rental for a minimum of 10 total days within any 12-month period.

2. In the event the Director finds any of the above findings and orders the modification, suspension, or revocation of a short-term rental permit (whichever the case may be), the Director shall provide written notice to the permittee of his or her decision by certified mail to the name and address listed on the permit.

J. Violation and Penalties.

1. It is unlawful for any person to violate any provision or fail to comply with any requirement of this section. Any person who violates any provision of this section, or fails to comply with any obligation or requirement of this section, or who fails to comply with any order or notice issued pursuant to the provisions of this section, is guilty of a misdemeanor offense punishable in accordance with Chapter 1.04 of this Code. Nothing in this section shall prevent the city attorney or city prosecutor from prosecuting a violation of this chapter as an infraction, at his or her discretion, as set forth in Chapter 1.04 of this Code.

2. Each violation of this section shall be a separate offense for each and every day, or part thereof, during which a violation of this section, or of any law or regulation referenced herein, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly.

3. In addition to the remedies set forth in this section, any person who violates any provision of this section, or fails to comply with any obligation or requirement of this section, or who fails to comply with any order or notice issued pursuant to the provisions of this section, is subject to any and all civil and administrative penalties and remedies authorized under Chapter 1.04 of this Code.

4. Public Nuisance. In addition to the penalties provided by this section, any condition or activity caused or permitted to exist in violation of any provision, restriction, or requirement of this section or any notice, order, or permit issued pursuant to this section, shall be deemed a public nuisance and may be summarily abated by the city by any and all means (civil, administrative, and/or equitable) as provided by law or in equity.

K. Appeals. Any determination made by the Director pursuant to this section shall be final unless appealed pursuant to the requirements of this section.

1. Any decision by the Director to approve, conditionally approve, or deny a permit application, or to modify, suspend, or revoke a permit, or to impose any penalty or undertake any enforcement action permitted herein, may be appealed only to the Planning Commission. A written appeal must be received by the Director within 10 business days of the date the appealed decision was rendered or action was taken. Upon receipt of an appeal within 10 working days, the Director will schedule a public hearing before the Planning Commission. The Planning Commission may affirm, reverse, or conditionally reverse the Director's decision and the Planning Commission's decision shall be final.

2. Failure to file an appeal within 10 business days of the date the appealed decision was rendered, or action was taken shall constitute a waiver of the appeal and a failure to exhaust administrative remedies, and shall preclude any and all relief and claims arising in connection with the determination by the Director pursuant to this section.

(Ord. 1675 § 2, 2020)