A.
Purposes. The purpose of this section and Section 19.408.030 of this Division is to offer recognizable reductions in building costs to promote the City's commitment toward available affordable housing.
B.
Development Incentives.
1.
For any rental housing development utilizing the affordable housing bonus provision of Section 19.408.030; the following development standards may be reduced, under site plan review, in exchange for the period of commitment of available affordable housing units as specified under Section 19.408.020:
a.
Open Area. The minimum required open area of Section 19.420.010 may be reduced to 38 percent, with not more than 1 percent reduction in the common useable open area of Section 19.420.020.
b.
Building Coverage. The maximum building coverage of net lot area of Section 19.416.040 may be increased to not more than 42 percent.
c.
Yards. The minimum required side and rear yards of Sections 19.420.060 and 19.420.070 may be reduced up to 10 percent for such non-building floor area items such as stairways, walkways, balconies, and related building supports.
d.
Parking Stall Width. Required minimum parking stall widths for regular parking stalls, other than within a garage or carport, of Section 19.436.070 may reduced to 9 feet.
2.
For an elderly housing development utilizing the affordable housing bonus provision of Section 19.408.030; the following additional development standards may be reduced, under site plan review, in exchange for the period of commitment of available affordable housing units as specified under Section 19.408.030:
a.
Residential Building Floor Area. The minimum floor area of each dwelling unit in Section 19.416.050 may be reduced to the following:
|
Minimum Floor Area
| |||
|---|---|---|---|
|
Zero* Bedroom Unit
|
One Bedroom Unit
|
Two Bedroom Unit
|
Three or Plus Bedroom Unit
|
|
450 sq. ft.
|
600 sq. ft.
|
800 sq. ft.
|
900 sq. ft. plus 100 sq. ft. each additional room
|
b.
Parking Spaces Required. The minimum parking spaces required under Section 19.436.050 may be reduced according to the following:
|
Type of Unit
|
Parking Spaces Required
|
|---|---|
|
Units with kitchens
|
1 space per unit plus 2 spaces for any manager's dwelling unit
and 0.25 visitor spaces per unit.
|
|
Units without kitchens
|
0.5 space per unit plus 2 spaces for any manager's dwelling
unit.
|
c.
Furthermore, additional incentives and further reduction of development standards for elderly housing may be considered and authorized under the conditional use procedure of Section 19.128.020.
A.
Purposes. The purposes of this section and other provisions
of this Division regulating mobilehome parks are to:
1.
Protect the quality of mobilehome living;
2.
Control abandonments of mobilehome parks and conversions of mobilehome
parks to condominium-type ownership in order to avoid a shortage of
affordable housing, avoid involuntary displacement of residents, and
to mitigate relocation problems for displaced residents;
3.
Protect the areas surrounding mobilehome parks from adverse effects.
B.
Location and Use Approval. A mobilehome park on a site which
is held in undivided ownership is automatically permitted in the RMH
Zone, subject to the provisions of this Division, Title 15, and other
applicable laws. A mobilehome park on a site held in divided ownership,
including planned unit development, condominium, or stock cooperative
forms of ownership, is permitted in the RMH Zone subject to a conditional
use permit being granted and approval of a subdivision map.
C.
Permitted Facilities and Activities.
1.
All living quarters in a mobilehome park shall be mobilehomes approved
under state or federal regulations, except one site-built dwelling
unit for a manager or caretaker is permitted. Recreation vehicles
shall not be occupied as living quarters within a mobilehome park.
2.
The following accessory uses are permitted:
a.
Recreational facilities for the use of residents and guests only;
b.
Laundry for the use of residents only;
c.
Home occupations, subject to the provisions of Section 19.448.040;
d.
Office, maintenance, service, and utility facilities pertaining only
to the operation of the mobilehome park;
e.
Storage buildings and open storage areas for the use of residents only. Open storage areas shall be screened in accordance with Section 19.424.020.
D.
Density. The maximum density of a mobilehome park shall be twelve dwelling units per net acre in the total site (as provided in Section 19.408.010).
E.
Site Requirement. The minimum net site area for a mobilehome park shall be 200,000 square feet (as provided in Section 19.408.050).
F.
Development Standards.
1.
Mobilehome Site Size. The average size of mobilehome
sites within each mobilehome park shall be not less than two thousand
four hundred square feet. No mobilehome site shall have an area less
than 1,600 square feet.
2.
Foundations. Permanent foundations for mobilehomes shall
not be provided except foundations may be constructed in the case
of a stock cooperative or condominium-type ownership where the mobilehome
owner also has an ownership interest in the mobilehome site.
3.
Buildings. No building shall be attached to or supported
by a mobilehome.
4.
Height. No building or structure shall exceed two stories
or thirty feet in height, whichever is less.
5.
Open Area. The ground coverage of each mobilehome site
shall not exceed sixty percent.
6.
Setbacks.
a.
Abutting any surrounding streets, a mobilehome park shall have front
and side yard setbacks of at least twenty feet.
b.
Any common structures or facilities not over fifteen feet high shall
be set back at least five feet from any property line abutting property
in a residential zone.
c.
Any common structures or facilities over fifteen feet high shall
be set back at least ten feet from any property line abutting property
in a residential zone.
d.
On each mobilehome site, the mobilehome and any other structures
or facilities shall be set back at least five feet from the boundaries
of the site.
e.
No encroachments shall be permitted in any of the required setback
areas except as follows:
(i)
Landscaping, in any setback area;
(ii)
Fences not over three and one-half feet high, in any setback
area;
(iii)
Fences three and one-half to seven feet high, in any setback
area other than a required setback area abutting a street;
(iv)
Screened common storage areas, in perimeter setback areas other
than a required setback area abutting a street and other than a required
setback area on a mobilehome site.
7.
Trash Areas. Trash storage facilities in compliance with the requirements of Section 19.424.010 shall be located within one hundred feet of each mobilehome.
8.
Storage. All storage shall be within accessory storage buildings or screened enclosures which comply with the provisions of Section 19.424.020, whether such storage is located on individual mobilehome sites or as a common facility for residents.
9.
Fences. An ornamental masonry wall at least 6 feet high
and not more than 7 feet high shall completely enclose all mobilehome
park facilities except for entrance drives and walks and perimeter
setback areas along street frontages.
10.
Landscaping. All ground areas not covered by permitted
facilities shall be landscaped.
11.
Access and Circulation. A paved roadway at least thirty feet wide shall extend from a public street to each mobilehome site. Roadway improvements shall comply with the paving standards of Section 19.436.080 and any additional such standards adopted for mobilehome parks pursuant to Section 19.124.050.
12.
Parking. Parking areas shall be provided as required by Chapter 19.436. Parking shall not be permitted within the minimum thirty-foot width of each roadway.
13.
Community Facilities. Common usable open area shall be provided as required by Section 19.420.020. Suitable recreational facilities shall be provided for the use of residents such as swimming and therapeutic pools, clubhouses, tennis courts, shuffleboard courts, and landscaped park areas.
14.
Signs. In lieu of the permit-exempt identification sign permitted by subsection D of Section 19.904.080, Division 9, one identification sign is permitted at each park entrance. Each such sign shall have a total sign face area of not more than 24 square feet. The total sign face area of all such signs shall not exceed one square foot for each dwelling unit in the park. In addition, a directory sign not exceeding 24 square feet in total face area, showing names, addresses, and locations of residents, may be located inside each entrance. Directional signs, not exceeding 4 square feet in total sign face area each and not more than 4 feet high, may be placed as necessary.
15.
Utilities. Individual utility metering shall be provided
for all mobilehome sites.
16.
Site Plan Review. All development in a mobilehome park shall conform to a site plan approved pursuant to Section 19.128.040.
G.
Ownership and Management. In connection with any approval of a conditional use permit and/or subdivision map for divided ownership of any mobilehome park, conditions shall be imposed requiring documents governing the ownership and management of the park which meet the same criteria as set forth for condominium documents under subsection E.5 of Section 19.448.030.
H.
Conversion or Abandonment. In the event all or part of a mobilehome
park located in the RMH Zone is proposed to be vacated, converted
to another use, or converted to a planned unit development, condominium,
or stock cooperative form of ownership, the following shall be required:
1.
The mobilehome park owner shall give notice to all residents of the
park and to the City Council at least one hundred eighty days in advance
of such proposed abandonment or conversion.
2.
During such one-hundred-eighty-day period, the owner shall hold open
an offer of sale of the park to any association formed by and open
to membership of all park residents for the purpose of acquiring ownership
of the park.
3.
If abandonment of mobilehome use in all or part of the park is proposed,
such abandonment shall not take place until a change of zone has been
initiated by the owner and acted upon by the City Council. (See California
Government Code Section 65863.7)
4.
If conversion to a new ownership form is proposed, a conditional
use permit and subdivision map approval procedure shall be initiated
by the current owner. In case of approval, the conditions of such
approval shall require that residents be given the first right of
refusal on the purchase of ownership rights in their respective mobilehome
sites.
A.
Purpose. The purpose of this section is to provide for multi-family
residential development on existing lots in the RM-20 zone which are
non-conforming in lot width and/or area, and to provide certain specific
minimum development standards that will reduce the intensity of multi-family
development on the smaller lots, encourage lot consolidation to achieve
conforming lot width and area whenever possible, and promote shared
driveways whenever possible to maximize the availability of on-street
parking in the RM-20 zone.
B.
Definition. For the purpose of this section, a non-conforming
lot is defined as any existing lot in the RM-20 zone which has a lot
width less than 100 feet and/or a lot area less than 12,500 square
feet.
C.
Density. The maximum density for any non-conforming lot shall be determined by computing the maximum number of dwelling units otherwise permitted under Sections 19.408.010, 19.408.020, and 19.408.030; and reducing that number in accordance with the following factors:
1.
One percent reduction for each foot of lot width less than 100 feet.
2.
One percent reduction for each 200 square feet of lot area less than
12,500 square feet.
3.
Fractional results shall be governed by Section 19.408.040.
D.
Master Plan Required. A Master Plan shall be submitted for
any multi-family residential project on a non-conforming lot in the
RM-20 Zone which shall meet the criteria set forth in this section.
The plan shall be filed in the manner and form prescribed by the Director.
1.
Intent. The intent of the Master Plan is to allow for the development
of non-conforming lots while ensuring that any potential areas that
may exist for common use with adjacent lots, such as shared open space,
site access or reciprocal parking, are identified for future use.
2.
The information on the master plan shall include, but is not limited
to, the following for the subject lot and all adjacent lots:
a.
Applicable existing and/or conceptual building locations and orientation;
b.
Overall circulation, both vehicular and pedestrian;
c.
Points of ingress and egress to public and private streets;
d.
Parking lot locations and configurations;
e.
Areas for potential or future common use on adjacent lots, such as
shared open space, site access or reciprocal parking, shall be identified.
3.
Review Criteria. The master plan shall be reviewed in accordance with Section 19.128.040 (Site Plan Review), the City of Buena Park Architectural Design Guidelines, and this Title.
E.
Development Standards. Under the provisions of this section, any residential development of more than one dwelling unit on a non-conforming lot in the RM-20 zone shall comply with all development standards of Division 4, with the following exceptions:
1.
Height of Structures.
2.
Common Usable Open Area. Open area on a lot shall include at least 300 square feet of common usable open area per unit. For any development where the livable area of dwelling units abut the landscaped front yard, the required common usable open area for that development may be reduced by a maximum 5 percent pursuant to a site plan review process. All other standards for common usable open area shall be in accordance with Section 19.420.020.
3.
Driveway Width. The driveway width requirements of Table 19.436.040 shall apply for non-conforming lots, except that, for more than three dwelling units on a non-conforming lot, the driveway width may be further reduced to a minimum 12 foot width with a conditional use permit approval pursuant to Section 19.128.020.
(Ord. 1338 § 20, 1996; Ord. 1445 § 6, 2003)
A.
Applicability. This section applies to all multifamily residential
developments utilizing a condominium, stock cooperative, or community
apartment form of ownership (referred to hereafter in this section
as condominiums), whether initially developed in that form or converted
from an existing form of ownership and development.
B.
Findings and Purposes.
1.
It is found that residential condominiums differ from rental units
in many respects, including the need for design, construction, and
maintenance controls, and that it is necessary that standards for
both the development of and conversion to condominiums be applied
for the benefit of the public health, safety, and welfare.
2.
The purposes of this section are to establish standards for the design,
construction, management, operation, and maintenance of residential
condominium developments; and to control conversions of rental units
to condominiums in order to avoid shortages of rental housing, to
avoid involuntary displacement of residents, and to mitigate relocation
problems of displaced residents.
C.
Location. Residential condominium developments regulated by this section are permitted in the RM Zones (not including the RMH Zone) subject to a conditional use permit granted pursuant to Section 19.128.020 and the requirements of the state Subdivision Map Act.
D.
General Requirements. Residential condominium developments
shall be subject to all requirements applicable to multifamily residential
uses in the zone in which the condominiums are located.
E.
Special Requirements.
1.
Storage. For each condominium unit, there shall be a
separate enclosed storage space of at least two hundred cubic feet.
Such space shall have access other than from the interior of the dwelling
unit and shall be weatherproof and lockable.
2.
Utilities. Each condominium unit shall have separate
utility service systems including water, gas, and electrical service.
All services shall be individually metered to each unit. Units shall
be served by individual sewer laterals that do not cross other individually
owned space unless located in dedicated easements. Main sewer lines
shall be in easements. Each unit shall have plumbing stacks separate
from any other unit.
3.
Garages. The minimum garage floor area for each unit
shall be four hundred forty square feet. The minimum garage door width
for each unit shall be one eighteen-foot door or two nine-foot doors.
4.
Affordable Units. Each residential condominium development
receiving any assistance from redevelopment funds shall make twenty-five
percent of the units available for low and moderate income residents
as such terms are defined for purposes of the City's housing assistance
plan.
5.
Ownership, management, operation, and maintenance responsibilities shall be governed by documents required under the California Civil Code, Title 6, Chapter 1 (Sections 1350 through 1360) and which provide for:
a.
Right of access to common areas for City and other governmental representatives
on official business;
b.
A continuing owners' association with management responsibility,
each unit with equal vote, the authority to levy assessments on an
equitable basis, and a duty to give advance notice to the City of
any changes affecting city requirements;
c.
A means of re-assembly of the project into a single ownership and/or
partition into more than one project.
6.
Conversions of existing developments to residential condominium projects shall be permitted only when approval is granted pursuant to Section 19.128.020. No such conversion shall become effective until all existing structures are brought into compliance with current building and housing regulations including the City's building, plumbing, mechanical, electrical ,and fire prevention codes.
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 four or more single-family dwelling units are to be developed, the dwelling unit density may be increased by up to twenty percent 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 two 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 required 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 a any other property.
(Ord. 1315 § 11, 1994; Ord. 1445 § 7, 2003)
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.
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 residential zone, on
any 1 lot in residential use, a yard sale may be conducted on not
more than 2 consecutive days in any 6-month period. Sales shall be
conducted only between 8:00 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 6 months or more on the same premises.
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 RM zones except as follows:
1.
Household Pets. Not more than 3 dogs and 3 cats per household plus any unweaned litter from such pets not over 6 months old, and parrots, canaries and other house birds of a similar nature. Rabbits and fowl (other than house birds) are prohibited. 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 3 nonpoisonous reptiles not over 6 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.
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.
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.
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)
Refer to Section 19.348.080 of Title 19. of the Buena Park Municipal Code.
(Ord. 1675 § 5, 2020)
